Union Calendar No. 119
103D CONGRESS
1ST SESSION
H. R. 2339
[Report No. 103–208]
A BILL
To amend the Technology-Related Assistance for
Individuals with Disabilities Act of 1988 to au-
thorize appropriations for each of the fiscal years
1994 through 1998.
AUGUST 2, 1993
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 119
103D CONGRESS
1ST SESSION
H. R. 2339
[Report No. 103–208]
To amend the Technology-Related Assistance for Individuals with Disabilities
Act of 1988 to authorize appropriations for each of the fiscal years
1994 through 1998.
IN THE HOUSE OF REPRESENTATIVES
JUNE 8, 1993
Mr. OWENS introduced the following bill; which was referred to the Committee
on Education and Labor
AUGUST 2, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 8, 1993]
A BILL
To amend the Technology-Related Assistance for Individuals
with Disabilities Act of 1988 to authorize appropriations
for each of the fiscal years 1994 through 1998.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
‘‘(1) Disability is a natural part of the human
experience and in no way diminishes the right of in-
dividuals—
‘‘(A) to live independently;
‘‘(B) to enjoy self-determination;
‘‘(C) to make choices;
‘‘(D) to contribute to society;
‘‘(E) to pursue meaningful careers; and
‘‘(F) to enjoy full inclusion and integration
in the economic, political, social, cultural, and
educational mainstream of American society.
‘‘(2) During the past decade, there have been
major advances in modern technology. Technology is
now a powerful force in the lives of all residents of
the United States. Technology can provide important
tools for making the performance of tasks quicker and
easier. For some individuals with disabilities,
assistive technology is a necessity that enables them to
engage in or perform many tasks.
‘‘(3) The provision of assistive technology devices
and services enables some individuals with disabil-
ities—
‘‘(A) to have greater control over their own
lives;
‘‘(B) to participate in and contribute more
fully to activities in their home, school, and work
environments, and in their communities;
‘‘(C) to interact to a greater extent with
nondisabled individuals; and
‘‘(D) to otherwise benefit from opportunities
that are taken for granted by individuals who do
not have disabilities.
‘‘(4) Substantial progress has been made in the
development of assistive technology devices, including
adaptations to existing equipment, which signifi-
cantly benefit individuals of all ages with disabilities.
Such devices have increased the involvement of indi-
viduals with disabilities in programs and activities
such as early intervention, education, rehabilitation
and training, employment, residential living, inde-
pendent living, recreation, and other aspects of daily
living. Dual-use technology is critical to the further
development of assistive technology devices.
‘‘(5) Many individuals with disabilities cannot
access existing telecommunications and information
technologies and are at risk of not being able to access
developing technologies. The inadvertent failure of
Federal and State governments, hardware manufac-
turers, software designers, information systems man-
agers, and telecommunications service providers to ac-
count for the specific needs of individuals with dis-
abilities not only results in the exclusion of such indi-
viduals from the use of telecommunications and infor-
mation technologies, but also results in unnecessary
costs associated with the retrofitting of devices and
product systems.
‘‘(6) The use of assistive technology devices and
services by individuals with disabilities increases such
individuals’ ability to be independent, which reduces
expenditures associated with early intervention, edu-
cation, rehabilitation, health care, transportation,
telecommunication services, and other services re-
quired by such individuals.
‘‘(7) A majority of States have technology-related
assistance programs. In spite of the efforts made by
such programs to provide comprehensive, statewide
services, there remains a need for—
‘‘(A) resources to pay for assistive tech-
nology devices and services;
‘‘(B) trained personnel to assist individuals
with disabilities to use such devices and services;
‘‘(C) information about the availability and
potential of technology for individuals with dis-
abilities and their family members, guardians,
advocates, and authorized representatives, rep-
resentatives of public agencies and private enti-
ties that have contact with individuals with dis-
abilities (including insurers), teachers and relat-
ed services personnel, technology experts (includ-
ing engineers), employers, and other appropriate
individuals;
‘‘(D) 
aggressive 
outreach 
to 
under-
represented populations and rural populations;
‘‘(E) coordination among State human
services programs, and among such programs
and private entities, particularly with respect to
transitions between such programs and entities;
and
‘‘(F) capacity of such programs to provide
the necessary technology-related assistance.
‘‘(8) There are insufficient incentives for the
commercial pursuit of the application of technology
devices to meet the needs of individuals with disabil-
ities, because of limited markets.
‘‘(9) At the Federal level, there is a lack of co-
ordination among agencies that provide or pay for
the provision of assistive technology devices and serv-
ices. In addition, the Federal Government does not
provide adequate assistance and information with re-
spect to the use of assistive technology devices and
services to individuals with disabilities and their
family members, guardians, advocates, and author-
ized representatives, representatives of public agencies
and private entities that have contact with individ-
uals with disabilities (including insurers), teachers
and related services personnel, technology experts (in-
cluding engineers), employers, and other appropriate
individuals.’’.
(b) PURPOSES.—Section 2(b) of the Technology-Relat-
ed Assistance for Individuals With Disabilities Act of 1988
(29 U.S.C. 2201(b)) is amended to read as follows:
‘‘(b) PURPOSES.—The purposes of this Act are as fol-
lows:
‘‘(1) To provide financial assistance to the States
to develop and implement a consumer-responsive,
consumer-driven, comprehensive statewide program of
technology-related assistance for individuals of all
ages with disabilities that is designed to create sys-
temic change and foster advocacy by—
‘‘(A) increasing the availability of, funding
for, and access to, assistive technology devices
and services for individuals with disabilities;
‘‘(B) increasing the active involvement of
individuals with disabilities and their family
members, guardians, advocates, and authorized
representatives in the planning, development,
implementation, and evaluation of technology-
related assistance programs;
‘‘(C) increasing the involvement of individ-
uals with disabilities and their family members,
guardians, advocates, and authorized representa-
tives in specific agency decisions related to the
provision of assistive technology devices and
services to individuals with disabilities;
‘‘(D) increasing and promoting coordina-
tion among State agencies and between State
agencies and private entities that provide tech-
nology-related assistance, particularly assistive
technology devices and services;
‘‘(E) increasing the awareness of laws, regu-
lations, policies, procedures, and practices that
facilitate 
the 
availability 
or 
provision 
of
assistive technology devices and services and by
promoting the change of laws, regulations, poli-
cies, procedures, and practices that impede the
availability or provision of assistive technology
devices and services;
‘‘(F) increasing the probability that indi-
viduals of all ages with disabilities will, to the
extent appropriate, be able to secure and main-
tain assistive technology devices as such individ-
uals make the transition between services offered
by human service agencies or between settings of
daily living;
‘‘(G) increasing the competence of personnel
who provide technology-related assistance, in-
cluding assistive technology devices and services;
‘‘(H) increasing awareness and knowledge
of the efficacy of assistive technology devices and
services among individuals with disabilities and
their family members, guardians, advocates, and
authorized representatives, representatives of
public agencies and private entities that have
contact with individuals with disabilities (in-
cluding insurers), teachers and related services
personnel, technology experts (including engi-
neers), employers, and other appropriate indi-
viduals;
‘‘(I) increasing the capacity of public agen-
cies and private entities to provide and pay for
technology-related assistance on a statewide
basis, particularly assistive technology devices
and services, for individuals of all ages with dis-
abilities; and
‘‘(J) increasing the awareness of the needs
of individuals with disabilities for assistive tech-
nology devices and services.
‘‘(2) To identify Federal policies that facilitate
payment for assistive technology devices and services
for individuals with disabilities, to identify Federal
policies that impede such payment, and to eliminate
inappropriate barriers to such payment.
‘‘(3) To enhance the ability of the Federal Gov-
ernment to provide States with—
‘‘(A) 
technical 
assistance, 
information,
training, and public awareness programs relat-
ing to the provision of assistive technology de-
vices and services; and
‘‘(B) funding for model demonstration and
innovation projects.
‘‘(4) To ensure that all programs, projects, and
activities receiving assistance under this Act are car-
ried out in a manner consistent with the principles
of—
‘‘(A) respect for individual dignity, per-
sonal responsibility, and self-determination in
the pursuit of meaningful careers, based on in-
formed choice, by individuals with disabilities;
with disabilities are entitled under law. Such term
includes—
‘‘(A) dissemination of information;
‘‘(B) individual case management;
‘‘(C) training individuals to locate funding
sources; and
‘‘(D) pursuit of legal and other appropriate
remedies.’’;
(3) in paragraph (3)(E) (as redesignated by
paragraph (1)), by striking ‘‘family’’ and all that fol-
lows and inserting ‘‘the family members, guardians,
advocates, or authorized representatives of such an in-
dividual; and’’;
(4) by inserting after paragraph (3) (as redesig-
nated by paragraph (1)) the following:
‘‘(4) COMPREHENSIVE.—The term ‘comprehen-
sive’, when used with reference to a program, means
a statewide program that addresses the needs of all
individuals 
with 
disabilities, 
including
underrepresented populations and rural populations,
who can benefit from the use of assistive technology
devices and services regardless of age, type of disabil-
ity, gender, race, or ethnicity.
‘‘(5) CONSUMER-DRIVEN.—The term ‘consumer-
driven’, when used with reference to a program,
means a statewide program that includes individuals
with disabilities and their family members, guard-
ians, advocates, and authorized representatives, in-
cluding underrepresented populations and rural pop-
ulations, in the development, implementation, and
evaluation of the program.
‘‘(6) 
CONSUMER-RESPONSIVE.—The 
term
‘consumer-responsive’, when used with reference to a
program, means a statewide program that provides
information, training, technical assistance, and
transportation and related services to enable individ-
uals of all ages with disabilities to access assistive
technology devices and services.’’;
(5) in paragraph (7) (as redesignated by para-
graph (1))—
(A) by striking the matter preceding sub-
paragraph (A) and inserting the following:
‘‘(7) INDIVIDUAL WITH A DISABILITY.—The term
‘individual with a disability’ means any individ-
ual—’’; and
(B) in subparagraph (A), by striking ‘‘or
handicap’’;
(6) by inserting after paragraph (7) (as redesig-
nated by paragraph (1)) the following:
‘‘(8) INDIVIDUALS
WITH
DISABILITIES.—The
term ‘individuals with disabilities’ means more than
one individual with a disability.’’;
(7) in paragraph (9) (as redesignated by para-
graph (1)), by striking ‘‘section 435(b)’’ and inserting
‘‘section 481(a)’’;
(8) by inserting after paragraph (9) (as redesig-
nated by paragraph (1)) the following:
‘‘(10) PROTECTION AND ADVOCACY SERVICES.—
The term ‘protection and advocacy services’ means
services that—
‘‘(A) are described in part C of the Devel-
opmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 6041 et seq.), the Protec-
tion and Advocacy for Mentally Ill Individuals
Act (42 U.S.C. 10801 et seq.), or section 509 of
the Rehabilitation Act of 1973 (29 U.S.C. 794e);
and
‘‘(B) assist individuals with disabilities and
their family members, guardians, advocates, and
authorized 
representatives 
with 
respect 
to
assistive technology devices and services.’’;
(9) in paragraph (12) (as redesignated by para-
graph (1)), by striking ‘‘Trust’’ and all that follows
and inserting ‘‘Republic of Palau (until the Compact
of Free Association with Palau takes effect).’’;
(10) by inserting after paragraph (12) (as redes-
ignated by paragraph (1)) the following:
‘‘(13) SYSTEMS CHANGE ACTIVITIES.—The term
‘systems change activities’ means activities—
‘‘(A) to identify laws, regulations, policies,
procedures, and practices that are legal or serv-
ice delivery barriers impeding access to assistive
technology devices and services;
‘‘(B) to develop, modify, revise, correct, or
adjust State or local laws, regulations, policies,
procedures, and practices to allow individuals
with disabilities to access assistive technology de-
vices and services; and
‘‘(C) to increase funding for, and access to,
assistive technology devices and services on a
permanent basis.’’; and
(11) by amending paragraph (15) (as redesig-
nated by paragraph (1)) to read as follows:
‘‘(15) UNDERREPRESENTED POPULATIONS.—The
term ‘underrepresented populations’ includes popu-
lations such as minorities, the poor, and the limited
English proficient.’’.
TITLE I—GRANTS TO STATES
SEC. 101. PROGRAM AUTHORIZED.
(a) GRANTS TO STATES.—Section 101(a) of the Tech-
nology-Related Assistance for Individuals With Disabilities
Act of 1988 (29 U.S.C. 2211(a)) is amended by striking
‘‘to develop and implement consumer-responsive’’ and in-
serting ‘‘in developing and implementing consumer-respon-
sive, consumer-driven’’.
(b) REQUIRED ACTIVITIES.—Section 101(b) of the
Technology-Related Assistance for Individuals With Dis-
abilities Act of 1988 (29 U.S.C. 2211(b)) is amended to read
as follows:
‘‘(b) REQUIRED ACTIVITIES.—Any State that receives
a grant under this title shall accomplish the purposes de-
scribed in section 2(b)(1) by carrying out the following ac-
tivities:
‘‘(1) SYSTEMS
CHANGE
ACTIVITIES.—Systems
change activities shall include—
‘‘(A) developing and implementing strate-
gies to obtain funds with which individuals with
disabilities may obtain assistive technology de-
vices and services in State special education, vo-
cational rehabilitation, and medical assistance
programs or, as appropriate, other education,
health, or human service agencies, with particu-
lar emphasis on addressing the needs of
underrepresented populations and rural popu-
lations, coordinating such funds, and monitoring
State and local policies, procedures, and prac-
tices that relate to such funds;
‘‘(B) establishing an interagency coordinat-
ing committee to enhance public funding options
and coordinate access to funding for assistive
technology devices and services for individuals of
all ages with disabilities, with special attention
to the issues of transition from school to work,
home use, and individual involvement in the
identification, planning, use, delivery, and eval-
uation of such devices and services; and
‘‘(C) developing written materials, training,
and technical assistance to ensure that the needs
of an individual for assistive technology devices
and services are considered and included as part
of an individualized education program required
under section 614(a)(5) of the Individuals with
Disabilities 
Education 
Act 
(20 
U.S.C.
1414(a)(5)), an individualized family service
plan developed pursuant to section 677(d) of
such Act (20 U.S.C. 1477(d)), an individualized
written rehabilitation program required under
section 102(b) of the Rehabilitation Act of 1973
(29 U.S.C. 722(b)), and other individualized
plans that may have been developed for the indi-
vidual.
‘‘(2) CONSUMER-RESPONSIVE, CONSUMER-DRIVEN
ACTIVITIES.—(A) 
Consumer-responsive, 
consumer-
driven activities shall include—
‘‘(i) providing outreach to underrepresented
populations and rural populations, including—
‘‘(I) identification and needs assess-
ment of such populations;
‘‘(II) activities to increase the acces-
sibility of services to such populations;
‘‘(III) training representatives of such
populations to become service providers; and
‘‘(IV) training staff of the comprehen-
sive statewide program of technology-related
assistance to work with such populations;
and
‘‘(ii) establishing consumer advisory coun-
cils to advise such program, a majority of whose
members are—
‘‘(I) individuals with disabilities; and
ensure the availability of qualified personnel;
and
‘‘(v) paying for expenses, including travel
expenses, and services, including services of
qualified interpreters, readers, and personal care
assistants, that may be necessary to ensure access
to the comprehensive statewide program of tech-
nology-related assistance by individuals with
disabilities who are determined by the State to
be in financial need.
‘‘(3) ADVOCACY SERVICES.—Advocacy services—
‘‘(A) shall include training individuals with
disabilities and their family members, guard-
ians, advocates, and authorized representatives
to successfully advocate for access to assistive
technology devices and services, with special em-
phasis placed on underrepresented populations
and rural populations; and
‘‘(B) shall supplement, not supplant, simi-
lar advocacy services that have been provided
pursuant to other Federal or State laws.
‘‘(4) PROTECTION AND ADVOCACY SERVICES.—A
State shall provide protection and advocacy services
by awarding a contract to provide such services to an
organization established for protection and advocacy
services under the Developmental Disabilities Assist-
ance and Bill of Rights Act (42 U.S.C. 6000 et seq.).
Any State that provided protection and advocacy
services prior to January 1, 1993, through an organi-
zation other than that established for protection and
advocacy services under such Act may continue to
provide such services through such organization. Pro-
tection and advocacy services shall supplement, not
supplant, similar protection and advocacy services
that have been provided pursuant to other Federal or
State laws.’’.
(c) AUTHORIZED ACTIVITIES.—Section 101(c) of the
Technology-Related Assistance for Individuals With Dis-
abilities Act of 1988 (29 U.S.C. 2211(c)) is amended—
(1) by amending the matter preceding paragraph
(1) to read as follows:
‘‘(c) AUTHORIZED ACTIVITIES.—Any State that re-
ceives a grant under this title may accomplish the purposes
described in section 2(b)(1) by carrying out the following
activities:’’;
(2) in paragraph (1), by striking subparagraph
(C) and redesignating subparagraph (D) as subpara-
graph (C);
(3) in paragraph (2), in each of subparagraphs
(B), (C), and (G)(i), by striking ‘‘assistive tech-
nology’’ each place such term appears after ‘‘devices
and’’;
(4) by redesignating paragraphs (3) through (7)
as paragraphs (5) through (9), respectively;
(5) by redesignating paragraph (8) as para-
graph (12);
(6) by inserting after paragraph (2) the follow-
ing:
‘‘(3) ELECTRONIC COMMUNICATION.—The State
may operate or participate in a computer system
through which it can electronically communicate with
other States to gain technical assistance in a timely
fashion to avoid the duplication of efforts already un-
dertaken in other States.
‘‘(4) DEMONSTRATION OF DEVICES.—The State
may support the demonstration of assistive technology
devices. Activities may include—
‘‘(A) provision of a location or locations
within the State where individuals with disabil-
ities and their family members, guardians, advo-
cates, and authorized representatives, special
education, rehabilitation, health care, and other
service providers, representatives of Federal,
State, and local government entities, and em-
ployers can see, touch, and learn about assistive
technology devices from personnel who are famil-
iar with such devices and their applications;
‘‘(B) counseling and assistance to individ-
uals with disabilities and their family members,
guardians, advocates, and authorized representa-
tives to determine individual needs for assistive
technology devices and services; and
‘‘(C) demonstration or short-term loan of
assistive technology devices to individuals, em-
ployers, public agencies, or public accommoda-
tions seeking strategies to comply with the Amer-
icans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and section 504 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 794).’’;
(7) in paragraph (5) (as redesignated by para-
graph (4)), by striking ‘‘assistive technology’’ after
‘‘devices or’’;
(8) in paragraph (6) (as redesignated by para-
graph (4))—
(A) by amending the matter preceding sub-
paragraph (A) to read as follows:
‘‘(6) PUBLIC AWARENESS PROGRAM.—The State
may support a public awareness program designed to
provide information relating to the availability and
efficacy of assistive technology devices and services for
individuals with disabilities and their family mem-
bers, guardians, advocates, and authorized representa-
tives, representatives of public agencies and private
entities that have contact with individuals with dis-
abilities (including insurers), teachers and related
services personnel, technology experts (including engi-
neers), employers, and other appropriate individuals,
or may establish and support such a program if no
such program exists. Such a program may include—
’’;
(B) in subparagraph (A), in each of clauses
(i), (ii), and (iii), by striking ‘‘assistive tech-
nology’’ after ‘‘devices and’’;
(C) in subparagraph (B), by striking
‘‘assistive technology’’ after ‘‘devices and’’; and
(D) in subparagraph (C)(i), by striking
‘‘families or representatives of individuals with
disabilities,’’ and inserting ‘‘and their family
members, guardians, advocates, or authorized
representatives,’’;
(9) in paragraph (7) (as redesignated by para-
graph (4)), by striking ‘‘devices’’ and all that follows
and inserting the following: ‘‘devices and services to
individuals with disabilities and their family mem-
bers, guardians, advocates, and authorized representa-
tives, representatives of public agencies and private
entities that have contact with individuals with dis-
abilities (including insurers), teachers and related
services personnel, technology experts (including engi-
neers), employers, and other appropriate individ-
uals.’’;
(10) in paragraph (8) (as redesignated by para-
graph (4))—
(A) in the matter preceding subparagraph
(A)—
(i) in the first sentence, by striking
‘‘assistive technology’’ after ‘‘devices and’’;
(ii) by inserting after the first sentence
the following: ‘‘Access to the system may be
provided through community-based entities,
including public libraries, centers for inde-
pendent living (as defined in section 702 of
the Rehabilitation Act of 1973 (29 U.S.C.
796a)), and community rehabilitation pro-
grams (as defined in section 7(25) of such
Act (29 U.S.C. 706(25)).’’; and
(iii) by striking ‘‘a system described in
the preceding sentence,’’ and inserting ‘‘the
system,’’;
(B) in subparagraph (A)—
(i) by inserting ‘‘large print,’’ after
‘‘print,’’; and
(ii) by striking ‘‘materials’’ and all
that follows and inserting the following:
‘‘materials, computer disks, compact discs
(including compact discs formatted with
read-only memory), information capable of
being used in telephone-based information
systems, and such other media as techno-
logical innovation may make appropriate;’’;
and
(C) by adding at the end the following:
‘‘The information system may be organized on an
interstate basis or as part of a regional consortium
of States in order to facilitate the establishment of
compatible, linked information systems.’’; and
(11) by inserting after paragraph (9) (as redes-
ignated by paragraph (4)) the following:
‘‘(10) PARTNERSHIPS AND COOPERATIVE INITIA-
TIVES.—The State may support the establishment or
continuation of partnerships and cooperative initia-
tives between the public sector and the private sector
to promote greater participation by business and in-
dustry in—
‘‘(A) the development, demonstration, and
dissemination of assistive technology devices; and
‘‘(B) the ongoing provision of information
about new products to assist individuals with
disabilities.
‘‘(11) DEVICE AND EQUIPMENT REDISTRIBUTION
INFORMATION SYSTEMS AND RECYCLING CENTERS.—
The State may support activities, including the estab-
lishment of information systems and recycling cen-
ters, for the redistribution of assistive technology de-
vices and equipment that may include device and
equipment loans, rentals, or gifts.’’.
SEC. 102. DEVELOPMENT GRANTS.
(a) NUMBER OF GRANTS TO BE AWARDED.—Section
102 of the Technology-Related Assistance for Individuals
With Disabilities Act of 1988 (29 U.S.C. 2212) is amend-
ed—
(1) by striking subsection (b); and
(2) by redesignating subsections (c) through (e)
as subsections (b) through (d), respectively.
(b) AMOUNTS OF GRANTS.—Section 102(b) of the Tech-
nology-Related Assistance for Individuals With Disabilities
Act of 1988 (29 U.S.C. 2212(c)) (as redesignated by sub-
section (a)) is amended—
(1) in paragraph (1), by striking ‘‘section 106,’’
and inserting ‘‘section 108(a)(1),’’;
(2) in paragraph (2), by striking ‘‘section 106’’
and inserting ‘‘section 108(a)(1)’’; and
(3) in paragraph (5)—
(A) in subparagraph (A), by striking ‘‘the
Trust Territory of the Pacific Islands.’’ and in-
serting ‘‘the Republic of Palau.’’; and
(B) in subparagraph (B), by striking ‘‘the
Trust Territory of the Pacific Islands.’’ and in-
serting ‘‘the Republic of Palau (until the Com-
pact of Free Association with Palau takes ef-
fect).’’.
(c) APPLICATIONS.—Section 102(d) of the Technology-
Related Assistance for Individuals With Disabilities Act of
1988 (29 U.S.C. 2212(e)) (as redesignated by subsection
(a)) is amended—
(1) by redesignating paragraph (17) as para-
graph (25);
(2) by redesignating paragraphs (4) through (16)
as paragraphs (5) through (17), respectively;
(3) by striking paragraphs (1), (2), and (3) and
inserting the following:
‘‘(1) DESIGNATION OF LEAD AGENCY.—The des-
ignation by the Governor of the office, agency, entity,
or individual responsible for—
‘‘(A) submitting the application on behalf of
the State;
‘‘(B) administering and supervising the use
of amounts made available under the grant;
‘‘(C) coordinating and supervising—
‘‘(i) preparation of the application;
‘‘(ii) planning, development, imple-
mentation, and evaluation of the consumer-
responsive, consumer-driven, comprehensive
statewide program of technology-related as-
sistance;
‘‘(iii) coordination among public agen-
cies and between public agencies and pri-
vate entities, including the entering into of
interagency and interstate agreements; and
‘‘(iv) the active, timely, and meaning-
ful participation by individuals with dis-
abilities and their family members, guard-
ians, advocates, and authorized representa-
tives, or other appropriate individuals with
respect to carrying out activities under the
grant; and
‘‘(D) delegating any responsibilities de-
scribed in this paragraph, in whole or in part,
to one or more appropriate offices, agencies, enti-
ties, or individuals.
‘‘(2) ABILITIES
OF
LEAD
AGENCY.—Evidence
that the lead agency described in paragraph (1) has
the ability—
‘‘(A) to respond to assistive technology needs
across disability and age;
‘‘(B) to promote the availability throughout
the State of assistive technology devices and serv-
ices;
‘‘(C) to promote and implement systems
change activities;
‘‘(D) to promote and implement public-pri-
vate partnerships;
‘‘(E) to exercise leadership in identifying
and responding to the technology needs of indi-
viduals with disabilities and their family mem-
bers, guardians, advocates, and authorized rep-
resentatives;
‘‘(F) 
to 
promote 
and 
document 
the
consumer-responsive, consumer-driven nature of
the comprehensive statewide program of tech-
nology-related assistance; and
‘‘(G) to exercise leadership in implementing
effective strategies for capacity building, staff
and consumer training, and enhancement of ac-
cess to funding for assistive technology devices
and services across agencies.
‘‘(3) AGENCY
INVOLVEMENT.—A description of
the nature and extent of involvement of various State
agencies in the preparation of the application and the
continuing role of each agency in the development
and implementation of the consumer-responsive,
consumer-driven, comprehensive statewide program of
technology-related assistance, including the identifica-
tion of the available resources and financial respon-
sibility of each agency for paying for assistive tech-
nology devices and services.
‘‘(4) PUBLIC
INVOLVEMENT.—A description of
the nature and extent of the involvement in the devel-
opment of the application, and the continuing role in
the consumer-responsive, consumer-driven, comprehen-
sive statewide program of technology-related assist-
ance of—
‘‘(A) individuals with disabilities;
‘‘(B) the family members, guardians, advo-
cates, and authorized representatives of such in-
dividuals;
‘‘(C) other appropriate individuals who are
not employed by a State agency; and
‘‘(D) organizations, providers, employers,
and other interested parties from the private sec-
tor.’’;
(4) in paragraph (5) (as redesignated by para-
graph (2)), by striking ‘‘underserved groups’’ and in-
serting ‘‘underrepresented populations and rural pop-
ulations’’;
(5) in paragraph (7) (as redesignated by para-
graph (2)), by striking ‘‘consumer-responsive’’ and in-
serting ‘‘consumer-responsive, consumer-driven, com-
prehensive’’;
(6) by striking paragraph (8) (as redesignated
by paragraph (2)) and inserting the following:
‘‘(8) DATA COLLECTION.—A description of—
‘‘(A) the data collection system used for
compiling information as required by the Sec-
retary and, when a national classification sys-
tem is developed pursuant to section 201, consist-
ent with such classification system; and
‘‘(B) procedures that will be used to conduct
evaluations.’’;
(7) in paragraph (9) (as redesignated by para-
graph (2)), by striking ‘‘devices and assistive tech-
nology’’ and inserting ‘‘devices and’’;
(8) in paragraph (12) (as redesignated by para-
graph (2))—
(A) in subparagraph (A), by striking ‘‘de-
vices and assistive technology’’ and inserting
‘‘devices and’’; and
(B) in subparagraph (B), by striking ‘‘de-
vices or assistive technology’’ each place it ap-
pears and inserting ‘‘devices or’’;
(9) by amending paragraph (16) (as redesig-
nated by paragraph (2)) to read as follows:
‘‘(16) FISCAL CONTROL AND ACCOUNTING PROCE-
DURES.—An assurance that—
‘‘(A) the State will adopt such fiscal control
and accounting procedures as may be necessary
to ensure proper disbursement of and accounting
for amounts received under the grant; and
‘‘(B) the lead agency will have the authority
to use funds under this title to comply with the
State grant requirements, including the ability
to hire qualified staff necessary to carry out
project activities.’’; and
(10) by inserting after paragraph (17) (as redes-
ignated by paragraph (2)) the following:
‘‘(18) PROTECTION AND ADVOCACY SERVICES.—
An assurance that the State will allocate a specific
amount of funds, from Federal or State sources, for
protection and advocacy services provided pursuant
to section 101(b)(4). In reviewing an application by
the State, the Secretary shall review such specific
amount to determine if it is reasonable in relation to
the size of the grant and the needs of individuals with
disabilities within the State. In making such deter-
mination, the Secretary shall consider the population
of the State and the geographic size of the State.
‘‘(19) TRAINING ACTIVITIES.—An assurance that
the State—
‘‘(A) will develop and implement strategies
for including personnel training in assistive
technology within existing Federal- and State-
funded training initiatives to enhance assistive
technology skills and competencies; and
‘‘(B) will document such training activities.
‘‘(20) LIMIT ON INDIRECT COSTS.—An assurance
that the percentage of funds used for indirect costs
shall not exceed 15 percent.
‘‘(21) COORDINATION WITH STATE COUNCILS.—
An assurance that there will be coordination between
the project funded under this Act and other councils
within the State, including the State Rehabilitation
Advisory Council (or Councils) established under sec-
tion 105 of the Rehabilitation Act of 1973 (29 U.S.C.
725), the Statewide Independent Living Council es-
tablished under section 705 of such Act (29 U.S.C.
796d), the advisory panel established under section
613(a)(12) of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1413(a)(12)), the State Inter-
agency Coordinating Council established under sec-
tion 682 of such Act (20 U.S.C. 1482), the State
Planning Council described in section 124 of the De-
velopmental Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6024), and the State mental health
planning council established under section 1916(e) of
the Public Health Service Act (42 U.S.C. 300x–4(e)).
‘‘(22) COORDINATION
WITH
OTHER
SYSTEMS
CHANGE PROJECTS.—An assurance that there will be
coordination between the project funded under this
Act and other related systems change projects funded
by either Federal or State funds.
‘‘(23) AVAILABILITY OF INFORMATION.—An as-
surance that the State will—
‘‘(A) make available to individuals with
disabilities and their family members, guard-
ians, advocates, and authorized representatives
information concerning technology-related assist-
ance in a form that will allow such individuals
with disabilities to effectively use such informa-
tion; and
‘‘(B) in preparing such information for dis-
semination, consider the media-related needs of
individuals with disabilities who have sensory
and cognitive limitations and consider the use of
auditory materials, including audio cassettes,
visual materials, including video cassettes and
video discs, and braille materials.
‘‘(24) TIMELINESS OF SERVICE PROVISION.—An
assurance that the State—
‘‘(A) will review all State laws, regulations,
policies, procedures, and practices that have an
impact on—
‘‘(i) the decisions related to the need
for and the provision of assistive technology
devices and services;
‘‘(ii) the specific entity within the
State that will provide such service or de-
vice;
‘‘(iii) the procurement policies, proce-
dures, and practices that affect the acquisi-
tion or usage of such service or device; or
‘‘(iv) the timelines involved in such
procurement;
‘‘(B) will review the information required
under subparagraph (A) to determine areas that
inhibit or delay the acquisition or delivery of a
needed assistive technology service or device, par-
ticularly as such service or device relates to mi-
nors; and
‘‘(C) will determine ways in which the
timelines for acquisition and delivery may be de-
creased.’’.
SEC. 103. EXTENSION GRANTS.
(a) GENERAL AUTHORITY.—Section 103(a) of the
Technology-Related Assistance for Individuals With Dis-
abilities Act of 1988 (29 U.S.C. 2213(a)) is amended to
read as follows:
‘‘(a) GENERAL
AUTHORITY.—The Secretary may
award a 2-year extension grant to any State that—
‘‘(1) has been awarded one development grant
under section 102;
‘‘(2) has successfully satisfied the requirements
in such section; and
‘‘(3) has demonstrated to the Secretary that the
State made significant progress in developing and
implementing a consumer-responsive, consumer-driv-
en, comprehensive statewide program of technology-re-
lated assistance, consistent with sections 2(b)(1), 101,
and 102(d).’’.
(b) ASSESSMENT OF PROGRESS.—Section 103 of the
Technology-Related Assistance for Individuals With Dis-
abilities Act of 1988 (29 U.S.C. 2213) is amended—
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the follow-
ing:
‘‘(b) ASSESSMENT OF PROGRESS.—The Secretary shall
develop guidelines to be used in assessing the extent to which
the State is making significant progress in developing and
implementing a consumer-responsive, consumer-driven,
comprehensive statewide program of technology-related as-
sistance consistent with section 2(b)(1).’’.
(c) AMOUNTS OF GRANTS.—Section 103(c) of the Tech-
nology-Related Assistance for Individuals With Disabilities
Act of 1988 (29 U.S.C. 2213(c)) (as redesignated by sub-
section (b)) is amended—
(1) in paragraph (1)(A), by striking ‘‘section
106’’ and inserting ‘‘section 108(a)(1)’’;
(1) by striking paragraphs (1), (2), and (3) and
inserting the following:
‘‘(1) INFORMATION AND ASSURANCES.—The in-
formation and assurances described in section 102(d),
except the preliminary needs assessment described in
section 102(d)(5).
‘‘(2) NEEDS.—A description of—
‘‘(A) needs relating to technology-related as-
sistance for individuals with disabilities (includ-
ing individuals from underrepresented popu-
lations and rural populations), their family
members, guardians, advocates, and authorized
representatives, and other appropriate individ-
uals within the State;
‘‘(B) gaps that remain in the development
and implementation of a consumer-responsive,
consumer-driven, comprehensive statewide pro-
gram of technology-related assistance;
‘‘(C) strategies that the State will pursue
during the grant period to remedy such gaps;
and
‘‘(D) outreach activities, with special atten-
tion to underrepresented populations and rural
populations.
‘‘(3) ACTIVITIES
AND
PROGRESS
UNDER
PRE-
VIOUS GRANT.—A description of the specific activities
carried out under the development grant received
under section 102, the relationship of such activities
to the development and implementation of a
consumer-responsive, consumer-driven, comprehensive
statewide program of technology-related assistance,
and the progress made toward the development and
implementation of such a program. Such description
shall include, at a minimum—
‘‘(A) a description of State actions that
were undertaken to produce systems change on a
permanent basis for individuals of all ages with
disabilities;
‘‘(B) a description of training and technical
assistance efforts to improve individual access to
assistive technology devices and services; and
‘‘(C) an evaluation of the impact and re-
sults of the activities described in subparagraphs
(A) and (B).’’;
(2) in paragraph (4)—
(A) in the matter preceding subparagraph
(A), by striking ‘‘families or representatives of
individuals with disabilities,’’ and inserting
‘‘their family members, guardians, advocates,
and authorized representatives,’’; and
(B) in subparagraph (C), by striking
‘‘consumer-responsive’’ and inserting ‘‘consumer-
responsive, consumer-driven, comprehensive’’;
(3) by striking paragraph (6) and redesignating
paragraph (7) as paragraph (6);
(4) in paragraph (6) (as redesignated by para-
graph (3)), by inserting ‘‘, or any recipient of its
funds,’’ after ‘‘State’’; and
(5) by adding at the end the following:
‘‘(7) CONTINUATION OF PROGRAM.—A descrip-
tion of the steps the State has taken or will take to
continue on a permanent basis a consumer-respon-
sive, consumer-driven, comprehensive statewide pro-
gram of technology-related assistance, including an
identification of potential funding sources and fund-
ing commitments for the program from the public
and private sectors and from the agencies and entities
who will be involved with and direct future efforts.’’.
SEC. 104. SECOND EXTENSION GRANTS.
The Technology-Related Assistance for Individuals
With Disabilities Act of 1988 (29 U.S.C. 2201 et seq.) is
amended—
(1) by redesignating sections 104 and 105 as sec-
tions 105 and 106, respectively;
(2) by redesignating section 106 as section 108;
and
(3) by inserting after section 103 the following:
‘‘SEC. 104. SECOND EXTENSION GRANTS.
‘‘(a) GENERAL
AUTHORITY.—The Secretary may
award a 5-year second extension grant to any State that—
‘‘(1) has been awarded one extension grant under
section 103;
‘‘(2) has successfully satisfied the requirements
in such section; and
‘‘(3) has demonstrated to the Secretary that the
State made significant progress in developing and
implementing a consumer-responsive, consumer-driv-
en, comprehensive statewide program of technology-re-
lated assistance, consistent with sections 2(b)(1), 101,
and 102(d).
‘‘(b) AMOUNTS OF GRANTS.—The amounts and the
priority of the extension grants under this section shall be
the same as the amounts and priority of extension grants
under section 103(c), except that—
‘‘(1) the amount paid to a State for the fourth
year of the grant period shall be 75 percent of the
amount paid to the State for the third year of the
grant period;
‘‘(2) the amount paid to a State for the fifth
year of the grant period shall be 50 percent of the
amount paid to the State for the third year of the
grant period; and
‘‘(3) after the fifth year of the grant period, no
Federal funds shall be made available to the State
under this Act.
In providing any increases in State grants above the
amounts provided to States in fiscal year 1993, the Sec-
retary shall give priority to the 10 States that have the larg-
est populations, as determined by the 1990 decennial census
of the population, and States that are sparsely populated,
with a wide geographic spread, where such characteristics
have impeded the development of a statewide program.
‘‘(c) APPLICATION.—A State that desires to receive an
extension grant under this section shall submit an applica-
tion that contains the information and assurances required
under section 103(d), except that the descriptions of the ac-
tivities carried out and the progress made under a develop-
ment grant that are referred to in such section shall relate,
in an application under this section, to an extension grant
under section 103.’’.
SEC. 105. PROGRESS REPORTS.
Section 105 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (29 U.S.C. 2214)
(as redesignated by section 104) is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) IN GENERAL.—Each State that receives a grant
under this title shall submit to the Secretary annually a
report that documents significant progress in developing
and implementing a consumer-responsive, consumer-driven,
comprehensive statewide program of technology-related as-
sistance, consistent with sections 2(b)(1), 101, and 102(d).
The report shall document the following:
‘‘(1) Successful systems change activities to in-
crease funding for, and access to, assistive technology
devices and services, including—
‘‘(A) an analysis of laws, regulations, poli-
cies, 
procedures, 
and 
practices 
that 
have
changed, the program has attempted to change,
or that need to be changed to facilitate the acqui-
sition of assistive technology;
‘‘(B) a report on protection and advocacy
services provided; and
‘‘(C) other relevant processes or activities.
‘‘(2) The degree of consumer satisfaction and
participation, and particularly the satisfaction and
participation of underrepresented populations and
rural populations, with the statewide program, based
upon mechanisms that have been developed pursuant
to section 101(b)(2)(B)(iii).
‘‘(3) The degree of involvement of various State
agencies in the preparation of the application and the
continuing role of each agency in the development
and implementation of the statewide program, includ-
ing the identification of the available resources and
financial responsibility of each agency for paying for
assistive technology devices and services.
‘‘(4) Efforts to train personnel as well as con-
sumers.
‘‘(5) Information collection and dissemination
activities relating to systems change activities identi-
fied in paragraph (1).
‘‘(6) Written notices by State and local agencies
of policies, procedures, and practices that have been
developed or amended in order to inform individuals
with disabilities and their family members, guard-
ians, advocates, and authorized representatives of
Federal requirements pertaining to assistive tech-
nology devices and services, particularly under parts
B and H of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.) and title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).
‘‘(7) Efforts to disseminate information on all
major program initiatives to other States by means
of electronic communication.
‘‘(8) Efforts to comply with the assurance pro-
vided pursuant to section 102(d)(24).
‘‘(9) Efforts to reduce the service delivery time
for receiving assistive technology devices and services.
‘‘(10) Efforts to disseminate information about
interagency activities that promote coordination of
assistive technology services, including evidence of in-
creased participation of State and local special edu-
cation, vocational rehabilitation, and medical assist-
ance agencies and departments.’’;
(2) in subsection (b), by striking ‘‘section 103’’
and inserting ‘‘sections 103 and 104’’; and
(3) by adding at the end the following:
‘‘(c) REPORTS ON PROTECTION AND ADVOCACY SERV-
ICES.—An organization that is awarded a contract to pro-
vide protection and advocacy services pursuant to section
101(b)(4) shall make significant progress in providing such
services. One year after the date of the enactment of the
Technology-Related Assistance for Individuals With Dis-
abilities Amendments of 1993, and each year thereafter, the
organization shall document such progress for the Secretary
in each of the following areas:
‘‘(1) Conducting activities that are consumer-re-
sponsive and consumer-driven, including activities
that will lead to increased access to funding for
assistive technology devices and services.
‘‘(2) Executing legal, administrative, and other
appropriate means of representation to implement
systems change.
‘‘(3) Developing and implementing strategies de-
signed to enhance the long-term abilities of individ-
uals with disabilities and their family members,
guardians, advocates, and authorized representatives
to successfully advocate for assistive technology to
which the individuals with disabilities are entitled
under law.
‘‘(4) Coordination with protection and advocacy
services funded through sources other than this Act.
‘‘(d) PUBLIC COMMENT.—
‘‘(1) HEARING.—An organization that is award-
ed a contract to provide protection and advocacy
services pursuant to section 101(b)(4) shall, during
the period described in paragraph (2), conduct a
hearing for public comment from interested persons to
ascertain the extent to which the State that awarded
the contract to the organization is making significant
progress, under the grant that is effective at the time
of the hearing, in developing and implementing a
consumer-responsive, consumer-driven, comprehensive
statewide program of technology-related assistance.
‘‘(2) DATE OF HEARING.—The hearing required
under paragraph (1) shall be conducted within the 6-
month period ending on the date of the termination
of a grant received under section 103, or within the
6-month period ending on the date that is 24 months
after the date on which a grant under section 104
commenced, whichever is applicable to the State that
awarded the contract to the organization.
‘‘(3) REPORT.—An organization referred to in
paragraph (1) shall submit to the Secretary a report
summarizing the public comments received at a hear-
ing conducted under the paragraph within the 6-
month period beginning on the date the hearing is
concluded.’’.
SEC. 106. ADMINISTRATIVE PROVISIONS.
Section 106 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (29 U.S.C. 2215)
(as redesignated by section 104) is amended—
(1) in clause (ii) of subsection (a)(2)(B), by
striking ‘‘GS-18 of the General Schedule under section
5332 of title 5,’’ and inserting ‘‘level IV of the Execu-
tive Schedule under section 5315 of title 5,’’;
(2) by redesignating subsection (c) as subsection
(g);
(3) by inserting after subsection (b) the follow-
ing:
‘‘(c) REDESIGNATION OF LEAD AGENCY.—
‘‘(1) MONITORING PANEL.—Once a State becomes
subject to a corrective action plan pursuant to sub-
section (b), the Governor of the State, subject to ap-
proval by the Secretary, shall appoint within 30 days
a monitoring panel consisting of the following rep-
resentatives:
‘‘(A) The head of the lead agency designated
by the Governor.
‘‘(B) 2 representatives from different public
or private nonprofit organizations that represent
the interests of individuals with disabilities.
‘‘(C) 2 consumers who are users of assistive
technology devices and services and who are
not—
‘‘(i) members of the advisory council of
the program; or
‘‘(ii) employees of the State lead agen-
cy.
‘‘(D) 2 service providers with knowledge
and expertise in assistive technology devices and
services.
The monitoring panel shall be ethnically diverse and
shall choose its own chairperson. The panel shall re-
ceive periodic reports from the State regarding
progress in implementing the corrective action plan
and shall have the authority to request additional in-
formation necessary to determine compliance. The
meetings of the panel to determine compliance shall
be open to the public (subject to confidentiality con-
cerns) and held at locations that are accessible to in-
dividuals with disabilities. The panel shall remain
active for the entire period of the corrective action
plan, as determined by the Secretary. The panel shall
be funded by a portion of the funds received by the
State under this title, as directed by the Secretary.
‘‘(2) 
FAILURE
TO
APPOINT
MONITORING
PANEL.—A failure by a Governor of a State to com-
ply with the requirements of paragraph (1) shall re-
sult in the complete loss of funding under this title,
until redesignation pursuant to the process established
in paragraph (4).
‘‘(3) DETERMINATION.—Based on its findings, a
monitoring panel may determine that a lead agency
designated by a Governor has not met the purposes es-
tablished in section 2(b)(1) and that there is good
cause for redesignation and the temporary loss of
funds under this title. In this paragraph, the term
‘good cause’ includes—
‘‘(A) lack of progress with employment of
qualified staff;
‘‘(B) lack of consumer-responsive, consumer-
driven activities;
‘‘(C) lack of resource allocation to systems
change activities;
‘‘(D) lack of progress with meeting the as-
surances in section 102(d); or
‘‘(E) inadequate fiscal management.
If a monitoring panel makes such a determination, it
shall recommend to the Secretary that further reme-
dial action be taken or that the Secretary order the
Governor to hold an open competition pursuant to
paragraph (4). The Secretary, based on the findings
and recommendations of the monitoring panel, shall
make a final determination with respect to the lead
agency designation under this title.
‘‘(4) NEW
STATE
COMPETITION.—In the event
that a State loses funding under this title pursuant
to paragraph (2) or (3), the Governor of the State
shall hold an open competition within the State and
issue a request for proposals within 30 days for agen-
cy redesignation. Such competition shall be open to
State agencies, public and private nonprofit organiza-
tions, consortia of such organizations, or institutions
of higher education. The competition shall ensure
public involvement, including a public hearing and
adequate opportunity for public comment. The Sec-
retary shall have final approval of the agency or or-
ganization designated after such competition.
‘‘(d) REDESIGNATION OF PROTECTION AND ADVOCACY
SERVICES.—If the Secretary determines that significant
progress has not been achieved by an organization that is
awarded a contract to provide protection and advocacy
services for a State pursuant to section 101(b)(4), the Sec-
retary shall consult with the Governor of such State in a
timely manner. After such consultation, if it is determined
that remedial action is not appropriate, the Governor shall
hold an open competition within the State and issue a re-
quest for proposals within 30 days for agency redesignation.
Such competition shall be open to entities with the same
expertise and ability to provide legal services as an organi-
zation referred to in section 101(b)(4). The competition
shall ensure public involvement, including a public hearing
and adequate opportunity for public comment.
‘‘(e) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—The Secretary shall publish,
by December 31 of each year, an annual report to the
President and to the Congress on the activities funded
under this Act and other Federal initiatives to im-
prove the access of individuals with disabilities to
assistive technology devices and services. The report
shall address the following:
‘‘(A) Demonstrated successes at the Federal
and State levels in improving interagency co-
ordination, streamlining access to funding, and
producing beneficial outcomes for users of
assistive technology.
‘‘(B) Demonstrated successes in promoting
funding access in existing public programs and
establishing new funding options.
‘‘(C) 
Activities 
targeted 
to 
reach
underrepresented populations and rural popu-
lations.
‘‘(D) Consumer involvement activities in the
State programs.
‘‘(E) Education and training activities to
promote awareness of available funding in public
programs.
‘‘(F) Efforts made to educate and train in-
dividuals with disabilities and their family
members, guardians, advocates, and authorized
representatives, representatives of public agencies
and private entities that have contact with indi-
viduals with disabilities (including insurers),
teachers and related services personnel, tech-
nology experts (including engineers), employers,
and other appropriate individuals about tech-
nology-related assistance.
‘‘(G) Research activities undertaken to im-
prove the understanding of the cost-benefit ratio
resulting from the use of assistive technology for
individuals of all ages and with varying disabil-
ities.
‘‘(2) REPORT
ON
AVAILABILITY.—As soon as
practicable, but not later than January 1, 1996, the
Secretary shall include in the annual report required
by this section a report on the availability of assistive
technology devices and services for individuals with
disabilities based on the national classification system
developed under section 201.
‘‘(f) INTERAGENCY DISABILITY COORDINATING COUN-
CIL.—On or before October 1, 1995, the Interagency Dis-
ability Coordinating Council established under section 507
of the Rehabilitation Act of 1973 (29 U.S.C. 794d) shall
prepare and submit to the President and to the Congress
a report of—
‘‘(1) the response of the Interagency Disability
Coordinating Council to the findings and rec-
ommendations of the National Council on Disability
(established under section 400 of the Rehabilitation
Act of 1973 (29 U.S.C. 780)) that were included in
the Study on the Financing of Assistive Technology
Devices and Services for Individuals with Disabilities
of the National Council on Disability; and
‘‘(2) activities of the Interagency Disability Co-
ordinating Council that facilitate the accomplishment
of section 2(b)(2) with respect to the Federal Govern-
ment.
The report shall include any comments submitted by the
National Council on Disability to the Interagency Disabil-
ity Coordinating Council that pertain to paragraph (1) or
(2).’’; and
(4) by amending subsection (g) (as redesignated
by paragraph (2)) to read as follows:
‘‘(g) EFFECT ON OTHER ASSISTANCE.—This title may
not be construed as authorizing a State or a Federal agency
to reduce medical or other assistance available or to alter
eligibility under any Federal statute.’’.
SEC. 107. INFORMATION AND TECHNICAL ASSISTANCE.
The Technology Related Assistance for Individuals
With Disabilities Act of 1988 (29 U.S.C. 2201 et seq.) is
amended by inserting after section 106 (as redesignated by
section 104) the following:
‘‘SEC. 107. INFORMATION AND TECHNICAL ASSISTANCE.
‘‘(a) IN GENERAL.—The Secretary shall provide to
States and individuals with disabilities and their family
members, guardians, advocates, and authorized representa-
tives information and technical assistance.
‘‘(b) INFORMATION AND TECHNICAL ASSISTANCE TO
STATES.—Information and technical assistance provided to
the States under subsection (a) shall include—
‘‘(1) providing a clearinghouse for activities that
have been developed and implemented by projects
funded pursuant to this Act;
‘‘(2) facilitating service delivery capacity build-
ing, training of personnel across disciplines, evalua-
tion strategies, and research and data collection;
‘‘(3) providing information and technical assist-
ance on effective approaches to information referral,
interagency coordination on training and service de-
livery, outreach to underrepresented populations and
rural populations, and public awareness activities;
‘‘(4) assisting in planning, developing, imple-
menting and evaluating appropriate activities to fur-
ther extend consumer-responsive, consumer-driven,
comprehensive statewide programs of technology-relat-
ed assistance for individuals with disabilities;
‘‘(5) providing technical assistance and training
to the projects funded pursuant to this title for activi-
ties conducted pursuant to section 101(c)(3); and
‘‘(6) providing any other appropriate informa-
tion and technical assistance to assist the States in
accomplishing the purposes of this Act.
‘‘(c) INFORMATION AND TECHNICAL ASSISTANCE TO
INDIVIDUALS.—Information and technical assistance pro-
vided to individuals with disabilities and their family
members, guardians, advocates, and authorized representa-
tives under subsection (a) shall include—
‘‘(1) disseminating information and providing
technical assistance on Federal, State and local laws,
regulations, policies, procedures, and practices that
facilitate funding for and access to assistive tech-
nology devices and services, to promote independence,
productivity, and inclusion in the economic, political,
social, cultural, and educational mainstream of
American society for individuals of all ages with dis-
abilities;
‘‘(2) identifying, collecting, and disseminating
information, and providing technical assistance on ef-
fective systems change activities, advocacy services,
and protection and advocacy services;
‘‘(3) collecting, analyzing, and disseminating on
a national basis assistive technology funding decisions
made as a result of policies, procedures, and prac-
tices, or through regulations, administrative hearings,
or legal action that enhance access to funding of
assistive technology devices and services for individ-
uals with disabilities;
‘‘(4) 
promoting 
State-Federal 
coordination
through information dissemination and technical as-
sistance activities in response to funding policy im-
provements identified by the States that enhance
funding for, or access to, assistive technology devices
and services for individuals of all ages with disabil-
ities; and
‘‘(5) providing any other appropriate informa-
tion and technical assistance to assist individuals
with disabilities and their family members, guard-
ians, advocates, and authorized representatives in ac-
complishing the purposes of this Act.
‘‘(d) GRANTS, CONTRACTS, AND AGREEMENTS.—
‘‘(1) PUBLIC OR PRIVATE AGENCIES.—The Sec-
retary shall provide the information and technical as-
sistance described in this section through grants, con-
tracts, or cooperative agreements with public or pri-
vate agencies and organizations, including institu-
tions of higher education, with documented experi-
ence, expertise, and capacity to accomplish identified
activities.
‘‘(2) NUMBER.—The Secretary shall provide the
information and technical assistance described in this
section through one or two grants, contracts, or coop-
erative agreements. An agency or organization that is
a party to such a grant, contract, or agreement may
contract with other public or private agencies or orga-
nizations for the purposes of providing the informa-
tion and technical assistance described in this sec-
tion.’’.
SEC. 108. FUNDING.
Section 108 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (29 U.S.C. 2216)
(as redesignated by section 104) is amended to read as fol-
lows:
‘‘SEC. 108. FUNDING.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated to carry out this title $50,000,000 for
fiscal year 1994, and such sums as may be necessary
for each of the fiscal years 1995 through 2002.
‘‘(2) RESERVATION.—The Secretary shall reserve
2 percent of funds appropriated in any fiscal year
under paragraph (1), or $1,500,000, whichever is
greater, for the purpose of providing to States and in-
dividuals with disabilities and their family members,
guardians, advocates, and authorized representatives
information and technical assistance under section
107.
‘‘(b) ADMINISTRATION.—From funds appropriated for
salaries and expenses with respect to the Department of
Education for each fiscal year beginning after October 1,
1993, the Secretary—
‘‘(1) shall expend such amounts as may be nec-
essary to ensure that 4 full-time employees are added
to the number of employees serving on September 30,
1993, in the Office of Special Education and Reha-
bilitative Services of the Department of Education;
and
‘‘(2) shall assign such additional employees to
the National Institute on Disability and Rehabilita-
tion Research to be engaged in the full-time adminis-
tration of this Act.’’.
TITLE II—PROGRAMS OF
NATIONAL SIGNIFICANCE
SEC. 201. PROGRAMS AUTHORIZED.
The Technology-Related Assistance for Individuals
With Disabilities Act of 1988 (29 U.S.C. 2201 et seq.) is
amended by striking title II and inserting the following:
‘‘TITLE II—PROGRAMS OF
NATIONAL SIGNIFICANCE
‘‘PART A—NATIONAL CLASSIFICATION SYSTEM
‘‘SEC. 201. NATIONAL CLASSIFICATION SYSTEM.
‘‘(a) IN GENERAL.—The Secretary—
‘‘(1) shall collect the uniform data described in
subsection (c) across the publicly funded programs de-
scribed in subsection (d) through the use of a single
taxonomy and a uniform data collection instrument;
and
‘‘(2) shall develop, in consultation with the In-
ternal Revenue Service, procedures for determining
whether devices and services are assistive technology
devices or services within the meaning of paragraph
(2) or (3) of section 3.
‘‘(b) SINGLE TAXONOMY.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the technical assistance contractees de-
scribed in section 107(d), the States receiving funds
under title I, organizations that have worked in the
information and referral field in the past, and
assistive technology reimbursement specialists, shall
adopt a single taxonomy for assistive technology de-
vices and services.
‘‘(2) DEADLINES.—(A) The Secretary may carry
out this subsection through a contract or grant if the
contract or grant is made within the 6-month period
beginning on the date of the enactment of the Tech-
nology-Related Assistance for Individuals With Dis-
abilities Amendments of 1993. If the Secretary carries
out this subsection through contract or grant, the con-
tract or grant shall be for a period of not more than
2 years.
‘‘(B) If the Secretary does not carry out this sub-
section through contract or grant, the Secretary shall
adopt the taxonomy described in paragraph (1) with-
in the 2-year period beginning on the date of the en-
actment of the Technology-Related Assistance for In-
dividuals With Disabilities Amendments of 1993.
‘‘(c) UNIFORM DATA.—The uniform data referred to
in subsection (a) shall include the following:
‘‘(1) Expenditures for the different types of
assistive technology devices and services.
‘‘(2) Type of disability of the individual.
‘‘(3) Type of functional needs of the individual
with a disability.
‘‘(4) Type of device.
‘‘(5) Type of service.
‘‘(6) Type of provider.
‘‘(7) Age of the individual.
‘‘(8) Gender of the individual.
‘‘(9) Ethnicity of the individual.
‘‘(10) Geographic residence of the individual.
‘‘(11) Funding source.
‘‘(d) PUBLICLY FUNDED PROGRAMS.—The publicly
funded programs referred to in subsection (a) shall in-
clude—
‘‘(1) titles I, VI, and VII of the Rehabilitation
Act of 1973 (29 U.S.C. 701 et seq.);
‘‘(2) parts H and B of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1400 et seq.);
‘‘(3) titles V and XIX of the Social Security Act
(42 U.S.C. 301 et seq.);
‘‘(4) programs funded under the Older Ameri-
cans Act of 1965 (42 U.S.C. 3001 et seq.); and
‘‘(5) programs funded under the Developmental
Disabilities and Bill of Rights Act (42 U.S.C. 6000
et seq.).
‘‘PART B—TRAINING AND DEMONSTRATION
PROJECTS
‘‘SEC. 211. TRAINING GRANTS.
‘‘(a) TECHNOLOGY TRAINING.—
‘‘(1) GENERAL AUTHORITY.—The Secretary shall
enter into contracts or cooperative agreements with
appropriate public or private agencies and organiza-
tions, including institutions of higher education, for
the purposes of—
‘‘(A) conducting training sessions; and
‘‘(B) developing, demonstrating, disseminat-
ing, and evaluating curricula, materials, and
methods used to train individuals regarding the
provision of technology-related assistance.
‘‘(2) ELIGIBLE ACTIVITIES.—Activities conducted
under contracts or cooperative agreements entered
into under paragraph (1) may address the training
needs of individuals with disabilities and their family
members, guardians, advocates, and authorized rep-
resentatives, representatives of public agencies and
private entities that have contact with individuals
with disabilities (including insurers), teachers and re-
lated services personnel, technology experts (including
engineers), employers, and other appropriate individ-
uals.
‘‘(b) TECHNOLOGY CAREERS.—
‘‘(1) IN
GENERAL.—The Secretary shall make
grants to assist institutions of higher education to
prepare students and faculty working in specific
fields for careers relating to the provision of assistive
technology devices and services. The specific fields in-
clude—
‘‘(A) engineering;
‘‘(B) industrial technology;
‘‘(C) computer science;
‘‘(D) communication disorders;
‘‘(E) special education;
‘‘(F) rehabilitation; and
‘‘(G) social work.
‘‘(2) PRIORITY.—In awarding grants under
paragraph (1), the Secretary shall give priority to the
preparation of personnel who will provide technical
assistance, administer programs, or prepare personnel
necessary to support the development and implemen-
tation of consumer-responsive, consumer-driven, com-
prehensive statewide programs of technology-related
assistance for individuals with disabilities.
‘‘(3) USES OF FUNDS.—Amounts made available
for grants under paragraph (1) may be used by insti-
tutions of higher education to assist in covering the
cost of courses of training or study for such personnel
and for establishing and maintaining fellowships or
traineeships with such stipends and allowances as
may be determined by the Secretary.
‘‘(c) GRANTS TO HISTORICALLY BLACK COLLEGES.—
In exercising the authority granted in subsections (a) and
(b), the Secretary shall reserve an adequate amount for
grants to historically black colleges and universities and
other institutions of higher education whose minority stu-
dent enrollment is at least 50 percent.
‘‘SEC. 212. TECHNOLOGY TRANSFER.
‘‘The Secretary shall provide funds to an organization
whose primary function is to promote technology transfer
from, and cooperation among, Federal laboratories (as de-
fined in section 4(6) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.)). Such
funds shall be used to promote technology transfer that will
spur the development of assistive technology devices.
‘‘SEC. 213. DEVICE AND EQUIPMENT REDISTRIBUTION IN-
FORMATION SYSTEMS AND RECYCLING CEN-
TERS.
‘‘(a) IN GENERAL.—The Secretary shall make grants
to, or enter into contracts or cooperative agreements with,
public agencies, private entities, or institutions of higher
education for the purpose of developing and establishing re-
cycling projects.
‘‘(b) ELIGIBLE ACTIVITIES.—Eligible recycling activi-
ties may include—
‘‘(1) a system for accepting, on an unconditional
gift basis, assistive technology devices, including a
process for valuing the devices and evaluating their
use and potential;
‘‘(2) a system for storing and caring for such de-
vices;
‘‘(3) an information system (including computer
databases) by which local educational agencies, reha-
bilitation entities, local community-based organiza-
tions, independent living centers and other entities,
would be informed, on a periodic and timely basis,
about the availability and nature of the devices cur-
rently held; and
‘‘(4) a system for making such devices available
to consumers and those entities listed in paragraph
(3), provided that such system include provision for
tracking each device throughout its useful life.
‘‘(c) MULTIPLE PROVIDERS.—With respect to activi-
ties funded under this section, an agency, entity, or institu-
tion may utilize a single authority or may establish a sys-
tem of service providers. If an agency, entity, or institution
uses multiple providers, the agency, entity, or institution
shall assure that—
‘‘(1) all consumers within a State receive equal
access to services, regardless of the geographic location
or socioeconomic status of the consumers; and
‘‘(2) all activities of the providers are coordi-
nated and monitored by the agency, entity, or institu-
tion.
‘‘(d) OTHER LAWS.—Nothing in this section shall af-
fect the provision of services or devices pursuant to title I
of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)
or part B of the Individuals With Disabilities Education
Act (20 U.S.C 1411 et seq.).
‘‘(e) EXISTING PROGRAMS.—Public agencies, private
entities, or institutions of higher education that have al-
ready established recycling programs may extend and
strengthen such programs through grants, contracts, or
agreements under this section.
‘‘SEC. 214. BUSINESS OPPORTUNITIES FOR INDIVIDUALS
WITH DISABILITIES.
‘‘The Secretary may make grants to individuals with
disabilities to enable them to establish or operate commer-
cial or other enterprises which develop or market assistive
technology devices or services.
‘‘SEC. 215. PRODUCTS OF UNIVERSAL DESIGN.
‘‘The Secretary may make grants to commercial or
other enterprises and institutions of higher education for
the research and development of products of universal de-
sign. Preference shall be given to those enterprises which
are owned or operated by individuals with disabilities.
‘‘SEC. 216. GOVERNING STANDARDS FOR PART B PROJECTS.
‘‘Projects operated pursuant to this part shall—
‘‘(1) be held to the same consumer-responsive,
consumer-driven standards as the program under title
I;
‘‘(2) make available to individuals with disabil-
ities and their family members, guardians, advocates,
and authorized representatives information concern-
ing technology-related assistance in a form that will
allow such individuals with disabilities to effectively
use such information;
‘‘(3) in preparing such information for dissemi-
nation, consider the media-related needs of individ-
uals with disabilities who have sensory and cognitive
limitations and consider the use of auditory mate-
rials, including audio cassettes, visual materials, in-
cluding video cassettes and video discs, and braille
materials; and
‘‘(4) coordinate their efforts with the consumer-
responsive, consumer-driven, comprehensive statewide
program of technology-related assistance for individ-
uals with disabilities in the State or States in which
the projects operate.
‘‘PART C—AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 221. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title $10,000,000 for fiscal year
1994, and such sums as may be necessary for each of the
fiscal years 1995 through 1998.
‘‘(b) RESERVATION.—Of the amounts appropriated
under subsection (a), the Secretary shall reserve $200,000
in each of the fiscal years 1994 and 1995 for the purpose
of adopting the taxonomy under section 201.’’.
TITLE III—ALTERNATIVE
FINANCING MECHANISMS
SEC. 301. ALTERNATIVE FINANCING MECHANISMS AUTHOR-
IZED.
The Technology-Related Assistance for Individuals
With Disabilities Act of 1988 (29 U.S.C. 2201 et seq.) is
amended by adding at the end the following:
‘‘TITLE III—ALTERNATIVE
FINANCING MECHANISMS
‘‘SEC. 301. GENERAL AUTHORITY TO PROVIDE ALTER-
NATIVE FINANCING MECHANISMS.
‘‘(a) IN GENERAL.—The Secretary shall award grants
to States to provide a Federal share for the establishment
of, or the expansion of, alternative financing mechanisms
to allow individuals with disabilities and their family
members, guardians, and authorized representatives to pur-
chase assistive technology devices and services. Grants
under this section may be used to provide up to one-half
of the costs of providing and administering such alternative
financing mechanisms. The mechanisms may include—
‘‘(1) a low-interest loan fund;
‘‘(2) a revolving fund;
‘‘(3) a loan insurance program;
‘‘(4) a partnership with private entities for the
purchase, lease, or other acquisition of assistive tech-
nology devices or the provision of assistive technology
services; and
‘‘(5) other alternative financing mechanisms that
meet the requirements of this Act and are approved
by the Secretary.
‘‘(b) CONSTRUCTION OF TITLE I.—Nothing in this sec-
tion shall be construed as affecting the authority of a State
to establish alternative financing mechanisms under title
I.
‘‘SEC. 302. APPLICATIONS AND PROCEDURES.
‘‘States that receive or have received grants under sec-
tion 102, 103, or 104 shall be eligible to compete for grants
under this title. The Secretary shall make grants under this
title under such conditions as the Secretary shall, by regula-
tion, determine, except that—
‘‘(1) a State may receive only one grant under
this title;
‘‘(2) a State that desires to receive a grant under
this title shall submit an application that contains—
‘‘(A) an assurance that the State will pro-
vide an amount not less than the amount paid
to the State by the Secretary under this title, as
set forth under section 304, for the purpose of
supporting the alternative financing mechanisms
that are covered by the grant;
‘‘(B) an assurance that an alternative fi-
nancing mechanism shall continue on a perma-
nent basis; and
‘‘(C) a description of the degree to which the
alternative financing mechanisms to be funded
under this title will expand and emphasize
consumer choice and control;
‘‘(3) a State that receives a grant under this
title—
‘‘(A) shall contract with a community-based
organization (or a consortia of such organiza-
tions) that has individuals with disabilities in-
volved at all organizational levels for the admin-
istration of the alternative financing mecha-
nisms that are supported by this title; and
‘‘(B) shall require that such community-
based organization contract, for the purpose of
expanding opportunities under this title and fa-
cilitating the administration of the alternative
financing mechanisms, with—
‘‘(i) commercial lending institutions or
organizations; or
‘‘(ii) State financing agencies; and
‘‘(4) a contract between a State that receives a
grant under this title and a community-based organi-
zation described in paragraph (3)—
‘‘(A) shall include the administration of
both the Federal and non-Federal matching
share in a manner consistent with the provisions
of this title; and
‘‘(B) shall include any provision required
by the Secretary dealing with oversight and eval-
uation as may be necessary to protect the finan-
cial interests of the United States.
‘‘SEC. 303. GRANT ADMINISTRATION REQUIREMENTS.
‘‘A State that receives a grant under this title, together
with any community-based organization that contracts to
administer an alternative financing mechanism that is sup-
ported by this title, shall develop and submit to the Sec-
retary, pursuant to a timeline that the Secretary may es-
tablish or, if the Secretary does not establish a timeline,
within the 12-month period beginning on the date that the
State receives the grant, the following policies or procedures
for administration of the mechanism:
‘‘(1) A procedure to review and process in a
timely fashion requests for financial assistance for
both immediate and potential technology needs, in-
cluding consideration of methods to reduce paperwork
and duplication of effort, particularly relating to
need, eligibility and determination of the specific de-
vice or service to be provided.
‘‘(2) A policy and procedure to assure that access
to the alternative funding mechanism shall be given
to consumers regardless of type of disability, age, lo-
cation of residence in the State, or type of assitive
technology device or service requested and shall be
made available to applicants of all income levels.
‘‘(3) A procedure to assure consumer-controlled
oversight.
‘‘SEC. 304. FINANCIAL REQUIREMENTS.
‘‘A State that desires to receive a grant under this title
shall submit an application that contains assurances that
funds supporting an alternative financing mechanism
under this title shall meet the following requirements:
‘‘(1) Funds provided by the State to match the
Federal share for the mechanism—
‘‘(A) shall be from either State, local, or
private sources;
‘‘(B) shall be of an amount at least equal to
the Federal funds provided under a grant under
this title; and
‘‘(C) shall not be taken from, or obtained by
the reduction of any services in, any program
providing similar services to individuals with
disabilities which is in operation on the date of
the submission of the application.
‘‘(2) Funds that support an alternative financ-
ing mechanism under this title—
‘‘(A) shall be used to supplement and not
supplant existing public funding options; and
‘‘(B) may only be distributed as a payer of
last resort for assistance that is not available in
a reasonable or timely fashion from any other
Federal, State, or local source.
‘‘(3) All funds that support an alternative fi-
nancing mechanism funded under this title, including
funds repaid during the life of the mechanism, shall
be placed in a permanent separate account and iden-
tified and accounted for separately from any other
fund. Funds within this account may be invested in
low-risk securities in which a regulated insurance
company may invest under the law of the State for
which the grant is provided and shall be administered
with the same judgment and care that a person of
prudence, discretion, and intelligence would exercise
in the management of the financial affairs of such
person.
‘‘(4) The principal and interest from an account
described in paragraph (3) shall be available to sup-
port an alternative financing mechanism supported
under this title. Any interest or investment income
that accrues on any funds covered under this para-
graph after such funds have been placed under the
control of the entity administering the mechanism,
but before such funds are distributed for purposes of
supporting the mechanism, shall be the property of
the entity administering the mechanism and shall not
be taken into account by any officer or employee of
the Federal Government for any purpose.
‘‘SEC. 305. AMOUNT OF GRANTS.
‘‘(a) IN GENERAL.—A grant under this title shall be
for an amount that is not more than $500,000 increased
by any amount made available under subsection (b).
‘‘(b) EXCESS FUNDS.—If funds appropriated under
section 308 for a fiscal year are in excess of the amount
necessary to fund acceptable applications for such year, the
Secretary shall make such excess amount available to States
receiving grants under this title in such year on a competi-
tive basis. A State that desires to receive additional funds
under this subsection shall amend and resubmit to the Sec-
retary the application submitted under section 302. Such
amended application shall contain an assurance that the
State will provide an additional amount for the purpose
of supporting the alternative financing mechanisms covered
by the grant that is not less than any additional amount
paid to the State by the Secretary under this subsection.
‘‘(c) INSUFFICIENT FUNDS.—If funds appropriated
under section 308 for a fiscal year are not sufficient to fund
each of the acceptable applications for such year, a State
whose application was approved as acceptable for such year
but that did not receive a grant under this title may update
such application for the succeeding fiscal year. Priority
shall be given in such succeeding fiscal year to such updated
applications, if acceptable.