Technology-Related Assistance for Individuals with Disabilities Act Amendments of 1994
PL 103-218 (H.R.2339), enacted 03/09/1994

108 STAT. 50 
PUBLIC LAW 103-218—MAR. 9, 1994 
Mar. 9, 1994 
[H.R. 2339] 
Technology-
Related 
Assistance for 
Individuals With 
Disabilities Act 
Amendments of 
1994. 
29 u s e 2201 
note. 
Public Law 103-218 
103d Congress 
An Act 
To revise and extend the programs of the Technology-Related Assistance for Individ-
uals With Disabilities Act of 1988, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Technology-
Related Assistance for Individuals With Disabilities Act Amend-
ments of 1994". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
Sec. 3. Findings, purposes, and policy. 
Sec. 4. Definitions. 
TITLE I—GRANTS TO STATES 
Sec. 101. 
Sec. 102. 
Sec. 103. 
Sec. 104. 
Sec. 105. 
Sec. 106. 
Sec. 107. 
Sec. 201. 
Sec. 202. 
Program authorized. 
Development grants. 
Extension grants. 
Progress criteria and reports. 
Administrative provisions. 
Authorization of appropriations. 
Repeals. 
TITLE II—PROGRAMS OF NATIONAL SIGNIFICANCE 
National classification system. 
Training and demonstration projects. 
TITLE III—ALTERNATIVE FINANCING MECHANISMS 
Sec. 301. Alternative financing mechanisms authorized. 
TITLE IV—AMENDMENTS TO OTHER ACTS 
Sec. 401. Individuals with Disabilities Education Act. 
Sec. 402. Rehabilitation Act of 1973. 
Sec. 403. Administrative requirements under the Head Start Act. 
Sec. 404. Technical and conforming amendments. 
TITLE V—EFFECTIVE DATE 
Sec. 501. Effective date. 
SEC. 
2. 
REFERENCES. 
Except as otherwise specifically provided, whenever in this 
Act an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
Technology-Related Assistance for Individuals With Disabilities Act 
of 1988 (29 U.S.C. 2201 et seq.). 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 51 
SEC. 3. FINDINGS, PURPOSES, AND POUCY. 
(a) SECTION HEADING.—Section 2 (29 U.S.C. 2201) is amended 
by striking the heading and inserting the following: 
"SEC. 2. FINDINGS, PURPOSES, AND POUCY.". 
(b) FINDINGS.—Section 2(a) (29 U.S.C. 2201(a)) is amended 
to read as follows: 
"(a) FINDINGS.—The Congress finds as follows: 
"(1) Disability is a natural part of the human experience 
and in no way diminishes the right of individuals to— 
"(A) live independently; 
"(B) enjoy self-determination; 
"(C) make choices; 
"(D) pursue meaningful careers; and 
"(E) enjoy full inclusion and integration in the eco-
nomic, political, social, cultural, and educational main-
stream of American society. 
"(2) During the past decade, there have been major 
advances in modem technology. Technology is now a powerful 
force in the lives of all residents of the United States. Tech-
nology can provide important tools for making the performance 
of tasks quicker and easier. 
"(3) For some individuals with disabilities, assistive tech-
nology devices and assistive technology services are necessary 
to enable the individuals— 
"(A) to have greater control over their lives; 
"(B) to participate in, and contribute more fully to, 
activities in their home, school, and work environments, 
and in their communities; 
"(C) to interact to a greater extent with individuals 
who do not have disabilities; and 
"(D) to otherwise benefit from opportunities that are 
taken for granted by individuals who do not have disabil-
ities. 
"(4) Substantial progress has been made in the development 
of assistive technology devices, including adaptations to existing 
equipment, that significantly benefit individuals with disabil-
ities of all ages. Such devices can be used to increase the 
involvement of such individuals in, and reduce expenditures 
associated with, programs and activities such as early interven-
tion, education, rehabilitation and training, emplo3mient, resi-
dential living, independent living, recreation, and other aspects 
of daily living. 
"(5) Most States have technology-related assistance pro-
grams carried out under this Act. In spite of the efibrts made 
by such programs, there remains a need to support systems 
change and advocacy activities in order to assist States to 
develop and implement consumer-responsive, comprehensive 
statewide programs of technology-related assistance for individ-
uals with disabilities of all ages. 
"(6) Notwithstanding the efforts of such State technology-
related assistance programs, there is still a lack of— 
"(A) resources to pay for assistive technology devices 
and assistive technology services; 
"(B) trained personnel to assist individuals with 
disabilities to use such devices and services; 
108 STAT. 52 
PUBLIC LAW 103-218—MAR. 9, 1994 
**(C) information among individuals with disabilities 
and their family members, guardians, advocates, and 
authorized representatives, individuals who work for public 
agencies, or for private entities (including insurers), that 
have contact with individuals with disabilities, educators 
and related service personnel, technology experts (including 
engineers), employers, and other appropriate individuals 
about the availability and potential of technology for 
individuals with disabilities; 
"(D) aggressive outreach to underrepresented popu-
lations and rural populations; 
"(E) systems that ensure timely acquisition and deliv-
ery of assistive technology devices and assistive technology 
services, particularly with respect to children; 
"(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) Many individuals with disabilities cannot access exist-
ing telecommunications and information technologies and are 
at risk of not being able to access developing technologies. 
The failure of Federal and State governments, hardware manu-
facturers, software designers, information systems managers, 
and telecommunications service providers to account for the 
specific needs of individuals with disabilities results in the 
exclusion of such individuals from the use of telecommuni-
cations and information technologies and results in unnecessary 
costs associated with the retrofitting of devices and product 
systems. 
"(8) There are insufficient incentives for the commercial 
pursuit of the application of technology devices to meet the 
needs of individuals with disabilities, because of the perception 
that such individuals constitute a limited market. 
"(9) 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 use of assistive 
technology devices and assistive technology services to individ-
uals with disabilities and their family members, guardians, 
advocates, and authorized representatives, individuals who 
work for public agencies, or for private entities (including insur-
ers), that have contact with individuals with disabilities, edu-
cators and related services personnel, 
technology 
experts 
(including engineers), employers, and other appropriate individ-
uals.". 
(c) PURPOSES.—Section 2(b) (29 U.S.C. 2201(b)) is amended 
to read as follows: 
"(b) PURPOSES.—^The purposes of this Act are as follows: 
"(1) To provide financial assistance to the States to support 
systems change and advocacy activities designed to assist each 
State in developing and implementing a consumer-responsive 
comprehensive statewide program of technology-related assist-
ance, for individuals with disabilities of all ages, that is 
designed to— 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 53 
**(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 the planning, 
development, implementation, and evaluation of such a 
program; 
"(C) increase the involvement of individuals with 
disabilities and, if appropriate, their family members, 
guardians, advocates, or authorized representatives, in 
decisions related to the provision of assistive technology 
devices and assistive technology services; 
"(D) 
increase 
the 
provision 
of 
outreach 
to 
underrepresented populations and rural populations, to 
enable the two populations to enjoy the benefits of pro-
grams carried out to accomplish purposes described in this 
paragraph to the same extent as other populations; 
"(E) increase and promote coordination among State 
agencies, and between State agencies and private entities, 
that are involved in carrying out activities under this title, 
particularly providing assistive technology devices and 
assistive technology services, that accomplish a purpose 
described in another subparagraph of this paragraph; 
"(FXi) 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, that 
impede the availability or provision of assistive technology 
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 
between settings of daily living; 
"(H) enhance the skills and competencies of individuals 
involved in providing assistive technology devices and 
assistive technology services; 
"(I) increase awareness and knowledge of the efficacy 
of assistive technology devices and assistive technology 
services among— 
"(i) individuals with disabilities and their family 
members, guardians, advocates, and authorized rep-
resentatives; 
"(ii) individuals who work for public agencies, or 
for private entities (including insurers), that have con-
tact with individuals with disabilities; 
"(iii) educators and related services personnel; 
"(iv) technology experts (including engineers); 
"(v) employers; and 
"(vi) other appropriate individuals; 
"(J) increase the capacity of public agencies and private 
entities to provide and pay for assistive technology devices 
108 STAT. 54 
PUBLIC LAW 103-218—MAR. 9, 1994 
and assistive technology services on a statewide basis for 
individuals with disabilities of all ages; and 
"(K) increase the awareness of the needs of individuals 
with disabilities for assistive technology devices and for 
assistive technology services. 
"(2) To identify Federal policies that facilitate payment 
for assistive technology devices and assistive technology serv-
ices, to identify Federal policies that impede such payment, 
and to eliminate inappropriate barriers to such pavment. 
"(3) To enhance the ability of the Federal Government 
to provide States with— 
''(A) technical assistance, information, training, and 
public awareness programs relating to the provision of 
assistive technology devices and assistive technology serv-
ices; and 
"(B) funding for demonstration projects.", 
(d) POLICY.—Section 2 (29 U.S.C. 2201) is amended by adding 
at the end the following: 
"(c) POLICY.—It is the policy of the United States that all 
programs, projects, and activities receiving assistance imder this 
Act shall be consumer-responsive and shall be carried out in a 
manner consistent with the principles of— 
"(1) respect for individual dignity, personal responsibility, 
self-determination, and pursuit of meaningful careers, based 
on informed choice, of individuals with disabilities; 
"(2) respect for the privacy, rights, and equal access (includ-
ing the use of accessible formats), of such individuals; 
"(3) inclusion, integration, and full participation of such 
individuals; 
"(4) support for the involvement of a family member, a 
guardian, an advocate, or an authorized representative, if an 
individual with a disability requests, desires, or needs such 
support; and 
"(5) support for individual and systems advocacy and 
community involvement.". 
SEC. 4. DEFINITIONS. 
Section 3 (29 U.S.C. 2202) is amended— 
(1) by redesignating paragraphs (1) through (8) as para-
graphs (2), (3), (7), (8), (10), (11), (13), and (14), respectively; 
(2) by inserting before paragraph (2) (as redesignated by 
paragraph (1)) the following: 
"(1) ADVOCACY SERVICES.—^The term 'advocacy services', 
except as used as part of the term 'protection and advocacy 
services', means services— 
"(A) provided to assist individuals with disabilities and 
their family members, guardians, advocates, and author-
ized representatives in accessing assistive technology 
devices and assistive technology services; and 
"(B) provided through— 
"(i) individual case management for individuals 
with disabilities; 
"(ii) representation of individuals with disabilities 
(other than representation within the definition of 
protection and advocacy services); 
"(iii) training of individuals with disabilities and 
their family members, guardians, advocates, and 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 55 
authorized representatives to successfully 
conduct 
advocacy for themselves; or 
"(iv) dissemination of information."; 
(3) in paragraph (3)(E) (as redesignated by paragraph (1)), 
by striking "family" and all that follows and inserting "the 
family members, guardians, advocates, or authorized represent-
atives of such an individual; and"; 
(4) by inserting after paragraph (3) (as redesignated by 
paragraph (1)) the following: 
"(4) COMPREHENSIVE STATEWIDE PROGRAM OF TECHNOLOGY-
RELATED ASSISTANCE.—^The term 'comprehensive statewide 
program of technology-related assistance' means a statewide 
program of technology-related assistance developed and imple-
mented by a State under title I that— 
"(A) addresses the needs of all individuals with disabil-
ities, including members of underrepresented populations 
and members of rural populations; 
"(B) addresses such needs without regard to the age, 
type of disability, race, ethnicity, or gender of such individ-
uals, or the particular major life activity for which such 
individuals need the assistance; and 
"(C) addresses such needs without requiring that the 
assistance be provided through any particular agency or 
service delivery system. 
"(5) CoNSUMER-RESPONsrVE.—The term 'consumer-respon-
sive' means, with respect to an entity, program, or activity, 
that the entity, program, or activity— 
"(A) is easily accessible to, and usable by, individuals 
with disabilities and, when appropriate, their family mem-
bers, guardians, advocates, or authorized representatives; 
"(B) responds to the needs of individuals with disabil-
ities in a timely and appropriate manner; and 
"(C) facilitates the full and meaningful participation 
of individuals with disabilities (including individuals from 
underrepresented populations and rural populations) and 
their family members, guardians, advocates, and author-
ized representatives, in— 
"(i) decisions relating to the provision of assistive 
technology devices and assistive technology services; 
and 
"(ii) the planning, development, implementation, 
and evaluation of the comprehensive statewide pro-
gram of technology-related assistance. 
"(6) DISABILITY.—^The term 'disability* means a condition 
of an individual that is considered to be a disability or handicap 
for the purposes of any Federal law other than this Act or 
for the purposes of the law of the State in which the individual 
resides. ; 
(5) by striking paragraph (7) (as redesignated by paragraph 
(1)) and inserting the following: 
"(7) 
INDIVIDUAL WITH A DISABILITY; INDIVIDUALS WITH 
DISABILITIES.— 
"(A) INDIVIDUAL WITH A DISABILITY.—^The term 'individ-
ual with a disability' means any individual— 
"(i) who has a disability; and 
"(ii) who is or would be enabled by an assistive 
technology device or an assistive technology service 
108 STAT. 56 
PUBLIC LAW 103-218—MAR. 9, 1994 
to minimize deterioration in functioning, to maintain 
a level of functioning, or to achieve a greater level 
of fimctioning in any major life activity. 
"(B) 
INDIVIDUALS 
WITH 
DISABIUTIES.—The 
term 
'individuals with disabilities' means more than one individ-
ual with a disability."; 
(6) in paragraph (8) (as redesignated by paragraph (1))— 
(A) by striking "section 435(b)" and inserting "section 
1201(a)"; and 
(B) by striking "1965" and inserting "1965 (20 U.S.C. 
1141(a))"; 
(7) by inserting after paragraph (8) (as redesignated by 
paragraph (1)) the following: 
"(9) PROTECTION AND ADVOCACY SERVICES.—The term 
'protection and advocacy services' means services that— 
"(A) are described in part C of the Developmental 
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
6041 et seq.), the Protection and Advocacy for Mentally 
111 Individuals Act (42 U.S.C. 10801 et seq.), or section 
509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e); 
and 
"(B) assist individuals with disabilities with respect 
to assistive technology devices and assistive technology 
services."; 
(8) in paragraph (11) (as redesignated by paragraph (1))— 
(A) by striking "several States" and inserting "several 
States of the United States"; 
(B) by striking "Virgin Islands" and inserting "United 
States Virgin Islands"; and 
(C) by striking "the Trust Territory of the Pacific 
Islands" and inserting "the Republic of Palau (until the 
Compact of Free Association with Palau takes effect)"; 
(9) by inserting after such paragraph (11) the following: 
"(12) 
SYSTEMS CHANGE AND ADVOCACY ACTIVITIES.—The 
term 'systems change and advocacy activities' means efforts 
that result in laws, regulations, policies, practices, or organiza-
tional structures that promote consumer-responsive programs 
or entities and that facilitate and increase access to, provision 
of, and funding for, assistive technology devices and assistive 
technology services on a permanent basis, in order to empower 
individuals with disabilities to achieve greater independence, 
productivity, and integration and inclusion within the commu-
nity and the work force."; 
(10) in paragraph (13) (as redesignated by paragraph (1))— 
(A) by striking "functions performed and activities car-
ried out under section 101" and inserting "assistance pro-
vided through systems change and advocacy activities"; 
and 
(B) by inserting "any of subparagraphs (A) through 
(K) of before "section 2(bXl)"; and 
(11) by amending paragraph (14) (as redesignated by para-
graph (1)) to read as follows: 
"(14) 
UNDERREPRESENTED 
POPULATION.—^The 
term 
'underrepresented population' includes a population such as 
minorities, the poor, and persons with limited-English pro-
ficiency.". 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 57 
TITLE I—GRANTS TO STATES 
SEC. 101. PROGRAM AUTHORIZED. 
(a) GRAhfTS TO STATES.—Section 101(a) (29 U.S.C. 2211(a)) is 
amended— 
(1) by inserting after "provisions of this title" the following: 
"to support systems change and advocacy activities designed ; 
and 
(2) by striking "to develop and implement" and inserting 
"in developing and implementing". 
(b) ACTIVITIES.—Section 101 (29 U.S.C. 2211) is amended by 
striking subsections (b) and (c) and inserting the following: 
"(b) ACTIVITIES.—^Any State that receives a grant under section 
102 or 103 shall use the funds made available through the grant 
to accomplish the purposes described in section 2(bXl) and, in 
accomplisning such purposes, may carry out any of the following 
systems change and advocacy activities: 
"(1) 
MODEL SYSTEMS AND ALTERNATIVE STATE-FINANCED 
SYSTEMS.—^The State may support activities to increase access 
to, and funding for, assistive technology, including— 
"(A) the development, and evaluation of the efficacy, 
of model delivery systems that provide assistive technology 
devices and assistive technology services to individuals with 
disabilities, that pay for such devices and services, and 
that, if successful, could be replicated or generally applied, 
such as— 
"(i) the development of systems for the purchase, 
lease, other acquisition, or payment for the provision, 
of assistive technology devices and assistive technology 
services; or 
"(ii) the establishment of alternative State or pri-
vately financed systems of subsidies for the provision 
of assistive technology devices and assistive technology 
services, such as— 
"(I) a loan system for assistive technology 
devices; 
"(II) an income-contingent loan fund; 
"(III) a low-interest loan fund; 
"(IV) a revolving loan fund; 
"(V) a loan insurance program; or 
"(VI) a partnership with private entities for 
the purchase, lease, or other acquisition of 
assistive technology devices and the provision of 
assistive technology services; 
"(B) the demonstration of assistive technology devices, 
including— 
"(i) the provision of a location or locations within 
the State where— 
"(I) individuals with disabilities and their fam-
ily members, guardians, advocates, and authorized 
representatives; 
"(II) education, rehabilitation, health care, and 
other service providers; 
"(III) individuals who work for Federal, State, 
or local government entities; and 
"(IV) employers. 
108 STAT. 58 
PUBLIC LAW 103-218—MAR. 9, 1994 
can see and touch assistive technology devices, and 
learn about the devices from personnel who are famil-
iar with such devices and their applications; 
**(ii) the provision of counseling and assistance to 
individuals with disabilities and their family members, 
guardians, advocates, and authorized representatives 
to determine individual needs for assistive technology 
devices and assistive technology services; and 
"(iii) the demonstration or short-term loan of 
assistive technology devices to individuals, employers, 
public agencies, or public accommodations seeking 
strategies to comply with the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.) and section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); 
and 
"(C) the establishment of information systems about, 
and recycling centers for, the redistribution of assistive 
technology devices and equipment that may include device 
and equipment loans, rentals, or gifts. 
"(2) INTERAGENCY COORDINATION.—The State may support 
activities— 
"(A) to identify and coordinate Federal and State poli-
cies, resources, and services, relating to the provision of 
assistive technology devices and assistive technology serv-
ices, including entering into interagency agreements; 
"(B) to convene interagency work groups to enhance 
public funding options and coordinate access to funding 
for assistive technology devices and assistive technology 
services for individuals with disabilities of all ages, with 
special attention to the issues of transition (such as transi-
tion from school to work, and transition from participation 
in programs under part H of the Individuals vnth Disabil-
ities Education Act (20 U.S.C. 1471 et seq.), to participation 
in programs imder part B of such Act (20 U.S.C. 1411 
et seq.)) home use, and individual involvement in the identi-
fication, planning, use, delivery, and evaluation of such 
devices and services; or 
"(C) to document and disseminate information about 
interagency activities that promote coordination with 
respect to assistive technology devices and assistive tech-
nology services, including evidence of increased participa-
tion of State and local special education, vocational 
rehabilitation, and State medical assistence agencies and 
departments. 
"(3) OUTREACH.—^The Stete may carry out activities to 
encourage the creation or maintenance of, support, or provide 
assistence to, stetewide and community-based organizations, 
or systems, that provide assistive technology devices and 
assistive technology services to individuals with disabilities 
or that assist individuals with disabilities in using assistive 
technology devices and assistive technology services. Such 
activities may include outreach to consumer organizations and 
groups in the State to coordinate the activities of the organiza-
tions and groups with efforts (including self-help, support 
groups, and peer mentoring) to assist individuals with disabil-
ities and their family members, guardians, advocates, or author-
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 59 
ized representatives, to obtain funding for, and access to, 
assistive technology devices and assistive technology services. 
"(4) EXPENSES.—The State may pay for expenses, including 
travel expenses, and services, including services of qualified 
interpreters, readers, and personal care assistants, that may 
be necessary to ensure access to the comprehensive statewide 
program of technology-related assistance by individuals with 
disabilities who are determined by the State to be in financial 
need. 
"(5) STATEWIDE NEEDS ASSESSMENT.—The State may con-
duct a statewide needs assessment that may be based on data 
in existence on the date on which the assessment is initiated 
and may include— 
"(A) estimates of the numbers of individuals with 
disabilities within the State, categorized by residence, type 
and extent of disabilities, age, race, gender, and ethnicity; 
"(B) in the case of an assessment carried out under 
a development grant, a description of efforts, during the 
fiscal year preceding the first fiscal year for which the 
State received such a grant, to provide assistive technolo^ 
devices and assistive technology services to individuals wim 
disabilities within the State, including— 
"(i) the number of individuals with disabilities who 
received appropriate assistive technology devices and 
assistive technology services; and 
"(ii) a description of the devices and services pro-
vided; 
"(C) information on the number of individuals with 
disabilities who are in need of assistive technology devices 
and assistive technology services, and a description of the 
devices and services needed; 
"(D) information on the cost of providing assistive tech-
nolo^ devices and assistive technology services to all 
individuals with disabilities within the State who need 
such devices and services; 
"(E) a description of State and local public resources 
and private resources (including insurance) that are avail-
able to establish a consumer-responsive comprehensive 
statewide program of technology-related assistance; 
"(F) information identifying Federal and State laws, 
regulations, policies, practices, procedures, and organiza-
tional structures, that facilitate or interfere with the oper-
ation of a consumer-responsive comprehensive statewide 
program of technology-related assistance; 
"(G) a description of the procurement policies of the 
State and the extent to which such policies will ensure, 
to the extent practicable, that assistive technology devices 
purchased, leased, or otherwise acquired with assistance 
made available through a grant made under section 102 
or 103 are compatible with other technology devices, includ-
ing technology devices designed primarily for use by— 
"(i) individuals who are not individuals with 
disabilities; 
"(ii) individuals who are elderly; or 
"(iii) individuals with particular disabilities; and 
"(H) information resulting from an inquiry about 
whether a State agency or task force (composed of individ-
108 STAT. 60 
PUBLIC LAW 103-218—MAR. 9, 1994 
uals representing the State and individuals representing 
the private sector) should study the j^ractices of private 
insurance companies holding licenses within the State that 
offer health or disability insurance policies under which 
an individual may obtain reimbursement for— 
"(i) the purchase, lease, or other acquisition of 
assistive technology devices; or 
**(ii) the use ofassistive technology services. 
"(6) PUBLIC AWARENESS PROGRAM.— 
"(A) IN GENERAL.—The State may— 
"(i) sui)port a public awareness program designed 
to provide information relating to the availability and 
efficacy of assistive technology devices and assistive 
technology services for— 
"(I) individuals with disabilities and their fam-
ily members, guardians, advocates, or authorized 
representatives; 
"(II) individuals who work for public agencies, 
or for private entities (including insurers), that 
have contact with individuals with disabilities; 
"(III) educators and related services personnel; 
"(IV) technology experts (including engineers); 
"(V) employers; and 
"(VI) other appropriate individuals and enti-
ties; or 
"(ii) establish and support such a program if no 
such program exists. 
"(B) CONTENTS.—Such a public awareness program 
may include— 
"(i) the development and dissemination of informa-
tion relating to— 
"(I) the nature of assistive technology devices 
and assistive technology services; 
"(II) the appropriateness, cost, and availability 
of, and access to, assistive technology devices and 
assistive technology services; and 
"(III) the efficacy 
of assistive 
technology 
devices and assistive technology services with 
respect to enhancing the capacity of individuals 
with disabilities; 
"(ii) the development of procedures for providing 
direct communication 
among public providers of 
assistive technology devices and assistive technology 
services and between public providers and private 
providers of such devices and services (including 
employers); and 
"(iii) the 
development 
and 
dissemination 
of 
information relating to the use of the program by 
individuals with disabilities and their family members, 
guardians, advocates, or authorized representatives, 
professionals who work in a field related to an activity 
described in this section, and other appropriate individ-
uals. 
"(7) TRAINING AND TECHNICAL ASSISTANCE.—The State may 
carry out directly, or may provide support to a public or private 
entity to csirry out, training and technical assistance activities— 
"(A)that>-
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 61 
"(i) are provided for individuals with disabilities 
and their family members, guardians, advocates, and 
authorized representatives, and other appropriate 
individu£ds; and 
**(ii) may include— 
"(I) training in the use of assistive technology 
devices and assistive technology services; 
''(II) the development of written materials, 
training, and technical assistance describing the 
means by which agencies consider the needs of 
an individual with a disability for assistive tech-
nology devices and assistive technology services 
in developing, for the individual, any individual-
ized education program described in section 
614(aX5) of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1414(aX5)), any individual-
ized written rehabilitation program described in 
section 102 of the Rehabilitation Act of 1973 (29 
U.S.C. 722), any individualized family service plan 
described in section 677 of the IncUviduals with 
Disabilities Education Act (20 U.S.C. 1477), and 
any other individualized plans or programs; 
"(III) training regarding the rights of the per-
sons described in clause (i) to assistive technology 
devices and assistive technology services under suiy 
law other than this Act, to promote fuller 
independence, productivity, and inclusion in and 
integration into society of such persons; and 
"(IV) training to increase consumer participa-
tion in the identification, planning, use, delivery, 
and evaluation of assistive technology devices and 
assistive technology services; and 
"(B) that^ 
"(i) enhance the assistive technology skills and 
competencies o
f
— 
"(I) individuals who work for public agencies, 
or for private entities (including insurers), that 
have contact with individuals with disabilities; 
"(II) educators and related services personnel; 
"(III) technology experts (including engineers); 
"(IV) employers; and 
"(V) other appropriate personnel; and 
"(ii) include taking actions to facilitate the develop-
ment of standards, or, when appropriate, the applica-
tion of such standards, to ensure the availability of 
qualified personnel. 
"(8) PROGRAM DATA.—^The State may support the compila-
tion and evaluation of appropriate data related to a pro-am 
described in subsection (a). 
"(9) ACCESS TO TECHNOLOGY-RELATED INFORMATION.— 
"(A) IN GENERAL.—^The State may develop/operate, 
or expand a system for public access to information concern-
ing an activity carried out under another paragraph of 
this subsection, including information about assistive tech-
nology devices and assistive technology services, funding 
sources and costs of such assistance, and individuals. 
108 STAT. 62 
PUBLIC LAW 103-218—MAR. 9, 1994 
organizations, and agencies capable of carrying out such 
an activity for individuals with disabilities. 
"(B) ACCESS.—^Access to the system may be provided 
through community-based entities, including public librar-
ies, centers for independent living (as defined in section 
702(1) of the Rehabilitation Act of 1973 (29 U.S.C. 796a(l))), 
and community rehabilitation programs (as defined in sec-
tion 7(25) of such Act (29 U.S.C. 706(25))). 
"(C) SYSTEM.—In developing, 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 formatted 
with read-only memory), information that can be used 
in telephone-based information systems, and such 
other media as technological innovation may make 
appropriate; 
"(ii) identify and classify existing funding sources, 
and the conditions of and criteria for access to such 
sources, including any funding mechanisms or strate-
gies developed by the State; 
"(iii) identify existing support groups and systems 
designed to help individuals witn disabilities make 
effective use of an activity carried out imder another 
paragraph of this subsection; and 
^iv) maintain a record of the extent to which 
citizens of the State use or make inquiries of the sys-
tem established in subparagraph (A), and of the nature 
of such inquiries. 
"(D) LINKAGES.—^The information system may be orga-
nized on an interstate basis or as part of a regional consor-
tium of States in order to facilitate the establishment of 
compatible, linked information systems. 
"(10) INTERSTATE ACTIVITIES.— 
"(A) IN GENERAL.—^The State may enter into coopera-
tive agreements with other States to expand the capacity 
of the States involved to assist individuals with disabilities 
of all ages to learn about, acquire, use, maintain, adapt, 
and upgrade assistive technolo^ devices and assistive tech-
nology services that such individuals need at home, at 
school, at work, or in other environments that are part 
of daily living. 
"(B) 
ELECTRONIC COMMUNICATION.—The State 
mav 
operate or participate in a computer system through whicn 
the State may electronically communicate with other States 
to gain technical assistance in a timely fashion and to 
avoid the duplication of efforts already undertaken in other 
States. 
"(11) 
PARTNERSHIPS AND COOPERATIVE INITIATIVES.—The 
State may support the establishment or continuation of partner-
ships and cooperative initiatives between the public sector and 
the private sector to promote greater participation by business 
and industry in— 
"(A) the development, demonstration, and dissemina-
tion of assistive technology devices; and 
"(B) the ongoing provision of information about new 
products to assist individuals with disabilities. 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 63 
"(12) 
ADVOCACY SERVICES.—The State may provide 
advocacy services. 
"(13) OTHER ACTIVITIES.—The State may utilize amounts 
made available through grants made under section 102 or 103 
for any systems change and advocacy activities, other than 
the activities described in another paragraph of this subsection, 
that are necessary for developing, implementing, or evaluating 
the consimier-responsive comprehensive statewide program of 
technology-related assistance. 
"(c) NONSUPPLANTATION.—In carrying out systems change and 
advocacy activities under this title, the State shall ensure that 
the activities supplement, and not supplant, similar activities that 
have been carried out pursuant to other Federal or State law.". 
SEC. 102. DEVELOPMENT GRANTS. 
Section 102 (29 U.S.C. 2212) is amended— 
(1) in subsection (a)— 
(A) by striking "3-year grants" and inserting "3-year 
grants to support systems change and advocacy activities 
described in section 101(b) (including activities described 
in subsection (eXT))"; and 
(B) by striking "to develop and implement statewide 
programs" and inserting "in developing and implementing 
consumer-responsive comprehensive statewide programs"; 
(2) by striking subsection (b); 
(3) by redesignating subsections (c) and (d) as subsections 
(b) and (c), respectively; 
(4) in subsection (b) (as redesignated in paragraph (3))— 
(A) in paragraph (3XC), by striking "statewide pro-
gram" and inserting "consumer-responsive comprehensive 
statewide program"; and 
(B) in paragraph (5)— 
(i) in subparagraph (A)— 
(I) by striking "(A)" and inserting "(A) 
STATE.—"; 
(II) by inserting "United States" before "Virgin 
Islands"; and 
(III) by striking "Trust Territory of the Pacific 
Islands" £uid inserting "Republic of Palau"; and 
(ii) in subparagraph (B)— 
(I) by striking "(B)" and inserting "(B) TERRI-
TORY.—"; 
(II) by inserting "United States" before "Virgin 
Islands"; and 
(III) by striking "Trust Territory of the Pacific 
Islands" and inserting "Republic of Palau (until 
the Compact of Free Association takes effect)"; 
(5) in paragraph (2) of subsection (c) (as redesignated in 
paragraph (3)) by striking "statewide programs" and inserting 
"consiuner-responsive comprehensive statewide programs"; 
(6) by inserting after such subsection (c) the following: 
"(d) DESIGNATION OF THE LEAD AGENCY.— 
"(1) DESIGNATION.—The Governor of any State that desires 
to receive a grant under this section shall designate the ofiRce, 
agency, entity, or individual (referred to in this Act as the 
'lead agency*) responsible for— 
108 STAT. 64 
PUBLIC LAW 103-218—MAR. 9, 1994 
"(A) submitting the application described in subsection 
(e) on behalf of the State; 
"(B) administering and supervising the use of amounts 
made available under the grant; 
"(CXi) coordinating efforts related to, and supervising 
the preparation of, the application; 
"(ii) 
coordinating 
the 
planning, 
development, 
implementation, and ev 
iduation of the consumer-responsive 
comprehensive statewde program of technology-related 
assist£mce among public agencies and between public agen-
cies and private agencies, including coordinating efforts 
related to entering into interagenQr agreements; and 
"(iii) coordinating efforts related to, and supervising, 
the active, timely, and me£uiingful participation by individ-
uals with disabilities and their family members, guardians, 
advocates, or authorized representatives, and other appro-
priate individuals, with respect to activities carried out 
under the grant; and 
"(D) the delegation, in whole or in part, of any respon-
sibilities described in subparagraph (A), (B), or (C) to one 
or more appropriate offices, agencies, entities, or individ-
uals. 
"(2) QUAUFICATIONS.—^In designating the lead agency, the 
Governor may designate— 
"(A) a commission appointed by the Governor; 
"(B) a public-private partnership or consortium; 
**(C) a university-affiliated program; 
"(D) a pi:dblic agency; 
"(E) a council established under Federal or State law; 
or 
"(F) another appropriate office, agency, entity, or 
individual. 
"(3) ABILITIES OF LEAD AGENCY.—The State shall provide, 
in accordance with subsection (eXD, evidence that the lead 
agency has the ability— 
"(A) to respond to assistive technology needs across 
disabilities and ages; 
"(B) to promote the availability throughout the State 
of assistive technology devices and assistive technology 
services; 
''(C) to promote and implement systems change and 
advocacy activities; 
"(D) to promote and develop public-private partner-
ships; 
"(E) to exercise leadership in identifjdng and respond-
ing to the technology needs of individuals with disabilities 
and their family members, guardians, advocates, and 
authorized representatives; 
"(F) to promote consumer confidence, responsiveness, 
and advocacy; and 
"(G) to exercise leadership in implementing effective 
strategies for capacity building, staff and consumer train-
ing, and enhancement of access to funding for assistive 
technology devices and assistive technology services across 
agencies."; 
(7) in subsection (e)— 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 65 
(A) by striking paragraphs (1), (2), and (3) and insert-
ing the following: 
"(1) DESIGNATION OF THE LEAD AGENCY.—Information 
identifying the lead agency designated by the Governor under 
subsection (dXD, and the evidence described in subsection 
(d)(3). 
"(2) AGENCY INVOLVEMENT.—A description of the nature 
and extent of involvement of various State agencies, including 
the State insurance department, in the preparation of the 
application and the continuing role of each agency in the devel-
opment and implementation of the consumer-responsive com-
prehensive statewide program of technology-related assistance, 
including the identification of the available resources and finan-
cial responsibility of each agency for paying for assistive tech-
nology devices and assistive technology services. 
"(3) INVOLVEMENT.— 
"(A) CONSUMER INVOLVEMENT.—A description of proce-
dures that provide for— 
"(iXD the active involvement of individuals with 
disabilities and their family members, guardians, 
advocates, and authorized representatives, and other 
appropriate 
individuals, 
in 
the 
development, 
implementation, and evaluation of the program; and 
"(II) the active involvement, to the maximum 
extent appropriate, of individuals with disabilities who 
use assistive technology devices or assistive technology 
services, in decisions relating to such devices and serv-
ices; and 
"(ii) mechanisms for determining consumer satis-
faction and participation of individuals with disabilities 
who represent a variety of ages and tjrpes of disabil-
ities, in the consumer-responsive comprenensive state-
wide program of technology-related assistance. 
"(B) PUBLIC INVOLVEMENT.—A description of the nature 
and extent of— 
"(i) the involvement, in the designation of the lead 
agency under subsection (d), and in the development 
of the application, of— 
(I) individuals with disabilities and their fam-
ily members, guardians, advocates, or authorized 
representatives; 
"(II) other appropriate individuals who are not 
employed by a State agency; and 
"(III) organizations, providers, and interested 
parties, in the private sector; and 
(ii) the continuing role of the individuals and enti-
ties described in clause (i) in the program."; 
(B) in paragraph (4), by striking "underserved groups'* 
and inserting "underrepresented populations or rural popu-
lations"; 
(C) in paragraphs (4) and (5), by striking "statewide 
program" each place the term appears cuid inserting 
consumer-responsive comprehensive statewide program"^ 
(D) by striking paragraphs (6), (7), and (17); 
(E) by redesignating paragraphs (8) and (9) as para-
graphs (17) and (18), respectively, and transferring such 
paragraphs to the end of the subsection; 
108 STAT. 66 
PUBLIC LAW 103-218—MAR. 9, 1994 
(F) by inserting after paragraph (5) the following: 
**(6) GOALS, OBJECTIVES, AcnvmES, AND OUTCOMES.— 
Information on the program with respect to— 
"(A) the goals and objectives of the State for the pro-
gram; 
"(B) the systems change and advocacy activities that 
the State plans to carry out under the program; and 
"(C) the expected outcomes of the State for the pro-
f
ram, consistent with the purposes described in section 
(bXl). 
"(7) PMORTTY ACTIVITIES.— 
"(A) IN GENERAL.—^An assurance that the State will 
use fimds made available under this section or section 
103 to accomplish the purposes described in section 2(bXl) 
and the goals, objectives, and outcomes described in para-
graph (6), and to carrv out the systems change and 
advocacy activities described in paragraph (6XB), in a man-
ner that is consumer-responsive. 
*
*
(
B
) PARTICULAR ACTIVITIES.—An assurance that the 
State, in canving out such systems change and advocacy 
activities, shaU carry out activities regarding— 
"(i) the develoi)ment, implementation, and monitor-
ing of State, regional, and local laws, regulations, 
policies, practices, procedures, and organizational 
structures, that will improve access to, provision of, 
funding for, and timely acquisition and delivery of, 
assistive technology devices and assistive technology 
services; 
"(ii) the development and implementation of strate-
gies to overcome barriers regardmg access to, provision 
of, and funding for, such devices and services, with 
priority for identification of barriers to funding through 
State education (including special education) services, 
vocational rehabilitation services, and medical assist-
ance services or, as appropriate, other health and 
human services, and wim particular emphasis on over-
coming barriers for imderrepresented populations and 
rural populations; 
"(lii) coordination of activities among State agen-
cies, in order to facilitate access to, provision of, and 
funding for, assistive technology devices and assistive 
technology services; 
"(iv) the development and implementation of 
strategies to empower individuals with disabilities and 
their family members, guardians, advocates, and 
authorized representatives, to successfully advocate for 
increased access to, funding for, and provision of, 
assistive technology devices and assistive technology 
services, and to increase the participation, choice, and 
control of such individuals with disabilities and their 
family members, guardians, advocates, and autiiorized 
representatives in the selection and procurement of 
assistive technology devices and assistive technology 
services; 
"(v) the provision of outreach to underrepresented 
populations and rural populations, including identify-
mg and assessing the needs of such populations. 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 67 
providing activities to increcuse the accessibility of serv-
ices to such populations, training representatives of 
such populations to become service providers, and 
training staff of the consumer-responsive comprehen-
sive statewide program of technology-related assistance 
to work with such populations; and 
"(vi) the development and implementation of 
strategies to ensure timely acquisition and delivery 
of assistive technology devices and assistive technology 
services, particularly for children, 
unless the State demonstrates through the progress reports 
required imder section 104 that significant progress has 
been made in the development and implementation of a 
consumer-responsive comprehensive statewide program of 
technology-related assistance, and that other systems 
change and advocacy activities will increase the likelihood 
that the program will accomplish the purposes described 
in section 2(bXl). 
"(8) ASSESSMENT.—^An assurance that the State will con-
duct an annual assessment of the consumer-responsive com-
prehensive statewide program of technology-related assistance, 
in order to determine— 
"(A) the extent to which the State's goals and objectives 
for systems change and advocacy activities, as identified 
in the State plan imder paragraph (6), have been achieved; 
and 
**(B) the areas of need that require attention in the 
next year. 
"(9) DATA COLLECTION.—A description of— 
"(A) the data collection system used for compiling 
information on the program, consistent with such require-
ments as the Secretary may establish for such systems, 
and, when a national classification system is developed 
pursuant to section 201, consistent with such classification 
system; and 
"(B) procedures that will be used to conduct evaluations 
of the program."; 
(G) in paragraphs (llXBXi) and (12XB) by striking 
"individual with disabilities" and inserting "individual with 
a disabilitjr"; 
(H) in paragraph (16XA), by striking "the families or 
representatives of individuals with disabilities" and insert-
ing "their family members, guardians, advocates, or author-
ized representatives"; and 
(I) by adding at the end the following: 
"(19) AUTHORITY TO USE FUNDS.—An assurance that the 
lead agency will have the authority to use fimds made available 
througn a grant made under this section or section 103 to 
comply with the requirements of this section or section 103, 
respectively, including the ability to hire qualified staff nec-
essary to carry out activities under the program. 
"(20) PROTECTION AND ADVOCACY SERVICES.—Either— 
"(A) an assurance that the State will annually provide, 
from the fimds made available to the State through a 
grant made under this section or section 103, an amount 
calculated in accordance with subsection (fX4), in order 
to make a grant to, or enter into a contract with, an 
108 STAT. 68 
PUBLIC LAW 103-218—MAR. 9, 1994 
entity to support protection and advocacy services through 
the systems established to provide protection and advocacy 
under the Developmental Disabilities Assistance and Bill 
of Rights Act (42 U.S.C. 6000 et seq.), the Protection and 
Advocacy for Mentally 111 Individuals Act (42 U.S.C. 10801 
et seq.), and section 509 of the Rehabilitation Act of 1973 
(29U.S.C.794e);or 
"(B) at the discretion of the State, a request that the 
Secretai^ annually reserve, from the funds made available 
to the State through a grant made under this section 
or section 103, an amount calculated in accordance with 
subsection (fX4), in order for the Secretary to make a 
grant to or enter into a contract with such a system to 
support protection and advocacy services. 
"(21) TRAINING ACTIYITIES.—An assurance that the State— 
"(A) will develop and implement strategies for includ-
ing personnel training regarding assistive technology 
within existing Federal- and State-funded training initia-
tives, in order to enhance assistive technology slalls and 
competencies; and 
"(B) will docimient such training. 
"(22) LIMIT ON INDIRECT COSTS.—An assurance that the 
percentage of the funds received under the grant that is used 
for indirect costs shall not exceed 10 percent. 
"(23) COORDINATION WITH STATE COUNCILS.—An assurance 
that the lead agency will coordinate the activities funded 
through a grant made under this section or section 103 with 
the activities carried out by other councils within the State, 
including— 
"(A) any council or commission specified in the assur-
ance provided by the State in accordance with section 
101(aX36) of the Rehabilitation Act of 1973 (29 U.S.C. 
721(aX36)); 
"(B) the Statewide Independent Living Coxmcil estab-
lished under section 705 of the Rehabilitation Act of 1973 
(29 U.S.C. 796d); 
"(C) the advisory panel established under section 
613(aX12) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1413(aX12)); 
"(D) the State Interagency Coordinating Council estab-
lished iinder section 682 of the Individuals with Disabilities 
Education Act (20 U.S.C. 1482); 
"(E) the State Planning Council described in section 
124 of the Developmental Disabilities Assistance and Bill 
of Rights Act (42 U.S.C. 6024); 
"(F) the State mental health planning council estab-
lished under section 1914 of the Public Health Service 
Act (42 U.S.C. 300X-3); and 
"(G) any council established under section 204, 
206(gX2XA), or 712(aX3)(H) of the Older Americans Act 
of 1965 (42 U.S.C. 3015, 3017(gX2XA), or 3058g(aX3XH)). 
"(24) 
COORDINATION WITH OTHER SYSTEMS CHANGE AND 
ADVOCACY 
ACTIVITIES.—^An assurance that there will be 
coordination between the activities funded through the grant 
and other related systems change and advocacy activities 
fimded by either Federal or State sources. 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 69 
"(25) OTHER INFORMATION AND ASSURANCES.—Such other 
information and assurances as the Secretary may reasonably 
require."; and 
(8) by adding at the end the following: 
"(f) PROTECTION AND ADVOCACY REQUIREMENTS.— 
"(1) REQUIREMENTS.—A State that, as of June 30, 1993, 
has provided for protection and advocacy services through an 
entity that— 
"(A) is capable of performing the functions that would 
otherwise be performed under subsection (eX20) by the 
system described in subsection (eX20); and 
"(B) is not a system described in such subsection, 
shall be considered to meet the requirements of such subsection. 
Such entity shall receive funding to provide such protection 
and advocacy services in accordance with paragraph (4), and 
shall comply with the same requirements of tlus title (other 
than the requirements of such subsection) as a system that 
receives funding iinder such subsection. 
"(2) 
PROTECTION 
AND 
ADVOCACY 
SERVICE 
PROVIDER 
REPORT.— 
"(A) PREPARATION.—A system that receives funds 
under subsection (eX20) to csirry out the protection and 
advocacy services described in subsection (eX20XA) in a 
State, or an entity described in paragraph (1) that carries 
out such services in the State, shall prepare reports that 
contain such information as the Secretary may require, 
including the following: 
"(i) A description of the activities carried out by 
the svstem or entity with such fimds. 
(ii) Documentation of significant progress, in 
providing protection and advocacy services, in each 
of the following areas: 
"(I) Conducting activities that are consumer-
responsive, including activities that will lead to 
increased access to funding for assistive technology 
devices and assistive technology services. 
"(II) Executing legal, administrative, and other 
appropriate means of representation to implement 
systems change and advocacy activities. 
"(Ill) Developing and implementing strategies 
desired to enhance the long-term abilities of 
individuals with disabilities and their family mem-
bers, guardians, advocates, and authorized rep-
resentatives to successfully advocate for assistive 
technology devices and assistive technology serv-
ices to which the individuals with disabilities are 
entitled under law other than this Act. 
"(IV) Coordinating activities with protection 
and advocacy services funded through sources 
other than this Act, and coordinating activities 
with the systems change and advocacy activities 
carried out by the State lead agency. 
"(B) SUBMISSION.—The system or entity shall submit 
the reports to the program described in subsection (a) in 
the State not less often than every 6 months. 
"(C) UPDATES.—^The system or entity shall provide 
monthly updates to the program described in subsection 
108 STAT. 70 
PUBLIC LAW 103-218—MAR. 9, 1994 
(a) concerning the activities and information described in 
subparagraph (A). 
"(3) CONSULTATION WITH STATE PROGRAMS.—Before making 
a grant or entering into a contract under subsection (eX20XB) 
to support the protection and advocacy services described in 
subsection (eX20)(A) in a State, the Secretary shall solicit and 
consider the opinions of the lead agency in the State with 
respect to the terms of the grant or contract. 
"(4) CALCULATION OF EXPENDITURES.— 
"(A) IN GENERAL.—For each fiscal year, for each State 
receiving a grant under this section or section 103, the 
Secretary shall specify a minimum amount that the State 
shall use to provide protection and advocacy services. 
"(B) INITIAL YEARS OF GRANT.—Except as provided in 
subparagraph (C) or (D)— 
"(i) the Secretary shall calculate such minimum 
amount for a State based on the size of the grant, 
the needs of individuals with disabilities within the 
State, the population of the State, and the geographic 
size of the State; and 
"(ii) such minimum amount shall be not less than 
$40,000 and not more than $100,000. 
"(C) FOURTH YEAR OF SECOND EXTENSION GRANT.—If 
a State receives a second extension grant under section 
103(aX2), the Secretary shall specify a minimum amount 
under subparagraph (A) for the fourth year (if any) of 
the grant period that shall equal 75 percent of the mini-
mum amount specified for the State vmder such subpara-
graph for the third year of the second extension grant 
of the State. 
"(D) FIFTH YEAR OF SECOND EXTENSION GRANT.—If a 
State receives a second extension grant under section 
103(aX2), the Secretary shall specify a minimum amount 
under subparagraph (A) for the fifth year (if any) of the 
grant period that shall equal 50 percent of the minimum 
amount specified for the State under such subparagraph 
for the third year of the second extension grant of the 
State. 
"(E) PROHIBITION.—After the fifth year (if any) of the 
grant period, no Federal funds may be made available 
under this title by the State to a system described in 
subsection (eX20) or an entity described in paragraph (1).". 
SEC. 103. EXTENSION GRANTS. 
Section 103 (29 U.S.C. 2213) is amended to read as follows: 
"SEC 103. EXTENSION GRANTS. 
"(a) EXTENSION GRANTS.— 
"(1) INITIAL EXTENSION GRANT.—The Secretary may award 
an initial extension grant, for a period of 2 years, to any 
State that meets the standards specified in subsection (b)(1). 
"(2) SECOND EXTENSION GRANT.—The Secretary may award 
a second extension grant, for a period of not more than 5 
years, to any State that meets the standards specified in sub-
section (b)(2). 
"(b) STANDARDS.— 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 71 
"(1) INITIAL EXTENSION GRANT.—In order for a State to 
receive an initial extension grant under this section, the des-
ignated lead agency of the State shall— 
"(A) provide the evidence described in section 102(dX3); 
and 
"(B) demonstrate that the State has made significant 
progress, and has carried out systems change and advocacy 
activities that have resulted in significant progress, toward 
the development and implementation of a consumer-respon-
sive comprehensive statewide program of technology-
related assistance, consistent with sections 2(b)(1), 101, 
and 102. 
"(2) SECOND EXTENSION GRANT.— 
"(A) RESPONSIBILITIES OF DESIGNATED LEAD AGENCY.— 
In order for a State to receive a second extension grant 
under this section, the designated lead agency shall— 
"(i) provide the evidence and make the demonstra-
tion described in paragraph (1); 
"(ii) describe the steps the State has taken or 
will take to continue on a permanent basis the 
consumer-responsive 
comprehensive 
statewide pro-
gram of technology-related assistance with the ability 
to maintain, at a minimum, the outeomes achieved 
by the systems change and advocacy activities; and 
"(iii) identify future funding options and commit-
ments for the program from the public and private 
sector and the key individuals, agencies, and organiza-
tions to be involved in, and to direct future efforts 
of, the program. 
"(B) DETERMINATION OF COMPLIANCE.—In making any 
award to a State for a second extension grant, the Secretary 
shall (except as provided in section 105(a)(2)(A)(iii)) make 
such award contingent on a determination, based on the 
onsite visit required under section 105(a)(2)(A)(ii), that the 
State is making significant progress toward development 
and implementation of a consumer-responsive comprehen-
sive statewide program of technology-related assistance. 
If the Secretary determines that the State is not making 
such progress, the Secretary may take an action described 
in section 105(b)(2), in accordance with the applicable 
procedures described in section 105. 
"(c) AMOUNTS OF GRANTS.— 
"(1) INITIAL EXTENSION GRANTS.— 
"(A) IN GENERAL.— 
"(i) STATES.—^From amounts appropriated under 
section 106 for any fiscal year, the Secretary shall 
pay an amount that is not less than $500,000 and 
not greater than $1,500,000 to each State (other than 
a State described in clause (ii)) that receives an initial 
extension grant under subsection (aXD. 
"(ii) TERRITORIES.—From amounts appropriated 
under section 106 for any fiscal year, the Secretary 
shall pay an amount that is not greater than $150,000 
to any of the following States that receives an initial 
extension grant under subsection (aXD: 
"(I) The United Stetes Virgin Islands. 
"(II) Guam. 
79-194 O—95—4 : QL 3 Part 1 
108 STAT. 72 
PUBLIC LAW 103-218—MAR. 9, 1994 
"(III) American Samoa. 
"(IV) The Commonwealth of the Northern 
"(V) The Republic of Palau (until the Compact 
of Free Association takes effect). 
"(B) CALCULATION OF AMOUNT.—The Secretary shall 
calculate the amount described in clause (i) or (ii) of 
subparagraph (A) with respect to a State on the basis 
of— 
"(i) amounts available for making grants pursuant 
to subsection (a)(1); 
"(ii) the population of the State; 
"(iii) the types of assistance to be provided in the 
State; and 
"(iv) the amount of resources committed by the 
State and available to the State from other sources. 
"(C) PRIORITY FOR PREVIOUSLY PARTICIPATING STATES.— 
Amounts appropriated in any fiscal year for purposes of 
carrying out subsection (a)(1) shall first be made available 
to States that received assistance under this section during 
the fiscal year preceding the fiscal year concerned. 
"(D) INCREASES.—In providing any increases in initial 
extension grants under siibsection (a)(1) above the amounts 
provided to States under this section for fiscal year 1993, 
the Secretary may give priority to— 
"(i) the States (other than the States described 
in subparagraph (A)(ii)) that have the largest popu-
lations, based on the most recent census data; and 
"(ii) the States (other than the States described 
in subparagraph (A)(ii)) that are sparsely populated, 
with a wide geographic spread, 
where such characteristics have impeded the development 
of a consumer-responsive, comprehensive statewide pro-
gram of technology-related assistance. 
"(2) SECOND EXTENSION GRANTS.— 
"(A) AMOUNTS AND PRIORITY.—The amounts of, 
and 
the priority of applicants for, the second extension grants 
awarded under subsection (a)(2) shall be determined by 
the Secretary, except that— 
"(i) the amount paid to a State for the fourth 
year (if any) of the grant period shall be 75 percent 
of the amount paid to the State for the third year 
of the grant period; 
"(ii) the amount paid to a State for the fifth year 
(if any) of the grant period shall be 50 percent of 
the amount paid to the State for the third year of 
the grant period; and 
"(iii) after the fifth year of the grant period, no 
Federal funds may be made available to the State 
under this title. 
"(B) INCREASES.—In providing any increases in second 
extension grants under subsection (aX2) above the amounts 
provided to States under this section for fiscal year 1993, 
the Secretary may give priority to States described in para-
graph (1)(D). 
"(d) APPLICATION.—^A State that desires to receive an extension 
grant under this section shall submit an application to the Secretary 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 73 
that contains the following information and assurances with respect 
to the consumer-responsive comprehensive statewide program of 
technology-related assistance in the State: 
"(1) INFORMATION AND ASSURANCES.—The information and 
assurances described in section 102(e), except the preliminary 
needs assessment described in section 102(e)(4). 
"(2) NEEDS; PROBLEMS; STRATEGIES; OUTREACH.— 
"(A) NEEDS.—^A description of needs relating to tech-
nology-related assistance of individuals with disabilities 
(including individuals from underrepresented populations 
or rural populations) and their family members, guardians, 
advocates, or authorized representatives, and other appro-
priate individuals within the State. 
"(B) PROBLEMS.—^A description of any problems or gaps 
that remain with the development and implementation of 
a consiuner-responsive comprehensive statewide program 
of technology-related assistance in the State. 
"(C) STRATEGIES.—^A description of the strategies that 
the State will pursue during the grant period to remedy 
the 
problems or gaps 
with the development and 
implementation of sucn a program. 
"(D) OUTREACH ACTIVITIES.^A description of outreach 
activities to be conducted by the State, including dissemina-
tion of information to eligible populations, with special 
attention to underrepresented populations and rural popu-
lations. 
"(3) ACTIVITIES AND PROGRESS UNDER PREVIOUS GRANT.— 
A description of— 
"(A) the specific systems change and advocacy activities 
described in section 
101(b) (including the activities 
described in section 1012(eX7)) carried out under the devel-
opment grant received by the State imder section 102, 
or, in the case of an application for a grant under subsection 
(a)(2), under an initial extension grant received by the 
State under this section, including— 
"(i) a description of systems change and advocacy 
activities that were undertaken to produce change on 
a permanent basis for individuals with disabilities of 
all ages; 
"(ii) a description of activities undertaken to 
improve the involvement of individuals with disabilities 
in the program, including training and technical assist-
ance efforts to improve individual access to assistive 
technology devices and assistive technology services 
as mandated under other laws and regulations as in 
effect on the date of the application, and including 
actions undertaken to improve the participation of 
underrepresented populations and rural populations, 
such as outreach efforts; and 
"(iii) an evaluation of the impact and results of 
the activities described in clauses (i) and (ii); 
"(B) the relationship of such systems change and 
advocacy activities to the development and implementation 
of a consumer-responsive comprehensive statewide program 
of technology-related assistance; and 
"(C) the progress made toward the development and 
implementation of such a program. 
108 STAT. 74 
PUBLIC LAW 103-218—MAR. 9, 1994 
"(4) PUBLIC INVOLVEMENT.— 
"(A) REPORT.—In the case of an application for a grant 
under subsection (a)(1), a report on the hearing described 
in subsection (e)(1) or, in the case of an application for 
a grant under subsection (a)(2), a report on the hearing 
described in subsection (e)(2). 
"(B) OTHER STATE ACTIONS.—A description of State 
actions, other than such a hearing, designed to determine 
the degree of satisfaction of individuals with disabilities, 
and their family members, guardians, advocates, or author-
ized representatives, public service providers and private 
service providers, educators and related services providers, 
technology experts (including engineers), employers, and 
other appropriate individuals and entities with— 
"(i) the degree of their ongoing involvement in 
the development and implementation of the consumer-
responsive comprehensive statewide program of tech-
nology-related assistance; 
"(ii) the specific systems change and advocacy 
activities described in section 101(b) (including the 
activities described in section 102(eX7)) carried out 
by the State under the development grant or the initial 
extension grant; 
"(iii) progress made toward the development and 
implementation of a consumer-responsive comprehen-
sive statewide program of technology-related assist-
ance; and 
"(iv) the ability of the lead agency to carry out 
the activities described in section 102(d)(3). 
"(5) COMMENTS.—^A summary of any comments received 
concerning the issues described in paragraph (4) and response 
of the State to such comments, solicited through a public hear-
ing referred to in paragraph (4) or through other means, from 
individuals affected by the consumer-responsive comprehensive 
statewide program of technology-related assistance, including— 
"(A) individuals with disabilities and their family mem-
bers, guardians, advocates, or authorized representatives; 
"(B) public service providers and private service provid-
ers; 
"(C) educators and related services personnel; 
"(D) technology experts (including engineers); 
"(E) employers; and 
"(F) other appropriate individuals and entities. 
"(6) COMPATIBILITY AND ACCESSIBILITY OF ELECTRONIC 
EQUIPMENT.—^An assurance that the State, or any recipient 
of funds made available to the State under section 102 of 
this section, will comply with guidelines established under sec-
tion 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). 
"(e) PUBLIC HEARING.— 
"(1) INITIAL EXTENSION GRANT.—TO be eligible to receive 
a grant under subsection (a)(1), a State shall hold a public 
hearing in the third year of a program carried out under 
a grant made under section 102, after providing appropriate 
and sufficient notice to allow interested groups and organiza-
tions and all segments of the public an opportunity to comment 
on the program. 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 75 
**(2) SECOND EXTENSION GRANT.—TO be eligible to receive 
a grant under subsection (aX2), a State shall hold a public 
hearing in the second year of a program carried out under 
a grant made under subsection (aXl), after providing the notice 
described in paragraph (1).". 
SEC. 104. PROGRESS CRITERIA AND REPORTS. 
Section 104 (29 U.S.C. 2214) is amended to read as follows: 
"SEC. 104. PROGRESS CRITERIA AND REPORTS. 
"(a) GUIDELINES.—^The Secretary shall develop guidelines to 
be used in assessing the extent to which a State that received 
a grant under section 102 or 103 is making significant progress 
in developing and implementing a consumer-responsive comprehen-
sive statewide program of technology-related assistance consistent 
with section 2(b)(1). 
"(b) REPORTS.—Each State that receives a grant under section 
102 or 103 to carry out such a program shall submit annually 
to the Secretary a report that documents significant progress in 
developing and implementing a consumer-responsive comprehensive 
statewide program of technology-related assistance, consistent with 
sections 2(b)(1), 101, and 102(e), and that documents the following: 
"(1) The progress the State has made, as determined in 
the State's annual assessment described in section 102(eX8) 
(consistent with the guidelines established by the Secretary 
under subsection (a)), in achieving the State's goals, objectives, 
and outcomes as identified in the State's application as 
described in section 102(eX6), and areas of need that require 
attention in the next year, including unanticipated problems 
with the achievement of the goals, objectives, and outcomes 
described in the application, and the activities the State has 
undertaken to rectify these problems. 
"(2) The systems change and advocacy activities carried 
out by the State including— 
"(A) an analysis of the laws, regulations, policies, prac-
tices, procedures, and organizational structures that the 
State has changed, has attempted to change, or will 
attempt to change during the next year, to facilitate and 
increase timely access to, provision of, or fiinding for, 
assistive technology devices and assistive technology serv-
ices; and 
"(B) a description of any written policies and proce-
dures that the State has developed and implemented 
regarding access to, provision of, and funding for, assistive 
technology 
devices and assistive 
technology 
services, 
particularly policies and procedures regarding access to, 
provision of, and funding for, such devices and services 
under education (including special education), vocational 
rehabilitation, and medical assistance programs. 
"(3) The degree of involvement of various Stete agencies, 
including the State insurance department, in the development, 
implementation, and evaluation of the program, including any 
interagency agreements that the State has developed and 
implemented regarding access to, provision of, and funding 
for, assistive technology devices and assistive tedmology serv-
ices such as agreements that identify available resources for 
assistive technology devices and assistive techiu>logy services 
108 STAT. 76 
PUBLIC LAW 103-218—MAR. 9, 1994 
and the responsibility of each agency for paying for such devices 
and services. 
"(4) The activities iindertaken to collect and disseminate 
information about the documents or activities analyzed or 
described in paragraphs (1) through (3), including outreach 
activities to underrepresented populations and rural popu-
lations and efforts to disseminate information by means of 
electronic communication. 
"(5) The involvement of individuals with disabilities who 
represent a variety of ages and types of disabilities in the 
planning, development, implementation, and assessment of the 
consumer-responsive comprehensive statewide program of tech-
nology-related assistance, including activities undertaken to 
improve such involvement, such as consumer training and out-
reach activities to underrepresented populations and rural 
populations. 
"(6) The degree of consumer satisfaction with the program, 
including satisfaction by underrepresented populations and 
rural populations. 
"(7) Efforts to train personnel as well as consumers. 
"(8) Efforts to reduce the service delivery time for receiving 
assistive technology devices and assistive technology services. 
"(9) Significant progress in the provision of protection and 
advocacy services, in each of the areas described in section 
102(f)(2)(AXii).''. 
SEC. 105. ADMINISTRATIVE PROVISIONS. 
(a) REVIEW OF PARTICIPATING STATES.—Section 105(a) (29 
U.S.C. 2215(a)) is amended— 
(1) in paragraph (1), by inserting before the period the 
following: ", consistent with the guidelines established under 
section 104(a)"; 
(2) by striking paragraph (2) and inserting the following: 
"(2) ONSITE VISITS.— 
"(A) VISITS.— 
"(i) DEVELOPMENT GRANT PROGRAM.—The Sec-
retary shall conduct an onsite visit during the final 
year of each State's participation in the development 
grant program. 
"(ii) EXTENSION GRANT PROGRAM.—Except as pro-
vided in clause (iii), the Secretary shall conduct an 
additional onsite visit to any State that applies for 
a second extension grant under section 103(a)(2) and 
whose initial onsite visit occurred prior to the date 
of the enactment of the Technology-Related Assistance 
for Individuals With Disabilities Act Amendments of 
1994. The Secretary shall conduct any such visit to 
the State not later than 12 months after the date 
on which the Secretary awards the second extension 
grant. 
"(iii) DETERMINATION.—The Secretary shall not be 
required to conduct a visit described in clause (ii) if 
the Secretary determines that the visit is not necessary 
to assess whether the State is making significant 
progress toward development and implementation of 
a consumer-responsive comprehensive statewide pro-
gram of technology-related assistance. 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 77 
"(B) TEAM.—Two-thirds of the onsite monitoring team 
in each case shall be qualified peer reviewers, who— 
"(i) shall not be lead agency personnel; 
"(ii) shall be from States other than the State 
being monitored; and 
"(iii) shall include an individual with a disability, 
or a family member, a guardian, an advocate, or an 
authorized representative of such an individual. 
"(C) COMPENSATION.— 
"(i) OFFICERS OR EMPLOYEES.—Members of 
any 
onsite monitoring team who are officers or full-time 
employees of the United States shall serve without 
compensation in addition to that received for their 
services as officers or employees of the United States, 
but may be allowed travel expenses, including per diem 
in lieu of subsistence, as authorized by section 5702 
of title 5, United States Code, for individuals in the 
Government service traveling on official business. 
"(ii) OTHER MEMBERS.—^Members of any onsite 
monitoring team who are not officers or full-time 
employees of the United States shall receive compensa-
tion at a rate not to exceed the daily equivalent of 
the rate of pay for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code, for 
each day (including traveltime) during which such 
members are engaged in the actual performance of 
their duties as members of an onsite monitoring team. 
In addition, such members may be allowed travel 
expenses, including per diem in lieu of subsistence, 
as authorized by section 5703 of title 5, United States 
Code, for individuals in the Government 
service 
employed intermittently. 
"(D) REPORT.—^The Secretary shall prepare a report 
of findings from the onsite visit. The Secretary shall con-
sider the findings in determining whether to continue fund-
ing the program either with or without changes. The report 
shall be available to the public"; 
(3) by redesignating paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; 
(4) by inserting after paragraph (2) the following: 
"(3) ADVANCE PUBLIC NOTICE.—The Secretary shall provide 
advance public notice of the onsite visit and solicit public com-
ment through such notice from individuals with disabilities 
and their family members, guardians, advocates, and author-
ized representatives, public service providers and private 
service providers, educators and related services personnel, 
technology experts (including engineers), employers, and other 
appropriate individuals and entities, regarding the State pro-
gram funded through a grant made under section 102 or 103. 
The public comment solicitation notice shall be included in 
the onsite visit report described in paragraph (2)."; and 
(5) in paragraph (4) (as redesignated in paragraph (3)) 
by striking "statewide program" and inserting "consumer-
responsive comprehensive statewide program". 
(b) CORRECTIVE ACTION PLAN.—Section 105(b) (29 U.S.C. 
2215(b)) is amended— 
(1) in paragraph (2)— 
108 STAT. 78 
PUBLIC LAW 103-218—MAR. 9, 1994 
(A) in the heading, by striking "PENALTIES" and insert-
ing "CORRECTIVE ACTIONS"; 
(B) in the matter preceding subparagraph (A), by strik-
ing "penalties" and inserting "corrective actions"; 
(C) by striking "or" at the end of subparagraph (B); 
(D) by striking the period at the end of subparagraph 
(C) and inserting "; or"; and 
(E) by adding at the end the following: 
"(D) required redesignation of the lead agency, in 
accordance with subsection (c)."; and 
(2) in paragraph (3), by striking "subsection (a)(4)" and 
inserting "subsection (aX5)". 
(c) REDESIGNATION.—Section 105 (29 U.S.C. 2215) is amended— 
(1) by striking subsection (c); and 
(2) by adding at the end the following: 
"(c) REDESIGNATION OF LEAD AGENCY.— 
"(1) MONITORING PANEL.— 
"(A) APPOINTMENT.—Once a State becomes subject to 
a corrective action plan pursuant to subsection (b), the 
Governor of the State, subject to approval by the Secretary, 
shall appoint, within 30 days after the submission of the 
plan to the Secretary, a monitoring panel consisting of 
the following representatives: 
"(i) The head of the lead agency designated by 
the Governor. 
"(ii) 2 representatives from different public or pri-
vate 
nonprofit 
organizations 
that 
represent 
the 
interests of individuals with disabilities. 
"(iii) 2 consumers who are users of assistive tech-
nology devices and assistive technology services and 
who are not— 
"(I) members of the advisory council, if any, 
of the consumer-responsive comprehensive state-
wide program of technology-related assistance; or 
"(II) employees of the State lead agency, 
"(iv) 2 service providers with knowledge and exper-
tise in assistive technology devices and assistive tech-
nology services. 
"(B) MEMBERSHIP AND CHAIRPERSON.—The monitoring 
panel shall be ethnically diverse. The panel shall select 
a chairperson from among the members of the panel. 
"(C) INFORMATION.—^The panel shall receive periodic 
reports from the State regarding progress in implementing 
the corrective action plan and shall have the authority 
to request additional information necessary to determine 
compliance. 
"(D) MEETINGS.—^The meetings of the panel to deter-
mine compliance shall be open to the public (subject to 
confidentiality concerns) and held at locations that are 
accessible to individuals with disabilities. 
"(E) PERIOD.—^The panel shall carry out the duties 
of the panel for the entire period of the corrective action 
plan, as determined by the Secretary. 
"(F) FUNDING.—The panel shall be funded by a portion 
of the funds received by the State under this title, as 
directed by the Secretary. 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 79 
"(2) FAILURE TO APPOINT MONITORING PAJEL.—A failure 
by a Governor of a State to comply with the requirements 
of paragraph (1) shall result in the termination of funding 
for the State under this title. 
"(3) DETERMINATION.— 
"(A) PANEL.—Based on its findings, a monitoring panel 
may determine that a lead agency designated by a Governor 
has not accomplished the purposes described in section 
2(b)(1) and that there is good cause for redesignation of 
the agency and the temporary loss of fimds by the State 
under this title. 
"(B) GOOD CAUSE.—In this paragraph, the term 'good 
cause'includes— 
"(i) lack of progress with employment of qualified 
staff; 
"(ii) lack of consumer-responsive activities; 
"(iii) lack of resource allocation to systems change 
and advocacy activities; 
"(iv) lack of progress with meeting the assurances 
in section 102(e); or 
"(v) inadequate fiscal management. 
"(C) RECOMMENDATION AND ACTION.—If a monitoring 
panel makes such a determination, the panel shall rec-
ommend to the Secretary that further remedial action be 
taken or that the Secretary order the Governor to redesig-
nate the lead agency within 90 days or lose funds under 
this title. The Secretary, based on the findings and rec-
ommendations of the monitoring panel, and after providing 
to the public notice and an opportunity for comment, shall 
make a final determination regarding whether to order 
the Governor to redesignate the lead agency. The Governor 
shall make any such redesignation in accordance with the 
requirements that apply to designations under section 
102(d). 
"(d) CHANGE OF PROTECTION AND ADVOCACY SERVICES PRO-
VIDER.— 
"(1) DETERMINATION.—The Governor of a Stete, based on 
input from individuals with disabilities and their family mem-
bers, guardians, advocates, or authorized representetives, may 
determine that the entity providing protection and advocacy 
services required by section 102(e)(20) (referred to in this sub-
section as the 'first entity") has not met the protection and 
advocacy service needs of the individuals with disabilities and 
their family members, guardians, advocates, or authorized rep-
resentatives, for securing funding for and access to assistive 
technology devices and assistive technology services, and that 
there is good cause to provide the protection and advocacy 
services for the State through a contract with a second entity. 
"(2) NOTICE AND OPPORTUNITY TO BE HEARD.—On making 
such a determination, the Governor may not enter into a con-
tract with a second entity to provide the protection and 
advocacy services unless good cause exists and unless— 
"(A) the Governor has given the first entity 30 days 
notice of the intention to enter into such contract, including 
specification of the good cause, and an opportunity to 
respond to the assertion that good cause has been shovoi; 
108 STAT. 80 
PUBLIC LAW 103-218—MAR. 9, 1994 
"(B) individuals with disabilities and their family mem-
bers, guardians, advocates, or authorized representatives, 
have timely notice of the determination and opportunity 
for public comment; and 
"(C) the first entity has the opportunity to appeal the 
determination to the Secretary within 30 days of the deter-
mination on the basis that there is not good cause to 
enter into the contract. 
"(3) REDESIGNATION.— 
**(A) IN GENERAL.—When the Governor of a State deter-
mines that there is good cause to enter into a contract 
with a second entity to provide the protection and advocacy 
services, the Governor shall hold an open competition 
within the State and issue a request for proposals by enti-
ties desiring to provide the services. 
"(B) TIMING.—^The Crovemor shall not issue such 
request until the first entity has been given notice and 
an opportunity to respond. If the first entity appeals the 
determination to the Secretary in accordance with para-
graph (2XC), the Governor shall issue such request only 
if the Secretary decides not to overturn the determination 
of the Governor. The Grovemor shall issue such request 
within 30 days after the end of the period during which 
the first entity has the opportunity to respond, or afi^r 
the decision of the Secretary, as appropriate. 
"(C) PROCEDURE.—Such competition shall be open to 
entities with the same expertise and ability to provide 
legal services as a system referred to in section 102(eX20). 
The competition shall ensure public involvement, includ-
ing a public hearing and adequate opportunity for public 
comment. 
"(e) ANNUAL REPORT.— 
"(1) IN GENERAL.—Not later than December 31 of each 
year, the Secretary shall prepare, and submit to the President 
and to the Congress, a report on Federal initiatives, including 
the initiatives funded imder this Act, to improve the access 
of individuals with disabilities to assistive technology devices 
and assistive technology services. 
"(2) CONTENTS.—Such report shall include information on— 
"(A) the demonstrated successes of such Federal initia-
tives at the Federal and State levels in improving inter-
agency coordination, streamlining access to funding for 
assistive technology, and producing beneficial outcomes for 
users of assistive technology; 
"(B) the demonstration activities carried out through 
the Federal initiatives 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 Federal initiatives to promote such access in 
public programs and the health care system and the efforts 
carried out through such activities to train professionals 
in a variety of relevant disciplines, and increase the com-
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 81 
petencies of the professionals with respect to technology-
related assistance; 
"(D) the education and training activities carried out 
through the Federal initiatives to train individuals with 
disabilities and their family members, guardians, advo-
cates, or authorized representatives, individuals who work 
for public agencies, or for private entities (including insur-
ers), that have contact with individuals with disabilities, 
educators and related services personnel, technology 
experts (including engineers), employers, and other appro-
priate individuals, about technology-related assistance; . 
**(E) the education and training activities carried out 
through Federal initiatives to promote awareness of avail-
able funding in public programs; 
"(F) the research activities carried out through the 
Federal initiatives 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; 
"(G) the program outreach activities to rural and inner-
city areas that are carried out through the Federal initia-
tives; 
"(H) the activities carried out through the Federal ini-
tiatives that are targeted to reach underrepresented popu-
lations and rural populations; and 
"(I) the consimier involvement activities in the pro-
grams carried out imder this Act. 
"(3) AVAILABILITY OF ASSISTIVE TECHNOLOGY DEVICES AND 
ASSISTIVE T
E
C
H
N
O
L
O
G
Y 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. When a 
national classification system for assistive technology devices 
and assistive tedinology services is developed pursuant to sec-
tion 201, the Secretary shall report such information in a 
manner consistent with such national classification system. 
"(0 INTERAGENCY DISABILITY COORDINATING COUNCIL.— 
"(1) CONTENTS.—On or before October 1, 1995, the Inter-
agency Disability Coordinating Council established under sec-
tion 507 of the Rehabilitation Act of 1973 (29 U.S.C. 794c) 
shall prepare and submit to the President and to the Congress 
a report containing— 
"(A) the response of the Interagency Disability Coordi-
nating Coimcil to— 
"(i) the findings of the National Council on Disabil-
ity resulting from the study entitled 'Study on the 
Financing of Assistive Technology Devices and Services 
for Individuals with Disabilities', carried out in accord-
ance with section 201 of this Act, as in effect on the 
day before the date of the enactment of this subsection; 
and 
"(ii) the recommendations of the National Coiincil 
on Disability for legislative and administrative change, 
resulting from such study; and 
"(B) information on any other activities of the Inter-
agency Disability Coordinating Council that facilitate the 
Reports. 
108 STAT. 82 
PUBLIC LAW 103-218—MAR. 9, 1994 
accomplishment of section 2(bXl) with respect to the Fed-
eral Government. 
"(2) COMMENTS.—^The report shall include any comments 
submitted by the National Council on Disability as to the 
appropriateness of the response described in paragraph (1)(A) 
and the effectiveness of the activities described in para^aph 
(IXB) in meeting the needs of individuals with disabilities 
for assistive technology devices and assistive technology 
services. 
"(g) EFFECT ON OTHER ASSISTANCE.—^This title may not be 
construed as authorizing a Federal or a State agencv to reduce 
medical or other assistance available or to alter eligibility under 
any other Federal law.". 
SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 
Section 106 (29 U.S.C. 2216) is amended to read as follows: 
"SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 
"(a) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated to carry out this title $50,000,000 for fiscal 
year 1994, and such svims as may be necessary for each of the 
fiscal years 1995 through 1998. 
"(b) RESERVATIONS.— 
"(1) PROVISION OF INFORMATION AND TECHNICAL ASSIST-
ANCE.— 
"(A) IN GENERAL.—Of the funds appropriated for any 
fiscal year imder subsection (a), the Secretary shall reserve 
at least 2 percent or $1,500,000, whichever is greater, 
of such funds, for the purpose of providing information 
and technical assistance as described in subparagraphs 
(B) and (C) to States, individuals with disabilities and 
their family members, guardians, advocates, or authorized 
representatives, 
community-based 
organizations, 
and 
protection and advocacy agencies. 
"(B) TECHNICAL ASSISTANCE TO STATES.—In providing 
such information and technical assistance to States, the 
Secretary shall consider the input of the directors of 
consumer-responsive comprehensive statewide programs of 
technology-related assistance, shall provide a clearinghouse 
for activities that have been developed and implemented 
through programs funded imder this title, and shall provide 
information and technical assistance that— 
"(i) facilitate service delivery capacity building, 
training of personnel from a variety of disciplines, and 
improvement of evaluation strategies, research, and 
data collection; 
"(ii) foster the development and replication of effec-
tive approaches to information referral, interagencv 
coordination of training and service delivery, outreach 
to underrepresented populations and rural populations, 
and public awareness activities; 
"(iii) improve the awareness and adoption of 
successful approaches to increasing the availability of 
public and private funding for and access to the provi-
sion of assistive technology devices and assistive tech-
nology services by appropriate State agencies; 
"(iv) assist in planning, developing, implementing, 
and evaluating appropriate activities to further extend 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 83 
consumer-responsive comprehensive statewide pro-
grams of technology-related assistance; 
"(v) promote effective approaches to the develop-
ment of consumer-controlled systems that increase 
access to, funding for, and awareness of, assistive tech-
nology devices and assistive technology services; 
"(vi) provide technical assistance and training to 
the entities carrsring out activities funded pursuant 
to this title, to establish or participate in electronic 
communication activities with other States; and 
"(vii) provide any other appropriate information 
and technical assistance to assist the States in accom-
plishing the purposes of this Act. 
'(C) 
INFORMATION AND TECHNICAL ASSISTANCE TO 
INDIVIDUALS W
I
T
H DISABILITIES AND O
T
H
E
R PERSONS.—The 
Secretaiy shall provide information and technical assist-
ance to individuals with disabilities and their family mem-
bers, guardians, advocates, or authorized representatives, 
community-based 
organizations, 
and 
protection 
and 
advocacy agencies, on a nationwide basis, to— 
"(i) disseminate information about, and foster 
awareness and understanding of, Federal, State, and 
local laws, regulations, policies, practices, procedures, 
and organizational structures, that facilitate, and over-
come barriers to, funding for, and access to, assistive 
technology devices and assistive technology services, 
to promote fuller independence, productivity, and inclu-
sion for individuals with disabilities of all ages; 
"(ii) identify, collect, and disseminate information, 
and provide technical assistance, on effective systems 
change and advocacy activities; 
'Xiii) improve the understanding and use of 
assistive technology l^mding decisions made as a result 
of policies, practices, and procediu'es, or through regu-
lations, administrative hearings, or legal actions, that 
enhance access to fimding for assistive technology 
devices and assistive technology services for individuals 
with disabilities; 
**(iv) promote effective approaches to Federal-State 
coordination of programs for individuals with disabil-
ities, through information dissemination and tedmical 
assistance activities in response to funding policy 
issues identified on a nation¥dde basis by organiza-
tions, and individuals, that improve funding for or 
access to assistive technology devices and assistive 
technology services for individuals with disabilities of 
all ages; and 
(v) promote effective approaches to the develop-
ment of consumer-controlled systems that increase 
access to, funding for, and awareness of, assistive tech-
nology devices and assistive technology services, 
including the identification and description of mecha-
nisms and means that successfully support self-help 
and peer mentoring groups for individuals with disabil-
ities. 
"(D) CoORDmATiON.—The Secretary shall cowdinate 
the inforaeialicHi and tedmical assistam^ activities carried 
108 STAT. 84 
PUBLIC LAW 103-218—MAR. 9, 1994 
out under subparagraph (B) or (C) with other activities 
funded under this Act. 
"(E) 
GRANTS, CONTRACTS, OR COOPERATIVE AGREE-
MENTS.— 
**(i) IN GENERAL.—The Secretary shall provide the 
technical assistance and information described in sub-
paragraphs (B) and (C) through grants, contracts, or 
cooperative agreements with public or private agencies 
and organizations, including institutions of higher edu-
cation, with docimiented experience, expertise, and 
capacity to carry out identified activities related to 
the provision of such technical assistance and informa-
tion. 
**(ii) ENTITIES 
WITH 
EXPERTISE 
IN ASSISTIVE 
TECHNOLOGY 
SERVICE 
DELIVERY, 
INTERAGENCY 
COORDINATION, AND SYSTEMS CHANGE AND ADVOCACY 
AcnvrriES.—^For the purpose of achieving the objec-
tives described in paragraph (IXB), the Secretary shall 
reserve not less than 45 percent and not more than 
55 percent of the funds reserved imder subparagraph 
(A) for each fiscal year for grants to, or contracts 
or cooperative agreements with, public or private agen-
cies or organizations with documented experience with 
and expertise in assistive technology service delivery, 
interagency coordination, and systems change and 
advocacy activities. 
"(iii) ENTITIES WITH EXPERTISE IN ASSISTIVE TECH-
NOLOGY SYSTEMS CHANGE AND ADVOCACY ACTIVITIES, 
PUBUC FUNDING OPTIONS, AND OTHER SERVICES.—For 
the purpose of achieving the objectives described in 
paragraph (IXC), the Secretary shall reserve not less 
than 45 percent and not more than 55 percent of 
the funds reserved under subparagraph (A) for each 
fiscal year for grants to, or contracts or cooperative 
agreements with, public or private agencies or 
organizations with documented experience with and 
expertise in— 
"(I) assistive technology systems change and 
advocacy activities; 
"(11) public funding options; and 
"(III) services to increase nationwide the avail-
ability of funding for assistive technology devices 
and assistive technology services, 
"(iv) APPLICATION.—^The Secretary shall make any 
grants, and enter into any contracts or cooperative 
agreements, under this subsection on a competitive 
basis. To be eligible to receive funds under this sub-
section an agency, organization, or institution shall 
submit an application to the Secretary at such time, 
in such manner, and containing such information, as 
the Secretary may require. 
"(2) ONSITE VISITS.—^The Secretary may reserve, from 
amounts appropriated for any fiscal year under subsection (a), 
such sums as the Secret£iry considers to be necessary for the 
purposes of conducting onsite visits as required by section 
105(aX2).". 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 85 
SEC. 107. REPEALS. 
Section 107 (20 U.S.C. 2217) is repealed. 
29 USC 2217. 
TITLE II—PROGRAMS OF NATIONAL 
SIGNIFICANCE 
SEC. 201. NATIONAL CLASSIFICATION SYSTEM. 
Title II (29 U.S.C. 2231 et seq.) is amended by repealing part 
A and inserting the following: 
"Subtitle A—^National Classification 
System 
*«EC. 201. CLASSIFICATION SYSTEM. 
29 USC 2231. 
"(a) SYSTEM DEVELOPMENT PROJECT.— 
"(1) IN GENERAL.—In fiscal year 1995, the Secretary shall 
initiate a system development project, based on a plan devel-
oped in consultation and coordination with other appropriate 
Federal and State agencies, to develop a national classification 
system for assistive technology devices and assistive technology 
services, with the goal of obtaining uniform data through such 
a system on such devices and services across public programs 
and information and referral networks. 
"(2) PROJECT PLAN.— 
"(A) REPRESENTATIVES.—^In developing a plan for the 
system development project, the Secretary snail consult 
with, and coordinate activities with— 
''(i) representatives of Federal agencies, including 
agencies that are headed by members of the Inter-
agency Disability Coordinating Council established 
under section 507 of the Rehabilitation Act of 1973 
(29 U.S.C. 794c); and 
"(ii) as determined by the Secretary, representa-
tives of State agencies and other appropriate organiza-
tions that have responsibility for or are involved in 
the development and modification of assistive tech-
nology devices, the provision of assistive technology 
devices and assistive technology services, or the 
dissemination of information about assistive technology 
devices and assistive technology services, including 
recipients of ^ants or contracts for the provision of 
technical assistance to State assistive technology 
projects imder section 106(b), assistive technology 
reimbursement specialists, representatives of the State 
assistive technologv projects, and representatives of 
organizations involved in information and referral 
activities. 
"(B) ISSUES.—^The Secretary shall conduct such con-
sultation, and such coordination of activities, with respect 
to the folloMdng: 
**(i) The costs and benefits, on an agency-by-agency 
basis, of obtaining uniform data through a national 
classification system for assistive technology devices 
108 STAT. 86 
PUBLIC LAW 103-218—MAR. 9, 1994 
and assistive technology services across public pro-
grams and information and referral networks. 
"(ii) The types of data that should be collected, 
including data regarding funding, across a range of 
programs, including the programs listed in subsection 
(cX2), as appropriate. 
"(iii) A methodology for developing a single taxon-
omy and nomenclature for both assistive technology 
devices and assistive technology services across a range 
of programs, including the programs listed in sub-
section (cX2), as appropriate. 
"(iv) The process for developing an appropriate 
data collection instrument or instruments. 
"(v) A methodology for collecting data across a 
range of programs, including the programs listed in 
subsection (c)(2), as appropriate. 
"(vi) The use of a national classification system 
by the Internal Revenue Service and State finance 
agencies to determine whether devices and services 
are assistive technology devices or assistive technology 
services for the purpose of determining whether a 
deduction or credit is allowable under the Internal 
Revenue Code of 1986 or State tax law. 
"(3) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Sec-
retary may carry out this section directly, or, if necessary, 
by entering into contracts or cooperative agreements with 
appropriate entities. 
"(D) SINGLE TAXONOMY.—^In conducting the system development 
project, the Secretary shall develop a national classification system 
that includes a single taxonomy and nomenclature for assistive 
technolo^ devices and assistive technology services. 
"(c) DATA COLLECTION INSTRUMENT.—In conducting the system 
development project, the Secretary shall develop a data collection 
instrument to—-
"(1) collect data regarding funding for assistive technology 
devices and assistive technology services; and 
"(2) collect such data from public programs, including, at 
a minimum— 
"(A) programs carried out under title I, VI, or VII 
of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq., 
795 et seq., or 796 et seq.); 
"(B) programs carried out under part B or H of the 
Individuals with Disabilities Education Act (20 U.S.C. 1411 
et seq. or 1471 et seq.); 
"(C) programs carried out under title V or XIX of 
the Social Security Act (42 U.S.C. 701 et seq. or 1396 
et seq.); 
"(D) programs carried out under the Older Americans 
Act of 1965 (42 U.S.C. 3001 et seq.); and 
"(E) programs carried out under the Developmental 
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
6000 et seq.). 
"(d) CONSULTATION.—The Secretary shall conduct the system 
development project in consultation with the Federal agencies that 
were consulted in developing the project plan. 
"(e) 
REPORT TO THE PRESIDENT AND THE CONGRESS ON 
IMPLEMENTATION OF UNIFORM DATA COLLECTION SYSTEM.—Not 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 87 
later than July 1, 1997, the Secretary shall prepare and submit 
to the President and the appropriate committees of Congress a 
report containing— 
"(1) the results of the system development project; and 
''(2) the recommendations of the Secretary concerning 
implementation of a national classification system, including 
uniform data collection. 
*
*
(
f
) RESERVATION.—^From the amounts appropriated under sub-
title C for fiscal year 1995, the Secretary shedl reserve up to 
$200,000 to carry out this subtitle.". 
SEC. 202. TRAINING AND DEMONSTRATION PROJECTS. 
Title II (29 U.S.C. 2231 et seq.) is amended by repealing parts 29 use 2241 
B, C, and D and inserting the following: 
^* *^^ 
^Subtitle B—^Training and Demonstration 
Projects 
"SEC. 211. TRAINING. 
Grants. 
"(a) TECHNOLOGY TRAINING.— 
29 USC??241 
"(1) GENERAL AUTHORITY.—The Secretary shall make 
grants to, or enter into contracts or cooperative agreements 
with, appropriate public or private agencies and organizations, 
including institutions of higher education and community-based 
organizations, for the purposes o
f
— 
"(A) conducting training sessions; 
"(B) developing, demonstrating, disseminating, and 
evaluating curricula, materials, and methods used to train 
individuals regarding the provision of technology-related 
assistance, to enhance opportunities for independence, 
productivity, and inclusion of individuals with disabilities; 
and 
"(C) providing training to develop awareness, skills, 
and competencies of service providers, consumers, and vol-
unteers, who are located in rural areas, to increase the 
availability of technology-related assistance in community-
based settings for rursuresidents who are individuals with 
disabilities. 
"(2) ELIGIBLE ACTIVITIES.—Activities conducted imder 
grants, contracts, or cooperative agreements described in para-
t
raph (1) may address the training needs of individuals with 
isabilities and their family members, guardians, advocates, 
and authorized representetives, individuals who work for public 
agencies, or for private entities (including insurers), that have 
contact with individuals with disabilities, educators and related 
services personnel, technology experts (including engineers), 
employers, and other appropriate individuals. 
"(3) USES OF FUNDS.—^An agency or organization that 
receives a grant or enters into a contract or cooperative agree-
ment under paragraph (1) may vise amounts made available 
through the grant, contract, or agreement t o ^ 
"(A) pay for a portion of the cost of courses of training 
or study related to technology-related assistance; and 
"(B) establish and maintain scholarships related to 
such courses of training or study, with such stipends and 
108 STAT. 88 
PUBLIC LAW 103-218—MAR. 9, 1994 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
allowances as the Secretary may determine to be appro-
priate. 
*'(4) APPUCATION.— 
"(A) IN GENERAL.—^To be eligible to receive a grant 
or enter into a contract or cooperative agreement under 
paragraph (1), an agency or organization shall submit an 
application to the S^:Tetary at such time, in such manner, 
and containing such information as the Secretary may 
require. 
"(B) STRATEGIES.—At a minimum, any such application 
shall include a detailed description of the strategies that 
the agency or organization will use to recruit and train 
persons to provide technology-related assistance, in order 
to— 
"(i) increase the extent to which such persons 
reflect the diverse populations of the United States; 
and 
"(ii) increase the number of individuals with 
disabilities, and individuals who are members of minor-
ity groups, who are available to provide such assist-
ance. 
*
*
(
5
) PRIORITIES.— 
"(A) IN GENERAL.—^Beginning in fiscal year 1994, the 
Secretary shall— 
"(i) establish priorities for activities carried out 
with assistance under this subsection; 
"(ii) publish such priorities in the Federal Register 
for the purpose of receiving public comment; and 
"(iii) publish such priorities in the Federal Register 
in final form not later than the date on which the 
Secretary publishes announcements for assistance pro-
vided under this subsection. 
"(B) EXPLANATION OF DETERMINATION OF PRIORITIES.— 
Concurrent with the publications required by subparagraph 
(A), the Secretary shall publish in the Federal Register 
an explanation of the manner in which the priorities were 
determined. 
"(b) TECHNOLOGY CAREERS.— 
"(1) IN GENERAL.— 
"(A) GRANTS.—^The Secretary shall make grants to 
assist public or private agencies and organizations, includ-
ing institutions of higher education, to prepare students 
and faculty working in specific fields for careers relating 
to the provision of assistive technology devices and assistive 
technolo^ services. 
"(B) FIELDS.—^The specific fields described in subpara-
graph (A) may include— 
"(i) engineering; 
"(ii) industrial technology; 
"(iii) computer science; 
"(iv) communication disorders; 
"(v) special education and related services; 
"(vi) rehabilitation; and 
"(vii) social work. 
"(2) PRIORITY.—^In awarding grants under paragraph (1), 
the Secretary shall give priority to the interdisciplinary 
preparation of personnel who provide or who will provide tech-
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 89 
nical assistance, who administer programs, or who prepare 
other personnel, in order to— 
"(A) support the development and implementation of 
consumer-responsive comprenensive statewide programs of 
technology-related assistance to individuals with disabil-
ities; ana 
"(B) enhance the skills and competencies of individuals 
involved in the provision of teclnology-related assistance, 
including assistive technology devices and assistive tech-
nology services, to individuals with disabilities. 
"(3) USES OF FUNDS.—An agency or organization that 
receives a grant under paragraph (1) may use amounts made 
available through the grant to— 
"(A) pay for a portion of the cost of courses of training 
or study related to technology-related assistance; and 
"(B) establish and maintain scholarships related to 
such courses of training or study, with such stipends and 
allowances as the Secretary may determine to be appro-
priate. 
\4) APPLICATION.— 
"(A) IN GENERAL.—^To be eligible to receive a grant 
under this section, an agency or organization shall submit 
an application to the Secretary at such time, in such man-
ner, and containing such information as the Secretary may 
require. 
"(B) STRATEGIES.—^At a minimum, any such application 
shall include a detailed description of the strategies that 
the agency or organization will use to recruit and train 
persons to provide technology-related assistance, in order 
to— 
**(i) increase the extent to which such persons 
reflect the diverse populations of the United States; 
and 
"(ii) increase the number of individuals with 
disabilities, and individuals who are members of minor-
ity groups, who are available to provide such assist-
ance. 
"(c) GRANTS TO HISTORICALLY BLACK COLLEGES.—In exercising 
the authority granted in subsections (a) and (b), the Secretanr 
shall reserve an adequate amount for grants to historically black 
colleges and universities and other institutions of higher education 
whose minority student enrollment is at least 50 percent. 
"SEC. 212. TECHNOLOGY TRANSFER. 
"The Secretary shall enter into an agreement with an organiza-
tion whose primary fimction is to promote technology transfer from, 
and cooperation among. Federal laboratories (as defined in section 
4(6) of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C, 3703(6))), under which funds shall be provided to promote 
technology transfer that will spur the development of assistive 
technology devices. 
"SEC. 213. DEVICE AND EQUIPMENT REDISTRffiUTION INFORMATION 
SYSTEMS AND RECYCLING CENTERS. 
"(a) IN GENERAL.—^The Secretary shall make grants to, or enter 
into contracts or cooperative agreements with, piiblic agencies, pri-
vate entities, or institutions of higher education for the purpose 
of developing and establishing recycling projects. 
Contracts. 
29 use 2242. 
Grants. 
Contracts. 
29 use 2243. 
108 STAT. 90 
PUBLIC LAW 103-218—MAR. 9, 1994 
"(b) 
PROJECT 
ACTIVITIES.—Such 
recycling 
projects 
may 
include— 
"(1) a system for accepting, on an unconditional gift basis, 
assistive technology devices, including a process for valuing 
the devices and evaluating their use and potential; 
"(2) a system for storing and caring for such devices; 
"(3) an information system (including computer databases) 
by which local educational agencies, rehabilitation entities, local 
community-based organizations, independent living centers, 
and other entities, would be informed, on a periodic and timely 
basis, about the availability and nature of the devices currently 
held; and 
"(4) a system that makes such devices available to consum-
ers and the entities Usted in paragraph (3), and provides for 
tracking each device throughout the useful life of the device. 
"(c) MULTIPLE PROVIDERS.— 
"(1) IN GENERAL.—^With respect to activities funded under 
this section, an agency, entity, or institution may utilize a 
single service provider or may establish a system of service 
providers. 
"(2) ASSURANCES.—If an agency, entity, or institution uses 
multiple providers, the agency, entity, or institution shall 
assure that— 
"(A) all consumers within a State will receive equal 
access to services, regardless of the geographic location 
or socioeconomic status of the consumers; and 
"(B) all activities of the providers will be coordinated 
and monitored by the agency, entity, or institution. 
"(d) OTHER LAWS.—Nothing in this section shall afiTect the 
provision of services or devices pursuant to title I of the Rehabilita-
tion Act of 1973 (29 U.S.C. 720 et seq.) or part B of the Individuals 
with DisabiUties Education Act (20 U.S.C. 1411 et seq.). 
"(e) EXISTING PROGRAMS.—Public agencies, private entities, or 
institutions of higher education that have established recycling 
programs prior to receiving assistance under this section may use 
funds made available under this section to extend and strengthen 
such programs through grants, contracts, or agreements under this 
section. 
29 use 2244. 
"SEC. 214. BUSINESS 
OPPORTUNITIES 
FOR INDIVIDUALS 
WITH 
DISABILITIES. 
"The Secretary may make grants to individuals with disabilities 
to enable Uie individuals to establish or operate commercial or 
other enterprises that develop or market assistive technology 
devices or assistive technology services. 
29 use 2245. 
"SEC. 216. PRODUCTS OF UMVERSAL DESIGN. 
"The Secretary may make grants to commercial or other enter-
prises and institutions of higher education for the research and 
development of products of universal design. In awarding such 
grants, the Secretary shall give preference to enterprises that are 
owned or operated by individuals with disabilities. 
29 use 2246. 
«SEC. 21i. GOVERNING STANDARDS FOR ACTIVITIES. 
"Persons and entities that carry out activities pursuant to this 
subtitle shall— 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 91 
"(1) be held to the same consumer-responsive standards 
as the persons and entities carrying out programs under title 
•*•» 
"(2) make available to individuals with disabilities and 
their family members, guardians, advocates, and authorized 
representatives 
information 
concerning 
technology-related 
assistance in a form that will allow such individuals with 
disabilities to effectively use such information; 
"(3) in preparing such information for dissemination, con-
sider the media-related needs of individuals with disabilities 
who have sensory and cognitive limitations and consider the 
use of auditory materials, including audio cassettes, visual 
materials, including video cassettes and video discs, and braille 
materials; and 
"(4) coordinate their efforts with the consumer-responsive 
comprehensive statewide program of technology-related assist-
ance for individuals with disabilities in any State in which 
the activities are carried out. 
"Subtitle C—^Authorization of 
Appropriations 
"SEC. 221. AUTHORIZATION OF APPROPRIATIONS. 
29 USC 2251. 
'There are authorized to be appropriated to carry out this 
title $10,000,000 for fiscal year 1994, and such sums as may be 
necessary for each of the fiscal years 1995 through 1998.". 
TITLE III—ALTERNATIVE FINANCING 
MECHANISMS 
SEC. 301. ALTERNATIVE FINANCING MECHANISMS AUTHORIZED. 
The Act (29 U.S.C. 2201 et seq.) is amended by adding at 
the end the following: 
**TITLE III—ALTERNATIVE FINANCING 
«-*« 
MECHANISMS 
"SEC. 301. GENERAL AUTHORITY TO PROVIDE ALTERNATIVE FINANC- 
29 USC 2281. 
ING MECHANISMS. 
"(a) IN GENERAL.—^The Secretary shall award grants to States 
to pay for the Federal share of the cost of the establishment and 
administration of, or the expansion and administration of, alter-
native financing mechanisms (referred to individually in this title 
as an 'alternative financing mechanism') to allow individuals with 
disabilities and their family members, guardians, and authorized 
representatives to purchase assistive technology devices and 
assistive technology services. 
"(b) MECHANISMS.—^The alternative financing mechanisms may 
include— 
"(1) a low-interest loan fund; 
"(2) a revolving fund; 
"(3) a loan insurance program; 
/ 
108 STAT. 92 
PUBLIC LAW 103-218—MAR. 9, 1994 
"(4) a partnership with private entities for the purchase, 
lease, or other acquisition of assistive technology devices or 
the provision of assistive technology services; and 
"(5) other alternative financing mechanisms that meet the 
requirements of this Act and are approved by the Secretary. 
"(c) CONSTRUCTION.—Nothing in this section shall be construed 
as affecting the authority of a State to establish alternative financ-
ing mechanisms under title L 
29 use 2282. 
"SEC. 302. APPUCATIONS AND PROCEDURES. 
"(a) ELIGIBILITY.—States that receive or have received grants 
under section 102 or 103 shall be eligible to compete for grants 
under section 301. 
Regulations. 
"(b) REQUIREMENTS.—^The Secretary shall make grants under 
section 301 under such conditions as the Secretary shall, by regula-
tion, determine, except that— 
"(1) a State may receive only 1 grant under section 301 
and may only receive such a grant for 1 year under this title; 
"(2) a State that desires to receive a grant under section 
301 shall submit an application to the Secretary, at such time 
and in such manner as the Secretary may require, containing— 
"(A) an assurance that the State will provide at least 
50 percent of the cost described in section 301(a), as set 
forth in section 304, for the purpose of supporting the 
alternative financing mechanisms that are covered by the 
grant; 
"(B) an assurance that an alternative financing mecha-
nism will continue on a permanent basis; and 
"(C) a description of the degree to which the alternative 
financing mechanisms to be funded under section 301 will 
expand and emphasize consumer choice and control; 
Contracts. 
"(3) a State that receives a grant under section 301— 
"(A) shall enter into a contract, with a community-
based organization (or a consortia of such organizations) 
that has individuals with disabilities involved at all 
organizational levels, for the administration of the alter-
native financing mechanisms that are supported under sec-
tion 301; and 
"(B) shall require that such community-based organiza-
tion enter into a contract, for the purpose of expanding 
opportunities under section 301 and faciliteting 
the 
administration of the alternative financing mechanisms, 
with— 
"(i) commercial lending institutions or organiza-
tions; or 
"(ii) State financing agencies; and 
"(4) a contract between a State that receives a grant under 
section 301 and a community-based organization described in 
paragraph (3)— 
"(A) shall include a provision regarding the administra-
tion of the Federal and the non-Federal shares in a manner 
consistent with the provisions of this title; and 
"(B) shall include any provision required by the Sec-
retary dealing with oversight and evaluation as may be 
necessary to protect the financial interests of the United 
States. 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 93 
•^EC. 303. GRANT ADMINISTRATION REQUIREMENTS. 
29 USC 2283. 
"A State that receives a grant under section 301, together 
with any community-based organization that enters into a contract 
with the State to administer an alternative financing mechanism 
that is supported under section 301, shall develop and submit 
to the Secretary, pursuant to a timeline that the Secretary may 
establish or, if the Secretary does not establish a timeline, within 
the 12-month period beginning on the date that the State receives 
the grant, the following policies or procedures for administration 
of the mechanism: 
"(1) A procedure to review and process in a timely fashion 
requests for financial assistance for both immediate and poten-
tial technology needs, including consideration of methods to 
reduce paperwork and duplication of effort, particularly relating 
to need, eligibility, and determination of the specific device 
or service to be provided. 
"(2) A policy and procedure to assure that access to the 
alternative financing mechanism shall be given to consumers 
regardless of type of disability, age, location of residence in 
the State, or type of assistive technology device or assistive 
technology service requested and shall be made available to 
applicants of all income levels. 
"(3) A procedure to assure consumer-controlled oversight. 
-SEC. 304. FINANCIAL REQUIREMENTS. 
29 USC 2284. 
"(a) FEDERAL SHARE.—^The Federal share of the costs described 
in section 301(a) shall be not more than 50 percent. 
"(b) REQUIREMENTS.—^A State that desires to receive a grant 
under section 301 shall include in the application submitted under 
section 302 assurances that the State will meet the following 
requirements regarding funds supporting an alternative funding 
mechanism assisted under section 301: 
"(1) The State shall make available the funds necessary 
to provide the non-Federal share of the costs described in 
section 301(a), in cash, from State, local, or private sources. 
"(2) Funds that support an alternative financing mecha-
nism assisted under section 301— 
"(A) shall be used to supplement and not supplant 
other Federal, State, and local public funds expended to 
provide public funding options; and 
"(B) may only be distributed through the entity carry-
ing out the alternative financing mechanism as a payer 
of last resort for assistance that is not available in a 
reasonable or timely fashion from any other Federal, State, 
or local source. 
"(3) All funds that support an alternative financing mecha-
nism assisted under section 301, including funds repaid during 
the life of the mechanism, shall be placed in a permanent 
separate account and identified and accounted for separately 
from any other fund. Funds within this account may be invested 
in low-risk securities in which a regulated insurance company 
may invest under the law of the State for which the grant 
is provided and shall be administered with the same judgment 
and care that a person of prudence, discretion, and intelligence 
would exercise in the management of the financial affairs of 
such person. 
108 STAT. 94 
PUBLIC LAW 103-218—MAR. 9, 1994 
"(4) Funds comprised of the principal and interest from 
an account described in paragraph (3) shall be available to 
support an alternative financing mechanism assisted under 
section 301. Any interest or investment income that accrues 
on such fimds after such funds have been placed under the 
control of the entity administering the mechanism, but before 
such funds are distributed for purposes of supporting the 
mechanism, shall be the property of the entity administering 
the mechanism and shall not be taken into account by any 
officer or employee of the Federal Grovemment for any purpose. 
29 use 2285. 
"SEC. 305. AMOUNT OF GRANTS. 
"(a) AMOUNT.— 
"(1) IN GENERAL.—^Except as provided in paragraph (2), 
a grant under section 301 shall he for an amount that is 
not more than $500,000. 
"(2) INCREASES.—Such a grant may be increased by any 
additional funds made available under subsection (b). 
"(b) EXCESS FUNDS.—If funds appropriated under section 308 
for a fiscal year exceed the amount necessary to fund the activities 
described in acceptable applications submitted under section 302 
for such year, the Secretary shall make such excess amount avail-
able, on a competitive basis, to States receiving grants under section 
301 for such year. A State that desires to receive additional funds 
imder this subsection shall amend and resubmit to the Secretary 
the application submitted under section 302. Such amended applica-
tion shall contain an assurance that the State will provide an 
additional amount for the purpose of supporting the alternative 
financing mechanisms covered by the grant that is not less than 
the amount of any additional funds paid to the State by the Sec-
retary under this subsection. 
"(c) INSUFFICIENT FUNDS.—If funds appropriated under section 
308 for a fiscal year are not sufficient to fund each of the activities 
described in the acceptable applications for such year, a State 
whose application was approved as acceptable for such year but 
that did not receive a grant under section 301, may update such 
- application for the succeeding fiscal year. Priority shall be given 
in such succeeding fiscal year to such updated applications, if 
acceptable. 
29 use 2286. 
«SEC. 306. TECHNICAL ASSISTANCE. 
"(a) IN GENERAL.—^The Secretary shall provide information and 
technical assistance to States under this title, and the information 
and technical assistance shall include— 
"(1) assisting States in the preparation of applications for 
grants under section 301; 
"(2) assisting States that receive such grants in developing 
and implementing alternative financing mechanisms; and 
"(3) providing any other information and technical assist-
ance to assist States in accomplishing the objectives of this 
title. 
"(b) GRANTS, CONTRACTS, AND AGREEMENTS.—^The Secretary 
shall provide the information and technical assistance described 
in subsection (a) through grants, contracts, or cooperative agree-
ments with public or private agencies and organizations, including 
institutions of higher education, with documented experience, exper-
tise, and capacity to assist States in the development and 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 95 
implementation of the alternative financing mechanisms described 
in section 301. 
"SEC. 307. ANNUAL REPORT. 
29 USC 2287. 
"(a) IN GENERAL.—^Not later than December 31 of each year, 
the Secretary shall submit a report to the Congress stating whether 
each State program to provide alternative financing mechanisms 
that was supported under section 301 during the year is making 
significant progress in achieving the objectives of this title. 
"(b) CONTENTS.—^The report shall include information on— 
"(1) the number of applications for grants under section 
301 that were received by the Secretary; 
"(2) the number of grants made and the amoimts of such 
grants; 
"(3) the ratio of the amount of funds provided by each 
State for a State program to provide alternative 
financing 
mechanisms to the amount of Federal funds provided for such 
program; 
"(4) the tjpe of program to provide alternative 
financing 
, 
mechanisms that was adopted in each State and the commur 
nity-based organization (or consortia of such organizations) with 
which each State has entered into a contract; and 
"(5) the amount of assistance given to consumers (who 
shall be classified by age, type of disability, type of assistive 
technolo^ device or assistive technology service received, 
geographic distribution within the State, gender, and whether 
the consumers are part of an underrepresented population or 
a rural population). 
"SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 
29 USC 2288. 
"(a) IN GENERAL.—^There are authorized to be appropriated 
to carry out this title $8,000,000 for fiscal year 1994, and such 
sums as may be necessary for each of the fiscal years 1995 through 
1998. 
"(b) AVAILABILITY IN SUCCEEDING FISCAL YEAR.—Amounts 
appropriated under subsection (a) shall remain available for obliga-
tion for the fiscal year immediately following the fiscal year for 
which such amounts were appropriated. 
"(c) RESERVATION.—Of the amounts appropriated under sub-
section (a), the Secretary shall reserve $250,000 for the purpose 
of providing information and technical assistance to States under 
section 306.'. 
TITLE IV—AMENDMENTS TO OTHER 
ACTS 
SEC. 401. INDIVIDUALS WITH DISABILITIES EDUCATION ACT. 
Section 631(aXl) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1431(a)(1)) is amended— 
(1) by striking ", and" at the end of subparagraph (D) 
and inserting a comma; 
(2) by striking the period at the end of subparagraph (E) 
and inserting ", and"; and 
(3) by adding at the end the following: 
"(F) training in the use, applications, and benefits of 
assistive technology devices and assistive technology services 
108 STAT. 96 
PUBLIC LAW 103-218—MAR. 9, 1994 
(as defined in paragraphs (2) and (3) of section 3 of the Tech-
nology-Related Assistance for Individuals With Disabilities Act 
of 1988 (29 U.S.C. 2202 (2) and (3))).". 
SEC. 402. REHABILITATION ACT OF 1973. 
(a) NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION 
RESEARCH.—Section 202(b)(8) of the Rehabilitation Act of 1973 (29 
U.S.C. 761a(b)(8)) is amended by striking "characteristics of individ-
uals with disabilities" and inserting "characteristics of individuals 
with disabilities, including information on individuals with disabil-
ities who live in rural or inner-city settings, with particular atten-
tion given to underserved populations,". 
(b) TRAINING.—Section 302(b)(1)(B) of the Rehabilitation Act 
of 1973 (29 U.S.C. 771a(bXl)(B)), as added by section 302(b) of 
Public Law 102-569 (106 Stat. 4412), is amended— 
(1) by striking "; and" at the end of clause (ii) and inserting 
a semicolon; 
(2) by striking the period at the end of clause (iii) and 
inserting "; and"; and 
(3) by adding at the end the following: 
"(iv) projects to train personnel in the use, applications, 
and benefits of assistive technology devices ana assistive 
technology services (as defined in paragraphs (2) and (3) 
of section 3 of the Technology-Related Assistance for 
Individuals With DisabiUties Act of 1988 (29 U.S.C. 2202 
(2) and (3))).". 
SEC. 403. ADMINISTRATIVE REQUIREMENTS UNDER THE HEAD START 
ACT. 
Section 644(0 of the Head Start Act (42 U.S.C. 9839(f)) is 
amended— 
(1) in paragraph (1)— 
(A) by inserting ", or to request approval of the pur-
chase (after December 31, 1986) of facilities," after "to 
purchase facilities"; and 
(B) by adding at the end the following: "The Secretary 
shall suspend any proceedings pending against any Head 
Start agency to claim costs incurred in purchasing such 
facilities until the agency has been afforded an opportunity 
to apply for approval of the purchase and the Secretary 
has determined whether the purchase will be approved. 
The Secretary shall not be required to repay claims pre-
viously satisfied by Head Start agencies for costs incurred 
in the purchase of such facilities."; and 
(2) in paragraph (2)— 
(A) in subparagraph (A), by inserting "or that was 
previously purcnased" before the semicolon; 
(B) in subparagraph (C)— 
(i) by inserting ", or the previous purchase has 
resulted," after "purchase will result" in clause (i); 
and 
(ii) in clause (v.)— 
(I) by inserting ", or would have prevented," 
after "will prevent"; and 
(II) by striking "and" at the end; 
(C) by redesignating subparagraph (D) as subpara-
graph (E); and 
(D) by inserting after subparagraph (C) the following: 
PUBLIC LAW 103-218—MAR. 9, 1994 
108 STAT. 97 
*
*
(
D
) in the case of a request regarding a previously pur-
chased facility, information demonstrating that the facility will 
be used principally as a Head Start center, or a direct support 
facility for a Head Start program; and". 
SEC. 404. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) ASSISTIVE TECHNOLOGY DEVICE.—Section 7(23) of the 
Rehabilitation Act of 1973 (29 U.S.C. 706(23)), as added by section 
102(n) of Public Law 102-569 (106 Stat. 4350), is amended— 
(1) by striking "3(1)" and inserting "3(2)"; and 
(2) by striking "2202(1)" and inserting "2202(2)". 
(b) ASSISTIVE TECHNOLOGY SERVICE.—Section 7(24) of the 
Rehabilitation Act of 1973 (29 U.S.C. 706(24)), as added by section 
102(n) of Public Law 102-569 (106 Stat. 4350), is amended— 
(1) by striking "3(2)" and inserting "3(3)"; and 
(2) by striking "2202(2)" and inserting "2202(3)". 
TITLE V—EFFECTIVE DATE 
SEC. 501. EFFECTIVE DATE. 
29 USC 2201 
(a) IN GENERAL.—^Except as otherwise specifically provided in 
this Act, this Act and the amendments made by this Act shall 
take efiTect on the date of the enactment of this Act. 
(b) COMPLIANCE.—Each State receiving a grant under the Tech-
nology-Related Assistance for Individuals With Disabilities Act of 
1988 shall comply with the amendments made by this Act— 
(1) as soon as practicable after the date of the enactment 
of this Act, consistent with the effective and efficient adminis-
tration of the Technology-Related Assistance for Individuals 
With Disabilities Act of 1988; but 
(2) not later than— 
(A) the next date on which the State receives an award 
through a grant under section 102 or 103 of such Act; 
or 
(B) October 1,1994, 
whichever is sooner. 
Approved March 9, 1994. 
LEGISLATIVE HISTORY—H.R. 2339 (S. 1283): 
H O U S E REPORTS: No. 103-208 (Comm. on Education and Labor). 
SENATE REPORTS: No. 103-119 accompanying S. 1283 (Comm. on Labor and Human 
Resources). 
C O N G R E S S I O N A L RECORD: 
Vol. 139 (1993): Aug. 2, considered and passed House. 
Aug. 5, S. 1283 considered and passed Senate; H.R. 2339, 
amended, passed in lieu. 
Vol. 140 (1994): Feb. 8, House concurred in Senate amendment with an 
amendment. 
^ 
Feb. 11, Senate concurred in House amendment.