[105th Congress Public Law 394]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ394.105]
[[Page 112 STAT. 3627]]
Public Law 105-394
105th Congress
An Act
To support programs of grants to States to address the assistive
technology needs of individuals with disabilities, and for other
purposes. <<NOTE: Nov. 13, 1998 - [S. 2432]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Assistive Technology Act of
1998.>> assembled,
SECTION 1. SHORT <<NOTE: 29 USC 3001 note.>> TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Assistive
Technology Act of 1998''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions and rule.
TITLE I--STATE GRANT PROGRAMS
Sec. 101. Continuity grants for States that received funding for a
limited period for technology-related assistance.
Sec. 102. State grants for protection and advocacy related to assistive
technology.
Sec. 103. Administrative provisions.
Sec. 104. Technical assistance program.
Sec. 105. Authorization of appropriations.
TITLE II--NATIONAL ACTIVITIES
Subtitle A--Rehabilitation Act of 1973
Sec. 201. Coordination of Federal research efforts.
Sec. 202. National Council on Disability.
Sec. 203. Architectural and Transportation Barriers Compliance Board.
Subtitle B--Other National Activities
Sec. 211. Small business incentives.
Sec. 212. Technology transfer and universal design.
Sec. 213. Universal design in products and the built environment.
Sec. 214. Outreach.
Sec. 215. Training pertaining to rehabilitation engineers and
technicians.
Sec. 216. President's Committee on Employment of People With
Disabilities.
Sec. 217. Authorization of appropriations.
TITLE III--ALTERNATIVE FINANCING MECHANISMS
Sec. 301. General authority.
Sec. 302. Amount of grants.
Sec. 303. Applications and procedures.
Sec. 304. Contracts with community-based organizations.
Sec. 305. Grant administration requirements.
Sec. 306. Information and technical assistance.
Sec. 307. Annual report.
Sec. 308. Authorization of appropriations.
TITLE IV--REPEAL AND CONFORMING AMENDMENTS
Sec. 401. Repeal.
Sec. 402. Conforming amendments.
[[Page 112 STAT. 3628]]
SEC. 2. FINDINGS <<NOTE: 29 USC 3001.>> 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 one 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 one 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;
[[Page 112 STAT. 3629]]
(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.
[[Page 112 STAT. 3630]]
(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 two 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
[[Page 112 STAT. 3631]]
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 <<NOTE: 29 USC 3002.>> 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
[[Page 112 STAT. 3632]]
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;
[[Page 112 STAT. 3633]]
(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 one
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
[[Page 112 STAT. 3634]]
funding under the Tribally Controlled Community College
Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
(11) Protection and advocacy services.--The term
``protection and advocacy services'' means services that--
(A) are described in part C of the Developmental
Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6041 et seq.), the Protection and Advocacy for
Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et
seq.), or section 509 of the Rehabilitation Act of 1973;
and
(B) assist individuals with disabilities with
respect to assistive technology devices and assistive
technology services.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(13) State.--
(A) In general.--Except as provided in subparagraph
(B) and section 302, the term ``State'' means each of
the several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(B) Outlying areas.--In sections 101(c) and 102(b):
(i) Outlying area.--The term ``outlying area''
means the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(ii) State.--The term ``State'' does not
include the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(14) Targeted individuals.--The term ``targeted
individuals'' means--
(A) individuals with disabilities of all ages and
their family members, guardians, advocates, and
authorized representatives;
(B) individuals who work for public or private
entities (including insurers or managed care providers),
that have contact with individuals with disabilities;
(C) educators and related services personnel;
(D) technology experts (including engineers);
(E) health and allied health professionals;
(F) employers; and
(G) other appropriate individuals and entities.
(15) Technology-related assistance.--The term ``technology-
related assistance'' means assistance provided through capacity
building and advocacy activities that accomplish the purposes
described in any of subparagraphs (A) through (K) of section
2(b)(1).
(16) Underrepresented population.--The term
``underrepresented population'' means a population that is
typically underrepresented in service provision, and includes
populations such as persons who have low-incidence disabilities,
persons who are minorities, poor persons, persons with limited-
English proficiency, older individuals, or persons from rural
areas.
(17) Universal design.--The term ``universal design'' means
a concept or philosophy for designing and delivering products
and services that are usable by people with the widest
[[Page 112 STAT. 3635]]
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 <<NOTE: 29 USC 3011.>> GRANTS FOR STATES
THAT RECEIVED FUNDING FOR A LIMITED PERIOD
FOR TECHNOLOGY-RELATED ASSISTANCE.
(a) Grants to States.--
(1) In general.--The Secretary shall award grants, in
accordance with this section, to eligible States to support
capacity building and advocacy activities, designed to assist
the States in maintaining permanent comprehensive statewide
programs of technology-related assistance that accomplish the
purposes described in section 2(b)(1).
(2) Eligible states.--To be eligible to receive a grant
under this section a State shall be a State that received grants
for less than 10 years under title I of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988.
(b) Use of Funds.--
(1) In general.--Any State that receives a grant under this
section shall use the funds made available through the grant to
carry out the activities described in paragraph (2) and may use
the funds to carry out the activities described in paragraph
(3).
(2) Required activities.--
(A) Public awareness program.--
(i) In general.--The State shall support a
public awareness program designed to provide
information to targeted individuals relating to
the availability and benefits of assistive
technology devices and assistive technology
services.
(ii) Link.--Such a public awareness program
shall have an electronic link to the National
Public Internet Site authorized under section
104(c)(1).
(iii) Contents.--The public awareness program
may include--
(I) the development and
dissemination of information relating
to--
(aa) the nature of assistive
technology devices and assistive
technology services;
(bb) the appropriateness of,
cost of, availability of,
evaluation of, and access to,
assistive technology devices and
assistive technology services;
and
(cc) the benefits of
assistive technology devices and
assistive technology services
with respect to enhancing the
capacity of individuals with
disabilities of all ages to
perform activities of daily
living;
[[Page 112 STAT. 3636]]
(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--
[[Page 112 STAT. 3637]]
(i) the development and implementation of
laws, regulations, policies, practices,
procedures, or organizational structures that
promote access to assistive technology devices and
assistive technology services for individuals with
disabilities in education, health care,
employment, and community living contexts, and in
other contexts such as the use of
telecommunications;
(ii)(I) the development of training materials
and the conduct of training in the use of
assistive technology devices and assistive
technology services; and
(II) the provision of technical assistance,
including technical assistance concerning how--
(aa) to consider the needs of an
individual with a disability for
assistive technology devices and
assistive technology services in
developing any individualized plan or
program authorized under Federal or
State law;
(bb) the rights of targeted
individuals to assistive technology
devices and assistive technology
services are addressed under laws other
than this Act, to promote fuller
independence, productivity, and
inclusion in and integration into
society of such individuals; or
(cc) to increase consumer
participation in the identification,
planning, use, delivery, and evaluation
of assistive technology devices and
assistive technology services; and
(iii) the enhancement of the assistive
technology skills and competencies of--
(I) individuals who work for public
or private entities (including insurers
and managed care providers), who have
contact with individuals with
disabilities;
(II) educators and related services
personnel;
(III) technology experts (including
engineers);
(IV) health and allied health
professionals;
(V) employers; and
(VI) other appropriate personnel.
(D) Outreach.--The State shall provide support to
statewide and community-based organizations that provide
assistive technology devices and assistive technology
services to individuals with disabilities or that assist
individuals with disabilities in using assistive
technology devices and assistive technology services,
including a focus on organizations assisting individuals
from underrepresented populations and rural populations.
Such support may include outreach to consumer
organizations and groups in the State to coordinate
efforts to assist individuals with disabilities of all
ages and their family members, guardians, advocates, or
authorized representatives, to obtain funding for,
access to, and information on evaluation of assistive
technology devices and assistive technology services.
(3) Discretionary activities.--
(A) Alternative state-financed systems.--The State
may support activities to increase access to, and
funding for, assistive technology devices and assistive
technology services, including--
[[Page 112 STAT. 3638]]
(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.--
[[Page 112 STAT. 3639]]
(i) In general.--The State may operate and
expand a system for public access to information
concerning an activity carried out under another
paragraph of this subsection, including
information about assistive technology devices and
assistive technology services, funding sources and
costs of such devices and services, and
individuals, organizations, and agencies capable
of carrying out such an activity for individuals
with disabilities. The system shall be part of,
and complement the information that is available
through a link to, the National Public Internet
Site described in section 104(c)(1).
(ii) Access.--Access to the system may be
provided through community-based locations,
including public libraries, centers for
independent living (as defined in section 702 of
the Rehabilitation Act of 1973), locations of
community rehabilitation programs (as defined in
section 7 of such Act), schools, senior citizen
centers, State vocational rehabilitation offices,
other State workforce offices, and other locations
frequented or used by the public.
(iii) Information collection and
preparation.--In operating or expanding a system
described in subparagraph (A), the State may--
(I) develop, compile, and categorize
print, large print, braille, audio, and
video materials, computer disks, compact
discs (including compact discs formatted
with read-only memory), information in
alternative formats that can be used in
telephone-based information systems, and
materials using such other media as
technological innovation may make
appropriate;
(II) identify and classify funding
sources for obtaining assistive
technology devices and assistive
technology services, and the conditions
of and criteria for access to such
sources, including any funding
mechanisms or strategies developed by
the State;
(III) identify support groups and
systems designed to help individuals
with disabilities make effective use of
an activity carried out under another
paragraph of this subsection, including
groups that provide evaluations of
assistive technology devices and
assistive technology services; and
(IV) maintain a record of the extent
to which citizens of the State use or
make inquiries of the system established
in clause (i), and of the nature of such
inquiries.
(E) Interstate activities.--
(i) In <<NOTE: Contracts.>> 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
[[Page 112 STAT. 3640]]
individuals need at home, at school, at work, or
in other environments that are part of daily
living.
(ii) Electronic communication.--The State may
operate or participate in an electronic
information exchange through which the State may
communicate with other States to gain technical
assistance in a timely fashion and to avoid the
duplication of efforts already undertaken in other
States.
(F) Partnerships and cooperative initiatives.--The
State may support partnerships and cooperative
initiatives between the public sector and the private
sector to promote greater participation by business and
industry in--
(i) the development, demonstration, and
dissemination of assistive technology devices; and
(ii) the ongoing provision of information
about new products to assist individuals with
disabilities.
(G) Expenses.--The State may pay for expenses,
including travel expenses, and services, including
services of qualified interpreters, readers, and
personal care assistants, that may be necessary to
ensure access to the comprehensive statewide program of
technology-related assistance by individuals with
disabilities who are determined by the State to be in
financial need and not eligible for such payments or
services through another public agency or private
entity.
(H) Advocacy services.--The State may provide
advocacy services.
(c) Amount of Financial Assistance.--
(1) Grants to outlying areas.--From the funds appropriated
under section 105(a) and reserved under section 105(b)(1)(A) for
any fiscal year for grants under this section, the Secretary
shall make a grant in an amount of not more than $105,000 to
each eligible outlying area.
(2) Grants to states.--From the funds described in paragraph
(1) that are not used to make grants under paragraph (1), the
Secretary shall make grants to States in accordance with the
requirements described in paragraph (3).
(3) Calculation of state grants.--
(A) Calculations for grants in the second or third
year of a second extension grant.--For any fiscal year,
the Secretary shall calculate the amount of a grant
under paragraph (2) for each eligible State that would
be in the second or third year of a second extension
grant made under section 103 of the Technology-Related
Assistance for Individuals With Disabilities Act of
1988, if that Act had been reauthorized for that fiscal
year.
(B) Calculations for grants in the fourth or fifth
year of a second extension grant.--
(i) Fourth year.--An eligible State that would
have been in the fourth year of a second extension
grant made under section 103 of the Technology-
Related Assistance for Individuals With
Disabilities Act of 1988 during a fiscal year, if
that Act had been reauthorized for that fiscal
year, shall receive under paragraph (2) a grant in
an amount equal to 75 percent of the funding that
the State received in the prior
[[Page 112 STAT. 3641]]
fiscal year under section 103 of that Act or under
this section, as appropriate.
(ii) Fifth year.--An eligible State that would
have been in the fifth year of a second extension
grant made under section 103 of the Technology-
Related Assistance for Individuals With
Disabilities Act of 1988 during a fiscal year, if
that Act had been reauthorized for that fiscal
year, shall receive under paragraph (2) a grant in
an amount equal to 50 percent of the funding that
the State received in the third year of a second
extension grant under section 103 of that Act or
under this section, as appropriate.
(C) Prohibition on funds after fifth year of a
second extension grant.--Except as provided in
subsection (f), an eligible State that would have been
in the fifth year of a second extension grant made under
section 103 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 during a
fiscal year, if that Act had been reauthorized for that
fiscal year, may not receive any Federal funds under
this title for any fiscal year after such fiscal year.
(D) Additional states.--
(i) In general.--For purposes of this
paragraph, the Secretary shall treat a State
described in clause (ii)--
(I) for fiscal years 1999 through
2001, as if the State were a State
described in subparagraph (A); and
(II) for fiscal year 2002 or 2003,
as if the State were a State described
in clause (i) or (ii), respectively, of
subparagraph (B).
(ii) State.--A State referred to in clause (i)
shall be a State that--
(I) in fiscal year 1998, was in the
second year of an initial extension
grant made under section 103 of the
Technology-Related Assistance for
Individuals With Disabilities Act of
1988; and
(II) meets such terms and conditions
as the Secretary shall determine to be
appropriate.
(d) Lead Agency.--
(1) Identification.--
(A) In general.--To be eligible to receive a grant
under this section, a State shall designate a lead
agency to carry out appropriate State functions under
this section. The lead agency shall be the current
agency (as of the date of submission of the application
supplement described in subsection (e)) administering
the grant awarded to the State for fiscal year 1998
under title I of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988, except as
provided in subparagraph (B).
(B) Change in agency.--The Governor may change the
lead agency if the Governor shows good cause to the
Secretary why the designated lead agency should be
changed, in the application supplement described in
subsection (e), and obtains approval of the supplement.
(2) Duties of the lead agency.--The duties of the lead
agency shall include--
[[Page 112 STAT. 3642]]
(A) submitting the application supplement described
in subsection (e) on behalf of the State;
(B) administering and supervising the use of amounts
made available under the grant received by the State
under this section;
(C)(i) coordinating efforts related to, and
supervising the preparation of, the application
supplement described in subsection (e);
(ii) continuing the coordination of the maintenance
and evaluation of the comprehensive statewide program of
technology-related assistance among public agencies and
between public agencies and private entities, including
coordinating efforts related to entering into
interagency agreements; and
(iii) continuing the coordination of efforts,
especially efforts carried out with entities that
provide protection and advocacy services described in
section 102, related to the active, timely, and
meaningful participation by individuals with
disabilities and their family members, guardians,
advocates, or authorized representatives, and other
appropriate individuals, with respect to activities
carried out under the grant; and
(D) the delegation, in whole or in part, of any
responsibilities described in subparagraph (A), (B), or
(C) to one or more appropriate offices, agencies,
entities, or individuals.
(e) Application Supplement.--
(1) Submission.--Any State that desires to receive a grant
under this section shall submit to the Secretary an application
supplement to the application the State submitted under section
103 of the Technology-Related Assistance for Individuals With
Disabilities Act of 1988, at such time, in such manner, and for
such period as the Secretary may specify, that contains the
following information:
(A) Goals and activities.--A description of--
(i) the goals the State has set, for
addressing the assistive technology needs of
individuals with disabilities in the State,
including any related to--
(I) health care;
(II) education;
(III) employment, including goals
involving the State vocational
rehabilitation program carried out under
title I of the Rehabilitation Act of
1973;
(IV) telecommunication and
information technology; or
(V) community living; and
(ii) the activities the State will undertake
to achieve such goals, in accordance with the
requirements of subsection (b).
(B) Measures of goal achievement.--A description of
how the State will measure whether the goals set by the
State have been achieved.
(C) Involvement of individuals with disabilities of
all ages and their families.--A description of how
individuals with disabilities of all ages and their
families--
(i) were involved in selecting--
(I) the goals;
[[Page 112 STAT. 3643]]
(II) the activities to be undertaken
in achieving the goals; and
(III) the measures to be used in
judging if the goals have been achieved;
and
(ii) will be involved in measuring whether the
goals have been achieved.
(D) Redesignation of the lead agency.--If the
Governor elects to change the lead agency, the following
information:
(i) With regard to the original lead agency, a
description of the deficiencies of the agency.
(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 <<NOTE: Notification. Applicability.>> status
of state obligations.--Except as provided in subsection (f)(2),
when the Secretary notifies a State that the State shall submit
the application supplement to the application the State
submitted under section 103 of the Technology-Related Assistance
for Individuals With Disabilities Act of 1988, the Secretary
shall specify in the notification the time period for which the
application supplement shall apply, consistent with paragraph
(4).
(3) Continuing obligations.--Each State that receives a
grant under this section shall continue to abide by the
assurances the State made in the application the State submitted
under section 103 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 and continue to comply
with reporting requirements under that Act.
(4) Duration of application supplement.--
(A) Determination.--The Secretary shall determine
and specify to the State the time period for which the
application supplement shall apply, in accordance with
subparagraph (B).
(B) Limit.--Such time period for any State shall not
extend beyond the year that would have been the fifth
year of a second extension grant made for that State
under section 103 of the Technology-Related Assistance
for Individuals With Disabilities Act of 1988, if the
Act had been reauthorized through that year.
(f) Extension of Funding.--
(1) In general.--In the case of a State that was in the
fifth year of a second extension grant in fiscal year 1998 or is
in the fifth year of a second extension grant in any of the
fiscal years 1999 through 2004 made under section 103 of the
Technology-Related Assistance for Individuals With Disabilities
Act of 1988, or made under this section, as appropriate, the
Secretary may, in the discretion of the Secretary, award a 3-
year extension of the grant to such State if the State submits
an application supplement under subsection (e)
[[Page 112 STAT. 3644]]
and meets other related requirements for a State seeking a grant
under this section.
(2) Amount.--A State that receives an extension of a grant
under paragraph (1), shall receive through the grant, for each
of fiscal years of the extension of the grant, an amount
equivalent to the amount the State received for the fifth year
of a second extension grant made under section 103 of the
Technology-Related Assistance for Individuals With Disabilities
Act of 1988, or made under this section, as appropriate, from
funds appropriated under section 105(a) and reserved under
section 105(b)(1)(A) for grants under this section.
(3) Limitation.--A State may not receive amounts under an
extension of a grant under paragraph (1) after September 30,
2004.
SEC. 102. STATE <<NOTE: 29 USC 3012.>> GRANTS FOR PROTECTION AND
ADVOCACY RELATED TO ASSISTIVE TECHNOLOGY.
(a) Grants to States.--
(1) In general.--On the appropriation of funds under section
105, the Secretary shall make a grant to an entity in each State
to support protection and advocacy services through the systems
established to provide protection and advocacy services under
the Developmental Disabilities Assistance and Bill of Rights Act
(42 U.S.C. 6000 et seq.) for the purposes of assisting in the
acquisition, utilization, or maintenance of assistive technology
or assistive technology services for individuals with
disabilities.
(2) Certain states.--Notwithstanding paragraph (1), for a
State that, on the day before the date of enactment of this Act,
was described in section 102(f)(1) of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988, the
Secretary shall make the grant to the lead agency designated
under section 101(d). The lead agency shall determine how the
funds made available under this section shall be divided among
the entities that were providing protection and advocacy
services in that State on that day, and distribute the funds to
the entities. In distributing the funds, the lead agency shall
not establish any further eligibility or procedural requirements
for an entity in that State that supports protection and
advocacy services through the systems established to provide
protection and advocacy services under the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000
et seq.). Such an entity shall comply with the same requirements
(including reporting and enforcement requirements) as any other
entity that receives funding under paragraph (1).
(3) Periods.--The Secretary shall provide assistance through
such a grant to a State for 6 years.
(b) Amount of Financial Assistance.--
(1) Grants to outlying areas.--From the funds appropriated
under section 105(a) and reserved under section 105(b)(1)(A) for
any fiscal year, the Secretary shall make a grant in an amount
of not more than $30,000 to each eligible system within an
outlying area.
(2) Grants to states.--For any fiscal year, after reserving
funds to make grants under paragraph (1), the Secretary shall
make allotments from the remainder of the funds described in
paragraph (1) in accordance with paragraph (3) to eligible
[[Page 112 STAT. 3645]]
systems within States to support protection and advocacy
services as described in subsection (a). The Secretary shall
make grants to the eligible systems from the allotments.
(3) Systems within states.--
(A) Population basis.--Except as provided in
subparagraph (B), from such remainder for each fiscal
year, the Secretary shall make an allotment to the
eligible system within a State of an amount bearing the
same ratio to such remainder as the population of the
State bears to the population of all States.
(B) Minimums.--Subject to the availability of
appropriations to carry out this section, the allotment
to any system under subparagraph (A) shall be not less
than $50,000, and the allotment to any system under this
paragraph for any fiscal year that is less than $50,000
shall be increased to $50,000.
(4) Reallotment.--Whenever the Secretary determines that any
amount of an allotment under paragraph (3) to a system within a
State for any fiscal year will not be expended by such system in
carrying out the provisions of this section, the Secretary shall
make such amount available for carrying out the provisions of
this section to one 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.
[[Page 112 STAT. 3646]]
(d) Reports and Updates to State Agencies.--An entity that receives
a grant under this section shall prepare and submit to the lead agency
the report described in subsection (c) and quarterly updates concerning
the activities described in subsection (c).
(e) Coordination.--On making a grant under this section to an entity
in a State, the Secretary shall solicit and consider the opinions of the
lead agency of the State designated under section 101(d) with respect to
efforts at coordination, collaboration, and promoting outcomes between
the lead agency and the entity that receives the grant under this
section.
SEC. 103. ADMINISTRATIVE <<NOTE: 29 USC 3013.>> PROVISIONS.
(a) Review of Participating Entities.--
(1) In general.--The Secretary shall assess the extent to
which entities that receive grants pursuant to this title are
complying with the applicable requirements of this title and
achieving the goals that are consistent with the requirements of
the grant programs under which the entities applied for the
grants.
(2) Onsite visits of states receiving certain grants.--
(A) In general.--The Secretary shall conduct an
onsite visit for each State that receives a grant under
section 101 and that would have been in the third or
fourth year of a second extension grant under the
Technology-Related Assistance for Individuals With
Disabilities Act of 1988 if that Act had been
reauthorized for that fiscal year, prior to the end of
that year.
(B) Unnecessary visits.--The Secretary shall not be
required to conduct a visit of a State described in
subparagraph (A) if the Secretary determines that the
visit is not necessary to assess whether the State is
making significant progress toward development and
implementation of a comprehensive statewide program of
technology-related assistance.
(3) Advance public notice.--The Secretary shall provide
advance public notice of an onsite visit conducted under
paragraph (2) and solicit public comment through such notice
from targeted individuals, regarding State goals and related
activities to achieve such goals funded through a grant made
under section 101.
(4) Minimum requirements.--At a minimum, the visit shall
allow the Secretary to determine the extent to which the State
is making progress in meeting State goals and maintaining a
comprehensive statewide program of technology-related assistance
consistent with the purposes described in section 2(b)(1).
(5) Provision of information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information.
(b) Corrective Action and Sanctions.--
(1) Corrective action.--If the Secretary determines that an
entity fails to substantially comply with the requirements of
this title with respect to a grant program, the Secretary shall
assist the entity through technical assistance funded under
section 104 or other means, within 90 days after such
determination, to develop a corrective action plan.
[[Page 112 STAT. 3647]]
(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 one 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 <<NOTE: Deadline.>> 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.
[[Page 112 STAT. 3648]]
(d) Effect on Other Assistance.--This title may not be construed as
authorizing a Federal or a State agency to reduce medical or other
assistance available, or to alter eligibility for a benefit or service,
under any other Federal law.
SEC. 104. TECHNICAL <<NOTE: 29 USC 3014.>> SSISTANCE PROGRAM.
(a) In General.--Through grants, contracts, or cooperative
agreements, awarded on a competitive basis, the Secretary is authorized
to fund a technical assistance program to provide technical assistance
to entities, principally entities funded under section 101 or 102.
(b) Input.--In designing the program to be funded under this
section, and in deciding the differences in function between national
and regionally based technical assistance efforts carried out through
the program, the Secretary shall consider the input of the directors of
comprehensive statewide programs of technology-related assistance and
other individuals the Secretary determines to be appropriate,
especially--
(1) individuals with disabilities who use assistive
technology and understand the barriers to the acquisition of
such technology and assistive technology services;
(2) family members, guardians, advocates, and authorized
representatives of such individuals; and
(3) individuals employed by protection and advocacy systems
funded under section 102.
(c) Scope of Technical Assistance.--
(1) National public internet site.--
(A) Establishment of internet site.--The Secretary
shall fund the establishment and maintenance of a
National Public Internet Site for the purposes of
providing to individuals with disabilities and the
general public technical assistance and information on
increased access to assistive technology devices,
assistive technology services, and other disability-
related resources.
(B) Eligible entity.--To be eligible to receive a
grant or enter into a contract or cooperative agreement
under subsection (a) to establish and maintain the
Internet site, an entity shall be an institution of
higher education that emphasizes research and
engineering, has a multidisciplinary research center,
and has demonstrated expertise in--
(i) working with assistive technology and
intelligent agent interactive information
dissemination systems;
(ii) managing libraries of assistive
technology and disability-related resources;
(iii) delivering education, information, and
referral services to individuals with
disabilities, including technology-based
curriculum development services for adults with
low-level reading skills;
(iv) developing cooperative partnerships with
the private sector, particularly with private
sector computer software, hardware, and Internet
services entities; and
(v) developing and designing advanced Internet
sites.
[[Page 112 STAT. 3649]]
(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
[[Page 112 STAT. 3650]]
to the provision of assistive technology devices
and assistive technology services by appropriate
State agencies; and
(iv) demonstration sites where individuals may
try out assistive technology.
(2) Technical assistance efforts.--In carrying out the
technical assistance program, taking into account the input
required under subsection (b), the Secretary shall ensure that
entities--
(A) address State-specific information requests
concerning assistive technology from other entities
funded under this title and public entities not funded
under this title, including--
(i) requests for state-of-the-art, or model,
Federal, State, and local laws, regulations,
policies, practices, procedures, and
organizational structures, that facilitate, and
overcome barriers to, funding for, and access to,
assistive technology devices and assistive
technology services;
(ii) requests for examples of policies,
practices, procedures, regulations, administrative
hearing decisions, or legal actions, that have
enhanced or may enhance access to funding for
assistive technology devices and assistive
technology services for individuals with
disabilities;
(iii) requests for information on effective
approaches to Federal-State coordination of
programs for individuals with disabilities,
related to improving funding for or access to
assistive technology devices and assistive
technology services for individuals with
disabilities of all ages;
(iv) requests for information on effective
approaches to the development of consumer-
controlled systems that increase access to,
funding for, and awareness of, assistive
technology devices and assistive technology
services;
(v) other requests for technical assistance
from other entities funded under this title and
public entities not funded under this title; and
(vi) other assignments specified by the
Secretary, including assisting entities described
in section 103(b) to develop corrective action
plans; and
(B) assist targeted individuals by disseminating
information about--
(i) Federal, State, and local laws,
regulations, policies, practices, procedures, and
organizational structures, that facilitate, and
overcome barriers to, funding for, and access to,
assistive technology devices and assistive
technology services, to promote fuller
independence, productivity, and inclusion in
society for individuals with disabilities of all
ages; and
(ii) technical assistance activities
undertaken under subparagraph (A).
(d) Eligible Entities.--To be eligible to compete for grants,
contracts, and cooperative agreements under this section, entities shall
have documented experience with and expertise in assistive
[[Page 112 STAT. 3651]]
technology service delivery or systems, interagency coordination, and
capacity building and advocacy activities.
(e) Application.--To be eligible to receive a grant, contract, or
cooperative agreement under this section, an entity shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title $36,000,000 for fiscal year 1999 and such sums as may be
necessary for each of fiscal years 2000 through 2004.
(b) Reservations of Funds.--
(1) In general.--Except as provided in paragraphs (2) and
(3), of the amount appropriated under subsection (a) for a
fiscal year--
(A) 87.5 percent of the amount shall be reserved to
fund grants under section 101;
(B) 7.9 percent shall be reserved to fund grants
under section 102; and
(C) 4.6 percent shall be reserved for activities
funded under section 104.
(2) Reservation for continuation of technical assistance
initiatives.--For fiscal year 1999, the Secretary may use funds
reserved under subparagraph (C) of paragraph (1) to continue
funding technical assistance initiatives that were funded in
fiscal year 1998 under the Technology-Related Assistance for
Individuals With Disabilities Act of 1988.
(3) Reservation for onsite visits.--The Secretary may
reserve, from the amount appropriated under subsection (a) for
any fiscal year, such sums as the Secretary considers to be
necessary for the purposes of conducting onsite visits as
required by section 103(a)(2).
TITLE II--NATIONAL ACTIVITIES
Subtitle A--Rehabilitation Act of 1973
SEC. 201. COORDINATION OF FEDERAL RESEARCH EFFORTS.
Section 203 of the Rehabilitation Act of 1973 (as amended by section
405 of the Workforce Investment Act of 1988) <<NOTE: 29 USC 763.>> 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
[[Page 112 STAT. 3652]]
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 <<NOTE: Deadline. Reports.>> 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
[[Page 112 STAT. 3653]]
``(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) <<NOTE: 29 USC 781.>> is
amended by adding at the end the following:
``(c)(1) Not <<NOTE: Deadline. Reports.>> 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 <<NOTE: Effective date.>> 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)) <<NOTE: 29 USC 794b.>> is amended by
striking ``section 502(h)(1)'' and inserting ``section 502(i)(1)''.
[[Page 112 STAT. 3654]]
Subtitle B--Other National Activities
SEC. 211. SMALL <<NOTE: 29 USC 3031.>> 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 <<NOTE: 29 USC 3032.>> 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
[[Page 112 STAT. 3655]]
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 <<NOTE: 29 USC 3033.>> DESIGN IN PRODUCTS AND
THE BUILT ENVIRONMENT.
The Secretary may make grants to commercial or other enterprises and
institutions of higher education for the research and development of
universal design concepts for products (including information
technology) and the built environment. In making such grants, the
Secretary shall give consideration to enterprises and institutions that
are owned or operated by individuals with disabilities. The Secretary
shall define the term ``built environment'' for purposes of this
section.
SEC. 214. <<NOTE: 29 USC 3034.>> 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
[[Page 112 STAT. 3656]]
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 <<NOTE: 29 USC 3035.>> PERTAINING TO
REHABILITATION ENGINEERS AND TECHNICIANS.
(a) Grants and Contracts.--The Secretary shall make grants, or enter
into contracts with, public and private agencies and organizations,
including institutions of higher education, to help prepare students,
including students preparing to be rehabilitation technicians, and
faculty working in the field of rehabilitation engineering, for careers
related to the provision of assistive technology devices and assistive
technology services.
(b) Activities.--An agency or organization that receives a grant or
contract under subsection (a) may use the funds made available through
the grant or contract--
(1) to provide training programs for individuals employed or
seeking employment in the field of rehabilitation engineering,
including postsecondary education programs;
(2) to provide workshops, seminars, and conferences
concerning rehabilitation engineering that relate to the use of
assistive technology devices and assistive technology services
to improve the lives of individuals with disabilities; and
(3) to design, develop, and disseminate curricular materials
to be used in the training programs, workshops, seminars, and
conferences described in paragraphs (1) and (2).
SEC. 216. PRESIDENT'S <<NOTE: 29 USC 3036.>> 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
[[Page 112 STAT. 3657]]
section and may reserve such portion of the funds appropriated to carry
out this section as the Committee determines to be necessary to provide
the technical assistance.
(e) Definition.--In this section, the term ``information
technology'' means any equipment or interconnected system or subsystem
of equipment, that is used in the automatic acquisition, storage,
manipulation, management, movement, control, display, switching,
interchange, transmission, or reception of data or information,
including a computer, ancillary equipment, software, firmware and
similar procedures, services (including support services), and related
resources.
SEC. 217. AUTHORIZATION <<NOTE: 29 USC 3037.>> OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title, and
the provisions of section 203 of the Rehabilitation Act of 1973 that
relate to research described in section 203(b)(2)(A) of such Act,
$10,000,000 for fiscal year 1999, and such sums as may be necessary for
fiscal year 2000.
TITLE III--ALTERNATIVE FINANCING MECHANISMS
SEC. 301. GENERAL <<NOTE: 29 USC 3051.>> 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 one 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 one 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 <<NOTE: 29 USC 3052.>> OF GRANTS.
(a) In General.--
[[Page 112 STAT. 3658]]
(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 <<NOTE: 29 USC 3053.>> AND PROCEDURES.
(a) Eligibility.--States that receive or have received grants under
section 101 and comply with subsection (b) shall be eligible to compete
for grants under this title.
(b) Application.--To be eligible to compete for a grant under this
title, a State shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require, including--
(1) an assurance that the State will provide the non-Federal
share of the cost of the alternative financing program in cash,
from State, local, or private sources;
(2) an assurance that the alternative financing program will
continue on a permanent basis;
(3) an assurance that, and information describing the manner
in which, the alternative financing program will expand and
emphasize consumer choice and control;
(4) an assurance that the funds made available through the
grant to support the alternative financing program will
[[Page 112 STAT. 3659]]
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 <<NOTE: 29 USC 3054.>> 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--
[[Page 112 STAT. 3660]]
(A) commercial lending institutions or
organizations; or
(B) State financing agencies.
SEC. 305. GRANT <<NOTE: 29 USC 3055.>> 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 <<NOTE: 29 USC 3056.>> 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 <<NOTE: 29 USC 3057.>> REPORT.
Not later <<NOTE: Deadline.>> 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;
[[Page 112 STAT. 3661]]
(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 <<NOTE: 29 USC 3058.>> OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title $10,000,000 for fiscal year 1999 and such sums as may be
necessary for fiscal year 2000.
(b) Reservation.--Of the amounts appropriated under subsection (a)
for a fiscal year, the Secretary shall reserve 2 percent for the purpose
of providing information and technical assistance to States under
section 306.
TITLE IV--REPEAL AND CONFORMING AMENDMENTS
SEC. 401. REPEAL.
The Technology-Related Assistance for Individuals With Disabilities
Act of 1988 (29 U.S.C. 2201 et seq.) is repealed.
SEC. 402. CONFORMING AMENDMENTS.
(a) Definitions.--Section 6 of the Rehabilitation Act of 1973 (as
amended by section 403 of the Workforce Investment Act of 1998)
is <<NOTE: 29 USC 705.>> amended--
(1) in paragraph (3), by striking ``section 3(2) of the
Technology-Related Assistance for Individuals With Disabilities
Act of 1988 (29 U.S.C. 2202(2))'' and inserting ``section 3 of
the Assistive Technology Act of 1998''; and
(2) in paragraph (4), by striking ``section 3(3) of the
Technology-Related Assistance for Individuals With Disabilities
Act of 1988 (29 U.S.C. 2202(3))'' and inserting ``section 3 of
the Assistive Technology Act of 1998''.
(b) Research and Other Covered Activities.--Section 204(b)(3) of the
Rehabilitation Act of 1973 (as amended by section 405 of the
Workforce <<NOTE: 29 USC 764.>> Investment Act of 1998) is amended--
(1) in subparagraph (C)(i), by striking ``the Technology-
Related Assistance for Individuals With Disabilities Act of 1988
(29 U.S.C. 2201 et seq.)'' and inserting ``the Assistive
Technology Act of 1998''; and
(2) in subparagraph (G)(i), by striking ``the Technology-
Related Assistance for Individuals With Disabilities Act of 1988
(29 U.S.C. 2201 et seq.)'' and inserting ``the Assistive
Technology Act of 1998''.
[[Page 112 STAT. 3662]]
(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) <<NOTE: 29 USC 794e.>> 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''.
Approved November 13, 1998.
LEGISLATIVE HISTORY--S. 2432:
---------------------------------------------------------------------------
SENATE REPORTS: No. 105-334 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 5, considered and passed Senate.
Oct. 9, considered and passed House, amended.
Oct. 14, Senate concurred in House amendment.
<all>