S.2561
One Hundredth Congress of the United States of America
At the Second Session
Begun and held at the City of Washington on Monday, January 25, 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".


SECTION 2. FINDINGS AND PURPOSES.

(a) FINDINGS.- The Congress makes the following findings:

(1) During the past decades, 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 living.

(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 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 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 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 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 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 the 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.


SECTION 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 disabiliti.es.

(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 term 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 of 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.- 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 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)(l).

(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


SECTION 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)(l).

(b) FUNCTIONS OF PROGRAMS.- Any State that receives a grant under this title
may accomplish the purposes described in section 2(b)(l) 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 ongoing evaluation of the needs
of such individuals for technology-related assistance, which my 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 devices and 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,
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 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 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 off 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
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 or 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 co-operative
agreements with other States to expand the capacity of the States
involved to assist individuals of al 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.


SECTION. 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, and
amount that is not less that $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 Samoa, 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 Samoa, 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 the 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 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 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 to 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 the 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 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 payment 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 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 the
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.


SECTION. 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 purposes described in section 2(b)(l).

(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 then $500,000.

(C) For purposes of this paragraph:

(i) The term "State" does not include the Virgin Islands,
Guam, American Samoa, 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 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 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 section 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 the 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, 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.


SECTION. 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(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 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 types of environments in which assistance was provided under the
grant; and

(3) how the information required by this subsection was derived.


SECTION. 105. ADMINISTRATIVE 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 an 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 travel time) 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 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(a)(2).


SEC. 107. EVALUATION.

(a) EVALUATION. -

(1) IN GENERAL.- The Secretary, directly of 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 that October 1, 1992.

(b) PURPOSE.- The purpose of the 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 the 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 purposes 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 State 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 for 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 the 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 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 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 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 of 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) types 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 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 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 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 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 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 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 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 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 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

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 in 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 DELIVER PROJECTS.- There are authorized to be appropriated for
purposes of carrying out section 231(b)(1) $l,500,000 for the fiscal year 1989
and such sums as may be necessary for each of the fiscal years 1990, 1991, 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.