IV
103D CONGRESS
2D SESSION
H. RES. 351
To agree to the Senate amendment to the bill (H.R. 2339) with an
amendment.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 8, 1994
Mr. OWENS submitted the following resolution; which was considered and
agreed to
RESOLUTION
To agree to the Senate amendment to the bill (H.R. 2339)
with an amendment.
Resolved, That upon adoption of this resolution the
bill (H.R. 2339) to revise and extend the programs of the
Technology-Related Assistance for Individuals With Dis-
abilities Act of 1988, and for other purposes be and is
hereby taken from the Speaker’s table to the end that the
Senate amendment to the text of the bill be and is hereby
agreed to with the following amendment:
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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 Act Amendments of 1994’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Findings, purposes, and policy.
Sec. 4. Definitions.
TITLE I—GRANTS TO STATES
Sec. 101. Program authorized.
Sec. 102. Development grants.
Sec. 103. Extension grants.
Sec. 104. Progress criteria and reports.
Sec. 105. Administrative provisions.
Sec. 106. Authorization of appropriations.
Sec. 107. Repeals.
TITLE II—PROGRAMS OF NATIONAL SIGNIFICANCE
Sec. 201. National classification system.
Sec. 202. Training and demonstration projects.
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. Administrative requirements under the Head Start Act.
Sec. 404. Technical and conforming amendments.
TITLE V—EFFECTIVE DATE
Sec. 501. Effective date.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or a repeal of, a section or other
provision, the reference shall be considered to be made to
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a section or other provision of the Technology-Related As-
sistance for Individuals With Disabilities Act of 1988 (29
U.S.C. 2201 et seq.).
SEC. 3. FINDINGS, PURPOSES, AND POLICY.
(a) SECTION HEADING.—Section 2 (29 U.S.C. 2201)
is amended by striking the heading and inserting the fol-
lowing:
‘‘SEC. 2. FINDINGS, PURPOSES, AND POLICY.’’.
(b) FINDINGS.—Section 2(a) (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 to—
‘‘(A) live independently;
‘‘(B) enjoy self-determination;
‘‘(C) make choices;
‘‘(D) pursue meaningful careers; and
‘‘(E) enjoy full inclusion and integration in
the economic, political, social, cultural, and edu-
cational 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
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tools for making the performance of tasks quicker
and easier.
‘‘(3) For some individuals with disabilities,
assistive technology devices and assistive technology
services are necessary to enable the individuals—
‘‘(A) to have greater control over their
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
individuals who do not have disabilities; 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, that signifi-
cantly benefit individuals with disabilities of all ages.
Such devices can be used to increase the involvement
of such individuals in, and reduce expenditures asso-
ciated with, programs and activities such as early
intervention, education, rehabilitation and training,
employment, residential living, independent living,
recreation, and other aspects of daily living.
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‘‘(5) Most States have technology-related assist-
ance programs carried out under this Act. In spite
of the efforts made by such programs, there remains
a need to support systems change and advocacy ac-
tivities in order to assist States to develop and im-
plement consumer-responsive, comprehensive state-
wide programs of technology-related assistance for
individuals with disabilities of all ages.
‘‘(6) Notwithstanding the efforts of such State
technology-related assistance programs, there is still
a lack of—
‘‘(A) resources to pay for assistive tech-
nology devices and assistive technology services;
‘‘(B) trained personnel to assist individuals
with disabilities to use such devices and serv-
ices;
‘‘(C) information among individuals with
disabilities and their family members, guard-
ians, advocates, and authorized representatives,
individuals who work for public agencies, or for
private entities (including insurers), that have
contact with individuals with disabilities, edu-
cators and related service personnel, technology
experts (including engineers), employers, and
other appropriate individuals about the avail-
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ability and potential of technology for individ-
uals with disabilities;
‘‘(D) 
aggressive 
outreach 
to
underrepresented populations and rural popu-
lations;
‘‘(E) systems that ensure timely acquisi-
tion and delivery of assistive technology devices
and assistive technology services, particularly
with respect to children;
‘‘(F) coordination among State human
services programs, and between such programs
and private entities, particularly with respect to
transitions between such programs and entities;
and
‘‘(G) capacity in such programs to provide
the necessary technology-related assistance.
‘‘(7) 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 failure of Federal
and State governments, hardware manufacturers,
software designers, information systems managers,
and telecommunications service providers to account
for the specific needs of individuals with disabilities
results in the exclusion of such individuals from the
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use of telecommunications and information tech-
nologies and results in unnecessary costs associated
with the retrofitting of devices and product systems.
‘‘(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 the perception that such individuals
constitute a limited market.
‘‘(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
assistive technology services. In addition, the Fed-
eral Government does not provide adequate assist-
ance and information with respect to the use of
assistive technology devices and assistive technology
services to individuals with disabilities and their
family members, guardians, advocates, and author-
ized representatives, individuals who work for public
agencies, or for private entities (including insurers),
that have contact with individuals with disabilities,
educators and related services personnel, technology
experts (including engineers), employers, and other
appropriate individuals.’’.
(c) PURPOSES.—Section 2(b) (29 U.S.C. 2201(b)) is
amended to read as follows:
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‘‘(b) PURPOSES.—The purposes of this Act are as fol-
lows:
‘‘(1) To provide financial assistance to the
States to support systems change and advocacy ac-
tivities designed to assist each State in developing
and implementing a consumer-responsive com-
prehensive statewide program of technology-related
assistance, for individuals with disabilities of all
ages, that is designed to—
‘‘(A) increase the availability of, funding
for, access to, and provision of, assistive tech-
nology devices and assistive technology services;
‘‘(B) increase the active involvement of in-
dividuals with disabilities and their family mem-
bers, guardians, advocates, and authorized rep-
resentatives, in the planning, development, im-
plementation, and evaluation of such a pro-
gram;
‘‘(C) increase the involvement of individ-
uals with disabilities and, if appropriate, their
family members, guardians, advocates, or au-
thorized representatives, in decisions related to
the provision of assistive technology devices and
assistive technology services;
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‘‘(D) increase the provision of outreach to
underrepresented populations and rural popu-
lations, to enable the two populations to enjoy
the benefits of programs carried out to accom-
plish purposes described in this paragraph to
the same extent as other populations;
‘‘(E) increase and promote coordination
among State agencies, and between State agen-
cies and private entities, that are involved in
carrying out activities under this title, particu-
larly providing assistive technology devices and
assistive technology services, that accomplish a
purpose described in another subparagraph of
this paragraph;
‘‘(F)(i) increase the awareness of laws,
regulations, policies, practices, procedures, and
organizational structures, that facilitate the
availability or provision of assistive technology
devices and assistive technology services; and
‘‘(ii) facilitate the change of laws, regula-
tions, policies, practices, procedures, and orga-
nizational structures, that impede the availabil-
ity or provision of assistive technology devices
and assistive technology services;
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‘‘(G) increase the probability that individ-
uals with disabilities of all ages will, to the ex-
tent appropriate, be able to secure and main-
tain possession of assistive technology devices
as such individuals make the transition between
services offered by human service agencies or
between settings of daily living;
‘‘(H) enhance the skills and competencies
of individuals involved in providing assistive
technology devices and assistive technology
services;
‘‘(I) increase awareness and knowledge of
the efficacy of assistive technology devices and
assistive technology services among—
‘‘(i) individuals with disabilities and
their family members, guardians, advo-
cates, and authorized representatives;
‘‘(ii) individuals who work for public
agencies, or for private entities (including
insurers), that have contact with individ-
uals with disabilities;
‘‘(iii) educators and related services
personnel;
‘‘(iv) technology experts (including en-
gineers);
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‘‘(v) employers; and
‘‘(vi) other appropriate individuals;
‘‘(J) increase the capacity of public agen-
cies and private entities to provide and pay for
assistive technology devices and assistive tech-
nology services on a statewide basis for individ-
uals with disabilities of all ages; and
‘‘(K) increase the awareness of the needs
of individuals with disabilities for assistive tech-
nology devices and for assistive technology serv-
ices.
‘‘(2) To identify Federal policies that facilitate
payment for assistive technology devices and
assistive technology services, to identify Federal poli-
cies that impede such payment, and to eliminate in-
appropriate 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 assistive technology services; and
‘‘(B) funding for demonstration projects.’’.
(d) POLICY.—Section 2 (29 U.S.C. 2201) is amended
by adding at the end the following:
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‘‘(c) POLICY.—It is the policy of the United States
that all programs, projects, and activities receiving assist-
ance under this Act shall be consumer-responsive and shall
be carried out in a manner consistent with the principles
of—
‘‘(1) respect for individual dignity, personal re-
sponsibility, self-determination, and pursuit of mean-
ingful careers, based on informed choice, of individ-
uals with disabilities;
‘‘(2) respect for the privacy, rights, and equal
access (including the use of accessible formats), of
such individuals;
‘‘(3) inclusion, integration, and full participa-
tion of such individuals;
‘‘(4) support for the involvement of a family
member, a guardian, an advocate, or an authorized
representative, if an individual with a disability re-
quests, desires, or needs such support; and
‘‘(5) support for individual and systems advo-
cacy and community involvement.’’.
SEC. 4. DEFINITIONS.
Section 3 (29 U.S.C. 2202) is amended—
(1) by redesignating paragraphs (1) through
(8) as paragraphs (2), (3), (7), (8), (10), (11), (13),
and (14), respectively;
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(2) by inserting before paragraph (2) (as redes-
ignated by paragraph (1)) the following:
‘‘(1) ADVOCACY
SERVICES.—The term ‘advo-
cacy services’, except as used as part of the term
‘protection and advocacy services’, means services—
‘‘(A) provided to assist individuals with
disabilities and their family members, guard-
ians, advocates, and authorized representatives
in accessing assistive technology devices and
assistive technology services; and
‘‘(B) provided through—
‘‘(i) individual case management for
individuals with disabilities;
‘‘(ii) representation of individuals with
disabilities (other than representation with-
in the definition of protection and advocacy
services);
‘‘(iii) training of individuals with dis-
abilities and their family members, guard-
ians, advocates, and authorized representa-
tives to successfully conduct advocacy for
themselves; or
‘‘(iv) dissemination of information.’’;
(3) in paragraph (3)(E) (as redesignated by
paragraph (1)), by striking ‘‘family’’ and all that fol-
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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 STATEWIDE PROGRAM OF
TECHNOLOGY-RELATED
ASSISTANCE.—The 
term
‘comprehensive statewide program of technology-re-
lated assistance’ means a statewide program of tech-
nology-related assistance developed and implemented
by a State under title I that—
‘‘(A) addresses the needs of all individuals
with 
disabilities, 
including 
members 
of
underrepresented populations and members of
rural populations;
‘‘(B) addresses such needs without regard
to the age, type of disability, race, ethnicity, or
gender of such individuals, or the particular
major life activity for which such individuals
need the assistance; and
‘‘(C) addresses such needs without requir-
ing that the assistance be provided through any
particular agency or service delivery system.
‘‘(5) 
CONSUMER-RESPONSIVE.—The 
term
‘consumer-responsive’ means, with respect to an en-
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tity, program, or activity, that the entity, program,
or activity—
‘‘(A) is easily accessible to, and usable by,
individuals with disabilities and, when appro-
priate, their family members, guardians, advo-
cates, or authorized representatives;
‘‘(B) responds to the needs of individuals
with disabilities in a timely and appropriate
manner; and
‘‘(C) facilitates the full and meaningful
participation of individuals with disabilities (in-
cluding individuals from underrepresented pop-
ulations and rural populations) and their family
members, guardians, advocates, and authorized
representatives, in—
‘‘(i) decisions relating to the provision
of assistive technology devices and assistive
technology services; and
‘‘(ii) the planning, development, im-
plementation, and evaluation of the com-
prehensive statewide program of tech-
nology-related assistance.
‘‘(6) DISABILITY.—The term ‘disability’ means
a condition of an individual that is considered to be
a disability or handicap for the purposes of any Fed-
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eral law other than this Act or for the purposes of
the law of the State in which the individual re-
sides.’’;
(5) by striking paragraph (7) (as redesignated
by paragraph (1)) and inserting the following:
‘‘(7) INDIVIDUAL WITH A DISABILITY; INDIVID-
UALS WITH DISABILITIES.—
‘‘(A) INDIVIDUAL
WITH
A
DISABILITY.—
The term ‘individual with a disability’ means
any individual—
‘‘(i) who has a disability; and
‘‘(ii) who is or would be enabled by an
assistive technology device or an assistive
technology service to minimize deteriora-
tion in functioning, to maintain a level of
functioning, or to achieve a greater level of
functioning in any major life activity.
‘‘(B) INDIVIDUALS WITH DISABILITIES.—
The term ‘individuals with disabilities’ means
more than one individual with a disability.’’;
(6) in paragraph (8) (as redesignated by para-
graph (1))—
(A) by striking ‘‘section 435(b)’’ and in-
serting ‘‘section 1201(a)’’; and
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(B) by striking ‘‘1965’’ and inserting
‘‘1965 (20 U.S.C. 1141(a))’’;
(7) by inserting after paragraph (8) (as redesig-
nated by paragraph (1)) the following:
‘‘(9) 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 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
with respect to assistive technology devices and
assistive technology services.’’;
(8) in paragraph (11) (as redesignated by para-
graph (1))—
(A) by striking ‘‘several States’’ and in-
serting ‘‘several States of the United States’’;
(B) by striking ‘‘Virgin Islands’’ and in-
serting ‘‘United States Virgin Islands’’; and
(C) by striking ‘‘the Trust Territory of the
Pacific Islands’’ and inserting ‘‘the Republic of
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Palau (until the Compact of Free Association
with Palau takes effect)’’;
(9) by inserting after such paragraph (11) the
following:
‘‘(12) SYSTEMS
CHANGE
AND
ADVOCACY
AC-
TIVITIES.—The term ‘systems change and advocacy
activities’ means efforts that result in laws, regula-
tions, policies, practices, or organizational structures
that promote consumer-responsive programs or enti-
ties and that facilitate and increase access to, provi-
sion of, and funding for, assistive technology devices
and assistive technology services on a permanent
basis, in order to empower individuals with disabil-
ities to achieve greater independence, productivity,
and integration and inclusion within the community
and the work force.’’;
(10) in paragraph (13) (as redesignated by
paragraph (1))—
(A) by striking ‘‘functions performed and
activities carried out under section 101’’ and in-
serting ‘‘assistance provided through systems
change and advocacy activities’’; and
(B) by inserting ‘‘any of subparagraphs
(A) through (K) of’’ before ‘‘section 2(b)(1)’’;
and
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(11) by amending paragraph (14) (as redesig-
nated by paragraph (1)) to read as follows:
‘‘(14) 
UNDERREPRESENTED
POPULATION.—
The term ‘underrepresented population’ includes a
population such as minorities, the poor, and persons
with limited-English proficiency.’’.
TITLE I—GRANTS TO STATES
SEC. 101. PROGRAM AUTHORIZED.
(a) GRANTS TO STATES.—Section 101(a) (29 U.S.C.
2211(a)) is amended—
(1) by inserting after ‘‘provisions of this title’’
the following: ‘‘to support systems change and advo-
cacy activities designed’’; and
(2) by striking ‘‘to develop and implement’’ and
inserting ‘‘in developing and implementing’’.
(b) ACTIVITIES.—Section 101 (29 U.S.C. 2211) is
amended by striking subsections (b) and (c) and inserting
the following:
‘‘(b) ACTIVITIES.—Any State that receives a grant
under section 102 or 103 shall use the funds made avail-
able through the grant to accomplish the purposes de-
scribed in section 2(b)(1) and, in accomplishing such pur-
poses, may carry out any of the following systems change
and advocacy activities:
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‘‘(1) MODEL
SYSTEMS
AND
ALTERNATIVE
STATE-FINANCED
SYSTEMS.—The State may sup-
port activities to increase access to, and funding for,
assistive technology, including—
‘‘(A) the development, and evaluation of
the efficacy, of model delivery systems that pro-
vide assistive technology devices and assistive
technology services to individuals with disabil-
ities, that pay for such devices and services, and
that, if successful, could be replicated or gen-
erally applied, such as—
‘‘(i) the development of systems for
the purchase, lease, other acquisition, or
payment for the provision, of assistive
technology devices and assistive technology
services; or
‘‘(ii) the establishment of alternative
State or privately financed systems of sub-
sidies for the provision of assistive tech-
nology devices and assistive technology
services, such as—
‘‘(I) a loan system for assistive
technology devices;
‘‘(II) an income-contingent loan
fund;
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‘‘(III) a low-interest loan fund;
‘‘(IV) a revolving loan fund;
‘‘(V) a loan insurance program;
or
‘‘(VI) a partnership with private
entities for the purchase, lease, or
other acquisition of assistive tech-
nology devices and the provision of
assistive technology services;
‘‘(B) the demonstration of assistive tech-
nology devices, including—
‘‘(i) the provision of a location or loca-
tions within the State where—
‘‘(I) individuals with disabilities
and their family members, guardians,
advocates, and authorized representa-
tives;
‘‘(II) education, rehabilitation,
health care, and other service provid-
ers;
‘‘(III) individuals who work for
Federal, State, or local government
entities; and
‘‘(IV) employers,
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can see and touch assistive technology de-
vices, and learn about the devices from
personnel who are familiar with such de-
vices and their applications;
‘‘(ii) the provision of counseling and
assistance to individuals with disabilities
and their family members, guardians, ad-
vocates, and authorized representatives to
determine individual needs for assistive
technology devices and assistive technology
services; and
‘‘(iii) the demonstration or short-term
loan of assistive technology devices to indi-
viduals, employers, public agencies, or pub-
lic accommodations seeking strategies to
comply with the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et
seq.) and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794); and
‘‘(C) the establishment of information sys-
tems about, and recycling centers for, the redis-
tribution of assistive technology devices and
equipment that may include device and equip-
ment loans, rentals, or gifts.
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‘‘(2) INTERAGENCY COORDINATION.—The State
may support activities—
‘‘(A) to identify and coordinate Federal
and State policies, resources, and services, re-
lating to the provision of assistive technology
devices and assistive technology services, includ-
ing entering into interagency agreements;
‘‘(B) to convene interagency work groups
to enhance public funding options and coordi-
nate access to funding for assistive technology
devices and assistive technology services for in-
dividuals with disabilities of all ages, with spe-
cial attention to the issues of transition (such
as transition from school to work, and transi-
tion from participation in programs under part
H of the Individuals with Disabilities Education
Act (20 U.S.C. 1471 et seq.), to participation
in programs under part B of such Act (20
U.S.C. 1411 et seq.)) home use, and individual
involvement in the identification, planning, use,
delivery, and evaluation of such devices and
services; or
‘‘(C) to document and disseminate infor-
mation about interagency activities that pro-
mote coordination with respect to assistive tech-
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nology devices and assistive technology services,
including evidence of increased participation of
State and local special education, vocational re-
habilitation, and State medical assistance agen-
cies and departments.
‘‘(3) OUTREACH.—The State may carry out ac-
tivities to encourage the creation or maintenance of,
support, or provide assistance to, statewide and com-
munity-based organizations, or systems, that provide
assistive technology devices and assistive technology
services to individuals with disabilities or that assist
individuals with disabilities in using assistive tech-
nology devices and assistive technology services.
Such activities may include outreach to consumer or-
ganizations and groups in the State to coordinate
the activities of the organizations and groups with
efforts (including self-help, support groups, and peer
mentoring) to assist individuals with disabilities and
their family members, guardians, advocates, or au-
thorized representatives, to obtain funding for, and
access to, assistive technology devices and assistive
technology services.
‘‘(4) EXPENSES.—The State may pay for ex-
penses, including travel expenses, and services, in-
cluding services of qualified interpreters, readers,
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and personal care assistants, that may be necessary
to ensure access to the comprehensive statewide pro-
gram of technology-related assistance by individuals
with disabilities who are determined by the State to
be in financial need.
‘‘(5) STATEWIDE
NEEDS
ASSESSMENT.—The
State may conduct a statewide needs assessment
that may be based on data in existence on the date
on which the assessment is initiated and may in-
clude—
‘‘(A) estimates of the numbers of individ-
uals with disabilities within the State, cat-
egorized by residence, type and extent of dis-
abilities, age, race, gender, and ethnicity;
‘‘(B) in the case of an assessment carried
out under a development grant, a description of
efforts, during the fiscal year preceding the
first fiscal year for which the State received
such a grant, to provide assistive technology de-
vices and assistive technology services to indi-
viduals with disabilities within the State, includ-
ing—
‘‘(i) the number of individuals with
disabilities 
who 
received 
appropriate
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assistive technology devices and assistive
technology services; and
‘‘(ii) a description of the devices and
services provided;
‘‘(C) information on the number of individ-
uals with disabilities who are in need of
assistive technology devices and assistive tech-
nology services, and a description of the devices
and services needed;
‘‘(D) information on the cost of providing
assistive technology devices and assistive tech-
nology services to all individuals with disabil-
ities within the State who need such devices
and services;
‘‘(E) a description of State and local public
resources and private resources (including in-
surance) that are available to establish a
consumer-responsive comprehensive statewide
program of technology-related assistance;
‘‘(F) information identifying Federal and
State laws, regulations, policies, practices, pro-
cedures, and organizational structures, that fa-
cilitate or interfere with the operation of a
consumer-responsive comprehensive statewide
program of technology-related assistance;
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‘‘(G) a description of the procurement poli-
cies of the State and the extent to which such
policies will ensure, to the extent practicable,
that assistive technology devices purchased,
leased, or otherwise acquired with assistance
made available through a grant made under
section 102 or 103 are compatible with other
technology devices, including technology devices
designed primarily for use by—
‘‘(i) individuals who are not individ-
uals with disabilities;
‘‘(ii) individuals who are elderly; or
‘‘(iii) individuals with particular dis-
abilities; and
‘‘(H) information resulting from an inquiry
about whether a State agency or task force
(composed of individuals representing the State
and individuals representing the private sector)
should study the practices of private insurance
companies holding licenses within the State that
offer health or disability insurance policies
under which an individual may obtain reim-
bursement for—
‘‘(i) the purchase, lease, or other ac-
quisition of assistive technology devices; or
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‘‘(ii) the use of assistive technology
services.
‘‘(6) PUBLIC AWARENESS PROGRAM.—
‘‘(A) IN GENERAL.—The State may—
‘‘(i) support a public awareness pro-
gram designed to provide information re-
lating to the availability and efficacy of
assistive technology devices and assistive
technology services for—
‘‘(I) individuals with disabilities
and their family members, guardians,
advocates, or authorized representa-
tives;
‘‘(II) individuals who work for
public agencies, or for private entities
(including insurers), that have contact
with individuals with disabilities;
‘‘(III) educators and related serv-
ices personnel;
‘‘(IV) technology experts (includ-
ing engineers);
‘‘(V) employers; and
‘‘(VI) other appropriate individ-
uals and entities; or
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‘‘(ii) establish and support such a pro-
gram if no such program exists.
‘‘(B) CONTENTS.—Such a public aware-
ness program may include—
‘‘(i) the development and dissemina-
tion of information relating to—
‘‘(I) the nature of assistive tech-
nology devices and assistive tech-
nology services;
‘‘(II) the appropriateness, cost,
and availability of, and access to,
assistive 
technology 
devices 
and
assistive technology services; and
‘‘(III) the efficacy of assistive
technology devices and assistive tech-
nology services with respect to en-
hancing the capacity of individuals
with disabilities;
‘‘(ii) the development of procedures
for providing direct communication among
public providers of assistive technology de-
vices and assistive technology services and
between public providers and private pro-
viders of such devices and services (includ-
ing employers); and
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‘‘(iii) the development and dissemina-
tion of information relating to the use of
the program by individuals with disabilities
and their family members, guardians, ad-
vocates, or authorized representatives, pro-
fessionals who work in a field related to an
activity described in this section, and other
appropriate individuals.
‘‘(7) TRAINING AND TECHNICAL ASSISTANCE.—
The State may carry out directly, or may provide
support to a public or private entity to carry out,
training and technical assistance activities—
‘‘(A) that—
‘‘(i) are provided for individuals with
disabilities and their family members,
guardians, advocates, and authorized rep-
resentatives, and other appropriate individ-
uals; and
‘‘(ii) may include—
‘‘(I) training in the use of
assistive 
technology 
devices 
and
assistive technology services;
‘‘(II) the development of written
materials, training, and technical as-
sistance describing the means by
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which agencies consider the needs of
an individual with a disability for
assistive 
technology 
devices 
and
assistive technology services in devel-
oping, for the individual, any individ-
ualized education program described
in section 614(a)(5) of the Individuals
with Disabilities Education Act (20
U.S.C. 1414(a)(5)), any individualized
written rehabilitation program de-
scribed in section 102 of the Rehabili-
tation Act of 1973 (29 U.S.C. 722),
any individualized family service plan
described in section 677 of the Indi-
viduals with Disabilities Education
Act (20 U.S.C. 1477), and any other
individualized plans or programs;
‘‘(III) training regarding the
rights of the persons described in
clause (i) to assistive technology de-
vices and assistive technology services
under any law other than this Act, to
promote fuller independence, produc-
tivity, and inclusion in and integration
into society of such persons; and
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‘‘(IV) 
training 
to 
increase
consumer participation in the identi-
fication, planning, use, delivery, and
evaluation of assistive technology de-
vices and assistive technology services;
and
‘‘(B) that—
‘‘(i) enhance the assistive technology
skills and competencies of—
‘‘(I) individuals who work for
public agencies, or for private entities
(including insurers), that have contact
with individuals with disabilities;
‘‘(II) educators and related serv-
ices personnel;
‘‘(III) technology experts (includ-
ing engineers);
‘‘(IV) employers; and
‘‘(V) other appropriate personnel;
and
‘‘(ii) include taking actions to facili-
tate the development of standards, or,
when appropriate, the application of such
standards, to ensure the availability of
qualified personnel.
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‘‘(8) PROGRAM DATA.—The State may support
the compilation and evaluation of appropriate data
related to a program described in subsection (a).
‘‘(9) ACCESS TO TECHNOLOGY-RELATED INFOR-
MATION.—
‘‘(A) IN
GENERAL.—The State may de-
velop, operate, or expand a system for public
access to information concerning an activity
carried out under another paragraph of this
subsection, 
including 
information 
about
assistive technology devices and assistive tech-
nology services, funding sources and costs of
such assistance, and individuals, organizations,
and agencies capable of carrying out such an
activity for individuals with disabilities.
‘‘(B) ACCESS.—Access to the system may
be provided through community-based entities,
including public libraries, centers for independ-
ent living (as defined in section 702(1) of the
Rehabilitation 
Act 
of 
1973 
(29 
U.S.C.
796a(1))), and community rehabilitation pro-
grams (as defined in section 7(25) of such Act
(29 U.S.C. 706(25))).
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‘‘(C) SYSTEM.—In developing, operating,
or expanding a system described in subpara-
graph (A), the State may—
‘‘(i) develop, compile, and categorize
print, large print, braille, audio, and video
materials, computer disks, compact discs
(including compact discs formatted with
read-only memory), information that can
be used in telephone-based information
systems, and such other media as techno-
logical innovation may make appropriate;
‘‘(ii) identify and classify existing
funding sources, and the conditions of and
criteria for access to such sources, includ-
ing any funding mechanisms or strategies
developed by the State;
‘‘(iii) identify existing support groups
and systems designed to help individuals
with disabilities make effective use of an
activity carried out under another para-
graph of this subsection; and
‘‘(iv) maintain a record of the extent
to which citizens of the State use or make
inquiries of the system established in sub-
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paragraph (A), and of the nature of such
inquiries.
‘‘(D) LINKAGES.—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.
‘‘(10) INTERSTATE ACTIVITIES.—
‘‘(A) IN GENERAL.—The State may enter
into cooperative agreements with other States
to expand the capacity of the States involved to
assist individuals with disabilities of all ages to
learn about, acquire, use, maintain, adapt, and
upgrade 
assistive 
technology 
devices 
and
assistive technology services that such individ-
uals need at home, at school, at work, or in
other environments that are part of daily living.
‘‘(B) ELECTRONIC COMMUNICATION.—The
State may operate or participate in a computer
system through which the State may electroni-
cally communicate with other States to gain
technical assistance in a timely fashion and to
avoid the duplication of efforts already under-
taken in other States.
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‘‘(11) PARTNERSHIPS AND COOPERATIVE INI-
TIATIVES.—The State may support the establish-
ment or continuation of partnerships and coopera-
tive initiatives between the public sector and the pri-
vate sector to promote greater participation by busi-
ness and industry 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.
‘‘(12) ADVOCACY
SERVICES.—The State may
provide advocacy services.
‘‘(13) OTHER ACTIVITIES.—The State may uti-
lize amounts made available through grants made
under section 102 or 103 for any systems change
and advocacy activities, other than the activities de-
scribed in another paragraph of this subsection, that
are necessary for developing, implementing, or evalu-
ating the consumer-responsive comprehensive state-
wide program of technology-related assistance.
‘‘(c) NONSUPPLANTATION.—In carrying out systems
change and advocacy activities under this title, the State
shall ensure that the activities supplement, and not sup-
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plant, similar activities that have been carried out pursu-
ant to other Federal or State law.’’.
SEC. 102. DEVELOPMENT GRANTS.
Section 102 (29 U.S.C. 2212) is amended—
(1) in subsection (a)—
(A) by striking ‘‘3-year grants’’ and insert-
ing ‘‘3-year grants to support systems change
and advocacy activities described in section
101(b) (including activities described in sub-
section (e)(7))’’; and
(B) by striking ‘‘to develop and implement
statewide programs’’ and inserting ‘‘in develop-
ing 
and 
implementing 
consumer-responsive
comprehensive statewide programs’’;
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively;
(4) in subsection (b) (as redesignated in para-
graph (3))—
(A) in paragraph (3)(C), by striking
‘‘statewide program’’ and inserting ‘‘consumer-
responsive comprehensive statewide program’’;
and
(B) in paragraph (5)—
(i) in subparagraph (A)—
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(I) by striking ‘‘(A)’’ and insert-
ing ‘‘(A) STATE.—’’;
(II) by inserting ‘‘United States’’
before ‘‘Virgin Islands’’; and
(III) by striking ‘‘Trust Territory
of the Pacific Islands’’ and inserting
‘‘Republic of Palau’’; and
(ii) in subparagraph (B)—
(I) by striking ‘‘(B)’’ and insert-
ing ‘‘(B) TERRITORY.—’’;
(II) by inserting ‘‘United States’’
before ‘‘Virgin Islands’’; and
(III) by striking ‘‘Trust Territory
of the Pacific Islands’’ and inserting
‘‘Republic of Palau (until the Com-
pact of Free Association takes ef-
fect)’’;
(5) in paragraph (2) of subsection (c) (as redes-
ignated in paragraph (3)) by striking ‘‘statewide
programs’’ and inserting ‘‘consumer-responsive com-
prehensive statewide programs’’;
(6) by inserting after such subsection (c) the
following:
‘‘(d) DESIGNATION OF THE LEAD AGENCY.—
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‘‘(1) DESIGNATION.—The Governor of any
State that desires to receive a grant under this sec-
tion shall designate the office, agency, entity, or in-
dividual (referred to in this Act as the ‘lead agency’)
responsible for—
‘‘(A) submitting the application described
in subsection (e) on behalf of the State;
‘‘(B) administering and supervising the use
of amounts made available under the grant;
‘‘(C)(i) coordinating efforts related to, and
supervising the preparation of, the application;
‘‘(ii) coordinating the planning, develop-
ment, implementation, and evaluation of the
consumer-responsive comprehensive statewide
program of technology-related assistance among
public agencies and between public agencies and
private agencies, including coordinating efforts
related to entering into interagency agreements;
and
‘‘(iii) coordinating efforts related to, and
supervising, the active, timely, and meaningful
participation by individuals with disabilities and
their family members, guardians, advocates, or
authorized representatives, and other appro-
•HRES 351 ATH
priate individuals, with respect to activities car-
ried out under the grant; and
‘‘(D) the delegation, in whole or in part, of
any responsibilities described in subparagraph
(A), (B), or (C) to one or more appropriate of-
fices, agencies, entities, or individuals.
‘‘(2) QUALIFICATIONS.—In designating the lead
agency, the Governor may designate—
‘‘(A) a commission appointed by the Gov-
ernor;
‘‘(B) a public-private partnership or con-
sortium;
‘‘(C) a university-affiliated program;
‘‘(D) a public agency;
‘‘(E) a council established under Federal
or State law; or
‘‘(F) another appropriate office, agency,
entity, or individual.
‘‘(3) ABILITIES OF LEAD AGENCY.—The State
shall provide, in accordance with subsection (e)(1),
evidence that the lead agency has the ability—
‘‘(A) to respond to assistive technology
needs across disabilities and ages;