IV

103D CONGRESS

2D SESSION H. RES. 351

To agree to the Senate amendment to the bill (H.R. 2339) with an

amendment.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 8, 1994

Mr. OWENS submitted the following resolution; which was considered and

agreed to

RESOLUTION

To agree to the Senate amendment to the bill (H.R. 2339)

with an amendment.

1 Resolved, That upon adoption of this resolution the

2 bill (H.R. 2339) to revise and extend the programs of the

3 Technology-Related Assistance for Individuals With Dis4 abilities Act of 1988, and for other purposes be and is

5 hereby taken from the Speaker’s table to the end that the

6 Senate amendment to the text of the bill be and is hereby

7 agreed to with the following amendment:
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Technology-Related Assistance for Individuals With Dis4 abilities Act Amendments of 1994’’.

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

6 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.

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.

7 SEC. 2. REFERENCES.

8 Except as otherwise specifically provided, whenever in

9 this Act an amendment or repeal is expressed in terms

10 of an amendment to, or a repeal of, a section or other

11 provision, the reference shall be considered to be made to
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1 a section or other provision of the Technology-Related As2 sistance for Individuals With Disabilities Act of 1988 (29

3 U.S.C. 2201 et seq.).

4 SEC. 3. FINDINGS, PURPOSES, AND POLICY.

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

6 is amended by striking the heading and inserting the fol7 lowing:

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

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

10 amended to read as follows:

11 ‘‘(a) FINDINGS.—The Congress finds as follows:

12 ‘‘(1) Disability is a natural part of the human

13 experience and in no way diminishes the right of in14 dividuals to—

15 ‘‘(A) live independently;

16 ‘‘(B) enjoy self-determination;

17 ‘‘(C) make choices;

18 ‘‘(D) pursue meaningful careers; and

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

20 the economic, political, social, cultural, and edu21 cational mainstream of American society.

22 ‘‘(2) During the past decade, there have been

23 major advances in modern technology. Technology is

24 now a powerful force in the lives of all residents of

25 the United States. Technology can provide important
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1 tools for making the performance of tasks quicker

2 and easier.

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

4 assistive technology devices and assistive technology

5 services are necessary to enable the individuals—

6 ‘‘(A) to have greater control over their

7 lives;

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

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

10 work environments, and in their communities;

11 ‘‘(C) to interact to a greater extent with

12 individuals who do not have disabilities; and

13 ‘‘(D) to otherwise benefit from opportuni14 ties that are taken for granted by individuals

15 who do not have disabilities.

16 ‘‘(4) Substantial progress has been made in the

17 development of assistive technology devices, includ18 ing adaptations to existing equipment, that signifi19 cantly benefit individuals with disabilities of all ages.

20 Such devices can be used to increase the involvement

21 of such individuals in, and reduce expenditures asso22 ciated with, programs and activities such as early

23 intervention, education, rehabilitation and training,

24 employment, residential living, independent living,

25 recreation, and other aspects of daily living.
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1 ‘‘(5) Most States have technology-related assist2 ance programs carried out under this Act. In spite

3 of the efforts made by such programs, there remains

4 a need to support systems change and advocacy ac5 tivities in order to assist States to develop and im6 plement consumer-responsive, comprehensive state7 wide programs of technology-related assistance for

8 individuals with disabilities of all ages.

9 ‘‘(6) Notwithstanding the efforts of such State

10 technology-related assistance programs, there is still

11 a lack of—

12 ‘‘(A) resources to pay for assistive tech13 nology devices and assistive technology services;

14 ‘‘(B) trained personnel to assist individuals

15 with disabilities to use such devices and serv16 ices;

17 ‘‘(C) information among individuals with

18 disabilities and their family members, guard19 ians, advocates, and authorized representatives,

20 individuals who work for public agencies, or for

21 private entities (including insurers), that have

22 contact with individuals with disabilities, edu23 cators and related service personnel, technology

24 experts (including engineers), employers, and

25 other appropriate individuals about the avail-
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1 ability and potential of technology for individ2 uals with disabilities;

3 ‘‘(D) aggressive outreach to

4 underrepresented populations and rural popu5 lations;

6 ‘‘(E) systems that ensure timely acquisi7 tion and delivery of assistive technology devices

8 and assistive technology services, particularly

9 with respect to children;

10 ‘‘(F) coordination among State human

11 services programs, and between such programs

12 and private entities, particularly with respect to

13 transitions between such programs and entities;

14 and

15 ‘‘(G) capacity in such programs to provide

16 the necessary technology-related assistance.

17 ‘‘(7) Many individuals with disabilities cannot

18 access existing telecommunications and information

19 technologies and are at risk of not being able to ac20 cess developing technologies. The failure of Federal

21 and State governments, hardware manufacturers,

22 software designers, information systems managers,

23 and telecommunications service providers to account

24 for the specific needs of individuals with disabilities

25 results in the exclusion of such individuals from the
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1 use of telecommunications and information tech2 nologies and results in unnecessary costs associated

3 with the retrofitting of devices and product systems.

4 ‘‘(8) There are insufficient incentives for the

5 commercial pursuit of the application of technology

6 devices to meet the needs of individuals with disabil7 ities, because of the perception that such individuals

8 constitute a limited market.

9 ‘‘(9) At the Federal level, there is a lack of co10 ordination among agencies that provide or pay for

11 the provision of assistive technology devices and

12 assistive technology services. In addition, the Fed13 eral Government does not provide adequate assist14 ance and information with respect to the use of

15 assistive technology devices and assistive technology

16 services to individuals with disabilities and their

17 family members, guardians, advocates, and author18 ized representatives, individuals who work for public

19 agencies, or for private entities (including insurers),

20 that have contact with individuals with disabilities,

21 educators and related services personnel, technology

22 experts (including engineers), employers, and other

23 appropriate individuals.’’.

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

25 amended to read as follows:
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1 ‘‘(b) PURPOSES.—The purposes of this Act are as fol2 lows:

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

4 States to support systems change and advocacy ac5 tivities designed to assist each State in developing

6 and implementing a consumer-responsive com7 prehensive statewide program of technology-related

8 assistance, for individuals with disabilities of all

9 ages, that is designed to—

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

11 for, access to, and provision of, assistive tech12 nology devices and assistive technology services;

13 ‘‘(B) increase the active involvement of in14 dividuals with disabilities and their family mem15 bers, guardians, advocates, and authorized rep16 resentatives, in the planning, development, im17 plementation, and evaluation of such a pro18 gram;

19 ‘‘(C) increase the involvement of individ20 uals with disabilities and, if appropriate, their

21 family members, guardians, advocates, or au22 thorized representatives, in decisions related to

23 the provision of assistive technology devices and

24 assistive technology services;
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1 ‘‘(D) increase the provision of outreach to

2 underrepresented populations and rural popu3 lations, to enable the two populations to enjoy

4 the benefits of programs carried out to accom5 plish purposes described in this paragraph to

6 the same extent as other populations;

7 ‘‘(E) increase and promote coordination

8 among State agencies, and between State agen9 cies and private entities, that are involved in

10 carrying out activities under this title, particu11 larly providing assistive technology devices and

12 assistive technology services, that accomplish a

13 purpose described in another subparagraph of

14 this paragraph;

15 ‘‘(F)(i) increase the awareness of laws,

16 regulations, policies, practices, procedures, and

17 organizational structures, that facilitate the

18 availability or provision of assistive technology

19 devices and assistive technology services; and

20 ‘‘(ii) facilitate the change of laws, regula21 tions, policies, practices, procedures, and orga22 nizational structures, that impede the availabil23 ity or provision of assistive technology devices

24 and assistive technology services;
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1 ‘‘(G) increase the probability that individ2 uals with disabilities of all ages will, to the ex3 tent appropriate, be able to secure and main4 tain possession of assistive technology devices

5 as such individuals make the transition between

6 services offered by human service agencies or

7 between settings of daily living;

8 ‘‘(H) enhance the skills and competencies

9 of individuals involved in providing assistive

10 technology devices and assistive technology

11 services;

12 ‘‘(I) increase awareness and knowledge of

13 the efficacy of assistive technology devices and

14 assistive technology services among—

15 ‘‘(i) individuals with disabilities and

16 their family members, guardians, advo17 cates, and authorized representatives;

18 ‘‘(ii) individuals who work for public

19 agencies, or for private entities (including

20 insurers), that have contact with individ21 uals with disabilities;

22 ‘‘(iii) educators and related services

23 personnel;

24 ‘‘(iv) technology experts (including en25 gineers);
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1 ‘‘(v) employers; and

2 ‘‘(vi) other appropriate individuals;

3 ‘‘(J) increase the capacity of public agen4 cies and private entities to provide and pay for

5 assistive technology devices and assistive tech6 nology services on a statewide basis for individ7 uals with disabilities of all ages; and

8 ‘‘(K) increase the awareness of the needs

9 of individuals with disabilities for assistive tech10 nology devices and for assistive technology serv11 ices.

12 ‘‘(2) To identify Federal policies that facilitate

13 payment for assistive technology devices and

14 assistive technology services, to identify Federal poli15 cies that impede such payment, and to eliminate in16 appropriate barriers to such payment.

17 ‘‘(3) To enhance the ability of the Federal Gov18 ernment to provide States with—

19 ‘‘(A) technical assistance, information,

20 training, and public awareness programs relat21 ing to the provision of assistive technology de22 vices and assistive technology services; and

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

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

25 by adding at the end the following:
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1 ‘‘(c) POLICY.—It is the policy of the United States

2 that all programs, projects, and activities receiving assist3 ance under this Act shall be consumer-responsive and shall

4 be carried out in a manner consistent with the principles

5 of—

6 ‘‘(1) respect for individual dignity, personal re7 sponsibility, self-determination, and pursuit of mean8 ingful careers, based on informed choice, of individ9 uals with disabilities;

10 ‘‘(2) respect for the privacy, rights, and equal

11 access (including the use of accessible formats), of

12 such individuals;

13 ‘‘(3) inclusion, integration, and full participa14 tion of such individuals;

15 ‘‘(4) support for the involvement of a family

16 member, a guardian, an advocate, or an authorized

17 representative, if an individual with a disability re18 quests, desires, or needs such support; and

19 ‘‘(5) support for individual and systems advo20 cacy and community involvement.’’.

21 SEC. 4. DEFINITIONS.

22 Section 3 (29 U.S.C. 2202) is amended—

23 (1) by redesignating paragraphs (1) through

24 (8) as paragraphs (2), (3), (7), (8), (10), (11), (13),

25 and (14), respectively;
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1 (2) by inserting before paragraph (2) (as redes2 ignated by paragraph (1)) the following:

3 ‘‘(1) ADVOCACY SERVICES.—The term ‘advo4 cacy services’, except as used as part of the term

5 ‘protection and advocacy services’, means services—

6 ‘‘(A) provided to assist individuals with

7 disabilities and their family members, guard8 ians, advocates, and authorized representatives

9 in accessing assistive technology devices and

10 assistive technology services; and

11 ‘‘(B) provided through—

12 ‘‘(i) individual case management for

13 individuals with disabilities;

14 ‘‘(ii) representation of individuals with

15 disabilities (other than representation with16 in the definition of protection and advocacy

17 services);

18 ‘‘(iii) training of individuals with dis19 abilities and their family members, guard20 ians, advocates, and authorized representa21 tives to successfully conduct advocacy for

22 themselves; or

23 ‘‘(iv) dissemination of information.’’;

24 (3) in paragraph (3)(E) (as redesignated by

25 paragraph (1)), by striking ‘‘family’’ and all that fol-
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1 lows and inserting ‘‘the family members, guardians,

2 advocates, or authorized representatives of such an

3 individual; and’’;

4 (4) by inserting after paragraph (3) (as redesig5 nated by paragraph (1)) the following:

6 ‘‘(4) COMPREHENSIVE STATEWIDE PROGRAM OF

7 TECHNOLOGY-RELATED ASSISTANCE.—The term

8 ‘comprehensive statewide program of technology-re9 lated assistance’ means a statewide program of tech10 nology-related assistance developed and implemented

11 by a State under title I that—

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

13 with disabilities, including members of

14 underrepresented populations and members of

15 rural populations;

16 ‘‘(B) addresses such needs without regard

17 to the age, type of disability, race, ethnicity, or

18 gender of such individuals, or the particular

19 major life activity for which such individuals

20 need the assistance; and

21 ‘‘(C) addresses such needs without requir22 ing that the assistance be provided through any

23 particular agency or service delivery system.

24 ‘‘(5) CONSUMER-RESPONSIVE.—The term

25 ‘consumer-responsive’ means, with respect to an en-
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1 tity, program, or activity, that the entity, program,

2 or activity—

3 ‘‘(A) is easily accessible to, and usable by,

4 individuals with disabilities and, when appro5 priate, their family members, guardians, advo6 cates, or authorized representatives;

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

8 with disabilities in a timely and appropriate

9 manner; and

10 ‘‘(C) facilitates the full and meaningful

11 participation of individuals with disabilities (in12 cluding individuals from underrepresented pop13 ulations and rural populations) and their family

14 members, guardians, advocates, and authorized

15 representatives, in—

16 ‘‘(i) decisions relating to the provision

17 of assistive technology devices and assistive

18 technology services; and

19 ‘‘(ii) the planning, development, im20 plementation, and evaluation of the com21 prehensive statewide program of tech22 nology-related assistance.

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

24 a condition of an individual that is considered to be

25 a disability or handicap for the purposes of any Fed-
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1 eral law other than this Act or for the purposes of

2 the law of the State in which the individual re3 sides.’’;

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

5 by paragraph (1)) and inserting the following:

6 ‘‘(7) INDIVIDUAL WITH A DISABILITY; INDIVID7 UALS WITH DISABILITIES.—

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

9 The term ‘individual with a disability’ means

10 any individual—

11 ‘‘(i) who has a disability; and

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

13 assistive technology device or an assistive

14 technology service to minimize deteriora15 tion in functioning, to maintain a level of

16 functioning, or to achieve a greater level of

17 functioning in any major life activity.

18 ‘‘(B) INDIVIDUALS WITH DISABILITIES.—

19 The term ‘individuals with disabilities’ means

20 more than one individual with a disability.’’;

21 (6) in paragraph (8) (as redesignated by para22 graph (1))—

23 (A) by striking ‘‘section 435(b)’’ and in24 serting ‘‘section 1201(a)’’; and
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1 (B) by striking ‘‘1965’’ and inserting

2 ‘‘1965 (20 U.S.C. 1141(a))’’;

3 (7) by inserting after paragraph (8) (as redesig4 nated by paragraph (1)) the following:

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

6 The term ‘protection and advocacy services’ means

7 services that—

8 ‘‘(A) are described in part C of the Devel9 opmental Disabilities Assistance and Bill of

10 Rights Act (42 U.S.C. 6041 et seq.), the Pro11 tection and Advocacy for Mentally Ill Individ12 uals Act (42 U.S.C. 10801 et seq.), or section

13 509 of the Rehabilitation Act of 1973 (29

14 U.S.C. 794e); and

15 ‘‘(B) assist individuals with disabilities

16 with respect to assistive technology devices and

17 assistive technology services.’’;

18 (8) in paragraph (11) (as redesignated by para19 graph (1))—

20 (A) by striking ‘‘several States’’ and in21 serting ‘‘several States of the United States’’;

22 (B) by striking ‘‘Virgin Islands’’ and in23 serting ‘‘United States Virgin Islands’’; and

24 (C) by striking ‘‘the Trust Territory of the

25 Pacific Islands’’ and inserting ‘‘the Republic of
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1 Palau (until the Compact of Free Association

2 with Palau takes effect)’’;

3 (9) by inserting after such paragraph (11) the

4 following:

5 ‘‘(12) SYSTEMS CHANGE AND ADVOCACY AC6 TIVITIES.—The term ‘systems change and advocacy

7 activities’ means efforts that result in laws, regula8 tions, policies, practices, or organizational structures

9 that promote consumer-responsive programs or enti10 ties and that facilitate and increase access to, provi11 sion of, and funding for, assistive technology devices

12 and assistive technology services on a permanent

13 basis, in order to empower individuals with disabil14 ities to achieve greater independence, productivity,

15 and integration and inclusion within the community

16 and the work force.’’;

17 (10) in paragraph (13) (as redesignated by

18 paragraph (1))—

19 (A) by striking ‘‘functions performed and

20 activities carried out under section 101’’ and in21 serting ‘‘assistance provided through systems

22 change and advocacy activities’’; and

23 (B) by inserting ‘‘any of subparagraphs

24 (A) through (K) of’’ before ‘‘section 2(b)(1)’’;

25 and
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1 (11) by amending paragraph (14) (as redesig2 nated by paragraph (1)) to read as follows:

3 ‘‘(14) UNDERREPRESENTED POPULATION.—

4 The term ‘underrepresented population’ includes a

5 population such as minorities, the poor, and persons

6 with limited-English proficiency.’’.

7 TITLE I—GRANTS TO STATES

8 SEC. 101. PROGRAM AUTHORIZED.

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

10 2211(a)) is amended—

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

12 the following: ‘‘to support systems change and advo13 cacy activities designed’’; and

14 (2) by striking ‘‘to develop and implement’’ and

15 inserting ‘‘in developing and implementing’’.

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

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

18 the following:

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

20 under section 102 or 103 shall use the funds made avail21 able through the grant to accomplish the purposes de22 scribed in section 2(b)(1) and, in accomplishing such pur23 poses, may carry out any of the following systems change

24 and advocacy activities:
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1 ‘‘(1) MODEL SYSTEMS AND ALTERNATIVE

2 STATE-FINANCED SYSTEMS.—The State may sup3 port activities to increase access to, and funding for,

4 assistive technology, including—

5 ‘‘(A) the development, and evaluation of

6 the efficacy, of model delivery systems that pro7 vide assistive technology devices and assistive

8 technology services to individuals with disabil9 ities, that pay for such devices and services, and

10 that, if successful, could be replicated or gen11 erally applied, such as—

12 ‘‘(i) the development of systems for

13 the purchase, lease, other acquisition, or

14 payment for the provision, of assistive

15 technology devices and assistive technology

16 services; or

17 ‘‘(ii) the establishment of alternative

18 State or privately financed systems of sub19 sidies for the provision of assistive tech20 nology devices and assistive technology

21 services, such as—

22 ‘‘(I) a loan system for assistive

23 technology devices;

24 ‘‘(II) an income-contingent loan

25 fund;
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1 ‘‘(III) a low-interest loan fund;

2 ‘‘(IV) a revolving loan fund;

3 ‘‘(V) a loan insurance program;

4 or

5 ‘‘(VI) a partnership with private

6 entities for the purchase, lease, or

7 other acquisition of assistive tech8 nology devices and the provision of

9 assistive technology services;

10 ‘‘(B) the demonstration of assistive tech11 nology devices, including—

12 ‘‘(i) the provision of a location or loca13 tions within the State where—

14 ‘‘(I) individuals with disabilities

15 and their family members, guardians,

16 advocates, and authorized representa17 tives;

18 ‘‘(II) education, rehabilitation,

19 health care, and other service provid20 ers;

21 ‘‘(III) individuals who work for

22 Federal, State, or local government

23 entities; and

24 ‘‘(IV) employers,
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1 can see and touch assistive technology de2 vices, and learn about the devices from

3 personnel who are familiar with such de4 vices and their applications;

5 ‘‘(ii) the provision of counseling and

6 assistance to individuals with disabilities

7 and their family members, guardians, ad8 vocates, and authorized representatives to

9 determine individual needs for assistive

10 technology devices and assistive technology

11 services; and

12 ‘‘(iii) the demonstration or short-term

13 loan of assistive technology devices to indi14 viduals, employers, public agencies, or pub15 lic accommodations seeking strategies to

16 comply with the Americans with Disabil17 ities Act of 1990 (42 U.S.C. 12101 et

18 seq.) and section 504 of the Rehabilitation

19 Act of 1973 (29 U.S.C. 794); and

20 ‘‘(C) the establishment of information sys21 tems about, and recycling centers for, the redis22 tribution of assistive technology devices and

23 equipment that may include device and equip24 ment loans, rentals, or gifts.
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1 ‘‘(2) INTERAGENCY COORDINATION.—The State

2 may support activities—

3 ‘‘(A) to identify and coordinate Federal

4 and State policies, resources, and services, re5 lating to the provision of assistive technology

6 devices and assistive technology services, includ7 ing entering into interagency agreements;

8 ‘‘(B) to convene interagency work groups

9 to enhance public funding options and coordi10 nate access to funding for assistive technology

11 devices and assistive technology services for in12 dividuals with disabilities of all ages, with spe13 cial attention to the issues of transition (such

14 as transition from school to work, and transi15 tion from participation in programs under part

16 H of the Individuals with Disabilities Education

17 Act (20 U.S.C. 1471 et seq.), to participation

18 in programs under part B of such Act (20

19 U.S.C. 1411 et seq.)) home use, and individual

20 involvement in the identification, planning, use,

21 delivery, and evaluation of such devices and

22 services; or

23 ‘‘(C) to document and disseminate infor24 mation about interagency activities that pro25 mote coordination with respect to assistive tech-
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1 nology devices and assistive technology services,

2 including evidence of increased participation of

3 State and local special education, vocational re4 habilitation, and State medical assistance agen5 cies and departments.

6 ‘‘(3) OUTREACH.—The State may carry out ac7 tivities to encourage the creation or maintenance of,

8 support, or provide assistance to, statewide and com9 munity-based organizations, or systems, that provide

10 assistive technology devices and assistive technology

11 services to individuals with disabilities or that assist

12 individuals with disabilities in using assistive tech13 nology devices and assistive technology services.

14 Such activities may include outreach to consumer or15 ganizations and groups in the State to coordinate

16 the activities of the organizations and groups with

17 efforts (including self-help, support groups, and peer

18 mentoring) to assist individuals with disabilities and

19 their family members, guardians, advocates, or au20 thorized representatives, to obtain funding for, and

21 access to, assistive technology devices and assistive

22 technology services.

23 ‘‘(4) EXPENSES.—The State may pay for ex24 penses, including travel expenses, and services, in25 cluding services of qualified interpreters, readers,
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1 and personal care assistants, that may be necessary

2 to ensure access to the comprehensive statewide pro3 gram of technology-related assistance by individuals

4 with disabilities who are determined by the State to

5 be in financial need.

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

7 State may conduct a statewide needs assessment

8 that may be based on data in existence on the date

9 on which the assessment is initiated and may in10 clude—

11 ‘‘(A) estimates of the numbers of individ12 uals with disabilities within the State, cat13 egorized by residence, type and extent of dis14 abilities, age, race, gender, and ethnicity;

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

16 out under a development grant, a description of

17 efforts, during the fiscal year preceding the

18 first fiscal year for which the State received

19 such a grant, to provide assistive technology de20 vices and assistive technology services to indi21 viduals with disabilities within the State, includ22 ing—

23 ‘‘(i) the number of individuals with

24 disabilities who received appropriate
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1 assistive technology devices and assistive

2 technology services; and

3 ‘‘(ii) a description of the devices and

4 services provided;

5 ‘‘(C) information on the number of individ6 uals with disabilities who are in need of

7 assistive technology devices and assistive tech8 nology services, and a description of the devices

9 and services needed;

10 ‘‘(D) information on the cost of providing

11 assistive technology devices and assistive tech12 nology services to all individuals with disabil13 ities within the State who need such devices

14 and services;

15 ‘‘(E) a description of State and local public

16 resources and private resources (including in17 surance) that are available to establish a

18 consumer-responsive comprehensive statewide

19 program of technology-related assistance;

20 ‘‘(F) information identifying Federal and

21 State laws, regulations, policies, practices, pro22 cedures, and organizational structures, that fa23 cilitate or interfere with the operation of a

24 consumer-responsive comprehensive statewide

25 program of technology-related assistance;
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1 ‘‘(G) a description of the procurement poli2 cies of the State and the extent to which such

3 policies will ensure, to the extent practicable,

4 that assistive technology devices purchased,

5 leased, or otherwise acquired with assistance

6 made available through a grant made under

7 section 102 or 103 are compatible with other

8 technology devices, including technology devices

9 designed primarily for use by—

10 ‘‘(i) individuals who are not individ11 uals with disabilities;

12 ‘‘(ii) individuals who are elderly; or

13 ‘‘(iii) individuals with particular dis14 abilities; and

15 ‘‘(H) information resulting from an inquiry

16 about whether a State agency or task force

17 (composed of individuals representing the State

18 and individuals representing the private sector)

19 should study the practices of private insurance

20 companies holding licenses within the State that

21 offer health or disability insurance policies

22 under which an individual may obtain reim23 bursement for—

24 ‘‘(i) the purchase, lease, or other ac25 quisition of assistive technology devices; or
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1 ‘‘(ii) the use of assistive technology

2 services.

3 ‘‘(6) PUBLIC AWARENESS PROGRAM.—

4 ‘‘(A) IN GENERAL.—The State may—

5 ‘‘(i) support a public awareness pro6 gram designed to provide information re7 lating to the availability and efficacy of

8 assistive technology devices and assistive

9 technology services for—

10 ‘‘(I) individuals with disabilities

11 and their family members, guardians,

12 advocates, or authorized representa13 tives;

14 ‘‘(II) individuals who work for

15 public agencies, or for private entities

16 (including insurers), that have contact

17 with individuals with disabilities;

18 ‘‘(III) educators and related serv19 ices personnel;

20 ‘‘(IV) technology experts (includ21 ing engineers);

22 ‘‘(V) employers; and

23 ‘‘(VI) other appropriate individ24 uals and entities; or
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1 ‘‘(ii) establish and support such a pro2 gram if no such program exists.

3 ‘‘(B) CONTENTS.—Such a public aware4 ness program may include—

5 ‘‘(i) the development and dissemina6 tion of information relating to—

7 ‘‘(I) the nature of assistive tech8 nology devices and assistive tech9 nology services;

10 ‘‘(II) the appropriateness, cost,

11 and availability of, and access to,

12 assistive technology devices and

13 assistive technology services; and

14 ‘‘(III) the efficacy of assistive

15 technology devices and assistive tech16 nology services with respect to en17 hancing the capacity of individuals

18 with disabilities;

19 ‘‘(ii) the development of procedures

20 for providing direct communication among

21 public providers of assistive technology de22 vices and assistive technology services and

23 between public providers and private pro24 viders of such devices and services (includ25 ing employers); and
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1 ‘‘(iii) the development and dissemina2 tion of information relating to the use of

3 the program by individuals with disabilities

4 and their family members, guardians, ad5 vocates, or authorized representatives, pro6 fessionals who work in a field related to an

7 activity described in this section, and other

8 appropriate individuals.

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

10 The State may carry out directly, or may provide

11 support to a public or private entity to carry out,

12 training and technical assistance activities—

13 ‘‘(A) that—

14 ‘‘(i) are provided for individuals with

15 disabilities and their family members,

16 guardians, advocates, and authorized rep17 resentatives, and other appropriate individ18 uals; and

19 ‘‘(ii) may include—

20 ‘‘(I) training in the use of

21 assistive technology devices and

22 assistive technology services;

23 ‘‘(II) the development of written

24 materials, training, and technical as25 sistance describing the means by
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1 which agencies consider the needs of

2 an individual with a disability for

3 assistive technology devices and

4 assistive technology services in devel5 oping, for the individual, any individ6 ualized education program described

7 in section 614(a)(5) of the Individuals

8 with Disabilities Education Act (20

9 U.S.C. 1414(a)(5)), any individualized

10 written rehabilitation program de11 scribed in section 102 of the Rehabili12 tation Act of 1973 (29 U.S.C. 722),

13 any individualized family service plan

14 described in section 677 of the Indi15 viduals with Disabilities Education

16 Act (20 U.S.C. 1477), and any other

17 individualized plans or programs;

18 ‘‘(III) training regarding the

19 rights of the persons described in

20 clause (i) to assistive technology de21 vices and assistive technology services

22 under any law other than this Act, to

23 promote fuller independence, produc24 tivity, and inclusion in and integration

25 into society of such persons; and
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1 ‘‘(IV) training to increase

2 consumer participation in the identi3 fication, planning, use, delivery, and

4 evaluation of assistive technology de5 vices and assistive technology services;

6 and

7 ‘‘(B) that—

8 ‘‘(i) enhance the assistive technology

9 skills and competencies of—

10 ‘‘(I) individuals who work for

11 public agencies, or for private entities

12 (including insurers), that have contact

13 with individuals with disabilities;

14 ‘‘(II) educators and related serv15 ices personnel;

16 ‘‘(III) technology experts (includ17 ing engineers);

18 ‘‘(IV) employers; and

19 ‘‘(V) other appropriate personnel;

20 and

21 ‘‘(ii) include taking actions to facili22 tate the development of standards, or,

23 when appropriate, the application of such

24 standards, to ensure the availability of

25 qualified personnel.
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1 ‘‘(8) PROGRAM DATA.—The State may support

2 the compilation and evaluation of appropriate data

3 related to a program described in subsection (a).

4 ‘‘(9) ACCESS TO TECHNOLOGY-RELATED INFOR5 MATION.—

6 ‘‘(A) IN GENERAL.—The State may de7 velop, operate, or expand a system for public

8 access to information concerning an activity

9 carried out under another paragraph of this

10 subsection, including information about

11 assistive technology devices and assistive tech12 nology services, funding sources and costs of

13 such assistance, and individuals, organizations,

14 and agencies capable of carrying out such an

15 activity for individuals with disabilities.

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

17 be provided through community-based entities,

18 including public libraries, centers for independ19 ent living (as defined in section 702(1) of the

20 Rehabilitation Act of 1973 (29 U.S.C.

21 796a(1))), and community rehabilitation pro22 grams (as defined in section 7(25) of such Act

23 (29 U.S.C. 706(25))).
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1 ‘‘(C) SYSTEM.—In developing, operating,

2 or expanding a system described in subpara3 graph (A), the State may—

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

5 print, large print, braille, audio, and video

6 materials, computer disks, compact discs

7 (including compact discs formatted with

8 read-only memory), information that can

9 be used in telephone-based information

10 systems, and such other media as techno11 logical innovation may make appropriate;

12 ‘‘(ii) identify and classify existing

13 funding sources, and the conditions of and

14 criteria for access to such sources, includ15 ing any funding mechanisms or strategies

16 developed by the State;

17 ‘‘(iii) identify existing support groups

18 and systems designed to help individuals

19 with disabilities make effective use of an

20 activity carried out under another para21 graph of this subsection; and

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

23 to which citizens of the State use or make

24 inquiries of the system established in sub-
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1 paragraph (A), and of the nature of such

2 inquiries.

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

4 may be organized on an interstate basis or as

5 part of a regional consortium of States in order

6 to facilitate the establishment of compatible,

7 linked information systems.

8 ‘‘(10) INTERSTATE ACTIVITIES.—

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

10 into cooperative agreements with other States

11 to expand the capacity of the States involved to

12 assist individuals with disabilities of all ages to

13 learn about, acquire, use, maintain, adapt, and

14 upgrade assistive technology devices and

15 assistive technology services that such individ16 uals need at home, at school, at work, or in

17 other environments that are part of daily living.

18 ‘‘(B) ELECTRONIC COMMUNICATION.—The

19 State may operate or participate in a computer

20 system through which the State may electroni21 cally communicate with other States to gain

22 technical assistance in a timely fashion and to

23 avoid the duplication of efforts already under24 taken in other States.
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1 ‘‘(11) PARTNERSHIPS AND COOPERATIVE INI2 TIATIVES.—The State may support the establish3 ment or continuation of partnerships and coopera4 tive initiatives between the public sector and the pri5 vate sector to promote greater participation by busi6 ness and industry in—

7 ‘‘(A) the development, demonstration, and

8 dissemination of assistive technology devices;

9 and

10 ‘‘(B) the ongoing provision of information

11 about new products to assist individuals with

12 disabilities.

13 ‘‘(12) ADVOCACY SERVICES.—The State may

14 provide advocacy services.

15 ‘‘(13) OTHER ACTIVITIES.—The State may uti16 lize amounts made available through grants made

17 under section 102 or 103 for any systems change

18 and advocacy activities, other than the activities de19 scribed in another paragraph of this subsection, that

20 are necessary for developing, implementing, or evalu21 ating the consumer-responsive comprehensive state22 wide program of technology-related assistance.

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

24 change and advocacy activities under this title, the State

25 shall ensure that the activities supplement, and not sup-
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1 plant, similar activities that have been carried out pursu2 ant to other Federal or State law.’’.

3 SEC. 102. DEVELOPMENT GRANTS.

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

5 (1) in subsection (a)—

6 (A) by striking ‘‘3-year grants’’ and insert7 ing ‘‘3-year grants to support systems change

8 and advocacy activities described in section

9 101(b) (including activities described in sub10 section (e)(7))’’; and

11 (B) by striking ‘‘to develop and implement

12 statewide programs’’ and inserting ‘‘in develop13 ing and implementing consumer-responsive

14 comprehensive statewide programs’’;

15 (2) by striking subsection (b);

16 (3) by redesignating subsections (c) and (d) as

17 subsections (b) and (c), respectively;

18 (4) in subsection (b) (as redesignated in para19 graph (3))—

20 (A) in paragraph (3)(C), by striking

21 ‘‘statewide program’’ and inserting ‘‘consumer22 responsive comprehensive statewide program’’;

23 and

24 (B) in paragraph (5)—

25 (i) in subparagraph (A)—
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1 (I) by striking ‘‘(A)’’ and insert2 ing ‘‘(A) STATE.—’’;

3 (II) by inserting ‘‘United States’’

4 before ‘‘Virgin Islands’’; and

5 (III) by striking ‘‘Trust Territory

6 of the Pacific Islands’’ and inserting

7 ‘‘Republic of Palau’’; and

8 (ii) in subparagraph (B)—

9 (I) by striking ‘‘(B)’’ and insert10 ing ‘‘(B) TERRITORY.—’’;

11 (II) by inserting ‘‘United States’’

12 before ‘‘Virgin Islands’’; and

13 (III) by striking ‘‘Trust Territory

14 of the Pacific Islands’’ and inserting

15 ‘‘Republic of Palau (until the Com16 pact of Free Association takes ef17 fect)’’;

18 (5) in paragraph (2) of subsection (c) (as redes19 ignated in paragraph (3)) by striking ‘‘statewide

20 programs’’ and inserting ‘‘consumer-responsive com21 prehensive statewide programs’’;

22 (6) by inserting after such subsection (c) the

23 following:

24 ‘‘(d) DESIGNATION OF THE LEAD AGENCY.—
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1 ‘‘(1) DESIGNATION.—The Governor of any

2 State that desires to receive a grant under this sec3 tion shall designate the office, agency, entity, or in4 dividual (referred to in this Act as the ‘lead agency’)

5 responsible for—

6 ‘‘(A) submitting the application described

7 in subsection (e) on behalf of the State;

8 ‘‘(B) administering and supervising the use

9 of amounts made available under the grant;

10 ‘‘(C)(i) coordinating efforts related to, and

11 supervising the preparation of, the application;

12 ‘‘(ii) coordinating the planning, develop13 ment, implementation, and evaluation of the

14 consumer-responsive comprehensive statewide

15 program of technology-related assistance among

16 public agencies and between public agencies and

17 private agencies, including coordinating efforts

18 related to entering into interagency agreements;

19 and

20 ‘‘(iii) coordinating efforts related to, and

21 supervising, the active, timely, and meaningful

22 participation by individuals with disabilities and

23 their family members, guardians, advocates, or

24 authorized representatives, and other appro-
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1 priate individuals, with respect to activities car2 ried out under the grant; and

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

4 any responsibilities described in subparagraph

5 (A), (B), or (C) to one or more appropriate of6 fices, agencies, entities, or individuals.

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

8 agency, the Governor may designate—

9 ‘‘(A) a commission appointed by the Gov10 ernor;

11 ‘‘(B) a public-private partnership or con12 sortium;

13 ‘‘(C) a university-affiliated program;

14 ‘‘(D) a public agency;

15 ‘‘(E) a council established under Federal

16 or State law; or

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

18 entity, or individual.

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

20 shall provide, in accordance with subsection (e)(1),

21 evidence that the lead agency has the ability—

22 ‘‘(A) to respond to assistive technology

23 needs across disabilities and ages;
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1 ‘‘(B) to promote the availability through2 out the State of assistive technology devices and

3 assistive technology services;

4 ‘‘(C) to promote and implement systems

5 change and advocacy activities;

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

7 partnerships;

8 ‘‘(E) to exercise leadership in identifying

9 and responding to the technology needs of indi10 viduals with disabilities and their family mem11 bers, guardians, advocates, and authorized rep12 resentatives;

13 ‘‘(F) to promote consumer confidence, re14 sponsiveness, and advocacy; and

15 ‘‘(G) to exercise leadership in implement16 ing effective strategies for capacity building,

17 staff and consumer training, and enhancement

18 of access to funding for assistive technology de19 vices and assistive technology services across

20 agencies.’’;

21 (7) in subsection (e)—

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

23 (3) and inserting the following:

24 ‘‘(1) DESIGNATION OF THE LEAD AGENCY.—In25 formation identifying the lead agency designated by
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1 the Governor under subsection (d)(1), and the evi2 dence described in subsection (d)(3).

3 ‘‘(2) AGENCY INVOLVEMENT.—A description of

4 the nature and extent of involvement of various

5 State agencies, including the State insurance depart6 ment, in the preparation of the application and the

7 continuing role of each agency in the development

8 and implementation of the consumer-responsive com9 prehensive statewide program of technology-related

10 assistance, including the identification of the avail11 able resources and financial responsibility of each

12 agency for paying for assistive technology devices

13 and assistive technology services.

14 ‘‘(3) INVOLVEMENT.—

15 ‘‘(A) CONSUMER INVOLVEMENT.—A de16 scription of procedures that provide for—

17 ‘‘(i)(I) the active involvement of indi18 viduals with disabilities and their family

19 members, guardians, advocates, and au20 thorized representatives, and other appro21 priate individuals, in the development, im22 plementation, and evaluation of the pro23 gram; and

24 ‘‘(II) the active involvement, to the

25 maximum extent appropriate, of individ-
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1 uals with disabilities who use assistive

2 technology devices or assistive technology

3 services, in decisions relating to such de4 vices and services; and

5 ‘‘(ii) mechanisms for determining

6 consumer satisfaction and participation of

7 individuals with disabilities who represent

8 a variety of ages and types of disabilities,

9 in the consumer-responsive comprehensive

10 statewide program of technology-related

11 assistance.

12 ‘‘(B) PUBLIC INVOLVEMENT.—A descrip13 tion of the nature and extent of—

14 ‘‘(i) the involvement, in the designa15 tion of the lead agency under subsection

16 (d), and in the development of the applica17 tion, of—

18 ‘‘(I) individuals with disabilities

19 and their family members, guardians,

20 advocates, or authorized representa21 tives;

22 ‘‘(II) other appropriate individ23 uals who are not employed by a State

24 agency; and
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1 ‘‘(III) organizations, providers,

2 and interested parties, in the private

3 sector; and

4 ‘‘(ii) the continuing role of the individ5 uals and entities described in clause (i) in

6 the program.’’;

7 (B) in paragraph (4), by striking ‘‘under8 served groups’’ and inserting ‘‘underrepresented

9 populations or rural populations’’;

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

11 ‘‘statewide program’’ each place the term ap12 pears and inserting ‘‘consumer-responsive com13 prehensive statewide program’’;

14 (D) by striking paragraphs (6), (7), and

15 (17);

16 (E) by redesignating paragraphs (8) and

17 (9) as paragraphs (17) and (18), respectively,

18 and transferring such paragraphs to the end of

19 the subsection;

20 (F) by inserting after paragraph (5) the

21 following:

22 ‘‘(6) GOALS, OBJECTIVES, ACTIVITIES, AND

23 OUTCOMES.—Information on the program with re24 spect to—
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1 ‘‘(A) the goals and objectives of the State

2 for the program;

3 ‘‘(B) the systems change and advocacy ac4 tivities that the State plans to carry out under

5 the program; and

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

7 for the program, consistent with the purposes

8 described in section 2(b)(1).

9 ‘‘(7) PRIORITY ACTIVITIES.—

10 ‘‘(A) IN GENERAL.—An assurance that the

11 State will use funds made available under this

12 section or section 103 to accomplish the pur13 poses described in section 2(b)(1) and the goals,

14 objectives, and outcomes described in paragraph

15 (6), and to carry out the systems change and

16 advocacy activities described in paragraph

17 (6)(B), in a manner that is consumer-respon18 sive.

19 ‘‘(B) PARTICULAR ACTIVITIES.—An assur20 ance that the State, in carrying out such sys21 tems change and advocacy activities, shall carry

22 out activities regarding—

23 ‘‘(i) the development, implementation,

24 and monitoring of State, regional, and

25 local laws, regulations, policies, practices,
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•HRES 351 ATH

1 procedures, and organizational structures,

2 that will improve access to, provision of,

3 funding for, and timely acquisition and de4 livery of, assistive technology devices and

5 assistive technology services;

6 ‘‘(ii) the development and implementa7 tion of strategies to overcome barriers re8 garding access to, provision of, and fund9 ing for, such devices and services, with pri10 ority for identification of barriers to fund11 ing through State education (including

12 special education) services, vocational reha13 bilitation services, and medical assistance

14 services or, as appropriate, other health

15 and human services, and with particular

16 emphasis on overcoming barriers for

17 underrepresented populations and rural

18 populations;

19 ‘‘(iii) coordination of activities among

20 State agencies, in order to facilitate access

21 to, provision of, and funding for, assistive

22 technology devices and assistive technology

23 services;

24 ‘‘(iv) the development and implemen25 tation of strategies to empower individuals
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•HRES 351 ATH

1 with disabilities and their family members,

2 guardians, advocates, and authorized rep3 resentatives, to successfully advocate for

4 increased access to, funding for, and provi5 sion of, assistive technology devices and

6 assistive technology services, and to in7 crease the participation, choice, and con8 trol of such individuals with disabilities

9 and their family members, guardians, ad10 vocates, and authorized representatives in

11 the selection and procurement of assistive

12 technology devices and assistive technology

13 services;

14 ‘‘(v) the provision of outreach to

15 underrepresented populations and rural

16 populations, including identifying and as17 sessing the needs of such populations, pro18 viding activities to increase the accessibility

19 of services to such populations, training

20 representatives of such populations to be21 come service providers, and training staff

22 of the consumer-responsive comprehensive

23 statewide program of technology-related

24 assistance to work with such populations;

25 and
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1 ‘‘(vi) the development and implemen2 tation of strategies to ensure timely acqui3 sition and delivery of assistive technology

4 devices and assistive technology services,

5 particularly for children,

6 unless the State demonstrates through the

7 progress reports required under section 104

8 that significant progress has been made in the

9 development and implementation of a

10 consumer-responsive comprehensive statewide

11 program of technology-related assistance, and

12 that other systems change and advocacy activi13 ties will increase the likelihood that the pro14 gram will accomplish the purposes described in

15 section 2(b)(1).

16 ‘‘(8) ASSESSMENT.—An assurance that the

17 State will conduct an annual assessment of the

18 consumer-responsive comprehensive statewide pro19 gram of technology-related assistance, in order to

20 determine—

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

22 and objectives for systems change and advocacy

23 activities, as identified in the State plan under

24 paragraph (6), have been achieved; and
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1 ‘‘(B) the areas of need that require atten2 tion in the next year.

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

4 ‘‘(A) the data collection system used for

5 compiling information on the program, consist6 ent with such requirements as the Secretary

7 may establish for such systems, and, when a

8 national classification system is developed pur9 suant to section 201, consistent with such clas10 sification system; and

11 ‘‘(B) procedures that will be used to con12 duct evaluations of the program.’’;

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

14 by striking ‘‘individual with disabilities’’ and in15 serting ‘‘individual with a disability’’;

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

17 families or representatives of individuals with

18 disabilities’’ and inserting ‘‘their family mem19 bers, guardians, advocates, or authorized rep20 resentatives’’; and

21 (I) by adding at the end the following:

22 ‘‘(19) AUTHORITY TO USE FUNDS.—An assur23 ance that the lead agency will have the authority to

24 use funds made available through a grant made

25 under this section or section 103 to comply with the
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1 requirements of this section or section 103, respec2 tively, including the ability to hire qualified staff

3 necessary to carry out activities under the program.

4 ‘‘(20) PROTECTION AND ADVOCACY SERV5 ICES.—Either—

6 ‘‘(A) an assurance that the State will an7 nually provide, from the funds made available

8 to the State through a grant made under this

9 section or section 103, an amount calculated in

10 accordance with subsection (f)(4), in order to

11 make a grant to, or enter into a contract with,

12 an entity to support protection and advocacy

13 services through the systems established to pro14 vide protection and advocacy under the Devel15 opmental Disabilities Assistance and Bill of

16 Rights Act (42 U.S.C. 6000 et seq.), the Pro17 tection and Advocacy for Mentally Ill Individ18 uals Act (42 U.S.C. 10801 et seq.), and section

19 509 of the Rehabilitation Act of 1973 (29

20 U.S.C. 794e); or

21 ‘‘(B) at the discretion of the State, a re22 quest that the Secretary annually reserve, from

23 the funds made available to the State through

24 a grant made under this section or section 103,

25 an amount calculated in accordance with sub-
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1 section (f)(4), in order for the Secretary to

2 make a grant to or enter into a contract with

3 such a system to support protection and advo4 cacy services.

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

6 that the State—

7 ‘‘(A) will develop and implement strategies

8 for including personnel training regarding

9 assistive technology within existing Federal10 and State-funded training initiatives, in order

11 to enhance assistive technology skills and com12 petencies; and

13 ‘‘(B) will document such training.

14 ‘‘(22) LIMIT ON INDIRECT COSTS.—An assur15 ance that the percentage of the funds received under

16 the grant that is used for indirect costs shall not ex17 ceed 10 percent.

18 ‘‘(23) COORDINATION WITH STATE COUN19 CILS.—An assurance that the lead agency will co20 ordinate the activities funded through a grant made

21 under this section or section 103 with the activities

22 carried out by other councils within the State, in23 cluding—

24 ‘‘(A) any council or commission specified

25 in the assurance provided by the State in ac-
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1 cordance with section 101(a)(36) of the Reha2 bilitation Act of 1973 (29 U.S.C. 721(a)(36));

3 ‘‘(B) the Statewide Independent Living

4 Council established under section 705 of the

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

6 ‘‘(C) the advisory panel established under

7 section 613(a)(12) of the Individuals with Dis8 abilities Education Act (20 U.S.C.

9 1413(a)(12));

10 ‘‘(D) the State Interagency Coordinating

11 Council established under section 682 of the In12 dividuals with Disabilities Education Act (20

13 U.S.C. 1482);

14 ‘‘(E) the State Planning Council described

15 in section 124 of the Developmental Disabilities

16 Assistance and Bill of Rights Act (42 U.S.C.

17 6024);

18 ‘‘(F) the State mental health planning

19 council established under section 1914 of the

20 Public Health Service Act (42 U.S.C. 300x–3);

21 and

22 ‘‘(G) any council established under section

23 204, 206(g)(2)(A), or 712(a)(3)(H) of the

24 Older Americans Act of 1965 (42 U.S.C. 3015,

25 3017(g)(2)(A), or 3058g(a)(3)(H)).
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1 ‘‘(24) COORDINATION WITH OTHER SYSTEMS

2 CHANGE AND ADVOCACY ACTIVITIES.—An assurance

3 that there will be coordination between the activities

4 funded through the grant and other related systems

5 change and advocacy activities funded by either Fed6 eral or State sources.

7 ‘‘(25) OTHER INFORMATION AND ASSUR8 ANCES.—Such other information and assurances as

9 the Secretary may reasonably require.’’; and

10 (8) by adding at the end the following:

11 ‘‘(f) PROTECTION AND ADVOCACY REQUIREMENTS.—

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

13 June 30, 1993, has provided for protection and ad14 vocacy services through an entity that—

15 ‘‘(A) is capable of performing the functions

16 that would otherwise be performed under sub17 section (e)(20) by the system described in sub18 section (e)(20); and

19 ‘‘(B) is not a system described in such sub20 section,

21 shall be considered to meet the requirements of such

22 subsection. Such entity shall receive funding to pro23 vide such protection and advocacy services in accord24 ance with paragraph (4), and shall comply with the

25 same requirements of this title (other than the re-
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1 quirements of such subsection) as a system that re2 ceives funding under such subsection.

3 ‘‘(2) PROTECTION AND ADVOCACY SERVICE

4 PROVIDER REPORT.—

5 ‘‘(A) PREPARATION.—A system that re6 ceives funds under subsection (e)(20) to carry

7 out the protection and advocacy services de8 scribed in subsection (e)(20)(A) in a State, or

9 an entity described in paragraph (1) that car10 ries out such services in the State, shall prepare

11 reports that contain such information as the

12 Secretary may require, including the following:

13 ‘‘(i) A description of the activities car14 ried out by the system or entity with such

15 funds.

16 ‘‘(ii) Documentation of significant

17 progress, in providing protection and advo18 cacy services, in each of the following

19 areas:

20 ‘‘(I) Conducting activities that

21 are consumer-responsive, including ac22 tivities that will lead to increased ac23 cess to funding for assistive tech24 nology devices and assistive tech25 nology services.
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1 ‘‘(II) Executing legal, adminis2 trative, and other appropriate means

3 of representation to implement sys4 tems change and advocacy activities.

5 ‘‘(III) Developing and implement6 ing strategies designed to enhance the

7 long-term abilities of individuals with

8 disabilities and their family members,

9 guardians, advocates, and authorized

10 representatives to successfully advo11 cate for assistive technology devices

12 and assistive technology services to

13 which the individuals with disabilities

14 are entitled under law other than this

15 Act.

16 ‘‘(IV) Coordinating activities with

17 protection and advocacy services fund18 ed through sources other than this

19 Act, and coordinating activities with

20 the systems change and advocacy ac21 tivities carried out by the State lead

22 agency.

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

24 shall submit the reports to the program de-
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1 scribed in subsection (a) in the State not less

2 often than every 6 months.

3 ‘‘(C) UPDATES.—The system or entity

4 shall provide monthly updates to the program

5 described in subsection (a) concerning the ac6 tivities and information described in subpara7 graph (A).

8 ‘‘(3) CONSULTATION WITH STATE PROGRAMS.—

9 Before making a grant or entering into a contract

10 under subsection (e)(20)(B) to support the protec11 tion and advocacy services described in subsection

12 (e)(20)(A) in a State, the Secretary shall solicit and

13 consider the opinions of the lead agency in the State

14 with respect to the terms of the grant or contract.

15 ‘‘(4) CALCULATION OF EXPENDITURES.—

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

17 for each State receiving a grant under this sec18 tion or section 103, the Secretary shall specify

19 a minimum amount that the State shall use to

20 provide protection and advocacy services.

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

22 as provided in subparagraph (C) or (D)—

23 ‘‘(i) the Secretary shall calculate such

24 minimum amount for a State based on the

25 size of the grant, the needs of individuals
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1 with disabilities within the State, the popu2 lation of the State, and the geographic size

3 of the State; and

4 ‘‘(ii) such minimum amount shall be

5 not less than $40,000 and not more than

6 $100,000.

7 ‘‘(C) FOURTH YEAR OF SECOND EXTEN8 SION GRANT.—If a State receives a second ex9 tension grant under section 103(a)(2), the Sec10 retary shall specify a minimum amount under

11 subparagraph (A) for the fourth year (if any)

12 of the grant period that shall equal 75 percent

13 of the minimum amount specified for the State

14 under such subparagraph for the third year of

15 the second extension grant of the State.

16 ‘‘(D) FIFTH YEAR OF SECOND EXTENSION

17 GRANT.—If a State receives a second extension

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

19 shall specify a minimum amount under sub20 paragraph (A) for the fifth year (if any) of the

21 grant period that shall equal 50 percent of the

22 minimum amount specified for the State under

23 such subparagraph for the third year of the sec24 ond extension grant of the State.
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1 ‘‘(E) PROHIBITION.—After the fifth year

2 (if any) of the grant period, no Federal funds

3 may be made available under this title by the

4 State to a system described in subsection

5 (e)(20) or an entity described in paragraph

6 (1).’’.

7 SEC. 103. EXTENSION GRANTS.

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

9 follows:

10 ‘‘SEC. 103. EXTENSION GRANTS.

11 ‘‘(a) EXTENSION GRANTS.—

12 ‘‘(1) INITIAL EXTENSION GRANT.—The Sec13 retary may award an initial extension grant, for a

14 period of 2 years, to any State that meets the stand15 ards specified in subsection (b)(1).

16 ‘‘(2) SECOND EXTENSION GRANT.—The Sec17 retary may award a second extension grant, for a

18 period of not more than 5 years, to any State that

19 meets the standards specified in subsection (b)(2).

20 ‘‘(b) STANDARDS.—

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

22 a State to receive an initial extension grant under

23 this section, the designated lead agency of the State

24 shall—
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1 ‘‘(A) provide the evidence described in sec2 tion 102(d)(3); and

3 ‘‘(B) demonstrate that the State has made

4 significant progress, and has carried out sys5 tems change and advocacy activities that have

6 resulted in significant progress, toward the de7 velopment and implementation of a consumer8 responsive comprehensive statewide program of

9 technology-related assistance, consistent with

10 sections 2(b)(1), 101, and 102.

11 ‘‘(2) SECOND EXTENSION GRANT.—

12 ‘‘(A) RESPONSIBILITIES OF DESIGNATED

13 LEAD AGENCY.—In order for a State to receive

14 a second extension grant under this section, the

15 designated lead agency shall—

16 ‘‘(i) provide the evidence and make

17 the demonstration described in paragraph

18 (1);

19 ‘‘(ii) describe the steps the State has

20 taken or will take to continue on a perma21 nent basis the consumer-responsive com22 prehensive statewide program of tech23 nology-related assistance with the ability to

24 maintain, at a minimum, the outcomes
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1 achieved by the systems change and advo2 cacy activities; and

3 ‘‘(iii) identify future funding options

4 and commitments for the program from

5 the public and private sector and the key

6 individuals, agencies, and organizations to

7 be involved in, and to direct future efforts

8 of, the program.

9 ‘‘(B) DETERMINATION OF COMPLIANCE.—

10 In making any award to a State for a second

11 extension grant, the Secretary shall (except as

12 provided in section 105(a)(2)(A)(iii)) make such

13 award contingent on a determination, based on

14 the onsite visit required under section

15 105(a)(2)(A)(ii), that the State is making sig16 nificant progress toward development and im17 plementation of a consumer-responsive com18 prehensive statewide program of technology-re19 lated assistance. If the Secretary determines

20 that the State is not making such progress, the

21 Secretary may take an action described in sec22 tion 105(b)(2), in accordance with the applica23 ble procedures described in section 105.

24 ‘‘(c) AMOUNTS OF GRANTS.—

25 ‘‘(1) INITIAL EXTENSION GRANTS.—
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1 ‘‘(A) IN GENERAL.—

2 ‘‘(i) STATES.—From amounts appro3 priated under section 106 for any fiscal

4 year, the Secretary shall pay an amount

5 that is not less than $500,000 and not

6 greater than $1,500,000 to each State

7 (other than a State described in clause (ii))

8 that receives an initial extension grant

9 under subsection (a)(1).

10 ‘‘(ii) TERRITORIES.—From amounts

11 appropriated under section 106 for any fis12 cal year, the Secretary shall pay an

13 amount that is not greater than $150,000

14 to any of the following States that receives

15 an initial extension grant under subsection

16 (a)(1):

17 ‘‘(I) The United States Virgin Is18 lands.

19 ‘‘(II) Guam.

20 ‘‘(III) American Samoa.

21 ‘‘(IV) The Commonwealth of the

22 Northern Mariana Islands.

23 ‘‘(V) The Republic of Palau

24 (until the Compact of Free Associa25 tion takes effect).
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1 ‘‘(B) CALCULATION OF AMOUNT.—The

2 Secretary shall calculate the amount described

3 in clause (i) or (ii) of subparagraph (A) with re4 spect to a State on the basis of—

5 ‘‘(i) amounts available for making

6 grants pursuant to subsection (a)(1);

7 ‘‘(ii) the population of the State;

8 ‘‘(iii) the types of assistance to be

9 provided in the State; and

10 ‘‘(iv) the amount of resources commit11 ted by the State and available to the State

12 from other sources.

13 ‘‘(C) PRIORITY FOR PREVIOUSLY PARTICI14 PATING STATES.—Amounts appropriated in any

15 fiscal year for purposes of carrying out sub16 section (a)(1) shall first be made available to

17 States that received assistance under this sec18 tion during the fiscal year preceding the fiscal

19 year concerned.

20 ‘‘(D) INCREASES.—In providing any in21 creases in initial extension grants under sub22 section (a)(1) above the amounts provided to

23 States under this section for fiscal year 1993,

24 the Secretary may give priority to—
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1 ‘‘(i) the States (other than the States

2 described in subparagraph (A)(ii)) that

3 have the largest populations, based on the

4 most recent census data; and

5 ‘‘(ii) the States (other than the States

6 described in subparagraph (A)(ii)) that are

7 sparsely populated, with a wide geographic

8 spread,

9 where such characteristics have impeded the de10 velopment of a consumer-responsive, com11 prehensive statewide program of technology-re12 lated assistance.

13 ‘‘(2) SECOND EXTENSION GRANTS.—

14 ‘‘(A) AMOUNTS AND PRIORITY.—The

15 amounts of, and the priority of applicants for,

16 the second extension grants awarded under sub17 section (a)(2) shall be determined by the Sec18 retary, except that—

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

20 the fourth year (if any) of the grant period

21 shall be 75 percent of the amount paid to

22 the State for the third year of the grant

23 period;

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

25 the fifth year (if any) of the grant period
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1 shall be 50 percent of the amount paid to

2 the State for the third year of the grant

3 period; and

4 ‘‘(iii) after the fifth year of the grant

5 period, no Federal funds may be made

6 available to the State under this title.

7 ‘‘(B) INCREASES.—In providing any in8 creases in second extension grants under sub9 section (a)(2) above the amounts provided to

10 States under this section for fiscal year 1993,

11 the Secretary may give priority to States de12 scribed in paragraph (1)(D).

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

14 an extension grant under this section shall submit an ap15 plication to the Secretary that contains the following infor16 mation and assurances with respect to the consumer-re17 sponsive comprehensive statewide program of technology18 related assistance in the State:

19 ‘‘(1) INFORMATION AND ASSURANCES.—The in20 formation and assurances described in section

21 102(e), except the preliminary needs assessment de22 scribed in section 102(e)(4).

23 ‘‘(2) NEEDS; PROBLEMS; STRATEGIES; OUT24 REACH.—
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1 ‘‘(A) NEEDS.—A description of needs re2 lating to technology-related assistance of indi3 viduals with disabilities (including individuals

4 from underrepresented populations or rural

5 populations) and their family members, guard6 ians, advocates, or authorized representatives,

7 and other appropriate individuals within the

8 State.

9 ‘‘(B) PROBLEMS.—A description of any

10 problems or gaps that remain with the develop11 ment and implementation of a consumer-re12 sponsive comprehensive statewide program of

13 technology-related assistance in the State.

14 ‘‘(C) STRATEGIES.—A description of the

15 strategies that the State will pursue during the

16 grant period to remedy the problems or gaps

17 with the development and implementation of

18 such a program.

19 ‘‘(D) OUTREACH ACTIVITIES.—A descrip20 tion of outreach activities to be conducted by

21 the State, including dissemination of informa22 tion to eligible populations, with special atten23 tion to underrepresented populations and rural

24 populations.
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1 ‘‘(3) ACTIVITIES AND PROGRESS UNDER PRE2 VIOUS GRANT.—A description of—

3 ‘‘(A) the specific systems change and advo4 cacy activities described in section 101(b) (in5 cluding the activities described in section

6 1012(e)(7)) carried out under the development

7 grant received by the State under section 102,

8 or, in the case of an application for a grant

9 under subsection (a)(2), under an initial exten10 sion grant received by the State under this sec11 tion, including—

12 ‘‘(i) a description of systems change

13 and advocacy activities that were under14 taken to produce change on a permanent

15 basis for individuals with disabilities of all

16 ages;

17 ‘‘(ii) a description of activities under18 taken to improve the involvement of indi19 viduals with disabilities in the program, in20 cluding training and technical assistance

21 efforts to improve individual access to

22 assistive technology devices and assistive

23 technology services as mandated under

24 other laws and regulations as in effect on

25 the date of the application, and including
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1 actions undertaken to improve the partici2 pation of underrepresented populations

3 and rural populations, such as outreach ef4 forts; and

5 ‘‘(iii) an evaluation of the impact and

6 results of the activities described in clauses

7 (i) and (ii);

8 ‘‘(B) the relationship of such systems

9 change and advocacy activities to the develop10 ment and implementation of a consumer-re11 sponsive comprehensive statewide program of

12 technology-related assistance; and

13 ‘‘(C) the progress made toward the devel14 opment and implementation of such a program.

15 ‘‘(4) PUBLIC INVOLVEMENT.—

16 ‘‘(A) REPORT.—In the case of an applica17 tion for a grant under subsection (a)(1), a re18 port on the hearing described in subsection

19 (e)(1) or, in the case of an application for a

20 grant under subsection (a)(2), a report on the

21 hearing described in subsection (e)(2).

22 ‘‘(B) OTHER STATE ACTIONS.—A descrip23 tion of State actions, other than such a hearing,

24 designed to determine the degree of satisfaction

25 of individuals with disabilities, and their family
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1 members, guardians, advocates, or authorized

2 representatives, public service providers and pri3 vate service providers, educators and related

4 services providers, technology experts (including

5 engineers), employers, and other appropriate in6 dividuals and entities with—

7 ‘‘(i) the degree of their ongoing in8 volvement in the development and imple9 mentation of the consumer-responsive com10 prehensive statewide program of tech11 nology-related assistance;

12 ‘‘(ii) the specific systems change and

13 advocacy activities described in section

14 101(b) (including the activities described

15 in section 102(e)(7)) carried out by the

16 State under the development grant or the

17 initial extension grant;

18 ‘‘(iii) progress made toward the devel19 opment and implementation of a consumer20 responsive comprehensive statewide pro21 gram of technology-related assistance; and

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

23 carry out the activities described in section

24 102(d)(3).
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1 ‘‘(5) COMMENTS.—A summary of any com2 ments received concerning the issues described in

3 paragraph (4) and response of the State to such

4 comments, solicited through a public hearing re5 ferred to in paragraph (4) or through other means,

6 from individuals affected by the consumer-responsive

7 comprehensive statewide program of technology-re8 lated assistance, including—

9 ‘‘(A) individuals with disabilities and their

10 family members, guardians, advocates, or au11 thorized representatives;

12 ‘‘(B) public service providers and private

13 service providers;

14 ‘‘(C) educators and related services person15 nel;

16 ‘‘(D) technology experts (including engi17 neers);

18 ‘‘(E) employers; and

19 ‘‘(F) other appropriate individuals and en20 tities.

21 ‘‘(6) COMPATIBILITY AND ACCESSIBILITY OF

22 ELECTRONIC EQUIPMENT.—An assurance that the

23 State, or any recipient of funds made available to

24 the State under section 102 of this section, will com-
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1 ply with guidelines established under section 508 of

2 the Rehabilitation Act of 1973 (29 U.S.C. 794d).

3 ‘‘(e) PUBLIC HEARING.—

4 ‘‘(1) INITIAL EXTENSION GRANT.—To be eligi5 ble to receive a grant under subsection (a)(1), a

6 State shall hold a public hearing in the third year

7 of a program carried out under a grant made under

8 section 102, after providing appropriate and suffi9 cient notice to allow interested groups and organiza10 tions and all segments of the public an opportunity

11 to comment on the program.

12 ‘‘(2) SECOND EXTENSION GRANT.—To be eligi13 ble to receive a grant under subsection (a)(2), a

14 State shall hold a public hearing in the second year

15 of a program carried out under a grant made under

16 subsection (a)(1), after providing the notice de17 scribed in paragraph (1).’’.

18 SEC. 104. PROGRESS CRITERIA AND REPORTS.

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

20 follows:

21 ‘‘SEC. 104. PROGRESS CRITERIA AND REPORTS.

22 ‘‘(a) GUIDELINES.—The Secretary shall develop

23 guidelines to be used in assessing the extent to which a

24 State that received a grant under section 102 or 103 is

25 making significant progress in developing and implement-
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1 ing a consumer-responsive comprehensive statewide pro2 gram of technology-related assistance consistent with sec3 tion 2(b)(1).

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

5 under section 102 or 103 to carry out such a program

6 shall submit annually to the Secretary a report that docu7 ments significant progress in developing and implementing

8 a consumer-responsive comprehensive statewide program

9 of technology-related assistance, consistent with sections

10 2(b)(1), 101, and 102(e), and that documents the follow11 ing:

12 ‘‘(1) The progress the State has made, as deter13 mined in the State’s annual assessment described in

14 section 102(e)(8) (consistent with the guidelines es15 tablished by the Secretary under subsection (a)), in

16 achieving the State’s goals, objectives, and outcomes

17 as identified in the State’s application as described

18 in section 102(e)(6), and areas of need that require

19 attention in the next year, including unanticipated

20 problems with the achievement of the goals, objec21 tives, and outcomes described in the application, and

22 the activities the State has undertaken to rectify

23 these problems.

24 ‘‘(2) The systems change and advocacy activi25 ties carried out by the State including—
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1 ‘‘(A) an analysis of the laws, regulations,

2 policies, practices, procedures, and organiza3 tional structures that the State has changed,

4 has attempted to change, or will attempt to

5 change during the next year, to facilitate and

6 increase timely access to, provision of, or fund7 ing for, assistive technology devices and

8 assistive technology services; and

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

10 and procedures that the State has developed

11 and implemented regarding access to, provision

12 of, and funding for, assistive technology devices

13 and assistive technology services, particularly

14 policies and procedures regarding access to,

15 provision of, and funding for, such devices and

16 services under education (including special edu17 cation), vocational rehabilitation, and medical

18 assistance programs.

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

20 agencies, including the State insurance department,

21 in the development, implementation, and evaluation

22 of the program, including any interagency agree23 ments that the State has developed and implemented

24 regarding access to, provision of, and funding for,

25 assistive technology devices and assistive technology
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1 services such as agreements that identify available

2 resources for assistive technology devices and

3 assistive technology services and the responsibility of

4 each agency for paying for such devices and services.

5 ‘‘(4) The activities undertaken to collect and

6 disseminate information about the documents or ac7 tivities analyzed or described in paragraphs (1)

8 through (3), including outreach activities to

9 underrepresented populations and rural populations

10 and efforts to disseminate information by means of

11 electronic communication.

12 ‘‘(5) The involvement of individuals with dis13 abilities who represent a variety of ages and types

14 of disabilities in the planning, development, imple15 mentation, and assessment of the consumer-respon16 sive comprehensive statewide program of technology17 related assistance, including activities undertaken to

18 improve such involvement, such as consumer train19 ing and outreach activities to underrepresented pop20 ulations and rural populations.

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

22 the program, including satisfaction by

23 underrepresented populations and rural populations.

24 ‘‘(7) Efforts to train personnel as well as con25 sumers.
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1 ‘‘(8) Efforts to reduce the service delivery time

2 for receiving assistive technology devices and

3 assistive technology services.

4 ‘‘(9) Significant progress in the provision of

5 protection and advocacy services, in each of the

6 areas described in section 102(f)(2)(A)(ii).’’.

7 SEC. 105. ADMINISTRATIVE PROVISIONS.

8 (a) REVIEW OF PARTICIPATING STATES.—Section

9 105(a) (29 U.S.C. 2215(a)) is amended—

10 (1) in paragraph (1), by inserting before the pe11 riod the following: ‘‘, consistent with the guidelines

12 established under section 104(a)’’;

13 (2) by striking paragraph (2) and inserting the

14 following:

15 ‘‘(2) ONSITE VISITS.—

16 ‘‘(A) VISITS.—

17 ‘‘(i) DEVELOPMENT GRANT PRO18 GRAM.—The Secretary shall conduct an

19 onsite visit during the final year of each

20 State’s participation in the development

21 grant program.

22 ‘‘(ii) EXTENSION GRANT PROGRAM.—

23 Except as provided in clause (iii), the Sec24 retary shall conduct an additional onsite

25 visit to any State that applies for a second
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1 extension grant under section 103(a)(2)

2 and whose initial onsite visit occurred prior

3 to the date of the enactment of the Tech4 nology-Related Assistance for Individuals

5 With Disabilities Act Amendments of

6 1994. The Secretary shall conduct any

7 such visit to the State not later than 12

8 months after the date on which the Sec9 retary awards the second extension grant.

10 ‘‘(iii) DETERMINATION.—The Sec11 retary shall not be required to conduct a

12 visit described in clause (ii) if the Sec13 retary determines that the visit is not nec14 essary to assess whether the State is mak15 ing significant progress toward develop16 ment and implementation of a consumer17 responsive comprehensive statewide pro18 gram of technology-related assistance.

19 ‘‘(B) TEAM.—Two-thirds of the onsite

20 monitoring team in each case shall be qualified

21 peer reviewers, who—

22 ‘‘(i) shall not be lead agency person23 nel;

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

25 the State being monitored; and
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1 ‘‘(iii) shall include an individual with

2 a disability, or a family member, a guard3 ian, an advocate, or an authorized rep4 resentative of such an individual.

5 ‘‘(C) COMPENSATION.—

6 ‘‘(i) OFFICERS OR EMPLOYEES.—

7 Members of any onsite monitoring team

8 who are officers or full-time employees of

9 the United States shall serve without com10 pensation in addition to that received for

11 their services as officers or employees of

12 the United States, but may be allowed

13 travel expenses, including per diem in lieu

14 of subsistence, as authorized by section

15 5702 of title 5, United States Code, for in16 dividuals in the Government service travel17 ing on official business.

18 ‘‘(ii) OTHER MEMBERS.—Members of

19 any onsite monitoring team who are not of20 ficers or full-time employees of the United

21 States shall receive compensation at a rate

22 not to exceed the daily equivalent of the

23 rate of pay for level IV of the Executive

24 Schedule under section 5315 of title 5,

25 United States Code, for each day (includ-
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1 ing traveltime) during which such members

2 are engaged in the actual performance of

3 their duties as members of an onsite mon4 itoring team. In addition, such members

5 may be allowed travel expenses, including

6 per diem in lieu of subsistence, as author7 ized by section 5703 of title 5, United

8 States Code, for individuals in the Govern9 ment service employed intermittently.

10 ‘‘(D) REPORT.—The Secretary shall pre11 pare a report of findings from the onsite visit.

12 The Secretary shall consider the findings in de13 termining whether to continue funding the pro14 gram either with or without changes. The re15 port shall be available to the public.’’;

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

17 paragraphs (4) and (5), respectively;

18 (4) by inserting after paragraph (2) the follow19 ing:

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

21 shall provide advance public notice of the onsite visit

22 and solicit public comment through such notice from

23 individuals with disabilities and their family mem24 bers, guardians, advocates, and authorized rep25 resentatives, public service providers and private
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1 service providers, educators and related services per2 sonnel, technology experts (including engineers), em3 ployers, and other appropriate individuals and enti4 ties, regarding the State program funded through a

5 grant made under section 102 or 103. The public

6 comment solicitation notice shall be included in the

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

8 (5) in paragraph (4) (as redesignated in para9 graph (3)) by striking ‘‘statewide program’’ and in10 serting ‘‘consumer-responsive comprehensive state11 wide program’’.

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

13 U.S.C. 2215(b)) is amended—

14 (1) in paragraph (2)—

15 (A) in the heading, by striking ‘‘PEN16 ALTIES’’ and inserting ‘‘CORRECTIVE ACTIONS’’;

17 (B) in the matter preceding subparagraph

18 (A), by striking ‘‘penalties’’ and inserting ‘‘cor19 rective actions’’;

20 (C) by striking ‘‘or’’ at the end of subpara21 graph (B);

22 (D) by striking the period at the end of

23 subparagraph (C) and inserting ‘‘; or’’; and

24 (E) by adding at the end the following:
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1 ‘‘(D) required redesignation of the lead

2 agency, in accordance with subsection (c).’’; and

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

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

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

6 is amended—

7 (1) by striking subsection (c); and

8 (2) by adding at the end the following:

9 ‘‘(c) REDESIGNATION OF LEAD AGENCY.—

10 ‘‘(1) MONITORING PANEL.—

11 ‘‘(A) APPOINTMENT.—Once a State be12 comes subject to a corrective action plan pursu13 ant to subsection (b), the Governor of the

14 State, subject to approval by the Secretary,

15 shall appoint, within 30 days after the submis16 sion of the plan to the Secretary, a monitoring

17 panel consisting of the following representa18 tives:

19 ‘‘(i) The head of the lead agency des20 ignated by the Governor.

21 ‘‘(ii) 2 representatives from different

22 public or private nonprofit organizations

23 that represent the interests of individuals

24 with disabilities.
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1 ‘‘(iii) 2 consumers who are users of

2 assistive technology devices and assistive

3 technology services and who are not—

4 ‘‘(I) members of the advisory

5 council, if any, of the consumer-re6 sponsive comprehensive statewide pro7 gram of technology-related assistance;

8 or

9 ‘‘(II) employees of the State lead

10 agency.

11 ‘‘(iv) 2 service providers with knowl12 edge and expertise in assistive technology

13 devices and assistive technology services.

14 ‘‘(B) MEMBERSHIP AND CHAIRPERSON.—

15 The monitoring panel shall be ethnically di16 verse. The panel shall select a chairperson from

17 among the members of the panel.

18 ‘‘(C) INFORMATION.—The panel shall re19 ceive periodic reports from the State regarding

20 progress in implementing the corrective action

21 plan and shall have the authority to request ad22 ditional information necessary to determine

23 compliance.

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

25 panel to determine compliance shall be open to
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1 the public (subject to confidentiality concerns)

2 and held at locations that are accessible to indi3 viduals with disabilities.

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

5 the duties of the panel for the entire period of

6 the corrective action plan, as determined by the

7 Secretary.

8 ‘‘(F) FUNDING.—The panel shall be fund9 ed by a portion of the funds received by the

10 State under this title, as directed by the Sec11 retary.

12 ‘‘(2) FAILURE TO APPOINT MONITORING

13 PANEL.—A failure by a Governor of a State to com14 ply with the requirements of paragraph (1) shall re15 sult in the termination of funding for the State

16 under this title.

17 ‘‘(3) DETERMINATION.—

18 ‘‘(A) PANEL.—Based on its findings, a

19 monitoring panel may determine that a lead

20 agency designated by a Governor has not ac21 complished the purposes described in section

22 2(b)(1) and that there is good cause for redes23 ignation of the agency and the temporary loss

24 of funds by the State under this title.
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1 ‘‘(B) GOOD CAUSE.—In this paragraph,

2 the term ‘good cause’ includes—

3 ‘‘(i) lack of progress with employment

4 of qualified staff;

5 ‘‘(ii) lack of consumer-responsive ac6 tivities;

7 ‘‘(iii) lack of resource allocation to

8 systems change and advocacy activities;

9 ‘‘(iv) lack of progress with meeting

10 the assurances in section 102(e); or

11 ‘‘(v) inadequate fiscal management.

12 ‘‘(C) RECOMMENDATION AND ACTION.—If

13 a monitoring panel makes such a determination,

14 the panel shall recommend to the Secretary

15 that further remedial action be taken or that

16 the Secretary order the Governor to redesignate

17 the lead agency within 90 days or lose funds

18 under this title. The Secretary, based on the

19 findings and recommendations of the monitor20 ing panel, and after providing to the public no21 tice and an opportunity for comment, shall

22 make a final determination regarding whether

23 to order the Governor to redesignate the lead

24 agency. The Governor shall make any such re-
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1 designation in accordance with the requirements

2 that apply to designations under section 102(d).

3 ‘‘(d) CHANGE OF PROTECTION AND ADVOCACY SERV4 ICES PROVIDER.—

5 ‘‘(1) DETERMINATION.—The Governor of a

6 State, based on input from individuals with disabil7 ities and their family members, guardians, advo8 cates, or authorized representatives, may determine

9 that the entity providing protection and advocacy

10 services required by section 102(e)(20) (referred to

11 in this subsection as the ‘first entity’) has not met

12 the protection and advocacy service needs of the in13 dividuals with disabilities and their family members,

14 guardians, advocates, or authorized representatives,

15 for securing funding for and access to assistive tech16 nology devices and assistive technology services, and

17 that there is good cause to provide the protection

18 and advocacy services for the State through a con19 tract with a second entity.

20 ‘‘(2) NOTICE AND OPPORTUNITY TO BE

21 HEARD.—On making such a determination, the Gov22 ernor may not enter into a contract with a second

23 entity to provide the protection and advocacy serv24 ices unless good cause exists and unless—
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1 ‘‘(A) the Governor has given the first en2 tity 30 days notice of the intention to enter into

3 such contract, including specification of the

4 good cause, and an opportunity to respond to

5 the assertion that good cause has been shown;

6 ‘‘(B) individuals with disabilities and their

7 family members, guardians, advocates, or au8 thorized representatives, have timely notice of

9 the determination and opportunity for public

10 comment; and

11 ‘‘(C) the first entity has the opportunity to

12 appeal the determination to the Secretary with13 in 30 days of the determination on the basis

14 that there is not good cause to enter into the

15 contract.

16 ‘‘(3) REDESIGNATION.—

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

18 a State determines that there is good cause to

19 enter into a contract with a second entity to

20 provide the protection and advocacy services,

21 the Governor shall hold an open competition

22 within the State and issue a request for propos23 als by entities desiring to provide the services.

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

25 issue such request until the first entity has been
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1 given notice and an opportunity to respond. If

2 the first entity appeals the determination to the

3 Secretary in accordance with paragraph (2)(C),

4 the Governor shall issue such request only if the

5 Secretary decides not to overturn the deter6 mination of the Governor. The Governor shall

7 issue such request within 30 days after the end

8 of the period during which the first entity has

9 the opportunity to respond, or after the decision

10 of the Secretary, as appropriate.

11 ‘‘(C) PROCEDURE.—Such competition shall

12 be open to entities with the same expertise and

13 ability to provide legal services as a system re14 ferred to in section 102(e)(20). The competition

15 shall ensure public involvement, including a

16 public hearing and adequate opportunity for

17 public comment.

18 ‘‘(e) ANNUAL REPORT.—

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

20 31 of each year, the Secretary shall prepare, and

21 submit to the President and to the Congress, a re22 port on Federal initiatives, including the initiatives

23 funded under this Act, to improve the access of indi24 viduals with disabilities to assistive technology de25 vices and assistive technology services.
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1 ‘‘(2) CONTENTS.—Such report shall include in2 formation on—

3 ‘‘(A) the demonstrated successes of such

4 Federal initiatives at the Federal and State lev5 els in improving interagency coordination,

6 streamlining access to funding for assistive

7 technology, and producing beneficial outcomes

8 for users of assistive technology;

9 ‘‘(B) the demonstration activities carried

10 out through the Federal initiatives to—

11 ‘‘(i) promote access to such funding in

12 public programs that were in existence on

13 the date of the initiation of the demonstra14 tion activities; and

15 ‘‘(ii) establish additional options for

16 obtaining such funding;

17 ‘‘(C) the education and training activities

18 carried out through the Federal initiatives to

19 promote such access in public programs and the

20 health care system and the efforts carried out

21 through such activities to train professionals in

22 a variety of relevant disciplines, and increase

23 the competencies of the professionals with re24 spect to technology-related assistance;
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1 ‘‘(D) the education and training activities

2 carried out through the Federal initiatives to

3 train individuals with disabilities and their fam4 ily members, guardians, advocates, or author5 ized representatives, individuals who work for

6 public agencies, or for private entities (includ7 ing insurers), that have contact with individuals

8 with disabilities, educators and related services

9 personnel, technology experts (including engi10 neers), employers, and other appropriate indi11 viduals, about technology-related assistance;

12 ‘‘(E) the education and training activities

13 carried out through Federal initiatives to pro14 mote awareness of available funding in public

15 programs;

16 ‘‘(F) the research activities carried out

17 through the Federal initiatives to improve un18 derstanding of the costs and benefits of access

19 to assistive technology for individuals with dis20 abilities who represent a variety of ages and

21 types of disabilities;

22 ‘‘(G) the program outreach activities to

23 rural and inner-city areas that are carried out

24 through the Federal initiatives;
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1 ‘‘(H) the activities carried out through the

2 Federal initiatives that are targeted to reach

3 underrepresented populations and rural popu4 lations; and

5 ‘‘(I) the consumer involvement activities in

6 the programs carried out under this Act.

7 ‘‘(3) AVAILABILITY OF ASSISTIVE TECHNOLOGY

8 DEVICES AND ASSISTIVE TECHNOLOGY SERVICES.—

9 As soon as practicable, the Secretary shall include in

10 the annual report required by this subsection infor11 mation on the availability of assistive technology de12 vices and assistive technology services. When a na13 tional classification system for assistive technology

14 devices and assistive technology services is developed

15 pursuant to section 201, the Secretary shall report

16 such information in a manner consistent with such

17 national classification system.

18 ‘‘(f) INTERAGENCY DISABILITY COORDINATING

19 COUNCIL.—

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

21 1995, the Interagency Disability Coordinating Coun22 cil established under section 507 of the Rehabilita23 tion Act of 1973 (29 U.S.C. 794c) shall prepare and

24 submit to the President and to the Congress a re25 port containing—
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1 ‘‘(A) the response of the Interagency Dis2 ability Coordinating Council to—

3 ‘‘(i) the findings of the National

4 Council on Disability resulting from the

5 study entitled ‘Study on the Financing of

6 Assistive Technology Devices and Services

7 for Individuals with Disabilities’, carried

8 out in accordance with section 201 of this

9 Act, as in effect on the day before the date

10 of the enactment of this subsection; and

11 ‘‘(ii) the recommendations of the Na12 tional Council on Disability for legislative

13 and administrative change, resulting from

14 such study; and

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

16 the Interagency Disability Coordinating Council

17 that facilitate the accomplishment of section

18 2(b)(1) with respect to the Federal Govern19 ment.

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

21 comments submitted by the National Council on

22 Disability as to the appropriateness of the response

23 described in paragraph (1)(A) and the effectiveness

24 of the activities described in paragraph (1)(B) in

25 meeting the needs of individuals with disabilities for
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1 assistive technology devices and assistive technology

2 services.

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

4 may not be construed as authorizing a Federal or a State

5 agency to reduce medical or other assistance available or

6 to alter eligibility under any other Federal law.’’.

7 SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

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

9 follows:

10 ‘‘SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

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

12 are authorized to be appropriated to carry out this title

13 $50,000,000 for fiscal year 1994, and such sums as may

14 be necessary for each of the fiscal years 1995 through

15 1998.

16 ‘‘(b) RESERVATIONS.—

17 ‘‘(1) PROVISION OF INFORMATION AND TECH18 NICAL ASSISTANCE.—

19 ‘‘(A) IN GENERAL.—Of the funds appro20 priated for any fiscal year under subsection (a),

21 the Secretary shall reserve at least 2 percent or

22 $1,500,000, whichever is greater, of such funds,

23 for the purpose of providing information and

24 technical assistance as described in subpara25 graphs (B) and (C) to States, individuals with
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1 disabilities and their family members, guard2 ians, advocates, or authorized representatives,

3 community-based organizations, and protection

4 and advocacy agencies.

5 ‘‘(B) TECHNICAL ASSISTANCE TO

6 STATES.—In providing such information and

7 technical assistance to States, the Secretary

8 shall consider the input of the directors of

9 consumer-responsive comprehensive statewide

10 programs of technology-related assistance, shall

11 provide a clearinghouse for activities that have

12 been developed and implemented through pro13 grams funded under this title, and shall provide

14 information and technical assistance that—

15 ‘‘(i) facilitate service delivery capacity

16 building, training of personnel from a vari17 ety of disciplines, and improvement of eval18 uation strategies, research, and data collec19 tion;

20 ‘‘(ii) foster the development and rep21 lication of effective approaches to informa22 tion referral, interagency coordination of

23 training and service delivery, outreach to

24 underrepresented populations and rural
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1 populations, and public awareness activi2 ties;

3 ‘‘(iii) improve the awareness and

4 adoption of successful approaches to in5 creasing the availability of public and pri6 vate funding for and access to the provi7 sion of assistive technology devices and

8 assistive technology services by appropriate

9 State agencies;

10 ‘‘(iv) assist in planning, developing,

11 implementing, and evaluating appropriate

12 activities to further extend consumer-re13 sponsive comprehensive statewide pro14 grams of technology-related assistance;

15 ‘‘(v) promote effective approaches to

16 the development of consumer-controlled

17 systems that increase access to, funding

18 for, and awareness of, assistive technology

19 devices and assistive technology services;

20 ‘‘(vi) provide technical assistance and

21 training to the entities carrying out activi22 ties funded pursuant to this title, to estab23 lish or participate in electronic communica24 tion activities with other States; and
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1 ‘‘(vii) provide any other appropriate

2 information and technical assistance to as3 sist the States in accomplishing the pur4 poses of this Act.

5 ‘‘(C) INFORMATION AND TECHNICAL AS6 SISTANCE TO INDIVIDUALS WITH DISABILITIES

7 AND OTHER PERSONS.—The Secretary shall

8 provide information and technical assistance to

9 individuals with disabilities and their family

10 members, guardians, advocates, or authorized

11 representatives, community-based organizations,

12 and protection and advocacy agencies, on a na13 tionwide basis, to—

14 ‘‘(i) disseminate information about,

15 and foster awareness and understanding

16 of, Federal, State, and local laws, regula17 tions, policies, practices, procedures, and

18 organizational structures, that facilitate,

19 and overcome barriers to, funding for, and

20 access to, assistive technology devices and

21 assistive technology services, to promote

22 fuller independence, productivity, and in23 clusion for individuals with disabilities of

24 all ages;
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1 ‘‘(ii) identify, collect, and disseminate

2 information, and provide technical assist3 ance, on effective systems change and ad4 vocacy activities;

5 ‘‘(iii) improve the understanding and

6 use of assistive technology funding deci7 sions made as a result of policies, prac8 tices, and procedures, or through regula9 tions, administrative hearings, or legal ac10 tions, that enhance access to funding for

11 assistive technology devices and assistive

12 technology services for individuals with dis13 abilities;

14 ‘‘(iv) promote effective approaches to

15 Federal-State coordination of programs for

16 individuals with disabilities, through infor17 mation dissemination and technical assist18 ance activities in response to funding pol19 icy issues identified on a nationwide basis

20 by organizations, and individuals, that im21 prove funding for or access to assistive

22 technology devices and assistive technology

23 services for individuals with disabilities of

24 all ages; and
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1 ‘‘(v) promote effective approaches to

2 the development of consumer-controlled

3 systems that increase access to, funding

4 for, and awareness of, assistive technology

5 devices and assistive technology services,

6 including the identification and description

7 of mechanisms and means that successfully

8 support self-help and peer mentoring

9 groups for individuals with disabilities.

10 ‘‘(D) COORDINATION.—The Secretary shall

11 coordinate the information and technical assist12 ance activities carried out under subparagraph

13 (B) or (C) with other activities funded under

14 this Act.

15 ‘‘(E) GRANTS, CONTRACTS, OR COOPERA16 TIVE AGREEMENTS.—

17 ‘‘(i) IN GENERAL.—The Secretary

18 shall provide the technical assistance and

19 information described in subparagraphs

20 (B) and (C) through grants, contracts, or

21 cooperative agreements with public or pri22 vate agencies and organizations, including

23 institutions of higher education, with docu24 mented experience, expertise, and capacity

25 to carry out identified activities related to
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1 the provision of such technical assistance

2 and information.

3 ‘‘(ii) ENTITIES WITH EXPERTISE IN

4 ASSISTIVE TECHNOLOGY SERVICE DELIV5 ERY, INTERAGENCY COORDINATION, AND

6 SYSTEMS CHANGE AND ADVOCACY ACTIVI7 TIES.—For the purpose of achieving the

8 objectives described in paragraph (1)(B),

9 the Secretary shall reserve not less than 45

10 percent and not more than 55 percent of

11 the funds reserved under subparagraph (A)

12 for each fiscal year for grants to, or con13 tracts or cooperative agreements with, pub14 lic or private agencies or organizations

15 with documented experience with and ex16 pertise in assistive technology service deliv17 ery, interagency coordination, and systems

18 change and advocacy activities.

19 ‘‘(iii) ENTITIES WITH EXPERTISE IN

20 ASSISTIVE TECHNOLOGY SYSTEMS CHANGE

21 AND ADVOCACY ACTIVITIES, PUBLIC FUND22 ING OPTIONS, AND OTHER SERVICES.—For

23 the purpose of achieving the objectives de24 scribed in paragraph (1)(C), the Secretary

25 shall reserve not less than 45 percent and
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1 not more than 55 percent of the funds re2 served under subparagraph (A) for each

3 fiscal year for grants to, or contracts or co4 operative agreements with, public or pri5 vate agencies or organizations with docu6 mented experience with and expertise in—

7 ‘‘(I) assistive technology systems

8 change and advocacy activities;

9 ‘‘(II) public funding options; and

10 ‘‘(III) services to increase nation11 wide the availability of funding for

12 assistive technology devices and

13 assistive technology services.

14 ‘‘(iv) APPLICATION.—The Secretary

15 shall make any grants, and enter into any

16 contracts or cooperative agreements, under

17 this subsection on a competitive basis. To

18 be eligible to receive funds under this sub19 section an agency, organization, or institu20 tion shall submit an application to the Sec21 retary at such time, in such manner, and

22 containing such information, as the Sec23 retary may require.

24 ‘‘(2) ONSITE VISITS.—The Secretary may re25 serve, from amounts appropriated for any fiscal year
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1 under subsection (a), such sums as the Secretary

2 considers to be necessary for the purposes of con3 ducting onsite visits as required by section

4 105(a)(2).’’.

5 SEC. 107. REPEALS.

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

7 TITLE II—PROGRAMS OF

8 NATIONAL SIGNIFICANCE

9 SEC. 201. NATIONAL CLASSIFICATION SYSTEM.

10 Title II (29 U.S.C. 2231 et seq.) is amended by re11 pealing part A and inserting the following:

12 ‘‘Subtitle A—National

13 Classification System

14 ‘‘SEC. 201. CLASSIFICATION SYSTEM.

15 ‘‘(a) SYSTEM DEVELOPMENT PROJECT.—

16 ‘‘(1) IN GENERAL.—In fiscal year 1995, the

17 Secretary shall initiate a system development

18 project, based on a plan developed in consultation

19 and coordination with other appropriate Federal and

20 State agencies, to develop a national classification

21 system for assistive technology devices and assistive

22 technology services, with the goal of obtaining uni23 form data through such a system on such devices

24 and services across public programs and information

25 and referral networks.
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1 ‘‘(2) PROJECT PLAN.—

2 ‘‘(A) REPRESENTATIVES.—In developing a

3 plan for the system development project, the

4 Secretary shall consult with, and coordinate ac5 tivities with—

6 ‘‘(i) representatives of Federal agen7 cies, including agencies that are headed by

8 members of the Interagency Disability Co9 ordinating Council established under sec10 tion 507 of the Rehabilitation Act of 1973

11 (29 U.S.C. 794c); and

12 ‘‘(ii) as determined by the Secretary,

13 representatives of State agencies and other

14 appropriate organizations that have re15 sponsibility for or are involved in the devel16 opment and modification of assistive tech17 nology devices, the provision of assistive

18 technology devices and assistive technology

19 services, or the dissemination of informa20 tion about assistive technology devices and

21 assistive technology services, including re22 cipients of grants or contracts for the pro23 vision of technical assistance to State

24 assistive technology projects under section

25 106(b), assistive technology reimbursement
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1 specialists, representatives of the State

2 assistive technology projects, and rep3 resentatives of organizations involved in in4 formation and referral activities.

5 ‘‘(B) ISSUES.—The Secretary shall con6 duct such consultation, and such coordination

7 of activities, with respect to the following:

8 ‘‘(i) The costs and benefits, on an

9 agency-by-agency basis, of obtaining uni10 form data through a national classification

11 system for assistive technology devices and

12 assistive technology services across public

13 programs and information and referral

14 networks.

15 ‘‘(ii) The types of data that should be

16 collected, including data regarding funding,

17 across a range of programs, including the

18 programs listed in subsection (c)(2), as ap19 propriate.

20 ‘‘(iii) A methodology for developing a

21 single taxonomy and nomenclature for both

22 assistive technology devices and assistive

23 technology services across a range of pro24 grams, including the programs listed in

25 subsection (c)(2), as appropriate.
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1 ‘‘(iv) The process for developing an

2 appropriate data collection instrument or

3 instruments.

4 ‘‘(v) A methodology for collecting data

5 across a range of programs, including the

6 programs listed in subsection (c)(2), as ap7 propriate.

8 ‘‘(vi) The use of a national classifica9 tion system by the Internal Revenue Serv10 ice and State finance agencies to determine

11 whether devices and services are assistive

12 technology devices or assistive technology

13 services for the purpose of determining

14 whether a deduction or credit is allowable

15 under the Internal Revenue Code of 1986

16 or State tax law.

17 ‘‘(3) CONTRACTS AND COOPERATIVE AGREE18 MENTS.—The Secretary may carry out this section

19 directly, or, if necessary, by entering into contracts

20 or cooperative agreements with appropriate entities.

21 ‘‘(b) SINGLE TAXONOMY.—In conducting the system

22 development project, the Secretary shall develop a national

23 classification system that includes a single taxonomy and

24 nomenclature for assistive technology devices and assistive

25 technology services.
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1 ‘‘(c) DATA COLLECTION INSTRUMENT.—In conduct2 ing the system development project, the Secretary shall

3 develop a data collection instrument to—

4 ‘‘(1) collect data regarding funding for assistive

5 technology devices and assistive technology services;

6 and

7 ‘‘(2) collect such data from public programs, in8 cluding, at a minimum—

9 ‘‘(A) programs carried out under title I,

10 VI, or VII of the Rehabilitation Act of 1973

11 (29 U.S.C. 720 et seq., 795 et seq., or 796 et

12 seq.);

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

14 H of the Individuals with Disabilities Education

15 Act (20 U.S.C. 1411 et seq. or 1471 et seq.);

16 ‘‘(C) programs carried out under title V or

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

18 et seq. or 1396 et seq.);

19 ‘‘(D) programs carried out under the Older

20 Americans Act of 1965 (42 U.S.C. 3001 et

21 seq.); and

22 ‘‘(E) programs carried out under the De23 velopmental Disabilities Assistance and Bill of

24 Rights Act (42 U.S.C. 6000 et seq.).
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1 ‘‘(d) CONSULTATION.—The Secretary shall conduct

2 the system development project in consultation with the

3 Federal agencies that were consulted in developing the

4 project plan.

5 ‘‘(e) REPORT TO THE PRESIDENT AND THE CON6 GRESS ON IMPLEMENTATION OF UNIFORM DATA COLLEC7 TION SYSTEM.—Not later than July 1, 1997, the Sec8 retary shall prepare and submit to the President and the

9 appropriate committees of Congress a report containing—

10 ‘‘(1) the results of the system development

11 project; and

12 ‘‘(2) the recommendations of the Secretary con13 cerning implementation of a national classification

14 system, including uniform data collection.

15 ‘‘(f) RESERVATION.—From the amounts appro16 priated under subtitle C for fiscal year 1995, the Secretary

17 shall reserve up to $200,000 to carry out this subtitle.’’.

18 SEC. 202. TRAINING AND DEMONSTRATION PROJECTS.

19 Title II (29 U.S.C. 2231 et seq.) is amended by re20 pealing parts B, C, and D and inserting the following:

21 ‘‘Subtitle B—Training and

22 Demonstration Projects

23 ‘‘SEC. 211. TRAINING.

24 ‘‘(a) TECHNOLOGY TRAINING.—
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1 ‘‘(1) GENERAL AUTHORITY.—The Secretary

2 shall make grants to, or enter into contracts or co3 operative agreements with, appropriate public or pri4 vate agencies and organizations, including institu5 tions of higher education and community-based or6 ganizations, for the purposes of—

7 ‘‘(A) conducting training sessions;

8 ‘‘(B) developing, demonstrating, dissemi9 nating, and evaluating curricula, materials, and

10 methods used to train individuals regarding the

11 provision of technology-related assistance, to

12 enhance opportunities for independence, produc13 tivity, and inclusion of individuals with disabil14 ities; and

15 ‘‘(C) providing training to develop aware16 ness, skills, and competencies of service provid17 ers, consumers, and volunteers, who are located

18 in rural areas, to increase the availability of

19 technology-related assistance in community20 based settings for rural residents who are indi21 viduals with disabilities.

22 ‘‘(2) ELIGIBLE ACTIVITIES.—Activities con23 ducted under grants, contracts, or cooperative agree24 ments described in paragraph (1) may address the

25 training needs of individuals with disabilities and
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1 their family members, guardians, advocates, and au2 thorized representatives, individuals who work for

3 public agencies, or for private entities (including in4 surers), that have contact with individuals with dis5 abilities, educators and related services personnel,

6 technology experts (including engineers), employers,

7 and other appropriate individuals.

8 ‘‘(3) USES OF FUNDS.—An agency or organiza9 tion that receives a grant or enters into a contract

10 or cooperative agreement under paragraph (1) may

11 use amounts made available through the grant, con12 tract, or agreement to—

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

14 courses of training or study related to tech15 nology-related assistance; and

16 ‘‘(B) establish and maintain scholarships

17 related to such courses of training or study,

18 with such stipends and allowances as the Sec19 retary may determine to be appropriate.

20 ‘‘(4) APPLICATION.—

21 ‘‘(A) IN GENERAL.—To be eligible to re22 ceive a grant or enter into a contract or cooper23 ative agreement under paragraph (1), an agen24 cy or organization shall submit an application

25 to the Secretary at such time, in such manner,
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1 and containing such information as the Sec2 retary may require.

3 ‘‘(B) STRATEGIES.—At a minimum, any

4 such application shall include a detailed descrip5 tion of the strategies that the agency or organi6 zation will use to recruit and train persons to

7 provide technology-related assistance, in order

8 to—

9 ‘‘(i) increase the extent to which such

10 persons reflect the diverse populations of

11 the United States; and

12 ‘‘(ii) increase the number of individ13 uals with disabilities, and individuals who

14 are members of minority groups, who are

15 available to provide such assistance.

16 ‘‘(5) PRIORITIES.—

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

18 year 1994, the Secretary shall—

19 ‘‘(i) establish priorities for activities

20 carried out with assistance under this sub21 section;

22 ‘‘(ii) publish such priorities in the

23 Federal Register for the purpose of receiv24 ing public comment; and
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1 ‘‘(iii) publish such priorities in the

2 Federal Register in final form not later

3 than the date on which the Secretary pub4 lishes announcements for assistance pro5 vided under this subsection.

6 ‘‘(B) EXPLANATION OF DETERMINATION

7 OF PRIORITIES.—Concurrent with the publica8 tions required by subparagraph (A), the Sec9 retary shall publish in the Federal Register an

10 explanation of the manner in which the prior11 ities were determined.

12 ‘‘(b) TECHNOLOGY CAREERS.—

13 ‘‘(1) IN GENERAL.—

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

15 grants to assist public or private agencies and

16 organizations, including institutions of higher

17 education, to prepare students and faculty

18 working in specific fields for careers relating to

19 the provision of assistive technology devices and

20 assistive technology services.

21 ‘‘(B) FIELDS.—The specific fields de22 scribed in subparagraph (A) may include—

23 ‘‘(i) engineering;

24 ‘‘(ii) industrial technology;

25 ‘‘(iii) computer science;
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1 ‘‘(iv) communication disorders;

2 ‘‘(v) special education and related

3 services;

4 ‘‘(vi) rehabilitation; and

5 ‘‘(vii) social work.

6 ‘‘(2) PRIORITY.—In awarding grants under

7 paragraph (1), the Secretary shall give priority to

8 the interdisciplinary preparation of personnel who

9 provide or who will provide technical assistance, who

10 administer programs, or who prepare other person11 nel, in order to—

12 ‘‘(A) support the development and imple13 mentation of consumer-responsive comprehen14 sive statewide programs of technology-related

15 assistance to individuals with disabilities; and

16 ‘‘(B) enhance the skills and competencies

17 of individuals involved in the provision of tech18 nology-related assistance, including assistive

19 technology devices and assistive technology

20 services, to individuals with disabilities.

21 ‘‘(3) USES OF FUNDS.—An agency or organiza22 tion that receives a grant under paragraph (1) may

23 use amounts made available through the grant to—
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1 ‘‘(A) pay for a portion of the cost of

2 courses of training or study related to tech3 nology-related assistance; and

4 ‘‘(B) establish and maintain scholarships

5 related to such courses of training or study,

6 with such stipends and allowances as the Sec7 retary may determine to be appropriate.

8 ‘‘(4) APPLICATION.—

9 ‘‘(A) IN GENERAL.—To be eligible to re10 ceive a grant under this section, an agency or

11 organization shall submit an application to the

12 Secretary at such time, in such manner, and

13 containing such information as the Secretary

14 may require.

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

16 such application shall include a detailed descrip17 tion of the strategies that the agency or organi18 zation will use to recruit and train persons to

19 provide technology-related assistance, in order

20 to—

21 ‘‘(i) increase the extent to which such

22 persons reflect the diverse populations of

23 the United States; and

24 ‘‘(ii) increase the number of individ25 uals with disabilities, and individuals who
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1 are members of minority groups, who are

2 available to provide such assistance.

3 ‘‘(c) GRANTS TO HISTORICALLY BLACK COL4 LEGES.—In exercising the authority granted in sub5 sections (a) and (b), the Secretary shall reserve an ade6 quate amount for grants to historically black colleges and

7 universities and other institutions of higher education

8 whose minority student enrollment is at least 50 percent.

9 ‘‘SEC. 212. TECHNOLOGY TRANSFER.

10 ‘‘The Secretary shall enter into an agreement with

11 an organization whose primary function is to promote

12 technology transfer from, and cooperation among, Federal

13 laboratories (as defined in section 4(6) of the Stevenson14 Wydler Technology Innovation Act of 1980 (15 U.S.C.

15 3703(6))), under which funds shall be provided to promote

16 technology transfer that will spur the development of

17 assistive technology devices.

18 ‘‘SEC. 213. DEVICE AND EQUIPMENT REDISTRIBUTION IN19 FORMATION SYSTEMS AND RECYCLING CEN20 TERS.

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

22 to, or enter into contracts or cooperative agreements with,

23 public agencies, private entities, or institutions of higher

24 education for the purpose of developing and establishing

25 recycling projects.
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1 ‘‘(b) PROJECT ACTIVITIES.—Such recycling projects

2 may include—

3 ‘‘(1) a system for accepting, on an uncondi4 tional gift basis, assistive technology devices, includ5 ing a process for valuing the devices and evaluating

6 their use and potential;

7 ‘‘(2) a system for storing and caring for such

8 devices;

9 ‘‘(3) an information system (including computer

10 databases) by which local educational agencies, reha11 bilitation entities, local community-based organiza12 tions, independent living centers, and other entities,

13 would be informed, on a periodic and timely basis,

14 about the availability and nature of the devices cur15 rently held; and

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

17 to consumers and the entities listed in paragraph

18 (3), and provides for tracking each device through19 out the useful life of the device.

20 ‘‘(c) MULTIPLE PROVIDERS.—

21 ‘‘(1) IN GENERAL.—With respect to activities

22 funded under this section, an agency, entity, or in23 stitution may utilize a single service provider or may

24 establish a system of service providers.
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1 ‘‘(2) ASSURANCES.—If an agency, entity, or in2 stitution uses multiple providers, the agency, entity,

3 or institution shall assure that—

4 ‘‘(A) all consumers within a State will re5 ceive equal access to services, regardless of the

6 geographic location or socioeconomic status of

7 the consumers; and

8 ‘‘(B) all activities of the providers will be

9 coordinated and monitored by the agency, en10 tity, or institution.

11 ‘‘(d) OTHER LAWS.—Nothing in this section shall af12 fect the provision of services or devices pursuant to title

13 I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)

14 or part B of the Individuals with Disabilities Education

15 Act (20 U.S.C. 1411 et seq.).

16 ‘‘(e) EXISTING PROGRAMS.—Public agencies, private

17 entities, or institutions of higher education that have es18 tablished recycling programs prior to receiving assistance

19 under this section may use funds made available under

20 this section to extend and strengthen such programs

21 through grants, contracts, or agreements under this sec22 tion.
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1 ‘‘SEC. 214. BUSINESS OPPORTUNITIES FOR INDIVIDUALS

2 WITH DISABILITIES.

3 ‘‘The Secretary may make grants to individuals with

4 disabilities to enable the individuals to establish or operate

5 commercial or other enterprises that develop or market

6 assistive technology devices or assistive technology serv7 ices.

8 ‘‘SEC. 215. PRODUCTS OF UNIVERSAL DESIGN.

9 ‘‘The Secretary may make grants to commercial or

10 other enterprises and institutions of higher education for

11 the research and development of products of universal de12 sign. In awarding such grants, the Secretary shall give

13 preference to enterprises that are owned or operated by

14 individuals with disabilities.

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

16 ‘‘Persons and entities that carry out activities pursu17 ant to this subtitle shall—

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

19 standards as the persons and entities carrying out

20 programs under title I;

21 ‘‘(2) make available to individuals with disabil22 ities and their family members, guardians, advo23 cates, and authorized representatives information

24 concerning technology-related assistance in a form

25 that will allow such individuals with disabilities to

26 effectively use such information;
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1 ‘‘(3) in preparing such information for dissemi2 nation, consider the media-related needs of individ3 uals with disabilities who have sensory and cognitive

4 limitations and consider the use of auditory mate5 rials, including audio cassettes, visual materials, in6 cluding video cassettes and video discs, and braille

7 materials; and

8 ‘‘(4) coordinate their efforts with the consumer9 responsive comprehensive statewide program of tech10 nology-related assistance for individuals with disabil11 ities in any State in which the activities are carried

12 out.

13 ‘‘Subtitle C—Authorization of

14 Appropriations

15 ‘‘SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘There are authorized to be appropriated to carry out

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

18 as may be necessary for each of the fiscal years 1995

19 through 1998.’’.

20 TITLE III—ALTERNATIVE

21 FINANCING MECHANISMS

22 SEC. 301. ALTERNATIVE FINANCING MECHANISMS AUTHOR23 IZED.

24 The Act (29 U.S.C. 2201 et seq.) is amended by add25 ing at the end the following:
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1 ‘‘TITLE III—ALTERNATIVE

2 FINANCING MECHANISMS

3 ‘‘SEC. 301. GENERAL AUTHORITY TO PROVIDE ALTER4 NATIVE FINANCING MECHANISMS.

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

6 grants to States to pay for the Federal share of the cost

7 of the establishment and administration of, or the expan8 sion and administration of, alternative financing mecha9 nisms (referred to individually in this title as an ‘alter10 native financing mechanism’) to allow individuals with dis11 abilities and their family members, guardians, and author12 ized representatives to purchase assistive technology de13 vices and assistive technology services.

14 ‘‘(b) MECHANISMS.—The alternative financing mech15 anisms may include—

16 ‘‘(1) a low-interest loan fund;

17 ‘‘(2) a revolving fund;

18 ‘‘(3) a loan insurance program;

19 ‘‘(4) a partnership with private entities for the

20 purchase, lease, or other acquisition of assistive

21 technology devices or the provision of assistive tech22 nology services; and

23 ‘‘(5) other alternative financing mechanisms

24 that meet the requirements of this Act and are ap25 proved by the Secretary.
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1 ‘‘(c) CONSTRUCTION.—Nothing in this section shall

2 be construed as affecting the authority of a State to estab3 lish alternative financing mechanisms under title I.

4 ‘‘SEC. 302. APPLICATIONS AND PROCEDURES.

5 ‘‘(a) ELIGIBILITY.—States that receive or have re6 ceived grants under section 102 or 103 shall be eligible

7 to compete for grants under section 301.

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

9 grants under section 301 under such conditions as the

10 Secretary shall, by regulation, determine, except that—

11 ‘‘(1) a State may receive only 1 grant under

12 section 301 and may only receive such a grant for

13 1 year under this title;

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

15 under section 301 shall submit an application to the

16 Secretary, at such time and in such manner as the

17 Secretary may require, containing—

18 ‘‘(A) an assurance that the State will pro19 vide at least 50 percent of the cost described in

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

21 the purpose of supporting the alternative fi22 nancing mechanisms that are covered by the

23 grant;
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1 ‘‘(B) an assurance that an alternative fi2 nancing mechanism will continue on a perma3 nent basis; and

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

5 the alternative financing mechanisms to be

6 funded under section 301 will expand and em7 phasize consumer choice and control;

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

9 301—

10 ‘‘(A) shall enter into a contract, with a

11 community-based organization (or a consortia

12 of such organizations) that has individuals with

13 disabilities involved at all organizational levels,

14 for the administration of the alternative financ15 ing mechanisms that are supported under sec16 tion 301; and

17 ‘‘(B) shall require that such community18 based organization enter into a contract, for the

19 purpose of expanding opportunities under sec20 tion 301 and facilitating the administration of

21 the alternative financing mechanisms, with—

22 ‘‘(i) commercial lending institutions or

23 organizations; or

24 ‘‘(ii) State financing agencies; and
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1 ‘‘(4) a contract between a State that receives a

2 grant under section 301 and a community-based or3 ganization described in paragraph (3)—

4 ‘‘(A) shall include a provision regarding

5 the administration of the Federal and the non6 Federal shares in a manner consistent with the

7 provisions of this title; and

8 ‘‘(B) shall include any provision required

9 by the Secretary dealing with oversight and

10 evaluation as may be necessary to protect the

11 financial interests of the United States.

12 ‘‘SEC. 303. GRANT ADMINISTRATION REQUIREMENTS.

13 ‘‘A State that receives a grant under section 301, to14 gether with any community-based organization that enters

15 into a contract with the State to administer an alternative

16 financing mechanism that is supported under section 301,

17 shall develop and submit to the Secretary, pursuant to a

18 timeline that the Secretary may establish or, if the Sec19 retary does not establish a timeline, within the 12-month

20 period beginning on the date that the State receives the

21 grant, the following policies or procedures for administra22 tion of the mechanism:

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

24 timely fashion requests for financial assistance for

25 both immediate and potential technology needs, in-
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1 cluding consideration of methods to reduce paper2 work and duplication of effort, particularly relating

3 to need, eligibility, and determination of the specific

4 device or service to be provided.

5 ‘‘(2) A policy and procedure to assure that ac6 cess to the alternative financing mechanism shall be

7 given to consumers regardless of type of disability,

8 age, location of residence in the State, or type of

9 assistive technology device or assistive technology

10 service requested and shall be made available to ap11 plicants of all income levels.

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

13 oversight.

14 ‘‘SEC. 304. FINANCIAL REQUIREMENTS.

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

16 costs described in section 301(a) shall be not more than

17 50 percent.

18 ‘‘(b) REQUIREMENTS.—A State that desires to re19 ceive a grant under section 301 shall include in the appli20 cation submitted under section 302 assurances that the

21 State will meet the following requirements regarding funds

22 supporting an alternative funding mechanism assisted

23 under section 301:

24 ‘‘(1) The State shall make available the funds

25 necessary to provide the non-Federal share of the
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1 costs described in section 301(a), in cash, from

2 State, local, or private sources.

3 ‘‘(2) Funds that support an alternative financ4 ing mechanism assisted under section 301—

5 ‘‘(A) shall be used to supplement and not

6 supplant other Federal, State, and local public

7 funds expended to provide public funding op8 tions; and

9 ‘‘(B) may only be distributed through the

10 entity carrying out the alternative financing

11 mechanism as a payer of last resort for assist12 ance that is not available in a reasonable or

13 timely fashion from any other Federal, State, or

14 local source.

15 ‘‘(3) All funds that support an alternative fi16 nancing mechanism assisted under section 301, in17 cluding funds repaid during the life of the mecha18 nism, shall be placed in a permanent separate ac19 count and identified and accounted for separately

20 from any other fund. Funds within this account may

21 be invested in low-risk securities in which a regu22 lated insurance company may invest under the law

23 of the State for which the grant is provided and

24 shall be administered with the same judgment and

25 care that a person of prudence, discretion, and intel-
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1 ligence would exercise in the management of the fi2 nancial affairs of such person.

3 ‘‘(4) Funds comprised of the principal and in4 terest from an account described in paragraph (3)

5 shall be available to support an alternative financing

6 mechanism assisted under section 301. Any interest

7 or investment income that accrues on such funds

8 after such funds have been placed under the control

9 of the entity administering the mechanism, but be10 fore such funds are distributed for purposes of sup11 porting the mechanism, shall be the property of the

12 entity administering the mechanism and shall not be

13 taken into account by any officer or employee of the

14 Federal Government for any purpose.

15 ‘‘SEC. 305. AMOUNT OF GRANTS.

16 ‘‘(a) AMOUNT.—

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), a grant under section 301 shall be for an

19 amount that is not more than $500,000.

20 ‘‘(2) INCREASES.—Such a grant may be in21 creased by any additional funds made available

22 under subsection (b).

23 ‘‘(b) EXCESS FUNDS.—If funds appropriated under

24 section 308 for a fiscal year exceed the amount necessary

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

2 shall make such excess amount available, on a competitive

3 basis, to States receiving grants under section 301 for

4 such year. A State that desires to receive additional funds

5 under this subsection shall amend and resubmit to the

6 Secretary the application submitted under section 302.

7 Such amended application shall contain an assurance that

8 the State will provide an additional amount for the pur9 pose of supporting the alternative financing mechanisms

10 covered by the grant that is not less than the amount of

11 any additional funds paid to the State by the Secretary

12 under this subsection.

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

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

15 fund each of the activities described in the acceptable ap16 plications for such year, a State whose application was ap17 proved as acceptable for such year but that did not receive

18 a grant under section 301, may update such application

19 for the succeeding fiscal year. Priority shall be given in

20 such succeeding fiscal year to such updated applications,

21 if acceptable.

22 ‘‘SEC. 306. TECHNICAL ASSISTANCE.

23 ‘‘(a) IN GENERAL.—The Secretary shall provide in24 formation and technical assistance to States under this
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1 title, and the information and technical assistance shall

2 include—

3 ‘‘(1) assisting States in the preparation of ap4 plications for grants under section 301;

5 ‘‘(2) assisting States that receive such grants in

6 developing and implementing alternative financing

7 mechanisms; and

8 ‘‘(3) providing any other information and tech9 nical assistance to assist States in accomplishing the

10 objectives of this title.

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

12 Secretary shall provide the information and technical as13 sistance described in subsection (a) through grants, con14 tracts, or cooperative agreements with public or private

15 agencies and organizations, including institutions of high16 er education, with documented experience, expertise, and

17 capacity to assist States in the development and imple18 mentation of the alternative financing mechanisms de19 scribed in section 301.

20 ‘‘SEC. 307. ANNUAL REPORT.

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

22 each year, the Secretary shall submit a report to the Con23 gress stating whether each State program to provide alter24 native financing mechanisms that was supported under
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1 section 301 during the year is making significant progress

2 in achieving the objectives of this title.

3 ‘‘(b) CONTENTS.—The report shall include informa4 tion on—

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

6 under section 301 that were received by the Sec7 retary;

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

9 amounts of such grants;

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

11 by each State for a State program to provide alter12 native financing mechanisms to the amount of Fed13 eral funds provided for such program;

14 ‘‘(4) the type of program to provide alternative

15 financing mechanisms that was adopted in each

16 State and the community-based organization (or

17 consortia of such organizations) with which each

18 State has entered into a contract; and

19 ‘‘(5) the amount of assistance given to consum20 ers (who shall be classified by age, type of disability,

21 type of assistive technology device or assistive tech22 nology service received, geographic distribution with23 in the State, gender, and whether the consumers are

24 part of an underrepresented population or a rural

25 population).
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1 ‘‘SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) IN GENERAL.—There are authorized to be ap3 propriated to carry out this title $8,000,000 for fiscal year

4 1994, and such sums as may be necessary for each of the

5 fiscal years 1995 through 1998.

6 ‘‘(b) AVAILABILITY IN SUCCEEDING FISCAL YEAR.—

7 Amounts appropriated under subsection (a) shall remain

8 available for obligation for the fiscal year immediately fol9 lowing the fiscal year for which such amounts were appro10 priated.

11 ‘‘(c) RESERVATION.—Of the amounts appropriated

12 under subsection (a), the Secretary shall reserve $250,000

13 for the purpose of providing information and technical as14 sistance to States under section 306.’’.

15 TITLE IV—AMENDMENTS TO

16 OTHER ACTS

17 SEC. 401. INDIVIDUALS WITH DISABILITIES EDUCATION

18 ACT.

19 Section 631(a)(1) of the Individuals with Disabilities

20 Education Act (20 U.S.C. 1431(a)(1)) is amended—

21 (1) by striking ‘‘, and’’ at the end of subpara22 graph (D) and inserting a comma;

23 (2) by striking the period at the end of sub24 paragraph (E) and inserting ‘‘, and’’; and

25 (3) by adding at the end the following:
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1 ‘‘(F) training in the use, applications, and bene2 fits of assistive technology devices and assistive tech3 nology services (as defined in paragraphs (2) and

4 (3) of section 3 of the Technology-Related Assist5 ance for Individuals With Disabilities Act of 1988

6 (29 U.S.C. 2202 (2) and (3))).’’.

7 SEC. 402. RATHABILITATION ACT OF 1973.

8 (a) NATIONAL INSTITUTE ON DISABILITY AND RE9 HABILITATION RESEARCH.—Section 202(b)(8) of the Re10 habilitation Act of 1973 (29 U.S.C. 761a(b)(8)) is amend11 ed by striking ‘‘characteristics of individuals with disabil12 ities’’ and inserting ‘‘characteristics of individuals with

13 disabilities, including information on individuals with dis14 abilities who live in rural or inner-city settings, with par15 ticular attention given to underserved populations,’’.

16 (b) TRAINING.—Section 302(b)(1)(B) of the Reha17 bilitation Act of 1973 (29 U.S.C. 771a(b)(1)(B)), as

18 added by section 302(b) of Public Law 102–569 (106

19 Stat. 4412), is amended—

20 (1) by striking ‘‘; and’’ at the end of clause (ii)

21 and inserting a semicolon;

22 (2) by striking the period at the end of clause

23 (iii) and inserting ‘‘; and’’; and

24 (3) by adding at the end the following:
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1 ‘‘(iv) projects to train personnel in the use,

2 applications, and benefits of assistive technology

3 devices and assistive technology services (as de4 fined in paragraphs (2) and (3) of section 3 of

5 the Technology-Related Assistance for Individ6 uals With Disabilities Act of 1988 (29 U.S.C.

7 2202 (2) and (3))).’’.

8 SEC. 403. ADMINISTRATIVE REQUIREMENTS UNDER THE

9 HEAD START ACT.

10 Section 644(f) of the Head Start Act (42 U.S.C.

11 9839(f)) is amended—

12 (1) in paragraph (1)—

13 (A) by inserting ‘‘, or to request approval

14 of the purchase (after December 31, 1986) of

15 facilities,’’ after ‘‘to purchase facilities’’; and

16 (B) by adding at the end the following:

17 ‘‘The Secretary shall suspend any proceedings

18 pending against any Head Start agency to

19 claim costs incurred in purchasing such facili20 ties until the agency has been afforded an op21 portunity to apply for approval of the purchase

22 and the Secretary has determined whether the

23 purchase will be approved. The Secretary shall

24 not be required to repay claims previously satis-
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1 fied by Head Start agencies for costs incurred

2 in the purchase of such facilities.’’; and

3 (2) in paragraph (2)—

4 (A) in subparagraph (A), by inserting ‘‘or

5 that was previously purchased’’ before the semi6 colon;

7 (B) in subparagraph (C)—

8 (i) by inserting ‘‘, or the previous pur9 chase has resulted,’’ after ‘‘purchase will

10 result’’ in clause (i); and

11 (ii) in clause (ii)—

12 (I) by inserting ‘‘, or would have

13 prevented,’’ after ‘‘will prevent’’; and

14 (II) by striking ‘‘and’’ at the end;

15 (C) by redesignating subparagraph (D) as

16 subparagraph (E); and

17 (D) by inserting after subparagraph (C)

18 the following:

19 ‘‘(D) in the case of a request regarding a pre20 viously purchased facility, information demonstrat21 ing that the facility will be used principally as a

22 Head Start center, or a direct support facility for a

23 Head Start program; and’’.
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1 SEC. 404. TECHNICAL AND CONFORMING AMENDMENTS.

2 (a) ASSISTIVE TECHNOLOGY DEVICE.—Section 7(23)

3 of the Rehabilitation Act of 1973 (29 U.S.C. 706(23)),

4 as added by section 102(n) of Public Law 102–569 (106

5 Stat. 4350), is amended—

6 (1) by striking ‘‘3(1)’’ and inserting ‘‘3(2)’’;

7 and

8 (2) by striking ‘‘2202(1)’’ and inserting

9 ‘‘2202(2)’’.

10 (b) ASSISTIVE TECHNOLOGY SERVICE.—Section

11 7(24) of the Rehabilitation Act of 1973 (29 U.S.C.

12 706(24)), as added by section 102(n) of Public Law 102–

13 569 (106 Stat. 4350), is amended—

14 (1) by striking ‘‘3(2)’’ and inserting ‘‘3(3)’’;

15 and

16 (2) by striking ‘‘2202(2)’’ and inserting

17 ‘‘2202(3)’’.

18 TITLE V—EFFECTIVE DATE

19 SEC. 501. EFFECTIVE DATE.

20 (a) IN GENERAL.—Except as otherwise specifically

21 provided in this Act, this Act and the amendments made

22 by this Act shall take effect on the date of the enactment

23 of this Act.

24 (b) COMPLIANCE.—Each State receiving a grant

25 under the Technology-Related Assistance for Individuals
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1 With Disabilities Act of 1988 shall comply with the

2 amendments made by this Act—

3 (1) as soon as practicable after the date of the

4 enactment of this Act, consistent with the effective

5 and efficient administration of the Technology-Relat6 ed Assistance for Individuals With Disabilities Act

7 of 1988; but

8 (2) not later than—

9 (A) the next date on which the State re10 ceives an award through a grant under section

11 102 or 103 of such Act; or

12 (B) October 1, 1994,

13 whichever is sooner.

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