As finally approved by the House and Senate (Enrolled)
SECTION 1. SHORT TITLE; TABLE OF CONTENTS(a) Short Title.--This Act may be cited as the "Assistive Technology Act of 1998".(b) Table of Contents.--The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions and rule.
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.
Sec. 301. General authority.
Sec. 302. Amount of grants.
Sec. 303. Applications and procedures.
Sec. 304. Contracts with community-based organizations.
Sec. 305. Grant administration requirements.
Sec. 306. Information and technical assistance.
Sec. 307. Annual report.
Sec. 308. Authorization of appropriations.
TITLE IV--REPEAL AND CONFORMING AMENDMENTS
Sec. 401. Repeal.
Sec. 402. Conforming amendments.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1)
Disability is a natural part of the human experience and in no
way diminishes the right of individuals
to--
(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.
(13) State.--
(A) In general.--Except as provided in subparagraph (B) and
section 302, the
term "State" means each of the several States of the
United States, the
District of Columbia, the Commonwealth of Puerto
Rico, the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of
the Northern Mariana Islands.
(B) Outlying areas.--In sections 101(c) and 102(b):
(i) Outlying area.--The term "outlying area" means the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands.
(ii) State.--The term "State" does not include the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands.
(14) Targeted individuals.--The term "targeted individuals" means--
(A) individuals with disabilities of all ages and their family
members, guardians,
advocates, and authorized representatives;
(B) individuals who work for public or private entities
(including
insurers or managed care providers), that have contact
with individuals
with disabilities;
(C) educators and related services personnel;
(D) technology experts (including engineers);
(E) health and allied health professionals;
(F) employers; and
(G) other appropriate individuals and entities.
(15)
Technology-related assistance.--The term "technology-related
assistance" means assistance provided through
capacity building and
advocacy activities that accomplish the
purposes described in any of
subparagraphs (A) through (K) of section
2(b)(1).
(16)
Underrepresented population.--The term "underrepresented
population" means a population that is typically
underrepresented in
service provision, and includes populations
such as persons who have low-
incidence disabilities, persons who are
minorities, poor persons, persons
with limited-English proficiency, older individuals,
or persons from
rural areas.
(17)
Universal design.--The term "universal design" means a concept
or philosophy for designing and delivering
products and services that are
usable by people with the widest possible
range of functional
capabilities, which include products and
services that are directly
usable (without requiring assistive technologies)
and products and
services that are made usable with assistive
technologies.
(b) References.--References
in this Act to a provision of the Technology-
Related Assistance for Individuals With Disabilities Act of 1988
shall be
considered to be references to such provision as in effect on the
day before
the date of enactment of this Act.
TITLE I--STATE GRANT PROGRAMS
SEC. 101. CONTINUITY GRANTS FOR STATES THAT RECEIVED
FUNDING FOR A LIMITED
PERIOD FOR TECHNOLOGY-RELATED ASSISTANCE.
(a) Grants to States.--
(1)
In general.--The Secretary shall award grants, in accordance with
this section, to eligible States to support
capacity building and
advocacy activities, designed to assist
the States in maintaining
permanent comprehensive statewide programs
of technology-related
assistance that accomplish the purposes
described in section 2(b)(1).
(2)
Eligible states.--To be eligible to receive a grant under this
section a State shall be a State that received
grants for less than 10
years under title I of the Technology-Related
Assistance for Individuals
With Disabilities Act of 1988.
(b) Use of Funds.--
(1)
In general.--Any State that receives a grant under this section
shall use the funds made available through
the grant to carry out the
activities described in paragraph (2) and
may use the funds to carry out
the activities described in paragraph (3).
(2) Required activities.--
(A) Public awareness program.--
(i) In general.--The State shall support a public awareness
program designed to provide information to targeted individuals
relating to the availability and benefits of assistive technology
devices and assistive technology services.
(ii) Link.--Such a public awareness program shall have an
electronic link to the National Public Internet Site authorized
under section 104(c)(1).
(iii) Contents.--The public awareness program may include--
(I) the development and dissemination of information
relating to--
(aa) the nature of assistive technology devices and
assistive technology services;
(bb) the appropriateness of, cost of, availability
of, evaluation of, and access to, assistive technology
devices and assistive technology services; and
(cc) the benefits of assistive technology devices and
assistive technology services with respect to enhancing
the capacity of individuals with disabilities of all ages
to perform activities of daily living;
(II) the development of procedures for providing direct
communication between providers of assistive technology and
targeted individuals; and
(III) the development and dissemination, to targeted
individuals, of information about State efforts related to
assistive technology.
(B) Interagency coordination.--
(i) In general.--The State shall develop and promote the
adoption of policies that improve access to assistive technology
devices and assistive technology services for individuals with
disabilities of all ages in the State and that result in improved
coordination among public and private entities that are
responsible or have the authority to be responsible, for
policies, procedures, or funding for, or the provision of
assistive technology devices and assistive technology services
to, such individuals.
(ii) Appointment to certain information technology panels.--
The State shall appoint the director of the lead agency described
in subsection (d) or the designee of the director, to any
committee, council, or similar organization created by the State
to assist the State in the development of the information
technology policy of the State.
(iii) Coordination activities.--The development and promotion
described in clause (i) may include support for--
(I) policies that result in improved coordination,
including coordination between public and private entities--
(aa) in the application of Federal and State
policies;
(bb) in the use of resources and services relating to
the provision of assistive technology devices and
assistive technology services, including the use of
interagency agreements; and
(cc) in the improvement of access to assistive
technology devices and assistive technology services for
individuals with disabilities of all ages in the State;
(II) convening interagency work groups, involving public
and private entities, to identify, create, or expand funding
options, and coordinate access to funding, for assistive
technology devices and assistive technology services for
individuals with disabilities of all ages; or
(III) documenting and disseminating information about
interagency activities that promote coordination, including
coordination between public and private entities, with
respect to assistive technology devices and assistive
technology services.
(C) Technical assistance and training.--The State shall carry out
directly,
or provide support to public or private entities to carry
out, technical
assistance and training activities for targeted
individuals, including--
(i) the development and implementation of laws, regulations,
policies, practices, procedures, or organizational structures
that promote access to assistive technology devices and assistive
technology services for individuals with disabilities in
education, health care, employment, and community living
contexts, and in other contexts such as the use of
telecommunications;
(ii)(I) the development of training materials and the conduct
of training in the use of assistive technology devices and
assistive technology services; and
(II) the provision of technical assistance, including
technical assistance concerning how--
(aa) to consider the needs of an individual with a
disability for assistive technology devices and assistive
technology services in developing any individualized plan or
program authorized under Federal or State law;
(bb) the rights of targeted individuals to assistive
technology devices and assistive technology services are
addressed under laws other than this Act, to promote fuller
independence, productivity, and inclusion in and integration
into society of such individuals; or
(cc) to increase consumer participation in the
identification, planning, use, delivery, and evaluation of
assistive technology devices and assistive technology
services; and
(iii) the enhancement of the assistive technology skills and
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contact with individuals with disabilities;
(II) educators and related services personnel;
(III) technology experts (including engineers);
(IV) health and allied health professionals;
(V) employers; and
(VI) other appropriate personnel.
(D) Outreach.--The State shall provide support to statewide and
community-based
organizations that provide assistive technology
devices and assistive
technology services to individuals with
disabilities or
that assist individuals with disabilities in using
assistive technology
devices and assistive technology services,
including a focus
on organizations assisting individuals from
underrepresented
populations and rural populations. Such support may
include outreach
to consumer organizations and groups in the State to
coordinate efforts
to assist individuals with disabilities of all
ages and their family
members, guardians, advocates, or authorized
representatives,
to obtain funding for, access to, and information on
evaluation of assistive
technology devices and assistive technology
services.
(3) Discretionary activities.--
(A) Alternative state-financed systems.--The State may support
activities to increase
access to, and funding for, assistive
technology devices
and assistive technology services, including--
(i) the development of systems that provide assistive
technology devices and assistive technology services to
individuals with disabilities of all ages, and that pay for such
devices and services, such as--
(I) the development of systems for the purchase, lease,
other acquisition, or payment for the provision, of assistive
technology devices and assistive technology services; or
(II) the establishment of alternative State or privately
financed systems of subsidies for the provision of assistive
technology devices and assistive technology services, such
as--
(aa) a low-interest loan fund;
(bb) an interest buy-down program;
(cc) a revolving loan fund;
(dd) a loan guarantee or insurance program;
(ee) a program operated by a partnership among
private entities for the purchase, lease, or other
acquisition of assistive technology devices or assistive
technology services; or
(ff) another mechanism that meets the requirements of
title III and is approved by the Secretary;
(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 seINDX( ��T ( � � r "G � � !G jD�� jD������)��&Y;���� i #C r e a t e P r o c e d u r e B a s i c T e m p l a t e . t q l #G � � !G K:�� K:��
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��)��^����� or third year of a second extension
grant made under
section 103 of the Technology-Related Assistance for
Individuals With
Disabilities Act of 1988, if that Act had been
reauthorized for
that fiscal year.
(B) Calculations for grants in the fourth or fifth year of a
second extension
grant.--
(i) Fourth year.--An eligible State that would have been in
the fourth year of a second extension grant made under section
103 of the Technology-Related Assistance for Individuals With
Disabilities Act of 1988 during a fiscal year, if that Act had
been reauthorized for that fiscal year, shall receive under
paragraph (2) a grant in an amount equal to 75 percent of the
funding that the State received in the prior fiscal year under
section 103 of that Act or under this section, as appropriate.
(ii) Fifth year.--An eligible State that would have been in
the fifth year of a second extension grant made under section 103
of the Technology-Related Assistance for Individuals With
Disabilities Act of 1988 during a fiscal year, if that Act had
been reauthorized for that fiscal year, shall receive under
paragraph (2) a grant in an amount equal to 50 percent of the
funding that the State received in the third year of a second
extension grant under section 103 of that Act or under this
section, as appropriate.
(C) Prohibition on funds after fifth year of a second extension
grant.--Except as
provided in subsection (f), an eligible State that
would have
been in the fifth year of a second extension grant made
under section 103
of the Technology-Related Assistance for
Individuals With
Disabilities Act of 1988 during a fiscal year, if
that Act had been
reauthorized for that fiscal year, may not receive
any Federal funds
under this title for any fiscal year after such
fiscal year.
(D) Additional states.--
(i) In general.--For purposes of this paragraph, the
Secretary shall treat a State described in clause (ii)--
(I) for fiscal years 1999 through 2001, as if the State
were a State described in subparagraph (A); and
(II) for fiscal year 2002 or 2003, as if the State were a
State described in clause (i) or (ii), respectively, of
subparagraph (B).
(ii) State.--A State referred to in clause (i) shall be a
State that--
(I) in fiscal year 1998, was in the second year of an
initial extension grant made under section 103 of the
Technology-Related Assistance for Individuals With
Disabilities Act of 1988; and
(II) meets such terms and conditions as the Secretary
shall determine to be appropriate.
(d) Lead Agency.--
(1) Identification.--
(A) In general.--To be eligible to receive a grant under this
section, a State
shall designate a lead agency to carry out
appropriate
State functions under this section. The lead agency shall
be the current
agency (as of the date of submission of the
application
supplement described in subsection (e)) administering the
grant awarded
to the State for fiscal year 1998 under title I of the
Technology-Related
Assistance for Individuals With Disabilities Act
of 1988, except
as provided in subparagraph (B).
(B) Change in agency.--The Governor may change the lead agency if
the Governor shows
good cause to the Secretary why the designated
lead agency should
be changed, in the application supplement
described in subsection
(e), and obtains approval of the supplement.
(2)
Duties of the lead agency.--The duties of the lead agency shall
include--
(A) submitting the application supplement described in subsection
(e) on behalf of
the State;
(B) administering and supervising the use of amounts made
available under
the grant received by the State under this section;
(C)(i) coordinating efforts related to, and supervising the
preparation of,
the application supplement described in subsection
(e);
(ii) continuing the coordination of the maintenance and
evaluation of the
comprehensive statewide program of technology-
related assistance
among public agencies and between public agencies
and private entities,
including coordinating efforts related to
entering into interagency
agreements; and
(iii) continuing the coordination of efforts, especially efforts
carried out with
entities that provide protection and advocacy
services described
in section 102, related to the active, timely, and
meaningful participation
by individuals with disabilities and their
family members,
guardians, advocates, or authorized representatives,
and other
appropriate individuals, with respect to activities carried
out under the grant;
and
(D) the delegation, in whole or in part, of any responsibilities
described in subparagraph
(A), (B), or (C) to 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;
(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.
(a) Grants to States.--
(1)
In general.--On the appropriation of funds under section 105, the
Secretary shall make a grant to an entity
in each State to support
protection and advocacy services through
the systems established to
provide protection and advocacy services
under the Developmental
Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6000 et seq.)
for the purposes of assisting in the acquisition,
utilization, or
maintenance of assistive technology or assistive
technology services for
individuals with disabilities.
(2)
Certain states.--Notwithstanding paragraph (1), for a State that,
on the day before the date of enactment
of this Act, was described in
section 102(f)(1) of the Technology-Related
Assistance for Individuals
With Disabilities Act of 1988, the Secretary
shall make the grant to the
lead agency designated under section 101(d).
The lead agency shall
determine how the funds made available under
this section shall be
divided among the entities that were providing
protection and advocacy
services in that State on that day, and
distribute the funds to the
entities. In distributing the funds, the
lead agency shall not establish
any further eligibility or procedural requirements
for an entity in that
State that supports protection and advocacy
services through the systems
established to provide protection and advocacy
services under the
Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C.
6000 et seq.). Such an entity shall comply
with the same requirements
(including reporting and enforcement requirements)
as any other entity
that receives funding under paragraph (1).
(3)
Periods.--The Secretary shall provide assistance through such a
grant to a State for 6 years.
(b) Amount of Financial Assistance.--
(1)
Grants to outlying areas.--From the funds appropriated under
section 105(a) and reserved under section
105(b)(1)(A) for any fiscal
year, the Secretary shall make a grant in
an amount of not more than
$30,000 to each eligible system within an
outlying area.
(2)
Grants to states.--For any fiscal year, after reserving funds to
make grants under paragraph (1), the Secretary
shall make allotments from
the remainder of the funds described in
paragraph (1) in accordance with
paragraph (3) to eligible systems within
States to support protection and
advocacy services as described in subsection
(a). The Secretary shall
make grants to the eligible systems from
the allotments.
(3) Systems within states.--
(A) Population basis.--Except as provided in subparagraph (B),
from such remainder
for each fiscal year, the Secretary shall make an
allotment to the
eligible system within a State of an amount bearing
the same ratio to
such remainder as the population of the State bears
to the population
of all States.
(B) Minimums.--Subject to the availability of appropriations to
carry out this section,
the allotment to any system under
subparagraph (A)
shall be not less than $50,000, and the allotment to
any system under
this paragraph for any fiscal year that is less than
$50,000 shall be
increased to $50,000.
(4)
Reallotment.--Whenever the Secretary determines that any amount
of an allotment under paragraph (3) to a
system within a State for any
fiscal year will not be expended by such
system in carrying out the
provisions of this section, the Secretary
shall make such amount
available for carrying out the provisions
of this section to 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 p