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Resources for understanding and implementing Section 508

Assistive Technology Act of 1998

[105th Congress Public Law 394]
[From the U.S. Government Printing Office]


[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 <>  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 <>  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 <>  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 <>  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 <> 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) <>  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 <>  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) <>  is 
amended by adding at the end the following:

    ``(c)(1) Not <>  later than December 31, 
1999, the Council shall prepare a report describing the barriers in 
Federal assistive technology policy to increasing the availability of 
and access to assistive technology devices and assistive technology 
services for individuals with disabilities.

    ``(2) In preparing the report, the Council shall obtain input from 
the National Institute on Disability and Rehabilitation Research and the 
Association of Tech Act Projects, and from targeted individuals, as 
defined in section 3 of the Assistive Technology Act of 1998.
    ``(3) The Council shall submit the report, along with such 
recommendations as the Council determines to be appropriate, to the 
Committee on Labor and Human Resources of the Senate and the Committee 
on Education and the Workforce of the House of Representatives.''.
SEC. 203. ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE 
                        BOARD.

    (a) In General.--Section 502 of the Rehabilitation Act of 1973 (29 
U.S.C. 792) is amended--
            (1) by redesignating subsections (d) through (i) as 
        subsections (e) through (j), respectively;
            (2) by inserting after subsection (c) the following:

    ``(d) Beginning <>  in fiscal year 2000, the 
Access Board, after consultation with the Secretary, representatives of 
such public and private entities as the Access Board determines to be 
appropriate (including the electronic and information technology 
industry), targeted individuals (as defined in section 3 of the 
Assistive Technology Act of 1998), and State information technology 
officers, shall provide training for Federal and State employees on any 
obligations related to section 508 of the Rehabilitation Act of 1973.''; 
and
            (3) in the second sentence of paragraph (1) of subsection 
        (e) (as redesignated in paragraph (1)), by striking ``subsection 
        (e)'' and inserting ``subsection (f)''.

    (b) Conforming Amendment.--Section 506(c) of the Rehabilitation Act 
of 1973 (29 U.S.C. 794(c)) <>  is amended by 
striking ``section 502(h)(1)'' and inserting ``section 502(i)(1)''.

[[Page 112 STAT. 3654]]

                  Subtitle B--Other National Activities

SEC. 211. SMALL <>  BUSINESS INCENTIVES.

    (a) Definition.--In this section, the term ``small business'' means 
a small-business concern, as described in section 3(a) of the Small 
Business Act (15 U.S.C. 632(a)).
    (b) Contracts for Design, Development, and Marketing.--
            (1) In general.--The Secretary may enter into contracts with 
        small businesses, to assist such businesses to design, develop, 
        and market assistive technology devices or assistive technology 
        services. In entering into the contracts, the Secretary may give 
        preference to businesses owned or operated by individuals with 
        disabilities.
            (2) Small business innovative research program.--Contracts 
        entered into pursuant to paragraph (1) shall be administered in 
        accordance with the contract administration requirements 
        applicable to the Department of Education under the Small 
        Business Innovative Research Program, as described in section 
        9(g) of the Small Business Act (15 U.S.C. 638(g)). Contracts 
        entered into pursuant to paragraph (1) shall not be included in 
        the calculation of the required expenditures of the Department 
        under section 9(f) of such Act (15 U.S.C. 638(f)).

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

SEC. 212. TECHNOLOGY <>  TRANSFER AND UNIVERSAL 
            DESIGN.

    (a) In General.--The Director of the National Institute on 
Disability and Rehabilitation Research may collaborate with the Federal 
Laboratory Consortium for Technology Transfer established under section 
11(e) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3710(e)), to promote technology transfer that will further 
development of assistive technology and products that incorporate the 
principles of universal design.
    (b) Collaboration.--In promoting the technology transfer, the 
Director and the Consortium described in subsection (a) may 
collaborate--
            (1) to enable the National Institute on Disability and 
        Rehabilitation Research to work more effectively with the 
        Consortium, and to enable the Consortium to fulfill the 
        responsibilities of the Consortium to assist Federal agencies 
        with technology transfer under the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3701 et seq);
            (2) to increase the awareness of staff members of the 
        Federal Laboratories regarding assistive technology issues and 
        the principles of universal design;
            (3) to compile a compendium of current and projected Federal 
        Laboratory technologies and projects that have or will

[[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 <>  DESIGN IN PRODUCTS AND 
                        THE BUILT ENVIRONMENT.

    The Secretary may make grants to commercial or other enterprises and 
institutions of higher education for the research and development of 
universal design concepts for products (including information 
technology) and the built environment. In making such grants, the 
Secretary shall give consideration to enterprises and institutions that 
are owned or operated by individuals with disabilities. The Secretary 
shall define the term ``built environment'' for purposes of this 
section.

SEC. 214. <>  OUTREACH.

    (a) Assistive Technology in Rural or Impoverished Urban Areas.--The 
Secretary may make grants, enter into cooperative agreements, or provide 
financial assistance through other mechanisms, for projects designed to 
increase the availability of assistive technology for rural and 
impoverished urban populations, by determining the unmet assistive 
technology needs of such populations, and designing and implementing 
programs to meet such needs.
    (b) Assistive Technology for Children and Older Individuals.--The 
Secretary may make grants, enter into cooperative agreements, or provide 
financial assistance through other mechanisms, for projects designed to 
increase the availability of assistive

[[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 <>  PERTAINING TO 
                        REHABILITATION ENGINEERS AND TECHNICIANS.

    (a) Grants and Contracts.--The Secretary shall make grants, or enter 
into contracts with, public and private agencies and organizations, 
including institutions of higher education, to help prepare students, 
including students preparing to be rehabilitation technicians, and 
faculty working in the field of rehabilitation engineering, for careers 
related to the provision of assistive technology devices and assistive 
technology services.
    (b) Activities.--An agency or organization that receives a grant or 
contract under subsection (a) may use the funds made available through 
the grant or contract--
            (1) to provide training programs for individuals employed or 
        seeking employment in the field of rehabilitation engineering, 
        including postsecondary education programs;
            (2) to provide workshops, seminars, and conferences 
        concerning rehabilitation engineering that relate to the use of 
        assistive technology devices and assistive technology services 
        to improve the lives of individuals with disabilities; and
            (3) to design, develop, and disseminate curricular materials 
        to be used in the training programs, workshops, seminars, and 
        conferences described in paragraphs (1) and (2).
SEC. 216. PRESIDENT'S <>  COMMITTEE ON 
                        EMPLOYMENT OF PEOPLE WITH DISABILITIES.

    (a) Programs.--The President's Committee on Employment of People 
With Disabilities (referred to in this section as ``the Committee'') may 
design, develop, and implement programs to increase the voluntary 
participation of the private sector in making information technology 
accessible to individuals with disabilities, including increasing the 
involvement of individuals with disabilities in the design, development, 
and manufacturing of information technology.
    (b) Activities.--The Committee may carry out activities through the 
programs that may include--
            (1) the development and coordination of a task force, 
        which--
                    (A) shall develop and disseminate information on 
                voluntary best practices for universal accessibility in 
                information technology; and
                    (B) shall consist of members of the public and 
                private sectors, including--
                          (i) representatives of organizations 
                      representing individuals with disabilities; and
                          (ii) individuals with disabilities; and
            (2) the design, development, and implementation of outreach 
        programs to promote the adoption of best practices referred to 
        in paragraph (1)(B).

    (c) Coordination.--The Committee shall coordinate the activities of 
the Committee under this section, as appropriate, with the activities of 
the National Institute on Disability and Rehabilitation Research and the 
activities of the Department of Labor.
    (d) Technical Assistance.--The Committee may provide technical 
assistance concerning the programs carried out under this

[[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 <>  OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title, and 
the provisions of section 203 of the Rehabilitation Act of 1973 that 
relate to research described in section 203(b)(2)(A) of such Act, 
$10,000,000 for fiscal year 1999, and such sums as may be necessary for 
fiscal year 2000.

               TITLE III--ALTERNATIVE FINANCING MECHANISMS

SEC. 301. GENERAL <>  AUTHORITY.

    (a) In General.--The Secretary shall award grants to States to pay 
for the Federal share of the cost of the establishment and 
administration of, or the expansion and administration of, an 
alternative financing program featuring 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 <>  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 <>  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:
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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.
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