Technology-Related Assistance for Individuals With Disabilities Act of 1988
PL 100-407 (S.2561), enacted 08/19/1988

102 STAT. 1044 
PUBLIC LAW 100-407—AUG. 19, 1988 
Public Law 100-407 
100th Congress 
An Act 
Aug. 19, 1988 
To establish a program of grants to States to promote the provision of technology-
[S. 2561] 
related assistance to individuals with disaJsUities, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Technology- 
United States of America in Congress assembled. 
Related 
^ 
Assistance for 
SECTION 1. SHORT TITLE. 
Disabilities Act 
This Act may be cited as the "Technolc^y-Related Assistance for 
of 1988. 
Individuals With Disabilities Act of 1988". 
29 use 2201 
note. 
SEC. 2. FINDINGS AND PURPOSES. 
29 use 2201. 
(g^) FINDINGS.—The Congress makes the following findings: 
(1) During the past decade, there have been major advances in 
modem technology. Technology is now a powerful force in the 
lives of most residents of the United States. 
(2) For all individuals, technology can provide important tools 
for making the performance of tasks quicker and easier. 
(3) For some individuals with disabilities, assistive technology 
is a necessity that enables them to engage in or perform many 
tasks. The provision of assistive technology devices and assistive 
technology services enables some individuals with disabilities 
to— 
(A) have greater control over their own lives; 
(B) participate in and contribute more fully to activities 
in their home, school, and work environments, and in their 
communities; 
(C) interact to a greater extent with nondisabled individ-
uals; and 
(D) otherwise benefit from opportunities that are taken 
for granted by individuals who do not have disabilities. 
(4) Although the development of assistive technology devices 
designed to assist individuals with disabilities is still in its early 
stages, there already exist a substantial number of assistive 
technology devices, including simple adaptations to existing 
equipment, that could significantly benefit, in all major life 
activities, individuals of all ages with disabilities. Such devices, 
including adaptations, could be used in programs and activities 
such as early intervention, education, rehabilitation and train-
ing, emplojnnent, residential living, independent living, recre-
ation, and other aspects of daUy living. 
(5) The use of assistive technol<^y devices and services by 
individuals with disabilities can reduce the costs of the disabil-
ities to society, individuals with disabilities, and families of 
individuals with disabilities by reducing expenditures associ-
ated with early intervention, education, rehabilitation, health 
care, transportation, telecommunication services, and other 
services required by individuals with disabilities. 
(6) Many individuals with disabilities do not have access to 
the assistive technology devices and assistive technolc^y serv-
-" •-'• \'\%,m('-'' 
PUBLIC LAW 100-407—AUG. 19, 1988 
102 STAT. 1045 
ices that such individuals need to allow such individuals to 
function in society commensurate with their abilities. States do 
not have comprehensive programs for making available 
technology-related assistance to individuals with disabilities. 
There is a lack of— 
(A) resources to pay for such devices and services; 
(B) trained personnel to provide such devices and services 
and to assist individuals with disabilities to use such devices 
and services; 
(C) information about the potential of technology avail-
able to individuals with disabilities, the families or rep-
resentatives of individuals with disabilities, individuals who 
work for public agencies and private entities that have 
contact with individuals with disabilities (including insur-
ers), employers, and other appropriate individuals; 
(D) coordination among existing State human services 
prc^rams, and among such programs and private agencies, 
particularly with respect to transitions between such pro-
grams and agencies; and 
(E) capacity of such p n ^ a m s to provide the necessary 
technology-related assistance. 
(7) There are insufRcient incentives for the commercial pur-
suit of the application of technology devices to meet the needs of 
individuals with disabilities, because of limited markets. 
(8) At the Federal level, there is a lack of coordination among 
agencies that provide or pay for the provision of assistive tech-
nology devices and assistive technology services. Also, the Fed-
eral Government does not provide adequate assistance and 
information with respect to the use of assistive technology 
devices and assistive technology services to individuals with 
disabilities, the families or representatives of individuals with 
disabilities, individuals who work for public agencies and pri-
vate entities that have contact with individuals with disabilities 
(including 
insurers), 
employers, 
and 
other 
appropriate 
individu£ds. 
(b) PURPOSES.—^The purposes of this Act are as follows: 
(1) To provide financial assistance to the States to help each 
State to develop and implement a consumer-responsive state-
wide program of technology-related assistance for individuals of 
all ages with disabilities that is designed to— 
(A) increase awareness of the needs of individuals with 
disabilities for assistive technology devices and assistive 
technology services; 
(B) increase awareness of policies, practices, and proce-
dures that facilitate or impede the availability or provision 
of assistive technology devices and assistive technology 
services; 
(C) increase the availabiUty of and funding for the provi-
sion of assistive technol(^ devices and assistive technology 
services for individuals with disabilities; 
(D) increase awareness and knowledge of the efficacy of 
assistive technology devices and assistive technology serv-
ices among individuals with disabilities, the families or 
representatives of individuals with disabilities, individuals 
who work for public agencies and private entities that have 
contact with individuals with disabilities (including insur-
ers), employers, and other appropriate individuals; 
102 STAT. 1046 
PUBLIC LAW 100-407—AUG. 19, 1988 
(E) increase the capacity of public and private entities to 
provide technology-related assistance, particularly assistive 
technology devices and assistive technolc^y services, and to 
pay for the provision of assistive technology devices and 
assistive technology services; 
(F) increase coordination among State agencies and 
pubUc and private entities that provide technology-related 
/ , assistance, particularly assistive technology devices and 
assistive technology services; and 
(G) increase the probability that individuals of all ages 
with disabilities will, to the extent appropriate, be able to 
secure and maintain possession of assistive technology de-
vices as such individuals make the transition between serv-
ices offered by human service agencies or between settings 
of daily living. 
(2) To facilitate— 
(A) the identification of Federal policies that facilitate 
payment for assistive technology devices and assistive tech-
nology services for individuals with disabilities; 
(B) the identification of Federal policies that impede such 
payment; and 
(C) the elimination of inappropriate barriers to such 
payment. 
(3) To enhance the ability of the Federal Government to 
provide the States with— 
(A) technical assistance, information, and training and 
public awareness programs relating to the provision of 
assistive technolc^y devices and assistive technology serv-
ices; and 
(B) funding for model demonstration and innovation 
projects. 
29 use 2202. 
SEC. 3. DEFINITIONS. 
For purposes of this Act: 
(1) AssiSTTNTE TECHNOLOGY DEVICE.—The term "assistive tech-
nology device" means any item, piece of equipment, or product 
system, whether acquired commercially off the shelf, modified, 
or customized, that is used to increase, maintain, or improve 
functional capabilities of individuals with disabilities. 
(2) ASSISTIVE TECHNOLOGY SERVICE.—The term "assistive tech-
nolc^y service" means any service that directly assists an 
individual with a disability in the selection, acquisition, or use 
of an assistive technology device. Such term includes— 
(A) the evaluation of the needs of an individual with a 
disability, including a functional evaluation of the individ-
ual in the individual's customary environment; 
(B) purchasing, leasing, or otherwise providing for the 
acquisition of assistive technology devices by individuals 
with disabilities; 
(C) selecting, designing, fitting, customizing, adapting, 
applying, maintaining, repairing, or replacing of assistive 
technology devices; 
(D) coordinating and using other therapies, interventions, 
or services with assistive technology devices, such as those 
associated with existing education and rehabilitation plans 
and prc^ams; 
PUBLIC LAW 100-407—AUG. 19, 1988 
102 STAT. 1047 
(E) training or technical assistance for an individual with 
disabilities, or, where appropriate, the family of an individ-
ual with disabilities; and 
(F) training or technical assistance for professionals 
(including individuals providing education and rehabilita-
tion services), employers, or other individuals who provide 
services to, employ, or are otherwise substantially involved 
in the major life functions of individuals with disabilities. 
(3) INDIVIDUAL WITH DISABIUTIES.—The term "individual with 
disabilities" means any individual— 
(A) who is considered to have 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; and 
(B) who is or would be enabled by assistive technology 
devices or assistive technol(^y services to maintain a level 
of functioning or to achieve a greater level of functioning in 
any major life activity. 
(4) iNSTiTunoN OF HIGHER EDUCATION.—The term "institution 
of higher education" has the meaning given such term in 
section 435(b) of the Higher Education Act of 1965, and includes 
community colleges receiving funding under the Tribally 0)n-
trolled Community College Assistance Act of 1978 (25 U.S.C. 
1801 et seq.). 
(5) SECRETARY.—The term "Secretary" means the Secretary of 
Education. 
(6) STATE.—Except as otherwise provided, the term "State" 
means each of the severgd States, the District of Ck)lumbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, the Commonwealth of the Northern Mariana 
Islands, and the Trust Territory of the Pacific Islands. 
(7) TECHNOLOGY-RELATED ASSISTANCE.—The term "technology-
related assistance" means functions performed and activities 
carried out under section 101 that accomplish the purposes 
described in section 2(bXl). 
(8) UNDERSERVED GROUP.—The term "underserved group" 
means any group of individuals with disabilities who, because of 
disability, place of residence, gec^aphic location, age, race, sex, 
or socioeconomic status, have not historically sought, been eli-
gible for, or received technology-related assistance. 
TITLE I—GRANTS TO STATES 
SEC. 101. PROGRAM AUTHORIZED. 
29 USC 2211. 
(a) GRANTS TO STATES.—The Secretary of Education shall make 
grants to States in accordance with the provisions of this title to 
assist States to develop and implement consumer-responsive com-
prehensive statewide programs of technology-related assistance that 
accomplish the purposes described in section 2(bXl)-
(b) FUNCTIONS OF PROGRAMS.—Any State that receives a grant 
under this title may accomplish the purposes described in section 
2(bXl) by carrying out any of the following functions: 
(1) IDENTIFICATION AND NEEDS ASSESSMENT.—Identification of 
individuals with disabilities (including individuals from under-
served groups) who reside in the State and the conduct of an 
102 STAT. 1048 
PUBLIC LAW 100-407—AUG. 19, 1988 
Contracts. 
ongoing evaluation of the needs of such individuals for tech-
nology-related assistance, which may be based on existing data. 
(2) IDENTIFICATION AND COORDINATION OF RESOURCES.—Identi-
fication 
and coordination of Federal and State policies, 
resources, and services relating to the provision of assistive 
technology devices and assistive technology services to individ-
uals with disabilities, including entering into interagency 
agreements. 
(3) PROVISION OP ASSISTIVE TECHNOLOGY DEVICES AND ASSISTIVE 
TECHNOLOGY SERVICES.—Provision of assistive technology de-
vices and assistive technology services to individuals with 
disabilities and pajrment for the provision of assistive tech-
nology devices and assistive technology services. 
(4) 
DISSEMINATION 
OF 
INFORMATION.—Dissemination 
of 
information 
relating to technology-related assistance and 
sources of funding for assistive technology devices and assistive 
technology services to individuals with disabilities, the families 
or representatives of individuals with disabilities, individuals 
who work for public agencies and private entities that have 
contact with individuals with disabilities (including insurers), 
employers, and other appropriate individuals. 
(5) TRAINING AND TECHNICAL ASSISTANCE.—Provision of train-
ing and technical assistance relating to assistive technology 
devices and assistive technology services to individuals with 
disabilities, the families or representatives of individuals with 
disabilities, individuals who work for public agencies and pri-
vate entities that have contact with individuals with disabilities 
(including 
insurers), 
employers, 
and 
other 
appropriate 
individuals. 
(6) PuBuc AWARENESS PROGRAM.—Conduct of a pubUc aware-
ness prc^ram focusing on the efficacy and availability of 
assistive technology devices and assistive technology services for 
individuals with disabilities. 
(7) 
ASSISTANCE 
TO 
STATEWIDE 
AND 
COMMUNITY-BASED 
ORGANIZATIONS.—Provision of assistance to statewide and 
community-based 
organizations 
or 
systems 
that 
provide 
assistive technology services to individuals with disabilities. 
(8) PARTNERSHIPS AND COOPERATIVE INITIATIVES.—Support of 
the establishment or continuation of partnerships and coopera-
tive initiatives between the public sector and the private sector 
to facilitate the development and implementation of a statewide 
pr(^ram of technology-related assistance for individuals with 
disabilities. 
(9) QUALIFICATIONS OF STAFF.—Taking actions to develop 
standards, or where appropriate, apply existing standards to 
ensure the availability of qualified personnel. 
(10) PROGRAM DATA.—Clompilation and evaluation of appro-
priate data relating to the program. 
(11) PROCEDURES FOR INVOLVEMENT OF CONCERNED INDIVID-
UALS.—The establishment of procedures providing for the active 
involvement of individuals with disabilities, the families or 
representatives of such individuals, and other appropriate 
individuals in the development and implementation of the pro-
gram, and for the active involvement, to the maximum extent 
appropriate, of individuals with disabilities who use assistive 
technol(^y devices and assistive technolc^y services in decisions 
PUBLIC LAW 100-407—AUG. 19, 1988 
102 STAT. 1049 
relating to such assistive technology devices and assistive tech-
nology services. 
(12) OTHER FUNCTIONS.—Any other functions the Secretary 
considers appropriate, 
(c) AUTHORIZED ACTIVITIES.—In carrying out the functions de-
scribed in subsection Ot)), any State may use amounts made available 
to the State under a grant under this title for activities including 
the following: 
(1) MODEL DELIVERY SYSTEMS.—The State may support model 
systems for the delivery of assistive technology devices and 
assistive technology services to individuals with disabilities that 
if successful could be replicated or made generally applicable. 
Any such system may include— 
(A) the purchase, lease, or other acquisition of assistive 
technology devices and assistive technology services or pay-
ment for the provision of assistive technology devices and 
assistive technology services; 
(B) the use of counselors, including peer counselors, to 
assist individuals with disabilities and the families of 
individuals with disabilities to obtain assistive technology 
devices and assistive technology services; 
(C) the involvement of individuals with disabilities or, if 
appropriate, families or representatives of individuals with 
disabilities in decisions related to the provision of assistive 
technology devices and assistive technolc^y services to 
individuals with disabilities; and 
(D) the evaluation of the efficacy of the particular model 
delivery system involved. 
(2) STATEWIDE NEEDS ASSESSMENT.—The State may conduct a 
statewide needs assessment, which may be based on existing 
data and may include— 
(A) estimates of the numbers of individuals with disabil-
ities within the State, categorized by residence, type and 
extent of disabilities, age, race, gender, and ethnicity; 
(B) a d^cription of efforts during the fiscal year ending 
before the date of the enactment of this Act to provide 
assistive technol<^y devices and assistive technology serv-
ices to individual^ with 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 provided; 
(C) the number of individuals with disabilities who are in 
need of assistive technology devices suid assistive tech-
nology services, and a description of the devices and serv-
ices needed; 
(D) the cost of providing assistive technology devices and 
assistive technology services to all individuals with disabil-
ities within the State who need such devices and services; 
(£) a description of State and local public resources and 
private resources (including insurance) that are available to 
establish a statewide prc^am of technology-related assist-
ance for individuals with disabilities; 
(F) the identification of State and Federal policies that 
facilitate or interfere with the operation of a statewide 
program of technology-related assistance; 
102 STAT. 1050 
PUBLIC LAW 100-407—AUG. 19, 1988 
Loans. 
Insurance. 
(G) a description of— 
(i) alternative State-financed systems of subsidies for 
the provision of assistive technology devices and 
assistive technology services, including— 
(I) a loan system for assistive technology devices; 
(II) a low-interest loan fund; 
(III) a revolving fund; 
(IV) a loan insurance program; and 
(V) a partnership with private entities for the 
purchase, lease, or other acquisition of assistive 
technology devices or the provision of assistive 
technology services; and 
(ii) a description of the eligibility criteria for such a 
system; 
(H) a description of the State's procurement policies and 
the extent to which such policies will ensure, to the extent 
practicable, that assistive technology devices purchased, 
leased, or otherwise acquired with assistance under a grant 
under this title are compatible with other technology de-
vices, including technology devices designed primarily for 
use by individuals without disabilities, elderly individuals, 
or individuals with particular disabilities; and 
(I) an inquiry into whether it is advantageous for either a 
State agency or a task force (composed of individuals rep-
resenting the State and individuals representing the pri-
vate sector) to study the practices of private insurance 
companies holding licenses within the State that offer 
health or disability insurance policies under which an 
individual may obtain reimbursement for— 
(i) the purchase, lease, or other acquisition of 
assistive technology devices; or 
(ii) the use of assistive technology services. 
(3) SUPPORT GROUPS.—The State may encourage the creation 
or maintenance of statewide or community-based organizations 
or systems that assist individuals with disabilities to use 
assistive technology devices or assistive technology services, or 
support any existing org£mization or system that provides such 
assistance. 
(4) PuBUC AWARENESS PROGRAM.—The State may support a 
public aw£U"eness program designed to provide information 
relating to the availability and efficacy of assistive technology 
devices and assistive technology services for individuals with 
disabilities, the families or representatives of individuals with 
disabilities, individuals who work for public agencies and pri-
vate entities that have contact with individuals with disabilities 
(including insurers), employers, and other appropriate individ-
uals, or may establish and support such a program if no such 
prc^am exists. Such a program may include— 
(A) the development and dissemination of information 
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 tech-
nology services; and 
PUBLIC LAW 100-407—AUG. 19, 1988 
102 STAT. 1051 
(iii) the efficacy of assistive technology devices and 
assistive technology services with respect to enhancing 
the capacity of individuals with disabilities; 
(B) procedures for providing direct communication be-
tween public providers of assistive technology devices and 
assistive technology services and private providers of such 
devices and services (including employers); and 
(C) the development and dissemination of information 
relating to— 
(i) use of the program by individuals with disabilities, 
families or representatives of individuals with disabil-
ities, and professionals who work in the field of tech-
nology-related 
assistance, 
and 
other 
appropriate 
individuals; and 
(ii) the nature of the inquiries made by the individ-
uals described in clause (i). 
(5) TRAINING AND TECHNICAL ASSISTANCE.—The State may 
provide directly or support public or private training and tech-
nical assistance activities relating to the use of assistive tech-
nology devices and assistive technology services to individuals 
with disabilities, the families or representatives of individuals 
with disabilities, individuals who work for public agencies and 
private entities that have contact with individuals with disabil-
ities (including insurers), employers, and other appropriate 
individuals. 
(6) ACCESS TO TECHNOLOGY-RELATED INFORMATION.—The State 
may develop, operate, or expand a system for public access to 
information concerning technology-related assistance, including 
information about assistive technology devices and assistive 
technology services, funding sources, costs, and individuals, 
organizations, and agencies capable of providing technology-
related assistance to individuals with disabilities. In developing, 
operating, or expanding a system described in the preceding 
sentence, the State may— 
(A) develop, compile, and categorize print, braille, audio, 
and video materials containing the information described in 
such sentence; 
(B) identify and classify existing funding sources, condi-
tions of and criteria for access to such sources, including 
any funding mechanisms or strategies developed by the 
State; 
(C) identify existing support groups and systems designed 
to help individuals with disabilities make effective use of 
technology-related assistance; and 
(D) maintain a record of the extent to which citizens of Records. 
the State use or make inquiries of the system established 
under this paragraph, and of the nature of such inquiries. 
(7) INTERSTATE AGREEMENTS.—The State may enter into co-
operative agreements with other States to expand the capacity 
of the States involved to assist individuals of all ages with 
disabilities to learn about, acquire, use, maintain, adapt, and 
u i ^ a d e assistive technology devices and assistive technology 
services that such individuals need at home, school, work, or in 
other environments that are part of daily living. 
(8) OTHER ACTIVITIES.—The State may utilize amounts made 
available under grants made under this title for any other 
102 STAT. 1052 
PUBLIC LAW 100-407—AUG. 19, 1988 
activities necessary for developing, implementing, or evaluating 
the statewide program of technology-related assistance. 
29 use 2212. 
SEC. 102. DEVELOPMENT GRANTS. 
(a) GENERAL AUTHORITY.—The Secretary shall award to States 
3-year grants to assist States to develop and implement statewide 
programs of technology-related assistance for individuals with 
disabilities in accordance with the provisions of section 101. 
(b) NUMBER OF GRANTS TO BE AWARDED.—From amounts appro-
priated under section 106, the Secretary shall award under this 
section, to the extent appropriate applications are submitted— 
(1) in the first fiscal year for which amounts are appropriated, 
not more than 10 grants on a competitive basis; 
(2) in the second fiscal year for which amounts are appro-
priated, not more than 20 grants on a competitive basis; and 
(3) in the third fiscal year for which amounts are appro-
priated, any number of grants on a competitive basis. 
(c) AMOUNTS OF GRANTS.— 
(1) GRANTS TO STATES.—From amounts appropriated under 
section 106, the Secretary shall pay to each State that receives a 
grant under this section— 
(A) for each of the first 2 years of the grant period, an 
amount that is not less than $500,000 and not more than 
$1,000,000; and 
(B) for the third year of the grant period, an amount that 
is not less than $500,000 and not more than $1,500,000. 
(2) GRANTS TO TERRITORIES.—From amounts appropriated 
under section 106 for any fiscal year, the Secretary shall pay to 
each territory that receives a grant under this section not more 
than $150,000. 
(3) CALCULATION OF AMOUNTS.—The Secretary shall calculate 
the amounts described in paragraphs (1) and (2) on the basis 
of— 
(A) amounts available for making grants under this 
section; 
(B) the population of the State or territory concerned; and 
(C) the tyi)es of activities proposed by the State relating to 
the development of a statewide program of technology-
related assistance. 
(4) PRIORITY FOR PREVIOUSLY PARTICIPATING STATES.—Amounts 
appropriated for purposes of carrying out the provisions of this 
section in each of the 2 fiscal years succeeding the fiscal year in 
which amounts are first appropriated for such purposes shall 
first be made available to States that received grants under this 
section during the fiscal year preceding the fiscal year 
concerned. 
(5) DEFINITIONS.—For purposes of this subsection: 
(A) The term "State" does not include the Virgin Islands, 
Guam, American Samoa, the Commonwealth of the North-
ern Mariana Islands, or the Trust Territory of the Pacific 
Islands. 
(B) The term "territory" means the Virgin Islands, 
Guam, American Samoa, the Commonwealth of the North-
em Mariana Islands, and the Trust Territory of the Pacific 
Islands. 
PUBLIC LAW 100-407—AUG. 19, 1988 
102 STAT. 1053 
(d) PRIORITIES FOR DISTRIBUTION.—TO the extent practicable, the 
Secretary shall award grants to States under this section in a 
manner that— 
(1) is geo^aphically equitable; and 
(2) distributes the grants among States that have differing . 
levels of development of statewide programs of technology-
related assistance. 
(e) APPLICATIONS.—Any State that desires to receive a grant under 
this section shall submit an application that contains the following 
information and assurances: 
(1) DESIGNATION OF RESPONSIBLE ENTITY.—The designation by 
the Governor of the office, agency, entity, or individual respon-
sible for— 
(A) preparing the application; 
(B) administering and supervising the use of amounts 
made available imder the grant; 
(C) planning £uid developing the statewide program of 
technology-related assistance; 
(D) coordination between public and private agencies, 
including the entering into of interagency gigreements; 
(E) ensuring active, timely, and meaningful participation 
by individuals with disabilities, the families or representa-
tives of such individuals, and other appropriate individuals 
with respect to performing functions and carrying out 
activities under the grant; and 
(F) the delegation of any responsibilities described above, 
in whole or in part, to one or more appropriate offices, 
agencies, entities, or individuals. 
(2) AGENCY INVOLVEMENT.—A description of the nature and 
extent of involvement of various State agencies in the prepara-
tion of the application and the continuing role of such agencies 
in the development of the statewide program of technology-
related assistance. 
(3) PuBUC INVOLVEMENT.—A description of the nature and 
extent of involvement of individuals with disabilities, the fami-
lies or representatives of such individuals, and other appro-
priate individuals who are not employed by a State agency in 
the development of the application and the continuing role of 
such individuals in the development of the statewide program of 
technology-related assistance. 
(4) PREUMINARY NEEDS ASSESSMENT.—A tentative assessment 
of the extent of the need of individuals with disabilities in the 
State, including individuals from underserved groups, for a 
statewide prc^ram of technology-related assistance and a 
description of previous efforts and efforts continuing on the date 
of the application to develop a statewide program of technology-
related assistance. 
(5) STATE RESOURCES.—A description of State resources and 
other resources (to the extent such information is available) 
that are available to commit to the development of a statewide 
prc^am of technology-related assistance. 
(6) GrOALS, OBJECTIVES, FUNCTIONS, ACTIVITIES, AND OUT-
COMES.—^The State's goals, objectives, functions, and activities 
planned under the grant, and the expected outcomes at the end 
of the grant period with respect to a consumer-responsive state-
wide p n ^ a m of technolc^y-related assistance, consistent with 
the purposes described in section 2(bXl). 
102 STAT. 1054 
PUBLIC LAW 100-407—AUG. 19, 1988 
Records. 
(7) INFORMATION AND EVALUATIONS.—A description of— 
(A) procedures used for compiling information; and 
(B) procedures that will be used to conduct evaluations. 
(8) STATE POLICIES WITH RESPECT TO CONTRACTS AND AGREE-
MENTS.—A description of the policies governing contracts, 
grants, and other arrangements with public agencies, private 
nonprofit organizations, and other entities or individuals for the 
purpose of providing assistive technology devices and assistive 
technology services consistent with the provisions of this title. 
(9) DISTRIBUTION PROCEDURE.—An assurance that, to the 
extent practicable, technology-related assistance made available 
with amounts received under the grant will be equitably distrib-
uted among all geographical areas of the State. 
(10) CoMPUANCE WITH ACT,—An assurance that amounts re-
ceived under the grant will be expended in accordance with the 
provisions of this title. 
(11) SUPPLEMENT OTHER FUNDS.—An assurance that amounts 
received under the grant— 
(A) will be iised to supplement amounts available from 
other sources that are expended for technology-related 
assistance, including the provision of assistive technology 
devices and assistive technology services; and 
(B) will not be used to pay a financial obligation for 
technology-related assistance (including the provision of 
assistive technology devices or assistive technology services) 
that would have been paid with amounts available from 
other sources if amounts under the grant had not been 
available, unless— 
(i) such pajnnent is made only to prevent a delay in 
the receipt of appropriate technology-related assistance 
(including the provision of assistive technology devices 
or assistive technology services) by an individual with 
disabilities; and 
(ii) the entity or agency responsible subsequently 
reimburses the appropriate account with respect to 
programs and activities under the grant in an amount 
equal to the amount of the payment. 
(12) CONTROL OF FUNDS AND PROPERTY.—An assurance that— 
(A) a public agency shall control and administer amounts 
received imder the grant; and 
(B) a public agency or an individual with disabilities 
shall— 
(i) hold title to property purchased with such 
amounts; and 
(ii) administer such property. 
(13) REPORTS.—An assurance that the State will— 
(A) prepare reports to the Secretary in such form and 
containing such information as the Secretary may require 
to carry out the Secretary's functions under this title; and 
(B) keep such records and allow access to such records as 
the Secretary may require to ensure the correctness and 
verification of information provided to the Secretary under 
this paragraph. 
(14) COMMINGUNG OF FUNDS.—An assurance that amounts 
received under the grant will not be commingled with State or 
other funds. 
PUBLIC LAW 100-407—AUG. 19, 1988 
102 STAT. 1055 
(15) FISCAL CONTROL AND ACCOUNTING PROCEDURES.—An assur-
ance that the State wiU adopt such flscal control and accounting 
procedures as may be necessary to ensure proper disbursement 
of and accoimting for amounts received under the grant. 
(16) AVAILABILITY OF INFORMATION.—An assurance that the 
State will— 
(A) make available to individuals with disabilities and the 
families or representatives of individuals with disabilities 
information concerning technology-related assistance in a 
form that will allow such individusds to effectively use such 
information; and 
(B) in preparing such information for dissemination, con-
sider the media-related needs of individuals with disabil-
ities 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. 
(17) OTHER INFORMATION.—Such other information and assur-
ances as the Secretary may reasonably require. 
SEC. 103. EXTENSION GRANTS. 
29 USC 2213. 
(a) GENERAL AUTHORITY.—The Secretary may award a 2-year 
extension grant to any State that demonstrates to the Secretary 
that the State made significant progress in developing and im-
plementing a statewide program of technology-related assistance 
under a grant provided under section 102, consistent with the 
requirements of such section and the purposes described in section 
2(bXl). 
(b) AMOUNTS OF GRANTS.— 
(1) IN GENERAL.—(A) From amounts appropriated under sec-
tion 106 for any fiscal year, the Secretary shall pay to each 
State that receives a grant under this section an amount that is 
not less than $500,000 and not more than $1,500,000. 
(B) From amounts appropriated under section 106 for any 
fiscal year, the Secretary shaU pay to each territory that 
receives a grant under this section not more than $150,000. 
(C) For purposes of this paragraph: 
(i) The term "State" does not include the Virgin Islands, 
Guam, American Samoa, the (Commonwealth of the North-
e m Mariana Islands, or the Trust Territory of the Pacific 
Islands. 
(ii) The term "territory" means the Virgin Islands, Guam, 
American Samoa, the Commonwealth of the Northern 
Mariana Islands, and the Trust Territory of the Pacific 
Islands. 
(2) CALCULATION OF AMOUNT.—The Secretary shall calculate 
the amount described in paragraph (1) on the basis of— 
(A) amounts available for making grants pursuant to this 
section; 
(B) the population of the State; 
(C) the types of assistance to be provided; and 
(D) the amount of resources committed and available 
from other sources. 
(3) PRIORITY FOR PREVIOUSLY PARTICIPATING STATES.—Amounts 
appropriated in any fiscal year for purposes of canying out the 
provisions of this section shall first be made available to States 
102 STAT. 1056 
PUBLIC LAW 100-407—AUG. 19, 1988 
that received grants under this section during the fiscal year 
preceding the fiscal year concerned, 
(c) APPLICATION.—A State that desires to receive an extension 
grant under this section shall submit an application that contains 
the following: 
(1) NEEDS.—A description of needs relating to technology-
related assistance of individuals with disabilities, including 
individuals from underserved groups, families or representa-
tives of individuals with disabilities, and other appropriate 
individuals within the State. 
(2) AcTivrnES UNDER DEVELOPMENT GRANT.—A description of 
the specific activities carried out under the development grant 
received under section 102 and the relationship of such activi-
ties to the development of a statewide program of technology-
related assistance. 
(3) PROGRESS.—Documentation of the progress made under 
the development grant toward development of a statewide pro-
gram of technology-related assistance. 
(4) PuBuc INVOLVEMENT.—A description of State actions de-
signed to determine the degree of satisfaction of individuals 
with disabilities, families or representatives of individuals with 
disabilities, public and private service providers, employers, and 
other appropriate individuals with— 
(A) the degree of their ongoing involvement in the devel-
opment and implementation of the statewide program of 
technology-related assistance; 
(B) the specific activities carried out by the State under 
the development grant; and 
(C) progress made toward development and implementa-
tion of a consumer-responsive statewide program of tech-
nology-related assistance under the development grant. 
(5) COMMENTS.—A summary of any comments received 
concerning the issues described in paragraph (4) and the State's 
response to such comments, solicited from individuals affected 
by the statewide program of technology-related assistance, 
including individuals with disabilities, families or representa-
tives of individuals with disabilities, public and private service 
providers, employers, and other appropriate individuals. 
(6) OTHER INFORMATION AND ASSURANCES.—The information 
and assurances described in section 102(e), except the prelimi-
nary needs assessment described in section 102(eX4). 
(7) COMPATIBILITY AND ACCESSIBILITY OF ELECTRONIC EQUIP-
MENT.—An assurance that the State will comply with guidelines 
established under section 508 of the Rehabilitation Act of 1973. 
29 use 2214. 
SEC. 104. PROGRESS REPORTS. 
(a) IN GENERAL.—Each State that receives a grant under this title 
shall submit to the Secretary annually a report that describes— 
(1) completed activities carried out under the grant, especially 
with regard to section 102(eX6), including, to the extent appro-
priate, a description of the impact of such activities on individ-
uals with disabilities, public agencies, financial resources 
committed to technology-related assistance for individuals with 
disabilities, community-based organizations, and employers; 
(2) unanticipated problems encountered in carrying out such 
activities; 
PUBLIC LAW 100-407—AUG. 19, 1988 
102 STAT. 1057 
(3) activities planned to rectify such problems in the following 
year, 
(b) SPECIFIC REQUIREMENTS FOR REPORTS WITH RESPECT TO EXTEN-
SION GRANTS.—Each State that receives a development grant under 
section 102 may include, and each State that receives an extension 
grant under section 103 shall include in the report required by 
subsection (a) a description of— 
(1) the types of assistance provided under the grant and the 
effects of such assistance, especially with respect to individuals 
with disabilities; 
(2) the tjrpes of environments in which assistance was pro-
vided under the grant; and 
(3) how the information required by this subsection was 
derived. 
SEC. 105. ADMINISTRATIVE PROVISIONS. 
29 USC 2215. 
(a) REVIEW OF PARTICIPATING STATES.— 
(1) IN GENERAL.—The Secretary shall establish a system to 
assess the extent to which States that receive grants pursuant 
to this title are making significant progress in achieving the 
purposes of this title. 
(2) ONSITE VISITS.—(A) The Secretary shall conduct an onsite 
visit during the final year of each State's participation in the 
development grant program. Two-thirds of the onsite monitor-
ing team in each case shall be qualified peer reviewers from 
other participating States. 
(BXi) Members of any onsite monitoring team who are officers Wages. 
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 they may be 
allowed travel expenses, including per diem in lieu of subsist-
ence, as authorized by section 5702 of title 5, United States 
Code, for individuals in the Government service traveling on 
official business. 
(ii) Members of any onsite monitoring team who are not 
officers or full-time employees of the United States shall receive 
compensation at a rate not to exceed the daily equivalent of the 
pay rate specified for GS-18 of the General Schedule under 
section 5332 of title 5, United States Code, for each day (includ-
ing 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. 
(3) MINIMUM REQUIREMENTS.—At a minimum the visits shsQl 
allow the Secretary to determine the extent to which the State 
is making significant pn^ress in developing a statewide pro-
gram of technology-related assistance consistent with the pur-
poses described in section 20t)Xl). 
(4) PROVISION OF INFORMATION.—To assist the Secretary in 
carrying out the responsibilities of the Secretary under this 
section, the Secretary may require States to provide relevant 
information. 
O
b
) CORRECTIVE ACTION PLAN.— 
102 STAT. 1058 
PUBLIC LAW 100-407—AUG. 19, 1988 
(1) IN GENERAL.—Any State that fails to comply with the 
requirements of this title shall be subject to a corrective action 
plan. 
(2) PENALTIES.—A State that fails to comply with the require-
ments of this title may be subject to penalties such as— 
(A) partial or complete fund termination; 
(B) ineligibility to participate in the grant program in the 
following year; or 
(C) reduction in funding for the following year. 
(3) APPEALS PROCEDURES.—The Secretary shall establish ap-
peals procedures for States that are found in noncompliance 
with the provisions of this title as the result of an onsite visit or 
failure to supply information required under subsection (aX4). 
(c) EFFECT ON OTHER ASSISTANCE.—Nothing in this title shall be 
construed to permit the State or any Federal agency to reduce 
medical or other assistance available or to alter eligibility under— 
(1) title n, V, XVI, XVm, XIX, or XX of the Social Security 
Act; 
(2) the Education of the Handicapped Act; 
(3) the Rehabilitation Act of 1973; or 
(4) laws relating to veterans' benefits. 
29 use 2216. 
SEC.106. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appropriated to carry 
out this title $9,000,000 for the fiscal year 1989 and such sums as 
may be necessary for each succeeding fiscal year ending before 
October 1,1993. 
O
t
>
) RESERVATION.— 
(1) PROVISION OF INFORMATION.—The Secretary shall reserve 1 
percent of funds appropriated in any fiscal year under subsec-
tion (a), or $500,000, whichever is greater, for the purpose of 
providing States with information and technical assistance with 
respect to the development and implementation of consumer-
responsive statewide pr<^ams of technology-related assistance. 
(2) ONSITE VISITS.—The Secretary may reserve from amounts 
appropriated in any fiscal year under subsection (a) such sums 
as the Secretary considers necessary for the purposes of 
conducting onsite visits as required by section 105(aX2). 
29 use 2217. 
SEC 107. EVALUATION. 
(a) EJVALUATION.— 
Contracts. 
(1) IN GENERAL.—^The Secretary, directly or by contract, shall 
conduct a national evaluation of the program of grants to States 
authorized by this title. 
(2) REPORT TO CONGRESS.—The Secretary shall report to the 
Congress on the results of the evaluation conducted as required 
by paragraph (1) not later than October 1,1992. 
Qy) PURPOSE.—The purpose of the evaluation required by subsec-
tion (a) shall be— 
(1) to assess, through representative samples, the status and 
effects of State efforts to develop statewide prt^ams of tech-
nology-related assistance for individuals with disabilities in a 
manner consistent with the provisions of this title, particularly 
in terms of the impact of such efforts on individuals with 
disabilities; and 
PUBLIC LAW 100-407—AUG. 19, 1988 
102 STAT. 1059 
(2) to recommend amendments to this title that the Secretary 
considers necessary to assist States to fully accomplish the 
purposes of this title, 
(c) INFORMATION SYSTEM.—The Secretary shall work with the 
States to consider and develop an information system designed to 
report and compile, from information provided by the States, a 
qualitative and quantitative description of the impact of the pro-
gram of grants to States authorized by this title on— 
(1) the lives of individuals with disabilities, particularly with 
r ^ a r d to the purposes described in section 2(aX3); 
(2) public agencies; 
(3) fiscal resources committed to technology-related assistance 
for individuals with disabilities; 
(4) community-based organizations; and 
(5) employers. 
TITLE II—PROGRAMS OF NATIONAL 
SIGNIFICANCE 
PART A—STUDY ON FINANCING OF ASSISTIVE 
TECHNOLOGY DEVICES AND ASSISTIVE TECH-
NOLOGY SERVICES FOR INDIVIDUALS WITH 
DISABILITIES 
SEC. 201. STUDY BY NATIONAL COUNCIL ON THE HANDICAPPED. 
29 USC 2231. 
(a) STUDY AND RECOMMENDATIONS.—The National Council on the 
Handicapped (hereafter in this part referred to as the "Council"), in 
addition to the duties of the Council described in section 401 of the 
Rehabilitation Act of 1973, shall conduct a study and make rec-
ommendations to the Congress and the President concerning— 
(1) Federal laws, r^ulations, procedures, and practices that 
facilitate or impede the ability of the States to develop and 
implement consumer-responsive statewide programs of tech-
nol(^y-related assistance for individuals with disabilities; 
(2) Federal and State laws, regulations, procedures, and prac-
tices that facilitate or impede the acquisition of, financing of, or 
payment for assistive technology devices and assistive tech-
nology services for individuals with disabilities; 
(3) poUcies, practices, and procedures of private entities 
(including insurers) that facilitate or impede the acquisition of, 
financing of, or payment for assistive technology devices and 
assistive technol(^y services for individuals with disabilities; 
and 
(4) alternative strategies for acquiring or paying for assistive 
technol(^y devices and assistive technology services. 
(b) ADVISORY COMMITTEE.—The Council shadl appoint an advisory 
committee in accordance with section 404(c) of the Rehabilitation 
Act of 1973 to assist the Council in canning out the duties of the 
Council under this part. Such advisory committee shall be appointed 
from individuals from both the public and private sectors who have 
broad exi)erience and expertise directly relevant to the issues to be 
studied by the Council under this part, and shall also include 
individuals with disabilities, families of individuals with disabilities. 
102 STAT. 1060 
PUBLIC LAW 100-407—AUG. 19, 1988 
and representatives of organizations representing individuals with 
disabilities. 
(c) COOPERATION OF OTHER AGENCIES.— 
(1) FEDERAL AGENCIES.—The heads of all Federal agencies 
shall, to the extent not prohibited by law, cooperate with the 
Council in carrying out the duties of the Council under this 
part. 
(2) USE OF RESOURCES OF FEDERAL, STATE, AND LOCAL AGEN-
CIES.—The Council may use in carrjring out its duties under this 
part, with the consent of the agency involved, services, person-
nel, information, and facilities of other Federal, State, local, and 
private agencies, with or without reimbursement. 
(d) REPORTS.—The Council shall submit to the President and to the 
appropriate committees of the Congress— 
(1) such interim reports as the Council considers advisable; 
and 
(2) not later than 18 months after the date of the enactment of 
an Act providing appropriations to carry out this part, a final 
report of its study and investigation together with such rec-
ommendations, including specific proposals for legislation, as 
the Council considers advisable. 
PART 
B—NATIONAL 
INFORMATION 
AND 
PROGRAM 
REFERRAL 
NETWORK 
29 use 2241. 
SEC. 211. ESTABLISHMENT OF NATIONAL INFORMATION AND PROGRAM 
REFERRAL NETWORK. 
Before the end of the 30-month period beginning on the date of the 
enactment of an Act providing appropriations to carry out this part, 
the Secretary shall— 
(1) determine whether it is appropriate, based on the findings 
and recommendations of the study conducted under section 212, 
to establish and operate a national information and program 
referral network to assist States to develop and implement 
consumer-responsive statewide programs of technology-related 
assistance; and 
Contracts. 
(2) if the Secretary determines that establishment and oper-
ation of such a network is appropriate, enter into any contract 
or cooperative agreement necessary to establish and operate 
such a network, which may consist of information and program 
referral networks in existence or under development at the time 
of the study conducted under section 212. 
29 use 2242. 
SEC. 212. FEASIBILITY STUDY REQUIRED. 
(a) IN GENERAL.—The Secretary shall conduct a study— 
(1) to determine the feasibility and desirability of creating the 
network described in section 211; and 
(2) to determine the appropriate structure for the organiza-
tion and operation of such a network, if it is determined to be 
feasible and desirable. 
(b) CONTRACT AUTHORITY.—In carrying out the study required by 
subsection (a), the Secretary may enter into a contract or coopera-
tive agreement necessary to conduct the study. 
29 use 2243. 
SEC 213. CONTENTS OF STUDY. 
The study conducted under section 212 shall— 
PUBLIC LAW 100-407—AUG.. 19, 1988 
'- 
102 STAT. 1061 
(1) analyze the needs of States that are interested in develop-
ing and implementing consumer-responsive statewide programs 
of technol<^y-related assistance; 
(2) describe the tj^pes of information and program referral 
networks (including electronic networks) in existence or under 
development at the time of the study, including— 
(A) the types of information and program referral incor-
porated into or provided by such networks; 
(B) the cost of maintaining such networks; 
(C) the types of services provided by such networks; 
(D) the t3rpes and numbers of individuals served by such 
networks; 
(E) the location of such networks and accessibility to 
other networks; and 
(F) the feasibility and desirability of linking such net-
works, including proposed plans and an estimate of the cost 
of such a linkage; 
(3) analyze the impediments to the exchange of information 
and the development and operation of such networks; 
(4) describe the information that should be incorporated into a 
national information and pri^am referral network to ensure 
that the network serves the entire United States, in particular 
addressing the gaps in existing networks and methods of filling 
such gaps using networks in existence or under development at 
the time of the study; 
(5) describe the information systems from other fields of 
technolc^y development that may be incorporated into a na-
tional information and program referral network on technolc^y-
related assistance; 
(6) analyze the issues involved in operating a national 
information and p n ^ a m referral network; 
(7) analyze and describe management and cost projections for 
a national information and program referral network; 
(8) evaluate operational alternatives including at least the 
advantages and disadvantages of— 
(A) grant arrangements, contracting arrangements, or 
other funding mechanisms or arrangements, and the 
lengths of any such arrangements; 
(B) various network cond^gurations, including— 
(i) r^onally distributed; 
(ii) focused on functional limitations; 
(iii) age-focused; 
(iv) expertise-centered; and 
(v) other network configurations; 
(O costs associated with funding arrangements described 
in subparagraph (A) and network configurations described 
in subparagraph (B), and options for paying such costs, 
including the possible use of Federal funds, State funds, and 
other alternatives; 
(D) mechanisms of payment for information and pn^am 
referral services; 
(E) mechanisms for ensuring that information systems 
remain current, have relevant and useful information, and 
provide information in a form that allows individuals with 
disabilities to make effective use of the information; 
102 STAT. 1062 
PUBLIC LAW 100-407—AUG. 19, 1988 
Contracts. 
Reports. 
(F) forms of Federsd oversight and independent evalua-
tions that could be applied to a national information and 
pr<^ram referral network; 
(G) types of stafQng expertise required for different 
options; and 
(H) types of institutional oversight, such as governing 
boards and advisory panels; and 
(9) a timetable for implementation of various network options. 
29 use 2244. 
SEC. 214. TIMETABLE FOR STUDY. 
. 
(a) AWARD OF CONTRACT.—The Secretary shall, before the end of 
the six-month period beginning on the date of the enactment of an 
Act providing appropriations to carry out the study required by this 
part, enter into any contract or cooperative agreement necessary for 
conducting such study. 
(b) COMPLETION OF STUDY.—Any contract or agreement entered 
into under subsection (a) shall require the study to be completed and 
a report concerning such study to be submitted to the Secretary and 
to the appropriate committees of the Congress before the end of the 
18-month period b^inning on the date of the contract or agreement. 
(c) IMPLEMENTATION OF RECOMMENDATIONS.—The Secretary, after 
allowing for public comment on the report submitted under subsec-
tion Ot)), shall take appropriate action based on the report before the 
end of the 6-month period following the date on which the Secretary 
receives the report. 
PART C—TRAINING AND PUBLIC AWARENESS 
PROJECTS 
29 use 2251. 
SEC. 22L TRAINING. 
Contracts. 
(a) TECHNOLOGY TRAINING.— 
(1) GENERAL AUTHORITY.—The Secretary shall enter into con-
tracts or cooperative agreements with appropriate nonprofit or 
for-profit entities for the purposes of— 
(A) conducting training sessions; and 
(B) 
developing, 
demonstrating, 
disseminating, and 
evaluating curricula, materials, and methods used to train 
individuals regarding the provision of technology-related 
assistance. 
(2) ELIGIBLE ACTIYITIES.—Activities conducted under contracts 
or cooperative agreements entered into under paragraph (1) 
may address the training needs of individuals with disabilities, 
the families or representatives of individuals with disabilities, 
individuals who work for public agencies and private entities 
that have contact with individuals with disabilities (including 
insurers), employers, and other appropriate individuals. 
(b) TECHNOLOGY CAREERS.— 
(1) GENERAL AUTHORITY.—The Secretary shall make grants to 
assist institutions of higher education to prepare personnel for 
careers relating to the provision of technology-related assistance 
to individuals with disabilities. 
(2) PRIORITY.—In awarding grants under paragraph (1), the 
Secretary shall give priority to the prepsuxition of personnel 
who ¥nll provide technical assistance, administer programs, or 
prepare personnel necessary to support the development and 
PUBLIC LAW 100-407-AUG. 19, 1988 
102 STAT. 1063 
implementation of consumer-responsive statewide programs of 
technology-related assistance to individuals with disabilities. 
(3) USES OF FUNDS.—Amounts made available for grants under 
paragraph (1) may be used by institutions of higher education to 
assist in covering the cost of courses of training or study for 
such personnel and for establishing and maintaining fellow-
ships or traineeships with such stipends and allowances as may 
be determined by the Secretary. 
SEC. 222. PUBLIC AWARENESS PROJECTS. 
(a) PROGRAM AUTHORIZED.—The Secretary shall make grants to, 
or enter into contracts with, nonprofit and for-profit entities to carry 
out national projects that recognize and build awareness of the 
importance and efficacy of assistive technology devices and assistive 
technology services for individuals of all ages with disabilities func-
tioning in various settings of daily life. 
flb) USES OF FUNDS.—Amounts made available for grants and 
contracts under subsection (a) may be used to— 
(1) develop a national media campaign (including public serv-
ice time slots on radio and television); 
(2) convene national or regional conferences; 
(3) prepare and disseminate information (including sum-
maries, comparisons, analyses, and cost-benefit projections) 
concerning the efficacy of technology-related assistance; 
(4) encourage others to hold national or regional conferences; 
(5) develop and maintain recognition programs that are de-
signed to promote public credit to entities that demonstrate an 
aggressive effort for a sustained time to provide or promote the 
use of technology-related assistance or the development of 
assistive technology devices; and 
(6) other activities considered appropriate by the Secretary. 
SEC. 223. PRIORITIES. 
(a) IN GENERAL.—Beginning in fiscal year 1991, the Secretary 
shall— 
(1) establish priorities for activities carried out with assist-
ance under this part; 
(2) publish such priorities in the Federal Register for the 
purpose of receiving public comment; and 
(3) publish such priorities in the Federal Register in final 
form not later than the date on which the Secretary publishes 
grant announcements for grants made under this part. 
(b) EXPLANATION OF DETERMINATION OF PRIORITIES.—(Concurrent 
with the publication required by subsection (a), the Secretary shall 
publish in the Federal Register an explanation of how the priorities 
were determined. 
PART D—DEMONSTRATION AND INNOVATION 
PROJECTS 
Contracts. 
29 u s e 2252. 
Federal 
Register, 
publication. 
29 u s e 2253. 
SEC. 231. PROGRAM AUTHORIZED. 
(a) DEMONSTRATION AND INNOVATION PROJECTS.—The Secretary 
shall make grants to, or enter into contracts or cooperative agree-
ments with, nonprofit and for-profit entities to pay all or part of the 
cost of establishing or operating demonstration and innovation 
29 u s e 2261. 
Contracts. 
102 STAT. 1064 
PUBLIC LAW 100-407—AUG. 19, 1988 
projects relating to technology-related assistance for individuals 
with disabilities. 
(b) ELIGIBLE ACTIVITIES.—Amounts made available for purposes of 
carrying out this part may be used for the following activities: 
(1) MODEL PROJECTS FOR DEUVERING ASSISTIVE TECHNOLOGY 
DEVICES AND SERVICES.—The establishment or operation of 
model projects for delivering assistive technology devices and 
assistive technology services to individuals of all ages with 
disabilities functioning in various environments and carrying 
out various life activities (including model systems described in 
section lOKcXD of title I). 
(2) MODEL RESEARCH AND DEVELOPMENT PROJECTS.—The con-
duct of applied research and development projects, including 
projects designed to— 
(A) increase the availability of reliable and durable 
assistive technology devices that address unique, low-
market demand, or complex technology-related needs for 
individuals with disabilities; 
(B) develop strategies and techniques that involve individ-
uals with 
disabilities 
in 
assessing the 
performance 
characteristics of technology that is not designed specifi-
cally for individuals with disabilities and developing 
adaptations of such technology for individuals 
with 
disabilities; 
(C) assist in the transfer of technology that is not specifi-
cally designed for individuals with disabilities to uses 
appropriate for such individuals; and 
(D) facilitate effective and efficient technology transfer. 
(3) 
INCOME-CONTINGENT 
DIRECT 
LOAN 
DEMONSTRATION 
PROJECT.—Demonstration projects in accordance with regula-
tions issued by the Secretary (which may include a requirement 
that the Secretary shall provide an amount equal to not more 
than 90 percent of the amount required for any such project) to 
examine the feasibility of a direct loan progrgun that would 
provide loans— 
(A) to individuals with disabilities who require tech-
nology-related assistance in order to maintain a level of 
functioning or to achieve a greater level of functioning in 
any major life activity; or 
03) to the families or employers of individuals with 
disabilities, on behalf of such in(hviduals, for the purposes 
described in subparagraph (A). 
(c) REPORT TO CONGRESS ON EXTENSION OF DIRECT LOAN PRO-
GRAM.—^The Secretary shsdl, based on the projects assisted under 
subsection (bX3), report to Congress concerning the feasibility of 
operating a direct loan program of general applicability beginning 
after September 30,1993. 
PART E—AUTHORIZATION OF APPROPRIATIONS 
29 use 2271. 
SEC. 241. AUTHORIZATION OF APPROPRIATIONS. 
(a) GENERAL AUTHORITY.—There are authorized to be appro-
priated for purposes of canying out this title (other than section 
231(bXl)) $5,000,000 for the fiscal year 1989 and such sums as may be 
necessary for each of the fiscal years 1990, 1991, 1992, and 1993. 
PUBLIC LAW 100-407—AUG. 19, 1988 
102 STAT. 1065 
(b) MODEL DELIVERY PKOJECTS.—There are authorized to be appro-
priated for purposes of canying out section 231(bXl) $1,500,000 for 
the fLscal year 1989 and such sums as may be necessary for each of 
the fiscal years 1990,1991,1992, and 1993. 
(c) PRIORITIES.— 
(1) MODEL DELIVERY PROJECTS.—Notwithstanding any other 
provision of this Act, if amounts appropriated for purposes of 
carrying out this Act for the fiscal year 1989 equal or exceed 
$6,000,000, the Secretary shall first make available, from such 
amounts, not less than $500,000 for demonstration projects 
under section 2310t)Xl). 
(2) OTHER TITLE II ACTIVITIES.—(A) Of amounts appropriated 
under subsection (a) for the fiscal year 1989, the Secretary shall 
first make available not more than $250,000 for purposes of 
carrying out part A. 
(B) Subject to subparagraph (A), of amounts appropriated 
under subsection (a) for any fiscal year, the Secretary shall first 
make available, in order of priority— 
(i) not more than $750,000 for purposes of carrying out 
section 212; and 
(ii) such sums as may be necessary for purposes of carry-
ing out section 211. 
Approved August 19, 1988. 
LEGISLATIVE HISTORY—S. 2561 (H.R. 4904): 
HOUSE REPORTS: No. 100-819 accompanying H.R. 4904 (Comm. on Education and 
Labor). 
SENATE REPORTS: No. 100-438 (Ck)mm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Aug. 2, considered and passed Senate. 
Aug. 8, H.R. 4904 considered and passed House; proceedings vacated and S. 2561 
passed in lieu.