Assistive Technology Act of 1998
PL 105-394 (S.2432), enacted 11/13/1998

PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3627 
Public Law 105-394 
105th Congress 
An Act 
To support programs of grants to States to address the assistive technology needs 
Nov. 13, 1998 
of individuals with disabilities, and for other purposes. 
[S. 2432] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled. 
Assistive 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
1998^°^°^ ^'^^ ^^ 
(a) SHORT TITLE.—This Act may be cited as the "Assistive 5?fY^^^°^^ 
Technology Act of 1998". 
° 
(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 and rule. 
TITLE I—STATE GRANT PROGRAMS 
Sec. 101. Continuity grants for States that received funding for a limited period for 
technology-related assistance. 
Sec. 102. State grants for protection and advocacy related to assistive technology. 
Sec. 103. Administrative provisions. 
Sec. 104. Technical assistance program. 
Sec. 105. Authorization of appropriations. 
TITLE n—NATIONAL ACTIVrriES 
Subtitle A—Rehabihtation Act of 1973 
Sec. 201. Coordinationof Federal research efforts. 
Sec. 202. National Council on DisabiUty. 
Sec. 203. Architectural and Transportation Barriers Compliance Board. 
Subtitle B—Other National Activities 
Sec. 211. Small business incentives. 
Sec. 212. Technology transfer and universal design. 
Sec. 213. Universal design in products and the built environment. 
Sec. 214. Outreach. 
Sec. 215. Training pertaining to rehabilitation engineers and technicians. 
Sec. 216. President s Committee on Employment of People With Disabilities. 
Sec. 217. Authorization of appropriations. 
TITLE III—ALTERNATIVE FINANCING MECHANISMS 
Sec. 301. General authority. 
Sec. 302. Amount of grants. 
Sec. 303. Applications and procedures. 
Sec. 304. Contracts with community-based organizations. 
Sec. 305. Grant administration requirements. 
Sec. 306. Information and technical assistance. 
Sec. 307. Annual report. 
Sec. 308. Authorization of appropriations. 
TITLE IV—REPEAL AND CONFORMING AMENDMENTS 
Sec. 401. Repeal. 
Sec. 402. Conforming amendments. 
112 STAT. 3628 
PUBLIC LAW 105-394—NOV. 13, 1998 
29 use 3001. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Disability is a natural part of the human experience 
and in no way diminishes the right of individuals to— 
(A) live independently; 
(B) enjoy self-determination and make choices; 
(C) benefit from an education; 
(D) pursue meaningful careers; and 
(E) enjoy full inclusion and integration in the economic, 
political, social, cultural, and educational mainstream of 
society in the United States. 
(2) Technology has become one of the primary engines 
for economic activity, education, and innovation in the Nation, 
and throughout the world. The commitment of the United 
States to the development and utilization of technology is one 
of the main factors underlying the strength and vibrancy of 
the economy of the United States. 
(3) As technology has come to play an increasingly impor-
tant role in the lives of all persons in the United States, 
in the conduct of business, in the functioning of government, 
in the fostering of communication, in the conduct of commerce, 
and in the provision of education, its impact upon the lives 
of the more than 50,000,000 individuals with disabilities in 
the United States has been comparable to its impact upon 
the remainder of the citizens of the United States. Any develop-
ment in mainstream technology would have profound implica-
tions for individuals with disabilities in the United States. 
(4) Substantial progress has been made in the development 
of assistive technology devices, including adaptations to existing 
devices that facilitate activities of daily living, that significantly 
benefit individuals with disabilities of all ages. Such devices 
and adaptations increase the involvement of such individuals 
in, and reduce expenditures associated with, programs and 
activities such as early intervention, education, rehabilitation 
and training, employment, residential living, independent liv-
ing, and recreation programs and activities, and other aspects 
of daily living. 
(5) All States have comprehensive statewide programs of 
technology-related assistance. Federal support for such pro-
grams should continue, strengthening the capacity of each State 
to assist individuals with disabilities of all ages with their 
assistive technology needs. 
(6) Notwithstanding the efforts of such State programs, 
there is still a lack of— 
(A) resources to pay for assistive technology devices 
and assistive technology services; 
(B) trained personnel to assist individuals with disabil-
ities to use such devices and services; 
(C) information £imong targeted individuals about the 
availability and potential benefit of technology for individ-
uals with disabihties; 
(D) outreach to underrepresented populations and rural 
populations; 
(E) systems that ensure timely acquisition and delivery 
of assistive technology devices and assistive technology 
services; 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3629 
(F) coordination among State human services pro-
grams, and between such programs and private entities, 
particularly with respect to transitions between such pro-
grams and entities; and 
(G) capacity in such programs to provide the necessary 
technology-related assistance. 
(7) In the current technological environment, the line of 
demarcation between assistive technology and mainstream 
technology is becoming ever more difficult to draw. 
(8) Many individuals with disabiUties cannot access existing 
telecommunications and information technologies and are at 
risk of not being able to access developing technologies. The 
failure of Federal and State governments, hardware manufac-
turers, software designers, information systems managers, and 
telecommunications service providers to account for the specific 
needs of individuals with disabiHties in the design, manufac-
ture, and procurement of telecommunications and information 
technologies results in the exclusion of such individuals fi-om 
the use of telecommunications and information technologies 
and results in unnecessary costs associated with the retrofitting 
of devices and product systems. 
(9) There are insufficient incentives for Federal contractors 
and other manufacturers of technology to address the ai)plica-
tion of technology advances to meet the needs of individuals 
with disabilities of all ages for assistive technology devices 
and assistive technology services. 
(10) The use of universal design principles reduces the 
need for many specific kinds of assistive technology devices 
and assistive technology services by building in accommodations 
for individuals with disabilities before rather than after produc-
tion. The use of universal design principles also increases the 
likelihood that products (including services) will be compatible 
with existing assistive technologies. These principles are 
increasingly important to enhance access to inforination tech-
nology, telecommunications, transportation, physical structures, 
and consumer products. There are insufficient incentives for 
commercial manufacturers to incorporate universal design prin-
ciples into the design and manufacturing of technology prod-
ucts, including devices of daily living, that could expand their 
immediate use by individuals with disabilities of all ages. 
(11) There are insufficient incentives for commercial pur-
suit of the application of technology devices to meet the needs 
of individuals with disabilities, because of the perception that 
such individuals constitute a limited market. 
(12) At the Federal level, the Federal Laboratories, the 
National Aeronautics and Space Administration, and other 
similar entities do not recognize the value of, or commit 
resources on an ongoing basis to, technology transfer initiatives 
that would benefit, and especially increase the independence 
of, individuals with disabilities. 
(13) At the Federal level, there is a lack of coordination 
among agencies that provide or pay for the provision of assistive 
technology devices and assistive technology services. In addi-
tion, the Federal Government does not provide adequate assist-
ance and information with respect to the quality and use of 
assistive technology devices and assistive technology services 
to targeted individuals. 
112 STAT. 3630 
PUBLIC LAW 105-394—NOV. 13, 1998 
(14) There are changes in the dehvery of assistive tech-
nology devices and assistive technology services, including— 
(A) the impact of the increased prevalence of managed 
care entities as payors for assistive technology devices £ind 
assistive technology services; 
(B) an increased focus on universal design; 
(C) the increased importance of assistive technology 
in emplo3rment, as more individuals with disabiUties move 
from public assistance to work through training and on-
the-job accommodations; 
(D) the role and impact that new technologies have 
on how individuals with disabilities will learn about, access, 
and participate in programs or services that will affect 
their Uves; and 
(E) the increased role that telecommunications play 
in education, employment, health care, and social activities. 
(b) PURPOSES.—^The purposes of this Act are— 
(1) to provide financial assistance to States to undertake 
activities that assist each State in maintaining and strengthen-
ing a permanent comprehensive statewide program of tech-
nology-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 technology devices and assistive 
technology services; 
(B) increase the active involvement of individuals with 
disabilities and their family members, guardians, advo-
cates, and authorized representatives, in uie maintenance, 
improvement, and evaluation of such a program; 
(C) increase the involvement of individuals with 
disabilities and, if appropriate, their family members, 
f
uardians, advocates, and authorized representatives, in 
ecisions related to the provision of assistive technology 
devices and assistive technology services; 
(D) increase the provision of outreach to underrep-
resented populations and rural populations, to enable the 
two populations to enjoy the benefits of activities carried 
out under this Act to the same extent as other populations; 
(E) increase and promote coordination among State 
agencies, between State and local agencies, among local 
agencies, and between State and local agencies and private 
entities (such as managed care providers), that are involved 
or are eligible to be involved in canying out activities 
under this Act; 
(F)(i) increase the awareness of laws, regulations, poli-
cies, practices, procedures, and organizational structures, 
that facilitate the availability or provision of assistive tech-
nology devices and assistive technology services; and 
(ii) facilitate the change of laws, regulations, policies, 
practices, procedures, and organizational structures, to 
obtain increased availability or provision of assistive tech-
nology devices and assistive technology services; 
(G) increase the probability that individuals with 
disabilities of all ages will, to the extent appropriate, be 
able to secure and maintain possession of assistive tech-
nology devices as such individuals make the transition 
between services offered by human service agencies or 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3631 
between settings of daily living (for example, between home 
and work); 
(H) enhance the skills amd competencies of individuals 
involved in providing assistive technology devices and 
assistive technology services; 
(I) increase awareness and knowledge of the benefits 
of assistive technology devices and assistive technology 
services among targeted individuals; 
(J) increase the awareness of the needs of individuals 
with disabilities of all ages for assistive technology devices 
and for assistive technology services; and 
(K) increase the capacity of public agencies and private 
entities to provide and pay for assistive technology devices 
and assistive technology services on a statewide basis for 
individuals with disabilities of all ages; 
(2) to identify Federal policies that facilitate payment for 
assistive technology devices and assistive technology services, 
to identify those Federal policies that impede such pa3nnent, 
and to eliminate inappropriate barriers to such pa3nnent; and 
(3) to enhance the ability of the Federal Government to— 
(A) provide States with financial assistance that 
supports— 
(i) information and public awareness programs 
relating to the provision of assistive technology devices 
and assistive technology services; 
(ii) 
improved 
interagency 
and 
public-private 
coordination, especially through new and improved 
policies, that result in increased availability of assistive 
technology devices and assistive technology services; 
and 
(iii) technical assistance and training in the provi-
sion or use of assistive technology devices and assistive 
technology services; and 
(B) fimd national, regional. State, and local targeted 
initiatives that promote understanding of and access to 
assistive technology devices and assistive technology serv-
ices for targeted individuals. 
SEC. 3. DEFINITIONS AND RULE. 
29USC3002. 
(a) DEPINITIONS.—In this Act: 
(1) ADVOCACY SERVICES.—The term "advocacy services", 
except as used as part of the term "protection and advocacy 
services", means services provided to assist individuals with 
disabilities and their family members, guardians, advocates, 
and authorized representatives in accessing assistive technology 
devices and assistive technology services. 
(2) ASSISTIVE TECHNOLOGY.—The term "assistive tech-
nology" means technology designed to be utilized in an assistive 
technology device or assistive technology service. 
(3) ASSISTIVE TECHNOLOGY DEVICE.—The term "assistive 
technology device" means any item, piece of equipment, or 
product system, whether acquired commercially, modified, or 
customized, that is used to increase, msdntain, or improve 
functional capabilities of individuals with disabilities. 
(4) ASSISTIVE TECHNOLOGY SERVICE.—The term "assistive 
technology service" means any service that directly assists an 
112 STAT. 3632 
PUBLIC LAW 105-394—NOV. 13, 1998 
individual with a disability in the selection, acquisition, or 
use of an assistive technology device. Such term includes— 
(A) the evaluation of the assistive technology needs 
of an individual with a disability, including a functional 
evaluation of the impact of the provision of appropriate 
assistive technology and appropriate services to the individ-
ual in the customary environment of the individual; 
(B) services consisting of purchasing, leasing, or other-
wise providing for the acquisition of assistive technology 
devices by individuals with disabilities; 
(C) services consisting of selecting, designing, fitting, 
customizing, adapting, appljring, maintaining, repairing, or 
replacing assistive technology devices; 
(D) coordination and use of necessary therapies, inter-
ventions, or services with assistive technology devices, such 
as therapies, interventions, or services associated with edu-
cation and rehabilitation plans and programs; 
(E) training or technical assistance for an individual 
with disabiUties, or, where appropriate, the family mem-
bers, guardians, advocates, or authorized representatives 
of such an individual; and 
(F) training or technical assistance for professionals 
(including individuals providing education and rehabilita-
tion services), employers, or other individuals who provide 
services to, employ, or are otherwise substantially involved 
in the major hfe functions of individuals with disabilities. 
(5) CAPACITY BUILDING AND ADVOCACY ACTivmES.—^The 
term "capacity building and advocacy activities" means efforts 
that>— 
(A) result in laws, regulations, policies, practices, proce-
dures, or organizational structures that promote consumer-
responsive programs or entities; and 
(B) facilitate and increase access to, provision of, and 
funding for, assistive technology devices and assistive tech-
nology services, 
in order to empower individuals with disabilities to achieve 
greater independence, productivity, and integration and inclu-
sion within the community and the workforce. 
(6) COMPREHENSIVE STATEWIDE PROGRAM OF TECHNOLOGY-
RELATED ASSISTANCE.—^The term "comprehensive statewide pro-
gram of technology-related assistance" means a consumer-
responsive program of technology-related assistance for individ-
uals with disabilities, implemented by a State, £uid equally 
available to all individuals with disabiUties residing in the 
State, regardless of their type of disability, age, income level, 
or location of residence in the State, or the t3rpe of assistive 
technology device or assistive technology service required. 
(7) 
CoNSUMER-RESPONsrvE.—The 
term 
"consumer-
responsive"— 
(A) with regard to policies, means that the policies 
are consistent with the principles of— 
(i) respect for individual dignity, personal respon-
sibihty, self-determination, and pursuit of meaningful 
careers, based on informed choice, of individuals with 
disabilities; 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3633 
(ii) respect for the privacy, rights, and equal access 
(including the use of accessible formats) of such individ-
uals; 
(iii) inclusion, integration, and full participation 
of such individuals in society; 
(iv) support for the involvement in decisions of 
a family member, a guardian, an advocate, or an 
authorized representative, if an individual with a 
disability requests, desires, or needs such involvement; 
and 
(v) support for individual and systems advocacy 
and community involvement; and 
(B) with respect to an entity, program, or activity, 
means that the entity, pro-am, or activity— 
(i) is easily accessible to, and usable by, individuals 
with disabilities and, when appropriate, their family 
members, guardians, advocates, or authorized rep-
resentatives; 
(ii) responds to the needs of individuals with 
disabilities in a timely and appropriate manner; and 
(iii) facilitates the full and meaningful participa-
tion of individuals with disabilities (including individ-
uals from underrepresented populations and rural 
populations) and tneir family members, guardians, 
advocates, and authorized representatives, in— 
(I) decisions relating to the provision of assist-
ive technology devices and assistive technology 
services to such individuals; and 
(II) decisions related to the maintenance, 
improvement, and evaluation of the comprehensive 
statewide program of technology-related assist-
ance, including decisions that affect advocacy, 
capacity buildmg, and capacity building and 
advocacy activities. 
(8) DISABILITY.—The term "disability means a condition 
of an individual that is considered to be a disability or handicap 
for the purposes of any Federal law other than this Act or 
for the purposes of the law of the State in which the individual 
resides. 
(9) 
INDIVIDUAL WITH A DISABILITY; INDIVIDUALS WITH 
DISABILITIES.— 
(A) INDIVIDUAL WITH A DISABILITY.—The term "individ-
ual with a disability means any individual of any age, 
race, or ethnicity— 
(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 deterioration in functioning, to maintain 
a level of functioning, or to achieve a greater level 
of functioning in giny major life activity. 
(B) 
INDIVIDUALS 
WITH 
DISABILITIES.—The 
term 
"individuals with disabilities" means more thgin one individ-
ual with a disability. 
(10) 
INSTITUTION 
OP 
HIGHER 
EDUCATION.—^The 
term 
"institution of higher education" has the meaning given such 
term in section 1201(a) of the Higher Education Act of 1965 
(20 U.S.C. 1141(a)), and includes a community college receiving 
112 STAT. 3634 
PUBLIC LAW 105-394—NOV. 13, 1998 
funding under the Tribally Controlled Community College 
Assistance Act of 1978 (25 U.S.C. 1801 et seq.). 
(11) PROTECTION AND ADVOCACY SERVICES.—^The term 
"protection and advocacy services" means services that— 
(A) are described in part C of the Developmental 
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
6041 et seq.), the Protection and Advocacy for Mentally 
1
1
1 Individuals Act of 1986 (42 U.S.C. 10801 et seq.), or 
section 509 of the Rehabilitation Act of 1973; and 
(B) assist individuals with disabilities with respect to 
assistive technology devices and assistive technology serv-
ices. 
(12) SECRETARY.—^The term "Secretary" means the Sec-
retary of Education. 
(13) STATE.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B) and section 302, the term "State" means each of the 
several States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the United States 
Virgin Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands. 
(B) OUTLYING AREAS.—In sections 101(c) and- 102(b): 
(i) OUTLYING AREA.—The term "outlying area" 
means the United States Virgin Islands, Guam, Amer-
ican Samoa, and the Commonwealth of the Northern 
Mariana Islands. 
(ii) STATE.—The term "State" does not include the 
United States Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana 
Islands. 
(14) TARGETED INDIVIDUALS.—The term "targeted individ-
uals" means— 
(A) individuals with disabilities of all ages and their 
family members, guardians, advocates, and authorized rep-
resentatives; 
(B) individuals who work for public or private entities 
(including insurers or managed care providers), that have 
contact with individuals with disabilities; 
(C) educators and related services personnel; 
(D) technology experts (including engineers); 
(E) health and allied health professionals; 
(F) employers; and 
(G) other appropriate individuals and entities. 
(15) TECHNOLOGY-RELATED ASSISTANCE.—The term "tech-
nology-related assistance" means assistance provided through 
capacity building and advocacy activities that accomplish the 
purposes described in any of subparagraphs (A) through (K) 
of section 2(b)(1). 
(16) UNDERREPRESENTED POPULATION.—^The term "under-
represented population" means a population that is typically 
underrepresented in service provision, and includes populations 
such as persons who have low-incidence disabilities, persons 
who are minorities, poor persons, persons with limited-English 
proficiency, older individuals, or persons from rural areas. 
(17) UNIVERSAL DESIGN.—The term "imiversal design" 
means a concept or philosophy for designing and delivering 
products and services that are usable by people with the widest 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3635 
possible range of functional capabilities, which include products 
and services that are directly usable (without requiring assist-
ive technologies) and products and services that are made 
usable with assistive technologies. 
(b) REFERENCES.—References in this Act to a provision of the 
Technology-Related Assistance for Individuals With Disabilities Act 
of 1988 shall be considered to be references to such provision 
as in effect on the day before the date of enactment of this Act. 
TITLE I—STATE GRANT PROGRAMS 
SEC. 101. CONTINUITY GRANTS FOR STATES THAT RECEIVED FUND- 
29 USC 3011. 
ING FOR A LIMITED PERIOD FOR TECHNOLOGY-RELATED 
ASSISTANCE. 
(a) GRANTS TO STATES.— 
(1) IN GENERAL.—^The Secretary shall award grants, in 
accordance with this section, to eUgible States to support capac-
ity building and advocacy activities, designed to assist the 
States in maintaining permanent comprehensive statewide pro-
grams of technology-related assistance that accomplish the pur-
poses described in section 2(b)(1). 
(2) ELIGIBLE STATES.—^To be eligible to receive a grant 
under this section a State shall be a State that received grants 
for less than 10 years under title I of the Technology-Related 
Assistance for Individuals With Disabilities Act of 1988. 
(b) USE OF FUNDS.— 
(1) IN GENERAL.—^Any State that receives a grant under 
this section shall use the fimds made available through the 
grant to c£trry out the activities described in paragraph (2) 
and may use the funds to carry out the activities described 
in paragraph (3). 
(2) REQUIRED ACTIVITIES.— 
(A) PUBLIC AWARENESS PROGRAM.— 
(i) IN GENERAL.—^The State shall support a public 
awareness program designed to provide information 
to targeted individuals relating to the availability and 
benefits of assistive technology devices and assistive 
technology services. 
(ii) LINK.—Such a public awareness program shall 
have an electronic link to the National Public Internet 
Site authorized under section 104(c)(1). 
(iii) CONTENTS.—The public awareness program 
may include— 
(I) the development and dissemination of 
information relating to— 
(aa) the nature of assistive technology 
devices and assistive technology services; 
(bb) the appropriateness of, cost of, avail-
ability of, evaluation of, and access to, assistive 
technology devices and assistive technology 
services; and 
(cc) the benefits of assistive technology 
devices and assistive technology services with 
respect to enhancing the capacity of individ-
uals with disabilities of all ages to perform 
activities of daily living; 
112 STAT. 3636 
PUBLIC LAW 105-394—NOV. 13, 1998 
(II) the development of procedures for provid-
ing direct communication between providers of 
assistive technology and targeted individuals; £ind 
(III) the development and dissemination, to 
targeted individuals, of information about State 
efforts related to assistive technology. 
(B) INTERAGENCY COORDINATION.— 
(i) IN GENERAL.—^The State shall develop and pro-
mote the adoption of policies that improve access to 
assistive technology devices and assistive technology 
services for individuals with disabilities of all a^^es 
in the State and that result in improved coordination 
among pubUc and private entities that are responsible 
or have the authority to be responsible, for pohcies, 
procedures, or funding for, or the provision of assistive 
technology devices and assistive technology services 
to, such individuals. 
(ii) APPOINTMENT TO CERTAIN INFORMATION TECH-
NOLOGY PANELS.—^The State shall appoint the director 
of the lead agency described in subsection (d) or the 
designee of tne director, to any committee, council, 
or similar organization created by the State to assist 
the State in the development of the information tech-
nology policy of the State. 
(iii) COORDINATION ACTIVITIES.—The development 
and promotion described in clause (i) may include sup-
port for— 
(I) policies that result in improved coordina-
tion, including coordination between pubhc and 
private entities— 
(aa) in the application of Federal and 
State policies; 
(bo) in the use of resources and services 
relating to the provision of assistive technology 
devices and assistive technology services, 
including the use of interagency agreements; 
and 
(cc) in the improvement of access to assist-
ive technology devices and assistive technology 
services for individuals with disabilities of all 
ages in the State; 
(II) 
convening 
interagency 
work 
groups, 
involving public and private entities, to identify, 
create, or expand funding options, and coordinate 
access to funding, for assistive technology devices 
and assistive technology services for individuals 
with disabilities of all ages; or 
(III) documenting and disseminating informa-
tion about interagency activities that promote 
coordination, including coordination between pub-
Uc and private entities, with respect to assistive 
technology devices and assistive technology serv-
ices. 
(C) TECHNICAL ASSISTANCE AND TRAINING.—^The State 
shall carry out directly, or provide support to public or 
private entities to carry out, technical eissistance and train-
mg activities for targeted individuals, including— 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3637 
(i) the development and implementation of laws, 
regulations, policies, practices, procedures, or organiza-
tional structures that promote access to assistive tech-
nology devices and assistive technology services for 
individuals witii disabilities in education, health care, 
employment, and conmiunity living contexts, and in 
other contexts such as the use of telecommunications; 
(ii)(I) the development of training materials and 
the conduct of trainmg in the use of assistive tech-
nology devices and assistive technology services; and 
(II) the provision of technical assistance, including 
technical assistance concerning how— 
(aa) to consider the needs of an individual 
with a disability for assistive technology devices 
and assistive technology services in developing any 
individualized plan or program authorized under 
Federal or State law; 
(bb) the rights of targeted individuals to assist-
ive technology devices and assistive technology 
services are addressed under laws other than this 
Act, to promote fuller independence, productivity, 
and inclusion in and integration into society of 
such individuals; or 
(cc) to increase consumer participation in the 
identification, planning, use, delivery, and evalua-
tion of assistive technology devices and assistive 
technology services; and 
(iii) the enhancement of the assistive technology 
skills and competencies of— 
(I) individuals who work for public or private 
entities (including insurers and managed care 
providers), who have contact with individuals with 
disabilities; 
(II) educators and related services personnel; 
(III) technology experts (including engineers); 
(IV) health and allied health professionals; 
(V) employers; and 
(VI) other appropriate personnel. 
(D) OUTREACH.—^The State shall provide support to 
statewide and conmiunity-based organizations that provide 
assistive technology devices and assistive technology serv-
ices to individuals with disabilities or that assist individ-
uals with disabilities in using assistive technology devices 
and assistive technology services, including a focus on 
organizations assisting individuals from underrepresented 
populations and rural populations. Such support may 
include outreach to consumer organizations and groups 
in the State to coordinate efforts to assist individuals with 
disabilities of all ages and their family members, guardians, 
advocates, or authorized representatives, to obtain funding 
for, access to, and information on evaluation of assistive 
technology devices and assistive technology services. 
(3) DISCRETIONARY ACTIVITIES.— 
(A) ALTERNATIVE STATE-FINANCED SYSTEMS.—The State 
may support activities to increase access to, and funding 
for, assistive technology devices £uid assistive technology 
services, including— 
112 STAT. 3638 
PUBLIC LAW 105-394—NOV. 13, 1998 
(i) the development of systems that provide assist-
ive technology devices and assistive technology services 
to individuals with disabilities of all ages, and that 
pay for such devices and services, such as— 
(I) the development of systems for the pur-
chase, lease, other acquisition, or pajmaent for the 
provision, of assistive technology devices and 
assistive technology services; or 
(II) the establishment of alternative State or 
privately financed systems of subsidies for the 
provision of assistive technology devices and assist-
ive technology services, such as— 
(aa) a low-interest lo£in fund; 
(bb) an interest buy-down program; 
(cc) a revolving loan fund; 
(dd) a loan guarantee or insurance pro-
gram; 
(ee) a program operated by a partnership 
among private entities for the purchase, lease, 
or other acquisition of assistive technology 
devices or assistive technology services; or 
(ff) another mechanism that meets the 
requirements of title III and is approved by 
the Secretary; 
(ii) the short-term loan of assistive technology 
devices to individuals, employers, public agencies, or 
public accommodations seeking strategies to comply 
with the Americans 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); or 
(iii) the maintenance of information about, and 
recycling centers for, the redistribution of assistive 
technology devices and equipment, which may include 
redistribution through device and equipment loans, 
rentals, or gifts. 
(B) DEMONSTRATIONS.—The State, in collaboration with 
other entities in established, recognized community settings 
(such as nonprofit organizations, libraries, schools, commu-
nity-based employer oi^anizations, churches, and entities 
operating senior citizen centers, shopping malls, and health 
clinics), may demonsta-ate assistive technology devices in 
settings where targeted individuals can see and try out 
assistive technology devices, and learn more about the 
devices from personnel who are famiUar with such devices 
and their applications or can be referred to other entities 
who have information on the devices. 
(C) OPTIONS FOR SECURING DEVICES AND SERVICES.— 
The State, through public agencies or nonprofit organiza-
tions, may support assistance to individuals with disabil-
ities and their family members, guardians, advocates, and 
authorized representatives about options for securing 
assistive technology devices and assistive technology serv-
ices that would meet individual needs for such assistive 
technology devices and assistive technology services. Such 
assistance shall not include direct pajmient for an assistive 
technology device. 
(D) TECHNOLOGY-RELATED INFORMATION.— 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3639 
(i) IN GENERAL.—The State may operate and 
expand a system for public access to information 
concerning an activity c£irried out under another para-
graph of this subsection, including information about 
assistive technology devices and assistive technology 
services, funding sources and costs of such devices 
and services, and individuals, organizations, and agen-
cies capable of carrying out such an activity for individ-
uals with disabilities. The system shall be part of, 
and complement the information that is available 
through a link to, the National Public Internet Site 
described in section 104(c)(1). 
(ii) ACCESS.—^Access to the system may be provided 
through community-based locations, including public 
libraries, centers for independent living (as defined 
in section 702 of the Rehabilitation Act of 1973), loca-
tions of community rehabilitation programs (as defined 
in section 7 of such Act), schools, senior citizen centers. 
State vocational rehabilitation offices, other State 
workforce offices, and other locations frequented or 
used by the public. 
(iii) INFORMATION COLLECTION AND PREPARATION.— 
In operating or expanding a system described in 
subparagraph (A), the State may— 
(I) develop, compile, and categorize print, large 
print, braille, audio, and video materials, computer 
disks, compact discs (including compact discs for-
matted with read-only memory), information in 
alternative formats that can be used in telephone-
based information systems, and materials using 
such other media as technological innovation may 
make appropriate; 
(II) identify and classify funding sources for 
obtaining assistive technology devices and assistive 
technology services, and the conditions of and cri-
teria for access to such sources, including any fund-
ing mechanisms or strategies developed by the 
State; 
(III) identify support groups and systems 
designed to help individuals with disabilities make 
effective use of an activity carried out under 
another paragraph of this subsection, including 
groups that provide evaluations of assistive tech-
nology devices and assistive technology services; 
and 
(IV) maintain a record of the extent to which 
citizens of the State use or make inquiries of the 
system established in clause (i), and of the nature 
of such inquiries. 
(E) INTERSTATE ACTIVITIES.— 
(i) IN GENERAL.—^The State may enter into coopera- Contracts, 
tive agreements with other States to expand the capac-
ity 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 
112 STAT. 3640 
PUBLIC LAW 105-394—NOV. 13, 1998 
individuals need at home, at school, at work, or in 
other environments that are part of daily hving. 
(ii) ELECTRONIC COMMUNICATION.—The State may 
operate or participate in an electronic information 
exchange through which the State may communicate 
with other States to gain technical assistance in a 
timely fashion and to avoid the duplication of efforts 
already xmdertaken in other States. 
(F) PARTNERSHIPS AND COOPERATIVE INITIATIVES.—The 
State may support partnerships and cooperative initiatives 
between the public sector and the private sector to promote 
greater participation by business and industry in— 
(i) the development, demonstration, and dissemina-
tion of assistive technology devices; and 
(ii) the ongoing provision of information about new 
products to assist individuals with disabilities. 
(G) EXPENSES.—^The State may pay for expenses, 
including travel expenses, and services, including services 
of qualified interpreters, readers, and personal care assist-
ants, that may be necessary to ensure access to the com-
prehensive statewide program of technology-related assist-
ance by individuals with disabilities who are determined 
by tiie State to be in financial need and not ehgible for 
such pajnments or services through another public agency 
or private entity. 
(H) ADVOCACY SERVICES.—The State may provide 
advocacy services. 
(c) AMOUNT OP FINANCIAL ASSISTANCE.— 
(1) GRANTS TO OUTLYING AREAS.—From the fimds appro-
priated under section 105(a) and reserved under section 
105(b)(1)(A) for any fiscal year for grants under this section, 
the Secretary shall make a grant in an amount of not more 
than $105,000 to each eligible outlying area. 
(2) GRANTS TO STATES.—From the funds described in para-
graph (1) that are not used to make grants under paragraph 
(1), the Secretary shall make grants to States in accordance 
with the requirements described in paragraph (3). 
(3) CALCULATION OP STATE GRANTS.— 
(A) 
CALCULATIONS FOR GRANTS IN THE SECOND OR 
THIRD YEAR OP A SECOND EXTENSION GRANT.—For any fiscal 
year, the Secretary shall calculate the amount of a grant 
under paragraph (2) for each eligible State that would 
be in the second or third year of a second extension grant 
made under section 103 of the Technology-Related Assist-
ance for Individuals With Disabihties Act of 1988, if that 
Act had been reauthorized for that fiscal year. 
(B) CALCULATIONS FOR GRANTS IN THE FOURTH OR FIFTH 
YEAR 
OP 
A 
SECOND 
EXTENSION 
GRANT.— 
(i) FOURTH YEAR.—An eligible State that would 
have been in the fourth year of a second extension 
grant made under section 103 of the Technology-
Related Assistance for Individuals With DisabiHties 
Act of 1988 during a fiscal year, if that Act had been 
reauthorized for that fiscal year, shall receive under 
paragraph (2) a grant in an amount equal to 75 percent 
of the mnding that the State received in the prior 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3641 
fiscal year under section 103 of that Act or under 
this section, as appropriate. 
(ii) FIFTH YEAR.—^An eUgible State that would have 
been in the fifth year of a second extension grant 
made under section 103 of the Technology-Related 
Assistance for Individuals With Disabilities Act of 1988 
during a fiscal year, if that Act had been reauthorized 
for that fiscal year, shall receive under paragraph (2) 
a grant in an amount equal to 50 percent of the funding 
that the State received in the third year of a second 
extension grant under section 103 of that Act or under 
this section, as appropriate. 
(C) PROHmmoN O
N FUNDS AFTER FIFTH YEAR OF A 
SECOND EXTENSION GRANT.—Except as provided in sub-
section (f), an eligible State that would nave been in the 
fifth year of a second extension grant made under section 
103 of the Technology-Related Assistance for Individuals 
With Disabilities Act of 1988 during a fiscal year, if that 
Act had been reauthorized for that fiscal year, may not 
receive any Federal funds under this title for any fiscal 
year after such fiscal year. 
(D) ADDITIONAL STATES.— 
(i) IN GENERAL.—For purposes of this paragraph, 
the Secretary shall treat a State described in clause 
(ii)— 
(I) for fiscal years 1999 through 2001, as if 
the State were a State described in subparagraph 
(A); and 
(II) for fiscal year 2002 or 2003, as if the 
State were a State described in clause (i) or (ii), 
respectively, of subparagraph (B). 
(ii) STATE.—^A State referred to in clause (i) shall 
be a State that— 
(I) in fiscal year 1998, was in the second year 
of an initial extension grant made under section 
103 of the Technology-Related Assistance for 
Individuals With Disabilities Act of 1988; and 
(II) meets such terms and conditions as the 
Secretary shall determine to be appropriate. 
(d) LEAD AGENCY.— 
(1) IDENTIFICATION.— 
(A) IN GENERAL.—^To be eligible to receive a grant 
under this section, a State shall designate a lead agency 
to carry out appropriate State functions under this section. 
The lead agency shall be the current agency (as of the 
date of submission of the appUcation supplement described 
in subsection (e)) administering the grant awarded to the 
State for fiscal year 1998 under title I of the Technology-
Related Assistance for Individuals With Disabilities Act 
of 1988, except as provided in subparagraph (B). 
(B) CHANGE IN AGENCY.^The Governor may change 
the lead agency if the Governor shows good cause to the 
Secretary why the designated lead agency should be 
changed, in the application supplement described in sub-
section (e), and obtains approval of the supplement. 
(2) DUTIES OF THE LEAD AGENCY.—The duties of the lead 
agency shall include— 
112 STAT. 3642 
PUBLIC LAW 105-394—NOV. 13, 1998 
(A) submitting the application supplement described 
in subsection (e) on behalf of the State; 
(B) administering £ind supervising the use of amounts 
made available under the grant received by the State under 
this section; 
(C)(i) coordinating efforts related to, and supervising 
the preparation of, the application supplement described 
in subsection (e); 
(ii) continuing the coordination of the maintenance and 
evaluation of the comprehensive statewide program of tech-
nology-related assistance among public agencies 
and 
between public agencies £ind private entities, including 
coordinating efforts related to entering into interagency 
agreements; and 
(iii) continuing the coordination of efforts, especially 
efforts carried out with entities that provide protection 
and advocacy services described in section 102, related 
to the active, timely, and meaningful participation by 
individuals with disabilities and their family members, 
guardians, advocates, or authorized representatives, and 
other appropriate individuals, with respect to activities 
carried out under the grant; and 
(D) the delegation, in whole or in part, of any respon-
sibiUties described in subparagraph (A), (B), or (C) to one 
or more appropriate offices, agencies, entities, or individ-
uals. 
(e) APPLICATION SUPPLEMENT.— 
(1) SUBMISSION.—^Any State that desires to receive a grant 
under this section shall submit to the Secretary an appUcation 
supplement to the application the State submitted under section 
103 of the Technology-Related Assistance for Individuals With 
Disabilities Act of 1988, at such time, in such manner, and 
for such period as the Secretary may specify, that contains 
the following information: 
(A) GrOALS AND ACTIVITIES.—A description of— 
(i) the goals the State has set, for addressing the 
assistive technology needs of individuals with disabil-
ities in the State, including any related to— 
(I) health care; 
(II) education; 
(III) employment, including goals involving the 
State vocational rehabilitation program carried out 
under title I of the Rehabilitation Act of 1973; 
(IV) telecommunication and information tech-
nology; or 
(V) community living; and 
(ii) the activities the State will undertake to 
achieve such goals, in accordance with the require-
ments of subsection (b). 
(B) MEASURES OP GOAL ACHIEVEMENT.—A description 
of how the State will measure whether the goals set by 
the State have been achieved. 
(C) 
INVOLVEMENT OF INDIVIDUALS WITH DISABILITIES 
OF ALL AGES AND THEIR FAMILIES.—^A description of h o w 
individuals with disabilities of all ages and their families— 
(i) were involved in selecting— 
(I) the goals; 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3643 
(II) the activities to be undertaken in achiev-
ing the goals; and 
(III) the measures to be used in judging if 
the goals have been achieved; and 
(ii) will be involved in measuring whether the goals 
have been achieved. 
(D) REDESIGNATION OF THE LEAD AGENCY.—^If the Gov-
ernor elects to change the lead agency, the following 
information: 
(i) With regard to the original lead agency, a 
description of the deficiencies of the agency. 
(ii) With regard to the new lead agency, a descrip-
tion of— 
(I) the capacity of the new lead agency to 
administer and conduct activities described in sub-
section (b) and this paragraph; and 
(II) the procedures that the State will imple-
ment to avoid the deficiencies, described in clause 
(i), of the original lead agency. 
(iii) Information identifjdng which agency prepared 
the application supplement. 
(2) INTERIM STATUS OF STATE OBLIGATIONS.—Except as pro- Notification. 
vided in subsection (f)(2), when the Secretary notifies a State Applicability, 
that the State shall submit the application supplement to the 
application the State submitted under section 103 of the Tech-
nology-Related Assistance for Individuals With Disabilities Act 
of 1988, the Secretary shall specify in the notification the 
time period for which the application supplement shall apply, 
consistent with paragraph (4). 
(3) CONTINUING OBLIGATIONS.—^Each State that receives 
a grant under this section shall continue to abide by the assur-
ances the State made in the application the State submitted 
under section 103 of the Technology-Related Assistance for 
Individuals With Disabilities Act of 1988 and continue to comply 
with reporting requirements under that Act. 
(4) DURATION OF APPLICATION SUPPLEMENT.— 
(A) DETERMINATION.—^The Secretary shall determine 
and specify to the State the time period for which the 
application supplement shall apply, in accordance with 
subparagraph (B). 
(B) LIMIT.—Such time period for any State shsdl not 
extend beyond the year that would have been the fifth 
year of a second extension grant made for that State under 
section 103 of the Technology-Related Assistance for 
Individuals With Disabilities Act of 1988, if the Act had 
been reauthorized through that year. 
(f) EXTENSION OF FUNDING.— 
(1) IN GENERAL.—In the case of a State that was in the 
fifth year of a second extension grant in fiscal year 1998 or 
is in the fifth year of a second extension grant in any of 
the fiscal years 1999 through 2004 made under section 103 
of the Technology-Related Assistance for Individuals With 
Disabilities Act of 1988, or made under this section, as appro-
priate, the Secretary may, in the discretion of the Secretary, 
award a 3-ye£ir extension of the grant to such State if the 
State submits an application supplement under subsection (e) 
112 STAT. 3644 
PUBLIC LAW 105-394—NOV. 13, 1998 
and meets other related requirements for a State seeking a 
grant under this section. 
(2) AMOUNT.—A State that receives an extension of a grant 
under paragraph (1), shall receive through the grant, for each 
of fiscal years of the extension of the grant, an amount equiva-
lent to the amount the State received for the fifth year of 
a second extension grant made under section 103 of the Tech-
nologv-Related Assistance for Individuals With Disabilities Act 
of 1988, or made under this section, as appropriate, from funds 
appropriated under section 105(a) and reserved under section 
105(b)(1)(A) for grants under this section. 
(3) LIMITATION.—^A State may not receive amounts under 
an extension of a grant under paragraph (1) after September 
30, 2004. 
29 use 3012. 
SEC. 102. STATE GRANTS FOR PROTECTION AND ADVOCACY RELATED 
TO ASSISTIVE TECHNOLOGY. 
(a) GRANTS TO STATES.— 
(1) IN GENERAL.—On the appropriation of funds under sec-
tion 105, the Secretary shall make a grant to an entity in 
each State to support protection and advocacy services through 
the systems established to provide protection and advocacy 
services under the Developmental Disabilities Assistance and 
Bill of Rights Act (42 U.S.C. 6000 et seq.) for the purposes 
of assisting in the acquisition, utilization, or maintenance of 
assistive technology or assistive technology services for individ-
uals with disabilities. 
(2) CERTAIN STATES.—^Notwithstanding paragraph (1), for 
a State that, on the day before the date of enactment of this 
Act, was described in section 102(f)(1) of the Technology-Related 
Assistance for Individuals With Disabilities Act of 1988, the 
Secretary shall make the grant to the lead agency designated 
under section 101(d). The lead agency shall determine how 
the funds made available under this section shall be divided 
among the entities that were providing protection and advocacy 
services in that State on that day, and distribute the funds 
to the entities. In distributing the funds, the lead agency shall 
not establish any further eligibility or procedural requirements 
for an entity in that State that supports protection and advocacy 
services through the systems established to provide protection 
and advocacy services under the Developmental Disabilities 
Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.). 
Such an entity shall comply with the same requirements 
(includin^^ reporting and enforcement requirements) as any 
other entity that receives funding under paragraph (1). 
(3) PERIODS.—^The Secretary shall provide 
assistance 
through such a grant to a State for 6 years. 
(b) AMOUNT OP FINANCIAL ASSISTANCE.— 
(1) GRANTS TO OUTLYING AREAS.—From the funds appro-
priated under section 105(a) and reserved under section 
105(b)(1)(A) for any fiscal year, the Secretary shall make a 
grant in an amount of not more than $30,000 to each eligible 
system within an outlying area. 
(2) GRANTS TO STATES.—For any fiscal year, after reserving 
funds to make grants under paragraph (1), the Secretary shall 
make allotments from the remainder of the funds described 
in paragraph (1) in accordance witih paragraph (3) to eUgible 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3645 
systems within States to support protection and advocacy serv-
ices as described in subsection (a). The Secretary shall make 
grants to the eligible systems from the allotments. 
(3) SYSTEMS WITHIN STATES.— 
(A) POPULATION BASIS.—^Except as provided in subpara-
graph (B), from such remainder for each fiscal year, the 
Secretary shall make an allotment to the eligible system 
within a State of an amoimt bearing the same ratio to 
such remainder as the population of the State bears to 
the population of all States. 
(B) MmiMUMS.—Subject to the availability of appro-
priations to carry out this section, the allotment to any 
system under subparagraph (A) shall be not less than 
$50,000, and the allotment to any system under this para-
graph for any fiscal year that is less than $50,000 shall 
be increased to $50,000. 
(4) REALLOTMENT.—^Whenever the Secretary determines 
that any amount of an allotment under paragraph (3) to a 
system within a State for any fiscal year will not be expended 
by such system in carrying out the provisions of this section, 
the Secretary shall make such amount available for carrying 
out the provisions of this section to one or more of the systems 
that the Secretary determines will be able to use additional 
amounts during such year for carrying out such provisions. 
Any amount made available to a sjrstem for any fiscal yesir 
pursuant to the preceding sentence shall, for tiie purposes 
of this section, be regarded as an increase in the allotment 
of the system (as determined under the preceding provisions 
of this section) for such year. 
(c) REPORT TO SECRETARY.—^An entity that receives a grant 
under this section shall annually prepare and submit to the Sec-
retary a report that contains such information as the Secretary 
may require, including documentation of the progress of the entity 
in— 
(1) conducting consimier-responsive activities, including 
activities that will lead to increased access, for individuals 
with disabilities, to funding for assistive technology devices 
and assistive technology services; 
(2) engaging in informal advocacy to assist in securing 
assistive technology and assistive technology services for 
individuals with disabilities; 
(3) engaging in formal representation for individuals with 
disabilities to secure systems change, and in advocacy activities 
to secure assistive technology and assistive technology services 
for individuals with disabilities; 
(4) developing and implementing strategies to enhance the 
long-term abilities of individuals with disabilities and their 
family members, guardians, advocates, and authorized rep-
resentatives to advocate the provision of assistive technologv 
devices and assistive technology services to which the individ-
uals with disabilities are entitled under law other than this 
Act; and 
(5) coordinating activities with protection and advocacy 
services funded through sources other than this title, and 
coordinating activities with the capacity building and advocacy 
activities carried out by the lead agency. 
112 STAT. 3646 
PUBLIC LAW 105-394—NOV. 13, 1998 
(d) REPORTS AND UPDATES TO STATE AGENCIES.—^An entity 
that receives a grant under this section shall prepare and submit 
to the lead agency the report described in subsection (c) and quar-
terly updates concerning the activities described in subsection (c). 
(e) COORDINATION.—On making a grant under this section to 
an entity in a State, the Secretary shall solicit and consider the 
opinions of the lead agency of the State designated under section 
101(d) with respect to efforts at coordination, collaboration, and 
promoting outcomes between the lead agency and the entity that 
receives the grant under this section. 
29 use 3013. 
SEC. 103. ADMINISTRATIVE PROVISIONS. 
(a) REVIEW OF PARTICIPATING ENTITIES.— 
(1) IN GENERAL.—^The Secretary shall assess the extent 
to which entities that receive graints pursuant to this title 
are complying with the applicable requirements of this title 
and achieving the goals that are consistent with the require-
ments of the grant programs under which the entities applied 
for the grants. 
(2) ONSITE VISITS OP STATES RECEIVING CERTAIN GRANTS.— 
(A) IN GENERAL.—^The Secretary shall conduct an onsite 
visit for each State that receives a grant under section 
101 and that would have been in the third or fourth year 
of a second extension grant under the Technology-Related 
Assistance for Individuals With Disabilities Act of 1988 
if that Act had been reauthorized for that fiscal year, 
prior to the end of that year. 
(B) UNNECESSARY VISITS,—The Secretary shall not be 
required to conduct a visit of a State described in subpara-
graph (A) if the Secretary determines that the visit is 
not necessary to assess whether the State is making signifi-
cant progress toward development and implementation of 
a comprehensive statewide program of technology-related 
assistance. 
(3) ADVANCE PUBLIC NOTICE.—The Secretary shall provide 
advance public notice of an onsite visit conducted under para-
graph (2) and solicit public comment through such notice from 
targeted individuals, regarding State goals and related activi-
ties to achieve such goals funded through a grant made under 
section 101. 
(4) MINIMUM REQUIREMENTS.—At a minimum, the visit 
shall allow the Secretary to determine the extent to which 
the State is making progress in meeting State goals and 
maintaining a comprehensive statewide program of technology-
related assistance consistent with the purposes described in 
section 2(b)(1). 
(5) PROVISION OF INFORMATION.-TO assist the Secretary 
in carrying out the responsibilities of the Secretary under this 
section, the Secretary may require States to provide relevant 
information. 
(b) CORRECTIVE ACTION AND SANCTIONS.— 
(1) CORRECTIVE ACTION.—If the Secretary determines that 
an entity fails to substantially comply with the requirements 
of this title with respect to a grant program, the Secretary 
shall assist the entity through technical assistance funded 
under section 104 or other means, within 90 days after such 
determination, to develop a corrective action plan. 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3647 
(2) SANCTIONS.—^An entity that fails to develop and comply 
with a corrective action plan as described in paragraph (1) 
during a fiscal year shall be subject to one of the following 
corrective actions selected by the Secretary: 
(A) Partial or complete fund termination under the 
grant program. 
(B) Ineligibility to participate in the grant program 
in the following year. 
(C) Reduction in funding for the following year under 
the grant program. 
(D) Required redesignation of the lead agency des-
ignated under section 101(d) or an entity responsible for 
administering the grant program. 
(3) APPEALS PROCEDURES.—^The Secretary shall establish 
appeals procedures for entities that are found to be in non-
compliance with the requirements of this title. 
(c) ANNUAL REPORT.— 
(1) IN GENERAL.—^Not later than December 31 of each year, Deadline, 
the Secretary shall prepare, and submit to the President and 
to Congress, a report on the activities funded under this Act, 
to improve the access of individusds with disabilities to assistive 
technology devices and assistive technology services. 
(2) CONTENTS.—Such report shall include information on— 
(A) the demonstrated successes of the funded activities 
in improving interagency coordination relating to assistive 
technology, streamlining access to funding for assistive 
technology, and producing beneficial outcomes for users 
of assistive technology; 
(B) the demonstration activities carried out through 
the funded activities to— 
(i) promote access to such funding in public pro-
grams that were in existence on the date of the initi-
ation of the demonstration activities; and 
(ii) establish additional options for obtaining such 
funding; 
(C) the education and training activities carried out 
through the funded activities to educate and train targeted 
individuals about assistive technology, including increasing 
awareness of funding through public programs for assistive 
technology; 
(D) the research activities carried out through the 
funded activities to improve understanding of the costs 
and benefits of access to assistive technology for individuals 
with disabilities who represent a variety of ages and types 
of disabilities; 
(E) the program outreach activities to rural and inner-
city areas that are carried out through the funded activities; 
(F) the activities carried out through the funded activi-
ties that are targeted to reach underrepresented popu-" 
lations and rural populations; and 
(G) the consumer involvement activities carried out 
through the funded activities. 
(3) AVAILABILITY OF ASSISTIVE TECHNOLOGY DEVICES AND 
ASSISTIVE TECHNOLOGY SERVICES.—AS soon as practicable, the 
Secretary shall include in the annual report required by this 
subsection information on the availability of assistive tech-
nology devices and assistive technology services. 
112 STAT. 3648 
PUBLIC LAW 105-394—NOV. 13, 1998 
(d) EFFECT ON OTHER ASSISTANCE.—This title may not be con-
strued as authorizing a Federal or a State agency to reduce medical 
or other assistance available, or to alter eligibility for a benefit 
or service, under any other Federal law. 
29 use 3014. 
SEC. 104. TECHNICAL ASSISTANCE PROGRAM. 
(a) IN GENERAL.—Through grants, contracts, or cooperative 
agreements, awarded on a competitive basis, the Secretary is 
authorized to fund a technical assistance program to provide tech-
nical assistance to entities, principally entities funded under section 
101 or 102. 
(b) INPUT.—In designing the program to be funded under this 
section, and in deciding the differences in function between national 
and regionsdly based technical assistance efforts carried out through 
the program, the Secretary shall consider the input of the directors 
of comprehensive statewide programs of technology-related assist-
ance and other individuals the Secretary determines to be appro-
priate, especially— 
(1) individuals with disabilities who use assistive tech-
nology and understand the barriers to the acquisition of such 
technology and assistive technology services; 
(2) family members, guardians, advocates, and authorized 
representatives of such individuals; and 
(3) individuals employed by protection and advocacy sys-
tems funded under section 102. 
(c) SCOPE OF TECHNICAL ASSISTANCE.— 
(1) NATIONAL PUBLIC INTERNET SITE.— 
(A) ESTABLISHMENT OF INTERNET SITE.—The Secretary 
shall fund the establishment and maintenance of a 
National Public Internet Site for the purposes of providing 
to individuals with disabilities Eind the general public tech-
nical assistance and information on increased access to 
assistive technology devices, assistive technology services, 
and other disability-related resources. 
(B) ELIGIBLE ENTITY.—TO be eligible to receive a grant 
or enter into a contract or cooperative agreement under 
subsection (a) to establish and maintain the Internet site, 
an entity shall be an institution of higher education that 
emphasizes research and engineering, has a multidisci-
plinary research center, and has demonstrated expertise 
in— 
(i) working with assistive technology and intel-
ligent agent interactive information dissemination sys-
tems; 
(ii) managing libraries of assistive technology and 
disability-related resources; 
(iii) delivering education, information, and referral 
services to individuals with disabilities, including tech-
nology-based curriculum 
development 
services for 
adults with low-level reading skills; 
(iv) developing cooperative partnerships with the 
private sector, particularly with private sector com-
puter software, hardware, and Internet services enti-
ties; and 
(v) developing and designing advanced Internet 
sites. 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3649 
(C) FEATURES OF INTERNET SITE.—The National Public 
Internet Site described in subparagraph (A) shall contain 
the following features: 
(i) AVAILABILITY OF INFORMATION AT ANY TIME.— 
The site shall be designed so that any member of 
the public may obtain information posted on the site 
at any time. 
(ii) INNOVATIVE AUTOMATED INTELLIGENT AGENT.— 
The site shall be constructed with an innovative auto-
mated intelUgent agent that is a diagnostic tool for 
assisting users in problem definition and the selection 
of appropriate assistive technology devices and assist-
ive technology services resources. 
(iii) RESOURCES.— 
(I) LIBRARY ON ASSISTIVE TECHNOLOGY.—The 
site shall include access to a comprehensive work-
ing library on assistive technology for all environ-
ments, including home, workplace, transportation, 
and other environments. 
(II) 
RESOURCES FOR A NUMBER OF DISABIL-
ITIES.—^The site shall include resources relating 
to the largest possible number of disabihties, 
including resources relating to low-level reading 
skills. 
(iv) 
LINKS TO PRIVATE SECTOR RESOURCES AND 
INFORMATION.—To the extent feasible, the site shall 
be linked to relevant private sector resources and 
information, under agreements developed between the 
institution of higher education and cooperating private 
sector entities. 
(D) MINIMUM LIBRARY COMPONENTS.—At a minimum, 
the Internet site shall maintain updated information o n ^ 
(i) how to plan, develop, implement, and evaluate 
activities to fturther extend comprehensive statewide 
programs of technology-related assistance, including 
the development and repUcation of effective approaches 
to— 
(I) providing information and referral services; 
(II) promoting interagency coordination of 
training and service delivery among pubUc and 
private entities; 
(III) conducting outreach to underrepresented 
populations and rural populations; 
(IV) mounting successful public awareness 
activities; 
(V) improving capacity building in service 
dehvery; 
(VI) training personnel from a variety of dis-
ciplines; and 
(VII) 
improving 
evaluation 
strategies, 
research, and data collection; 
(ii) effective approaches to the development of con-
simier-controlled systems that increase access to, fund-
ing for, and awareness of, assistive technology devices 
and assistive technology services; 
(iii) successful approaches to increasing the avail-
ability of public and private funding for and access 
112 STAT. 3650 
PUBLIC LAW 105-394—NOV. 13, 1998 
to the provision of assistive technology devices and 
assistive technology services by appropriate State agen-
cies; and 
(iv) demonstration sites where individuals may try 
out assistive technology. 
(2) TECHNICAL ASSISTANCE EFFORTS.—In carrying out the 
technical assistance program, taking into account the input 
required under subsection (b), the Secretary shall ensure that 
entities— 
(A) address State-specific information requests concern-
ing assistive technology from other entities funded under 
this title and public entities not fimded under this title, 
including— 
(i) requests for state-of-the-art, or model. Federal, 
State, and local laws, regulations, policies, practices, 
procedures, and organizational structures, that facih-
tate, and overcome barriers to, funding for, and access 
to, assistive technology devices and assistive technology 
services; 
(ii) requests for examples of policies, practices, 
procedures, 
regulations, 
administrative 
hearing 
decisions, or legal actions, that have enhanced or may 
enhance access to funding for assistive technology 
devices and assistive technology services for individuals 
with disabilities; 
(iii) 
requests 
for 
information 
on 
effective 
approaches to Federal-State coordination of programs 
for individuals with disabilities, related to improving 
funding for or access to assistive technology devices 
and assistive technology services for individuals with 
disabiUties of all ages; 
(iv) 
requests 
for 
information 
on 
effective 
approaches to the development of consumer-controlled 
systems that increase access to, funding for, and aware-
ness of, assistive technology devices and assistive tech-
nology services; 
(v) other requests for technical assistance from 
other entities funded under this title and public entities 
not funded under this title; and 
(vi) other assignments specified by the Secretary, 
including assisting entities described in section 103(b) 
to develop corrective action plans; and 
(B) assist targeted 
individuals 
by 
disseminating 
information about— 
(i) Federal, State, and local laws, regulations, poh-
cies, practices, procedures, and organizational struc-
tures, that facilitate, and overcome barriers to, funding 
for, and access to, assistive technology devices and 
assistive 
technology 
services, 
to 
promote 
fuller 
independence, productivity, and inclusion in society for 
individuals with disabilities of all ages; and 
(ii) technical assistance activities 
undertaken 
under subparagraph (A). 
(d) ELIGIBLE ENTITIES.—TO be eUgible to compete for grants, 
contracts, and cooperative agreements under this section, entities 
shall have documented experience with and expertise in assistive 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3651 
technology service delivery or systems, interagency coordination, 
and capacity building and advocacy activities, 
(e) APPLICATION.—^To be eligible to receive a grant, contract, 
or cooperative agreement under this section, an entity shall submit 
an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may require. 
SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
carry out this title $36,000,000 for fiscal year 1999 and such sums 
as may be necessary for each of fiscal years 2000 through 2004. 
(b) RESERVATIONS OF FUNDS.— 
(1) IN GENERAL.—Except as provided in paragraphs (2) 
and (3), of the amount appropriated under subsection (a) for 
a fiscal year— 
(A) 87.5 percent of the amount shall be reserved to 
fund grants under section 101; 
(B) 7.9 percent shall be reserved to fund grants under 
section 102; and 
(C) 4.6 percent shall be reserved for activities funded 
under section 104. 
(2) RESERVATION FOR CONTINUATION OF TECHNICAL ASSIST-
ANCE INITIATIVES.—^For fiscal year 1999, the Secretary may 
use funds reserved under subparagraph (C) of paragraph (1) 
to continue funding technical assistance initiatives that were 
funded in fiscal year 1998 under the Technology-Related Assist-
ance for Individuals With Disabilities Act of 1988. 
(3) RESERVATION FOR ONSITE VISITS.—^The Secretary may 
reserve, from the amount appropriated under subsection (a) 
for any fiscal year, such sums as the Secretary considers to 
be necessary for the purposes of conducting onsite visits as 
required by section 103(a)(2). 
TITLE II—NATIONAL ACTIVITIES 
Subtitle A—Rehabilitation Act of 1973 
SEC. 
201. 
COORDINATION 
OF 
FEDERAL 
RESEARCH 
EFFORTS. 
Section 203 of the Rehabilitation Act of 1973 (as amended 
by section 405 of the Workforce Investment Act of 1988) is amend- 
29 USC 763. 
ed— 
(1) in subsection (a)(1), by inserting after "programs," insert 
"including programs relating to assistive technology research 
and research that incorporates the principles of universal 
design,"; 
(2) in subsection (b)— 
(A) by inserting "(1)" before "After receiving"; 
(B) by striking "from individuals with disabilities and 
the individuals' representatives" and inserting "from tsir-
geted individuals"; 
(C) by inserting after "research" the following: "(includ-
ing assistive technology research and research that incor-
porates the principles of universal design)"; and 
(D) by adding at the end the following: 
"(2) In carrying out its duties with respect to the conduct 
of Federal research (including assistive technology resesirch and 
112 STAT. 3652 
PUBLIC LAW 105-394—NOV. 13, 1998 
research that incorporates the principles of universal design) related 
to rehabilitation of individuals with disabilities, the Committee 
shall— 
"(A) share information regarding the range of assistive 
technology research, and research that incorporates the prin-
ciples of universal design, that is being carried out by members 
of the Committee and other Federal departments and organiza-
tions; 
"(B) identify, and make efforts to address, gaps in assistive 
technology research and research that incorporates the prin-
ciples of universal design that are not being adequately 
addressed; 
"(C) identify, and establish, clear research priorities related 
to assistive technology research and research that incorporates 
the principles of universal design for the Federal Government; 
"(D) promote interagency collaboration and joint research 
activities relating to assistive technology research and research 
that incorporates the principles of universal design at the Fed-
eral level, and reduce unnecessary duplication of effort regard-
ing these types of research within the Federal Government; 
and 
"(E) optimize the productivity of Committee members 
through resource sharing and other cost-saving activities, 
related to assistive technology research and research that incor-
porates the principles of universal design."; 
(3) by striking subsection (c) and inserting the following: 
Deadline. 
"(c) Not later than December 31 of each year, the Committee 
Reports. 
shall prepare and submit, to the President and to the Committee 
on Education and the Workforce of the House of Representatives 
and the Committee on Labor and Human Resources of the Senate, 
a report that— 
"(1) describes the progress of the Committee in fulfilling 
the duties described in subsection (b); 
"(2) makes such recommendations as the Committee deter-
mines to be appropriate with respect to coordination of policy 
and development of objectives and priorities for all Federal 
programs relating to the conduct of research (including assistive 
technology research and research that incorporates the prin-
ciples of universal design) related to rehabilitation of individ-
uals with disabilities; and 
"(3) describes the activities that the Committee rec-
ommended to be funded through grants, contracts, cooperative 
agreements, and other mechanisms, for assistive technology 
research and development and research and development that 
incorporates the principles of universal design."; and 
(4) by adding at the end the following: 
"(d)(1) In order to promote coordination and cooperation among 
Federal departments and agencie's conducting assistive technology 
research programs, to reduce duplication of effort among the pro-
grams, and to increase the availability of assistive technology for 
individuals with disabilities, the Committee may recommend activi-
ties to be funded through grants, contracts or cooperative agree-
ments, or other mechanisms— 
"(A) in joint research projects for assistive technology 
research and research that incorporates the principles of univer-
sal design; and 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3653 
"(B) in other programs designed to promote a cohesive, 
strategic Federal program of research described in subpara-
graph (A). 
"(2) The projects and programs described in paragraph (1) 
shall be jointly administered by at least 2 agencies or departments 
with representatives on the Committee. 
"(3) In recommending activities to be funded in the projects 
and programs, the Committee shall obtain input from targeted 
individuals, and other organizations and individuals the Committee 
determines to be appropriate, concerning the availability and poten-
tial of technology for individuals with disabilities. 
"(e) In this section, the terms 'assistive technology*, 'targeted 
individuals', and 'universal design' have the meanings given the 
terms in section 3 of the Assistive Technology Act of 1998.". 
SEC. 202. NATIONAL COUNCIL ON DISABILITY. 
Section 401 of the Rehabilitation Act of 1973 (as amended 
by section 407 of the Workforce Investment Act of 1998) is amended 
29 USC 781. 
by adding at the end the following: 
"(c)(1) Not later than December 31, 1999, the Council shall Deadline, 
prepare a report describing the barriers in Federal assistive tech- Reports, 
nology policy to increasing the availability of and access to assistive 
technology devices and assistive technology services for individuals 
with disabilities. 
"(2) In preparing the report, the Council shall obtain input 
from the National Institute on Disability and Rehabilitation 
Research and the Association of Tech Act Projects, and from tar-
geted individuals, as defined in section 3 of the Assistive Technology 
Act of 1998. 
"(3) The Council shall submit the report, along with such rec-
ommendations as the Council determines to be appropriate, to 
the Committee on Labor and Human Resources of the Senate and 
the Committee on Education and the Workforce of the House of 
Representatives.". 
SEC. 203. ARCHITECTURAL 
AND 
TRANSPORTATION 
BARRIERS 
COMPLIANCE BOARD. 
(a) IN GENERAL.—Section 502 of the Rehabilitation Act of 1973 
(29 U.S.C. 792) is amended— 
(1) by redesignating subsections (d) through (i) as sub-
sections (e) through (j), respectively; 
(2) by inserting after subsection (c) the following: 
"(d) Beginning in fiscal year 2000, the Access Board, after 
Effective date, 
consultation with the Secretary, representatives of such public and 
private entities as the Access Board determines to be appropriate 
(including the electronic and information technology industry), tar-
geted individuals (as defined in section 3 of the Assistive Technology 
Act of 1998), and State information technology officers, shall provide 
training for Federal and State employees on any obligations related 
to section 508 of the Rehabilitation Act of 1973."; and 
(3) in the second sentence of paragraph (1) of subsection 
(e) (as redesignated in paragraph (1)), by striking "subsection 
(e)" and inserting "subsection (f)". 
(b) CONFORMING AMENDMENT.—Section 506(c) of the Rehabilita-
tion Act of 1973 (29 U.S.C. 794(c)) is amended by striking "section 
29 USC 794b. 
502(h)(1)" and inserting "section 502(i)(l)". 
112 STAT. 3654 
PUBLIC LAW 105-394—NOV. 13, 1998 
Subtitle B—Other National Activities 
29 use 3031. 
SEC. 211. SMALL BUSINESS INCENTIVES. 
(a) DEFINITION.—In this section, the term "small business" 
means a small-business concern, as described in section 3(a) of 
the Small Business Act (15 U.S.C. 632(a)). 
(b) CONTRACTS FOR DESIGN, DEVELOPMENT, AND MARKETING.— 
(1) IN GENERAL.—^The Secretary may enter into contracts 
with small businesses, to assist such businesses to design, 
develop, and market assistive technology devices or assistive 
technology services. In entering into the contracts, the Secretary 
may give preference to businesses owned or operated by individ-
uals with disabilities. 
(2) SMALL BUSINESS INNOVATIVE RESEARCH PROGRAM.—Con-
tracts entered into pursuant to paragraph (1) shall be adminis-
tered in accordance with the contract administration require-
ments applicable to the Department of Education under the 
Small Business Innovative Research Program, as described in 
section 9(g) of the Small Business Act (15 U.S.C. 638(g)). Con-
tracts entered into pursuant to paragraph (1) shall not be 
included in the calculation of the required expenditures of 
the Department under section 9(f) of such Act (15 U.S.C. 638(f)). 
(c) GRANTS FOR EVALUATION AND DISSEMINATION OF INFORMA-
TION ON EFFECTS OF TECHNOLOGY TRANSFER.—The Secretary may 
make grants to small businesses to enable such businesses— 
(1) to work with any entity funded by the Secretary to 
evaluate and disseminate information on the effects of tech-
nology transfer on the lives of individuals with disabilities; 
(2) to benefit from the experience and expertise of such 
entities, in conducting such evaluation and dissemination; and 
(3) to utilize any technology transfer and market research 
services such entities provide, to bring new assistive technology 
devices and assistive technology services into commerce. 
29 use 3032. 
SEC. 212. TECHNOLOGY TRANSFER AND UNIVERSAL DESIGN. 
(a) IN GENERAL.—^The Director of the National Institute on 
Disability and Rehabilitation Research may collaborate with the 
Federal Laboratory Consortium for Technology Transfer established 
under section 11(e) of the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3710(e)), to promote technology transfer 
that will further development of assistive technology and products 
that incorporate the principles of universal design. 
(b) COLLABORATION.—In promoting the technology transfer, the 
Director and the Consortium described in subsection (a) may 
collaborate— 
(1) to enable the National Institute on Disability and 
Rehabilitation Research to work more effectively with the 
Consortium, and to enable the Consortium to fulfill the respon-
sibilities of the Consortium to assist Federal agencies with 
technology transfer under the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701 et seq); 
(2) to increase the awareness of staff members of the Fed-
eral Laboratories regarding assistive technology issues and the 
principles of universal design; 
(3) to compile a compendium of current and projected Fed-
eral Laboratory technologies and projects that have or will 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3655 
have an intended or recognized impact on the available range 
of assistive technology for individuals with disabilities, includ-
ing technologies and projects that incorporate the principles 
of universal design, as appropriate; 
(4) to develop strategies for applying developments in 
assistive technology and universal design to mainstream tech-
nology, to improve economies of scale and commercial incentives 
for assistive technology; and 
(5) to cultivate developments in assistive technology and 
universal design through demonstration projects and evalua-
tions, conducted with assistive technology professionals and 
potential users of assistive technology. 
(c) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.—^The 
Secretary may make grants to or enter into contracts or cooperative 
agreements with commercial, nonprofit, or other organizations, 
including institutions of higher education, to facilitate interaction 
with the Consortium to achieve the objectives of this section. 
(d) RESPONSIBILITIES OF CONSORTIUM.—Section 11(e)(1) of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3710(e)(1)) is amended— 
(1) in subparagraph (I), by striking "; and" and inserting 
a semicolon; 
(2) in subparagraph (J), by striking the period and inserting 
"; and"; and 
(3) by adding at the end the following: 
"(K) work with the Director of the National Institute on 
Disability and Rehabilitation Research to compile a compen-
dium of current and projected Federal Laboratory technologies 
and projects that have or will have an intended or recognized 
impact on the available range of assistive technology for individ-
uals with disabilities (as defined in section 3 of the Assistive 
Technology Act of 1998), including technologies and projects 
that incorporate the principles of universal design (as defined 
in section 3 of such Act), as appropriate.". 
SEC. 213. UNIVERSAL DESIGN 
IN PRODUCTS AND 
THE 
BUILT 29USC3033. 
ENVIRONMENT. 
The Secretary may make grants to commercial or other enter-
prises and institutions of higher education for the research and 
development of universal design concepts for products (including 
information technology) and the built environment. In making such 
grants, the Secretary shall give consideration to enterprises and 
institutions that are owned or operated by individuals with disabil-
ities. The Secretary shall define the term 'Tjuilt environment" for 
purposes of this section. 
SEC. 214. OUTREACH. 
29USC3034. 
(a) ASSISTIVE TECHNOLOGY IN RURAL OR IMPOVERISHED URBAN 
AREAS.—^The Secretary may make grants, enter into cooperative 
agreements, or provide financial assistance through other mecha-
nisms, for projects designed to increase the availability of assistive 
technology for rural and impoverished urban populations, by deter-
mining the unmet assistive technology needs of such populations, 
and designing and implementing programs to meet such needs. 
(b) ASSISTIVE TECHNOLOGY FOR CHILDREN AND OLDER INDIVID-
UALS.—^The Secretary may make grants, enter into cooperative 
agreements, or provide financial assistance through other mecha-
nisms, for projects designed to increase the availability of assistive 
5&-194 O - 98 - 29: QL 3 Part 5 
112 STAT. 3656 
PUBLIC LAW 105-394—NOV. 13, 1998 
technology for populations of children and older individuals, by 
determining the unmet assistive technology needs of such popu-
lations, and designing and implementing programs to meet such 
needs. 
29 use 3035. 
SEC. 215. TRAINING PERTAINING TO REHABILITATION ENGINEERS 
AND TECHNICIANS. 
(a) GRANTS AND CONTRACTS.—^The Secretary shall make grants, 
or enter into contracts with, public and private agencies and 
organizations, including institutions of higher education, to help 
prepare students, including students preparing to be rehabihtation 
technicians, and faculty working in the field of rehabilitation 
engineering, for careers related to the provision of assistive tech-
nology devices and assistive technology services. 
(b) AcTiYiTiES.—An agency or organization that receives a grant 
or contract under subsection (a) may use the funds made available 
through the grant or contract— 
(1) to provide training programs for individuals employed 
or seeking emplojonent in the field of rehabilitation engineering, 
including postsecondary education programs; 
(2) to provide workshops, seminars, and 
conferences 
concerning rehabilitation engineering that relate to the use 
of assistive technology devices and assistive technology services 
to improve the lives of individuals with disabilities; and 
(3) to design, develop, and disseminate curricular materials 
to be used in the training programs, workshops, seminars, 
and conferences described in paragraphs (1) and (2). 
29 use 3036. 
SEC. 216. PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE 
WITH DISABIUTIES. 
(a) PROGRAMS.—^The President's Committee on Employment of 
People With Disabilities (referred to in this section as "tne Commit-
tee'O may design, develop, and implement programs to increase 
the voluntary participation of the private sector in making informa-
tion technology accessible to individuals with disabilities, including 
increasing the involvement of individuals with disabilities in the 
design, development, and manufacturing of information technology. 
(b) ACTIVITIES.—The Committee may carry out activities 
through the programs that may include— 
(1) the development and coordination of a task force, 
which— 
(A) shall develop and disseminate information on vol-
untary best practices for universal accessibility in informa-
tion technology; and 
(B) shall consist of members of the pubUc and private 
sectors, including— 
(i) representatives of organizations representing 
individuals with disabilities; and 
(ii) individuals with disabilities; and 
(2) the design, development, and implementation of out-
reach programs to promote the adoption of best practices 
referred to in paragraph (1)(B). 
(c) COORDINATION.—The Committee shall coordinate the activi-
ties of the Committee under this section, as appropriate, with 
the activities of the National Institute on Disability and Rehabilita-
tion Research and the activities of the Department of Labor. 
(d) TECHNICAL ASSISTANCE.—The Committee may provide tech-
nical assistance concerning the programs carried out under this 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3657 
section and may reserve such portion of the funds appropriated 
to carry out this section as the Committee determines to be nec-
essary to provide the technical assistance. 
(e) DEFINITION.—In this section, the term "information tech-
nology" means any equipment or interconnected system or sub-
system of equipment, that is used in the automatic acquisition, 
storage, manipulation, management, movement, control, display, 
switching, interchange, transmission, or reception of data or 
information, including a computer, ancillary equipment, software, 
firmvrare and similar procedures, services (including support serv-
ices), and related resources. 
SEC. 217. AUTHORIZATION OF APPROPRIATIONS. 
29USC3037. 
There are authorized to be appropriated to carry out this title, 
and the provisions of section 203 of the Rehabilitation Act of 1973 
that relate to research described in section 203(b)(2)(A) of such 
Act, $10,000,000 for fiscal year 1999, and such sums as may be 
necessary for fiscal year 2000. 
TITLE III—ALTERNATIVE FINANCING 
MECHANISMS 
SEC. 301. GENERAL AUTHORITY. 
29 USC 3051. 
(a) IN GENERAL.—The Secretary shall av^ard grants to States 
to pay for the Federal share of the cost of the establishment and 
administration of, or the expansion and administration of, an alter-
native financing program featuring one or more alternative financ-
ing mechsinisms to allow individuals with disabilities and their 
family members, guardians, advocates, and authorized representa-
tives to purchase assistive technology devices and assistive tech-
nology services (referred to individually in this title as an "alter-
native financing mechanism"). 
(b) MECHANISMS.—The alternative financing mechanisms may 
include— 
(1) a low-interest loan fund; 
(2) an interest buy-down program; 
(3) a revolving loan fund; 
(4) a loan guarantee or insurance program; 
(5) a program operated by a partnership among private 
entities for the purchase, lease, or other acquisition of assistive 
technology devices or assistive technology services; or 
(6) another mechanism that meets the requirements of 
this title and is approved by the Secretary. 
(c) REQUIREMENTS.— 
(1) PERIOD.—The Secretary may award grants under this 
title for periods of 1 year. 
(2) LIMITATION.—No State may receive more than one grant 
under this title. 
(d) FEDERAL SHARE.—The Federal share of the cost of the 
alternative financing program shall not be more than 50 percent. 
(e) CONSTRUCTION.—Nothing in this section shall be construed 
as affecting the authority of a State to establish an alternative 
financing program under title I. 
SEC. 302. AMOUNT OF GRANTS. 
29 USC 3052. 
(a) IN GENERAL.— 
112 STAT. 3658 
PUBLIC LAW 105-394—NOV. 13, 1998 
(1) GRANTS TO OUTLYING AREAS.—From the funds appro-
priated under section 308 for any fiscal year that are not 
reserved under section 308(b), the Secretary shall make a grant 
in an amount of not more than $105,000 to each eligible outly-
ing area. 
(2) GRANTS TO STATES.—From the funds described in para-
graph (1) that are not used to make grants under paragraph 
(1), the Secretary shall make grants to States from allotments 
made in accordance with the requirements described in para-
graph (3). 
(3) ALLOTMENTS.—From the funds described in paragraph 
(1) that are not used to make grants under paragraph (1)— 
(A) the Secretary shall allot $500,000 to each State; 
and 
(B) from the remainder of the funds— 
(i) the Secretary shall allot to each State £ui 
amount that bears the same ratio to 80 percent of 
the remainder as the population of the State bears 
to the population of all States; and 
(ii) the Secretary shall allot to each State with 
a population density that is not more than 10 percent 
greater than the population density of the United 
States (according to the most recently available census 
data) an equal snare from 20 percent of the remainder. 
(b) INSUFFICIENT FUNDS.—^If the funds appropriated under this 
title for a fiscal year are insufficient to fund the activities described 
in the acceptable applications submitted under this title for such 
year, a State whose application was approved for such year but 
that did not receive a grant under this title may update the applica-
tion for the succeeding fiscal year. Priority shall be given in such 
succeeding fiscal year to such updated applications, if acceptable. 
(c) DEFINITIONS.—In subsection (a): 
(1) OUTLYING AREA.—The term "outlying area" means the 
United States Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Islands. 
(2) STATE.—The term "State" does not include the United 
States Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
29 use 3053. 
SEC. 303. APPLICATIONS AND PROCEDURES. 
(a) ELIGIBILITY.—States that receive or have received grants 
under section 101 and comply with subsection (b) shall be eligible 
to compete for grants under this title. 
(b) APPLICATION.—^To be eligible to compete for a grant under 
this title, a State shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may require, including— 
(1) an assurance that the State will provide the non-Federal 
share of the cost of the alternative financing program in cash, 
from State, local, or private sources; 
(2) an assurance that the alternative financing program 
will continue on a permanent basis; 
(3) an assurance that, and information describing the man-
ner in which, the alternative financing program will expand 
and emphasize consumer choice and control; 
(4) an assurance that the funds made available through 
the grant to support the alternative financing program will 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3659 
be used to supplement and not supplant other Federal, State, 
and local public funds expended to provide alternative financing 
mechanisms; 
(5) an assurance that the State will ensure that— 
(A) all funds that support the alternative 
financing 
program, including funds repaid during the life of the pro-
gram, will be placed in a permanent separate account 
and identified and accounted for separately from any other 
fund; 
(B) if the organization administering the program 
invests funds within this account, the organization will 
invest the funds in low-risk securities in which a regulated 
insurance company may invest under the law of the State; 
and 
(C) the organization will administer the funds with 
the same judgment and care that a person of prudence, 
discretion, £ind intelligence would exercise in the manage-
ment of the financial affairs of such person; 
(6) an assurance that— 
(A) funds comprised of the principal and interest from 
the account described in paragraph (5) will be available 
to support the alternative financing program; and 
(B) any interest or investment income that accrues 
on or derives from such funds after such funds have been 
placed under the control of the organization administering 
the alternative financing program, but before such funds 
are distributed for purposes of supporting the program, 
will be the property of the organization administering the 
program; and 
(7) an assurance that the percentage of the funds made 
available through the grant that is used for indirect costs 
shall not exceed 10 percent. 
(c) LIMIT.—The interest and income described in subsection 
(b)(6)(B) shall not be taken into account by any officer or employee 
of the Federal Government for purposes of determining eligibihty 
for any Federal program. 
SEC. 304. CONTRACTS WITH COMMUNITY-BASED ORGANIZATIONS. 
29 USC 3054. 
(a) IN GENERAL.—A State that receives a grant under this 
title shall enter into a contract with a community-based organiza-
tion (including a group of such organizations) that has individuals 
with disabihties involved in organizational decisionmaking at all 
organizational levels, to administer the alternative financing pro-
gram. 
(b) PROVISIONS.—The contract shall— 
(1) include a provision requiring that the program funds, 
including the Federal and non-Federal shares of the cost of 
the program, be administered in a manner consistent with 
the provisions of this title; 
(2) include any provision the Secretary requires concerning 
oversight and evaluation necessary to protect Federal financial 
interests; and 
(3) require the community-based organization to enter into 
a contract, to expand opportunities under this title and facilitate 
administration of the alternative financing program, with— 
112 STAT. 3660 
PUBLIC LAW 105-394—NOV. 13, 1998 
(A) commercial lending institutions or organizations; 
or 
(B) State financing agencies. 
29 use 3055. 
SEC. 305. GRANT ADMINISTRATION REQUIREMENTS. 
A State that receives a grant under this title and any commu-
nity-based organization that enters into a contract with the State 
under this title, shall submit to the Secretary, pursuant to a sched-
ule established by the Secretary (or if the Secretary does not estab-
lish a schedule, within 12 months after the date that the State 
receives the grant), each of the following policies or procedures 
for administration of the alternative financing program: 
(1) A procedure to review and process in a timely manner 
requests for financial assistance for immediate and potential 
technology needs, including consideration of methods to reduce 
paperwork and duplication of effort, particularly relating to 
need, eligibility, and determination of the specific assistive 
technology device or service to be financed through the program. 
(2) A policy and procedure to assure that access to the 
alternative financing program shall be given to consumers 
regardless of type of disability, age, income level, location of 
residence in the State, or type of assistive technology device 
or assistive technology service for which financing is requested 
through the program. 
(3) A procedure to assure consumer-controlled oversight 
of the program. 
29 use 3056. 
SEC. 306. INFORMATION AND TECHNICAL ASSISTANCE. 
(a) IN GENERAL.—^The Secretary shall provide information and 
technical assistance to States under this title, which shall include— 
(1) providing assistance in preparing applications for grants 
under this title; 
(2) assisting grant recipients under this title to develop 
and implement alternative financing programs; and 
(3) providing any other information and technical assist-
ance the Secretary determines to be appropriate to assist States 
to achieve the objectives of this title. 
(b) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.—^The 
Secretary shall provide the information and technical assistance 
described in subsection (a) through grants, contracts, and coopera-
tive agreements with public or private agencies and organizations, 
includmg institutions of higher education, with sufficient docu-
mented experience, expertise, and capacity to assist States in the 
development and implementation of the alternative financing pro-
grams carried out under this title. 
29 use 3057. 
SEC. 307. ANNUAL REPORT. 
Deadline. 
Not later than December 31 of each year, the Secretary shall 
submit a report to the Committee on Education £ind the Worlrfbrce 
of the House of Representatives and the Committee on Labor and 
Human Resources of the Senate describing the progress of each 
alternative financing program funded under this title toward achiev-
ing the objectives of this title. The report shall include information 
on— 
(1) the number of grant applications received and approved 
by the Secretary under this title, and the amount of each 
grant awarded under this title; 
PUBLIC LAW 105-394—NOV. 13, 1998 
112 STAT. 3661 
(2) the ratio of funds provided by each State for the alter-
native financing program of the State to funds provided by 
the Federal Government for the program; 
(3) the type of alternative financing mechanisms used by 
each State and the community-based organization with which 
each State entered into a contract, under the program; and 
(4) the amount of assistance given to consumers through 
the program (who shall be classified by age, type of disability, 
type of assistive technology device or assistive technology serv-
ice financed through the program, geographic distribution 
within the State, gender, and whether the consumers are part 
of an underrepresented population or rural population). 
SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 
29 USC 3058. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
carry out this title $10,000,000 for fiscal year 1999 and such sums 
as may be necessary for fiscal year 2000. 
(b) RESERVATION.—Of the amounts appropriated under sub-
section (a) for a fiscal year, the Secretary shall reserve 2 percent 
for the purpose of providing information and technical assistance 
to States under section 306. 
TITLE IV—REPEAL AND CONFORMING 
AMENDMENTS 
SEC. 401. REPEAL. 
The Technology-Related 
Assistance for Individuals 
With 
Disabilities Act of 1988 (29 U.S.C. 2201 et seq.) is repealed. 
SEC. 402. CONFORMING AMENDMENTS. 
(a) DEFINITIONS.—Section 6 of the Rehabilitation Act of 1973 
(as amended by section 403 of the Workforce Investment Act of 
1998) is amended— 
29 USC 705. 
(1) in paragraph (3), by striking "section 3(2) of the Tech-
nology-Related Assistance for Individuals With Disabilities Act 
of 1988 (29 U.S.C. 2202(2))" and inserting "section 3 of the 
Assistive Technology Act of 1998"; and 
(2) in paragraph (4), by striking "section 3(3) of the Tech-
nology-Related Assistance for Individuals With Disabilities Act 
of 1988 (29 U.S.C. 2202(3))" and inserting "section 3 of the 
Assistive Technology Act of 1998". 
(b) 
RESEARCH AND OTHER COVERED ACTIVITIES.—Section 
204(b)(3) of the Rehabilitation Act of 1973 (as amended by section 
405 of the Workforce Investment Act of 1998) is amended— 
29 USC 764. 
(1) in subparagraph (C)(i), by striking "the Technology-
Related Assistance for Individuals With Disabilities Act of 1988 
(29 U.S.C. 2201 et seq.)" and inserting "the Assistive Technology 
Act of 1998"; and 
(2) in subparagraph (G)(i), by striking "the Technology-
Related Assistance for Individuals With Disabilities Act of 1988 
(29 U.S.C. 2201 et seq.)" and inserting "the Assistive Technology 
Act of 1998". 
112 STAT. 3662 
PUBLIC LAW 105-394—NOV. 13, 1998 
(c) PROTECTION AND ADVOCACY.—Section 509(a)(2) of the 
Rehabilitation Act of 1973 (as amended by section 408 of the 
29 use 794e. 
Workforce Investment Act of 1998) is amended by striking "the 
Technology-Related Assistance for Individuals With Disabilities Act 
of 1988 (42 U.S.C. 2201 et seq.)" and inserting "the Assistive Tech-
nology Act of 1998". 
Approved November 13, 1998. 
LEGISLATIVE HISTORY—S. 2432: 
SENATE REPORTS: No. 105-334 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Oct. 5, considered and passed Senate. 
Oct. 9, considered and passed House, amended. 
Oct. 14, Senate concurred in House amendment.