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PUBLIC LAW 103-218—MAR. 9, 1994 TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES ACT AMENDMENTS OF 1994 79-139O-94-1(218) 108 STAT. 50 PUBLIC LAW 103-218—MAR. 9, 1994 Public Law 103- 218 103d Congress An Act Mar. 9, 1994 ToreviseandextendtheprogramsoftheTechnology-RelatedAssistanceforIndivid- [H.R. 2339] ualsWithDisabilitiesActof1988,andforotherpurposes. Be it enacted by the Senate and House of Representatives of Technology- the UnitedStatesofAmericain Congressassembled, Related Assistancefor SECTION1.SHORTTITLE;TABLEOFCONTENTS. DIinsdaibviildiutailessWAcitth (a) Short Title.—This Act may be cited as the "Technology- Amendmentsof Related Assistance for Individuals With Disabilities Act Amend- 1994. ments of1994". 29USC2201 (b) Table of Contents.—The table of contents for this Act note. is asfollows: Sec. 1. Shorttitle;tableofcontents. Sec. 2. References. Sec. 3. Findings,purposes,andpolicy. Sec. 4. Definitions. TITLEI—GRANTSTOSTATES Sec. 101. Programauthorized. Sec. 102. Developmentgrants. Sec. 103. Extensiongrants. Sec. 104. Progresscriteriaandreports. Sec. 105. Administrativeprovisions. Sec. 106. Authorizationofappropriations. Sec. 107. Repeals. TITLE II—PROGRAMSOFNATIONALSIGNIFICANCE Sec. 201. Nationalclassificationsystem. Sec. 202. Traininganddemonstrationprojects. TITLEIII—ALTERNATIVEFINANCINGMECHANISMS Sec. 301. Alternativefinancingmechanismsauthorized. TITLEIV—AMENDMENTSTOOTHERACTS Sec. 401. IndividualswithDisabilitiesEducationAct. Sec. 402. RehabilitationActof1973. Sec. 403. AdministrativerequirementsundertheHeadStartAct. Sec. 404. Technicalandconformingamendments. TITLEV—EFFECTIVE DATE Sec. 501. Effectivedate. SEC.2.REFERENCES. Except as otherwise specifically provided, whenever in this Act an amendment orrepeal is expressed in terms ofan amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Technology-Related Assistance for Individuals With Disabilities Act of1988 (29U.S.C. 2201 etseq.). — —— u PL to?-bit- PUBLIC LAW 103-218—MAR. 9, 1994 108 STAT. 51 SEC.3.FINDINGS,PURPOSES,ANDPOLICY. (a) Section Heading.—Section 2 (29 U.S.C. 2201) is amended bystrikingtheheadingandinsertingthefollowing: "SEC.2.FINDINGS,PURPOSES,ANDPOLICY.". (b) FINDINGS.—Section 2(a) (29 U.S.C. 2201(a)) is amended toreadas follows: "(a)Findings.—TheCongressfindsas follows: "(1) Disability is a natural part of the human experience andinnowaydiminishesthe rightofindividuals to "(A)liveindependently; "(B)enjoyself-determination; "(C)make choices; "(D)pursuemeaningful careers; and "(E) enjoy full inclusion and integration in the eco- nomic, political, social, cultural, and educational main- streamofAmerican society. "(2) During the past decade, there have been major advances in modern technology. Technology is now a powerful force in the lives of all residents of the United States. Tech- nology can provide important tools for making the performance oftasksquickerandeasier. "(3) For some individuals with disabilities, assistive technology devices and assistive technology services are necessary toenabletheindividuals "(A)tohavegreatercontrol overtheirlives; "(B) to participate in, and contribute more fully to, activities in their home, school, and work environments, andintheircommunities; "(C) to interact to a greater extent with individuals whodonothave disabilities; and "(D) to otherwise benefit from opportunities that are taken for granted by individuals who do not have disabilities. "(4) Substantial progresshasbeen made inthe development ofassistive technology devices, includingadaptations to existing equipment, that significantly benefit individuals with disabilities of all ages. Such devices can be used to increase the involvement of such individuals in, and reduce expenditures associated with, programs and activities such as early interven- tion, education, rehabilitation and training, employment, resi- dential living, independent living, recreation, and other aspects ofdailyliving. "(5) Most States have technology-related assistance programs carried out under this Act. In spite of the efforts made by such programs, there remains a need to support systems change and advocacy activities in order to assist States to develop and implement consumer-responsive, comprehensive statewide programs oftechnology-related assistance for individualswith disabilitiesofall ages. "(6) Notwithstanding the efforts of such State technology- related assistance programs, thereis still alackof "(A) resources to pay for assistive technology devices and assistive technologyservices; "(B) trained personnel to assist individuals with disabilities to use such devices and services; — 108 STAT. 52 PUBLIC LAW 103-218—MAR. 9, 1994 "(C) information among individuals with disabilities and their family members, guardians, advocates, and authorized representatives, individuals who workfor public agencies, or for private entities (including insurers), that have contact with individuals with disabilities, educators and related service personnel, technologyexperts (including engineers), employers, and other appropriate individuals about the availability and potential of technology for individualswith disabilities; "(D) aggressive outreach to underrepresented populations andrural populations; "(E) systems that ensure timely acquisition and delivery ofassistive technology devices and assistive technology services, particularlywithrespecttochildren; "(F) coordination among State human services programs, and between such programs and private entities, particularly with respect to transitions between such programs andentities; and "(G) capacityin such programs to provide the necessary technology-related assistance. "(7) Many individuals with disabilities cannot access existing telecommunications and information technologies and are at risk of not being able to access developing technologies. The failure ofFederal and State governments, hardware manu- facturers, software designers, information systems managers, and telecommunications service providers to account for the specific needs of individuals with disabilities results in the exclusion of such individuals from the use of telecommunications andinformation technologies and results in unnecessary costs associated with the retrofitting of devices and product systems. "(8) There are insufficient incentives for the commercial pursuit of the application of technology devices to meet the needs ofindividuals with disabilities, because ofthe perception thatsuchindividuals constitute alimitedmarket. "(9) At the Federal level, there is a lack of coordination amongagencies that provide orpayforthe provision ofassistive technology devices and assistive technology services. In addi- tion, 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 and their family members, guardians, advocates, and authorized representatives, individuals who workfor public agencies, orforprivate entities (includinginsur- ers), that have contact with individuals with disabilities, educators and related services personnel, technology experts (including engineers), employers, and other appropriate individuals.". (c) Purposes.—Section 2(b) (29 U.S.C. 2201(b)) is amended toread as follows: — "(b) Purposes. The purposesofthisActare as follows: "(1) To provide financial assistance to the States to support systems change and advocacy activities designed to assist each State in developing and implementing a consumer-responsive comprehensive statewide program of technology-related assistance, for individuals with disabilities of all ages, that is designed to — PUBLIC LAW 103-218—MAR. 9, 1994 108 STAT. 53 "(A) increase the availability of, funding for, access to, and provision of, assistive technology devices and assistivetechnologyservices; "(B) increase the active involvement ofindividuals with disabilities and their family members, guardians, advocates, and authorized representatives, in the planning, development, implementation, and evaluation of such a program; "(C) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, or authorized representatives, in decisions related to the provision of assistive technology devices and assistive technologyservices; "(D) increase the provision of outreach to underrepresented populations and rural populations, to enable the two populations to enjoy the benefits of programs carried out to accomplish purposes described in this paragraph to the same extentas otherpopulations; "(E) increase and promote coordination among State agencies, and between State agencies and private entities, that are involved in carrying out activities under this title, particularly providing assistive technology devices and assistive technology services, that accomplish a purpose describedin anothersubparagraph ofthis paragraph; "(F)(i) increase the awareness oflaws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or provision ofassistive tech- nologydevices and assistive technologyservices; and "(ii) facilitate the change oflaws, regulations, policies, practices, procedures, and organizational structures, that impede the availability or provision ofassistive technology devices and assistivetechnologyservices; "(G) increase the probability that individuals with disabilities of all ages will, to the extent appropriate, be able to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by human service agencies or between settings ofdailyliving; "(H) enhance the skills and competencies ofindividuals involved in providing assistive technology devices and assistivetechnologyservices; "(I) increase awareness and knowledge of the efficacy of assistive technology devices and assistive technology services among "(i) individuals with disabilities and their family members, guardians, advocates, and authorized representatives; "(ii) individuals who work for public agencies, or for private entities (including insurers), that have con- tactwithindividualswith disabilities; "(iii)educators andrelated servicespersonnel; "(iv)technologyexperts (includingengineers); "(v)employers; and "(vi)otherappropriateindividuals; "(J) increase the capacity ofpublic agencies and private entities to provide and pay for assistive technology devices —— — 108 STAT. 54 PUBLIC LAW 103-218—MAR. 9, 1994 and assistive technology services on a statewide basis for individuals with disabilities ofall ages; and a(K) increase the awareness ofthe needs ofindividuals with disabilities for assistive technology devices and for assistive technologyservices. "(2) To identify Federal policies that facilitate payment for assistive technology devices and assistive technology services, to identify Federal policies that impede such payment, andto eliminateinappropriatebarriersto such payment. "(3) To enhance the ability of the Federal Government to provide States with "(A) technical assistance, information, training, and public awareness programs relating to the provision of assistive technology devices and assistive technology services; and "(B)fundingfordemonstrationprojects.", (d) Policy.—Section 2 (29 U.S.C. 2201) is amended by adding attheend the following: "(c) Policy.—It is the policy of the United States that all programs, projects, and activities receiving assistance under this Act shall be consumer-responsive and shall be carried out in a mannerconsistentwith the principles of— "(1) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based oninformedchoice, ofindividualswithdisabilities; "(2) respect forthe privacy, rights, and equal access (includ- ingtheuseofaccessibleformats), ofsuchindividuals; "(3) inclusion, integration, and full participation of such individuals; "(4) support for the involvement of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such support; and "(5) support for individual and systems advocacy and communityinvolvement." SEC.4.DEFINITIONS. Section3 (29U.S.C. 2202)is amended— (1) by redesignating paragraphs (1) through (8) as paragraphs (2), (3), (7), (8), (10), (11), (13), and (14), respectively; (2) by inserting before paragraph (2) (as redesignated by paragraph(1))the following: "(1) Advocacy services.—The term 'advocacy services', except as used as part of the term 'protection and advocacy services', means services "(A) provided to assist individuals with disabilities and their family members, guardians, advocates, and authorized representatives in accessing assistive technology devices and assistive technologyservices; and "(B) providedthrough "(i) individual case management for individuals with disabilities; "(ii) representation of individuals with disabilities (other than representation within the definition of protection and advocacyservices); "(iii) training of individuals with disabilities and their family members, guardians, advocates, and — — —— — PUBLIC LAW 103-218—MAR. 9, 1994 108 STAT. 55 authorized representatives to successfully conduct advocacyforthemselves; or "(iv)disseminationofinformation."; (3) in paragraph (3)(E) (as redesignated by paragraph (1)), by striking "family" and all that follows and inserting "the family members, guardians, advocates, or authorized representatives ofsuch anindividual; and"; (4) by inserting after paragraph (3) (as redesignated by paragraph(1))the following: "(4) Comprehensiv—e statewide program of technology- related ASSISTANCE. The term 'comprehensive statewide program of technology-related assistance' means a statewide program of technology-related assistance developed and imple- mentedbya State undertitle I that "(A) addresses the needs ofall individuals with disabilities, including members of underrepresented populations andmembers ofrural populations; "(B) addresses such needs without regard to the age, type ofdisability, race, ethnicity, or gender ofsuch individuals, or the particular major life activity for which such individuals needthe assistance; and "(C) addresses such needs without requiring that the assistance be provided through any particular agency or service deliverysystem. "(5) Consumer-responsive.—The term 'consumer-responsive* means, with respect to an entity, program, or activity, thatthe entity, program, oractivity "(A) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives; "(B) responds to the needs of individuals with disabilities in a timelyand appropriate manner; and "(C) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural populations) and their family members, guardians, advocates, and author- izedrepresentatives, in "(i) decisions relating to the provision of assistive • technology devices and assistive technology services; and "(ii) the planning, development, implementation, and evaluation of the comprehensive statewide pro- gramoftech—nology-related assistance. "(6) Disability. The term 'disability* means a condition ofan individual that is considered to be a disability or handicap for the purposes of any Federal law other than this Act or for the purposes ofthe law ofthe State in which the individual resides. ; (5) by striking paragraph (7) (as redesignated by paragraph (1)) and insertingthe following: "(7) Individual with a disability; individuals with disabilities. — "(A) Individual with a disability. The term 'individ- ualwith a disability'means any individual "(i)whohas a disability; and "(ii) who is or would be enabled by an assistive technology device or an assistive technology service — ——— 108 STAT. 56 PUBLIC LAW 103-218—MAR. 9, 1994 to minimize deterioration in functioning, to maintain a level of functioning, or to achieve a greater level offunctioninginanymajorlife activity. "(B) Individuals with disabilities.—The term 'individuals with disabilities' means more than one individ- ualwitha disability."; (6) in paragraph (8) (as redesignated by paragraph (1)) (A) by striking "section 435(b)" and inserting "section 1201(a)"; and (B) by striking "1965" and inserting "1965 (20 U.S.C. 1141(a))"; (7) by inserting after paragraph (8) (as redesignated by paragraph(1))the following: "(9) Protection and advocacy services.—The term 'protection and advocacyservices'means services that "(A) are described in part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.), the Protection and Advocacy for Mentally 111 Individuals Act (42 U.S.C. 10801 et seq.), or section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e); and "(B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services."; (8) in paragraph (11) (as redesignated by paragraph (1)) (A) by striking "several States" and inserting "several States ofthe United States"; (B) by striking "Virgin Islands" and inserting "United StatesVirgin Islands"; and (C) by striking "the Trust Territory of the Pacific Islands" and inserting "the Republic of Palau (until the CompactofFreeAssociationwith Palautakes effect)"; (9) by inserting after such paragraph (11) the foll—owing: "(12) Systems change and advocacy activities. The term 'systems change and advocacy activities' means efforts that result in laws, regulations, policies, practices, or organizational structures that promote consumer-responsive programs or entities and that facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services on a permanent basis, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the commu- nityandthe workforce."; (10) in paragraph (13) (as redesignated by paragraph (1)) (A) by striking "functions performed and activities carried out under section 101" and inserting "assistance provided through systems change and advocacy activities"; and (B) by inserting "any of subparagraphs (A) through (K) ofbefore "section 2(b)(1)"; and (11) by amending paragraph (14) (as redesignated by paragraph (1)) toread as follows: — "(14) Underrepresented population. The term 'underrepresented population' includes a population such as minorities, the poor, and persons with limited-English pro- ficiency.". — —— —— — PUBLIC LAW 103-218—MAR. 9, 1994 108 STAT. 57 TITLE I—GRANTS TO STATES SEC.101.PROGRAMAUTHORIZED. (a) Grants to States.—Section 101(a) (29 U.S.C. 2211(a)) is amended (1) by inserting after "provisions ofthis title" the following: "to support systems change and advocacy activities designed ; and (2) by striking "to develop and implement" and inserting "in developingandimplementing". (b) Activities.—Section 101 (29 U.S.C. 2211) is amended by strikingsubsections—(b) and(c) andinsertingthefollowing: "(b) Activities. Any State that receives a grant under section 102 or 103 shall use the funds made available through the grant to accomplish the purposes described in section 2(b)(1) and, in accomplishing such purposes, may carry out any of the following systems change and advocacyactivities: "(1) —Model systems and alternative state-financed SYSTEMS. The State may support activities to increase access to, andfundingfor, assistive technology, including "(A) the development, and evaluation of the efficacy, ofmodel delivery systems that provide assistive technology devicesand assistivetechnologyservicestoindividualswith disabilities, that pay for such devices and services, and that, ifsuccessful, could be replicated or generally applied, suchas "(i) the development of systems for the purchase, lease, other acquisition, or payment for the provision, ofassistive technology devices and assistive technology services;or "(ii) the establishment of alternative State or pri- vately financed systems of subsidies for the provision ofassistive technology devices and assistive technology services, suchas "(I) a loan system for assistive technology devices; "(II)anincome-contingentloanfund; "(III)alow-interestloanfund; "(IV)arevolvingloanfund; "(V)aloaninsuranceprogram;or "(VI) a partnership with private entities for the purchase, lease, or other acquisition of assistive technology devices and the provision of assistivetechnologyservices; "(B) the demonstration ofassistive technology devices, including "(i) the provision of a location or locations within the Statewhere "(I) individuals with disabilities and theirfam- ily members, guardians, advocates, and authorized representatives; "(II) education, rehabilitation, health care, and otherserviceproviders; "(III) individuals who work for Federal, State, orlocalgovernmententities; and "(IV)employers, — 108 STAT. 58 PUBLIC LAW 103-218—MAR. 9, 1994 can see and touch assistive technology devices, and learn about the devices from personnel who are famil- iarwithsuchdevices andtheirapplications; "(ii) the provision of counseling and assistance to individuals with disabilities and their family members, guardians, advocates, and authorized representatives to determine individual needs for assistive technology devices andassistivetechnologyservices; and "(hi) the demonstration or short-term loan of assistive technology devices to individuals, employers, public agencies, or public accommodations seeking strategies to comply with the Americans with Disabil- ities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and "(C) the establishment of information systems about, and recycling centers for, the redistribution of assistive technology devices and equipment that may include device andequipmentloans, rentals, orgifts. "(2) Interagency coordination.—-The State may support activities "(A) to identify and coordinate Federal and State policies, resources, and services, relating to the provision of assistive technology devices and assistive technology services, includingenteringintointeragencyagreements; "(B) to convene interagency work groups to enhance public funding options and coordinate access to funding for assistive technology devices and assistive technology services for individuals with disabilities of all ages, with special attention to the issues oftransition (such as transition from school to work, and transition from participation H in programs under part ofthe Individuals with Disabil- ities EducationAct(20 U.S.C. 1471 et seq.), to participation in programs under part B of such Act (20 U.S.C. 1411 etseq.))homeuse, andindividual involvementinthe identi- fication, planning, use, delivery, and evaluation of such devices andservices; or "(C) to document and disseminate information about interagency activities that promote coordination with respect to assistive technology devices and assistive technology services, including evidence of increased participation of State and local special education, vocational rehabilitation, and State medical assistance agencies and departments. — "(3) Outreach. The State may carry out activities to encourage the creation or maintenance of, support, or provide assistance to, statewide and community-based organizations, or systems, that provide assistive technology devices and assistive technology services to individuals with disabilities or that assist individuals with disabilities in using assistive technology devices and assistive technology services. Such activities may include outreach to consumer organizations and groups in the State to coordinate the activities ofthe organizations and groups with efforts (including self-help, support groups, and peer mentoring) to assist individuals with disabilities andtheirfamilymembers, guardians, advocates, orauthor-