Assistive Technology Act of 1998,
105-394, S.2432
S.2432
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington
on Tuesday, the twenty-seventh
day of January, one thousand nine hundred and ninety-eight
An Act
To support programs of grants
to States to address the assistive technology needs of individuals with
disabilities, and for other purposes.
Be it enacted by the Senate and House
of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE;
TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited
as the `Assistive Technology Act of 1998'.
(b) TABLE OF CONTENTS- The table of contents
for this Act is as follows:
Sec. 1. Short title;
table of contents.
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.
TITLE II--NATIONAL ACTIVITIES
Subtitle A--Rehabilitation Act of 1973
Sec. 201. Coordination
of Federal research efforts.
Sec. 203. Architectural
and Transportation Barriers Compliance Board.
Subtitle B--Other National Activities
Sec. 212. Technology
transfer and universal design.
Sec. 213. Universal
design in products and the built environment.
Sec. 215. Training
pertaining to rehabilitation engineers and technicians.
Sec. 216. President's
Committee on Employment of People With Disabilities.
TITLE III--ALTERNATIVE FINANCING MECHANISMS
Sec. 304. Contracts
with community-based organizations.
Sec. 306. Information
and technical assistance.
TITLE IV--REPEAL AND CONFORMING AMENDMENTS
SEC. 2. FINDINGS AND
PURPOSES.
(a) FINDINGS- Congress finds the following:
(1) Disability is a natural part of
the human experience and in no way diminishes the right of individuals
to--
(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;
(F) coordination among State human
services programs, and between such programs and private entities,
particularly with respect to transitions between such programs and
entities; and
(G) capacity in such programs to provide
the necessary technology-related assistance.
(7) In the current technological environment,
the line of demarcation between assistive technology and mainstream
technology is becoming ever more difficult to draw.
(8) Many individuals with disabilities
cannot access existing telecommunications and information technologies
and are at risk of not being able to access developing technologies.
The failure of Federal and State governments, hardware manufacturers,
software designers, information systems managers, and telecommunications
service providers to account for the specific needs of individuals
with disabilities in the design, manufacture, and procurement of telecommunications
and information technologies results in the exclusion of such individuals
from the use of telecommunications and information technologies and
results in unnecessary costs associated with the retrofitting of devices
and product systems.
(9) There are insufficient incentives
for Federal contractors and other manufacturers of technology to address
the application of technology advances to meet the needs of individuals
with disabilities of all ages for assistive technology devices and
assistive technology services.
(10) The use of universal design principles
reduces the need for many specific kinds of assistive technology devices
and assistive technology services by building in accommodations for
individuals with disabilities before rather than after production.
The use of universal design principles also increases the likelihood
that products (including services) will be compatible with existing
assistive technologies. These principles are increasingly important
to enhance access to information technology, telecommunications, transportation,
physical structures, and consumer products. There are insufficient
incentives for commercial manufacturers to incorporate universal design
principles into the design and manufacturing of technology products,
including devices of daily living, that could expand their immediate
use by individuals with disabilities of all ages.
(11) There are insufficient incentives
for commercial pursuit of the application of technology devices to
meet the needs of individuals with disabilities, because of the perception
that such individuals constitute a limited market.
(12) At the Federal level, the Federal
Laboratories, the National Aeronautics and Space Administration, and
other similar entities do not recognize the value of, or commit resources
on an ongoing basis to, technology transfer initiatives that would
benefit, and especially increase the independence of, individuals
with disabilities.
(13) At the Federal level, there is
a lack of coordination among agencies that provide or pay for the
provision of assistive technology devices and assistive technology
services. In addition, the Federal Government does not provide adequate
assistance and information with respect to the quality and use of
assistive technology devices and assistive technology services to
targeted individuals.
(14) There are changes in the delivery
of assistive technology devices and assistive technology services,
including--
(A) the impact of the increased prevalence
of managed care entities as payors for assistive technology devices
and assistive technology services;
(B) an increased focus on universal
design;
(C) the increased importance of assistive
technology in employment, as more individuals with disabilities
move from public assistance to work through training and on-the-job
accommodations;
(D) the role and impact that new technologies
have on how individuals with disabilities will learn about, access,
and participate in programs or services that will affect their lives;
and
(E) the increased role that telecommunications
play in education, employment, health care, and social activities.
(b) PURPOSES- The purposes of this Act
are--
(1) to provide financial assistance
to States to undertake activities that assist each State in maintaining
and strengthening a permanent comprehensive statewide program of technology-related
assistance, for individuals with disabilities of all ages, that is
designed to--
(A) increase the availability of,
funding for, access to, and provision of, assistive technology devices
and assistive technology services;
(B) increase the active involvement
of individuals with disabilities and their family members, guardians,
advocates, and authorized representatives, in the maintenance, improvement,
and evaluation of such a program;
(C) increase the involvement of individuals
with disabilities and, if appropriate, their family members, guardians,
advocates, and authorized representatives, in decisions related
to the provision of assistive technology devices and assistive technology
services;
(D) increase the provision of outreach
to underrepresented populations and rural populations, to enable
the 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 between settings of daily living
(for example, between home and work);
(H) enhance the skills and competencies
of individuals involved in providing assistive technology devices
and assistive technology services;
(I) increase awareness and knowledge
of the benefits of assistive technology devices and assistive technology
services among targeted individuals;
(J) increase the awareness of the
needs of individuals with disabilities of all ages for assistive
technology devices and for assistive technology services; and
(K) increase the capacity of public
agencies and private entities to provide and pay for assistive technology
devices and assistive technology services on a statewide basis for
individuals with disabilities of all ages;
(2) to identify Federal policies that
facilitate payment for assistive technology devices and assistive
technology services, to identify those Federal policies that impede
such payment, and to eliminate inappropriate barriers to such payment;
and
(3) to enhance the ability of the Federal
Government to--
(A) provide States with financial
assistance that supports--
(i) information and public awareness
programs relating to the provision of assistive technology devices
and assistive technology services;
(ii) improved interagency and public-private
coordination, especially through new and improved policies, that
result in increased availability of assistive technology devices
and assistive technology services; and
(iii) technical assistance and training
in the provision or use of assistive technology devices and assistive
technology services; and
(B) fund national, regional, State,
and local targeted initiatives that promote understanding of and
access to assistive technology devices and assistive technology
services for targeted individuals.
SEC. 3. DEFINITIONS AND
RULE.
(a) DEFINITIONS- In this Act:
(1) ADVOCACY SERVICES- The term `advocacy
services', except as used as part of the term `protection and advocacy
services', means services provided to assist individuals with disabilities
and their family members, guardians, advocates, and authorized representatives
in accessing assistive technology devices and assistive technology
services.
(2) ASSISTIVE TECHNOLOGY- The term `assistive
technology' means technology designed to be utilized in an assistive
technology device or assistive technology service.
(3) ASSISTIVE TECHNOLOGY DEVICE- The
term `assistive technology device' means any item, piece of equipment,
or product system, whether acquired commercially, modified, or customized,
that is used to increase, maintain, or improve functional capabilities
of individuals with disabilities.
(4) ASSISTIVE TECHNOLOGY SERVICE- The
term `assistive technology service' means any service that directly
assists an individual with a disability in the selection, acquisition,
or use of an assistive technology device. Such term includes--
(A) the evaluation of the assistive
technology needs of an individual with a disability, including a
functional evaluation of the impact of the provision of appropriate
assistive technology and appropriate services to the individual
in the customary environment of the individual;
(B) services consisting of purchasing,
leasing, or otherwise providing for the acquisition of assistive
technology devices by individuals with disabilities;
(C) services consisting of selecting,
designing, fitting, customizing, adapting, applying, maintaining,
repairing, or replacing assistive technology devices;
(D) coordination and use of necessary
therapies, interventions, or services with assistive technology
devices, such as therapies, interventions, or services associated
with education and rehabilitation plans and programs;
(E) training or technical assistance
for an individual with disabilities, or, where appropriate, the
family members, guardians, advocates, or authorized representatives
of such an individual; and
(F) training or technical assistance
for professionals (including individuals providing education and
rehabilitation services), employers, or other individuals who provide
services to, employ, or are otherwise substantially involved in
the major life functions of individuals with disabilities.
(5) CAPACITY BUILDING AND ADVOCACY ACTIVITIES-
The term `capacity building and advocacy activities' means efforts
that--
(A) result in laws, regulations, policies,
practices, procedures, or organizational structures that promote
consumer-responsive programs or entities; and
(B) facilitate and increase access
to, provision of, and funding for, assistive technology devices
and assistive technology services,
in order to empower individuals with
disabilities to achieve greater independence, productivity, and integration
and inclusion within the community and the workforce.
(6) COMPREHENSIVE STATEWIDE PROGRAM
OF TECHNOLOGY-RELATED ASSISTANCE- The term `comprehensive statewide
program of technology-related assistance' means a consumer-responsive
program of technology-related assistance for individuals with disabilities,
implemented by a State, and equally available to all individuals with
disabilities residing in the State, regardless of their type of disability,
age, income level, or location of residence in the State, or the type
of assistive technology device or assistive technology service required.
(7) CONSUMER-RESPONSIVE- The term `consumer-responsive'--
(A) with regard to policies, means
that the policies are consistent with the principles of--
(i) respect for individual dignity,
personal responsibility, self-determination, and pursuit of meaningful
careers, based on informed choice, of individuals with disabilities;
(ii) respect for the privacy, rights,
and equal access (including the use of accessible formats) of
such individuals;
(iii) inclusion, integration, and
full participation of such individuals in society;
(iv) support for the involvement
in decisions of a family member, a guardian, an advocate, or an
authorized representative, if an individual with a disability
requests, desires, or needs such involvement; and
(v) support for individual and systems
advocacy and community involvement; and
(B) with respect to an entity, program,
or activity, means that the entity, program, or activity--
(i) is easily accessible to, and
usable by, individuals with disabilities and, when appropriate,
their family members, guardians, advocates, or authorized representatives;
(ii) responds to the needs of individuals
with disabilities in a timely and appropriate manner; and
(iii) facilitates the full and meaningful
participation of individuals with disabilities (including individuals
from underrepresented populations and rural populations) and their
family members, guardians, advocates, and authorized representatives,
in--
(I) decisions relating to the
provision of assistive technology devices and assistive technology
services to such individuals; and
(II) decisions related to the
maintenance, improvement, and evaluation of the comprehensive
statewide program of technology-related assistance, including
decisions that affect advocacy, capacity building, and capacity
building and advocacy activities.
(8) DISABILITY- The term `disability'
means a condition of an individual that is considered to be a disability
or handicap for the purposes of any Federal law other than this Act
or for the purposes of the law of the State in which the individual
resides.
(9) INDIVIDUAL WITH A DISABILITY; INDIVIDUALS
WITH DISABILITIES-
(A) INDIVIDUAL WITH A DISABILITY-
The term `individual with a disability' means any individual of
any age, race, or ethnicity--
(i) who has a disability; and
(ii) who is or would be enabled
by an assistive technology device or an assistive technology service
to minimize deterioration in functioning, to maintain a level
of functioning, or to achieve a greater level of functioning in
any major life activity.
(B) INDIVIDUALS WITH DISABILITIES-
The term `individuals with disabilities' means more than 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 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.
(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;
(G) other appropriate individuals
and entities.
(15) TECHNOLOGY-RELATED ASSISTANCE-
The term `technology-related assistance' means assistance provided
through capacity building and advocacy activities that accomplish
the purposes described in any of subparagraphs (A) through (K) of
section 2(b)(1).
(16) UNDERREPRESENTED POPULATION- The
term `underrepresented population' means a population that is typically
underrepresented in service provision, and includes populations such
as persons who have low-incidence disabilities, persons who are minorities,
poor persons, persons with limited-English proficiency, older individuals,
or persons from rural areas.
(17) UNIVERSAL DESIGN- The term `universal
design' means a concept or philosophy for designing and delivering
products and services that are usable by people with the widest possible
range of functional capabilities, which include products and services
that are directly usable (without requiring assistive technologies)
and products and services that are made usable with assistive technologies.
(b) REFERENCES- References in this Act
to a provision of the Technology-Related Assistance for Individuals
With Disabilities Act of 1988 shall be considered to be references to
such provision as in effect on the day before the date of enactment
of this Act.
TITLE I--STATE GRANT PROGRAMS
SEC. 101. CONTINUITY
GRANTS FOR STATES THAT RECEIVED FUNDING FOR A LIMITED PERIOD FOR TECHNOLOGY-RELATED
ASSISTANCE.
(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.
(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).
(A) PUBLIC AWARENESS PROGRAM-
(i) IN GENERAL- The State shall
support a public awareness program designed to provide information
to targeted individuals relating to the availability and benefits
of assistive technology devices and assistive technology services.
(ii) LINK- Such a public awareness
program shall have an electronic link to the National Public Internet
Site authorized under section 104(c)(1).
(iii) CONTENTS- The public awareness
program may include--
(I) the development and dissemination
of information relating to--
(aa) the nature of assistive
technology devices and assistive technology services;
(bb) the appropriateness of,
cost of, availability of, evaluation of, and access to, assistive technology
devices and assistive technology services; and
(cc) the benefits of assistive
technology devices and assistive technology services with respect to
enhancing the capacity of individuals with disabilities of all ages
to perform activities of daily living;
(II) the development of procedures
for providing direct communication between providers of assistive
technology and targeted individuals; and
(III) the development and dissemination,
to targeted individuals, of information about State efforts
related to assistive technology.
(B) INTERAGENCY COORDINATION-
(i) IN GENERAL- The State shall
develop and promote the adoption of policies that improve access
to assistive technology devices and assistive technology services
for individuals with disabilities of all ages in the State and
that result in improved coordination among public and private
entities that are responsible or have the authority to be responsible,
for policies, procedures, or funding for, or the provision of
assistive technology devices and assistive technology services
to, such individuals.
(ii) APPOINTMENT TO CERTAIN INFORMATION
TECHNOLOGY PANELS- The State shall appoint the director of the
lead agency described in subsection (d) or the designee of the
director, to any committee, council, or similar organization created
by the State to assist the State in the development of the information
technology policy of the State.
(iii) COORDINATION ACTIVITIES- The
development and promotion described in clause (i) may include
support for--
(I) policies that result in improved
coordination, including coordination between public and private
entities--
(aa) in the application of Federal
and State policies;
(bb) in the use of resources
and services relating to the provision of assistive technology devices
and assistive technology services, including the use of interagency
agreements; and
(cc) in the improvement of access
to assistive technology devices and assistive technology services for
individuals with disabilities of all ages in the State;
(II) convening interagency work
groups, involving public and private entities, to identify,
create, or expand funding options, and coordinate access to
funding, for assistive technology devices and assistive technology
services for individuals with disabilities of all ages; or
(III) documenting and disseminating
information about interagency activities that promote coordination,
including coordination between public and private entities,
with respect to assistive technology devices and assistive technology
services.
(C) TECHNICAL ASSISTANCE AND TRAINING-
The State shall carry out directly, or provide support to public
or private entities to carry out, technical assistance and training
activities for targeted individuals, including--
(i) the development and implementation
of laws, regulations, policies, practices, procedures, or organizational
structures that promote access to assistive technology devices
and assistive technology services for individuals with disabilities
in education, health care, employment, and community living contexts,
and in other contexts such as the use of telecommunications;
(ii)(I) the development of training
materials and the conduct of training in the use of assistive
technology devices and assistive technology services; and
(II) the provision of technical
assistance, including technical assistance concerning how--
(aa) to consider the needs of
an individual with a disability for assistive technology devices
and assistive technology services in developing any individualized
plan or program authorized under Federal or State law;
(bb) the rights of targeted individuals
to assistive technology devices and assistive technology services
are addressed under laws other than this Act, to promote fuller
independence, productivity, and inclusion in and integration
into society of such individuals; or
(cc) to increase consumer participation
in the identification, planning, use, delivery, and evaluation
of assistive technology devices and assistive technology services;
and
(iii) the enhancement of the assistive
technology skills and competencies of--
(I) individuals who work for public
or private entities (including insurers and managed care providers),
who have contact with individuals with disabilities;
(II) educators and related services
personnel;
(III) technology experts (including
engineers);
(IV) health and allied health
professionals;
(VI) other appropriate personnel.
(D) OUTREACH- The State shall provide
support to statewide and community-based organizations that provide
assistive technology devices and assistive technology services to
individuals with disabilities or that assist individuals with disabilities
in using assistive technology devices and assistive technology services,
including a focus on organizations assisting individuals from underrepresented
populations and rural populations. Such support may include outreach
to consumer organizations and groups in the State to coordinate
efforts to assist individuals with disabilities of all ages and
their family members, guardians, advocates, or authorized representatives,
to obtain funding for, access to, and information on evaluation
of assistive technology devices and assistive technology services.
(3) DISCRETIONARY ACTIVITIES-
(A) ALTERNATIVE STATE-FINANCED SYSTEMS-
The State may support activities to increase access to, and funding
for, assistive technology devices and assistive technology services,
including--
(i) the development of systems that
provide assistive technology devices and assistive technology
services to individuals with disabilities of all ages, and that
pay for such devices and services, such as--
(I) the development of systems
for the purchase, lease, other acquisition, or payment for the
provision, of assistive technology devices and assistive technology
services; or
(II) the establishment of alternative
State or privately financed systems of subsidies for the provision
of assistive technology devices and assistive technology services,
such as--
(aa) a low-interest loan fund;
(bb) an interest buy-down program;
(cc) a revolving loan fund;
(dd) a loan guarantee or insurance
program;
(ee) a program operated by a
partnership among private entities for the purchase, lease, or other
acquisition of assistive technology devices or assistive technology
services; or
(ff) another mechanism that meets
the requirements of title III and is approved by the Secretary;
(ii) the short-term loan of assistive
technology devices to individuals, employers, public agencies,
or public accommodations seeking strategies to comply with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
or
(iii) the maintenance of information
about, and recycling centers for, the redistribution of assistive
technology devices and equipment, which may include redistribution
through device and equipment loans, rentals, or gifts.
(B) DEMONSTRATIONS- The State, in
collaboration with other entities in established, recognized community
settings (such as nonprofit organizations, libraries, schools, community-based
employer organizations, churches, and entities operating senior
citizen centers, shopping malls, and health clinics), may demonstrate
assistive technology devices in settings where targeted individuals
can see and try out assistive technology devices, and learn more
about the devices from personnel who are familiar with such devices
and their applications or can be referred to other entities who
have information on the devices.
(C) OPTIONS FOR SECURING DEVICES AND
SERVICES- The State, through public agencies or nonprofit organizations,
may support assistance to individuals with disabilities and their
family members, guardians, advocates, and authorized representatives
about options for securing assistive technology devices and assistive
technology services that would meet individual needs for such assistive
technology devices and assistive technology services. Such assistance
shall not include direct payment for an assistive technology device.
(D) TECHNOLOGY-RELATED INFORMATION-
(i) IN GENERAL- The State may operate
and expand a system for public access to information concerning
an activity carried out under another paragraph of this subsection,
including information about assistive technology devices and assistive
technology services, funding sources and costs of such devices
and services, and individuals, organizations, and agencies capable
of carrying out such an activity for individuals with disabilities.
The system shall be part of, and complement the information that
is available through a link to, the National Public Internet Site
described in section 104(c)(1).
(ii) ACCESS- Access to the system
may be provided through community-based locations, including public
libraries, centers for independent living (as defined in section
702 of the Rehabilitation Act of 1973), locations of community
rehabilitation programs (as defined in section 7 of such Act),
schools, senior citizen centers, State vocational rehabilitation
offices, other State workforce offices, and other locations frequented
or used by the public.
(iii) INFORMATION COLLECTION AND
PREPARATION- In operating or expanding a system described in subparagraph
(A), the State may--
(I) develop, compile, and categorize
print, large print, braille, audio, and video materials, computer
disks, compact discs (including compact discs formatted with
read-only memory), information in alternative formats that can
be used in telephone-based information systems, and materials
using such other media as technological innovation may make
appropriate;
(II) identify and classify funding
sources for obtaining assistive technology devices and assistive
technology services, and the conditions of and criteria for
access to such sources, including any funding mechanisms or
strategies developed by the State;
(III) identify support groups
and systems designed to help individuals with disabilities make
effective use of an activity carried out under another paragraph
of this subsection, including groups that provide evaluations
of assistive technology devices and assistive technology services;
and
(IV) maintain a record of the
extent to which citizens of the State use or make inquiries
of the system established in clause (i), and of the nature of
such inquiries.
(E) INTERSTATE ACTIVITIES-
(i) IN GENERAL- The State may enter
into cooperative agreements with other States to expand the capacity
of the States involved to assist individuals with disabilities
of all ages to learn about, acquire, use, maintain, adapt, and
upgrade assistive technology devices and assistive technology
services that such individuals need at home, at school, at work,
or in other environments that are part of daily living.
(ii) ELECTRONIC COMMUNICATION- The
State may operate or participate in an electronic information
exchange through which the State may communicate with other States
to gain technical assistance in a timely fashion and to avoid
the duplication of efforts already undertaken in other States.
(F) PARTNERSHIPS AND COOPERATIVE INITIATIVES-
The State may support partnerships and cooperative initiatives between
the public sector and the private sector to promote greater participation
by business and industry in--
(i) the development, demonstration,
and dissemination of assistive technology devices; and
(ii) the ongoing provision of information
about new products to assist individuals with disabilities.
(G) EXPENSES- The State may pay for
expenses, including travel expenses, and services, including services
of qualified interpreters, readers, and personal care assistants,
that may be necessary to ensure access to the comprehensive statewide
program of technology-related assistance by individuals with disabilities
who are determined by the State to be in financial need and not
eligible for such payments or services through another public agency
or private entity.
(H) ADVOCACY SERVICES- The State may
provide advocacy services.
(c) AMOUNT OF FINANCIAL ASSISTANCE-
(1) GRANTS TO OUTLYING AREAS- From the
funds appropriated under section 105(a) and reserved under section
105(b)(1)(A) for any fiscal year for grants under this section, the
Secretary shall make a grant in an amount of not more than $105,000
to each eligible outlying area.
(2) GRANTS TO STATES- From the funds
described in paragraph (1) that are not used to make grants under
paragraph (1), the Secretary shall make grants to States in accordance
with the requirements described in paragraph (3).
(3) CALCULATION OF STATE GRANTS-
(A) CALCULATIONS FOR GRANTS IN THE
SECOND OR THIRD YEAR OF A SECOND EXTENSION GRANT- For any fiscal
year, the Secretary shall calculate the amount of a grant under
paragraph (2) for each eligible State that would be in the second
or third year of a second extension grant made under section 103
of the Technology-Related Assistance for Individuals With Disabilities
Act of 1988, if that Act had been reauthorized for that fiscal year.
(B) CALCULATIONS FOR GRANTS IN THE
FOURTH OR FIFTH YEAR OF A SECOND EXTENSION GRANT-
(i) FOURTH YEAR- An eligible State
that would have been in the fourth year of a second extension
grant made under section 103 of the Technology-Related Assistance
for Individuals With Disabilities Act of 1988 during a fiscal
year, if that Act had been reauthorized for that fiscal year,
shall receive under paragraph (2) a grant in an amount equal to
75 percent of the funding that the State received in the prior
fiscal year under section 103 of that Act or under this section,
as appropriate.
(ii) FIFTH YEAR- An eligible State
that would have been in the fifth year of a second extension grant
made under section 103 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 during a fiscal year,
if that Act had been reauthorized for that fiscal year, shall
receive under paragraph (2) a grant in an amount equal to 50 percent
of the funding that the State received in the third year of a
second extension grant under section 103 of that Act or under
this section, as appropriate.
(C) PROHIBITION ON FUNDS AFTER FIFTH
YEAR OF A SECOND EXTENSION GRANT- Except as provided in subsection
(f), an eligible State that would have been in the fifth year of
a second extension grant made under section 103 of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 during
a fiscal year, if that Act had been reauthorized for that fiscal
year, may not receive any Federal funds under this title for any
fiscal year after such fiscal year.
(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.
(A) IN GENERAL- To be eligible to
receive a grant under this section, a State shall designate a lead
agency to carry out appropriate State functions under this section.
The lead agency shall be the current agency (as of the date of submission
of the application supplement described in subsection (e)) administering
the grant awarded to the State for fiscal year 1998 under title
I of the Technology-Related Assistance for Individuals With Disabilities
Act of 1988, except as provided in subparagraph (B).
(B) CHANGE IN AGENCY- The Governor
may change the lead agency if the Governor shows good cause to the
Secretary why the designated lead agency should be changed, in the
application supplement described in subsection (e), and obtains
approval of the supplement.
(2) DUTIES OF THE LEAD AGENCY- The duties
of the lead agency shall include--
(A) submitting the application supplement
described in subsection (e) on behalf of the State;
(B) administering and supervising
the use of amounts made available under the grant received by the
State under this section;
(C)(i) coordinating efforts related
to, and supervising the preparation of, the application supplement
described in subsection (e);
(ii) continuing the coordination of
the maintenance and evaluation of the comprehensive statewide program
of technology-related assistance among public agencies and between
public agencies and private entities, including coordinating efforts
related to entering into interagency agreements; and
(iii) continuing the coordination
of efforts, especially efforts carried out with entities that provide
protection and advocacy services described in section 102, related
to the active, timely, and meaningful participation by individuals
with disabilities and their family members, guardians, advocates,
or authorized representatives, and other appropriate individuals,
with respect to activities carried out under the grant; and
(D) the delegation, in whole or in
part, of any responsibilities described in subparagraph (A), (B),
or (C) to 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--
(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--
(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)
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.
(1) IN GENERAL- On the appropriation
of funds under section 105, the Secretary shall make a grant to an
entity in each State to support protection and advocacy services through
the systems established to provide protection and advocacy services
under the Developmental Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6000 et seq.) for the purposes of assisting in the
acquisition, utilization, or maintenance of assistive technology or
assistive technology services for individuals with disabilities.
(2) CERTAIN STATES- Notwithstanding
paragraph (1), for a State that, on the day before the date of enactment
of this Act, was described in section 102(f)(1) of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988, the Secretary
shall make the grant to the lead agency designated under section 101(d).
The lead agency shall determine how the funds made available under
this section shall be divided among the entities that were providing
protection and advocacy services in that State on that day, and distribute
the funds to the entities. In distributing the funds, the lead agency
shall not establish any further eligibility or procedural requirements
for an entity in that State that supports protection and advocacy
services through the systems established to provide protection and
advocacy services under the Developmental Disabilities Assistance
and Bill of Rights Act (42 U.S.C. 6000 et seq.). Such an entity shall
comply with the same requirements (including reporting and enforcement
requirements) as any other entity that receives funding under paragraph
(1).
(3) PERIODS- The Secretary shall provide
assistance through such a grant to a State for 6 years.
(b) AMOUNT OF FINANCIAL ASSISTANCE-
(1) GRANTS TO OUTLYING AREAS- From the
funds appropriated under section 105(a) and reserved under section
105(b)(1)(A) for any fiscal year, the Secretary shall make a grant
in an amount of not more than $30,000 to each eligible system within
an outlying area.
(2) GRANTS TO STATES- For any fiscal
year, after reserving funds to make grants under paragraph (1), the
Secretary shall make allotments from the remainder of the funds described
in paragraph (1) in accordance with paragraph (3) to eligible systems
within States to support protection and advocacy services as described
in subsection (a). The Secretary shall make grants to the eligible
systems from the allotments.
(3) SYSTEMS WITHIN STATES-
(A) POPULATION BASIS- Except as provided
in subparagraph (B), from such remainder for each fiscal year, the
Secretary shall make an allotment to the eligible system within
a State of an amount bearing the same ratio to such remainder as
the population of the State bears to the population of all States.
(B) MINIMUMS- Subject to the availability
of appropriations to carry out this section, the allotment to any
system under subparagraph (A) shall be not less than $50,000, and
the allotment to any system under this paragraph for any fiscal
year that is less than $50,000 shall be increased to $50,000.
(4) REALLOTMENT- Whenever the Secretary
determines that any amount of an allotment under paragraph (3) to
a system within a State for any fiscal year will not be expended by
such system in carrying out the provisions of this section, the Secretary
shall make such amount available for carrying out the provisions of
this section to 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.
(d) REPORTS AND UPDATES TO STATE AGENCIES-
An entity that receives a grant under this section shall prepare and
submit to the lead agency the report described in subsection (c) and
quarterly updates concerning the activities described in subsection
(c).
(e) COORDINATION- On making a grant under
this section to an entity in a State, the Secretary shall solicit and
consider the opinions of the lead agency of the State designated under
section 101(d) with respect to efforts at coordination, collaboration,
and promoting outcomes between the lead agency and the entity that receives
the grant under this section.
SEC. 103. ADMINISTRATIVE
PROVISIONS.
(a) REVIEW OF PARTICIPATING ENTITIES-
(1) IN GENERAL- The Secretary shall
assess the extent to which entities that receive grants pursuant to
this title are complying with the applicable requirements of this
title and achieving the goals that are consistent with the requirements
of the grant programs under which the entities applied for the grants.
(2) ONSITE VISITS OF STATES RECEIVING
CERTAIN GRANTS-
(A) IN GENERAL- The Secretary shall
conduct an onsite visit for each State that receives a grant under
section 101 and that would have been in the third or fourth year
of a second extension grant under the Technology-Related Assistance
for Individuals With Disabilities Act of 1988 if that Act had been
reauthorized for that fiscal year, prior to the end of that year.
(B) UNNECESSARY VISITS- The Secretary
shall not be required to conduct a visit of a State described in
subparagraph (A) if the Secretary determines that the visit is not
necessary to assess whether the State is making significant progress
toward development and implementation of a comprehensive statewide
program of technology-related assistance.
(3) ADVANCE PUBLIC NOTICE- The Secretary
shall provide advance public notice of an onsite visit conducted under
paragraph (2) and solicit public comment through such notice from
targeted individuals, regarding State goals and related activities
to achieve such goals funded through a grant made under section 101.
(4) MINIMUM REQUIREMENTS- At a minimum,
the visit shall allow the Secretary to determine the extent to which
the State is making progress in meeting State goals and maintaining
a comprehensive statewide program of technology-related assistance
consistent with the purposes described in section 2(b)(1).
(5) PROVISION OF INFORMATION- To assist
the Secretary in carrying out the responsibilities of the Secretary
under this section, the Secretary may require States to provide relevant
information.
(b) CORRECTIVE ACTION AND SANCTIONS-
(1) CORRECTIVE ACTION- If the Secretary
determines that an entity fails to substantially comply with the requirements
of this title with respect to a grant program, the Secretary shall
assist the entity through technical assistance funded under section
104 or other means, within 90 days after such determination, to develop
a corrective action plan.
(2) SANCTIONS- An entity that fails
to develop and comply with a corrective action plan as described in
paragraph (1) during a fiscal year shall be subject to 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.
(1) IN GENERAL- Not later than December
31 of each year, the Secretary shall prepare, and submit to the President
and to Congress, a report on the activities funded under this Act,
to improve the access of individuals with disabilities to assistive
technology devices and assistive technology services.
(2) CONTENTS- Such report shall include
information on--
(A) the demonstrated successes of
the funded activities in improving interagency coordination relating
to assistive technology, streamlining access to funding for assistive
technology, and producing beneficial outcomes for users of assistive
technology;
(B) the demonstration activities carried
out through the funded activities to--
(i) promote access to such funding
in public programs that were in existence on the date of the initiation
of the demonstration activities; and
(ii) establish additional options
for obtaining such funding;
(C) the education and training activities
carried out through the funded activities to educate and train targeted
individuals about assistive technology, including increasing awareness
of funding through public programs for assistive technology;
(D) the research activities carried
out through the funded activities to improve understanding of the
costs and benefits of access to assistive technology for individuals
with disabilities who represent a variety of ages and types of disabilities;
(E) the program outreach activities
to rural and inner-city areas that are carried out through the funded
activities;
(F) the activities carried out through
the funded activities that are targeted to reach underrepresented
populations and rural populations; and
(G) the consumer involvement activities
carried out through the funded activities.
(3) AVAILABILITY OF ASSISTIVE TECHNOLOGY
DEVICES AND ASSISTIVE TECHNOLOGY SERVICES- As soon as practicable,
the Secretary shall include in the annual report required by this
subsection information on the availability of assistive technology
devices and assistive technology services.
(d) EFFECT ON OTHER ASSISTANCE- This title
may not be construed as authorizing a Federal or a State agency to reduce
medical or other assistance available, or to alter eligibility for a
benefit or service, under any other Federal law.
SEC. 104. TECHNICAL
ASSISTANCE PROGRAM.
(a) IN GENERAL- Through grants, contracts,
or cooperative agreements, awarded on a competitive basis, the Secretary
is authorized to fund a technical assistance program to provide technical
assistance to entities, principally entities funded under section 101
or 102.
(b) INPUT- In designing the program to
be funded under this section, and in deciding the differences in function
between national and regionally based technical assistance efforts carried
out through the program, the Secretary shall consider the input of the
directors of comprehensive statewide programs of technology-related
assistance and other individuals the Secretary determines to be appropriate,
especially--
(1) individuals with disabilities who
use assistive technology and understand the barriers to the acquisition
of such technology and assistive technology services;
(2) family members, guardians, advocates,
and authorized representatives of such individuals; and
(3) individuals employed by protection
and advocacy systems funded under section 102.
(c) SCOPE OF TECHNICAL ASSISTANCE-
(1) NATIONAL PUBLIC INTERNET SITE-
(A) ESTABLISHMENT OF INTERNET SITE-
The Secretary shall fund the establishment and maintenance of a
National Public Internet Site for the purposes of providing to individuals
with disabilities and the general public technical assistance and
information on increased access to assistive technology devices,
assistive technology services, and other disability-related resources.
(B) ELIGIBLE ENTITY- To be eligible
to receive a grant or enter into a contract or cooperative agreement
under subsection (a) to establish and maintain the Internet site,
an entity shall be an institution of higher education that emphasizes
research and engineering, has a multidisciplinary research center,
and has demonstrated expertise in--
(i) working with assistive technology
and intelligent agent interactive information dissemination systems;