CODI: Cornucopia of Disability Information

Tech Act


This is full text of the law that allows states to apply
for technology assistance for disabled persons. So
far a few of the states of the United States have received
awards based on this law. In NY State we have the TRAID
project. This is what just funded Mr Ambrose's ambitious project.
This law is excellent. Please share it and for the
International community, please take it to your elected
officials and ask they copy it. ****Tzipporah

 

PUBLIC LAW 100-407 -- AUG. 19, 1988

TECHNOLOGY-RELATED ASSISTANCE FOR
INDIVIDUALS WITH DISABILITIES ACT OF
1988

An Act

To establish a program of grants to States to promote the provision of
technology-related assistance to individuals with disabilities, 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.

This Act may be cited as the "Technology-Related Assistance for
Individuals With Disabilities Act of 1988".

SEC. 2. FINDINGS AND PURPOSES.

(a). FINDINGS.-- The Congress makes the following findings:
(1) During the past decade, there have been major advances in modern
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 individuals;
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 training, employment, residential
living, independent living, recreation, and other aspects of
daily life.
(5) The use of assistive technology devices and services by
individuals with disabilities can reduce the costs of the
disabilities to society, individuals with disabilities, and
families of individuals with disabilities by reducing
expenditures associated 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 technology services
that such individuals need to allow such individuals to function
in society commensurate with their abilities. States so 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 available 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;
(D) coordination among existing State human services programs,
and among such programs and private agencies, particularly
with respect to transitions between such programs and
agencies; and
(E) capacity of such programs to provide the necessary
technology-related assistance.
(7) There are insufficient incentives for the commercial pursuit 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
technology devices and assistive technology services. Also, the
Federal 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
private entities that have contact with individuals with
disabilities (including insurers), employers, and other
appropriate individuals.
(b) PURPOSES.-- The purpose 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 procedures
that facilitate or impede the availability or provision of
assistive technology devices and assistive technology
services;
(C) increase the availability of and funding for the provision of
assistive technology devices and assistive technology
services for individuals with disabilities;
(D) increase awareness and knowledge of the efficacy of assistive
technology devices and assistive technology services 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
insurers), employers, and other appropriate individuals;
(E) increase the capacity of public and private entities to
provide technology-related assistance, particularly assistive
technology devices and assistive technology services, and to
pay for the provision of assistive technology devices and
assistive technology services;
(F) increase coordination among State agencies and public 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
devices as such individuals make transition between services
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
technology 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
technology devices and assistive technology services; and
(B) funding for model demonstration and innovation projects.

SEC. 3. DEFINITIONS.

For purposes of this Act:
(1) ASSISTIVE TECHNOLOGY DEVICE. -- The term "assistive technology
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 technology
service" means any service that directly assists an individual
with a disability in the selection, acquisition, or use of an
assistive technology device. Such terms includes --
(A) the evaluation of the needs of an individual with a
disability, including a functional evaluation of the
individual 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 programs;
(E) training or technical assistance for an individual with
disabilities, or, where appropriate, the family of an
individual with disabilities; and
(F) training or technical assistance for professionals (including
individuals providing education and rehabilitation 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 DISABILITIES.-- The term "individual with
disabilities" means any individual--
(A) who is considered to have a disability or handicap for the
purpose 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 technology services to maintain a level of
functioning or to achieve a greater level of functioning in
any major life activity.
(4) INSTITUTION OF HIGHER EDUCATION.-- This 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 Tribally Controlled
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 several States, the District of Columbia, 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(b)(1).
(8) UNDERSERVED GROUP.-- The term "underserved group" means any group
of individuals with disabilities who, because of disability,
place of residence, geographic location, age, race, sex, or
socioeconomic status, have not historically sought, been eligible
for, or received technology-related assistance.

TITLE I -- GRANTS TO STATES

SEC. 101. PROGRAM AUTHORIZED.

(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 comprehensive
statewide programs of technology-related assistance that accomplish
the purpose described in section 2(b)(1).
(b) FUNCTIONS OF PROGRAMS.-- Any State that receives a grant under this
title may accomplish the purposes described in section 2(b)(1) by
carrying out any of the following functions:
(1) IDENTIFICATION AND NEEDS ASSESSMENT.-- Identification of
individuals with disabilities (including individuals from
underserved groups) who reside in the State and the conduct of an
ongoing evaluation of the needs of such individuals for
technology-related assistance, which may be based on existing
data.
(2) IDENTIFICATION AND COORDINATION OF RESOURCES.-- Identification
and coordination of Federal and State policies, resources, and
services relating to the provision of assistive technology
services to individuals with disabilities, including entering
into interagency agreements.
(3) PROVISION OF ASSISTIVE TECHNOLOGY DEVICES AND ASSISTIVE
TECHNOLOGY SERVICES.-- Provision of assistive technology devices
and assistive technology services to individuals with
disabilities and payment for the provision of assistive
technology 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 training 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 private entities
that have contact with individuals with disabilities (including
insurers), employers, and other appropriate individuals.
(6) PUBLIC AWARENESS PROGRAM.-- Conduct of a public awareness program
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 cooperative
initiatives between the public sector and the private sector to
facilitate the development and implementation of a statewide
program 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.-- Compilation and evaluation of appropriate data
relating to the program.
(11) PROCEDURES FOR INVOLVEMENT OF CONCERNED INDIVIDUALS.-- 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 program, and for the active
involvement to the maximum extent appropriate, of individuals
with disabilities who use assistive technology devices and
assistive technology services in decisions relating to such
assistive technology devices and assistive technology services.
(12) OTHER FUNCTIONS.-- Any other functions the Secretary considers
appropriate.
(c) AUTHORIZED ACTIVITIES.-- In carrying out the functions described in
subsection (b), 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
payment 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 technology
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 disabilities
within the State, categorized by residence, type and extent
of disabilities, age, race, gender, and ethnicity;
(B) a description of efforts during the fiscal year ending before
the date of the enactment of this Act to provide assistive
technology devices and assistive technology services to
individuals 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 and assistive technology
services, and a description of the devices and services
needed;
(D) the cost of providing assistive technology 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 available to
establish a statewide program of technology-related
assistance 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;
(G) a description of--
(i) alternative State-financed systems of subsidies and 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
devices, 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 representing
the State and individuals representing the private 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 and assistive technology services,
or support any existing organization or system that provides such
assistance.
(4) PUBLIC AWARENESS PROGRAM.-- The State may support a public
awareness 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 private entities
that have contact with individuals with disabilities (including
insurers), employers and other appropriate individuals, or may
establish and support such a program if no such program 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
technology services; and
(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 between 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
disabilities, and professionals who work in the field of
technology-related assistance, and other appropriate
individuals; and
(ii) the nature of the inquiries made by the individuals
described in clause (i).
(5) TRAINING AND TECHNICAL ASSISTANCE.-- The State may provide
directly or support public or private training and technical
assistance activities relating 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
private entities that have contact with individuals with
disabilities (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, conditions 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 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 cooperative
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 upgrade 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 activities
necessary for developing, implementing, or evaluating the
statewide program of technology-related assistance.

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 appropriated 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 appropriated, not
more than 20 grants on a competitive basis; and
(3) in the third fiscal year for which amounts are appropriated, 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 types 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 Somoa, the Commonwealth of the Northern Mariana
Islands, or the Trust Territory of the Pacific Islands.
(B) The term "territory" means the Virgin Islands, Guam, American
Somoa, the Commonwealth of the Northern Mariana Islands, and
the Trust Territory of the Pacific Islands.
(d) PRIORITIES FOR DISTRIBUTION.-- To the extent practicable, the
Secretary shall award grants to States under this section in a manner
that--
(1) is geographically 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 responsible
for--
(A) preparing the application;
(B) administering and supervising the use of amounts made
available under this grant;
(C) planning and developing the statewide program of technology-
related assistance;
(D) coordination between public and private agencies, including
the entering into of interagency agreements;
(E) ensuring active, timely, and meaningful participation by
individuals with disabilities, the families or
representatives of such individuals, and other appropriate
individuals with respect to performing functions and carrying
out activities under this 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 preparation of the
application and the continuing role of such agencies in the
development of the statewide program of technology-related
assistance.
(3) PUBLIC INVOLVEMENT.-- A description of the nature and extent of
involvement of individuals with disabilities, the families or
representatives of such individuals, and other appropriate
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) PRELIMINARY 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
program 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 program of
technology-related assistance.
(6) GOALS, OBJECTIVES, FUNCTIONS, ACTIVITIES, AND OUTCOMES.-- 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 statewide
program of technology-related assistance, consistent with the
purposes described in section 2(b)(1).
(7) INFORMATION AND EVALUATIONS.-- A description of--
(A) procedures used for compiling information; and
(B) procedures that will be used for conduct evaluations.
(8) STATE POLICIES WITH RESPECT TO CONTRACTS AND AGREEMENTS.-- 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 this grant will be equitably distributed
among all geographical areas of the State.
(10) COMPLIANCE WITH ACT.-- An assurance that amounts received 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 used 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 and assistive technology
services) that would have been paid with amounts available
from other sourced if amounts under the grant had not been
available, unless--
(i) such payment is made only to prevent a delay in the
receipt of appropriate technology-related assistance
(including the provision of assistive technology devices
and 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
under 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) COMMINGLING OF FUNDS.-- An assurance that amounts received under
this grant will not be commingled with State or other funds.
(15) FISCAL CONTROL AND ACCOUNTING PROCEDURES.-- An assurance that the
State will adopt such fiscal control and accounting procedures as
may be necessary to ensure proper disbursement of and accounting
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 individuals to effectively use such
information; and
(B) in preparing such information for dissemination, consider 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.
(17) OTHER INFORMATION.-- Such other information and assurances as the
Secretary may reasonably require.

SEC. 103. EXTENSION GRANTS.

(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 implementing a statewide
program of technology-related assistance under a grant provided under
section 102, consistent with the requirements of such section and the
purpose described in section 2(b)(1).
(b) AMOUNTS OF GRANTS--
(1) IN GENERAL.--
(A) From amounts appropriated under section 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 shall 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 Somoa, the Commonwealth of the Northern
Mariana Islands, or the Trust Territory of the Pacific
Islands.
(ii) The term "territory" means the Virgin Islands, Guam,
American Somoa, 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 the purposes of carrying out
the provisions of this section shall first be made available to
States 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 representatives
of individuals with disabilities, and other appropriate
individuals within the State.
(2) ACTIVITIES UNDER DEVELOPMENT GRANT.-- A description of the
specific activities carried out under the development grant
received under 102 and the relationship of such activities 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 program of
technology-related assistance.
(4) PUBLIC INVOLVEMENT.-- A description of State actions designed 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 development
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 implementation of a
consumer-responsive statewide program of technology-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 representatives 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 preliminary
needs assessment described in section 102(e)(4).
(7) COMPATIBILITY AND ACCESSIBILITY OF ELECTRONIC EQUIPMENT.-- An
assurance that the State will comply with guidelines established
under section 508 of the Rehabilitation Act of 1973.

SEC. 104. PROGRESS REPORTS.

(a) IN GENERAL.-- Each State that receives a grant under this title shall
submit to the Secretary annually a report the describes--
(1) completed activities carried out under the grant, especially with
regard to section 102(e)(6), including, to the extent
appropriate, a description of the impact of such activities on
individuals 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;
(3) activities planned to rectify such problems in the following
year.
(b) SPECIFIC REQUIREMENTS FOR REPORTS WITH RESPECT TO EXTENSION GRANTS.--
Each State that receives a development grant under section 102 may
include, and each State the 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 types of environments in which assistance was provided under
the grant; and
(3) how the information required by this subsection was derived.

SEC. 105. ADMINISTRATION PROVISIONS.

(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 purpose of
this title.
(2) ONSITE VISITS.--
(A) The Secretary shall conduct on onsite visit during the final
year of each State's participation in the development grant
program. Two-thirds of the onsite monitoring team in each
case shall be qualified peer reviewers from other
participating States.
(B) (i) 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 they 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) 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 (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.
(3) MINIMUM REQUIREMENTS.-- At a minimum the visits shall allow the
Secretary to determine the extent to which the State is making
significant progress in developing a statewide program of
technology-related assistance consistent with the purposes
described in section 2(b)(1).
(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.
(b) CORRECTIVE ACTION PLAN.--
(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 requirements
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 appeals
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 (a)(4).
(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 II, V, XVI, XVIII, 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.

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.
(b) RESERVATION.--
(1) PROVISION OF INFORMATION.-- The Secretary shall reserve 1 percent
of funds appropriated in any fiscal year under subsection (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 programs of technology-related assistance.
(2) ONSITE VISITS.-- The Secretary shall 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(a)(2).

SEC. 107. EVALUATION.

(a) EVALUATION.--
(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.
(b) PURPOSE.-- The purpose of this evaluation required by subsection (a)
shall be--
(1) to assess, through representative samples, the status and effects
of State efforts to develop statewide programs of technology-
related assistance for individuals with disabilities in a manner
consistent with provisions of this title, particularly in terms
of the impact of such efforts on individuals with disabilities;
and
(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 program of grants to
States authorized by this title on--
(1) the lives of individuals with disabilities, particularly with
regard to the purpose described in section 2(a)(3);
(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
TECHNOLOGY SERVICES FOR INDIVIDUALS WITH DISABILITIES

SEC. 201. STUDY BY NATIONAL COUNCIL ON THE HANDICAPPED.

(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
recommendations to the Congress and the President concerning--
(1) Federal laws, regulations, procedures, and practices that
facilitate or impede the ability of the States to develop and
implement consumer-responsive statewide programs of technology-
related assistance for individuals with disabilities;
(2) Federal and State laws, regulations, procedures, and practices
that facilitate or impede the acquisition of, financing of, or
payment for assistive technology devices and assistive technology
services for individuals with disabilities;
(3) policies, 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 technology services for individuals with disabilities;
and
(4) alternative strategies for acquiring or paying assistive
technology devices and assistive technology services.
(b) ADVISORY COMMITTEE.-- The Council shall appoint an advisory committee
in accordance with section 404(c) of the Rehabilitation Act of 1973
to assist the Council in carrying 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
experience 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, 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 AGENCIES.-- The
Council may use in carrying out its duties under this part, with
the consent of the agency involved, services, personnel,
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 enactment of an Act
providing appropriations to carry out this part, a final report
of its study and investigation together with such
recommendations, including specific proposals for legislation, as
the Council considers advisable.

PART B -- NATIONAL INFORMATION AND PROGRAM REFERRAL NETWORK

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
(2) if the Secretary determines that the establishment and operation
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.

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 organization and
operation of such a network, if it 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
cooperative agreement necessary to conduct the study.

SEC. 213. CONTENTS OF STUDY.

The study conducted under section 212 shall--
(1) analyze the needs of States that are interested in developing and
implementing consumer-responsive statewide programs of
technology-related assistance;
(2) describe the types 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 incorporated
into or provided by such networks;
(B) the cost of maintaining such networks;
(C) the types of services provided by such networks;
(D) the types 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 networks,
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 program 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 technology
development that may be incorporated into a national information
and program referral network on technology-related assistance;
(6) analyze the issues involved in operating a national information
and program 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 if any
such arrangements;
(B) various network configurations, including--
(i) regionally distributed;
(ii) focused on functional limitations
(iii) age-focused;
(iv) expertise-centered; and
(v) other network configurations;
(C) 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 program 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;
(F) forms of Federal oversight and independent evaluations that
could be applied to a national information and program
referral network;
(G) types of staffing expertise required for different options;
and
(H) type of institutional oversight, such as governing boards
and advisory panels; and
(9) a timetable for implementation of various network options.

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 beginning on the date of the contract or agreement.
(c) IMPLEMENTATION OF RECOMMENDATIONS.-- The Secretary, after allowing
for public comment on the report submitted under subsection (b),
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

SEC. 221. TRAINING.

(a) TECHNOLOGY TRAINING.--
(1) GENERAL AUTHORITY.-- The Secretary shall enter into contracts or
cooperative agreements with appropriate nonprofit or for-profit
entities for the purpose 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 ACTIVITIES.-- 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 contract 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 preparation of personnel who will
provide technical assistance, administer programs, or prepare
personnel necessary to support the development and 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 fellowships
or traineeship 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
functioning in various settings of daily life.
(b) 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 service time
slots on radio and television);
(2) convene national or regional conferences;
(3) prepare and disseminate information (including summaries,
comparisons, analyses, and coat-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 designed 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 assistance
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 in 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

SEC. 231 PROGRAM AUTHORIZED.

(a) DEMONSTRATION AND INNOVATION PROJECTS.-- The Secretary shall make
grants to, or enter into contracts or cooperative agreements with,
nonprofit and for-profit entities to pay all or part of the cost of
establishing or operating demonstration and innovation 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 DELIVERING 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 101(c)(1) of
title I).
(2) MODEL RESEARCH AND DEVELOPMENT PROJECTS.-- The conduct 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 individuals
with disabilities in assessing the performance
characteristics of technology that is not designed
specifically for individuals with disabilities and developing
adaptations of such technology for individuals with
disabilities;
(C) assist in the transfer of technology that is not specifically
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 regulations 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 program that would provide loans--
(A) to individuals with disabilities who require technology-
related assistance in order to maintain a level of
functioning or to achieve a greater level of functioning in
any major life activity; or
(B) to the families or employers of individuals with
disabilities, on behalf of such individuals, for the purposes
described on subparagraph (A).
(c) REPORT TO CONGRESS ON EXTENSION OF DIRECT LOAN PROGRAM.-- The
Secretary shall, based on the projects assisted under subsection
(b)(3), 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

SEC. 241. AUTHORIZATION OF APPROPRIATIONS.

(a) GENERAL AUTHORITY.-- There are authorized to be appropriated for
purposes of carrying out this title (other than section 231(b)(1))
$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.
(b) MODEL DELIVERY PROJECTS.-- There are authorized to be appropriated
for purposes of carrying out section 231(b)(1) $1,500,000 for the
fiscal 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 231(b)(1).
(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 carrying
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 (Comm. on Labor and Human Resources).
CONGRESSIONAL RECORD, Vol. 134 (1988)
Aug. 2, considered and passed Senate.
Aug. 8, considered and passed House, proceedings vacated and S. 2561
passed in lieu.