Calendar No. 181
103D CONGRESS
1ST SESSION
H. R. 2339
IN THE SENATE OF THE UNITED STATES
AUGUST 4 (legislative day, AUGUST 30), 1993
Received; read twice and placed on the calendar
AN ACT
To revise and extend the programs of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Technology-Related Assistance for Individuals With Dis-
abilities Amendments of 1993’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I—GRANTS TO STATES
Sec. 101. Program authorized.
Sec. 102. Development grants.
Sec. 103. Extension grants.
Sec. 104. Second extension grants.
Sec. 105. Progress reports.
Sec. 106. Administrative provisions.
Sec. 107. Information and technical assistance.
Sec. 108. Funding.
TITLE II—PROGRAMS OF NATIONAL SIGNIFICANCE
Sec. 201. Programs authorized.
TITLE III—ALTERNATIVE FINANCING MECHANISMS
Sec. 301. Alternative financing mechanisms authorized.
TITLE IV—AMENDMENTS TO OTHER ACTS
Sec. 401. Individuals With Disabilities Education Act.
Sec. 402. Rehabilitation Act of 1973.
Sec. 403. Technical and conforming amendments.
TITLE V—EFFECTIVE DATE
Sec. 501. Effective date.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Section 2(a) of the Technology-Re-
lated Assistance for Individuals With Disabilities Act of
1988 (29 U.S.C. 2201(a)) is amended to read as follows:
‘‘(a) FINDINGS.—The Congress finds as follows:
‘‘(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 de-
vices and services enables some individuals with dis-
abilities—
‘‘(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 opportuni-
ties 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, includ-
ing 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 ac-
cess developing technologies. The inadvertent failure
of Federal and State governments, hardware manu-
facturers, software designers, information systems
managers, and telecommunications service providers
to account for the specific needs of individuals with
disabilities not only results in the exclusion of such
individuals from the use of telecommunications and
information technologies, but also results in unneces-
sary 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 re-
duces expenditures associated with early interven-
tion, education, rehabilitation, health care, transpor-
tation, telecommunication services, and other serv-
ices required by such individuals.
‘‘(7) A majority of States have technology-relat-
ed assistance programs. In spite of the efforts made
by such programs to provide comprehensive, state-
wide 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 serv-
ices;
‘‘(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 (in-
cluding engineers), employers, and other appro-
priate 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
services. In addition, the Federal Government does
not provide adequate assistance and information
with respect to the use of assistive technology de-
vices and services to individuals with disabilities and
their family members, guardians, advocates, and au-
thorized representatives, representatives of public
agencies and private entities that have contact with
individuals with disabilities (including insurers),
teachers and related services personnel, technology
experts (including engineers), employers, and other
appropriate individuals.’’.
(b) PURPOSES.—Section 2(b) of the Technology-Re-
lated 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-respon-
sive, consumer-driven, comprehensive statewide pro-
gram of technology-related assistance for individuals
of all ages with disabilities that is designed to create
systemic 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;
fered by human service agencies or between set-
tings of daily living;
‘‘(G) increasing the competence of person-
nel who provide technology-related assistance,
including assistive technology devices and serv-
ices;
‘‘(H) increasing awareness and knowledge
of the efficacy of assistive technology devices
and services among individuals with disabilities
and their family members, guardians, advo-
cates, 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 (in-
cluding engineers), employers, and other appro-
priate individuals;
‘‘(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;
‘‘(B) respect for the privacy, rights, and
equal access (including the use of accessible for-
mats), of such individuals;
‘‘(C) inclusion, integration, and full partici-
pation of such individuals;
‘‘(D) support for the involvement of family
members, guardians, advocates, or authorized
representatives if an individual with a disability
requests, desires, or needs such support; and
‘‘(E) support for individual and systemic
advocacy and community involvement.’’.
SEC. 3. DEFINITIONS.
Section 3 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (29 U.S.C.
2202) is amended—
(1) by redesignating paragraphs (1), (2), (3),
(4), (5), (6), (7), and (8) as paragraphs (2), (3),
(7), (9), (11), (12), (14), and (15), respectively;
(2) by inserting before paragraph (2) (as redes-
ignated by paragraph (1)) the following:
‘‘(1) ADVOCACY SERVICES.—The term ‘advo-
cacy services’ means assistance to individuals with
disabilities and their family members, guardians, ad-
vocates, and authorized representatives in accessing
assistive technology devices and services to which in-
dividuals 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
individual; 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 
under-
represented populations and rural populations, who
can benefit from the use of assistive technology de-
vices 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 mem-
bers, guardians, advocates, and authorized rep-
resentatives, including underrepresented populations
and rural populations, in the development, imple-
mentation, 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 insert-
ing ‘‘section 481(a)’’;
(8) by inserting after paragraph (9) (as redesig-
nated by paragraph (1)) the following:
‘‘(10) PROTECTION
AND
ADVOCACY
SERV-
ICES.—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 Pro-
tection and Advocacy for Mentally Ill Individ-
uals 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 re-
designated 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
devices 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
populations 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
Technology-Related Assistance for Individuals With Dis-
abilities Act of 1988 (29 U.S.C. 2211(a)) is amended by
striking ‘‘to develop and implement consumer-responsive’’
and inserting ‘‘in developing and implementing consumer-
responsive, 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 re-
ceives a grant under this title shall accomplish the pur-
poses described in section 2(b)(1) by carrying out the fol-
lowing activities:
‘‘(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 monitor-
ing State and local policies, procedures, and
practices that relate to such funds;
‘‘(B) establishing an interagency coordinat-
ing committee to enhance public funding op-
tions and coordinate access to funding for
assistive technology devices and services for in-
dividuals of all ages with disabilities, with spe-
cial attention to the issues of transition from
school to work, home use, and individual in-
volvement in the identification, planning, use,
delivery, and evaluation 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 Individ-
uals 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 in-
dividual.
‘‘(2) CONSUMER-RESPONSIVE, CONSUMER-DRIV-
EN
ACTIVITIES.—(A) 
Consumer-responsive,
consumer-driven activities shall include—
‘‘(i) 
providing 
outreach 
to 
under-
represented 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-relat-
ed assistance to work with such popu-
lations; and
‘‘(ii) establishing consumer advisory coun-
cils to advise such program, a majority of whose
members are—
‘‘(I) individuals with disabilities; and
‘‘(II) the family members, guardians,
or authorized representatives of individuals
with disabilities.
‘‘(B) Consumer-responsive, consumer-driven ac-
tivities may include—
‘‘(i) increasing consumer participation,
choice, and control in the selection and procure-
ment of assistive technology;
‘‘(ii) outreach to consumer organizations
and groups in the State to coordinate with ef-
forts of such organizations and groups to imple-
ment self-help, peer mentoring, and support
group programs to assist individuals with dis-
abilities and their family members, guardians,
advocates, and authorized representatives in ob-
taining funding for, and access to, assistive
technology devices and services;
‘‘(iii) developing mechanisms for determin-
ing consumer satisfaction and participation in
the comprehensive statewide program of tech-
nology-related assistance for individuals of all
ages with disabilities and documenting the re-
sults;
‘‘(iv) taking actions to develop standards
or, where appropriate, apply existing standards
to 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 technology-related assistance by individuals
with disabilities who are determined by the
State to be in financial need.
‘‘(3) ADVOCACY
SERVICES.—Advocacy serv-
ices—
‘‘(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
emphasis placed on underrepresented popu-
lations 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 serv-
ices by awarding a contract to provide such services
to an organization established for protection and ad-
vocacy services under the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6000
et seq.). Any State that provided protection and ad-
vocacy services prior to January 1, 1993, through an
organization other than that established for protec-
tion and advocacy services under such Act may con-
tinue to provide such services through such organi-
zation. Protection and advocacy services shall sup-
plement, not supplant, similar protection and advo-
cacy 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 para-
graph (1) to read as follows:
‘‘(c) AUTHORIZED ACTIVITIES.—Any State that re-
ceives a grant under this title may accomplish the pur-
poses described in section 2(b)(1) by carrying out the fol-
lowing activities:’’;