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. ---------- End of Document