[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2432 Engrossed in Senate (ES)]
105th CONGRESS
2d Session
S. 2432
_______________________________________________________________________
AN ACT
To support programs of grants to States to address the assistive
technology needs of individuals with disabilities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Assistive
Technology Act of 1998''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions and rule.
TITLE I--STATE GRANT PROGRAMS
Sec. 101. Continuity grants for States that received funding for a
limited period for technology-related
assistance.
Sec. 102. State challenge grants.
Sec. 103. Supplementary millennium grants to States for State and local
capacity building.
Sec. 104. State grants for protection and advocacy related to assistive
technology.
Sec. 105. Administrative provisions.
Sec. 106. Technical assistance program.
Sec. 107. Authorization of appropriations.
TITLE II--NATIONAL ACTIVITIES
Subtitle A--Rehabilitation Act of 1973
Sec. 201. Coordination of Federal research efforts.
Sec. 202. National Council on Disability.
Sec. 203. Architectural and Transportation Barriers Compliance Board.
Subtitle B--Other National Activities
Sec. 211. Small business incentives.
Sec. 212. Technology transfer and universal design.
Sec. 213. Universal design in products and the built environment.
Sec. 214. Outreach.
Sec. 215. Training pertaining to rehabilitation engineers and
technicians.
Sec. 216. Assistive technology taxonomy.
Sec. 217. President's Committee on Employment of People With
Disabilities.
Sec. 218. Authorization of appropriations.
TITLE III--ALTERNATIVE FINANCING MECHANISMS
Sec. 301. General authority.
Sec. 302. Amount of grants.
Sec. 303. Applications and procedures.
Sec. 304. Contracts with community-based organizations.
Sec. 305. Grant administration requirements.
Sec. 306. Information and technical assistance.
Sec. 307. Annual report.
Sec. 308. Authorization of appropriations.
TITLE IV--REPEAL AND CONFORMING AMENDMENTS
Sec. 401. Repeal.
Sec. 402. Conforming amendments.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to--
(A) live independently;
(B) enjoy self-determination and make choices;
(C) benefit from an education;
(D) pursue meaningful careers; and
(E) enjoy full inclusion and integration in the
economic, political, social, cultural, and educational
mainstream of society in the United States.
(2) Technology has become 1 of the primary engines for
economic activity, education, and innovation in the Nation, and
throughout the world. The commitment of the United States to
the development and utilization of technology is 1 of the main
factors underlying the strength and vibrancy of the economy of
the United States.
(3) As technology has come to play an increasingly
important role in the lives of all persons in the United
States, in the conduct of business, in the functioning of
government, in the fostering of communication, in the conduct
of commerce, and in the provision of education, its impact upon
the lives of the more than 50,000,000 individuals with
disabilities in the United States has been comparable to its
impact upon the remainder of the citizens of the United States.
Any development in mainstream technology would have profound
implications for individuals with disabilities in the United
States.
(4) Substantial progress has been made in the development
of assistive technology devices, including adaptations to
existing devices that facilitate activities of daily living,
that significantly benefit individuals with disabilities of all
ages. Such devices and adaptations increase the involvement of
such individuals in, and reduce expenditures associated with,
programs and activities such as early intervention, education,
rehabilitation and training, employment, residential living,
independent living, and recreation programs and activities, and
other aspects of daily living.
(5) All States have comprehensive statewide programs of
technology-related assistance. Federal support for such
programs should continue, strengthening the capacity of each
State to assist individuals with disabilities of all ages with
their assistive technology needs.
(6) Notwithstanding the efforts of such State programs,
there is still a lack of--
(A) resources to pay for assistive technology
devices and assistive technology services;
(B) trained personnel to assist individuals with
disabilities to use such devices and services;
(C) information among targeted individuals about
the availability and potential benefit of technology
for individuals with disabilities;
(D) outreach to underrepresented populations and
rural populations;
(E) systems that ensure timely acquisition and
delivery of assistive technology devices and assistive
technology services;
(F) coordination among State human services
programs, and between such programs and private
entities, particularly with respect to transitions
between such programs and entities; and
(G) capacity in such programs to provide the
necessary technology-related assistance.
(7) In the current technological environment, the line of
demarcation between assistive technology and mainstream
technology is becoming ever more difficult to draw.
(8) Many individuals with disabilities cannot access
existing telecommunications and information technologies and
are at risk of not being able to access developing
technologies. The failure of Federal and State governments,
hardware manufacturers, software designers, information systems
managers, and telecommunications service providers to account
for the specific needs of individuals with disabilities in the
design, manufacture, and procurement of telecommunications and
information technologies results in the exclusion of such
individuals from the use of telecommunications and information
technologies and results in unnecessary costs associated with
the retrofitting of devices and product systems.
(9) There are insufficient incentives for Federal
contractors and other manufacturers of technology to address
the application of technology advances to meet the needs of
individuals with disabilities of all ages for assistive
technology devices and assistive technology services.
(10) The use of universal design principles reduces the
need for many specific kinds of assistive technology devices
and assistive technology services by building in accommodations
for individuals with disabilities before rather than after
production. The use of universal design principles also
increases the likelihood that products (including services)
will be compatible with existing assistive technologies. These
principles are increasingly important to enhance access to
information technology, telecommunications, transportation,
physical structures, and consumer products. There are
insufficient incentives for commercial manufacturers to
incorporate universal design principles into the design and
manufacturing of technology products, including devices of
daily living, that could expand their immediate use by
individuals with disabilities of all ages.
(11) There are insufficient incentives for commercial
pursuit of the application of technology devices to meet the
needs of individuals with disabilities, because of the
perception that such individuals constitute a limited market.
(12) At the Federal level, the Federal Laboratories, the
National Aeronautics and Space Administration, and other
similar entities do not recognize the value of, or commit
resources on an ongoing basis to, technology transfer
initiatives that would benefit, and especially increase the
independence of, individuals with disabilities.
(13) At the Federal level, there is a lack of coordination
among agencies that provide or pay for the provision of
assistive technology devices and assistive technology services.
In addition, the Federal Government does not provide adequate
assistance and information with respect to the quality and use
of assistive technology devices and assistive technology
services to targeted individuals.
(14) There are changes in the delivery of assistive
technology devices and assistive technology services,
including--
(A) the impact of the increased prevalence of
managed care entities as payors for assistive
technology devices and assistive technology services;
(B) an increased focus on universal design;
(C) the increased importance of assistive
technology in employment, as more individuals with
disabilities move from public assistance to work
through training and on-the-job accommodations;
(D) the role and impact that new technologies have
on how individuals with disabilities will learn about,
access, and participate in programs or services that
will affect their lives; and
(E) the increased role that telecommunications play
in education, employment, health care, and social
activities.
(b) Purposes.--The purposes of this Act are--
(1) to provide financial assistance to States to undertake
activities that assist each State in maintaining and
strengthening a permanent comprehensive statewide program of
technology-related assistance, for individuals with
disabilities of all ages, that is designed to--
(A) increase the availability of, funding for,
access to, and provision of, assistive technology
devices and assistive technology services;
(B) increase the active involvement of individuals
with disabilities and their family members, guardians,
advocates, and authorized representatives, in the
maintenance, improvement, and evaluation of such a
program;
(C) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, and authorized representatives,
in decisions related to the provision of assistive
technology devices and assistive technology services;
(D) increase the provision of outreach to
underrepresented populations and rural populations, to
enable the 2 populations to enjoy the benefits of
activities carried out under this Act to the same
extent as other populations;
(E) increase and promote coordination among State
agencies, between State and local agencies, among local
agencies, and between State and local agencies and
private entities (such as managed care providers), that
are involved or are eligible to be involved in carrying
out activities under this Act;
(F)(i) increase the awareness of laws, regulations,
policies, practices, procedures, and organizational
structures, that facilitate the availability or
provision of assistive technology devices and assistive
technology services; and
(ii) facilitate the change of laws, regulations,
policies, practices, procedures, and organizational
structures, to obtain increased availability or
provision of assistive technology devices and assistive
technology services;
(G) increase the probability that individuals with
disabilities of all ages will, to the extent
appropriate, be able to secure and maintain possession
of assistive technology devices as such individuals
make the transition between services offered by human
service agencies or between settings of daily living
(for example, between home and work);
(H) enhance the skills and competencies of
individuals involved in providing assistive technology
devices and assistive technology services;
(I) increase awareness and knowledge of the
benefits of assistive technology devices and assistive
technology services among targeted individuals;
(J) increase the awareness of the needs of
individuals with disabilities of all ages for assistive
technology devices and for assistive technology
services; and
(K) increase the capacity of public agencies and
private entities to provide and pay for assistive
technology devices and assistive technology services on
a statewide basis for individuals with disabilities of
all ages;
(2) to identify Federal policies that facilitate payment
for assistive technology devices and assistive technology
services, to identify those Federal policies that impede such
payment, and to eliminate inappropriate barriers to such
payment; and
(3) to enhance the ability of the Federal Government to--
(A) provide States with financial assistance that
supports--
(i) information and public awareness
programs relating to the provision of assistive
technology devices and assistive technology
services;
(ii) improved interagency and public-
private coordination, especially through new
and improved policies, that result in increased
availability of assistive technology devices
and assistive technology services; and
(iii) technical assistance and training in
the provision or use of assistive technology
devices and assistive technology services; and
(B) fund national, regional, State, and local
targeted initiatives that promote understanding of and
access to assistive technology devices and assistive
technology services for targeted individuals.
SEC. 3. DEFINITIONS AND RULE.
(a) Definitions.--In this Act:
(1) Advocacy services.--The term ``advocacy services'',
except as used as part of the term ``protection and advocacy
services'', means services provided to assist individuals with
disabilities and their family members, guardians, advocates,
and authorized representatives in accessing assistive
technology devices and assistive technology services.
(2) Assistive technology.--The term ``assistive
technology'' means technology designed to be utilized in an
assistive technology device or assistive technology service.
(3) Assistive technology device.--The term ``assistive
technology device'' means any item, piece of equipment, or
product system, whether acquired commercially, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities.
(4) Assistive technology service.--The term ``assistive
technology service'' means any service that directly assists an
individual with a disability in the selection, acquisition, or
use of an assistive technology device. Such term includes--
(A) the evaluation of the assistive technology
needs of an individual with a disability, including a
functional evaluation of the impact of the provision of
appropriate assistive technology and appropriate
services to the individual in the customary environment
of the individual;
(B) services consisting of purchasing, leasing, or
otherwise providing for the acquisition of assistive
technology devices by individuals with disabilities;
(C) services consisting of selecting, designing,
fitting, customizing, adapting, applying, maintaining,
repairing, or replacing assistive technology devices;
(D) coordination and use of necessary therapies,
interventions, or services with assistive technology
devices, such as therapies, interventions, or services
associated with education and rehabilitation plans and
programs;
(E) training or technical assistance for an
individual with disabilities, or, where appropriate,
the family members, guardians, advocates, or authorized
representatives of such an individual; and
(F) training or technical assistance for
professionals (including individuals providing
education and rehabilitation services), employers, or
other individuals who provide services to, employ, or
are otherwise substantially involved in the major life
functions of individuals with disabilities.
(5) Capacity building and advocacy activities.--The term
``capacity building and advocacy activities'' means efforts
that--
(A) result in laws, regulations, policies,
practices, procedures, or organizational structures
that promote consumer-responsive programs or entities;
and
(B) facilitate and increase access to, provision
of, and funding for, assistive technology devices and
assistive technology services,
in order to empower individuals with disabilities to achieve
greater independence, productivity, and integration and
inclusion within the community and the workforce.
(6) Comprehensive statewide program of technology-related
assistance.--The term ``comprehensive statewide program of
technology-related assistance'' means a consumer-responsive
program of technology-related assistance for individuals with
disabilities, implemented by a State, and equally available to
all individuals with disabilities residing in the State,
regardless of their type of disability, age, income level, or
location of residence in the State, or the type of assistive
technology device or assistive technology service required.
(7) Consumer-responsive.--The term ``consumer-
responsive''--
(A) with regard to policies, means that the
policies are consistent with the principles of--
(i) respect for individual dignity,
personal responsibility, self-determination,
and pursuit of meaningful careers, based on
informed choice, of individuals with
disabilities;
(ii) respect for the privacy, rights, and
equal access (including the use of accessible
formats) of such individuals;
(iii) inclusion, integration, and full
participation of such individuals in society;
(iv) support for the involvement in
decisions of a family member, a guardian, an
advocate, or an authorized representative, if
an individual with a disability requests,
desires, or needs such involvement; and
(v) support for individual and systems
advocacy and community involvement; and
(B) with respect to an entity, program, or
activity, means that the entity, program, or activity--
(i) is easily accessible to, and usable by,
individuals with disabilities and, when
appropriate, their family members, guardians,
advocates, or authorized representatives;
(ii) responds to the needs of individuals
with disabilities in a timely and appropriate
manner; and
(iii) facilitates the full and meaningful
participation of individuals with disabilities
(including individuals from underrepresented
populations and rural populations) and their
family members, guardians, advocates, and
authorized representatives, in--
(I) decisions relating to the
provision of assistive technology
devices and assistive technology
services to such individuals; and
(II) decisions related to the
maintenance, improvement, and
evaluation of the comprehensive
statewide program of technology-related
assistance, including decisions that
affect advocacy, capacity building, and
capacity building and advocacy
activities.
(8) Disability.--The term ``disability'' means a condition
of an individual that is considered to be a disability or
handicap for the purposes of any Federal law other than this
Act or for the purposes of the law of the State in which the
individual resides.
(9) Individual with a disability; individuals with
disabilities.--
(A) Individual with a disability.--The term
``individual with a disability'' means any individual
of any age, race, or ethnicity--
(i) who has a disability; and
(ii) who is or would be enabled by an
assistive technology device or an assistive
technology service to minimize deterioration in
functioning, to maintain a level of
functioning, or to achieve a greater level of
functioning in any major life activity.
(B) Individuals with disabilities.--The term
``individuals with disabilities'' means more than 1
individual with a disability.
(10) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)), and includes a community college receiving
funding under the Tribally Controlled Community College
Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
(11) Protection and advocacy services.--The term
``protection and advocacy services'' means services that--
(A) are described in part C of the Developmental
Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6041 et seq.), the Protection and Advocacy for
Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801
et seq.), or section 509 of the Rehabilitation Act of
1973; and
(B) assist individuals with disabilities with
respect to assistive technology devices and assistive
technology services.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(13) State.--
(A) In general.--Except as provided in subparagraph
(B) and section 302, the term ``State'' means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
(B) Outlying areas.--In sections 101(c), 102(c),
103(d), and 104(b):
(i) Outlying area.--The term ``outlying
area'' means the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(ii) State.--The term ``State'' does not
include the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(14) Targeted individuals.--The term ``targeted
individuals'' means--
(A) individuals with disabilities of all ages and
their family members, guardians, advocates, and
authorized representatives;
(B) individuals who work for public or private
entities (including insurers or managed care
providers), that have contact with individuals with
disabilities;
(C) educators and related services personnel;
(D) technology experts (including engineers);
(E) health and allied health professionals;
(F) employers; and
(G) other appropriate individuals and entities.
(15) Technology-related assistance.--The term ``technology-
related assistance'' means assistance provided through capacity
building and advocacy activities that accomplish the purposes
described in any of subparagraphs (A) through (K) of section
2(b)(1).
(16) Underrepresented population.--The term
``underrepresented population'' means a population that is
typically underrepresented in service provision, and includes
populations such as persons who have low-incidence
disabilities, persons who are minorities, poor persons, persons
with limited-English proficiency, older individuals, or persons
from rural areas.
(17) Universal design.--The term ``universal design'' means
a concept or philosophy for designing and delivering products
and services that are usable by people with the widest possible
range of functional capabilities, which include products and
services that are directly usable (without requiring assistive
technologies) and products and services that are made usable
with assistive technologies.
(b) References.--References in this Act to a provision of the
Technology-Related Assistance for Individuals With Disabilities Act of
1988 shall be considered to be references to such provision as in
effect on the day before the date of enactment of this Act.
TITLE I--STATE GRANT PROGRAMS
SEC. 101. CONTINUITY GRANTS FOR STATES THAT RECEIVED FUNDING FOR A
LIMITED PERIOD FOR TECHNOLOGY-RELATED ASSISTANCE.
(a) Grants to States.--
(1) In general.--The Secretary shall award grants, in
accordance with this section, to eligible States to support
capacity building and advocacy activities, designed to assist
the States in maintaining permanent comprehensive statewide
programs of technology-related assistance that accomplish the
purposes described in section 2(b)(1).
(2) Eligible states.--To be eligible to receive a grant
under this section a State shall be a State that received
grants for less than 10 years under title I of the Technology-
Related Assistance for Individuals With Disabilities Act of
1988.
(b) Use of Funds.--
(1) In general.--Any State that receives a grant under this
section shall use the funds made available through the grant to
carry out the activities described in paragraph (2) and may use
the funds to carry out the activities described in paragraph
(3).
(2) Mandatory activities.--
(A) Public awareness program.--
(i) In general.--The State shall support a
public awareness program designed to provide
information to targeted individuals relating to
the availability and benefits of assistive
technology devices and assistive technology
services.
(ii) Link.--Such a public awareness program
shall have an electronic link to the National
Public Internet Site authorized under section
106(c)(1).
(iii) Contents.--The public awareness
program may include--
(I) the development and
dissemination of information relating
to--
(aa) the nature of
assistive technology devices
and assistive technology
services;
(bb) the appropriateness
of, cost of, availability of,
evaluation of, and access to,
assistive technology devices
and assistive technology
services; and
(cc) the benefits of
assistive technology devices
and assistive technology
services with respect to
enhancing the capacity of
individuals with disabilities
of all ages to perform
activities of daily living;
(II) the development of procedures
for providing direct communication
between providers of assistive
technology and targeted individuals;
and
(III) the development and
dissemination, to targeted individuals,
of information about State efforts
related to assistive technology.
(B) Interagency coordination.--
(i) In general.--The State shall develop
and promote the adoption of policies that
improve access to assistive technology devices
and assistive technology services for
individuals with disabilities of all ages in
the State and that result in improved
coordination among public and private entities
that are responsible or have the authority to
be responsible, for policies, procedures, or
funding for, or the provision of assistive
technology devices and assistive technology
services to, such individuals.
(ii) Appointment to certain information
technology panels.--The State shall appoint the
director of the lead agency described in
subsection (d) or the designee of the director,
to any committee, council, or similar
organization created by the State to assist the
State in the development of the information
technology policy of the State.
(iii) Coordination activities.--The
development and promotion described in clause
(i) may include support for--
(I) policies that result in
improved coordination, including
coordination between public and private
entities--
(aa) in the application of
Federal and State policies;
(bb) in the use of
resources and services relating
to the provision of assistive
technology devices and
assistive technology services,
including the use of
interagency agreements; and
(cc) in the improvement of
access to assistive technology
devices and assistive
technology services for
individuals with disabilities
of all ages in the State;
(II) convening interagency work
groups, involving public and private
entities, to identify, create, or
expand funding options, and coordinate
access to funding, for assistive
technology devices and assistive
technology services for individuals
with disabilities of all ages; or
(III) documenting and disseminating
information about interagency
activities that promote coordination,
including coordination between public
and private entities, with respect to
assistive technology devices and
assistive technology services.
(C) Technical assistance and training.--The State
shall carry out directly, or provide support to public
or private entities to carry out, technical assistance
and training activities for targeted individuals,
including--
(i) the development and implementation of
laws, regulations, policies, practices,
procedures, or organizational structures that
promote access to assistive technology devices
and assistive technology services for
individuals with disabilities in education,
health care, employment, and community living
contexts, and in other contexts such as leisure
activities and the use of telecommunications;
(ii)(I) the development of training
materials and the conduct of training in the
use of assistive technology devices and
assistive technology services; and
(II) the provision of technical assistance,
including technical assistance concerning how--
(aa) to consider the needs of an
individual with a disability for
assistive technology devices and
assistive technology services in
developing any individualized plan or
program authorized under Federal or
State law;
(bb) the rights of targeted
individuals to assistive technology
devices and assistive technology
services are addressed under laws other
than this Act, to promote fuller
independence, productivity, and
inclusion in and integration into
society of such individuals; or
(cc) to increase consumer
participation in the identification,
planning, use, delivery, and evaluation
of assistive technology devices and
assistive technology services; and
(iii)(I) the enhancement of the assistive
technology skills and competencies of--
(aa) individuals who work for
public or private entities (including
insurers and managed care providers),
who have contact with individuals with
disabilities;
(bb) educators and related services
personnel;
(cc) technology experts (including
engineers);
(dd) health and allied health
professionals;
(ee) employers; and
(ff) other appropriate personnel;
and
(II) taking action to facilitate the
development of standards, or, when appropriate,
the application of such standards, to ensure
the availability of qualified personnel.
(D) Outreach.--The State shall provide support to
statewide and community-based organizations that
provide assistive technology devices and assistive
technology services to individuals with disabilities or
that assist individuals with disabilities in using
assistive technology devices and assistive technology
services, including a focus on organizations assisting
individuals from underrepresented populations and rural
populations. Such support may include outreach to
consumer organizations and groups in the State to
coordinate efforts (including self-help, support group
activities, and peer mentoring) to assist individuals
with disabilities of all ages and their family members,
guardians, advocates, or authorized representatives, to
obtain funding for, access to, and information on
evaluation of assistive technology devices and
assistive technology services.
(3) Discretionary activities.--
(A) Alternative state-financed systems.--The State
may support activities to increase access to, and
funding for, assistive technology devices and assistive
technology services, including--
(i) the development of systems that provide
assistive technology devices and assistive
technology services to individuals with
disabilities of all ages, and that pay for such
devices and services, such as--
(I) the development of systems for
the purchase, lease, other acquisition,
or payment for the provision, of
assistive technology devices and
assistive technology services; or
(II) the establishment of
alternative State or privately financed
systems of subsidies for the provision
of assistive technology devices and
assistive technology services, such
as--
(aa) a low-interest loan
fund;
(bb) an interest buy-down
program;
(cc) a revolving loan fund;
(dd) a loan guarantee or
insurance program;
(ee) a program operated by
a partnership among private
entities for the purchase,
lease, or other acquisition of
assistive technology devices or
assistive technology services;
or
(ff) another mechanism that
meets the requirements of title
III and is approved by the
Secretary;
(ii) the short-term loan of assistive
technology devices to individuals, employers,
public agencies, or public accommodations
seeking strategies to comply with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794); or
(iii) the maintenance of information about,
and recycling centers for, the redistribution
of assistive technology devices and equipment,
which may include redistribution through device
and equipment loans, rentals, or gifts.
(B) Demonstrations.--The State, in collaboration
with other entities in established, recognized
community settings (such as nonprofit organizations,
libraries, schools, community-based employer
organizations, churches, and entities operating senior
citizen centers, shopping malls, and health clinics),
may demonstrate assistive technology devices in
settings where targeted individuals can see and try out
assistive technology devices, and learn more about the
devices from personnel who are familiar with such
devices and their applications or can be referred to
other entities who have information on the devices.
(C) Options for securing devices and services.--The
State, through public agencies or nonprofit
organizations, may support assistance to individuals
with disabilities and their family members, guardians,
advocates, and authorized representatives about options
for securing assistive technology devices and assistive
technology services that would meet individual needs
for such assistive technology devices and assistive
technology services. Such assistance shall not include
direct payment for an assistive technology device.
(D) Technology-related information.--
(i) In general.--The State may operate and
expand a system for public access to
information concerning an activity carried out
under another paragraph of this subsection,
including information about assistive
technology devices and assistive technology
services, funding sources and costs of such
devices and services, and individuals,
organizations, and agencies capable of carrying
out such an activity for individuals with
disabilities. The system shall be part of, and
complement the information that is available
through a link to, the National Public Internet
Site described in section 106(c)(1).
(ii) Access.--Access to the system may be
provided through community-based locations,
including public libraries, centers for
independent living (as defined in section 702
of the Rehabilitation Act of 1973), locations
of community rehabilitation programs (as
defined in section 7 of such Act), schools,
senior citizen centers, State vocational
rehabilitation offices, other State workforce
offices, and other locations frequented or used
by the public.
(iii) Information collection and
preparation.--In operating or expanding a
system described in subparagraph (A), the State
may--
(I) develop, compile, and
categorize print, large print, braille,
audio, and video materials, computer
disks, compact discs (including compact
discs formatted with read-only memory),
information in alternative formats that
can be used in telephone-based
information systems, and materials
using such other media as technological
innovation may make appropriate;
(II) identify and classify funding
sources for obtaining assistive
technology devices and assistive
technology services, and the conditions
of and criteria for access to such
sources, including any funding
mechanisms or strategies developed by
the State;
(III) identify support groups and
systems designed to help individuals
with disabilities make effective use of
an activity carried out under another
paragraph of this subsection, including
groups that provide evaluations of
assistive technology devices and
assistive technology services; and
(IV) maintain a record of the
extent to which citizens of the State
use or make inquiries of the system
established in clause (i), and of the
nature of such inquiries.
(E) Interstate activities.--
(i) In general.--The State may enter into
cooperative agreements with other States to
expand the capacity of the States involved to
assist individuals with disabilities of all
ages to learn about, acquire, use, maintain,
adapt, and upgrade assistive technology devices
and assistive technology services that such
individuals need at home, at school, at work,
or in other environments that are part of daily
living.
(ii) Electronic communication.--The State
may operate or participate in an electronic
information exchange through which the State
may communicate with other States to gain
technical assistance in a timely fashion and to
avoid the duplication of efforts already
undertaken in other States.
(F) Partnerships and cooperative initiatives.--The
State may support partnerships and cooperative
initiatives between the public sector and the private
sector to promote greater participation by business and
industry in--
(i) the development, demonstration, and
dissemination of assistive technology devices;
and
(ii) the ongoing provision of information
about new products to assist individuals with
disabilities.
(G) Expenses.--The State may pay for expenses,
including travel expenses, and services, including
services of qualified interpreters, readers, and
personal care assistants, that may be necessary to
ensure access to the comprehensive statewide program of
technology-related assistance by individuals with
disabilities who are determined by the State to be in
financial need and not eligible for such payments or
services through another public agency or private
entity.
(H) Advocacy services.--The State may provide
advocacy services.
(c) Amount of Financial Assistance.--
(1) Grants to outlying areas.--From the funds appropriated
under section 107(a) and reserved under clause (i) of
subparagraph (A), (B), or (C) of section 107(b)(1) for any
fiscal year for grants under this section, the Secretary shall
make a grant in an amount of not more than $105,000 to each
eligible outlying area.
(2) Grants to states.--From the funds described in
paragraph (1) that are not used to make grants under paragraph
(1), the Secretary shall make grants to States in accordance
with the requirements described in paragraph (3).
(3) Calculation of state grants.--
(A) Calculations for grants in the second or third
year of a second extension grant.--For any fiscal year,
the Secretary shall calculate the amount of a grant
under paragraph (2) for each eligible State that would
be in the second or third year of a second extension
grant made under section 103 of the Technology-Related
Assistance for Individuals With Disabilities Act of
1988, if that Act had been reauthorized for that fiscal
year, in accordance with section 103(c)(2) of such Act.
(B) Calculations for grants in the fourth or fifth
year of a second extension grant.--
(i) Fourth year.--An eligible State that
would have been in the fourth year of a second
extension grant made under section 103 of the
Technology-Related Assistance for Individuals
With Disabilities Act of 1988 during a fiscal
year, if that Act had been reauthorized for
that fiscal year, shall receive under paragraph
(2) a grant in an amount equal to 75 percent of
the funding that the State received in the
prior fiscal year under section 103 of that Act
or under this section, as appropriate.
(ii) Fifth year.--An eligible State that
would have been in the fifth year of a second
extension grant made under section 103 of the
Technology-Related Assistance for Individuals
With Disabilities Act of 1988 during a fiscal
year, if that Act had been reauthorized for
that fiscal year, shall receive under paragraph
(2) a grant in an amount equal to 66\2/3\
percent of the funding that the State received
in the prior fiscal year under section 103 of
that Act or under this section, as appropriate.
(C) Additional states.--
(i) In general.--For purposes of this
paragraph, the Secretary shall treat a State
described in clause (ii)--
(I) for fiscal years 1999 through
2001, as if the State were a State
described in subparagraph (A); and
(II) for fiscal year 2002 or 2003,
as if the State were a State described
in clause (i) or (ii), respectively, of
subparagraph (B).
(ii) State.--A State referred to in clause
(i) shall be a State that--
(I) in fiscal year 1998, was in the
second year of an initial extension
grant made under section 103 of the
Technology-Related Assistance for
Individuals With Disabilities Act of
1988; and
(II) meets such terms and
conditions as the Secretary shall
determine to be appropriate.
(d) Lead Agency.--
(1) Identification.--
(A) In general.--To be eligible to receive a grant
under this section, a State shall designate a lead
agency to carry out appropriate State functions under
this section. The lead agency shall be the current
agency (as of the date of submission of the application
supplement described in subsection (e)) administering
the grant awarded to the State for fiscal year 1998
under title I of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988, except as
provided in subparagraph (B).
(B) Change in agency.--The Governor may change the
lead agency if the Governor shows good cause to the
Secretary why the designated lead agency should be
changed, in the application supplement described in
subsection (e), and obtains approval of the supplement.
(2) Duties of the lead agency.--The duties of the lead
agency shall include--
(A) submitting the application supplement described
in subsection (e) on behalf of the State;
(B) administering and supervising the use of
amounts made available under the grant received by the
State under this section;
(C)(i) coordinating efforts related to, and
supervising the preparation of, the application
supplement described in subsection (e);
(ii) continuing the coordination of the maintenance
and evaluation of the comprehensive statewide program
of technology-related assistance among public agencies
and between public agencies and private entities,
including coordinating efforts related to entering into
interagency agreements; and
(iii) continuing the coordination of efforts,
especially efforts carried out with entities that
provide protection and advocacy services described in
section 104, related to the active, timely, and
meaningful participation by individuals with
disabilities and their family members, guardians,
advocates, or authorized representatives, and other
appropriate individuals, with respect to activities
carried out under the grant; and
(D) the delegation, in whole or in part, of any
responsibilities described in subparagraph (A), (B), or
(C) to 1 or more appropriate offices, agencies,
entities, or individuals.
(e) Application Supplement.--
(1) Submission.--Any State that desires to receive a grant
under this section shall submit to the Secretary an application
supplement to the application the State submitted under section
103 of the Technology-Related Assistance for Individuals With
Disabilities Act of 1988, at such time, in such manner, and for
such period as the Secretary may specify, that contains the
following information:
(A) Goals and activities.--A description of--
(i) the goals the State has set, for
addressing the assistive technology needs of
individuals with disabilities in the State,
including any related to--
(I) health care;
(II) education;
(III) employment, including goals
involving the State vocational
rehabilitation program carried out
under title I of the Rehabilitation Act
of 1973;
(IV) telecommunication and
information technology; or
(V) community living, including
participation in recreation; and
(ii) the activities the State will
undertake to achieve such goals, in accordance
with the requirements of subsection (b).
(B) Measures of goal achievement.--A description of
how the State will measure whether the goals set by the
State have been achieved.
(C) Involvement of individuals with disabilities of
all ages and their families.--A description of how
individuals with disabilities of all ages and their
families--
(i) were involved in selecting--
(I) the goals;
(II) the activities to be
undertaken in achieving the goals; and
(III) the measures to be used in
judging if the goals have been
achieved; and
(ii) will be involved in measuring whether
the goals have been achieved.
(D) Redesignation of the lead agency.--If the
Governor elects to change the lead agency, the
following information:
(i) With regard to the original lead
agency, evidence of--
(I) lack of progress in employment
of qualified staff;
(II) lack of consumer-responsive
activities;
(III) lack of resource allocation
for systems change and advocacy
activities;
(IV) lack of progress in meeting
the assurances in the application
submitted by the State under section
102(e) of the Technology-Related
Assistance for Individuals With
Disabilities Act of 1988; or
(V) inadequate fiscal management.
(ii) With regard to the new lead agency, a
description of--
(I) the capacity of the new lead
agency to administer and conduct
activities described in subsection (b)
and this paragraph; and
(II) the procedures that the State
will implement to avoid the
deficiencies, described in clause (i),
of the original lead agency.
(iii) Information identifying which agency
prepared the application supplement.
(2) Interim status of state obligations.--Except as
provided in subsection (f)(2), when the Secretary notifies a
State that the State shall submit the application supplement to
the application the State submitted under section 103 of the
Technology-Related Assistance for Individuals With Disabilities
Act of 1988, the Secretary shall specify in the notification
the time period for which the application supplement shall
apply, consistent with paragraph (4).
(3) Continuing obligations.--Each State that receives a
grant under this section shall continue to abide by the
assurances the State made in the application the State
submitted under section 103 of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 and
continue to comply with reporting requirements under that Act.
(4) Duration of application supplement.--
(A) Determination.--The Secretary shall determine
and specify to the State the time period for which the
application supplement shall apply, in accordance with
subparagraph (B).
(B) Limit.--Such time period for any State shall
not extend beyond the year that would have been the
fifth year of a second extension grant made for that
State under section 103 of the Technology-Related
Assistance for Individuals With Disabilities Act of
1988, if the Act had been reauthorized through that
year.
(f) Options Related to Funding for Fiscal Years 1999 Through
2004.--
(1) Extensions.--
(A) In general.--In the case of a State that was in
the fifth year of a second extension grant made under
section 103 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 in fiscal
year 1998, the Secretary may, in the discretion of the
Secretary, award a 1-year extension of the grant
received for fiscal year 1999 to such a State if the
State submits an application supplement under
subsection (e) and meets other related requirements for
a State seeking a grant under this section.
(B) Amount.--A State that receives a 1-year
extension of a grant under subparagraph (A), shall
receive through the grant, for fiscal year 1999, an
amount equivalent to the amount the State received for
fiscal year 1998 under section 103 of the Technology-
Related Assistance for Individuals With Disabilities
Act of 1988, from funds appropriated under section
107(a) and reserved under clause (i) of subparagraph
(A), (B), or (C) of section 107(b)(1) for grants under
this section.
(2) Challenge grants.--For fiscal year 2000, any State
eligible to receive funds under this section may elect to meet
the requirements of and receive funds under section 102 instead
of meeting the requirements of and receiving funds under this
section. No State may receive funds under this section and
section 102 for a fiscal year.
SEC. 102. STATE CHALLENGE GRANTS.
(a) Grants to States.--The Secretary shall award grants to States
to assist the States in maintaining and improving comprehensive
statewide programs of technology-related assistance for individuals
with disabilities in accordance with the provisions of this section.
The Secretary shall provide assistance through such a grant to a State
for 5 years.
(b) Use of Funds.--
(1) In general.--A State that receives a grant under this
section shall use the funds made available through the grant to
accomplish the purposes described in section 2(b)(1) by
carrying out activities described in this subsection, based on
an assessment of the needs for assistive technology devices and
assistive technology services of individuals with disabilities
in the State, as reported by such individuals, and through
other means. The State shall, in appropriate cases, promote,
consider, take into account, and incorporate the principles of
universal design.
(2) Mandatory activities.--
(A) Interagency coordination.--The State shall
develop and promote the adoption of policies that
improve access to assistive technology devices and
assistive technology services for individuals with
disabilities of all ages in the State and that result
in improved coordination among public and private
entities that affect the provision of assistive
technology devices and assistive technology services
for such individuals. The State shall appoint the
director of the State Assistive Technology Office
designated under subsection (d)(1)(A) or the designee
of the director, to any committee, council, or similar
organization created by the State to assist the State
in the development of the information technology policy
of the State.
(B) Assistive technology information system.--The
State shall provide for the continuation and
enhancement of a statewide information and referral
system for individuals with disabilities and providers
of services for individuals with disabilities. The
system shall include an accessible Internet site with
linkages to other appropriate sites, such as the
National Public Internet Site described in section
106(c)(1). The system shall provide for public access
to information about assistive technology devices and
assistive technology services, including information on
the evaluation of such devices and services and
entities that provide such evaluations, and funding
sources for and costs of obtaining such devices and
services.
(C) Public awareness program.--The State shall
support, in collaboration with targeted individuals,
targeted public awareness campaigns designed to provide
information to targeted individuals about the
availability, through public and private sources, and
benefits, of assistive technology devices and assistive
technology services.
(D) Capacity building and advocacy activities;
technical assistance and training.--
(i) In general.--The State shall support
capacity building and advocacy activities that
include--
(I) the development and
implementation of laws, regulations,
policies, practices, procedures, or
organizational structures that promote
access to assistive technology devices
and assistive technology services for
individuals with disabilities in
education, health care, employment, and
community living contexts, and in other
contexts such as leisure activities and
the use of telecommunications; and
(II) the training and preparation
of personnel to design, build, provide
instruction on the use of, repair, and
recycle assistive technology devices
and to provide assistive technology
services.
(ii) Targeted technical assistance and
training.--The State shall also support public
or private entities to carry out targeted
technical assistance and training activities.
(E) Outreach.--The State shall provide support to
statewide and community-based organizations that
provide assistive technology devices and assistive
technology services to individuals with disabilities or
that assist individuals with disabilities in using
assistive technology devices and assistive technology
services, including a focus on organizations assisting
individuals from underrepresented populations and rural
populations. Such support may include outreach to
consumer organizations and groups in the State to
coordinate efforts (including self-help, support group
activities, and peer mentoring) to assist individuals
with disabilities of all ages and their family members,
guardians, advocates, or authorized representatives, to
obtain funding for, access to, and information on
evaluation of assistive technology devices and
assistive technology services.
(3) Discretionary activities.--A State that receives a
grant under this section may use the funds made available
through the grant to carry out additional activities that were
authorized under the Technology-Related Assistance for
Individuals With Disabilities Act of 1988, or other activities
identified by the Secretary or the State, to which the
Secretary gives approval.
(c) Amount of Financial Assistance.--
(1) Grants to outlying areas.--From the funds appropriated
under section 107(a) and reserved under clause (i) of
subparagraph (A), (B), or (C) of section 107(b)(1) for any
fiscal year for grants under this section, the Secretary shall
make a grant in an amount of not more than $105,000 to each
eligible outlying area.
(2) Grants to states.--From the funds described in
paragraph (1) that are not used to make grants under paragraph
(1), the Secretary shall make grants to States from allotments
made in accordance with the requirements described in paragraph
(3).
(3) Allotments.--From the funds described in paragraph (1)
that are not used to make grants under paragraph (1)--
(A) the Secretary shall allot $500,000 to each
State; and
(B) from the remainder of the funds--
(i) the Secretary shall allot to each State
an amount that bears the same ratio to 80
percent of the remainder as the population of
the State bears to the population of all
States; and
(ii) the Secretary shall allot to each
State with a population density that is not
more than 10 percent greater than the
population density of the United States
(according to the most recently available
census data) an equal share from 20 percent of
the remainder.
(d) State Technology Plan.--Any State that desires to receive a
grant under this section shall submit to the Secretary a plan, at such
time, in such manner, and for such period as the Secretary may specify,
that contains the following information and assurances:
(1) Designation of public agency and state assistive
technology office.--
(A) In general.--Information identifying, and a
description of, the public agency designated by the
Governor to control and administer the funds made
available through the grant awarded to the State under
this section, and information identifying the entity
designated by the Governor to be the State Assistive
Technology Office (which shall carry out State
activities under this section), if such entity is
different than the designated public agency. In
designating the entity to be the State Assistive
Technology Office, the Governor may designate--
(i) a commission, council, or other
official body appointed by the Governor;
(ii) a public-private partnership or
consortium;
(iii) a public agency, including the
immediate office of the Governor of the State,
a State oversight office, a State agency, a
public institution of higher education, a
university-affiliated program, or another
public entity;
(iv) a council established under Federal or
State law; or
(v) another appropriate office, agency,
entity, or individual.
(B) Expertise, experience, and ability of state
assistive technology office.--A description
demonstrating that the entity designated as the State
Assistive Technology Office has the expertise,
experience, and ability to--
(i) provide leadership in developing State
policy related to assistive technology,
including policy relating to the procurement of
accessible electronic and information
technology by State agencies and the
incorporation of principles of universal design
in the State infrastructure;
(ii) respond to assistive technology needs
of individuals with disabilities with the full
range of disabilities and of all ages;
(iii) promote availability throughout the
State of assistive technology devices and
assistive technology services;
(iv) promote and implement system
improvement and policy advocacy activities
pertaining to assistive technology devices and
assistive technology services;
(v) work proactively and collaboratively
with State agencies and private entities
involved in funding and delivering assistive
technology devices and assistive technology
services;
(vi) provide technical assistance for
capacity building and advocacy activities and
training relating to assistive technology
devices and assistive technology services, and
enhancement of access to funding for assistive
technology, across all State agencies;
(vii) promote and develop public-private
partnerships related to assistive technology
devices and assistive technology services;
(viii) exercise leadership in identifying
and responding to the technology needs of
individuals with disabilities and their family
members, guardians, advocates, and authorized
representatives; and
(ix) promote consumer confidence,
responsiveness, and advocacy related to
assistive technology devices and assistive
technology services.
(2) Involvement of entities and targeted individuals in the
development of the plan and implementation of the activities.--
(A) Entities.--A description of how various public
and private entities were involved in the development
of the plan and will be involved in the planned
implementation of the activities to be carried out
under the grant, including a description of the nature
and extent of each type of involvement.
(B) Targeted individuals.--A description of how
targeted individuals, especially individuals with
disabilities who use assistive technology, were
involved in the development of the plan and will be
involved in the planned implementation of the
activities, including a description of the nature and
extent of each type of involvement.
(3) Advisory group.--A description of an advisory group of
targeted individuals, a majority of whom are individuals with
disabilities and parents of such individuals, who will assist
the State Assistive Technology Office in identifying the unmet
assistive technology needs of individuals with disabilities and
assist the Office in deciding how the assistive technology
needs of such individuals will be addressed by the State.
(4) Needs assessment.--A description and the results of a
needs assessment from which the goals described in paragraph
(7) were derived.
(5) State resources.--A description of State resources and
other resources that are available to commit to the maintenance
of the comprehensive statewide program of technology-related
assistance.
(6) Electronic and information technology.--An assurance
that the State, and any recipient of funds made available to
the State under this section, not later than fiscal year 2001,
will have procurement policies and procedures in effect that
are consistent with the objectives, complaint procedures, and
standards of section 508 of the Rehabilitation Act of 1973.
(7) Goals and activities.--
(A) In general.--A description of--
(i) the goals the State has set, for
addressing the assistive technology needs of
individuals with disabilities in the State,
including any goals related to--
(I) health care;
(II) education;
(III) employment, including goals
involving the State vocational
rehabilitation program carried out
under title I of the Rehabilitation Act
of 1973;
(IV) telecommunication and
information technology; or
(V) community living, including
participation in recreation; and
(ii) the activities the State will
undertake to achieve such goals, in accordance
with the requirements of subsection (b).
(B) Measures of goal achievement.--A description of
how the State will measure whether the goals set by the
State have been achieved.
(C) Involvement of individuals with disabilities of
all ages and their families.--A description of how
individuals with disabilities of all ages and their
families--
(i) were involved in selecting--
(I) the goals;
(II) the activities to be
undertaken in achieving the goals; and
(III) the measures to be used in
judging if the goals have been
achieved; and
(ii) will be involved in measuring whether
the goals have been achieved.
(8) Annual assessment.--An assurance that the State will
conduct an annual assessment of the comprehensive statewide
program of technology-related assistance, in order to
determine--
(A) the extent to which the goals described in
paragraph (7) have been achieved; and
(B) the areas of need that require attention in the
next year.
(9) Data collection.--A description of the data collection
system used for compiling information on the program, which
shall be consistent with any standardized data collection
requirements specified by the Secretary.
(10) Use of grant funds.--An assurance that funds received
through the grant will be expended in accordance with the
provisions of this section and of the State technology plan.
(11) Supplement other funds.--An assurance that funds
received through the grant--
(A) will be used to supplement, and not supplant,
funds available from other sources for technology-
related assistance, including the provision of
assistive technology devices and assistive technology
services; and
(B) will not be used to pay a financial obligation
for technology-related assistance (including the
provision of assistive technology devices or assistive
technology services) that would have been paid with
amounts available from other sources if funds made
available through the grant had not been available.
(12) Control of funds and property.--An assurance that--
(A) the designated public agency shall control and
administer funds made available through the grant;
(B) the designated public agency shall hold title
to and administer property purchased with such funds;
and
(C) an individual with a disability may control and
use such property.
(13) Reports.--An assurance that the State will--
(A) prepare reports to the Secretary at such time,
in such manner, and containing such information as the
Secretary may require to carry out the functions of the
Secretary under this section or section 105; and
(B) keep such records and allow access to such
records as the Secretary may require to ensure the
correctness and verification of information provided to
the Secretary under this paragraph.
(14) Commingling of funds.--
(A) In general.--An assurance that funds received
through the grant will not be commingled with State or
other funds.
(B) Construction.--Subparagraph (A) shall not be
construed to prevent, subject to such requirements as
the Secretary may establish concerning documentation
satisfactory to the Secretary, pooling of funds
received through the grant with other public or private
funds to achieve a goal specified in the grant
application involved, as approved by the Secretary.
(15) Fiscal control and accounting procedures.--An
assurance that the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure proper
disbursement of and accounting for funds received through the
grant.
(16) Availability of information.--An assurance that the
State will make available to individuals with disabilities and
their family members, guardians, advocates, or authorized
representatives information concerning technology-related
assistance in a form that will allow such persons to
effectively use such information.
(17) Authority to use funds.--An assurance that the State
Assistive Technology Office will have the authority to use
funds made available through a grant awarded under this
section.
(18) Training activities.--An assurance that the State will
develop and implement strategies for including personnel
training regarding assistive technology within other federally
funded and State funded training initiatives to enhance the
assistive technology skills and competencies of personnel.
(19) Limit on indirect costs.--An assurance that the
percentage of the funds made available under the grant that is
used for indirect costs shall not exceed 10 percent.
(20) Coordination with state councils.--An assurance that
the State Assistive Technology Office will coordinate the
activities funded through the grant made under this section
with the activities carried out by other councils within the
State, including--
(A) any council or commission specified in the
State plan provision provided by the State in
accordance with section 101(a)(21) of the
Rehabilitation Act of 1973;
(B) the Statewide Independent Living Council
established under section 705 of the Rehabilitation Act
of 1973;
(C) the advisory panel established under section
612(a)(21) of the Individuals with Disabilities
Education Act (20 U.S.C. 1412(a)(21));
(D) the State Interagency Coordinating Council
established under section 641 of the Individuals with
Disabilities Education Act (20 U.S.C. 1441);
(E) the State Developmental Disabilities Council
established under section 124 of the Developmental
Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6024);
(F) the State mental health planning council
established under section 1914 of the Public Health
Service Act (42 U.S.C. 300x-4); and
(G) any council established under section 204,
206(g)(2)(A), or 712(a)(3)(H) of the Older Americans
Act of 1965 (42 U.S.C. 3015, 3017(g)(2)(A), or
3058g(a)(3)(H)).
(21) Other information and assurances.--Such other
information and assurances as the Secretary may reasonably
require.
(e) Progress Reports.--Each State that receives a grant under this
section shall annually prepare and submit to the Secretary a report
that documents progress in meeting the goals described in subsection
(d)(7) and maintaining a comprehensive statewide program of technology-
related assistance, including--
(1) the results of the annual assessment described in
subsection (d)(8);
(2) to the extent not addressed through the measurement and
assessment conducted under paragraph (7) or (8) of subsection
(d), a description of the capacity building and advocacy
activities carried out by the State, including a description of
any written policies and procedures that the State has
developed and implemented regarding access to, provision of,
and funding for, assistive technology devices and assistive
technology services, particularly policies and procedures
regarding access to, provision of, and funding for, such
devices and services under education (including special
education), vocational rehabilitation, and medical assistance
programs;
(3) if not addressed under paragraph (1) or (2), a
description of the degree of involvement of various State
agencies and private entities, especially agencies and entities
involved in providing health insurance and education, in the
development, implementation, and evaluation of the program,
including a description of any interagency agreements that the
State has developed and implemented regarding access to,
provision of, and funding for, assistive technology devices and
assistive technology services, such as agreements that identify
available resources for assistive technology devices and
assistive technology services and the responsibility of each
such agency or entity for paying for such devices and services;
and
(4) any other information the Secretary may reasonably
require.
SEC. 103. SUPPLEMENTARY MILLENNIUM GRANTS TO STATES FOR STATE AND LOCAL
CAPACITY BUILDING.
(a) Grants to States.--
(1) In general.--The Secretary shall award supplementary
grants, on a competitive basis--
(A) to States, to carry out 1 or more of the
targeted activities described in subsection (b) to
expand the capacity of the States to address the unmet
assistive technology needs of individuals with
disabilities; or
(B) to States, to provide funds to local entities
on a competitive basis, through subgrants or any other
mechanism, to enable each such local entity to carry
out 1 of the targeted activities described in
subsection (c) to expand the capacity of the local
entities to address the unmet needs of individuals with
disabilities for assistive technology and assistive
technology services, especially the unmet needs of
underrepresented populations.
(2) Period.--The Secretary shall award the grants for
periods of not more than 5 years.
(3) Eligible states.--To be eligible to receive a grant
under this section, a State shall have received a grant under
section 102.
(b) Statewide Capacity Building Activities.--The State may use
funds made available through a grant described in subsection (a)(1)(A)
to carry out 1 or more of the following activities:
(1) Obtaining, under State law or through other equivalent
means, the compliance of all public agencies in the State with
section 508 of the Rehabilitation Act of 1973, which shall
include establishing a mechanism for informing individuals with
disabilities of their rights with regard to such section 508,
addressing their complaints, and establishing a lead agency to
monitor and enforce compliance with such section 508.
(2) Developing and implementing, documenting, and reviewing
a plan for enhancing the participation of all individuals with
disabilities in the State, in education, employment,
transportation, and communication, and enhancing general access
of the individuals, in ways that complement and exceed the
requirements for public and private entities under the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), through--
(A) incorporating concepts of universal design in
physical structures, products, and services; or
(B) providing fiscal-related incentives to public
and private telecommunication ventures.
(3) Developing and implementing activities for
incorporating the principles of universal design in the
construction and renovation of facilities, information
technology and telecommunications, and other products and
services such as transportation.
(4) Planning and adopting State personnel standards or
professional certification procedures that apply to individuals
who, or entities that, provide assistive technology services.
(5) Conducting evaluations of assistive technology devices
and assistive technology services, including computer software,
for the purpose of evaluating and documenting the
effectiveness, benefits, and compatibility of the devices or
services with other technologies, for individuals with
disabilities.
(6) Engaging in another activity, pursuant to a priority
mechanism announced by the Secretary, that will have a
statewide impact and address the unmet assistive technology
needs of individuals with disabilities.
(c) Local Capacity Building Activities.--The State may use funds
made available through a grant described in subsection (a)(1)(B) to
provide funds to local entities that submit acceptable plans, to enable
each such local entity to carry out 1 of the following activities:
(1) Developing and implementing micro-loan and alternative
financing programs.
(2) Planning and carrying out equipment demonstrations in
community settings frequented by the public.
(3) Developing and implementing an equipment loan program
involving long-term and short-term loans.
(4) Developing and implementing an equipment recycling
program.
(5) Developing and implementing outreach activities and
training, especially empowerment training, for individuals with
disabilities, teachers and parents of individuals with
disabilities, and underserved populations.
(6) Carrying out other initiatives, including model
innovative initiatives, that meet an unmet local need related
to assistive technology.
(d) Amounts of Supplementary Grants.--
(1) Payments to states.--The Secretary shall make payments
to States and to outlying areas that successfully compete for
supplementary grants awarded under this section, in accordance
with the requirements of this section.
(2) Obligation and expenditure.--A State that receives a
grant under this section may obligate and expend the funds made
available through the grant during the period of the grant.
(3) Matching requirement.--A State that receives a grant
under this section in an amount that exceeds $250,000 shall
make available non-Federal contributions in an amount not less
than $1 for every $2 of the amount that exceeds $250,000.
(e) Applications.--Any State that desires to receive a grant under
this section shall submit to the Secretary an application, at such
time, and in such manner, as the Secretary may require, that contains
the following information and assurances:
(1) Partners.--
(A) State assistive technology office.--An
assurance that the State Assistive Technology Office
designated under section 102(d)(1)(A) participated in
the development of the application and will participate
in the implementation of the activities to be carried
out under the grant, even if the State Assistive
Technology Office is not the grant applicant under this
section.
(B) Partners.--A description of the partners of the
State involved in carrying out statewide activities
under the grant, including--
(i) the identity of each partner;
(ii) the role of each partner in the
development of the application;
(iii) the capacity of each partner to
contribute to the grant activities; and
(iv) the contribution of each partner to
the grant activities.
(2) Targeted individuals.--A description of how targeted
individuals, especially individuals with disabilities who use
assistive technology, were involved in the development of the
application and will be involved in the implementation of the
activities to be carried out under the grant.
(3) Data.--Data that affected the selection of the
activities to be carried out under the grant.
(4) Resources.--A description of State resources and other
resources that have been committed to carry out the activities.
(5) Goals and activities.--
(A) In general.--A description of--
(i) the goals the State has set for the
supplementary grant; and
(ii) the activities the State will
undertake to achieve such goals, in accordance
with the requirements of subsections (b) and
(c).
(B) Measures of goal achievement.--A description of
how the State will measure whether the goals set by the
State have been achieved.
(C) Involvement of individuals with disabilities of
all ages and their families.--A description of how
individuals with disabilities of all ages and their
families--
(i) were involved in selecting--
(I) the goals;
(II) the activities to be
undertaken in achieving the goals; and
(III) the measures to be used in
judging if the goals have been
achieved; and
(ii) will be involved in measuring whether
the goals have been achieved.
(6) Annual assessment.--An assurance that the State will
conduct an annual assessment of the activities carried out
under the grant, in order to determine--
(A) the extent to which the goals described in
paragraph (5) have been achieved; and
(B) the areas of need that require attention in the
next year.
(7) Use of funds.--An assurance that funds received through
the grant will be expended in accordance with the provisions of
this section and of the application.
(8) Supplement other funds.--An assurance that funds
received through the grant will be used to supplement, and not
supplant, funds available from other sources for any activity
carried out under the grant.
(9) Reports.--An assurance that the State will, or will
ensure that a recipient of assistance through the grant will--
(A) prepare reports to the Secretary at such time,
in such manner, and containing such information as the
Secretary may require to carry out the functions of the
Secretary under this section or section 105; and
(B) keep such records and allow access to such
records as the Secretary may require to ensure the
correctness and verification of information provided to
the Secretary under this paragraph.
(10) Commingling of funds.--
(A) In general.--An assurance that funds received
through the grant will not be commingled with State or
other funds.
(B) Construction.--Subparagraph (A) shall not be
construed to prevent, subject to such requirements as
the Secretary may establish concerning documentation
satisfactory to the Secretary, pooling of funds
received through the grant with other public or private
funds to achieve a goal specified in the grant
application involved, as approved by the Secretary.
(11) Fiscal control and accounting procedures.--An
assurance that the State will adopt, and will ensure that a
recipient of assistance through the grant will adopt, such
fiscal control and accounting procedures as may be necessary to
ensure proper disbursement of and accounting for funds received
through the grant.
(12) Authority to use funds.--An assurance that, the
partners described in paragraph (1)(B) will have the authority
to use funds made available through a grant awarded under this
section.
(13) Limit on indirect costs.--An assurance that the
percentage of the funds made available under the grant that is
used for indirect costs shall not exceed 10 percent.
(14) Other information and assurances.--Such other
information and assurances as the Secretary may reasonably
require.
(f) Submission.--
(1) Joint submission.--When a State submits the State
technology plan for the State under section 102(d), the State
may jointly submit an application described in subsection (e)
for funding activities under this section.
(2) Separate information.--In making such a joint
submission the State shall distinguish between activities to be
carried out under a grant awarded under section 102 and
activities to be carried out under a grant awarded under this
section, and include a budget that separately reflects proposed
expenditures for the 2 types of grant activities for each
fiscal year involved.
(g) Progress Reports.--Each State that receives a grant under this
section, and any other entity that receives assistance through a grant
awarded under this section, shall annually prepare and submit to the
Secretary a report that documents the progress of the State or entity
in meeting the goals described in subsection (e)(5), and any other
information the Secretary may reasonably require.
SEC. 104. STATE GRANTS FOR PROTECTION AND ADVOCACY RELATED TO ASSISTIVE
TECHNOLOGY.
(a) Grants to States.--
(1) In general.--On the appropriation of funds under
section 107, the Secretary shall make a grant to an entity in
each State to support protection and advocacy services through
the systems established to provide protection and advocacy
services under the Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6000 et seq.) for the purposes of
assisting in the acquisition, utilization, or maintenance of
assistive technology or assistive technology services for
individuals with disabilities.
(2) Certain states.--Notwithstanding paragraph (1), for a
State that, on the day before the date of enactment of this
Act, was described in section 102(f)(1) of the Technology-
Related Assistance for Individuals With Disabilities Act of
1988, the Secretary shall make the grant to the lead agency
designated under section 101(d) or the State Assistive
Technology Office designated under section 102(d)(1)(A) in that
State, whichever is appropriate. The lead agency or office
shall determine how the funds made available under this section
shall be divided among the entities that were providing
protection and advocacy services in that State on that day, and
distribute the funds to the entities. In distributing the
funds, the lead agency or office shall not establish any
further eligibility or procedural requirements for an entity in
that State that supports protection and advocacy services
through the systems established to provide protection and
advocacy services under the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.).
Such an entity shall comply with the same requirements
(including reporting and enforcement requirements) as any other
entity that receives funding under paragraph (1).
(3) Periods.--The Secretary shall provide assistance
through such a grant to a State for 6 years.
(b) Amount of Financial Assistance.--
(1) Grants to outlying areas.--From the funds appropriated
under section 107(a) and reserved under clause (ii) of
subparagraph (A), (B), or (C) of section 107(b)(1) for any
fiscal year, the Secretary shall make a grant in an amount of
not more than $30,000 to each eligible system within an
outlying area.
(2) Grants to states.--For any fiscal year, after reserving
funds to make grants under paragraph (1), the Secretary shall
make allotments from the remainder of the funds described in
paragraph (1) in accordance with paragraph (3) to eligible
systems within States to support protection and advocacy
services as described in subsection (a). The Secretary shall
make grants to the eligible systems from the allotments.
(3) Systems within states.--
(A) Population basis.--Except as provided in
subparagraph (B), from such remainder for each fiscal
year, the Secretary shall make an allotment to the
eligible system within a State of an amount bearing the
same ratio to such remainder as the population of the
State bears to the population of all States.
(B) Minimums.--Subject to the availability of
appropriations to carry out this section, the allotment
to any system under subparagraph (A) shall be not less
than $50,000, and the allotment to any system under
this paragraph for any fiscal year that is less than
$50,000 shall be increased to $50,000.
(4) Adjustment for inflation.--For any fiscal year,
beginning in fiscal year 2000, in which the total amount
appropriated and reserved as described in paragraph (1) exceeds
the total amount so appropriated and reserved for the preceding
fiscal year, the Secretary shall increase each of the minimum
allotments under paragraph (3)(B) by a percentage that shall
not exceed the percentage increase in the total amount so
appropriated and reserved between the preceding fiscal year and
the fiscal year involved.
(5) Proportional reduction.--To provide minimum allotments
to systems within States (as increased under paragraph (4))
under paragraph (3)(B), the Secretary shall proportionately
reduce the allotments of the remaining systems within States
under paragraph (3), with such adjustments as may be necessary
to prevent the allotment of any such remaining system within a
State from being reduced to less than the minimum allotment for
a system within a State (as increased under paragraph (4))
under paragraph (3)(B).
(6) Reallotment.--Whenever the Secretary determines that
any amount of an allotment under paragraph (3) to a system
within a State for any fiscal year will not be expended by such
system in carrying out the provisions of this section, the
Secretary shall make such amount available for carrying out the
provisions of this section to 1 or more of the systems that the
Secretary determines will be able to use additional amounts
during such year for carrying out such provisions. Any amount
made available to a system for any fiscal year pursuant to the
preceding sentence shall, for the purposes of this section, be
regarded as an increase in the allotment of the system (as
determined under the preceding provisions of this section) for
such year.
(c) Report to Secretary.--An entity that receives a grant under
this section shall annually prepare and submit to the Secretary a
report that contains such information as the Secretary may require,
including documentation of the progress of the entity in--
(1) conducting consumer-responsive activities, including
activities that will lead to increased access, for individuals
with disabilities, to funding for assistive technology devices
and assistive technology services;
(2) engaging in informal advocacy to assist in securing
assistive technology and assistive technology services for
individuals with disabilities;
(3) engaging in formal representation for individuals with
disabilities to secure systems change, and in advocacy
activities to secure assistive technology and assistive
technology services for individuals with disabilities;
(4) developing and implementing strategies to enhance the
long-term abilities of individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives to advocate the provision of assistive
technology devices and assistive technology services to which
the individuals with disabilities are entitled under law other
than this Act; and
(5) coordinating activities with protection and advocacy
services funded through sources other than this title, and
coordinating activities with the capacity building and advocacy
activities carried out by the lead agency or State Assistive
Technology Office, as appropriate.
(d) Reports and Updates to State Agencies.--An entity that receives
a grant under this section shall prepare and submit to the State
Assistive Technology Office the report described in subsection (c) and
quarterly updates concerning the activities described in subsection
(c).
(e) Coordination.--On making a grant under this section to an
entity in a State, the Secretary shall solicit and consider the
opinions of the lead agency of the State designated under section
101(d), or the State Assistive Technology Office, whichever is
appropriate, with respect to efforts at coordination, collaboration,
and promoting outcomes between the lead agency or the State Assistive
Technology Office, as appropriate, and the entity that receives the
grant under this section.
SEC. 105. ADMINISTRATIVE PROVISIONS.
(a) Review of Participating Entities.--
(1) In general.--The Secretary shall assess the extent to
which entities that receive grants pursuant to this title are
complying with the applicable requirements of this title and
achieving the goals that are consistent with the requirements
of the grant programs under which the entities applied for the
grants.
(2) Onsite visits of states receiving certain grants.--
(A) In general.--The Secretary shall conduct an
onsite visit--
(i) for each State that receives a grant
under section 101 and that would have been in
the third or fourth year of a second extension
grant under the Technology-Related Assistance
for Individuals With Disabilities Act of 1988
if that Act had been reauthorized for that
fiscal year, prior to the end of that year; and
(ii) for each State that receives a grant
under section 102, prior to the end of the
fourth year of that grant.
(B) Unnecessary visits.--The Secretary shall not be
required to conduct a visit of a State described in
clause (i) or (ii) of subparagraph (A) if the Secretary
determines that the visit is not necessary to assess
whether the State is making significant progress toward
development and implementation of a comprehensive
statewide program of technology-related assistance.
(3) Advance public notice.--The Secretary shall provide
advance public notice of an onsite visit conducted under
paragraph (2) and solicit public comment through such notice
from targeted individuals, regarding State goals and related
activities to achieve such goals funded through a grant made
under section 101 or 102, as appropriate.
(4) Minimum requirements.--At a minimum, the visit shall
allow the Secretary to determine the extent to which the State
is making progress in meeting State goals and maintaining a
comprehensive statewide program of technology-related
assistance consistent with the purposes described in section
2(b)(1).
(5) Provision of information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information.
(b) Corrective Action and Sanctions.--
(1) Corrective action.--If the Secretary determines that an
entity fails to substantially comply with the requirements of
this title with respect to a grant program, the Secretary shall
assist the entity through a technical assistance center funded
under section 106 or other means, within 90 days after such
determination, to develop a corrective action plan.
(2) Sanctions.--An entity that fails to develop and comply
with a corrective action plan as described in paragraph (1)
during a fiscal year shall be subject to 1 of the following
corrective actions selected by the Secretary:
(A) Partial or complete fund termination under the
grant program.
(B) Ineligibility to participate in the grant
program in the following year.
(C) Reduction in funding for the following year
under the grant program.
(D) Required redesignation of the lead agency
designated under section 101(d) or an entity
responsible for administering the grant program.
(3) Appeals procedures.--The Secretary shall establish
appeals procedures for entities that are found to be in
noncompliance with the requirements of this title.
(c) Annual Report.--
(1) In general.--Not later than December 31 of each year,
the Secretary shall prepare, and submit to the President and to
Congress, a report on the activities funded under this Act, to
improve the access of individuals with disabilities to
assistive technology devices and assistive technology services.
(2) Contents.--Such report shall include information on--
(A) the demonstrated successes of the funded
activities in improving interagency coordination
relating to assistive technology, streamlining access
to funding for assistive technology, and producing
beneficial outcomes for users of assistive technology;
(B) the demonstration activities carried out
through the funded activities to--
(i) promote access to such funding in
public programs that were in existence on the
date of the initiation of the demonstration
activities; and
(ii) establish additional options for
obtaining such funding;
(C) the education and training activities carried
out through the funded activities to educate and train
targeted individuals about assistive technology,
including increasing awareness of funding through
public programs for assistive technology;
(D) the research activities carried out through the
funded activities to improve understanding of the costs
and benefits of access to assistive technology for
individuals with disabilities who represent a variety
of ages and types of disabilities;
(E) the program outreach activities to rural and
inner-city areas that are carried out through the
funded activities;
(F) the activities carried out through the funded
activities that are targeted to reach underrepresented
populations and rural populations; and
(G) the consumer involvement activities carried out
through the funded activities.
(3) Availability of assistive technology devices and
assistive technology services.--As soon as practicable, the
Secretary shall include in the annual report required by this
subsection information on the availability of assistive
technology devices and assistive technology services. If the
Secretary develops an assistive technology taxonomy under
section 216, after the date of the development the Secretary
shall present such information in the report in a manner
consistent with such taxonomy.
(d) Effect on Other Assistance.--This title may not be construed as
authorizing a Federal or a State agency to reduce medical or other
assistance available, or to alter eligibility for a benefit or service,
under any other Federal law.
SEC. 106. TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--Through grants, contracts, or cooperative
agreements, awarded on a competitive basis, the Secretary is authorized
to fund a technical assistance program to provide technical assistance
to entities, principally entities funded under any of sections 101
through 104.
(b) Input.--In designing the program to be funded under this
section, and in deciding the differences in function between national
and regionally based technical assistance efforts carried out through
the program, the Secretary shall consider the input of the directors of
comprehensive statewide programs of technology-related assistance and
other individuals the Secretary determines to be appropriate,
especially--
(1) individuals with disabilities who use assistive
technology and understand the barriers to the acquisition of
such technology and assistive technology services;
(2) family members, guardians, advocates, and authorized
representatives of such individuals; and
(3) individuals employed by protection and advocacy systems
funded under section 104.
(c) Scope of Technical Assistance.--
(1) National public internet site.--
(A) Establishment of internet site.--The Secretary
shall fund the establishment and maintenance of a
National Public Internet Site for the purposes of
providing to individuals with disabilities and the
general public technical assistance and information on
increased access to assistive technology devices,
assistive technology services, and other disability-
related resources.
(B) Eligible entity.--To be eligible to receive a
grant or enter into a contract or cooperative agreement
under subsection (a) to establish and maintain the
Internet site, an entity shall be an institution of
higher education that emphasizes research and
engineering, has a multidisciplinary research center,
and has demonstrated expertise in--
(i) working with assistive technology and
intelligent agent interactive information
dissemination systems;
(ii) managing libraries of assistive
technology and disability-related resources;
(iii) delivering education, information,
and referral services to individuals with
disabilities, including technology-based
curriculum development services for adults with
low-level reading skills;
(iv) developing cooperative partnerships
with the private sector, particularly with
private sector computer software, hardware, and
Internet services entities; and
(v) developing and designing advanced
Internet sites.
(C) Features of internet site.--The National Public
Internet Site described in subparagraph (A) shall
contain the following features:
(i) Availability of information at any
time.--The site shall be designed so that any
member of the public may obtain information
posted on the site at any time.
(ii) Innovative automated intelligent
agent.--The site shall be constructed with an
innovative automated intelligent agent that is
a diagnostic tool for assisting users in
problem definition and the selection of
appropriate assistive technology devices and
assistive technology services resources.
(iii) Resources.--
(I) Library on assistive
technology.--The site shall include
access to a comprehensive working
library on assistive technology for all
environments, including home,
workplace, transportation, and other
environments.
(II) Resources for a number of
disabilities.--The site shall include
resources relating to the largest
possible number of disabilities,
including resources relating to low-
level reading skills.
(iv) Links to private sector resources and
information.--To the extent feasible, the site
shall be linked to relevant private sector
resources and information, under agreements
developed between the institution of higher
education and cooperating private sector
entities.
(D) Minimum library components.--At a minimum, the
Internet site shall maintain updated information on--
(i) how to plan, develop, implement, and
evaluate activities to further extend
comprehensive statewide programs of technology-
related assistance, including the development
and replication of effective approaches to--
(I) providing information and
referral services;
(II) promoting interagency
coordination of training and service
delivery among public and private
entities;
(III) conducting outreach to
underrepresented populations and rural
populations;
(IV) mounting successful public
awareness activities;
(V) improving capacity building in
service delivery;
(VI) training personnel from a
variety of disciplines; and
(VII) improving evaluation
strategies, research, and data
collection;
(ii) effective approaches to the
development of consumer-controlled systems that
increase access to, funding for, and awareness
of, assistive technology devices and assistive
technology services;
(iii) successful approaches to increasing
the availability of public and private funding
for and access to the provision of assistive
technology devices and assistive technology
services by appropriate State agencies; and
(iv) demonstration sites where individuals
may try out assistive technology.
(2) Technical assistance efforts.--In carrying out the
technical assistance program, taking into account the input
required under subsection (b), the Secretary shall ensure that
entities--
(A) address State-specific information requests
concerning assistive technology from other entities
funded under this title and public entities not funded
under this title, including--
(i) requests for state-of-the-art, or
model, Federal, State, and local laws,
regulations, policies, practices, procedures,
and organizational structures, that facilitate,
and overcome barriers to, funding for, and
access to, assistive technology devices and
assistive technology services;
(ii) requests for examples of policies,
practices, procedures, regulations,
administrative hearing decisions, or legal
actions, that have enhanced or may enhance
access to funding for assistive technology
devices and assistive technology services for
individuals with disabilities;
(iii) requests for information on effective
approaches to Federal-State coordination of
programs for individuals with disabilities,
related to improving funding for or access to
assistive technology devices and assistive
technology services for individuals with
disabilities of all ages;
(iv) requests for information on effective
approaches to the development of consumer-
controlled systems that increase access to,
funding for, and awareness of, assistive
technology devices and assistive technology
services, including information on the
identification and description of mechanisms
and means that successfully support self-help
and peer mentoring groups for individuals with
disabilities;
(v) other requests for technical assistance
from other entities funded under this title and
public entities not funded under this title;
and
(vi) other assignments specified by the
Secretary, including assisting entities
described in section 105(b) to develop
corrective action plans; and
(B) assist targeted individuals by disseminating
information about--
(i) Federal, State, and local laws,
regulations, policies, practices, procedures,
and organizational structures, that facilitate,
and overcome barriers to, funding for, and
access to, assistive technology devices and
assistive technology services, to promote
fuller independence, productivity, and
inclusion in society for individuals with
disabilities of all ages; and
(ii) technical assistance activities
undertaken under subparagraph (A).
(d) Eligible Entities.--To be eligible to compete for grants,
contracts, and cooperative agreements under this section, entities
shall have documented experience with and expertise in assistive
technology service delivery or systems, interagency coordination, and
capacity building and advocacy activities.
(e) Application.--To be eligible to receive a grant, contract, or
cooperative agreement under this section, an entity shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title $36,000,000 for fiscal year 1999 and such sums as may be
necessary for fiscal years 2000 through 2004.
(b) Reservations of Funds.--
(1) In general.--Except as provided in paragraphs (2)
through (4)--
(A) if the amount appropriated under subsection (a)
for a fiscal year is less than $33,000,000--
(i) 87.5 percent of the amount shall be
reserved to fund grants under sections 101 and
102;
(ii) 7.9 percent shall be reserved to fund
grants under section 104; and
(iii) 4.6 percent shall be reserved for
activities funded under section 106;
(B) if the amount appropriated under subsection (a)
for a fiscal year is not less than $33,000,000 and is
less than $36,000,000--
(i) 85 percent of the amount shall be
reserved to fund grants under sections 101 and
102;
(ii) 11 percent shall be reserved to fund
grants under section 104; and
(iii) 4 percent shall be reserved for
activities funded under section 106; and
(C) if the amount appropriated under subsection (a)
for a fiscal year is not less than $36,000,000--
(i) 80 percent of the amount shall be
reserved to fund grants under sections 101,
102, and (to the extent provided in paragraph
(2)) 103;
(ii) 15 percent shall be reserved to fund
grants under section 104; and
(iii) 5 percent shall be reserved for
activities funded under section 106.
(2) Condition applicable to supplementary grants.--
Beginning in fiscal year 2000, if the amount appropriated under
subsection (a) for a fiscal year is not less than $40,000,000,
the Secretary may reserve not more than 5 percent of the amount
to fund grants under section 103.
(3) Reservation for continuation of technical assistance
initiatives.--For fiscal year 1999, the Secretary may use funds
reserved under clause (iii) of subparagraph (A), (B), or (C) of
paragraph (1) to continue funding technical assistance
initiatives that were funded in fiscal year 1998 under the
Technology-Related Assistance for Individuals With Disabilities
Act of 1988.
(4) Reservation for onsite visits.--The Secretary may
reserve, from the amount appropriated under subsection (a) for
any fiscal year, such sums as the Secretary considers to be
necessary for the purposes of conducting onsite visits as
required by section 105(a)(2).
TITLE II--NATIONAL ACTIVITIES
Subtitle A--Rehabilitation Act of 1973
SEC. 201. COORDINATION OF FEDERAL RESEARCH EFFORTS.
Section 203 of the Rehabilitation Act of 1973 (as amended by
section 405 of the Workforce Investment Act of 1988) is amended--
(1) in subsection (a)(1), by inserting after ``programs,''
insert ``including programs relating to assistive technology
research and research that incorporates the principles of
universal design,'';
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``After
receiving'';
(B) by striking ``from individuals with
disabilities and the individuals' representatives'' and
inserting ``from targeted individuals'';
(C) by inserting after ``research'' the following:
(including assistive technology research and research
that incorporates the principles of universal
design)''; and
(D) by adding at the end the following:
``(2) In carrying out its duties with respect to the conduct of
Federal research (including assistive technology research and research
that incorporates the principles of universal design) related to
rehabilitation of individuals with disabilities, the Committee shall--
``(A) share information regarding the range of assistive
technology research, and research that incorporates the
principles of universal design, that is being carried out by
members of the Committee and other Federal departments and
organizations;
``(B) identify, and make efforts to address, gaps in
assistive technology research and research that incorporates
the principles of universal design that are not being
adequately addressed;
``(C) identify, and establish, clear research priorities
related to assistive technology research and research that
incorporates the principles of universal design for the Federal
Government;
``(D) promote interagency collaboration and joint research
activities relating to assistive technology research and
research that incorporates the principles of universal design
at the Federal level, and reduce unnecessary duplication of
effort regarding these types of research within the Federal
Government; and
``(E) optimize the productivity of Committee members
through resource sharing and other cost-saving activities,
related to assistive technology research and research that
incorporates the principles of universal design.'';
(3) by striking subsection (c) and inserting the following:
``(c) Not later than December 31 of each year, the Committee shall
prepare and submit, to the President and to the Committee on Education
and the Workforce of the House of Representatives and the Committee on
Labor and Human Resources of the Senate, a report that--
``(1) describes the progress of the Committee in fulfilling
the duties described in subsection (b);
``(2) makes such recommendations as the Committee
determines to be appropriate with respect to coordination of
policy and development of objectives and priorities for all
Federal programs relating to the conduct of research (including
assistive technology research and research that incorporates
the principles of universal design) related to rehabilitation
of individuals with disabilities; and
``(3) describes the activities that the Committee
recommended to be funded through grants, contracts, cooperative
agreements, and other mechanisms, for assistive technology
research and development and research and development that
incorporates the principles of universal design.''; and
(4) by adding at the end the following:
``(d)(1) In order to promote coordination and cooperation among
Federal departments and agencies conducting assistive technology
research programs, to reduce duplication of effort among the programs,
and to increase the availability of assistive technology for
individuals with disabilities, the Committee may recommend activities
to be funded through grants, contracts or cooperative agreements, or
other mechanisms--
``(A) in joint research projects for assistive technology
research and research that incorporates the principles of
universal design; and
``(B) in other programs designed to promote a cohesive,
strategic Federal program of research described in subparagraph
(A).
``(2) The projects and programs described in paragraph (1) shall be
jointly administered by at least 2 agencies or departments with
representatives on the Committee.
``(3) In recommending activities to be funded in the projects and
programs, the Committee shall obtain input from targeted individuals,
and other organizations and individuals the Committee determines to be
appropriate, concerning the availability and potential of technology
for individuals with disabilities.
``(e) In this section, the terms `assistive technology', `targeted
individuals', and `universal design' have the meanings given the terms
in section 3 of the Assistive Technology Act of 1998.''.
SEC. 202. NATIONAL COUNCIL ON DISABILITY.
Section 401 of the Rehabilitation Act of 1973 (as amended by
section 407 of the Workforce Investment Act of 1998) is amended by
adding at the end the following:
``(c)(1) Not later than December 31, 1999, the Council shall
prepare a report describing the barriers in Federal assistive
technology policy to increasing the availability of and access to
assistive technology devices and assistive technology services for
individuals with disabilities.
``(2) In preparing the report, the Council shall obtain input from
the National Institute on Disability and Rehabilitation Research and
the Association of Tech Act Projects, and from targeted individuals, as
defined in section 3 of the Assistive Technology Act of 1998.
``(3) The Council shall submit the report, along with such
recommendations as the Council determines to be appropriate, to the
Committee on Labor and Human Resources of the Senate and the Committee
on Education and the Workforce of the House of Representatives.''.
SEC. 203. ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD.
(a) In General.--Section 502 of the Rehabilitation Act of 1973 (29
U.S.C. 792) is amended--
(1) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively;
(2) by inserting after subsection (c) the following:
``(d) Beginning in fiscal year 2000, the Access Board, after
consultation with the Secretary, representatives of such public and
private entities as the Access Board determines to be appropriate
(including the electronic and information technology industry),
targeted individuals (as defined in section 3 of the Assistive
Technology Act of 1998), and State information technology officers,
shall provide training for Federal and State employees on any
obligations related to section 508 of the Rehabilitation Act of
1973.''; and
(3) in the second sentence of paragraph (1) of subsection
(e) (as redesignated in paragraph (1)), by striking
``subsection (e)'' and inserting ``subsection (f)''.
(b) Conforming Amendment.--Section 506(c) of the Rehabilitation Act
of 1973 (29 U.S.C. 794(c)) is amended by striking ``section 502(h)(1)''
and inserting ``section 502(i)(1)''.
Subtitle B--Other National Activities
SEC. 211. SMALL BUSINESS INCENTIVES.
(a) Definition.--In this section, the term ``small business'' means
a small-business concern, as described in section 3(a) of the Small
Business Act (15 U.S.C. 632(a)).
(b) Contracts for Design, Development, and Marketing.--
(1) In general.--The Secretary may enter into contracts
with small businesses, to assist such businesses to design,
develop, and market assistive technology devices or assistive
technology services. In entering into the contracts, the
Secretary may give preference to businesses owned or operated
by individuals with disabilities.
(2) Small business innovative research program.--Contracts
entered into pursuant to paragraph (1) shall be administered in
accordance with the contract administration requirements
applicable to the Department of Education under the Small
Business Innovative Research Program, as described in section
9(g) of the Small Business Act (15 U.S.C. 638(g)). Contracts
entered into pursuant to paragraph (1) shall not be included in
the calculation of the required expenditures of the Department
under section 9(f) of such Act (15 U.S.C. 638(f)).
(c) Grants for Evaluation and Dissemination of Information on
Effects of Technology Transfer.--The Secretary may make grants to small
businesses to enable such businesses--
(1) to work with any entity funded by the Secretary to
evaluate and disseminate information on the effects of
technology transfer on the lives of individuals with
disabilities;
(2) to benefit from the experience and expertise of such
entities, in conducting such evaluation and dissemination; and
(3) to utilize any technology transfer and market research
services such entities provide, to bring new assistive
technology devices and assistive technology services into
commerce.
SEC. 212. TECHNOLOGY TRANSFER AND UNIVERSAL DESIGN.
(a) In General.--The Director of the National Institute on
Disability and Rehabilitation Research may collaborate with the Federal
Laboratory Consortium for Technology Transfer established under section
11(e) of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710(e)), to promote technology transfer that will further
development of assistive technology and products that incorporate the
principles of universal design.
(b) Collaboration.--In promoting the technology transfer, the
Director and the Consortium described in subsection (a) may
collaborate--
(1) to enable the National Institute on Disability and
Rehabilitation Research to work more effectively with the
Consortium, and to enable the Consortium to fulfill the
responsibilities of the Consortium to assist Federal agencies
with technology transfer under the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq);
(2) to increase the awareness of staff members of the
Federal Laboratories regarding assistive technology issues and
the principles of universal design;
(3) to compile a compendium of current and projected
Federal Laboratory technologies and projects that have or will
have an intended or recognized impact on the available range of
assistive technology for individuals with disabilities,
including technologies and projects that incorporate the
principles of universal design, as appropriate;
(4) to develop strategies for applying developments in
assistive technology and universal design to mainstream
technology, to improve economies of scale and commercial
incentives for assistive technology; and
(5) to cultivate developments in assistive technology and
universal design through demonstration projects and
evaluations, conducted with assistive technology professionals
and potential users of assistive technology.
(c) Grants, Contracts, and Cooperative Agreements.--The Secretary
may make grants to or enter into contracts or cooperative agreements
with commercial, nonprofit, or other organizations, including
institutions of higher education, to facilitate interaction with the
Consortium to achieve the objectives of this section.
(d) Responsibilities of Consortium.--Section 11(e)(1) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710(e)(1)) is amended--
(1) in subparagraph (I), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (J), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(K) work with the Director of the National Institute on
Disability and Rehabilitation Research to compile a compendium
of current and projected Federal Laboratory technologies and
projects that have or will have an intended or recognized
impact on the available range of assistive technology for
individuals with disabilities (as defined in section 3 of the
Assistive Technology Act of 1998), including technologies and
projects that incorporate the principles of universal design
(as defined in section 3 of such Act), as appropriate.''.
SEC. 213. UNIVERSAL DESIGN IN PRODUCTS AND THE BUILT ENVIRONMENT.
The Secretary may make grants to commercial or other enterprises
and institutions of higher education for the research and development
of universal design concepts for products (including information
technology) and the built environment. In making such grants, the
Secretary shall give preference to enterprises and institutions that
are owned or operated by individuals with disabilities. The Secretary
shall define the term ``built environment'' for purposes of this
section.
SEC. 214. OUTREACH.
(a) Assistive Technology in Rural or Impoverished Urban Areas.--The
Secretary may make grants, enter into cooperative agreements, or
provide financial assistance through other mechanisms, for projects
designed to increase the availability of assistive technology for rural
and impoverished urban populations, by determining the unmet assistive
technology needs of such populations, and designing and implementing
programs to meet such needs.
(b) Assistive Technology for Children and Older Individuals.--The
Secretary may make grants, enter into cooperative agreements, or
provide financial assistance through other mechanisms, for projects
designed to increase the availability of assistive technology for
populations of children and older individuals, by determining the unmet
assistive technology needs of such populations, and designing and
implementing programs to meet such needs.
SEC. 215. TRAINING PERTAINING TO REHABILITATION ENGINEERS AND
TECHNICIANS.
(a) Grants and Contracts.--The Secretary shall make grants, or
enter into contracts with, public and private agencies and
organizations, including institutions of higher education, to help
prepare students, including students preparing to be rehabilitation
technicians, and faculty working in the field of rehabilitation
engineering, for careers related to the provision of assistive
technology devices and assistive technology services.
(b) Activities.--An agency or organization that receives a grant or
contract under subsection (a) may use the funds made available through
the grant or contract--
(1) to provide training programs for individuals employed
or seeking employment in the field of rehabilitation
engineering, including postsecondary education programs;
(2) to provide workshops, seminars, and conferences
concerning rehabilitation engineering that relate to the use of
assistive technology devices and assistive technology services
to improve the lives of individuals with disabilities; and
(3) to design, develop, and disseminate curricular
materials to be used in the training programs, workshops,
seminars, and conferences described in paragraphs (1) and (2).
SEC. 216. ASSISTIVE TECHNOLOGY TAXONOMY.
(a) Study.--The Secretary may, directly or (if necessary) by
entering into contracts or cooperative agreements with appropriate
entities, conduct a study to determine the benefits of and obstacles to
implementing throughout the Federal Government a single assistive
technology taxonomy developed by the Secretary.
(b) Report.--Not later than December 31, 1999, the Secretary shall
prepare and submit to the Committee on Education and the Workforce of
the House of Representatives and the Committee on Labor and Human
Resources of the Senate a report that contains information detailing
the benefits and obstacles described in subsection (a) and that
contains such policy recommendations as the Secretary determines to be
appropriate.
SEC. 217. PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH
DISABILITIES.
(a) Programs.--The President's Committee on Employment of People
With Disabilities (referred to in this section as ``the Committee'')
may design, develop, and implement programs to increase the voluntary
participation of the private sector in making information technology
accessible to individuals with disabilities, including increasing the
involvement of individuals with disabilities in the design,
development, and manufacturing of information technology.
(b) Activities.--The Committee may carry out activities through the
programs that may include--
(1) the development and coordination of a task force,
which--
(A) shall develop and disseminate information on
voluntary best practices for universal accessibility in
information technology; and
(B) shall consist of members of the public and
private sectors, including--
(i) representatives of organizations
representing individuals with disabilities; and
(ii) individuals with disabilities; and
(2) the design, development, and implementation of outreach
programs to promote the adoption of best practices referred to
in paragraph (1)(B).
(c) Coordination.--The Committee shall coordinate the activities of
the Committee under this section, as appropriate, with the activities
of the National Institute on Disability and Rehabilitation Research and
the activities of the Department of Labor.
(d) Technical Assistance.--The Committee may provide technical
assistance concerning the programs carried out under this section and
may reserve such portion of the funds appropriated to carry out this
section as the Committee determines to be necessary to provide the
technical assistance.
(e) Definition.--In this section, the term ``information
technology'' means any equipment or interconnected system or subsystem
of equipment, that is used in the automatic acquisition, storage,
manipulation, management, movement, control, display, switching,
interchange, transmission, or reception of data or information,
including a computer, ancillary equipment, software, firmware and
similar procedures, services (including support services), and related
resources.
SEC. 218. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title and the provisions described in subsection (b)(1),
$15,000,000 for fiscal year 1999, and such sums as may be necessary for
each of fiscal years 2000 through 2004.
(b) Reservations.--Of the funds appropriated under subsection (a)
for a fiscal year, the Secretary shall reserve not less than--
(1) 33 percent to carry out the provisions of section 203
of the Rehabilitation Act of 1973 that relate to research
described in section 203(b)(2)(A) of such Act;
(2) 16 percent to carry out section 211;
(3) 4 percent to carry out section 212;
(4) 8 percent to carry out section 215; and
(5) 10 percent to carry out section 217.
(c) Availability.--Amounts appropriated under subsection (a) for a
fiscal year shall remain available for obligation for the following
fiscal year.
TITLE III--ALTERNATIVE FINANCING MECHANISMS
SEC. 301. GENERAL AUTHORITY.
(a) In General.--The Secretary shall award grants to States to pay
for the Federal share of the cost of the establishment and
administration of, or the expansion and administration of, an
alternative financing program featuring 1 or more alternative financing
mechanisms to allow individuals with disabilities and their family
members, guardians, advocates, and authorized representatives to
purchase assistive technology devices and assistive technology services
(referred to individually in this title as an ``alternative financing
mechanism'').
(b) Mechanisms.--The alternative financing mechanisms may include--
(1) a low-interest loan fund;
(2) an interest buy-down program;
(3) a revolving loan fund;
(4) a loan guarantee or insurance program;
(5) a program operated by a partnership among private
entities for the purchase, lease, or other acquisition of
assistive technology devices or assistive technology services;
or
(6) another mechanism that meets the requirements of this
title and is approved by the Secretary.
(c) Requirements.--
(1) Period.--The Secretary may award grants under this
title for periods of 1 year.
(2) Limitation.--No State may receive more than 1 grant
under this title.
(d) Federal Share.--The Federal share of the cost of the
alternative financing program shall not be more than 50 percent.
(e) Construction.--Nothing in this section shall be construed as
affecting the authority of a State to establish an alternative
financing program under title I.
SEC. 302. AMOUNT OF GRANTS.
(a) In General.--
(1) Grants to outlying areas.--From the funds appropriated
under section 308 for any fiscal year that are not reserved
under section 308(b), the Secretary shall make a grant in an
amount of not more than $105,000 to each eligible outlying
area.
(2) Grants to states.--From the funds described in
paragraph (1) that are not used to make grants under paragraph
(1), the Secretary shall make grants to States from allotments
made in accordance with the requirements described in paragraph
(3).
(3) Allotments.--From the funds described in paragraph (1)
that are not used to make grants under paragraph (1)--
(A) the Secretary shall allot $500,000 to each
State; and
(B) from the remainder of the funds--
(i) the Secretary shall allot to each State
an amount that bears the same ratio to 80
percent of the remainder as the population of
the State bears to the population of all
States; and
(ii) the Secretary shall allot to each
State with a population density that is not
more than 10 percent greater than the
population density of the United States
(according to the most recently available
census data) an equal share from 20 percent of
the remainder.
(b) Insufficient Funds.--If the funds appropriated under this title
for a fiscal year are insufficient to fund the activities described in
the acceptable applications submitted under this title for such year, a
State whose application was approved for such year but that did not
receive a grant under this title may update the application for the
succeeding fiscal year. Priority shall be given in such succeeding
fiscal year to such updated applications, if acceptable.
(c) Definitions.--In subsection (a):
(1) Outlying area.--The term ``outlying area'' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(2) State.--The term ``State'' does not include the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 303. APPLICATIONS AND PROCEDURES.
(a) Eligibility.--States that receive or have received grants under
section 101 or 102 and comply with subsection (b) shall be eligible to
compete for grants under this title.
(b) Application.--To be eligible to compete for a grant under this
title, a State shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require, including--
(1) an assurance that the State will provide the non-
Federal share of the cost of the alternative financing program
in cash, from State, local, or private sources;
(2) an assurance that the alternative financing program
will continue on a permanent basis;
(3) an assurance that, and information describing the
manner in which, the alternative financing program will expand
and emphasize consumer choice and control;
(4) an assurance that the funds made available through the
grant to support the alternative financing program will be used
to supplement and not supplant other Federal, State, and local
public funds expended to provide alternative financing
mechanisms;
(5) an assurance that the State will ensure that--
(A) all funds that support the alternative
financing program, including funds repaid during the
life of the program, will be placed in a permanent
separate account and identified and accounted for
separately from any other fund;
(B) if the organization administering the program
invests funds within this account, the organization
will invest the funds in low-risk securities in which a
regulated insurance company may invest under the law of
the State; and
(C) the organization will administer the funds with
the same judgment and care that a person of prudence,
discretion, and intelligence would exercise in the
management of the financial affairs of such person;
(6) an assurance that--
(A) funds comprised of the principal and interest
from the account described in paragraph (5) will be
available to support the alternative financing program;
and
(B) any interest or investment income that accrues
on or derives from such funds after such funds have
been placed under the control of the organization
administering the alternative financing program, but
before such funds are distributed for purposes of
supporting the program, will be the property of the
organization administering the program; and
(7) an assurance that the percentage of the funds made
available through the grant that is used for indirect costs
shall not exceed 10 percent.
(c) Limit.--The interest and income described in subsection
(b)(6)(B) shall not be taken into account by any officer or employee of
the Federal Government for purposes of determining eligibility for any
Federal program.
SEC. 304. CONTRACTS WITH COMMUNITY-BASED ORGANIZATIONS.
(a) In General.--A State that receives a grant under this title
shall enter into a contract with a community-based organization
(including a group of such organizations) that has individuals with
disabilities involved in organizational decisionmaking at all
organizational levels, to administer the alternative financing program.
(b) Provisions.--The contract shall--
(1) include a provision requiring that the program funds,
including the Federal and non-Federal shares of the cost of the
program, be administered in a manner consistent with the
provisions of this title;
(2) include any provision the Secretary requires concerning
oversight and evaluation necessary to protect Federal financial
interests; and
(3) require the community-based organization to enter into
a contract, to expand opportunities under this title and
facilitate administration of the alternative financing program,
with--
(A) commercial lending institutions or
organizations; or
(B) State financing agencies.
SEC. 305. GRANT ADMINISTRATION REQUIREMENTS.
A State that receives a grant under this title and any community-
based organization that enters into a contract with the State under
this title, shall submit to the Secretary, pursuant to a schedule
established by the Secretary (or if the Secretary does not establish a
schedule, within 12 months after the date that the State receives the
grant), each of the following policies or procedures for administration
of the alternative financing program:
(1) A procedure to review and process in a timely manner
requests for financial assistance for immediate and potential
technology needs, including consideration of methods to reduce
paperwork and duplication of effort, particularly relating to
need, eligibility, and determination of the specific assistive
technology device or service to be financed through the
program.
(2) A policy and procedure to assure that access to the
alternative financing program shall be given to consumers
regardless of type of disability, age, income level, location
of residence in the State, or type of assistive technology
device or assistive technology service for which financing is
requested through the program.
(3) A procedure to assure consumer-controlled oversight of
the program.
SEC. 306. INFORMATION AND TECHNICAL ASSISTANCE.
(a) In General.--The Secretary shall provide information and
technical assistance to States under this title, which shall include--
(1) providing assistance in preparing applications for
grants under this title;
(2) assisting grant recipients under this title to develop
and implement alternative financing programs; and
(3) providing any other information and technical
assistance the Secretary determines to be appropriate to assist
States to achieve the objectives of this title.
(b) Grants, Contracts, and Cooperative Agreements.--The Secretary
shall provide the information and technical assistance described in
subsection (a) through grants, contracts, and cooperative agreements
with public or private agencies and organizations, including
institutions of higher education, with sufficient documented
experience, expertise, and capacity to assist States in the development
and implementation of the alternative financing programs carried out
under this title.
SEC. 307. ANNUAL REPORT.
Not later than December 31 of each year, the Secretary shall submit
a report to the Committee on Education and the Workforce of the House
of Representatives and the Committee on Labor and Human Resources of
the Senate describing the progress of each alternative financing
program funded under this title toward achieving the objectives of this
title. The report shall include information on--
(1) the number of grant applications received and approved
by the Secretary under this title, and the amount of each grant
awarded under this title;
(2) the ratio of funds provided by each State for the
alternative financing program of the State to funds provided by
the Federal Government for the program;
(3) the type of alternative financing mechanisms used by
each State and the community-based organization with which each
State entered into a contract, under the program; and
(4) the amount of assistance given to consumers through the
program (who shall be classified by age, type of disability,
type of assistive technology device or assistive technology
service financed through the program, geographic distribution
within the State, gender, and whether the consumers are part of
an underrepresented population or rural population).
SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title $25,000,000 for fiscal year 1999 and such sums as may be
necessary for each of fiscal years 2000 through 2004.
(b) Reservation.--Of the amounts appropriated under subsection (a)
for a fiscal year, the Secretary shall reserve 2 percent for the
purpose of providing information and technical assistance to States
under section 306.
(c) Availability.--Amounts appropriated under subsection (a) for a
fiscal year shall remain available for obligation for the following
fiscal year.
TITLE IV--REPEAL AND CONFORMING AMENDMENTS
SEC. 401. REPEAL.
The Technology-Related Assistance for Individuals With Disabilities
Act of 1988 (29 U.S.C. 2201 et seq.) is repealed.
SEC. 402. CONFORMING AMENDMENTS.
(a) Definitions.--Section 6 of the Rehabilitation Act of 1973 (as
amended by section 403 of the Workforce Investment Act of 1998) is
amended--
(1) in paragraph (3), by striking ``section 3(2) of the
Technology-Related Assistance for Individuals With Disabilities
Act of 1988 (29 U.S.C. 2202(2))'' and inserting ``section 6 of
the Assistive Technology Act of 1998''; and
(2) in paragraph (4), by striking ``section 3(3) of the
Technology-Related Assistance for Individuals With Disabilities
Act of 1988 (29 U.S.C. 2202(3))'' and inserting ``section 6 of
the Assistive Technology Act of 1998''.
(b) Research and Other Covered Activities.--Section 204(b)(3) of
the Rehabilitation Act of 1973 (as amended by section 405 of the
Workforce Investment Act of 1998) is amended--
(1) in subparagraph (C)(i), by striking ``the Technology-
Related Assistance for Individuals With Disabilities Act of
1988 (29 U.S.C. 2201 et seq.)'' and inserting ``the Assistive
Technology Act of 1998''; and
(2) in subparagraph (G)(i), by striking ``the Technology-
Related Assistance for Individuals With Disabilities Act of
1988 (29 U.S.C. 2201 et seq.)'' and inserting ``the Assistive
Technology Act of 1998''.
(c) Protection and Advocacy.--Section 509(a)(2) of the
Rehabilitation Act of 1973 (as amended by section 408 of the Workforce
Investment Act of 1998) is amended by striking ``the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 (42 U.S.C.
2201 et seq.)'' and inserting ``the Assistive Technology Act of 1998''.
Passed the Senate October 5 (legislative day, October 2),
1998.
Attest:
Secretary.
105th CONGRESS
2d Session
S. 2432
_______________________________________________________________________
AN ACT
To support programs of grants to States to address the assistive
technology needs of individuals with disabilities, and for other
purposes.