H. Res. 351

In the House of Representatives, U. S.,

February 8, 1994.

Resolved, That upon adoption of this resolution the bill

(H.R. 2339) to revise and extend the programs of the Technology-Related Assistance for Individuals With Disabilities

Act of 1988, and for other purposes be and is hereby taken

from the Speaker’s table to the end that the Senate amendment to the text of the bill be and is hereby agreed to with

the following amendment:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Technology-Related Assistance for Individuals With Disabilities

Act Amendments of 1994’’.

(b) TABLE OF CONTENTS.—The table of contents for

this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. Findings, purposes, and policy.

Sec. 4. Definitions.

TITLE I—GRANTS TO STATES

Sec. 101. Program authorized.

Sec. 102. Development grants.

Sec. 103. Extension grants.

Sec. 104. Progress criteria and reports.

Sec. 105. Administrative provisions.
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Sec. 106. Authorization of appropriations.

Sec. 107. Repeals.

TITLE II—PROGRAMS OF NATIONAL SIGNIFICANCE

Sec. 201. National classification system.

Sec. 202. Training and demonstration projects.

TITLE III—ALTERNATIVE FINANCING MECHANISMS

Sec. 301. Alternative financing mechanisms authorized.

TITLE IV—AMENDMENTS TO OTHER ACTS

Sec. 401. Individuals with Disabilities Education Act.

Sec. 402. Rehabilitation Act of 1973.

Sec. 403. Administrative requirements under the Head Start Act.

Sec. 404. Technical and conforming amendments.

TITLE V—EFFECTIVE DATE

Sec. 501. Effective date.

SEC. 2. REFERENCES.

Except as otherwise specifically provided, whenever in

this Act an amendment or repeal is expressed in terms of an

amendment to, or a repeal of, a section or other provision,

the reference shall be considered to be made to a section or

other provision of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C. 2201 et

seq.).

SEC. 3. FINDINGS, PURPOSES, AND POLICY.

(a) SECTION HEADING.—Section 2 (29 U.S.C. 2201) is

amended by striking the heading and inserting the following:

‘‘SEC. 2. FINDINGS, PURPOSES, AND POLICY.’’.

(b) FINDINGS.—Section 2(a) (29 U.S.C. 2201(a)) is

amended to read as follows:

‘‘(a) FINDINGS.—The Congress finds as follows:
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‘‘(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals

to—

‘‘(A) live independently;

‘‘(B) enjoy self-determination;

‘‘(C) make choices;

‘‘(D) pursue meaningful careers; and

‘‘(E) enjoy full inclusion and integration in the

economic, political, social, cultural, and educational

mainstream of American 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. Technology can provide important tools for making the performance of tasks quicker and easier.

‘‘(3) For some individuals with disabilities, assistive

technology devices and assistive technology services are

necessary to enable the individuals—

‘‘(A) to have greater control over their lives;

‘‘(B) to participate in, and contribute more

fully to, activities in their home, school, and work

environments, and in their communities;

‘‘(C) to interact to a greater extent with individuals who do not have disabilities; and
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‘‘(D) to otherwise benefit from opportunities

that are taken for granted by individuals who do

not have disabilities.

‘‘(4) Substantial progress has been made in the development of assistive technology devices, including adaptations 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 intervention, education, rehabilitation and training, employment, residential living, independent living, recreation, and other aspects of daily living.

‘‘(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 of technology-related assistance for individuals with disabilities

of all ages.

‘‘(6) Notwithstanding the efforts of such State technology-related assistance programs, there is still a lack

of—
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‘‘(A) resources to pay for assistive technology

devices and assistive technology services;

‘‘(B) trained personnel to assist individuals

with disabilities to use such devices and services;

‘‘(C) information among individuals with disabilities and their family members, guardians, advocates, and authorized representatives, individuals

who work for public agencies, or for private entities

(including insurers), that have contact with individuals with disabilities, educators and related service

personnel, technology experts (including engineers),

employers, and other appropriate individuals about

the availability and potential of technology for individuals with disabilities;

‘‘(D) aggressive outreach to underrepresented

populations and rural populations;

‘‘(E) systems that ensure timely acquisition

and delivery of assistive technology devices and

assistive technology services, particularly with respect to children;

‘‘(F) coordination among State human services

programs, and between such programs and private

entities, particularly with respect to transitions between such programs and entities; and
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‘‘(G) capacity in 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 of Federal and State governments, hardware manufacturers, 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 and information technologies and results in unnecessary costs

associated with the retrofitting of devices and product

systems.

‘‘(8) There are insufficient incentives for the commercial pursuit of the application of technology devices

to meet the needs of individuals with disabilities, because

of the perception that such individuals constitute a limited market.

‘‘(9) At the Federal level, there is a lack of coordination among agencies that provide or pay for the provision of assistive technology devices and assistive technology services. In addition, the Federal Government

does not provide adequate assistance and information

with respect to the use of assistive technology devices
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and assistive technology services to individuals with disabilities and their family members, guardians, advocates,

and authorized representatives, individuals who work for

public agencies, or for private entities (including insurers), that have contact with individuals with disabilities,

educators and related services personnel, technology experts (including engineers), employers, and other appropriate individuals.’’.

(c) PURPOSES.—Section 2(b) (29 U.S.C. 2201(b)) is

amended to read as follows:

‘‘(b) PURPOSES.—The purposes of this Act are as follows:

‘‘(1) To provide financial assistance to the States to

support systems change and advocacy activities designed

to assist each State in developing and implementing a

consumer-responsive comprehensive statewide program

of technology-related assistance, for individuals with disabilities of all ages, that is designed to—

‘‘(A) increase the availability of, funding for,

access to, and provision of, assistive technology devices and assistive technology services;

‘‘(B) increase the active involvement of individuals with disabilities and their family members,

guardians, advocates, and authorized representa-
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tives, in the planning, development, implementation,

and evaluation of such a program;

‘‘(C) increase the involvement of individuals

with disabilities and, if appropriate, their family

members, guardians, advocates, or authorized representatives, in decisions related to the provision of

assistive technology devices and assistive technology

services;

‘‘(D) increase the provision of outreach to

underrepresented populations and rural populations,

to enable the two populations to enjoy the benefits

of programs carried out to accomplish purposes described in this paragraph to the same extent as

other populations;

‘‘(E) increase and promote coordination among

State agencies, and between State agencies and private entities, that are involved in carrying out activities under this title, particularly providing

assistive technology devices and assistive technology

services, that accomplish a purpose described in another subparagraph of this paragraph;

‘‘(F)(i) increase the awareness of laws, regulations, policies, practices, procedures, and organizational structures, that facilitate the availability or
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provision of assistive technology devices and

assistive technology services; and

‘‘(ii) facilitate the change of laws, regulations,

policies, practices, procedures, and organizational

structures, that impede the availability or provision

of assistive technology devices and assistive technology services;

‘‘(G) increase the probability that individuals

with disabilities of all ages will, to the extent appropriate, be able to secure and maintain possession of

assistive technology devices as such individuals

make the transition between services offered by

human service agencies or between settings of daily

living;

‘‘(H) enhance the skills and competencies of

individuals involved in providing assistive technology

devices and assistive technology services;

‘‘(I) increase awareness and knowledge of the

efficacy of assistive technology devices and assistive

technology services among—

‘‘(i) individuals with disabilities and their

family members, guardians, advocates, and authorized representatives;

‘‘(ii) individuals who work for public agencies, or for private entities (including insurers),
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that have contact with individuals with disabilities;

‘‘(iii) educators and related services personnel;

‘‘(iv) technology experts (including engineers);

‘‘(v) employers; and

‘‘(vi) other appropriate individuals;

‘‘(J) increase the capacity of public agencies

and private entities to provide and pay for assistive

technology devices and assistive technology services

on a statewide basis for individuals with disabilities

of all ages; and

‘‘(K) increase the awareness of the needs of individuals with disabilities for assistive technology

devices and for assistive technology services.

‘‘(2) To identify Federal policies that facilitate payment for assistive technology devices and assistive technology services, to identify Federal policies that impede

such payment, and to eliminate inappropriate barriers to

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
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provision of assistive technology devices and

assistive technology services; and

‘‘(B) funding for demonstration projects.’’.

(d) POLICY.—Section 2 (29 U.S.C. 2201) is amended by

adding at the end the following:

‘‘(c) POLICY.—It is the policy of the United States that

all programs, projects, and activities receiving assistance

under this Act shall be consumer-responsive and shall be carried out in a manner consistent with the principles of—

‘‘(1) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities;

‘‘(2) respect for the privacy, rights, and equal access (including the use of accessible formats), of such individuals;

‘‘(3) inclusion, integration, and full participation of

such individuals;

‘‘(4) support for the involvement of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires,

or needs such support; and

‘‘(5) support for individual and systems advocacy

and community involvement.’’.
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SEC. 4. DEFINITIONS.

Section 3 (29 U.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 technology

services; and

‘‘(B) provided through—

‘‘(i) individual case management for individuals with disabilities;

‘‘(ii) representation of individuals with

disabilities (other than representation within

the definition of protection and advocacy services);

‘‘(iii) training of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to successfully conduct advocacy for themselves; or
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‘‘(iv) dissemination of information.’’;

(3) in paragraph (3)(E) (as redesignated by paragraph (1)), by striking ‘‘family’’ and all that follows and

inserting ‘‘the family members, guardians, advocates, or

authorized representatives of such an individual; and’’;

(4) by inserting after paragraph (3) (as redesignated by paragraph (1)) the following:

‘‘(4) COMPREHENSIVE STATEWIDE PROGRAM OF

TECHNOLOGY-RELATED ASSISTANCE.—The term ‘comprehensive statewide program of technology-related assistance’ means a statewide program of technology-related assistance developed and implemented by a State

under title I that—

‘‘(A) addresses the needs of all individuals with

disabilities, including members of underrepresented

populations and members of rural populations;

‘‘(B) addresses such needs without regard to

the age, type of disability, race, ethnicity, or gender

of such individuals, or the particular major life activity for which such individuals need the assistance;

and

‘‘(C) addresses such needs without requiring

that the assistance be provided through any particular agency or service delivery system.
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‘‘(5) CONSUMER-RESPONSIVE.—The term

‘consumer-responsive’ means, with respect to an entity,

program, or activity, that the entity, program, or activity—

‘‘(A) is easily accessible to, and usable by, individuals with disabilities and, when appropriate,

their family members, guardians, advocates, or authorized representatives;

‘‘(B) responds to the needs of individuals with

disabilities in a timely and appropriate manner; and

‘‘(C) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and

rural populations) and their family members, guardians, advocates, and authorized representatives,

in—

‘‘(i) decisions relating to the provision of

assistive technology devices and assistive technology services; and

‘‘(ii) the planning, development, implementation, and evaluation of the comprehensive

statewide program of technology-related assistance.

‘‘(6) DISABILITY.—The term ‘disability’ means a

condition of an individual that is considered to be a dis-
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ability or handicap for the purposes of any Federal law

other than this Act or for the purposes of the law of the

State in which the individual resides.’’;

(5) by striking paragraph (7) (as redesignated by

paragraph (1)) and inserting the following:

‘‘(7) INDIVIDUAL WITH A DISABILITY; INDIVIDUALS

WITH DISABILITIES.—

‘‘(A) INDIVIDUAL WITH A DISABILITY.—The

term ‘individual with a disability’ means any individual—

‘‘(i) who has a disability; and

‘‘(ii) who is or would be enabled by an

assistive technology device or an assistive technology service to minimize deterioration in

functioning, to maintain a level of functioning,

or to achieve a greater level of functioning in

any major life activity.

‘‘(B) INDIVIDUALS WITH DISABILITIES.—The

term ‘individuals with disabilities’ means more than

one individual with a disability.’’;

(6) in paragraph (8) (as redesignated by paragraph

(1))—

(A) by striking ‘‘section 435(b)’’ and inserting

‘‘section 1201(a)’’; and
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(B) by striking ‘‘1965’’ and inserting ‘‘1965

(20 U.S.C. 1141(a))’’;

(7) by inserting after paragraph (8) (as redesignated by paragraph (1)) the following:

‘‘(9) PROTECTION AND ADVOCACY SERVICES.—The

term ‘protection and advocacy services’ means services

that—

‘‘(A) are described in part C of the Developmental Disabilities Assistance and Bill of Rights

Act (42 U.S.C. 6041 et seq.), the Protection and

Advocacy for Mentally Ill Individuals Act (42

U.S.C. 10801 et seq.), or section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e); and

‘‘(B) assist individuals with disabilities with respect to assistive technology devices and assistive

technology services.’’;

(8) in paragraph (11) (as redesignated by paragraph (1))—

(A) by striking ‘‘several States’’ and inserting

‘‘several States of the United States’’;

(B) by striking ‘‘Virgin Islands’’ and inserting

‘‘United States Virgin Islands’’; and

(C) by striking ‘‘the Trust Territory of the Pacific Islands’’ and inserting ‘‘the Republic of Palau
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(until the Compact of Free Association with Palau

takes effect)’’;

(9) by inserting after such paragraph (11) the following:

‘‘(12) SYSTEMS CHANGE AND ADVOCACY ACTIVITIES.—The term ‘systems change and advocacy activities’ means efforts that result in laws, regulations, policies, practices, or 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

community and the work force.’’;

(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) of’’ before ‘‘section 2(b)(1)’’; and

(11) by amending paragraph (14) (as redesignated

by paragraph (1)) to read as follows:
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‘‘(14) UNDERREPRESENTED POPULATION.—The

term ‘underrepresented population’ includes a population

such as minorities, the poor, and persons with limitedEnglish proficiency.’’.

TITLE I—GRANTS TO STATES

SEC. 101. PROGRAM AUTHORIZED.

(a) GRANTS TO STATES.—Section 101(a) (29 U.S.C.

2211(a)) is amended—

(1) by inserting after ‘‘provisions of this title’’ the

following: ‘‘to support systems change and advocacy activities designed’’; and

(2) by striking ‘‘to develop and implement’’ and inserting ‘‘in developing and implementing’’.

(b) ACTIVITIES.—Section 101 (29 U.S.C. 2211) is

amended by striking subsections (b) and (c) and inserting the

following:

‘‘(b) ACTIVITIES.—Any State that receives a grant under

section 102 or 103 shall use the funds made available

through the grant to accomplish the purposes described in

section 2(b)(1) and, in accomplishing such purposes, may

carry out any of the following systems change and advocacy

activities:

‘‘(1) MODEL SYSTEMS AND ALTERNATIVE STATE-FINANCED SYSTEMS.—The State may support activities to
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increase access to, and funding for, assistive technology,

including—

‘‘(A) the development, and evaluation of the efficacy, of model delivery systems that provide

assistive technology devices and assistive technology

services to individuals with disabilities, that pay for

such devices and services, and that, if successful,

could be replicated or generally applied, such as—

‘‘(i) the development of systems for the

purchase, lease, other acquisition, or payment

for the provision, of assistive technology devices and assistive technology services; or

‘‘(ii) the establishment of alternative State

or privately financed systems of subsidies for

the provision of assistive technology devices

and assistive technology services, such as—

‘‘(I) a loan system for assistive technology devices;

‘‘(II) an income-contingent loan fund;

‘‘(III) a low-interest loan fund;

‘‘(IV) a revolving loan fund;

‘‘(V) a loan insurance program; or

‘‘(VI) a partnership with private entities for the purchase, lease, or other acquisition of assistive technology devices
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and the provision of assistive technology

services;

‘‘(B) the demonstration of assistive technology

devices, including—

‘‘(i) the provision of a location or locations

within the State where—

‘‘(I) individuals with disabilities and

their family members, guardians, advocates, and authorized representatives;

‘‘(II) education, rehabilitation, health

care, and other service providers;

‘‘(III) individuals who work for Federal, State, or local government entities;

and

‘‘(IV) employers,

can see and touch assistive technology devices,

and learn about the devices from personnel

who are familiar with such devices and their

applications;

‘‘(ii) the provision of counseling and assistance to individuals with disabilities and

their family members, guardians, advocates,

and authorized representatives to determine individual needs for assistive technology devices

and assistive technology services; and
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‘‘(iii) the demonstration or short-term

loan of assistive technology devices to individuals, employers, public agencies, or public accommodations seeking strategies to comply

with the Americans with Disabilities Act of

1990 (42 U.S.C. 12101 et seq.) and section

504 of the Rehabilitation Act of 1973 (29

U.S.C. 794); and

‘‘(C) the establishment of information systems

about, and recycling centers for, the redistribution

of assistive technology devices and equipment that

may include device and equipment loans, rentals, or

gifts.

‘‘(2) INTERAGENCY COORDINATION.—The State

may support activities—

‘‘(A) to identify and coordinate Federal and

State policies, resources, and services, relating to

the provision of assistive technology devices and

assistive technology services, including entering into

interagency agreements;

‘‘(B) to convene interagency work groups to

enhance public funding options and coordinate access to funding for assistive technology devices and

assistive technology services for individuals with disabilities of all ages, with special attention to the is-
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sues of transition (such as transition from school to

work, and transition from participation in programs

under part H of the Individuals with Disabilities

Education Act (20 U.S.C. 1471 et seq.), to participation in programs under part B of such Act (20

U.S.C. 1411 et seq.)) home use, and individual involvement in the identification, planning, use, delivery, and evaluation of such devices and services; or

‘‘(C) to document and disseminate information

about interagency activities that promote coordination with respect to assistive technology devices and

assistive 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 communitybased organizations, or systems, that provide assistive

technology devices and assistive technology services to

individuals with disabilities or that assist individuals

with disabilities in using assistive technology devices and

assistive technology services. Such activities may include

outreach to consumer organizations and groups in the

State to coordinate the activities of the organizations
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and groups with efforts (including self-help, support

groups, and peer mentoring) to assist individuals with

disabilities and their family members, guardians, advocates, or authorized representatives, to obtain funding

for, and access to, assistive technology devices and

assistive technology services.

‘‘(4) EXPENSES.—The State may pay for expenses,

including travel expenses, and services, including services

of qualified interpreters, readers, and personal care assistants, that may be necessary to ensure access to the

comprehensive statewide program of technology-related

assistance by individuals with disabilities who are determined by the State to be in financial need.

‘‘(5) STATEWIDE NEEDS ASSESSMENT.—The State

may conduct a statewide needs assessment that may be

based on data in existence on the date on which the assessment is initiated and may include—

‘‘(A) estimates of the numbers of individuals

with disabilities within the State, categorized by

residence, type and extent of disabilities, age, race,

gender, and ethnicity;

‘‘(B) in the case of an assessment carried out

under a development grant, a description of efforts,

during the fiscal year preceding the first fiscal year

for which the State received such a grant, to pro-
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vide 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) information on the number of individuals

with disabilities who are in need of assistive technology devices and assistive technology services, and

a description of the devices and services needed;

‘‘(D) information on the cost of providing

assistive 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 consumer-responsive comprehensive statewide program of technology-related assistance;

‘‘(F) information identifying Federal and State

laws, regulations, policies, practices, procedures,

and organizational structures, that facilitate or
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interfere with the operation of a consumer-responsive comprehensive statewide program of technology-related assistance;

‘‘(G) a description of the procurement policies

of the State and the extent to which such policies

will ensure, to the extent practicable, that assistive

technology devices purchased, leased, or otherwise

acquired with assistance made available through a

grant made under section 102 or 103 are compatible with other technology devices, including technology devices designed primarily for use by—

‘‘(i) individuals who are not individuals

with disabilities;

‘‘(ii) individuals who are elderly; or

‘‘(iii) individuals with particular disabilities; and

‘‘(H) information resulting from an inquiry

about whether a State agency or task force (composed of individuals representing the State and individuals representing the private sector) should 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—
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‘‘(i) the purchase, lease, or other acquisition of assistive technology devices; or

‘‘(ii) the use of assistive technology services.

‘‘(6) PUBLIC AWARENESS PROGRAM.—

‘‘(A) IN GENERAL.—The State may—

‘‘(i) support a public awareness program

designed to provide information relating to the

availability and efficacy of assistive technology

devices and assistive technology services for—

‘‘(I) individuals with disabilities and

their family members, guardians, advocates, or authorized representatives;

‘‘(II) individuals who work for public

agencies, or for private entities (including

insurers), that have contact with individuals with disabilities;

‘‘(III) educators and related services

personnel;

‘‘(IV) technology experts (including

engineers);

‘‘(V) employers; and

‘‘(VI) other appropriate individuals

and entities; or
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‘‘(ii) establish and support such a program if no such program exists.

‘‘(B) CONTENTS.—Such a public awareness

program may include—

‘‘(i) the development and dissemination of

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;

‘‘(ii) the development of procedures for

providing direct communication among public

providers of assistive technology devices and

assistive technology services and between public providers and private providers of such devices and services (including employers); and

‘‘(iii) the development and dissemination

of information relating to the use of the pro-
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gram by individuals with disabilities and their

family members, guardians, advocates, or authorized representatives, professionals who

work in a field related to an activity described

in this section, and other appropriate individuals.

‘‘(7) TRAINING AND TECHNICAL ASSISTANCE.—The

State may carry out directly, or may provide support to

a public or private entity to carry out, training and technical assistance activities—

‘‘(A) that—

‘‘(i) are provided for individuals with disabilities and their family members, guardians,

advocates, and authorized representatives, and

other appropriate individuals; and

‘‘(ii) may include—

‘‘(I) training in the use of assistive

technology devices and assistive technology services;

‘‘(II) the development of written materials, training, and technical assistance

describing the means by which agencies

consider the needs of an individual with a

disability for assistive technology devices

and assistive technology services in devel-
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oping, for the individual, any individualized education program described in section 614(a)(5) of the Individuals with Disabilities Education Act (20 U.S.C.

1414(a)(5)), any individualized written rehabilitation program described in section

102 of the Rehabilitation Act of 1973 (29

U.S.C. 722), any individualized family

service plan described in section 677 of

the Individuals with Disabilities Education

Act (20 U.S.C. 1477), and any other individualized plans or programs;

‘‘(III) training regarding the rights

of the persons described in clause (i) to

assistive technology devices and assistive

technology services under any law other

than this Act, to promote fuller independence, productivity, and inclusion in and integration into society of such persons; and

‘‘(IV) training to increase consumer

participation in the identification, planning, use, delivery, and evaluation of

assistive technology devices and assistive

technology services; and

‘‘(B) that—
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‘‘(i) enhance the assistive technology skills

and competencies of—

‘‘(I) individuals who work for public

agencies, or for private entities (including

insurers), that have contact with individuals with disabilities;

‘‘(II) educators and related services

personnel;

‘‘(III) technology experts (including

engineers);

‘‘(IV) employers; and

‘‘(V) other appropriate personnel;

and

‘‘(ii) include taking actions to facilitate

the development of standards, or, when appropriate, the application of such standards, to ensure the availability of qualified personnel.

‘‘(8) PROGRAM DATA.—The State may support the

compilation and evaluation of appropriate data related to

a program described in subsection (a).

‘‘(9) ACCESS TO TECHNOLOGY-RELATED INFORMATION.—

‘‘(A) IN GENERAL.—The State may develop,

operate, or expand a system for public access to information concerning an activity carried out under
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another paragraph of this subsection, including information about assistive technology devices and

assistive technology services, funding sources and

costs of such assistance, and individuals, organizations, and agencies capable of carrying out such an

activity for individuals with disabilities.

‘‘(B) ACCESS.—Access to the system may be

provided through community-based entities, including public libraries, centers for independent living

(as defined in section 702(1) of the Rehabilitation

Act of 1973 (29 U.S.C. 796a(1))), and community

rehabilitation programs (as defined in section 7(25)

of such Act (29 U.S.C. 706(25))).

‘‘(C) SYSTEM.—In developing, operating, or expanding a system described in subparagraph (A),

the State may—

‘‘(i) develop, compile, and categorize print,

large print, braille, audio, and video materials,

computer disks, compact discs (including compact discs formatted with read-only memory),

information that can be used in telephonebased information systems, and such other

media as technological innovation may make

appropriate;
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‘‘(ii) identify and classify existing funding

sources, and the conditions of and criteria for

access to such sources, including any funding

mechanisms or strategies developed by the

State;

‘‘(iii) identify existing support groups and

systems designed to help individuals with disabilities make effective use of an activity carried out under another paragraph of this subsection; and

‘‘(iv) maintain a record of the extent to

which citizens of the State use or make inquiries of the system established in subparagraph

(A), and of the nature of such inquiries.

‘‘(D) LINKAGES.—The information system may

be organized on an interstate basis or as part of a

regional consortium of States in order to facilitate

the establishment of compatible, linked information

systems.

‘‘(10) INTERSTATE ACTIVITIES.—

‘‘(A) IN GENERAL.—The State may enter into

cooperative agreements with other States to expand

the capacity of the States involved to assist individuals with disabilities of all ages to learn about, acquire, use, maintain, adapt, and upgrade assistive
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technology devices and assistive technology services

that such individuals need at home, at school, at

work, or in other environments that are part of

daily living.

‘‘(B) ELECTRONIC COMMUNICATION.—The

State may operate or participate in a computer system through which the State may electronically

communicate with other States to gain technical assistance in a timely fashion and to avoid the duplication of efforts already undertaken in other States.

‘‘(11) PARTNERSHIPS AND COOPERATIVE INITIATIVES.—The State may support the establishment or

continuation of partnerships and cooperative initiatives

between the public sector and the private sector to promote greater participation by business and industry in—

‘‘(A) the development, demonstration, and dissemination of assistive technology devices; and

‘‘(B) the ongoing provision of information

about new products to assist individuals with disabilities.

‘‘(12) ADVOCACY SERVICES.—The State may provide advocacy services.

‘‘(13) OTHER ACTIVITIES.—The State may utilize

amounts made available through grants made under section 102 or 103 for any systems change and advocacy
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activities, other than the activities described in another

paragraph of this subsection, that are necessary for developing, implementing, or evaluating the consumer-responsive comprehensive statewide program of technologyrelated assistance.

‘‘(c) NONSUPPLANTATION.—In carrying out systems

change and advocacy activities under this title, the State shall

ensure that the activities supplement, and not supplant, similar activities that have been carried out pursuant to other

Federal or State law.’’.

SEC. 102. DEVELOPMENT GRANTS.

Section 102 (29 U.S.C. 2212) is amended—

(1) in subsection (a)—

(A) by striking ‘‘3-year grants’’ and inserting

‘‘3-year grants to support systems change and advocacy activities described in section 101(b) (including

activities described in subsection (e)(7))’’; and

(B) by striking ‘‘to develop and implement

statewide programs’’ and inserting ‘‘in developing

and implementing consumer-responsive comprehensive statewide programs’’;

(2) by striking subsection (b);

(3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;
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(4) in subsection (b) (as redesignated in paragraph

(3))—

(A) in paragraph (3)(C), by striking ‘‘statewide

program’’ and inserting ‘‘consumer-responsive comprehensive statewide program’’; and

(B) in paragraph (5)—

(i) in subparagraph (A)—

(I) by striking ‘‘(A)’’ and inserting

‘‘(A) STATE.—’’;

(II) by inserting ‘‘United States’’ before ‘‘Virgin Islands’’; and

(III) by striking ‘‘Trust Territory of

the Pacific Islands’’ and inserting ‘‘Republic of Palau’’; and

(ii) in subparagraph (B)—

(I) by striking ‘‘(B)’’ and inserting

‘‘(B) TERRITORY.—’’;

(II) by inserting ‘‘United States’’ before ‘‘Virgin Islands’’; and

(III) by striking ‘‘Trust Territory of

the Pacific Islands’’ and inserting ‘‘Republic of Palau (until the Compact of

Free Association takes effect)’’;

(5) in paragraph (2) of subsection (c) (as redesignated in paragraph (3)) by striking ‘‘statewide pro-
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grams’’ and inserting ‘‘consumer-responsive comprehensive statewide programs’’;

(6) by inserting after such subsection (c) the following:

‘‘(d) DESIGNATION OF THE LEAD AGENCY.—

‘‘(1) DESIGNATION.—The Governor of any State

that desires to receive a grant under this section shall

designate the office, agency, entity, or individual (referred to in this Act as the ‘lead agency’) responsible

for—

‘‘(A) submitting the application described in

subsection (e) on behalf of the State;

‘‘(B) administering and supervising the use of

amounts made available under the grant;

‘‘(C)(i) coordinating efforts related to, and supervising the preparation of, the application;

‘‘(ii) coordinating the planning, development,

implementation, and evaluation of the consumer-responsive comprehensive statewide program of technology-related assistance among public agencies and

between public agencies and private agencies, including coordinating efforts related to entering into

interagency agreements; and

‘‘(iii) coordinating efforts related to, and supervising, the active, timely, and meaningful participa-
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tion by individuals with disabilities and their family

members, guardians, advocates, or authorized representatives, and other appropriate individuals, with

respect to activities carried out under the grant;

and

‘‘(D) the delegation, in whole or in part, of any

responsibilities described in subparagraph (A), (B),

or (C) to one or more appropriate offices, agencies,

entities, or individuals.

‘‘(2) QUALIFICATIONS.—In designating the lead

agency, the Governor may designate—

‘‘(A) a commission appointed by the Governor;

‘‘(B) a public-private partnership or consortium;

‘‘(C) a university-affiliated program;

‘‘(D) a public agency;

‘‘(E) a council established under Federal or

State law; or

‘‘(F) another appropriate office, agency, entity,

or individual.

‘‘(3) ABILITIES OF LEAD AGENCY.—The State shall

provide, in accordance with subsection (e)(1), evidence

that the lead agency has the ability—

‘‘(A) to respond to assistive technology needs

across disabilities and ages;
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‘‘(B) to promote the availability throughout the

State of assistive technology devices and assistive

technology services;

‘‘(C) to promote and implement systems

change and advocacy activities;

‘‘(D) to promote and develop public-private

partnerships;

‘‘(E) to exercise leadership in identifying and

responding to the technology needs of individuals

with disabilities and their family members, guardians, advocates, and authorized representatives;

‘‘(F) to promote consumer confidence, responsiveness, and advocacy; and

‘‘(G) to exercise leadership in implementing effective strategies for capacity building, staff and

consumer training, and enhancement of access to

funding for assistive technology devices and

assistive technology services across agencies.’’;

(7) in subsection (e)—

(A) by striking paragraphs (1), (2), and (3)

and inserting the following:

‘‘(1) DESIGNATION OF THE LEAD AGENCY.—Information identifying the lead agency designated by the

Governor under subsection (d)(1), and the evidence described in subsection (d)(3).
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‘‘(2) AGENCY INVOLVEMENT.—A description of the

nature and extent of involvement of various State agencies, including the State insurance department, in the

preparation of the application and the continuing role of

each agency in the development and implementation of

the consumer-responsive comprehensive statewide program of technology-related assistance, including the

identification of the available resources and financial responsibility of each agency for paying for assistive technology devices and assistive technology services.

‘‘(3) INVOLVEMENT.—

‘‘(A) CONSUMER INVOLVEMENT.—A description of procedures that provide for—

‘‘(i)(I) the active involvement of individuals with disabilities and their family members,

guardians, advocates, and authorized representatives, and other appropriate individuals,

in the development, implementation, and evaluation of the program; and

‘‘(II) the active involvement, to the maximum extent appropriate, of individuals with

disabilities who use assistive technology devices

or assistive technology services, in decisions relating to such devices and services; and
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‘‘(ii) mechanisms for determining

consumer satisfaction and participation of individuals with disabilities who represent a variety

of ages and types of disabilities, in the

consumer-responsive comprehensive statewide

program of technology-related assistance.

‘‘(B) PUBLIC INVOLVEMENT.—A description of

the nature and extent of—

‘‘(i) the involvement, in the designation of

the lead agency under subsection (d), and in

the development of the application, of—

‘‘(I) individuals with disabilities and

their family members, guardians, advocates, or authorized representatives;

‘‘(II) other appropriate individuals

who are not employed by a State agency;

and

‘‘(III) organizations, providers, and

interested parties, in the private sector;

and

‘‘(ii) the continuing role of the individuals

and entities described in clause (i) in the program.’’;
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(B) in paragraph (4), by striking ‘‘underserved

groups’’ and inserting ‘‘underrepresented populations or rural populations’’;

(C) in paragraphs (4) and (5), by striking

‘‘statewide program’’ each place the term appears

and inserting ‘‘consumer-responsive comprehensive

statewide program’’;

(D) by striking paragraphs (6), (7), and (17);

(E) by redesignating paragraphs (8) and (9) as

paragraphs (17) and (18), respectively, and transferring such paragraphs to the end of the subsection;

(F) by inserting after paragraph (5) the following:

‘‘(6) GOALS, OBJECTIVES, ACTIVITIES, AND OUTCOMES.—Information on the program with respect to—

‘‘(A) the goals and objectives of the State for

the program;

‘‘(B) the systems change and advocacy activities that the State plans to carry out under the program; and

‘‘(C) the expected outcomes of the State for

the program, consistent with the purposes described

in section 2(b)(1).

‘‘(7) PRIORITY ACTIVITIES.—
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‘‘(A) IN GENERAL.—An assurance that the

State will use funds made available under this section or section 103 to accomplish the purposes described in section 2(b)(1) and the goals, objectives,

and outcomes described in paragraph (6), and to

carry out the systems change and advocacy activities described in paragraph (6)(B), in a manner

that is consumer-responsive.

‘‘(B) PARTICULAR ACTIVITIES.—An assurance

that the State, in carrying out such systems change

and advocacy activities, shall carry out activities regarding—

‘‘(i) the development, implementation, and

monitoring of State, regional, and local laws,

regulations, policies, practices, procedures, and

organizational structures, that will improve access to, provision of, funding for, and timely

acquisition and delivery of, assistive technology

devices and assistive technology services;

‘‘(ii) the development and implementation

of strategies to overcome barriers regarding access to, provision of, and funding for, such devices and services, with priority for identification of barriers to funding through State education (including special education) services,
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vocational rehabilitation services, and medical

assistance services or, as appropriate, other

health and human services, and with particular

emphasis on overcoming barriers for

underrepresented populations and rural populations;

‘‘(iii) coordination of activities among

State agencies, in order to facilitate access to,

provision of, and funding for, assistive technology devices and assistive technology services;

‘‘(iv) the development and implementation

of strategies to empower individuals with disabilities and their family members, guardians,

advocates, and authorized representatives, to

successfully advocate for increased access to,

funding for, and provision of, assistive technology devices and assistive technology services, and to increase the participation, choice,

and control of such individuals with disabilities

and their family members, guardians, advocates, and authorized representatives in the selection and procurement of assistive technology

devices and assistive technology services;
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‘‘(v) the provision of outreach to

underrepresented populations and rural populations, including identifying and assessing the

needs of such populations, providing activities

to increase the accessibility of services to such

populations, training representatives of such

populations to become service providers, and

training staff of the consumer-responsive comprehensive statewide program of technology-related assistance to work with such populations;

and

‘‘(vi) the development and implementation

of strategies to ensure timely acquisition and

delivery of assistive technology devices and

assistive technology services, particularly for

children,

unless the State demonstrates through the progress

reports required under section 104 that significant

progress has been made in the development and implementation of a consumer-responsive comprehensive statewide program of technology-related assistance, and that other systems change and advocacy

activities will increase the likelihood that the program will accomplish the purposes described in section 2(b)(1).
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‘‘(8) ASSESSMENT.—An assurance that the State

will conduct an annual assessment of the consumer-responsive comprehensive statewide program of technologyrelated assistance, in order to determine—

‘‘(A) the extent to which the State’s goals and

objectives for systems change and advocacy activities, as identified in the State plan under paragraph

(6), have been achieved; and

‘‘(B) the areas of need that require attention

in the next year.

‘‘(9) DATA COLLECTION.—A description of—

‘‘(A) the data collection system used for compiling information on the program, consistent with

such requirements as the Secretary may establish

for such systems, and, when a national classification

system is developed pursuant to section 201, consistent with such classification system; and

‘‘(B) procedures that will be used to conduct

evaluations of the program.’’;

(G) in paragraphs (11)(B)(i) and (12)(B) by

striking ‘‘individual with disabilities’’ and inserting

‘‘individual with a disability’’;

(H) in paragraph (16)(A), by striking ‘‘the

families or representatives of individuals with disabilities’’ and inserting ‘‘their family members,
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guardians, advocates, or authorized representatives’’; and

(I) by adding at the end the following:

‘‘(19) AUTHORITY TO USE FUNDS.—An assurance

that the lead agency will have the authority to use funds

made available through a grant made under this section

or section 103 to comply with the requirements of this

section or section 103, respectively, including the ability

to hire qualified staff necessary to carry out activities

under the program.

‘‘(20) PROTECTION AND ADVOCACY SERVICES.—Either—

‘‘(A) an assurance that the State will annually

provide, from the funds made available to the State

through a grant made under this section or section

103, an amount calculated in accordance with subsection (f)(4), in order to make a grant to, or enter

into a contract with, an entity to support protection

and advocacy services through the systems established to provide protection and advocacy under the

Developmental Disabilities Assistance and Bill of

Rights Act (42 U.S.C. 6000 et seq.), the Protection

and Advocacy for Mentally Ill Individuals Act (42

U.S.C. 10801 et seq.), and section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e); or
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‘‘(B) at the discretion of the State, a request

that the Secretary annually reserve, from the funds

made available to the State through a grant made

under this section or section 103, an amount calculated in accordance with subsection (f)(4), in

order for the Secretary to make a grant to or enter

into a contract with such a system to support protection and advocacy services.

‘‘(21) TRAINING ACTIVITIES.—An assurance that

the State—

‘‘(A) will develop and implement strategies for

including personnel training regarding assistive

technology within existing Federal- and State-funded training initiatives, in order to enhance assistive

technology skills and competencies; and

‘‘(B) will document such training.

‘‘(22) LIMIT ON INDIRECT COSTS.—An assurance

that the percentage of the funds received under the

grant that is used for indirect costs shall not exceed 10

percent.

‘‘(23) COORDINATION WITH STATE COUNCILS.—An

assurance that the lead agency will coordinate the activities funded through a grant made under this section or

section 103 with the activities carried out by other councils within the State, including—
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‘‘(A) any council or commission specified in the

assurance provided by the State in accordance with

section 101(a)(36) of the Rehabilitation Act of

1973 (29 U.S.C. 721(a)(36));

‘‘(B) the Statewide Independent Living Council

established under section 705 of the Rehabilitation

Act of 1973 (29 U.S.C. 796d);

‘‘(C) the advisory panel established under section 613(a)(12) of the Individuals with Disabilities

Education Act (20 U.S.C. 1413(a)(12));

‘‘(D) the State Interagency Coordinating

Council established under section 682 of the Individuals with Disabilities Education Act (20 U.S.C.

1482);

‘‘(E) the State Planning Council described in

section 124 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6024);

‘‘(F) the State mental health planning council

established under section 1914 of the Public Health

Service Act (42 U.S.C. 300x–3); and

‘‘(G) any council established under section 204,

206(g)(2)(A), or 712(a)(3)(H) of the Older Americans Act of 1965 (42 U.S.C. 3015, 3017(g)(2)(A),

or 3058g(a)(3)(H)).
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‘‘(24) COORDINATION WITH OTHER SYSTEMS

CHANGE AND ADVOCACY ACTIVITIES.—An assurance

that there will be coordination between the activities

funded through the grant and other related systems

change and advocacy activities funded by either Federal

or State sources.

‘‘(25) OTHER INFORMATION AND ASSURANCES.—

Such other information and assurances as the Secretary

may reasonably require.’’; and

(8) by adding at the end the following:

‘‘(f) PROTECTION AND ADVOCACY REQUIREMENTS.—

‘‘(1) REQUIREMENTS.—A State that, as of June 30,

1993, has provided for protection and advocacy services

through an entity that—

‘‘(A) is capable of performing the functions

that would otherwise be performed under subsection

(e)(20) by the system described in subsection

(e)(20); and

‘‘(B) is not a system described in such subsection,

shall be considered to meet the requirements of such

subsection. Such entity shall receive funding to provide

such protection and advocacy services in accordance with

paragraph (4), and shall comply with the same requirements of this title (other than the requirements of such
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subsection) as a system that receives funding under such

subsection.

‘‘(2) PROTECTION AND ADVOCACY SERVICE PROVIDER REPORT.—

‘‘(A) PREPARATION.—A system that receives

funds under subsection (e)(20) to carry out the protection and advocacy services described in subsection (e)(20)(A) in a State, or an entity described

in paragraph (1) that carries out such services in

the State, shall prepare reports that contain such

information as the Secretary may require, including

the following:

‘‘(i) A description of the activities carried

out by the system or entity with such funds.

‘‘(ii) Documentation of significant

progress, in providing protection and advocacy

services, in each of the following areas:

‘‘(I) Conducting activities that are

consumer-responsive, including activities

that will lead to increased access to funding for assistive technology devices and

assistive technology services.

‘‘(II) Executing legal, administrative,

and other appropriate means of represen-
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tation to implement systems change and

advocacy activities.

‘‘(III) Developing and implementing

strategies designed to enhance the longterm abilities of individuals with disabilities and their family members, guardians,

advocates, and authorized representatives

to successfully advocate for assistive technology devices and assistive technology

services to which the individuals with disabilities are entitled under law other than

this Act.

‘‘(IV) Coordinating activities with

protection and advocacy services funded

through sources other than this Act, and

coordinating activities with the systems

change and advocacy activities carried out

by the State lead agency.

‘‘(B) SUBMISSION.—The system or entity shall

submit the reports to the program described in subsection (a) in the State not less often than every 6

months.

‘‘(C) UPDATES.—The system or entity shall

provide monthly updates to the program described
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in subsection (a) concerning the activities and information described in subparagraph (A).

‘‘(3) CONSULTATION WITH STATE PROGRAMS.—Before making a grant or entering into a contract under

subsection (e)(20)(B) to support the protection and advocacy services described in subsection (e)(20)(A) in a

State, the Secretary shall solicit and consider the opinions of the lead agency in the State with respect to the

terms of the grant or contract.

‘‘(4) CALCULATION OF EXPENDITURES.—

‘‘(A) IN GENERAL.—For each fiscal year, for

each State receiving a grant under this section or

section 103, the Secretary shall specify a minimum

amount that the State shall use to provide protection and advocacy services.

‘‘(B) INITIAL YEARS OF GRANT.—Except as

provided in subparagraph (C) or (D)—

‘‘(i) the Secretary shall calculate such

minimum amount for a State based on the size

of the grant, the needs of individuals with disabilities within the State, the population of the

State, and the geographic size of the State;

and
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‘‘(ii) such minimum amount shall be not

less than $40,000 and not more than

$100,000.

‘‘(C) FOURTH YEAR OF SECOND EXTENSION

GRANT.—If a State receives a second extension

grant under section 103(a)(2), the Secretary shall

specify a minimum amount under subparagraph (A)

for the fourth year (if any) of the grant period that

shall equal 75 percent of the minimum amount

specified for the State under such subparagraph for

the third year of the second extension grant of the

State.

‘‘(D) FIFTH YEAR OF SECOND EXTENSION

GRANT.—If a State receives a second extension

grant under section 103(a)(2), the Secretary shall

specify a minimum amount under subparagraph (A)

for the fifth year (if any) of the grant period that

shall equal 50 percent of the minimum amount

specified for the State under such subparagraph for

the third year of the second extension grant of the

State.

‘‘(E) PROHIBITION.—After the fifth year (if

any) of the grant period, no Federal funds may be

made available under this title by the State to a
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system described in subsection (e)(20) or an entity

described in paragraph (1).’’.

SEC. 103. EXTENSION GRANTS.

Section 103 (29 U.S.C. 2213) is amended to read as follows:

‘‘SEC. 103. EXTENSION GRANTS.

‘‘(a) EXTENSION GRANTS.—

‘‘(1) INITIAL EXTENSION GRANT.—The Secretary

may award an initial extension grant, for a period of 2

years, to any State that meets the standards specified in

subsection (b)(1).

‘‘(2) SECOND EXTENSION GRANT.—The Secretary

may award a second extension grant, for a period of not

more than 5 years, to any State that meets the standards specified in subsection (b)(2).

‘‘(b) STANDARDS.—

‘‘(1) INITIAL EXTENSION GRANT.—In order for a

State to receive an initial extension grant under this section, the designated lead agency of the State shall—

‘‘(A) provide the evidence described in section

102(d)(3); and

‘‘(B) demonstrate that the State has made significant progress, and has carried out systems

change and advocacy activities that have resulted in

significant progress, toward the development and
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implementation of a consumer-responsive comprehensive statewide program of technology-related

assistance, consistent with sections 2(b)(1), 101,

and 102.

‘‘(2) SECOND EXTENSION GRANT.—

‘‘(A) RESPONSIBILITIES OF DESIGNATED LEAD

AGENCY.—In order for a State to receive a second

extension grant under this section, the designated

lead agency shall—

‘‘(i) provide the evidence and make the

demonstration described in paragraph (1);

‘‘(ii) describe the steps the State has

taken or will take to continue on a permanent

basis the consumer-responsive comprehensive

statewide program of technology-related assistance with the ability to maintain, at a minimum, the outcomes achieved by the systems

change and advocacy activities; and

‘‘(iii) identify future funding options and

commitments for the program from the public

and private sector and the key individuals,

agencies, and organizations to be involved in,

and to direct future efforts of, the program.

‘‘(B) DETERMINATION OF COMPLIANCE.—In

making any award to a State for a second extension
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grant, the Secretary shall (except as provided in

section 105(a)(2)(A)(iii)) make such award contingent on a determination, based on the onsite visit

required under section 105(a)(2)(A)(ii), that the

State is making significant progress toward development and implementation of a consumer-responsive

comprehensive statewide program of technology-related assistance. If the Secretary determines that

the State is not making such progress, the Secretary may take an action described in section

105(b)(2), in accordance with the applicable procedures described in section 105.

‘‘(c) AMOUNTS OF GRANTS.—

‘‘(1) INITIAL EXTENSION GRANTS.—

‘‘(A) IN GENERAL.—

‘‘(i) STATES.—From amounts appropriated under section 106 for any fiscal year,

the Secretary shall pay an amount that is not

less than $500,000 and not greater than

$1,500,000 to each State (other than a State

described in clause (ii)) that receives an initial

extension grant under subsection (a)(1).

‘‘(ii) TERRITORIES.—From amounts appropriated under section 106 for any fiscal

year, the Secretary shall pay an amount that
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is not greater than $150,000 to any of the following States that receives an initial extension

grant under subsection (a)(1):

‘‘(I) The United States Virgin Islands.

‘‘(II) Guam.

‘‘(III) American Samoa.

‘‘(IV) The Commonwealth of the

Northern Mariana Islands.

‘‘(V) The Republic of Palau (until

the Compact of Free Association takes effect).

‘‘(B) CALCULATION OF AMOUNT.—The Secretary shall calculate the amount described in

clause (i) or (ii) of subparagraph (A) with respect

to a State on the basis of—

‘‘(i) amounts available for making grants

pursuant to subsection (a)(1);

‘‘(ii) the population of the State;

‘‘(iii) the types of assistance to be provided in the State; and

‘‘(iv) the amount of resources committed

by the State and available to the State from

other sources.
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‘‘(C) PRIORITY FOR PREVIOUSLY PARTICIPATING STATES.—Amounts appropriated in any fiscal

year for purposes of carrying out subsection (a)(1)

shall first be made available to States that received

assistance under this section during the fiscal year

preceding the fiscal year concerned.

‘‘(D) INCREASES.—In providing any increases

in initial extension grants under subsection (a)(1)

above the amounts provided to States under this

section for fiscal year 1993, the Secretary may give

priority to—

‘‘(i) the States (other than the States described in subparagraph (A)(ii)) that have the

largest populations, based on the most recent

census data; and

‘‘(ii) the States (other than the States described in subparagraph (A)(ii)) that are

sparsely populated, with a wide geographic

spread,

where such characteristics have impeded the development of a consumer-responsive, comprehensive

statewide program of technology-related assistance.

‘‘(2) SECOND EXTENSION GRANTS.—

‘‘(A) AMOUNTS AND PRIORITY.—The amounts

of, and the priority of applicants for, the second ex-
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tension grants awarded under subsection (a)(2)

shall be determined by the Secretary, except that—

‘‘(i) the amount paid to a State for the

fourth year (if any) of the grant period shall

be 75 percent of the amount paid to the State

for the third year of the grant period;

‘‘(ii) the amount paid to a State for the

fifth year (if any) of the grant period shall be

50 percent of the amount paid to the State for

the third year of the grant period; and

‘‘(iii) after the fifth year of the grant period, no Federal funds may be made available

to the State under this title.

‘‘(B) INCREASES.—In providing any increases

in second extension grants under subsection (a)(2)

above the amounts provided to States under this

section for fiscal year 1993, the Secretary may give

priority to States described in paragraph (1)(D).

‘‘(d) APPLICATION.—A State that desires to receive an

extension grant under this section shall submit an application

to the Secretary that contains the following information and

assurances with respect to the consumer-responsive comprehensive statewide program of technology-related assistance

in the State:
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‘‘(1) INFORMATION AND ASSURANCES.—The information and assurances described in section 102(e), except the preliminary needs assessment described in section 102(e)(4).

‘‘(2) NEEDS; PROBLEMS; STRATEGIES; OUTREACH.—

‘‘(A) NEEDS.—A description of needs relating

to technology-related assistance of individuals with

disabilities (including individuals from

underrepresented populations or rural populations)

and their family members, guardians, advocates, or

authorized representatives, and other appropriate

individuals within the State.

‘‘(B) PROBLEMS.—A description of any problems or gaps that remain with the development and

implementation of a consumer-responsive comprehensive statewide program of technology-related

assistance in the State.

‘‘(C) STRATEGIES.—A description of the strategies that the State will pursue during the grant

period to remedy the problems or gaps with the development and implementation of such a program.

‘‘(D) OUTREACH ACTIVITIES.—A description of

outreach activities to be conducted by the State, including dissemination of information to eligible pop-
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ulations, with special attention to underrepresented

populations and rural populations.

‘‘(3) ACTIVITIES AND PROGRESS UNDER PREVIOUS

GRANT.—A description of—

‘‘(A) the specific systems change and advocacy

activities described in section 101(b) (including the

activities described in section 1012(e)(7)) carried

out under the development grant received by the

State under section 102, or, in the case of an application for a grant under subsection (a)(2), under an

initial extension grant received by the State under

this section, including—

‘‘(i) a description of systems change and

advocacy activities that were undertaken to

produce change on a permanent basis for individuals with disabilities of all ages;

‘‘(ii) a description of activities undertaken

to improve the involvement of individuals with

disabilities in the program, including training

and technical assistance efforts to improve individual access to assistive technology devices

and assistive technology services as mandated

under other laws and regulations as in effect

on the date of the application, and including

actions undertaken to improve the participa-
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tion of underrepresented populations and rural

populations, such as outreach efforts; and

‘‘(iii) an evaluation of the impact and results of the activities described in clauses (i)

and (ii);

‘‘(B) the relationship of such systems change

and advocacy activities to the development and implementation of a consumer-responsive comprehensive statewide program of technology-related assistance; and

‘‘(C) the progress made toward the development and implementation of such a program.

‘‘(4) PUBLIC INVOLVEMENT.—

‘‘(A) REPORT.—In the case of an application

for a grant under subsection (a)(1), a report on the

hearing described in subsection (e)(1) or, in the

case of an application for a grant under subsection

(a)(2), a report on the hearing described in subsection (e)(2).

‘‘(B) OTHER STATE ACTIONS.—A description

of State actions, other than such a hearing, designed to determine the degree of satisfaction of individuals with disabilities, and their family members, guardians, advocates, or authorized representatives, public service providers and private service
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providers, educators and related services providers,

technology experts (including engineers), employers,

and other appropriate individuals and entities

with—

‘‘(i) the degree of their ongoing involvement in the development and implementation

of the consumer-responsive comprehensive

statewide program of technology-related assistance;

‘‘(ii) the specific systems change and advocacy activities described in section 101(b)

(including the activities described in section

102(e)(7)) carried out by the State under the

development grant or the initial extension

grant;

‘‘(iii) progress made toward the development and implementation of a consumer-responsive comprehensive statewide program of

technology-related assistance; and

‘‘(iv) the ability of the lead agency to

carry out the activities described in section

102(d)(3).

‘‘(5) COMMENTS.—A summary of any comments received concerning the issues described in paragraph (4)

and response of the State to such comments, solicited
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through a public hearing referred to in paragraph (4) or

through other means, from individuals affected by the

consumer-responsive comprehensive statewide program

of technology-related assistance, including—

‘‘(A) individuals with disabilities and their family members, guardians, advocates, or authorized

representatives;

‘‘(B) public service providers and private service providers;

‘‘(C) educators and related services personnel;

‘‘(D) technology experts (including engineers);

‘‘(E) employers; and

‘‘(F) other appropriate individuals and entities.

‘‘(6) COMPATIBILITY AND ACCESSIBILITY OF ELECTRONIC EQUIPMENT.—An assurance that the State, or

any recipient of funds made available to the State under

section 102 of this section, will comply with guidelines

established under section 508 of the Rehabilitation Act

of 1973 (29 U.S.C. 794d).

‘‘(e) PUBLIC HEARING.—

‘‘(1) INITIAL EXTENSION GRANT.—To be eligible to

receive a grant under subsection (a)(1), a State shall

hold a public hearing in the third year of a program carried out under a grant made under section 102, after

providing appropriate and sufficient notice to allow in-
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terested groups and organizations and all segments of

the public an opportunity to comment on the program.

‘‘(2) SECOND EXTENSION GRANT.—To be eligible to

receive a grant under subsection (a)(2), a State shall

hold a public hearing in the second year of a program

carried out under a grant made under subsection (a)(1),

after providing the notice described in paragraph (1).’’.

SEC. 104. PROGRESS CRITERIA AND REPORTS.

Section 104 (29 U.S.C. 2214) is amended to read as

follows:

‘‘SEC. 104. PROGRESS CRITERIA AND REPORTS.

‘‘(a) GUIDELINES.—The Secretary shall develop guidelines to be used in assessing the extent to which a State that

received a grant under section 102 or 103 is making significant progress in developing and implementing a consumer-responsive comprehensive statewide program of technology-related assistance consistent with section 2(b)(1).

‘‘(b) REPORTS.—Each State that receives a grant under

section 102 or 103 to carry out such a program shall submit

annually to the Secretary a report that documents significant

progress in developing and implementing a consumer-responsive comprehensive statewide program of technology-related

assistance, consistent with sections 2(b)(1), 101, and 102(e),

and that documents the following:
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‘‘(1) The progress the State has made, as determined in the State’s annual assessment described in section 102(e)(8) (consistent with the guidelines established

by the Secretary under subsection (a)), in achieving the

State’s goals, objectives, and outcomes as identified in

the State’s application as described in section 102(e)(6),

and areas of need that require attention in the next

year, including unanticipated problems with the achievement of the goals, objectives, and outcomes described in

the application, and the activities the State has undertaken to rectify these problems.

‘‘(2) The systems change and advocacy activities

carried out by the State including—

‘‘(A) an analysis of the laws, regulations, policies, practices, procedures, and organizational structures that the State has changed, has attempted to

change, or will attempt to change during the next

year, to facilitate and increase timely access to, provision of, or funding for, assistive technology devices

and assistive technology services; and

‘‘(B) a description of any written policies and

procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices and assistive

technology services, particularly policies and proce-
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dures regarding access to, provision of, and funding

for, such devices and services under education (including special education), vocational rehabilitation,

and medical assistance programs.

‘‘(3) The degree of involvement of various State

agencies, including the State insurance department, in

the development, implementation, and evaluation of the

program, including any interagency agreements that the

State has developed and implemented regarding access

to, provision of, and funding for, assistive technology devices and assistive technology services such as agreements that identify available resources for assistive technology devices and assistive technology services and the

responsibility of each agency for paying for such devices

and services.

‘‘(4) The activities undertaken to collect and disseminate information about the documents or activities

analyzed or described in paragraphs (1) through (3), including outreach activities to underrepresented populations and rural populations and efforts to disseminate

information by means of electronic communication.

‘‘(5) The involvement of individuals with disabilities

who represent a variety of ages and types of disabilities

in the planning, development, implementation, and assessment of the consumer-responsive comprehensive
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statewide program of technology-related assistance, including activities undertaken to improve such involvement, such as consumer training and outreach activities

to underrepresented populations and rural populations.

‘‘(6) The degree of consumer satisfaction with the

program, including satisfaction by underrepresented populations and rural populations.

‘‘(7) Efforts to train personnel as well as consumers.

‘‘(8) Efforts to reduce the service delivery time for

receiving assistive technology devices and assistive technology services.

‘‘(9) Significant progress in the provision of protection and advocacy services, in each of the areas described in section 102(f)(2)(A)(ii).’’.

SEC. 105. ADMINISTRATIVE PROVISIONS.

(a) REVIEW OF PARTICIPATING STATES.—Section

105(a) (29 U.S.C. 2215(a)) is amended—

(1) in paragraph (1), by inserting before the period

the following: ‘‘, consistent with the guidelines established under section 104(a)’’;

(2) by striking paragraph (2) and inserting the following:

‘‘(2) ONSITE VISITS.—

‘‘(A) VISITS.—
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‘‘(i) DEVELOPMENT GRANT PROGRAM.—

The Secretary shall conduct an onsite visit

during the final year of each State’s participation in the development grant program.

‘‘(ii) EXTENSION GRANT PROGRAM.—Except as provided in clause (iii), the Secretary

shall conduct an additional onsite visit to any

State that applies for a second extension grant

under section 103(a)(2) and whose initial onsite visit occurred prior to the date of the enactment of the Technology-Related Assistance

for Individuals With Disabilities Act Amendments of 1994. The Secretary shall conduct

any such visit to the State not later than 12

months after the date on which the Secretary

awards the second extension grant.

‘‘(iii) DETERMINATION.—The Secretary

shall not be required to conduct a visit described in clause (ii) if the Secretary determines that the visit is not necessary to assess

whether the State is making significant

progress toward development and implementation of a consumer-responsive comprehensive

statewide program of technology-related assistance.
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‘‘(B) TEAM.—Two-thirds of the onsite monitoring team in each case shall be qualified peer reviewers, who—

‘‘(i) shall not be lead agency personnel;

‘‘(ii) shall be from States other than the

State being monitored; and

‘‘(iii) shall include an individual with a

disability, or a family member, a guardian, an

advocate, or an authorized representative of

such an individual.

‘‘(C) COMPENSATION.—

‘‘(i) OFFICERS OR EMPLOYEES.—Members

of any onsite monitoring team who are officers

or full-time employees of the United States

shall serve without compensation in addition to

that received for their services as officers or

employees of the United States, but may be allowed travel expenses, including per diem in

lieu of subsistence, as authorized by section

5702 of title 5, United States Code, for individuals in the Government service traveling on

official business.

‘‘(ii) OTHER MEMBERS.—Members of any

onsite monitoring team who are not officers or

full-time employees of the United States shall
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receive compensation at a rate not to exceed

the daily equivalent of the rate of pay for level

IV of the Executive Schedule under section

5315 of title 5, United States Code, for each

day (including traveltime) during which such

members are engaged in the actual performance of their duties as members of an onsite

monitoring team. In addition, such members

may be allowed travel expenses, including per

diem in lieu of subsistence, as authorized by

section 5703 of title 5, United States Code, for

individuals in the Government service employed

intermittently.

‘‘(D) REPORT.—The Secretary shall prepare a

report of findings from the onsite visit. The Secretary shall consider the findings in determining

whether to continue funding the program either

with or without changes. The report shall be available to the public.’’;

(3) by redesignating paragraphs (3) and (4) as

paragraphs (4) and (5), respectively;

(4) by inserting after paragraph (2) the following:

‘‘(3) ADVANCE PUBLIC NOTICE.—The Secretary

shall provide advance public notice of the onsite visit and

solicit public comment through such notice from individ-
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uals with disabilities and their family members, guardians, advocates, and authorized representatives, public

service providers and private service providers, educators

and related services personnel, technology experts (including engineers), employers, and other appropriate individuals and entities, regarding the State program

funded through a grant made under section 102 or 103.

The public comment solicitation notice shall be included

in the onsite visit report described in paragraph (2).’’;

and

(5) in paragraph (4) (as redesignated in paragraph

(3)) by striking ‘‘statewide program’’ and inserting

‘‘consumer-responsive comprehensive statewide program’’.

(b) CORRECTIVE ACTION PLAN.—Section 105(b) (29

U.S.C. 2215(b)) is amended—

(1) in paragraph (2)—

(A) in the heading, by striking ‘‘PENALTIES’’

and inserting ‘‘CORRECTIVE ACTIONS’’;

(B) in the matter preceding subparagraph (A),

by striking ‘‘penalties’’ and inserting ‘‘corrective actions’’;

(C) by striking ‘‘or’’ at the end of subparagraph (B);
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(D) by striking the period at the end of subparagraph (C) and inserting ‘‘; or’’; and

(E) by adding at the end the following:

‘‘(D) required redesignation of the lead agency,

in accordance with subsection (c).’’; and

(2) in paragraph (3), by striking ‘‘subsection

(a)(4)’’ and inserting ‘‘subsection (a)(5)’’.

(c) REDESIGNATION.—Section 105 (29 U.S.C. 2215) is

amended—

(1) by striking subsection (c); and

(2) by adding at the end the following:

‘‘(c) REDESIGNATION OF LEAD AGENCY.—

‘‘(1) MONITORING PANEL.—

‘‘(A) APPOINTMENT.—Once a State becomes

subject to a corrective action plan pursuant to subsection (b), the Governor of the State, subject to

approval by the Secretary, shall appoint, within 30

days after the submission of the plan to the Secretary, a monitoring panel consisting of the following representatives:

‘‘(i) The head of the lead agency designated by the Governor.

‘‘(ii) 2 representatives from different public or private nonprofit organizations that rep-
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resent the interests of individuals with disabilities.

‘‘(iii) 2 consumers who are users of

assistive technology devices and assistive technology services and who are not—

‘‘(I) members of the advisory council,

if any, of the consumer-responsive comprehensive statewide program of technology-related assistance; or

‘‘(II) employees of the State lead

agency.

‘‘(iv) 2 service providers with knowledge

and expertise in assistive technology devices

and assistive technology services.

‘‘(B) MEMBERSHIP AND CHAIRPERSON.—The

monitoring panel shall be ethnically diverse. The

panel shall select a chairperson from among the

members of the panel.

‘‘(C) INFORMATION.—The panel shall receive

periodic reports from the State regarding progress

in implementing the corrective action plan and shall

have the authority to request additional information

necessary to determine compliance.

‘‘(D) MEETINGS.—The meetings of the panel

to determine compliance shall be open to the public
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(subject to confidentiality concerns) and held at locations that are accessible to individuals with disabilities.

‘‘(E) PERIOD.—The panel shall carry out the

duties of the panel for the entire period of the corrective action plan, as determined by the Secretary.

‘‘(F) FUNDING.—The panel shall be funded by

a portion of the funds received by the State under

this title, as directed by the Secretary.

‘‘(2) FAILURE TO APPOINT MONITORING PANEL.—

A failure by a Governor of a State to comply with the

requirements of paragraph (1) shall result in the termination of funding for the State under this title.

‘‘(3) DETERMINATION.—

‘‘(A) PANEL.—Based on its findings, a monitoring panel may determine that a lead agency designated by a Governor has not accomplished the

purposes described in section 2(b)(1) and that there

is good cause for redesignation of the agency and

the temporary loss of funds by the State under this

title.

‘‘(B) GOOD CAUSE.—In this paragraph, the

term ‘good cause’ includes—

‘‘(i) lack of progress with employment of

qualified staff;
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‘‘(ii) lack of consumer-responsive activities;

‘‘(iii) lack of resource allocation to systems change and advocacy activities;

‘‘(iv) lack of progress with meeting the assurances in section 102(e); or

‘‘(v) inadequate fiscal management.

‘‘(C) RECOMMENDATION AND ACTION.—If a

monitoring panel makes such a determination, the

panel shall recommend to the Secretary that further

remedial action be taken or that the Secretary order

the Governor to redesignate the lead agency within

90 days or lose funds under this title. The Secretary, based on the findings and recommendations

of the monitoring panel, and after providing to the

public notice and an opportunity for comment, shall

make a final determination regarding whether to

order the Governor to redesignate the lead agency.

The Governor shall make any such redesignation in

accordance with the requirements that apply to designations under section 102(d).

‘‘(d) CHANGE OF PROTECTION AND ADVOCACY SERVICES PROVIDER.—

‘‘(1) DETERMINATION.—The Governor of a State,

based on input from individuals with disabilities and
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their family members, guardians, advocates, or authorized representatives, may determine that the entity providing protection and advocacy services required by section 102(e)(20) (referred to in this subsection as the

‘first entity’) has not met the protection and advocacy

service needs of the individuals with disabilities and their

family members, guardians, advocates, or authorized

representatives, for securing funding for and access to

assistive technology devices and assistive technology

services, and that there is good cause to provide the protection and advocacy services for the State through a

contract with a second entity.

‘‘(2) NOTICE AND OPPORTUNITY TO BE HEARD.—

On making such a determination, the Governor may not

enter into a contract with a second entity to provide the

protection and advocacy services unless good cause exists

and unless—

‘‘(A) the Governor has given the first entity 30

days notice of the intention to enter into such contract, including specification of the good cause, and

an opportunity to respond to the assertion that

good cause has been shown;

‘‘(B) individuals with disabilities and their

family members, guardians, advocates, or author-
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ized representatives, have timely notice of the determination and opportunity for public comment; and

‘‘(C) the first entity has the opportunity to appeal the determination to the Secretary within 30

days of the determination on the basis that there is

not good cause to enter into the contract.

‘‘(3) REDESIGNATION.—

‘‘(A) IN GENERAL.—When the Governor of a

State determines that there is good cause to enter

into a contract with a second entity to provide the

protection and advocacy services, the Governor shall

hold an open competition within the State and issue

a request for proposals by entities desiring to provide the services.

‘‘(B) TIMING.—The Governor shall not issue

such request until the first entity has been given

notice and an opportunity to respond. If the first

entity appeals the determination to the Secretary in

accordance with paragraph (2)(C), the Governor

shall issue such request only if the Secretary decides not to overturn the determination of the Governor. The Governor shall issue such request within

30 days after the end of the period during which

the first entity has the opportunity to respond, or

after the decision of the Secretary, as appropriate.
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‘‘(C) PROCEDURE.—Such competition shall be

open to entities with the same expertise and ability

to provide legal services as a system referred to in

section 102(e)(20). The competition shall ensure

public involvement, including a public hearing and

adequate opportunity for public comment.

‘‘(e) ANNUAL REPORT.—

‘‘(1) IN GENERAL.—Not later than December 31 of

each year, the Secretary shall prepare, and submit to the

President and to the Congress, a report on Federal initiatives, including the initiatives funded under this Act,

to improve the access of individuals with disabilities to

assistive technology devices and assistive technology

services.

‘‘(2) CONTENTS.—Such report shall include information on—

‘‘(A) the demonstrated successes of such Federal initiatives at the Federal and State levels in

improving interagency coordination, streamlining

access to funding for assistive technology, and producing beneficial outcomes for users of assistive

technology;

‘‘(B) the demonstration activities carried out

through the Federal initiatives to—
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‘‘(i) promote access to such funding in

public programs that were in existence on the

date of the initiation of the demonstration activities; and

‘‘(ii) establish additional options for obtaining such funding;

‘‘(C) the education and training activities carried out through the Federal initiatives to promote

such access in public programs and the health care

system and the efforts carried out through such activities to train professionals in a variety of relevant

disciplines, and increase the competencies of the

professionals with respect to technology-related assistance;

‘‘(D) the education and training activities carried out through the Federal initiatives to train individuals with disabilities and their family members,

guardians, advocates, or authorized representatives,

individuals who work for public agencies, or for private entities (including insurers), that have contact

with individuals with disabilities, educators and related services personnel, technology experts (including engineers), employers, and other appropriate individuals, about technology-related assistance;
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‘‘(E) the education and training activities carried out through Federal initiatives to promote

awareness of available funding in public programs;

‘‘(F) the research activities carried out through

the Federal initiatives to improve understanding of

the costs and benefits of access to assistive technology for individuals with disabilities who represent a variety of ages and types of disabilities;

‘‘(G) the program outreach activities to rural

and inner-city areas that are carried out through

the Federal initiatives;

‘‘(H) the activities carried out through the

Federal initiatives that are targeted to reach

underrepresented populations and rural populations;

and

‘‘(I) the consumer involvement activities in the

programs carried out under this Act.

‘‘(3) AVAILABILITY OF ASSISTIVE TECHNOLOGY DEVICES AND ASSISTIVE TECHNOLOGY SERVICES.—As soon

as practicable, the Secretary shall include in the annual

report required by this subsection information on the

availability of assistive technology devices and assistive

technology services. When a national classification system for assistive technology devices and assistive technology services is developed pursuant to section 201, the
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Secretary shall report such information in a manner consistent with such national classification system.

‘‘(f) INTERAGENCY DISABILITY COORDINATING COUNCIL.—

‘‘(1) CONTENTS.—On or before October 1, 1995,

the Interagency Disability Coordinating Council established under section 507 of the Rehabilitation Act of

1973 (29 U.S.C. 794c) shall prepare and submit to the

President and to the Congress a report containing—

‘‘(A) the response of the Interagency Disability

Coordinating Council to—

‘‘(i) the findings of the National Council

on Disability resulting from the study entitled

‘Study on the Financing of Assistive Technology Devices and Services for Individuals

with Disabilities’, carried out in accordance

with section 201 of this Act, as in effect on the

day before the date of the enactment of this

subsection; and

‘‘(ii) the recommendations of the National

Council on Disability for legislative and administrative change, resulting from such study;

and

‘‘(B) information on any other activities of the

Interagency Disability Coordinating Council that fa-
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cilitate the accomplishment of section 2(b)(1) with

respect to the Federal Government.

‘‘(2) COMMENTS.—The report shall include any

comments submitted by the National Council on Disability as to the appropriateness of the response described

in paragraph (1)(A) and the effectiveness of the activities described in paragraph (1)(B) in meeting the needs

of individuals with disabilities for assistive technology

devices and assistive technology services.

‘‘(g) EFFECT ON OTHER ASSISTANCE.—This title may

not be construed as authorizing a Federal or a State agency

to reduce medical or other assistance available or to alter eligibility under any other Federal law.’’.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

Section 106 (29 U.S.C. 2216) is amended to read as follows:

‘‘SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to carry out this title

$50,000,000 for fiscal year 1994, and such sums as may be

necessary for each of the fiscal years 1995 through 1998.

‘‘(b) RESERVATIONS.—

‘‘(1) PROVISION OF INFORMATION AND TECHNICAL

ASSISTANCE.—
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‘‘(A) IN GENERAL.—Of the funds appropriated

for any fiscal year under subsection (a), the Secretary shall reserve at least 2 percent or

$1,500,000, whichever is greater, of such funds, for

the purpose of providing information and technical

assistance as described in subparagraphs (B) and

(C) to States, individuals with disabilities and their

family members, guardians, advocates, or authorized representatives, community-based organizations, and protection and advocacy agencies.

‘‘(B) TECHNICAL ASSISTANCE TO STATES.—In

providing such information and technical assistance

to States, the Secretary shall consider the input of

the directors of consumer-responsive comprehensive

statewide programs of technology-related assistance,

shall provide a clearinghouse for activities that have

been developed and implemented through programs

funded under this title, and shall provide information and technical assistance that—

‘‘(i) facilitate service delivery capacity

building, training of personnel from a variety

of disciplines, and improvement of evaluation

strategies, research, and data collection;

‘‘(ii) foster the development and replication of effective approaches to information re-
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ferral, interagency coordination of training and

service delivery, outreach to underrepresented

populations and rural populations, and public

awareness activities;

‘‘(iii) improve the awareness and adoption

of successful approaches to increasing the

availability of public and private funding for

and access to the provision of assistive technology devices and assistive technology services

by appropriate State agencies;

‘‘(iv) assist in planning, developing, implementing, and evaluating appropriate activities

to further extend consumer-responsive comprehensive statewide programs of technologyrelated assistance;

‘‘(v) promote effective approaches to the

development of consumer-controlled systems

that increase access to, funding for, and awareness of, assistive technology devices and

assistive technology services;

‘‘(vi) provide technical assistance and

training to the entities carrying out activities

funded pursuant to this title, to establish or

participate in electronic communication activities with other States; and
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‘‘(vii) provide any other appropriate information and technical assistance to assist the

States in accomplishing the purposes of this

Act.

‘‘(C) INFORMATION AND TECHNICAL ASSISTANCE TO INDIVIDUALS WITH DISABILITIES AND

OTHER PERSONS.—The Secretary shall provide information and technical assistance to individuals

with disabilities and their family members, guardians, advocates, or authorized representatives, community-based organizations, and protection and advocacy agencies, on a nationwide basis, to—

‘‘(i) disseminate information about, and

foster awareness and understanding of, Federal, State, and local laws, regulations, policies,

practices, procedures, and organizational structures, that facilitate, and overcome barriers to,

funding for, and access to, assistive technology

devices and assistive technology services, to

promote fuller independence, productivity, and

inclusion for individuals with disabilities of all

ages;

‘‘(ii) identify, collect, and disseminate information, and provide technical assistance, on
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effective systems change and advocacy activities;

‘‘(iii) improve the understanding and use

of assistive technology funding decisions made

as a result of policies, practices, and procedures, or through regulations, administrative

hearings, or legal actions, that enhance access

to funding for assistive technology devices and

assistive technology services for individuals

with disabilities;

‘‘(iv) promote effective approaches to Federal-State coordination of programs for individuals with disabilities, through information dissemination and technical assistance activities

in response to funding policy issues identified

on a nationwide basis by organizations, and individuals, that improve funding for or access to

assistive technology devices and assistive technology services for individuals with disabilities

of all ages; and

‘‘(v) promote effective approaches to the

development of consumer-controlled systems

that increase access to, funding for, and awareness of, assistive technology devices and

assistive technology services, including the
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identification and description of mechanisms

and means that successfully support self-help

and peer mentoring groups for individuals with

disabilities.

‘‘(D) COORDINATION.—The Secretary shall coordinate the information and technical assistance

activities carried out under subparagraph (B) or

(C) with other activities funded under this Act.

‘‘(E) GRANTS, CONTRACTS, OR COOPERATIVE

AGREEMENTS.—

‘‘(i) IN GENERAL.—The Secretary shall

provide the technical assistance and information described in subparagraphs (B) and (C)

through grants, contracts, or cooperative

agreements with public or private agencies and

organizations, including institutions of higher

education, with documented experience, expertise, and capacity to carry out identified activities related to the provision of such technical

assistance and information.

‘‘(ii) ENTITIES WITH EXPERTISE IN

ASSISTIVE TECHNOLOGY SERVICE DELIVERY,

INTERAGENCY COORDINATION, AND SYSTEMS

CHANGE AND ADVOCACY ACTIVITIES.—For the

purpose of achieving the objectives described in
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paragraph (1)(B), the Secretary shall reserve

not less than 45 percent and not more than 55

percent of the funds reserved under subparagraph (A) for each fiscal year for grants to, or

contracts or cooperative agreements with, public or private agencies or organizations with

documented experience with and expertise in

assistive technology service delivery, interagency coordination, and systems change and

advocacy activities.

‘‘(iii) ENTITIES WITH EXPERTISE IN

ASSISTIVE TECHNOLOGY SYSTEMS CHANGE

AND ADVOCACY ACTIVITIES, PUBLIC FUNDING

OPTIONS, AND OTHER SERVICES.—For the

purpose of achieving the objectives described in

paragraph (1)(C), the Secretary shall reserve

not less than 45 percent and not more than 55

percent of the funds reserved under subparagraph (A) for each fiscal year for grants to, or

contracts or cooperative agreements with, public or private agencies or organizations with

documented experience with and expertise in—

‘‘(I) assistive technology systems

change and advocacy activities;

‘‘(II) public funding options; and
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‘‘(III) services to increase nationwide

the availability of funding for assistive

technology devices and assistive technology services.

‘‘(iv) APPLICATION.—The Secretary shall

make any grants, and enter into any contracts

or cooperative agreements, under this subsection on a competitive basis. To be eligible to

receive funds under this subsection an agency,

organization, or institution shall submit an application to the Secretary at such time, in such

manner, and containing such information, as

the Secretary may require.

‘‘(2) ONSITE VISITS.—The Secretary may reserve,

from amounts appropriated for any fiscal year under

subsection (a), such sums as the Secretary considers to

be necessary for the purposes of conducting onsite visits

as required by section 105(a)(2).’’.

SEC. 107. REPEALS.

Section 107 (20 U.S.C. 2217) is repealed.

TITLE II—PROGRAMS OF

NATIONAL SIGNIFICANCE

SEC. 201. NATIONAL CLASSIFICATION SYSTEM.

Title II (29 U.S.C. 2231 et seq.) is amended by repealing part A and inserting the following:
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‘‘Subtitle A—National Classification

System

‘‘SEC. 201. CLASSIFICATION SYSTEM.

‘‘(a) SYSTEM DEVELOPMENT PROJECT.—

‘‘(1) IN GENERAL.—In fiscal year 1995, the Secretary shall initiate a system development project, based

on a plan developed in consultation and coordination

with other appropriate Federal and State agencies, to

develop a national classification system for assistive

technology devices and assistive technology services, with

the goal of obtaining uniform data through such a system on such devices and services across public programs

and information and referral networks.

‘‘(2) PROJECT PLAN.—

‘‘(A) REPRESENTATIVES.—In developing a

plan for the system development project, the Secretary shall consult with, and coordinate activities

with—

‘‘(i) representatives of Federal agencies,

including agencies that are headed by members

of the Interagency Disability Coordinating

Council established under section 507 of the

Rehabilitation Act of 1973 (29 U.S.C. 794c);

and
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‘‘(ii) as determined by the Secretary, representatives of State agencies and other appropriate organizations that have responsibility for

or are involved in the development and modification of assistive technology devices, the provision of assistive technology devices and

assistive technology services, or the dissemination of information about assistive technology

devices and assistive technology services, including recipients of grants or contracts for the

provision of technical assistance to State

assistive technology projects under section

106(b), assistive technology reimbursement

specialists, representatives of the State

assistive technology projects, and representatives of organizations involved in information

and referral activities.

‘‘(B) ISSUES.—The Secretary shall conduct

such consultation, and such coordination of activities, with respect to the following:

‘‘(i) The costs and benefits, on an agencyby-agency basis, of obtaining uniform data

through a national classification system for

assistive technology devices and assistive tech-
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nology services across public programs and information and referral networks.

‘‘(ii) The types of data that should be collected, including data regarding funding,

across a range of programs, including the programs listed in subsection (c)(2), as appropriate.

‘‘(iii) A methodology for developing a single taxonomy and nomenclature for both

assistive technology devices and assistive technology services across a range of programs, including the programs listed in subsection

(c)(2), as appropriate.

‘‘(iv) The process for developing an appropriate data collection instrument or instruments.

‘‘(v) A methodology for collecting data

across a range of programs, including the programs listed in subsection (c)(2), as appropriate.

‘‘(vi) The use of a national classification

system by the Internal Revenue Service and

State finance agencies to determine whether

devices and services are assistive technology

devices or assistive technology services for the
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purpose of determining whether a deduction or

credit is allowable under the Internal Revenue

Code of 1986 or State tax law.

‘‘(3) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Secretary may carry out this section directly, or, if necessary, by entering into contracts or cooperative agreements with appropriate entities.

‘‘(b) SINGLE TAXONOMY.—In conducting the system development project, the Secretary shall develop a national classification system that includes a single taxonomy and nomenclature for assistive technology devices and assistive technology services.

‘‘(c) DATA COLLECTION INSTRUMENT.—In conducting

the system development project, the Secretary shall develop

a data collection instrument to—

‘‘(1) collect data regarding funding for assistive

technology devices and assistive technology services; and

‘‘(2) collect such data from public programs, including, at a minimum—

‘‘(A) programs carried out under title I, VI, or

VII of the Rehabilitation Act of 1973 (29 U.S.C.

720 et seq., 795 et seq., or 796 et seq.);

‘‘(B) programs carried out under part B or H

of the Individuals with Disabilities Education Act

(20 U.S.C. 1411 et seq. or 1471 et seq.);
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‘‘(C) programs carried out under title V or

XIX of the Social Security Act (42 U.S.C. 701 et

seq. or 1396 et seq.);

‘‘(D) programs carried out under the Older

Americans Act of 1965 (42 U.S.C. 3001 et seq.);

and

‘‘(E) programs carried out under the Developmental Disabilities Assistance and Bill of Rights

Act (42 U.S.C. 6000 et seq.).

‘‘(d) CONSULTATION.—The Secretary shall conduct the

system development project in consultation with the Federal

agencies that were consulted in developing the project plan.

‘‘(e) REPORT TO THE PRESIDENT AND THE CONGRESS

ON IMPLEMENTATION OF UNIFORM DATA COLLECTION SYSTEM.—Not later than July 1, 1997, the Secretary shall prepare and submit to the President and the appropriate committees of Congress a report containing—

‘‘(1) the results of the system development project;

and

‘‘(2) the recommendations of the Secretary concerning implementation of a national classification system,

including uniform data collection.

‘‘(f) RESERVATION.—From the amounts appropriated

under subtitle C for fiscal year 1995, the Secretary shall reserve up to $200,000 to carry out this subtitle.’’.
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SEC. 202. TRAINING AND DEMONSTRATION PROJECTS.

Title II (29 U.S.C. 2231 et seq.) is amended by repealing parts B, C, and D and inserting the following:

‘‘Subtitle B—Training and

Demonstration Projects

‘‘SEC. 211. TRAINING.

‘‘(a) TECHNOLOGY TRAINING.—

‘‘(1) GENERAL AUTHORITY.—The Secretary shall

make grants to, or enter into contracts or cooperative

agreements with, appropriate public or private agencies

and organizations, including institutions of higher education and community-based organizations, for the purposes of—

‘‘(A) conducting training sessions;

‘‘(B) developing, demonstrating, disseminating,

and evaluating curricula, materials, and methods

used to train individuals regarding the provision of

technology-related assistance, to enhance opportunities for independence, productivity, and inclusion of

individuals with disabilities; and

‘‘(C) providing training to develop awareness,

skills, and competencies of service providers, consumers, and volunteers, who are located in rural

areas, to increase the availability of technology-related assistance in community-based settings for

rural residents who are individuals with disabilities.
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‘‘(2) ELIGIBLE ACTIVITIES.—Activities conducted

under grants, contracts, or cooperative agreements described in paragraph (1) may address the training needs

of individuals with disabilities and their family members,

guardians, advocates, and authorized representatives, individuals who work for public agencies, or for private entities (including insurers), that have contact with individuals with disabilities, educators and related services

personnel, technology experts (including engineers), employers, and other appropriate individuals.

‘‘(3) USES OF FUNDS.—An agency or organization

that receives a grant or enters into a contract or cooperative agreement under paragraph (1) may use amounts

made available through the grant, contract, or agreement to—

‘‘(A) pay for a portion of the cost of courses

of training or study related to technology-related assistance; and

‘‘(B) establish and maintain scholarships related to such courses of training or study, with such

stipends and allowances as the Secretary may determine to be appropriate.

‘‘(4) APPLICATION.—

‘‘(A) IN GENERAL.—To be eligible to receive a

grant or enter into a contract or cooperative agree-
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ment under paragraph (1), an agency or organization shall submit an application to the Secretary at

such time, in such manner, and containing such information as the Secretary may require.

‘‘(B) STRATEGIES.—At a minimum, any such

application shall include a detailed description of

the strategies that the agency or organization will

use to recruit and train persons to provide technology-related assistance, in order to—

‘‘(i) increase the extent to which such persons reflect the diverse populations of the

United States; and

‘‘(ii) increase the number of individuals

with disabilities, and individuals who are members of minority groups, who are available to

provide such assistance.

‘‘(5) PRIORITIES.—

‘‘(A) IN GENERAL.—Beginning in fiscal year

1994, the Secretary shall—

‘‘(i) establish priorities for activities carried out with assistance under this subsection;

‘‘(ii) publish such priorities in the Federal

Register for the purpose of receiving public

comment; and
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‘‘(iii) publish such priorities in the Federal

Register in final form not later than the date

on which the Secretary publishes announcements for assistance provided under this subsection.

‘‘(B) EXPLANATION OF DETERMINATION OF

PRIORITIES.—Concurrent with the publications required by subparagraph (A), the Secretary shall

publish in the Federal Register an explanation of

the manner in which the priorities were determined.

‘‘(b) TECHNOLOGY CAREERS.—

‘‘(1) IN GENERAL.—

‘‘(A) GRANTS.—The Secretary shall make

grants to assist public or private agencies and organizations, including institutions of higher education,

to prepare students and faculty working in specific

fields for careers relating to the provision of

assistive technology devices and assistive technology

services.

‘‘(B) FIELDS.—The specific fields described in

subparagraph (A) may include—

‘‘(i) engineering;

‘‘(ii) industrial technology;

‘‘(iii) computer science;

‘‘(iv) communication disorders;
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‘‘(v) special education and related services;

‘‘(vi) rehabilitation; and

‘‘(vii) social work.

‘‘(2) PRIORITY.—In awarding grants under paragraph (1), the Secretary shall give priority to the interdisciplinary preparation of personnel who provide or who

will provide technical assistance, who administer programs, or who prepare other personnel, in order to—

‘‘(A) support the development and implementation of consumer-responsive comprehensive statewide programs of technology-related assistance to

individuals with disabilities; and

‘‘(B) enhance the skills and competencies of individuals involved in the provision of technology-related assistance, including assistive technology devices and assistive technology services, to individuals with disabilities.

‘‘(3) USES OF FUNDS.—An agency or organization

that receives a grant under paragraph (1) may use

amounts made available through the grant to—

‘‘(A) pay for a portion of the cost of courses

of training or study related to technology-related assistance; and

‘‘(B) establish and maintain scholarships related to such courses of training or study, with such
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stipends and allowances as the Secretary may determine to be appropriate.

‘‘(4) APPLICATION.—

‘‘(A) IN GENERAL.—To be eligible to receive a

grant under this section, an agency or organization

shall submit an application to the Secretary at such

time, in such manner, and containing such information as the Secretary may require.

‘‘(B) STRATEGIES.—At a minimum, any such

application shall include a detailed description of

the strategies that the agency or organization will

use to recruit and train persons to provide technology-related assistance, in order to—

‘‘(i) increase the extent to which such persons reflect the diverse populations of the

United States; and

‘‘(ii) increase the number of individuals

with disabilities, and individuals who are members of minority groups, who are available to

provide such assistance.

‘‘(c) GRANTS TO HISTORICALLY BLACK COLLEGES.—In

exercising the authority granted in subsections (a) and (b),

the Secretary shall reserve an adequate amount for grants to

historically black colleges and universities and other institu-
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tions of higher education whose minority student enrollment

is at least 50 percent.

‘‘SEC. 212. TECHNOLOGY TRANSFER.

‘‘The Secretary shall enter into an agreement with an

organization whose primary function is to promote technology

transfer from, and cooperation among, Federal laboratories

(as defined in section 4(6) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(6))), under

which funds shall be provided to promote technology transfer

that will spur the development of assistive technology devices.

‘‘SEC. 213. DEVICE AND EQUIPMENT REDISTRIBUTION INFORMATION SYSTEMS AND RECYCLING CENTERS.

‘‘(a) IN GENERAL.—The Secretary shall make grants to,

or enter into contracts or cooperative agreements with, public

agencies, private entities, or institutions of higher education

for the purpose of developing and establishing recycling

projects.

‘‘(b) PROJECT ACTIVITIES.—Such recycling projects may

include—

‘‘(1) a system for accepting, on an unconditional

gift basis, assistive technology devices, including a process for valuing the devices and evaluating their use and

potential;

‘‘(2) a system for storing and caring for such devices;
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‘‘(3) an information system (including computer

databases) by which local educational agencies, rehabilitation entities, local community-based organizations,

independent living centers, and other entities, would be

informed, on a periodic and timely basis, about the availability and nature of the devices currently held; and

‘‘(4) a system that makes such devices available to

consumers and the entities listed in paragraph (3), and

provides for tracking each device throughout the useful

life of the device.

‘‘(c) MULTIPLE PROVIDERS.—

‘‘(1) IN GENERAL.—With respect to activities funded under this section, an agency, entity, or institution

may utilize a single service provider or may establish a

system of service providers.

‘‘(2) ASSURANCES.—If an agency, entity, or institution uses multiple providers, the agency, entity, or institution shall assure that—

‘‘(A) all consumers within a State will receive

equal access to services, regardless of the geographic location or socioeconomic status of the consumers; and

‘‘(B) all activities of the providers will be coordinated and monitored by the agency, entity, or

institution.
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‘‘(d) OTHER LAWS.—Nothing in this section shall affect

the provision of services or devices pursuant to title I of the

Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) or part

B of the Individuals with Disabilities Education Act (20

U.S.C. 1411 et seq.).

‘‘(e) EXISTING PROGRAMS.—Public agencies, private entities, or institutions of higher education that have established recycling programs prior to receiving assistance under

this section may use funds made available under this section

to extend and strengthen such programs through grants, contracts, or agreements under this section.

‘‘SEC. 214. BUSINESS OPPORTUNITIES FOR INDIVIDUALS WITH

DISABILITIES.

‘‘The Secretary may make grants to individuals with disabilities to enable the individuals to establish or operate commercial or other enterprises that develop or market assistive

technology devices or assistive technology services.

‘‘SEC. 215. PRODUCTS OF UNIVERSAL DESIGN.

‘‘The Secretary may make grants to commercial or other

enterprises and institutions of higher education for the research and development of products of universal design. In

awarding such grants, the Secretary shall give preference to

enterprises that are owned or operated by individuals with

disabilities.
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‘‘SEC. 216. GOVERNING STANDARDS FOR ACTIVITIES.

‘‘Persons and entities that carry out activities pursuant

to this subtitle shall—

‘‘(1) be held to the same consumer-responsive

standards as the persons and entities carrying out programs under title I;

‘‘(2) make available to individuals with disabilities

and their family members, guardians, advocates, and authorized representatives information concerning technology-related assistance in a form that will allow such

individuals with disabilities to effectively use such information;

‘‘(3) in preparing such information for dissemination, 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; and

‘‘(4) coordinate their efforts with the consumer-responsive comprehensive statewide program of technologyrelated assistance for individuals with disabilities in any

State in which the activities are carried out.
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‘‘Subtitle C—Authorization of

Appropriations

‘‘SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out

this title $10,000,000 for fiscal year 1994, and such sums as

may be necessary for each of the fiscal years 1995 through

1998.’’.

TITLE III—ALTERNATIVE

FINANCING MECHANISMS

SEC. 301. ALTERNATIVE FINANCING MECHANISMS AUTHORIZED.

The Act (29 U.S.C. 2201 et seq.) is amended by adding

at the end the following:

‘‘TITLE III—ALTERNATIVE

FINANCING MECHANISMS

‘‘SEC. 301. GENERAL AUTHORITY TO PROVIDE ALTERNATIVE FINANCING MECHANISMS.

‘‘(a) IN GENERAL.—The Secretary shall award grants to

States to pay for the Federal share of the cost of the establishment and administration of, or the expansion and administration of, alternative financing mechanisms (referred to individually in this title as an ‘alternative financing mechanism’) to allow individuals with disabilities and their family

members, guardians, and authorized representatives to pur-
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chase assistive technology devices and assistive technology

services.

‘‘(b) MECHANISMS.—The alternative financing mechanisms may include—

‘‘(1) a low-interest loan fund;

‘‘(2) a revolving fund;

‘‘(3) a loan insurance program;

‘‘(4) a partnership with private entities for the purchase, lease, or other acquisition of assistive technology

devices or the provision of assistive technology services;

and

‘‘(5) other alternative financing mechanisms that

meet the requirements of this Act and are approved by

the Secretary.

‘‘(c) CONSTRUCTION.—Nothing in this section shall be

construed as affecting the authority of a State to establish

alternative financing mechanisms under title I.

‘‘SEC. 302. APPLICATIONS AND PROCEDURES.

‘‘(a) ELIGIBILITY.—States that receive or have received

grants under section 102 or 103 shall be eligible to compete

for grants under section 301.

‘‘(b) REQUIREMENTS.—The Secretary shall make grants

under section 301 under such conditions as the Secretary

shall, by regulation, determine, except that—
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‘‘(1) a State may receive only 1 grant under section

301 and may only receive such a grant for 1 year under

this title;

‘‘(2) a State that desires to receive a grant under

section 301 shall submit an application to the Secretary,

at such time and in such manner as the Secretary may

require, containing—

‘‘(A) an assurance that the State will provide

at least 50 percent of the cost described in section

301(a), as set forth in section 304, for the purpose

of supporting the alternative financing mechanisms

that are covered by the grant;

‘‘(B) an assurance that an alternative financing mechanism will continue on a permanent basis;

and

‘‘(C) a description of the degree to which the

alternative financing mechanisms to be funded

under section 301 will expand and emphasize

consumer choice and control;

‘‘(3) a State that receives a grant under section

301—

‘‘(A) shall enter into a contract, with a community-based organization (or a consortia of such organizations) that has individuals with disabilities involved at all organizational levels, for the adminis-
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tration of the alternative financing mechanisms that

are supported under section 301; and

‘‘(B) shall require that such community-based

organization enter into a contract, for the purpose

of expanding opportunities under section 301 and

facilitating the administration of the alternative financing mechanisms, with—

‘‘(i) commercial lending institutions or organizations; or

‘‘(ii) State financing agencies; and

‘‘(4) a contract between a State that receives a

grant under section 301 and a community-based organization described in paragraph (3)—

‘‘(A) shall include a provision regarding the administration of the Federal and the non-Federal

shares in a manner consistent with the provisions of

this title; and

‘‘(B) shall include any provision required by

the Secretary dealing with oversight and evaluation

as may be necessary to protect the financial interests of the United States.

‘‘SEC. 303. GRANT ADMINISTRATION REQUIREMENTS.

‘‘A State that receives a grant under section 301, together with any community-based organization that enters

into a contract with the State to administer an alternative fi-
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nancing mechanism that is supported under section 301, shall

develop and submit to the Secretary, pursuant to a timeline

that the Secretary may establish or, if the Secretary does not

establish a timeline, within the 12-month period beginning on

the date that the State receives the grant, the following policies or procedures for administration of the mechanism:

‘‘(1) A procedure to review and process in a timely

fashion requests for financial assistance for both immediate and potential technology needs, including consideration of methods to reduce paperwork and duplication of

effort, particularly relating to need, eligibility, and determination of the specific device or service to be provided.

‘‘(2) A policy and procedure to assure that access

to the alternative financing mechanism shall be given to

consumers regardless of type of disability, age, location

of residence in the State, or type of assistive technology

device or assistive technology service requested and shall

be made available to applicants of all income levels.

‘‘(3) A procedure to assure consumer-controlled

oversight.

‘‘SEC. 304. FINANCIAL REQUIREMENTS.

‘‘(a) FEDERAL SHARE.—The Federal share of the costs

described in section 301(a) shall be not more than 50 percent.
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‘‘(b) REQUIREMENTS.—A State that desires to receive a

grant under section 301 shall include in the application submitted under section 302 assurances that the State will meet

the following requirements regarding funds supporting an alternative funding mechanism assisted under section 301:

‘‘(1) The State shall make available the funds necessary to provide the non-Federal share of the costs described in section 301(a), in cash, from State, local, or

private sources.

‘‘(2) Funds that support an alternative financing

mechanism assisted under section 301—

‘‘(A) shall be used to supplement and not supplant other Federal, State, and local public funds

expended to provide public funding options; and

‘‘(B) may only be distributed through the entity carrying out the alternative financing mechanism as a payer of last resort for assistance that is

not available in a reasonable or timely fashion from

any other Federal, State, or local source.

‘‘(3) All funds that support an alternative financing

mechanism assisted under section 301, including funds

repaid during the life of the mechanism, shall be placed

in a permanent separate account and identified and accounted for separately from any other fund. Funds within this account may be invested in low-risk securities in
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which a regulated insurance company may invest under

the law of the State for which the grant is provided and

shall be administered with the same judgment and care

that a person of prudence, discretion, and intelligence

would exercise in the management of the financial affairs of such person.

‘‘(4) Funds comprised of the principal and interest

from an account described in paragraph (3) shall be

available to support an alternative financing mechanism

assisted under section 301. Any interest or investment

income that accrues on such funds after such funds have

been placed under the control of the entity administering

the mechanism, but before such funds are distributed for

purposes of supporting the mechanism, shall be the

property of the entity administering the mechanism and

shall not be taken into account by any officer or employee of the Federal Government for any purpose.

‘‘SEC. 305. AMOUNT OF GRANTS.

‘‘(a) AMOUNT.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), a grant under section 301 shall be for an

amount that is not more than $500,000.

‘‘(2) INCREASES.—Such a grant may be increased

by any additional funds made available under subsection

(b).
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‘‘(b) EXCESS FUNDS.—If funds appropriated under section 308 for a fiscal year exceed the amount necessary to

fund the activities described in acceptable applications submitted under section 302 for such year, the Secretary shall

make such excess amount available, on a competitive basis,

to States receiving grants under section 301 for such year.

A State that desires to receive additional funds under this

subsection shall amend and resubmit to the Secretary the application submitted under section 302. Such amended application shall contain an assurance that the State will provide

an additional amount for the purpose of supporting the alternative financing mechanisms covered by the grant that is not

less than the amount of any additional funds paid to the

State by the Secretary under this subsection.

‘‘(c) INSUFFICIENT FUNDS.—If funds appropriated

under section 308 for a fiscal year are not sufficient to fund

each of the activities described in the acceptable applications

for such year, a State whose application was approved as acceptable for such year but that did not receive a grant under

section 301, may update such application for the succeeding

fiscal year. Priority shall be given in such succeeding fiscal

year to such updated applications, if acceptable.
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‘‘SEC. 306. TECHNICAL ASSISTANCE.

‘‘(a) IN GENERAL.—The Secretary shall provide information and technical assistance to States under this title, and

the information and technical assistance shall include—

‘‘(1) assisting States in the preparation of applications for grants under section 301;

‘‘(2) assisting States that receive such grants in developing and implementing alternative financing mechanisms; and

‘‘(3) providing any other information and technical

assistance to assist States in accomplishing the objectives of this title.

‘‘(b) GRANTS, CONTRACTS, AND AGREEMENTS.—The

Secretary shall provide the information and technical assistance described in subsection (a) through grants, contracts, or

cooperative agreements with public or private agencies and

organizations, including institutions of higher education, with

documented experience, expertise, and capacity to assist

States in the development and implementation of the alternative financing mechanisms described in section 301.

‘‘SEC. 307. ANNUAL REPORT.

‘‘(a) IN GENERAL.—Not later than December 31 of each

year, the Secretary shall submit a report to the Congress

stating whether each State program to provide alternative financing mechanisms that was supported under section 301
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during the year is making significant progress in achieving

the objectives of this title.

‘‘(b) CONTENTS.—The report shall include information

on—

‘‘(1) the number of applications for grants under

section 301 that were received by the Secretary;

‘‘(2) the number of grants made and the amounts

of such grants;

‘‘(3) the ratio of the amount of funds provided by

each State for a State program to provide alternative financing mechanisms to the amount of Federal funds

provided for such program;

‘‘(4) the type of program to provide alternative financing mechanisms that was adopted in each State and

the community-based organization (or consortia of such

organizations) with which each State has entered into a

contract; and

‘‘(5) the amount of assistance given to consumers

(who shall be classified by age, type of disability, type

of assistive technology device or assistive technology

service received, geographic distribution within the State,

gender, and whether the consumers are part of an

underrepresented population or a rural population).
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‘‘SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated to carry out this title $8,000,000 for fiscal year 1994,

and such sums as may be necessary for each of the fiscal

years 1995 through 1998.

‘‘(b) AVAILABILITY IN SUCCEEDING FISCAL YEAR.—

Amounts appropriated under subsection (a) shall remain

available for obligation for the fiscal year immediately following the fiscal year for which such amounts were appropriated.

‘‘(c) RESERVATION.—Of the amounts appropriated

under subsection (a), the Secretary shall reserve $250,000 for

the purpose of providing information and technical assistance

to States under section 306.’’.

TITLE IV—AMENDMENTS TO

OTHER ACTS

SEC. 401. INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

Section 631(a)(1) of the Individuals with Disabilities

Education Act (20 U.S.C. 1431(a)(1)) is amended—

(1) by striking ‘‘, and’’ at the end of subparagraph

(D) and inserting a comma;

(2) by striking the period at the end of subparagraph (E) and inserting ‘‘, and’’; and

(3) by adding at the end the following:

‘‘(F) training in the use, applications, and benefits

of assistive technology devices and assistive technology

services (as defined in paragraphs (2) and (3) of section
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3 of the Technology-Related Assistance for Individuals

With Disabilities Act of 1988 (29 U.S.C. 2202 (2) and

(3))).’’.

SEC. 402. REHABILITATION ACT OF 1973.

(a) NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH.—Section 202(b)(8) of the Rehabilitation Act of 1973 (29 U.S.C. 761a(b)(8)) is amended by

striking ‘‘characteristics of individuals with disabilities’’ and

inserting ‘‘characteristics of individuals with disabilities, including information on individuals with disabilities who live in

rural or inner-city settings, with particular attention given to

underserved populations,’’.

(b) TRAINING.—Section 302(b)(1)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 771a(b)(1)(B)), as added by section 302(b) of Public Law 102–569 (106 Stat. 4412), is

amended—

(1) by striking ‘‘; and’’ at the end of clause (ii) and

inserting a semicolon;

(2) by striking the period at the end of clause (iii)

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(iv) projects to train personnel in the use, applications, and benefits of assistive technology devices and assistive technology services (as defined in

paragraphs (2) and (3) of section 3 of the Tech-
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nology-Related Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C. 2202 (2) and

(3))).’’.

SEC. 403. ADMINISTRATIVE REQUIREMENTS UNDER THE HEAD

START ACT.

Section 644(f) of the Head Start Act (42 U.S.C.

9839(f)) is amended—

(1) in paragraph (1)—

(A) by inserting ‘‘, or to request approval of

the purchase (after December 31, 1986) of facilities,’’ after ‘‘to purchase facilities’’; and

(B) by adding at the end the following: ‘‘The

Secretary shall suspend any proceedings pending

against any Head Start agency to claim costs incurred in purchasing such facilities until the agency

has been afforded an opportunity to apply for approval of the purchase and the Secretary has determined whether the purchase will be approved. The

Secretary shall not be required to repay claims previously satisfied by Head Start agencies for costs

incurred in the purchase of such facilities.’’; and

(2) in paragraph (2)—

(A) in subparagraph (A), by inserting ‘‘or that

was previously purchased’’ before the semicolon;

(B) in subparagraph (C)—
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(i) by inserting ‘‘, or the previous purchase has resulted,’’ after ‘‘purchase will result’’ in clause (i); and

(ii) in clause (ii)—

(I) by inserting ‘‘, or would have prevented,’’ after ‘‘will prevent’’; and

(II) by striking ‘‘and’’ at the end;

(C) by redesignating subparagraph (D) as subparagraph (E); and

(D) by inserting after subparagraph (C) the

following:

‘‘(D) in the case of a request regarding a previously

purchased facility, information demonstrating that the

facility will be used principally as a Head Start center,

or a direct support facility for a Head Start program;

and’’.

SEC. 404. TECHNICAL AND CONFORMING AMENDMENTS.

(a) ASSISTIVE TECHNOLOGY DEVICE.—Section 7(23) of

the Rehabilitation Act of 1973 (29 U.S.C. 706(23)), as added

by section 102(n) of Public Law 102–569 (106 Stat. 4350),

is amended—

(1) by striking ‘‘3(1)’’ and inserting ‘‘3(2)’’; and

(2) by striking ‘‘2202(1)’’ and inserting ‘‘2202(2)’’.

(b) ASSISTIVE TECHNOLOGY SERVICE.—Section 7(24) of

the Rehabilitation Act of 1973 (29 U.S.C. 706(24)), as added
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by section 102(n) of Public Law 102–569 (106 Stat. 4350),

is amended—

(1) by striking ‘‘3(2)’’ and inserting ‘‘3(3)’’; and

(2) by striking ‘‘2202(2)’’ and inserting ‘‘2202(3)’’.

TITLE V—EFFECTIVE DATE

SEC. 501. EFFECTIVE DATE.

(a) IN GENERAL.—Except as otherwise specifically provided in this Act, this Act and the amendments made by this

Act shall take effect on the date of the enactment of this Act.

(b) COMPLIANCE.—Each State receiving a grant under

the Technology-Related Assistance for Individuals With Disabilities Act of 1988 shall comply with the amendments made

by this Act—

(1) as soon as practicable after the date of the enactment of this Act, consistent with the effective and efficient administration of the Technology-Related Assistance for Individuals With Disabilities Act of 1988; but

(2) not later than—

(A) the next date on which the State receives

an award through a grant under section 102 or 103

of such Act; or

(B) October 1, 1994,
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whichever is sooner.

Attest:

Clerk.

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