the full text of the bill is at the end of the post. Search for it using
a line of dashes (---).
kelly
Remarks by MORELLA (R-MD) on H.R. 4063 and S. 2173
THE ASSISTIVE AND UNIVERSALLY DESIGNED TECHNOLOGY IMPROVEMENT ACT FOR
INDIVIDUALS WITH DISABILITIES [CR page E-1141, 118 lines]
Attributed to MORELLA (R-MD)
THE ASSISTIVE AND UNIVERSALLY DESIGNED TECHNOLOGY IMPROVEMENT ACT FOR
INDIVIDUALS WITH DISABILITIES
----------
HON. CONSTANCE A. MORELLA
OF MARYLAND
IN THE HOUSE OF REPRESENTATIVES
Tuesday, June 16, 1998
Mrs. MORELLA. Mr. Speaker, I am pleased today to introduce H.R. 4063, the
Assistive and Universally Designed Technology Improvement Act for Individuals
with Disabilities. H.R. 4063 is the House companion bill to S. 2173 offered by
my distinguished Senate colleague from Missouri, Mr. Bond.
Last July, my Technology Subcommittee held a hearing focusing on the
transfer of federal technologies to meet the needs of those with disabled
conditions. We learned from the hearing that these technologies, known as
"assistive technologies" are being used to increase, maintain, and improve
the functional capabilities of individuals with disabilities.
Assistive technologies is a device, whether acquired commercially, off-the-
shelf, modified, or customized, that is used to increase, maintain, or
improve the functional capabilities of individuals with disabilities.
Examples of assistive technologies, which provide for more independent,
productive, and enjoyable living, can be simple or complex. It ranges from:
Velcro, adapted clothing and toys, computers, seating systems, powered
mobility, augmentative communication devices, special switches, assisted
listening devices, visual aids, memory prosthetics, to thousands of other
commercially available or adapted items. As examples, it can be: a computer
that can be used by an individual with Cerebral Palsy, a motor scooter, a
hearing aid for an individual who is aging, or enhanced voice recognition for
someone with Multiple Sclerosis.
Assistive technologies provide a disabled individual the means to function
better in the workplace or the home. This technology, which aids Americans
with physical or mental disabilities, improves the end users' quality of life
and provides a means for acquiring a job. For the 49 million people in the
United States who have disabilities, as well as for Americans who are able
bodied, assistive technologies have yielded a tremendous number of quality of
life enhancements.
These technology solutions improve an individual's ability to learn,
compete, work and interact with family and friends. People use assistive
technology to achieve greater independence and to enhance the quality of
their lives.
A preliminary study on the impact and benefits of assistive technologies
was conducted by the National Council on Disability in 1993. Surveyed were
136 individuals with disabilities to evaluate the costs and benefits
associated with the use of different kinds of technology-related assistance.
The individuals were from four age groups and the results indicate a
significant impact of assistive technologies on many aspects of the
respondents lives, including: the majority of infants with disabilities
benefited by having fewer health problems; nearly 75% of school age children
were able to remain in a regular classroom, and 45% were able to reduce their
use of school-related services; 65% of working-age persons were able to
reduce dependence on family members, 58% were able to reduce dependence on
paid assistance, and 37% were able to increase earnings. Among elderly
persons, 80% were able to reduce dependence on others, half were able to
reduce dependency on paid persons, and half were able to avoid entering a
nursing home.
As a result of our July hearing, the Technology Subcommittee was impressed
with the need for a greater emphasis to develop assistive technologies. Yet,
the area of assistive technology is greatly overlooked by the Federal
Government and the private sector. While the importance of assistive
technologies spans age and disability classifications, assistive technology
does not maintain the recognition in the Federal Government necessary to
provide important assistance for research and development programs or to
individuals with disabilities.
The private sector generally lacks adequate incentives to produce assistive
technologies and end-users lack adequate resources to acquire assistive
technology. It is also believed that there are insufficient links between
federally funded assistive technology research and development programs and
the private sector entities responsible for translating research and
development into significant new products in the marketplace for end-users.
H.R. -- provides federally supported incentives in all areas of assistive
and universally designed technology, including need identification, research
and development, product evaluation, technology transfer, and
commercialization. These incentives achieve the goal of improving the
quality, functional capability, distribution, and affordability of this
essential technology. The legislation seeks to:
Improve the peer review process at the National Institute on Disability
Research and Rehabilitation (NIDRR) at the Department of Education. These
improvements would provide greater assistive and universally designed
technology products to the marketplace, increase small business involvement
in research and development, and assure research and development efforts
would cover all disability groups including persons with physical and mental
disabilities, as well as the aging and rural technology users.
Augment technology transfer by improving the role of the Interagency
Committee on Disability Research (ICDR) to increase its authority,
accountability and ability to coordinate. Provisions are included for the
increased usage of the Federal labs to improve coordination with all Federal
agencies involved in assistive and universally designed technology research
and development and for providing public and private sector partnerships for
assistive and universally designed technology research and development.
Increase the market for assistive technology by clarifying Title III of the
Tech Act for the Microloan program. This microloan program assists disabled
persons in obtaining assistive and universally designed technology.
Authorizes funding for the Interagency Committee on Disability Research to
hire staff and for operating costs associated with issuing surveys and
reports and to the National Institute on Disability Research and
Rehabilitation to provide for assistive and universally designed technology
research and development.
Increase access to assistive and universally designed technology by
creating tax incentives to provide businesses a tax credit for the
development of assistive technology, to expand the architectural and
transportation barrier removal deduction to include communication barriers,
and to expand the work opportunity credit to include expenses incurred in the
acquisition of technology to facilitate the employment of any individual with
a disability.
I am pleased that H.R. -- already has the support of the United Cerebral
Palsy Association, the Rehabilitation Engineering and Assistive Technology
Society of North America, the National Easter Seal Society, and The
Association of Tech Act Projects.
Mr. Speaker, I urge my colleagues to support this important bill and I will
work towards enactment of this worthy legislation.
----------
Remarks by BOND (R-MO) on S. 2173 and H.R. 4063
Assistive and Universally Designed Technology Improvement Act for
Individuals with Disabilities [CR page S-6407, 113 lines]
Attributed to BOND (R-MO)
By Mr. BOND:
S. 2173. A bill to amend the Rehabilitation Act of 1973 to provide for
research and development of assistance technology and universally designed
technology, and for other purposes; to the Committee on Labor and Human
Resources.
ASSISTIVE AND UNIVERSALLY DESIGNED TECHNOLOGY IMPROVEMENT ACT FOR INDIVIDUALS
WITH DISABILITIES
Mr. BOND. Mr. President, today I am introducing a bill which will improve
assistive and universally designed technology research and development and
increase access to this technology for all Americans with disabilities.
Assistive and universally designed technology provides a disabled
individual the means to function better in the workplace or the home.
Assistive and universally designed technology is technology that aids the
millions of Americans with physical or mental disabilities. For example,
assistive technology can mean a computer that can be used by an individual
with Cerebral Palsy, a hearing aid for an aging individual or enhanced voice
recognition for someone with Multiple Sclerosis, while universally designed
technology can mean closed captioning for the deaf or for patrons in crowded
restaurants and accessability ramps for individuals in wheelchairs or mothers
with strollers.
A year ago my office was approached by a small business owner and
Missouri's United Cerebral Palsy asking for support for testing of a
breakthrough in Voice Recognition technology. During my search to find an
appropriate place for funding for this voice recognition technology, my staff
and I became familiar with the overall government efforts in this area.
There are many significant problems in the federal government's efforts in
assistive technology research and development. My finding's were validated by
a recent report from the National Academy of Sciences' Institute of Medicine,
"Enabling America: Assessing the Role of Rehabilitation Science and
Engineering," which stressed that the federal government's efforts in this
area are lacking awareness, funding, and coordination.
My distinguished colleague in the House, Congresswoman Connie Morella,
Chairwoman of the House Science's Subcommittee on Technology, joins me today
in introducing the Assistive and Universally Designed Technology Improvement
Act for Individuals with Disabilities.
The Act provides federally supported incentives in all areas of assistive
and universally designed technology, including need identification, research
and development, product evaluation, technology transfer, and
commercialization. These incentives achieve the goal of improving the
quality, functional capability, distribution, and affordability of this
essential technology.
This legislation does several things.
First, the bill includes an improved peer review process at the National
Institute on Disability Research and Rehabilitation (NIDRR) at the Department
of Education. This provision requires standing peer review panels and
clarifies the evaluation of applications for funding of assistive and
universally designed technology. These improvements provide more assistive
and universally designed technology products to the marketplace, increase
small business involvement in research and development, and assure research
and development efforts cover all disability groups including persons with
physical and mental disabilities as well as the aging and rural technology
users.
Second, the legislation augments technology transfer through improving the
role of the Interagency Committee on Disability Research (ICDR) by increasing
its authority, accountability and ability to coordinate. Provisions are
included for increased usage of the Federal labs to improve coordination with
all Federal agencies involved in assistive and universally designed
technology research and development and for providing public and private
sector partnerships for assistive and universally designed technology
research and development.
Third, to increase the market for assistive technology, the bill clarifies
Title III of the Tech Act for the Microloan program. This microloan program
assists disabled persons in obtaining assistive and universally designed
technology.
Fourth, funds are authorized for the Interagency Committee on Disability
Research to hire staff and for operating costs associated with issuing
surveys and reports. Additionally, $10 million in funds are authorized for
the National Institute on Disability Research and Rehabilitation to provide
for assistive and universally designed technology research and development.
Finally, to increase access to assistive and universally designed
technology, tax incentives are included to provide businesses a tax credit
for the development of assistive technology, to expand the architectural and
transportation barrier removal deduction to include communication barriers,
and to expand the work opportunity credit to include expenses incurred in the
acquisition of technology to facilitate the employment of any individual with
a disability.
These tax incentives and micro loans will assist individuals with
disabilities to obtain assistive and universally designed technology in order
to improve their quality of life, to secure and maintain employment, and to
assist small businesses in complying with Americans with Disabilities Act
requirements, which in effect, results in lessened financial burdens on
society.
As technology increasingly plays a 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 transforming of employment, and in
the provision of education, it also greatly impacts the lives of the more
than 50 million individuals with disabilities in the United States.
An agenda, including support for universal design, represents the only
effective means for guaranteeing the benefits of technology to all persons in
the United States, regardless of disability or age, in addition to assuring
for United States industry the continued growth in markets that will warrant
continued high levels of innovation and research.
This legislation has the support of many organizations, including: The
Missouri Assistive Technology Advisory Council, the United Cerebral Palsy
Association, the Rehabilitation Engineering and Assistive Technology Society
of North America, the National Easter Seal Society, and the Association of
Tech Act Projects.
The bill also has broad bipartisan and bicameral support. My colleagues,
Senator Jeffords, Senator Harkin, Senator Grassley, and Congresswoman Connie
Morella have been very helpful in my efforts to improve the role of the
federal government in assistive and universally designed technology.
Let me conclude by taking special note of the help of the National and
Missouri United Cerebral Palsy, as well as the Missouri Assistive Technology
Project, the Federal Laboratory Consortium, and the numerous assistive and
universally designed technology and disability community advocate
organizations, for their assistance in developing and advocating this
legislation.
Mr. President, I ask unanimous consent that the bill, the amendment I
submit today, and letters of support be printed in the Record.
There being no objection, the items were ordered to be printed in the
Record, as follows:
----------
Text Inserted by BOND (R-MO) on S. 2173 [CR page S-6412, 28 lines]
Association of Tech Act Projects,
Springfield, IL, June 5, 1998.
Hon. Christopher S. Bond,
U.S. Senate, Russell Building, Washington, DC.
Dear Senator Bond: On behalf of the Association of Technology Act Projects
(ATAP), we are writing to express our sincere appreciation for your interest
in making new and emerging technologies available to people with disabilities
throughout the nation.
"The Assistive and Universally Designed Technology Improvement Act for
Individuals with Disabilities", the legislation you are introducing today,
would expand federal support for much needed research and development in this
field. ATAP looks forward to working closely with you and your staff as this
legislation is considered by the Senate Committee on Labor and Human
Resources. We believe the projects funded under the Tech Act that have
enjoyed federal support, provide a critical linkage among consumers and
service providers. ATAP members share your belief in the power of technology
to improve the functional capabilities of individuals with disabilities.
ATAP congratulates you on the introduction of this important legislation
and offers our support to your effort to expand the federal investment in
assistive technology research and development.
Sincerely,
Deborah V. Buck,
ATAP Co-Chair.
Lynne Cleveland,
ATAP Co-Chair.
----------
Text Inserted by BOND (R-MO) on S. 2173 [CR page S-6412, 22 lines]
United Cerebral
Palsy Associations,
Washington, DC, June 8, 1998.
Dear Senator Bond: On behalf of United Cerebral Palsy Associations and our
151 affiliates, we strongly endorse the Assistive and Universally Designed
Technology Improvement Act for Individuals with Disabilities (UCPA) with
general reservation around the legislative directive on peer review which was
expressed in our June 5 comments. In particular, we applaud your interest in
micro tax incentives for assistive technology, and AT research, development,
and dissemination.
UCPA has enjoyed working with your staff through this process. Thank you
for the opportunity to comment on the legislation. UCPA believes that this
bill will complement the anticipated assistive technology bill expected out
of the Senate Labor and Human Resources Committee. UCPA looks forward to
working with you and your staff in this effort to bring assistive technology
to the forefront.
Sincerely,
Peter Keiser,
Chair, Community Services Committee.
----------
Text Inserted by BOND (R-MO) on S. 2173 [CR page S-6412, 29 lines]
National Easter Seal Society,
Office of Public Affairs,
Washington, DC, June 9, 1998.
Hon. Christopher S. Bond,
U.S. Senate, Russell Building,
Washington, DC
Dear Senator Bond: On behalf of National Easter Seals, I would like to
thank you for the opportunity to review the "Assistive and Universally
Designed Technology Improvement Act for Individuals with Disabilities." Your
leadership in addressing the serious issue of access to assistive technology
for people with disabilities is greatly appreciated and we look forward to
working with you on furthering the aims of the bill as it moves through the
Senate Labor and Human Resources committee.
Particularly notable are your efforts to develop a national loan fund to
assure that more people with disabilities have access to the technologies
they need to reach goals of equality, dignity and independence. There is a
growing population of people with disabilities who may not qualify for
federal support, but nonetheless need some assistance in purchasing,
maintaining and upgrading their assistive technology.
The proposals in your bill will serve to improve the quality of life for
people with disabilities. Your leadership and enthusiasm are greatly
appreciated, and Easter Seals looks forward to working with you on this
initiative and in the future.
Sincerely,
Jennifer Dexter,
Government Relations Specialist.
----------
Text of Measure -- S. 2173
Assistive and Universally Designed Technology Improvement Act for
Individuals with Disabilities [CR page S-6408, 590 lines]
S. 2173
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Assistive and Universally Designed Technology
Improvement Act for Individuals with Disabilities".
SEC. 2. FINDINGS.
Congress finds the following:
(1) The area of assistive technology is greatly overlooked by the Federal
Government and the private sector. While assistive technology's importance
spans age and disability classifications, assistive technology does not
maintain the recognition in the Federal Government necessary to provide
important assistance for research and development programs or to individuals
with disabilities. The private sector lacks adequate incentives to produce
assistive technology, and end-users lack adequate resources to acquire
assistive technology.
(2) 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, in the transformation of employment, and in the provision of
education, technology's impact upon the lives of the more than 50,000,000
individuals with disabilities in the United States has been comparable to
technology's impact upon the remainder of our Nation's citizens. No
development in mainstream technology can be imagined that will not have
profound implications for individuals with disabilities.
(3) In a technological environment, the line of demarcation between
assistive and mainstream technology becomes ever more difficult to draw, and
the decisions made by the designers of mainstream equipment and services will
increasingly determine whether and to what extent the equipment and services
can be accessed and used by individuals with disabilities.
(4) A commitment to assistive technology, while remaining important, cannot
alone ensure access to technology and communications networks by individuals
with disabilities. An agenda, including support for universal design,
represents the only effective means for guaranteeing the benefits of
technology to all persons in the United States, regardless of disability or
age, and for assuring for United States industry the continued growth in
markets that will warrant continued high levels of innovation and research.
(5) The Federal Government needs to make improvements to peer review
processes that affect assistive technology research and development.
(6) There are insufficient links between federally funded assistive
technology research and development programs and the private sector entities
responsible for translating research and development into significant new
products in the marketplace for end-users.
(7) The F"ederal Government does not provide assistive technology that is
universally designed and targets older and rural assistive technology end-
users.
(8) The Federal Government does not coordinate all Federal assistive
technology research and development.
(9) Small businesses, which provide many innovative ideas for assistive
technology and provide the vast majority of research and development efforts
that lead to viable commercial assistive technology products, are not
utilized in Federal assistive technology research and development efforts to
the extent that small businesses may play a key role in assistive technology
research and development. In addition, small businesses lack access to the
resources of the Federal laboratories and would benefit from partnerships
with the Federal laboratories.
(10) Many more individuals with disabilities could secure and maintain
employment and move from income supports to competitive work if given the
ability to purchase assistive technology. Tax incentives for businesses to
purchase assistive technology for their employees, and micro loans for
individuals to purchase assistive technology, help individuals with
disabilities improve their quality of life. Such incentives and loans lead to
more productive lives, while lessening the financial burdens on society.
SEC. 3. PURPOSE.
The purposes of this Act are--
(1) to improve the quality, functional capability, distribution, and
affordability of assistive technology and universally designed technology,
through federally supported incentives for all the participants in need
identification, research and development, product evaluation, technology
transfer, and commercialization, for such technologies, to enhance quality of
life and ability to obtain employment for all individuals with disabilities;
(2) to clarify the role of the National Institute on Disability and
Rehabilitation Research at the Department of Education so as to provide for
better peer reviews;
(3) to improve coordination of Federal assistive technology research and
development by strengthening the Interagency Committee on Disability
Research;
(4) to prioritize assistive technology research, development, and
dissemination efforts to match the needs of the underserved assistive
technology end-users such as older and rural end-users;
(5) to increase the use of universal design in the commercial development
of standard products;
(6) to incorporate the principles of universal design in the development of
assistive technology;
(7) to increase usage of the Small Business Innovative Research Program as
defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e));
(8) to improve coordination between the Federal laboratories and the
members of the Interagency Committee on Disability Research;
(9) to improve the transfer of technology from mission-oriented
applications in Federal laboratories to assistive technology applications in
research and development programs, and to transfer prototype assistive
technology products from federally sponsored programs to the private sector;
(10) to increase the availability of assistive technology products and
universally designed technology products in the marketplace for the end-
users; and
(11) to create tax incentives and micro loans to assist individuals with
disabilities to obtain assistive technology and universally designed
technology in order to improve their quality of life and to secure and
maintain employment.
SEC. 4. PEER REVIEW PROCESS.
Title II of the Rehabilitation Act of 1973 (29 U.S.C. 761a et seq.) is
amended by adding at the end the following:
"SEC. 206. PEER REVIEW PROCESS.
"(a) Peer Review Panels.--
"(1) Composition.--
"(A) In general.--The Director shall establish a peer review process,
involving peer review panels composed of members appointed by the Director,
for the review of applications for grants, contracts, or cooperative
agreements under this title for research and development of assistive
technology and universally designed technology.
"(B) Duration.--The members of such a peer review panel shall serve for
terms of 3 years, except that the members initially appointed may serve for
shorter terms.
"(C) Member terms.--Members of a peer review panel shall serve staggered
terms so as to provide for institutional memory and experience at all times.
"(D) Selection and appointment.--
"(i) In general.--Members of peer review panels shall be selected and
appointed based upon their training and experience in relevant scientific or
technical fields, taking into account, among other factors--
"(I) the level of formal scientific or technical education completed or
experience acquired by an individual;
"(II) the extent to which the individual has engaged in relevant research,
the capacities (such as principal investigator or assistant) in which the
individual has so engaged, and the quality of such research;
"(III) the recognition of the individual, as reflected by awards and other
honors received from scientific and professional organizations outside the
Department of Education; and
"(IV) the need for a panel to include experts from various areas or
specializations within the fields of assistive technology and universally
designed technology.
"(ii) Special rules.--To the extent practicable, the peer review panels
shall have, collectively, a significant number of members who are individuals
with disabilities, and the members of the panels shall reflect the population
of the United States as a whole in terms of gender, race, and ethnicity.
"(E) Officers and employees of the federal government.--Not more than 1/4
of the members of any peer review panel may be officers or employees of the
Federal Government. For purposes of the preceding sentence, an individual who
is a member of a peer review panel shall not, by virtue of such service, be
considered to be an officer or employee of the Federal Government.
"(2) Conflict of interest.--
"(A) In general.--No member of a peer review panel may participate in or be
present during any review by the peer review panel of an application for a
grant, contract, or cooperative agreement, in which, to the member's
knowledge, any of the following has a financial interest:
"(i) The member of the panel or the member's spouse, parent, child, or
business partner.
"(ii) Any organization with which the member or the member's spouse,
parent, child, or business partner is negotiating or has any arrangement
concerning employment or any other similar association.
"(B) Disqualified panel.--In the event any member of a peer review panel or
the member's spouse, parent, child, or business partner is currently, or is
expected to be, the principal investigator or a member of the staff
responsible for carrying out any research or development activities described
in an application for a grant, contract, or cooperative agreement, the
Secretary shall disqualify the panel from reviewing the application and
ensure that the review will be conducted by another peer review panel with
the expertise to conduct the review. If there is no other panel with the
requisite expertise, the Secretary shall ensure that the review will be
conducted by an ad hoc panel of members of the peer review panels, not more
than 50 percent of whom may be from the disqualified panel.
"(C) Prohibition.--No member of a peer review panel may participate in or
be present during any review under this title of a specific application for a
grant, contract, or cooperative agreement for an activity for which the
member has had or is expected to have any other responsibility or involvement
(either before or after the grant, contract, or cooperative agreement was
awarded for the activity) as an officer or employee of the Federal
Government.
"(3) Availability of information.--Transcripts, minutes, and other
documents made available to or prepared for or by a peer review panel shall
be available for public inspection and copying to the extent provided in
section 552 of title 5, United States Code (commonly known as the 'Freedom of
Information Act'), the Federal Advisory Committee Act (5 U.S.C. App.), and
section 552a of title 5, United States Code (commonly known as the 'Privacy
Act of 1974').
"(4) Evaluation of application.--A peer review panel shall--
"(A) evaluate applications for grants, contracts, or cooperative agreements
under this title with respect to research and development of assistive
technology and universally designed technology to assure duplication of such
research and development does not occur across Federal departments and
agencies; and
"(B) evaluate the applications with respect to meeting immediate needs for
research and development of assistive technology and universally designed
technology in the disabled community (as identified in data collected by the
Interagency Committee on Disability Research), through criteria that will
ensure the effectiveness of the priorities of the Interagency Committee for
such research and development.
"(5) Application review criteria.--In carrying out a review of an
application for a grant, contract, or cooperative agreement with respect to
research and development of assistive technology or universally designed
technology under this section, the peer review panel, among other factors,
shall take into account--
"(A) the need for research and development of assistive technology and
universally designed technology that facilitates individuals with
disabilities obtaining employment;
"(B) the need to allocate amounts of assistance through grants, contracts,
or cooperative agreements for research and development of assistive
technology and universally designed technology in a manner proportionate to
need for assistive technology and universally designed technology, and
proportionate to the population of disability groups, including individuals
with physical disabilities, individuals with cognitive disabilities, older
individuals with disabilities, and rural assistive technology and universally
designed technology end-users;
"(C) the significance and originality from a scientific or technical
standpoint of the goals of the proposed research and development;
"(D) the adequacy of the methodology proposed to carry out the research and
development;
"(E) the qualifications and experience of the proposed principal
investigator and staff for the research and development;
"(F) the reasonable availability of resources necessary to the research and
development;
"(G) the reasonableness of the proposed budget and the duration in relation
to the proposed research and development;
"(H) if an application involves activities that may have an adverse effect
upon humans, animals, or the environment, the adequacy of the proposed means
for protecting against or minimizing such effects;
"(I) the extent to which appropriate measures will be taken to advance the
cause of universal design through proposed assistive technology research and
development, including the extent to which the applicant has reviewed a
variety of existing measures (as of the date of the review) on the part of
the designers and producers of assistive technology and the providers of
related services to produce universally designed technology;
"(J) the extent to which efforts shall be made to include small businesses
in the proposed research and development of assistive technology or
universally designed technology through increased usage of the Small Business
Innovative Research Program as defined in section 9(e) of the Small Business
Act (15 U.S.C. 638(e));
"(K) the extent to which the proposed research and development of assistive
technology or universally designed technology will result in the production
of actual products for the marketplace for assistive technology or
universally designed technology end-users;
"(L) the extent to which the applicant identifies secondary benefits or
applications of the assistive technology or universally designed technology
involved, or agrees to make matching contributions (in cash or in kind,
fairly evaluated) toward the cost of the research and development, in
partnership with representatives of industry, government, and educational
institutions; and
"(M) the extent to which proposed research and development of universally
designed technology will result in a change in design of standard products,
so that the products are more usable by a broad range of individuals with
disabilities or older individuals.
"(6) Compensation.--Each member of a peer review panel who is not an
officer or employee of the Federal Government shall be compensated at a rate
equal to the daily equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which such member is
engaged in the performance of the duties of the panel. All members of the
panel who are officers or employees of the Federal Government shall serve
without compensation in addition to compensation received for their services
as officers or employees of the Federal Government.
"(7) Travel expenses.--The members of the panel shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of business in the
performance of services for the panel.
"(8) Termination.--Section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the peer review panels.
"SEC. 207. DEFINITIONS.
"In this title:
"(1) Assistive technology.--The term 'assistive technology' means
technology designed to be utilized in an assistive technology device or
assistive technology service.
"(2) Assistive technology and universally designed technology end-user.--
The term 'assistive technology and universally designed technology end-user'
means any individual with a disability who uses assistive technology or
universally designed technology to improve the quality of life of the
individual or to obtain employment, including an individual with a physical
disability, a cognitive disability, or a sensory disability, or an older
individual.
"(3) Technology transfer.--The term 'technology transfer' means the
transmittal of developed ideas, products, and techniques--
"(A) from a research environment to an environment of practical
application; or
"(B) from application in a prototype invention to mass production in a
commercial product.
"(4) Universal design.--The term 'universal design' means the design,
development, fabrication, marketing, and technical support of products,
services, and environments designed to be usable, to the greatest extent
possible, by the largest number of persons, including individuals with
disabilities and individuals without disabilities. No product, service, or
environment shall be considered to have a universal design if use of the
product, service, or environment is substantially limited or prevented by
reason of--
"(A) a disability related to hearing, vision, learning, strength, reach, or
movement; or
"(B) the existence of any other limitation of a major life function.".
SEC. 5. TECHNOLOGY TRANSFER.
(a) Amendments to Provisions Relating to the Interagency Committee on
Disability Research.--Section 203 of the Rehabilitation Act of 1973 (29
U.S.C. 761b) is amended--
(1) in subsection (a), by adding at the end the following:
"(3) Each member of the Committee shall attend all meetings of the
Committee or delegate the responsibility for attending the meetings to a
designee with the authority to commit the department or agency represented to
participate in a joint project, the authority to comment on issues on behalf
of the department or agency, and the expertise to participate in Committee
discussions.";
(2) in subsection (b)--
(A) by inserting "(1)" before "After receiving"; and
(B) by adding at the end the following:
"(2) The Committee shall--
"(A) monitor the range of research and development of assistive technology
and universally designed technology carried out by the Federal departments
and agencies represented on the Committee;
"(B) ensure that the highest quality research and development of assistive
technology and universally designed technology (through methods such as peer
review) is carried out by the departments and agencies;
"(C) identify and establish clear research priorities for research and
development of assistive technology and universally designed technology that
will benefit individuals with disabilities, and permit joint ventures
concerning research and development of assistive technology and universally
designed technology among the department needs and agencies;
"(D) ensure interagency collaboration and joint research activities and
reduce unnecessary duplication of effort by the departments and agencies;
"(E) develop effective technology transfer activities for the departments
and agencies, including activities resulting from increased supply of
assistive technology and universally designed technology or increased demand
of assistive technology and universally designed technology end-users;
"(F) help establish and maintain the use of consistent definitions and
terminologies among the departments and agencies, which definitions shall
contribute to the production of comparable research and to the development of
reliable statistical data across departments and agencies;
"(G) optimize the productivity of the departments and agencies through
resource sharing and other cost-saving activities;
"(H) identify gaps in needed research and development and make efforts to
ensure that the gaps are filled by a Federal department or agency represented
on the Committee; and
"(I) collaborate with member agencies on specific projects that need
additional funding beyond the capacity of 1 Federal department or agency
represented on the Committee.";
(3) by redesignating subsection (c) as subsection (d);
(4) by inserting after subsection (b) the following:
"(c)(1) The Director shall establish special task forces and subcommittees
of the Committee for research and development of assistive technology and
universally designed technology, including task forces and subcommittees
related to medical rehabilitation, technology (including universal design),
and the employment of individuals with disabilities.
"(2) The Director shall appoint 2 full-time staff members to assist the
Director in the operation of the Committee.";
(5) in subsection (d) (as redesignated by paragraph (3))--
(A) by inserting "(1)" before "The Committee"; and
(B) by adding at the end the following:
"(2) The Director shall issue a biannual report announcing the availability
of the grants, contracts, or cooperative agreements made available through
Federal departments and agencies represented on the Committee for research
and development of assistive technology and universally designed technology.
"(3) The Director shall submit to the Commissioner for inclusion in the
annual report to Congress described in section 13--
"(A) the results and an analysis of the activities conducted under grants,
contracts, or cooperative agreements awarded by departments and agencies
represented on the Interagency Committee on Disability Research for research
and development of assistive technology and universally designed technology;
"(B) a detailed summary of the activities and the effectiveness of the
Committee in expanding research opportunities that lead to direct development
of assistive technology devices and assistive technology services; and
"(C) results of periodic surveys of manufacturers and suppliers of
assistive technology and universally designed technology, and of assistive
technology and universally designed technology end-users.".
(b) Amendments to the Stevenson-Wydler Technology Innovation Act of 1980.--
Section 11(e) of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710(e)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (I), by striking "and" after the semicolon;
(B) in subparagraph (J), by striking the period and inserting "; and"; and
(C) by adding at the end the following:
"(K) develop and disseminate, including through accessible electronic
formats, to all Federal, State, and local agencies and instrumentalities
involved in assistive technology and universally designed technology, in
order to maximize research and development of assistive technology and
universally designed technology, information that indicates--
"(i) the extent of all activities undertaken by the Federal laboratories in
the previous year having an intended or a recognized potential impact upon
individuals with disabilities;
"(ii) the degree to which ongoing or projected activities of the Federal
laboratories are expected to have an impact upon the available range of, or
applications for, assistive technology and universally designed technology;
"(iii) the extent to which expert resources within the Consortium are made
available or can be accessed for the purpose of meeting needs related to
assistive technology and universally designed technology in the communities
where the Federal laboratories operate; and
"(iv) the extent to which each Federal laboratory has attempted to involve,
and succeeded in involving, individuals with disabilities in the development
of priorities, plans, and prototypes with respect to assistive technology and
universally designed technology."; and
(2) by adding at the end the following:
"(8)(A) The Director of the National Institute on Disability and
Rehabilitation Research shall participate annually in the national meeting
and interagency meeting of the Consortium.
"(B) The Director, in collaboration with other members of the Interagency
Committee on Disability Research, where appropriate, shall coordinate the
activities of the Federal laboratories, with respect to research and
development of assistive technology and universally designed technology.
"(C) In conjunction with members of the Interagency Committee on Disability
Research, the Director shall utilize the resources of the Consortium to
identify potential public and private sector partners for research and
development collaboration regarding assistive technology and universally
designed technology.
"(9) In this section:
"(A) The terms 'individual with a disability' and 'individuals with
disabilities' have the meanings given the terms in section 3 of the
Technology-Related Assistance for Individuals With Disabilities Act of 1988
(29 U.S.C. 2202).
"(B) The terms 'universal design' and 'assistive technology' have the
meaning given the term in section 207 of the Rehabilitation Act of 1973.".
SEC. 6. MICRO LOANS.
(a) Territories.--Section 301 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (29 U.S.C. 2281) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
"(b) Award Basis.--The Secretary shall award grants to States under this
section on the basis of the population of the States.".
(b) Mechanisms.--Subsection (d) of section 301 of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 (as redesignated by
subsection (a)(1)) is amended to read as follows:
"(c) Mechanisms.--
"(1) In general.--The alternative financing mechanisms shall include--
"(A) an interest buy-down loan program;
"(B) a revolving loan fund program; or
"(C) a loan guarantee program.
"(2) Requirements.--Each program described in paragraph (1) shall--
"(A) provide assistance for assistive technology devices, assistive
technology services, and universally designed technology products and
services; and
"(B) maximize consumer participation in all aspects of the program.
"(3) Definitions.--
"(A) Interest buy-down loan program.--The term 'interest buy-down loan
program' means a loan program that involves an organization, using the
organization's funds, to reduce the interest rate of a loan made by a lending
institution to a borrower.
"(B) Loan guarantee program.--The term 'loan guarantee program' means a
loan program that provides loans that are backed by a promise or guarantee
that, if there is a default on a loan made under the program, the loan will
be paid back.
"(C) Revolving loan fund program.--The term 'revolving loan fund program'
means a loan program in which individuals borrow money from a loan fund, loan
repayments are dedicated to the recapitalization of the loan fund, and the
repayments are used to make additional loans.".
(c) Authorization of Appropriations.--Section 308(a) of the Technology-
Related Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C.
2288(a)) is amended by striking "this title" and all that follows and
inserting "this title, such sums as may be necessary for each of fiscal years
1999 through 2001.".
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 201(a) of the Rehabilitation Act of 1973 (29 U.S.C. 761(a)) is
amended to read as follows:
"(a) There are authorized to be appropriated--
"(1) such sums as may be necessary for each of fiscal years 1999 through
2001, for the purpose of providing for the expenses of the National Institute
on Disability and Rehabilitation Research under section 202, which--
"(A) shall include the expenses of the Interagency Committee on Disability
Research under section 203, the Rehabilitation Research Advisory Council
under section 205, and the peer review panels under section 206; and
"(B) shall not include the expenses of such Institute to carry out section
204; and
"(2)(A) such sums as may be necessary for each of fiscal years 1999 through
2001 to carry out section 204, including providing financial assistance for
research and development on assistive technology and universally designed
technology at the level of assistance provided for fiscal year 1998; and
"(B) $10,000,000 for each of fiscal years 1999 through 2001, to provide,
under section 204, such financial assistance (in addition to the level of
assistance provided for fiscal year 1998).".
----------
Amendment No. 2708
At the end of the bill add the following:
SEC. 8. TAX INCENTIVES FOR ASSISTIVE TECHNOLOGY.
(a) Assistive Technology Development Business Tax Credit.--
(1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to business related credits) is
amended by adding at the end the following:
"SEC. 45D. CREDIT FOR ASSISTIVE TECHNOLOGY.
"(a) General Rule.--For purposes of section 38, the assistive technology
credit of any taxpayer for any taxable year is an amount equal to so much of
the qualified assistive technology expenses paid or incurred by the taxpayer
during such year as does not exceed $100,000.
"(b) Qualified Assistive Technology Expenses.--For purposes of this
section--
"(1) In general.--The term 'qualified assistive technology expenses' means
expenses for the design, development, and fabrication of assistive technology
devices.
"(2) Assistive technology device.--The term 'assistive technology device'
means any item, piece of equipment, or product system, including any item
acquired commercially off the shelf and modified or customized by the
taxpayer, that is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"(3) Individuals with disabilities.--The term 'individuals with
disabilities" has the meaning given the term by section 3 of the Technology
Related Assistance for Individuals with Disabilities Act of 1988 (29 U.S.C.
2202).
"(c) No Double Benefit.--Any amount taken into account under section 41 may
not be taken into account under this section.
"(d) Termination.--This section shall not apply to any amount paid or
incurred after December 31, 2003.".
(2) Credit treated as business credit.--Section 38(b) of the Internal
Revenue Code of 1986 (relating to current year business credit) is amended by
striking "plus" at the end of paragraph (11), by striking the period at the
end of paragraph (12) and inserting ", plus", and by adding at the end the
following:
"(13) the assistive technology credit determined under section 45D(a).".
(3) Transitional rule.--Section 39(d) of the Internal Revenue Code of 1986
(relating to transitional rules) is amended by adding at the end the
following:
"(9) No carryback of section 45D credit before effective date.--No portion
of the unused business credit for any taxable year which is attributable to
the assistive technology credit determined under section 45D(a) may be
carried back to a taxable year ending before January 1, 1999.".
(4) Clerical amendment.--The table of sections for subpart D of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
"Sec. 45D. Credit for assistive technology.".
(5) Evaluation of effectiveness of credit.--The Secretary of the Treasury
shall evaluate the effectiveness of the assistive technology credit under
section 45D of the Internal Revenue Code of 1986, as added by this
subsection, and report to the Congress the results of such evaluation not
later than January 1, 2003.
(b) Expansion of Architectural and Transportation Barrier Removal
Deduction.--
(1) In general.--Section 190 of the Internal Revenue Code of 1986 is
amended--
(A) by inserting "and qualified communications barrier removal expenses"
after "removal expenses" in subsections (a)(1),
(B) by adding at the end of subsection (b) the following:
"(4) Qualified communications barrier removal expenses.--
"(A) In general.--The term 'qualified communications barrier removal
expense' means a communications barrier removal expense with respect to which
the taxpayer establishes, to the satisfaction of the Secretary, that the
resulting removal of any such barrier meets the standards promulgated by the
Secretary and set forth in regulations prescribed by the Secretary. Such term
shall not include the costs of general communications system upgrades or
periodic replacements that do not heighten accessibility as the primary
purpose and result of such replacements.
"(B) Communications barrier removal expenses.--The term 'communications
barrier removal expense' means an expenditure for the purpose of identifying
and implementing alternative technologies or strategies to remove those
features of the physical, information-processing, telecommunications
equipment or other technologies that limit the ability of handicap
individuals to obtain, process, retrieve, or disseminate information that
nonhandicapped individuals in the same or similar setting would ordinarily be
expected and be able to obtain, retrieve, manipulate, or disseminate.", and
(C) by striking "and transportation" in the heading and inserting ",
transportation, and communications".
(2) Conforming amendment.--The item relating to section 190 in the table of
sections for part VI of subchapter B of chapter 1 of the Internal Revenue
Code of 1986 is amended by striking "and transportation" and inserting ",
transportation, and communications".
(c) Expansion of Work Opportunity Credit.--Section 51(c) of the Internal
Revenue Code of 1986 (defining wages) is amended by redesignating paragraph
(4) as paragraph (5) and by inserting after paragraph (3) the following:
"(4) Assistive technology expenses.--
"(A) In general.--The term 'wages' includes expenses incurred in the
acquisition and use of technology--
"(i) to facilitate the employment of any individual, including a vocational
rehabilitation referral; or
"(ii) to provide a reasonable accommodation for any employee who is a
qualified individual with a disability, as such terms are defined in section
101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111).
"(B) Regulations.--The Secretary shall by regulation provide rules for
allocating expenses described in subparagraph (A) among individuals employed
by the employer.".
(d) Effective Date.--The amendments made by this section shall apply to
taxable years beginning after December 31, 1998.
----------
Amendment Submitted by BOND (R-MO) to S. 2173, Amendment No. 2708
[CR page S-6425, 114 lines]
Attributed to BOND (R-MO)
BOND AMENDMENT NO. 2708
(Ordered referred to the Committee on Labor and Human Resources.)
Mr. BOND submitted an amendment intended to be proposed by him to the bill
(S. 2173) to amend the Rehabilitation Act of 1973 to provide for research and
development of assistance technology and universally designed technology, and
for other purposes; as follows:
At the end of the bill add the following:
SEC. 8. TAX INCENTIVES FOR ASSISTIVE TECHNOLOGY.
(a) Assistive Technology Development Business Tax Credit.--
(1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to business related credits) is
amended by adding at the end the following:
"SEC. 45D. CREDIT FOR ASSISTIVE TECHNOLOGY.
"(a) General Rule.--For purposes of section 38, the assistive technology
credit of any taxpayer for any taxable year is an amount equal to so much of
the qualified assistive technology expenses paid or incurred by the taxpayer
during such year as does not exceed $100,000.
"(b) Qualified Assistive Technology Expenses.--For purposes of this
section--
"(1) In general.--The term 'qualified assistive technology expenses' means
expenses for the design, development, and fabrication of assistive technology
devices.
"(2) Assistive technology device.--The term 'assistive technology device'
means any item, piece of equipment, or product system, including any item
acquired commercially off the shelf and modified or customized by the
taxpayer, that is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"(3) Individuals with disabilities.--The term 'individuals with
disabilities" has the meaning given the term by section 3 of the Technology
Related Assistance for Individuals with Disabilities Act of 1988 (29 U.S.C.
2202).
"(c) No Double Benefit.--Any amount taken into account under section 41 may
not be taken into account under this section.
"(d) Termination.--This section shall not apply to any amount paid or
incurred after December 31, 2003.".
(2) Credit treated as business credit.--Section 38(b) of the Internal
Revenue Code of 1986 (relating to current year business credit) is amended by
striking "plus" at the end of paragraph (11), by striking the period at the
end of paragraph (12) and inserting ", plus", and by adding at the end the
following:
"(13) the assistive technology credit determined under section 45D(a).".
(3) Transitional rule.--Section 39(d) of the Internal Revenue Code of 1986
(relating to transitional rules) is amended by adding at the end the
following:
"(9) No carryback of section 45D credit before effective date.--No portion
of the unused business credit for any taxable year which is attributable to
the assistive technology credit determined under section 45D(a) may be
carried back to a taxable year ending before January 1, 1999.".
(4) Clerical amendment.--The table of sections for subpart D of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
"Sec. 45D. Credit for assistive technology.".
(5) Evaluation of effectiveness of credit.--The Secretary of the Treasury
shall evaluate the effectiveness of the assistive technology credit under
section 45D of the Internal Revenue Code of 1986, as added by this
subsection, and report to the Congress the results of such evaluation not
later than January 1, 2003.
(b) Expansion of Architectural and Transportation Barrier Removal
Deduction.--
(1) In general.--Section 190 of the Internal Revenue Code of 1986 is
amended--
(A) by inserting "and qualified communications barrier removal expenses"
after "removal expenses" in subsections (a)(1),
(B) by adding at the end of subsection (b) the following:
"(4) Qualified communications barrier removal expenses.--
"(A) In general.--The term 'qualified communications barrier removal
expense' means a communications barrier removal expense with respect to which
the taxpayer establishes, to the satisfaction of the Secretary, that the
resulting removal of any such barrier meets the standards promulgated by the
Secretary and set forth in regulations prescribed by the Secretary. Such term
shall not include the costs of general communications system upgrades or
periodic replacements that do not heighten accessibility as the primary
purpose and result of such replacements.
"(B) Communications barrier removal expenses.--The term 'communications
barrier removal expense' means an expenditure for the purpose of identifying
and implementing alternative technologies or strategies to remove those
features of the physical, information-processing, telecommunications
equipment or other technologies that limit the ability of handicap
individuals to obtain, process, retrieve, or disseminate information that
nonhandicapped individuals in the same or similar setting would ordinarily be
expected and be able to obtain, retrieve, manipulate, or disseminate.", and
(C) by striking "and transportation" in the heading and inserting ",
transportation, and communications".
(2) Conforming amendment.--The item relating to section 190 in the table of
sections for part VI of subchapter B of chapter 1 of the Internal Revenue
Code of 1986 is amended by striking "and transportation" and inserting ",
transportation, and communications".
(c) Expansion of Work Opportunity Credit.--Section 51(c) of the Internal
Revenue Code of 1986 (defining wages) is amended by redesignating paragraph
(4) as paragraph (5) and by inserting after paragraph (3) the following:
"(4) Assistive technology expenses.--
"(A) In general.--The term 'wages' includes expenses incurred in the
acquisition and use of technology--
"(i) to facilitate the employment of any individual, including a vocational
rehabilitation referral; or
"(ii) to provide a reasonable accommodation for any employee who is a
qualified individual with a disability, as such terms are defined in section
101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111).
"(B) Regulations.--The Secretary shall by regulation provide rules for
allocating expenses described in subparagraph (A) among individuals employed
by the employer.".
(d) Effective Date.--The amendments made by this section shall apply to
taxable years beginning after December 31, 1998.
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End of Document
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