I

103D CONGRESS

1ST SESSION S. 1283

IN THE HOUSE OF REPRESENTATIVES

AUGUST 6, 1993

Referred to the Committee on Education and Labor

AN ACT

To amend the Technology-Related Assistance for Individuals

With Disabilities Act of 1988 to improve the Act, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Technology-Related

5 Assistance Act Amendments of 1993’’.
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1 SEC. 2. REFERENCES.

2 Except as otherwise specifically provided, whenever in

3 this Act an amendment or repeal is expressed in terms

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

5 provision, the reference shall be considered to be made to

6 a section or other provision of the Technology-Related As7 sistance for Individuals With Disabilities Act of 1988 (29

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

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

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

11 is amended by striking the heading and inserting the fol12 lowing:

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

14 (b) FINDINGS.—Section 2(a) is amended—

15 (1) in paragraph (3)(C), by striking ‘‘non16 disabled individuals’’ and inserting ‘‘individuals who

17 do not have disabilities’’;

18 (2) by redesignating paragraphs (4) through

19 (8) as paragraphs (5) through (9), respectively;

20 (3) by inserting after paragraph (3) the follow21 ing new paragraph:

22 ‘‘(4) The goals of the Nation properly include

23 providing individuals with disabilities with the tools,

24 including assistive technology devices and assistive

25 technology services, necessary to—
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1 ‘‘(A) make informed choices and decisions;

2 and

3 ‘‘(B) achieve equality of opportunity, full

4 inclusion and integration in society, employ5 ment, independent living, and economic and so6 cial self-sufficiency, for such individuals.’’;

7 (4) in paragraph (6) (as redesignated in para8 graph (2) of this subsection)—

9 (A) by striking ‘‘assistive technology de10 vices and services’’ and inserting ‘‘assistive

11 technology devices and assistive technology

12 services’’; and

13 (B) by striking ‘‘families’’ and inserting

14 ‘‘the parents, family members, guardians, advo15 cates, and authorized representatives’’;

16 (5) in subparagraph (C) of paragraph (7) (as

17 redesignated in paragraph (2) of this subsection), to

18 read as follows:

19 ‘‘(C) information about the potential of

20 technology available to individuals with disabil21 ities, the parents, family members, guardians,

22 advocates, and authorized representatives of the

23 individuals, individuals who work for public

24 agencies, or for private entities (including insur25 ers), that have contact with individuals with
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1 disabilities, educators and related services per2 sonnel, employers, and other appropriate indi3 viduals;’’;

4 (6) in paragraph (8) (as redesignated in para5 graph (2) of this subsection) by striking ‘‘limited

6 markets’’ and inserting ‘‘a perception that such indi7 viduals constitute a limited market’’; and

8 (7) in the second sentence of paragraph (9) (as

9 redesignated in paragraph (2) of this subsection), by

10 striking ‘‘to individuals with disabilities’’ and all

11 that follows and inserting the following: ‘‘to individ12 uals with disabilities, the parents, family members,

13 guardians, advocates, and authorized representatives

14 of the individuals, individuals who work for public

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

16 that have contact with individuals with disabilities,

17 educators and related services personnel, employers,

18 and other appropriate individuals.’’.

19 (c) PURPOSES.—Section 2(b) is amended by striking

20 paragraph (1) and inserting the following:

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

22 States to support systemic change and advocacy ac23 tivities designed to assist each State in developing

24 and implementing a consumer-responsive com25 prehensive statewide program of technology-related
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1 assistance, for individuals of all ages who are indi2 viduals with disabilities, that is designed to—

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

4 for, access to, and provision of assistive tech5 nology devices and assistive technology services

6 for individuals with disabilities;

7 ‘‘(B) increase the active involvement of in8 dividuals with disabilities, and the parents, fam9 ily members, guardians, advocates, and author10 ized representatives of individuals with disabil11 ities in the planning, development, implementa12 tion and evaluation of such a program;

13 ‘‘(C) increase the involvement of individ14 uals with disabilities, and, if appropriate, the

15 parents, family members, guardians, advocates,

16 or authorized representatives of individuals with

17 disabilities, in decisions related to the provision

18 of assistive technology devices and assistive

19 technology services;

20 ‘‘(D) increase and promote interagency co21 ordination among State agencies, and between

22 State agencies and private entities, that are in23 volved in carrying out activities under section

24 101, particularly providing assistive technology

25 devices and assistive technology services, that
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1 accomplish a purpose described in another sub2 paragraph of this paragraph;

3 ‘‘(E)(i) increase the awareness of laws,

4 regulations, policies, practices, procedures, and

5 organizational structures, that facilitate the

6 availability or provision of assistive technology

7 devices and assistive technology services; and

8 ‘‘(ii) facilitate the change of laws, regula9 tions, policies, practices, procedures, and orga10 nizational structures, that impede the availabil11 ity or provision of assistive technology devices

12 or assistive technology services;

13 ‘‘(F) increase the probability that individ14 uals of all ages who are individuals with disabil15 ities will, to the extent appropriate, be able to

16 secure and maintain possession of assistive

17 technology devices as such individuals make the

18 transition between services offered by human

19 service agencies or between settings of daily

20 living;

21 ‘‘(G) enhance the skills and competencies

22 of individuals involved in providing assistive

23 technology devices and assistive technology

24 services;
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1 ‘‘(H) increase awareness and knowledge of

2 the efficacy of assistive technology devices, and

3 assistive technology services, among—

4 ‘‘(i) individuals with disabilities;

5 ‘‘(ii) the parents, family members,

6 guardians, advocates, or authorized rep7 resentatives of individuals with disabilities;

8 ‘‘(iii) individuals who work for public

9 agencies, or for private entities (including

10 insurers), that have contact with individ11 uals with disabilities;

12 ‘‘(iv) educators and related services

13 personnel;

14 ‘‘(v) employers; and

15 ‘‘(vi) other appropriate individuals

16 and entities;

17 ‘‘(I) increase the capacity of public entities

18 and private entities to provide and pay for

19 assistive technology devices and assistive tech20 nology services, on a statewide basis for individ21 uals of all ages who are individuals with disabil22 ities; and

23 ‘‘(J) increase the awareness of the needs of

24 individuals with disabilities for assistive tech-
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1 nology devices and for assistive technology serv2 ices.’’.

3 (d) POLICY.—At the end of section 2, add the follow4 ing new subsection:

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

6 that all programs, projects, and activities receiving assist7 ance under this Act shall be carried out in a manner con8 sistent with the principles of—

9 ‘‘(1) respect for individual dignity, personal re10 sponsibility, self-determination, and pursuit of mean11 ingful careers, based on informed choice, of individ12 uals with disabilities;

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

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

15 the individuals;

16 ‘‘(3) inclusion, integration, and full participa17 tion of the individuals;

18 ‘‘(4) support for the involvement of a parent, a

19 family member, a guardian, an advocate, or an au20 thorized representative if an individual with a dis21 ability requests, desires, or needs such support; and

22 ‘‘(5) support for individual and systemic advo23 cacy and community involvement.’’.

24 SEC. 4. DEFINITIONS.

25 Section 3 (29 U.S.C. 2202) is amended—
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1 (1) in paragraph (2)(E), by striking ‘‘for an in2 dividual’’ and all that follows and inserting the fol3 lowing ‘‘for an individual with a disability, or, where

4 appropriate, the parent, family member, guardian,

5 advocate, or authorized representative of an individ6 ual with a disability; and’’;

7 (2) by redesignating paragraphs (3) through

8 (8) as paragraphs (6), (7), (9), (10), (12), and (13),

9 respectively;

10 (3) by inserting after paragraph (2) the follow11 ing new paragraphs:

12 ‘‘(3) CONSUMER-RESPONSIVE COMPREHENSIVE

13 STATEWIDE PROGRAM OF TECHNOLOGY-RELATED

14 ASSISTANCE.—The term ‘consumer-responsive com15 prehensive statewide program of technology-related

16 assistance’ means a statewide program of tech17 nology-related assistance developed and implemented

18 by a State under title I that—

19 ‘‘(A) is consumer-responsive; and

20 ‘‘(B)(i) addresses the needs of all individ21 uals with disabilities, including underserved

22 groups, who can benefit from the use of

23 assistive technology devices and assistive tech24 nology services;
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1 ‘‘(ii) addresses such needs without regard

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

3 gender of such individuals, or the particular

4 major life activity for which such individuals

5 need the assistance; and

6 ‘‘(iii) addresses such needs without requir7 ing that the assistance be provided through any

8 particular agency or service delivery system.

9 ‘‘(4) CONSUMER-RESPONSIVE.—The term

10 ‘consumer-responsive’ means, with respect to an en11 tity or program, that the entity or program—

12 ‘‘(A) is easily accessible to and usable by

13 individuals with disabilities and, when appro14 priate, the parents, family members, guardians,

15 advocates, or authorized representatives of such

16 individuals;

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

18 with disabilities in a timely and appropriate

19 manner; and

20 ‘‘(C) facilitates the full and meaningful

21 participation of individuals with disabilities in—

22 ‘‘(i) decisions relating to the provision

23 of assistive technology devices and assistive

24 technology services to such individuals; and
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1 ‘‘(ii) the planning, development, im2 plementation, and evaluation of the

3 consumer-responsive comprehensive state4 wide program of technology-related assist5 ance for individuals with disabilities.

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

7 a condition considered to be a disability or handicap

8 for the purposes of any Federal law other than this

9 Act or for the purposes of the law of the State in10 volved.’’;

11 (4) in paragraph (6) (as redesignated by para12 graph (2) of this subsection), to read as follows:

13 ‘‘(6) INDIVIDUAL WITH A DISABILITY; INDIVID14 UALS WITH DISABILITIES.—

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

16 The term ‘individual with a disability’ means

17 any individual—

18 ‘‘(i) who is considered to have a dis19 ability for the purposes of any Federal law

20 other than this Act or for the purposes of

21 the law of the State in which the individual

22 resides; and

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

24 assistive technology devices or assistive

25 technology services to maintain a level of
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1 functioning or to achieve a greater level of

2 functioning in any major life activity.

3 ‘‘(B) INDIVIDUALS WITH DISABILITIES.—

4 The term ‘individuals with disabilities’ means

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

6 (5) in paragraph (7) (as redesignated by para7 graph (2) of this subsection) by striking ‘‘section

8 435(b)’’ and inserting ‘‘section 481’’;

9 (6) by inserting after such paragraph (7) the

10 following new paragraph:

11 ‘‘(8) PROTECTION AND ADVOCACY SERVICES.—

12 The term ‘protection and advocacy services’ means

13 services that—

14 ‘‘(A) are described in part C of the Devel15 opmental Disabilities Assistance and Bill of

16 Rights Act (42 U.S.C. 6041 et seq.), the Pro17 tection and Advocacy for Mentally Ill Individ18 uals Act (42 U.S.C. 10801 et seq.), or section

19 509 of the Rehabilitation Act of 1973 (29

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

21 ‘‘(B) assist individuals with disabilities, or

22 the parents, family members, guardians, advo23 cates, or authorized representatives of the indi24 viduals, with respect to assistive technology de25 vices and assistive technology services.’’;
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1 (7) in paragraph (10) (as redesignated by para2 graph (2) of this subsection)—

3 (A) by striking ‘‘several States’’ and in4 serting ‘‘several States of the United States’’;

5 (B) by striking ‘‘Virgin Islands’’ and in6 serting ‘‘United States Virgin Islands’’; and

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

8 Pacific Islands’’ and inserting ‘‘the Republic of

9 Palau (until the Compact of Free Association

10 with Palau takes effect)’’;

11 (8) by inserting after such paragraph (10) the

12 following new paragraph:

13 ‘‘(11) SYSTEMIC CHANGE.—The term ‘systemic

14 change’ means efforts that result in public or private

15 agencies and organizations having greater capacity

16 or enhanced ability to be consumer-responsive and

17 provide funding for or access to assistive technology

18 devices and assistive technology services, or other19 wise increase the availability of such technology, to

20 benefit individuals with disabilities, or the parents,

21 family members, guardians, advocates, or authorized

22 representatives of such individuals on a permanent

23 basis.’’; and

24 (9) in paragraph (12) (as redesignated by para25 graph (2) of this subsection)—
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1 (A) by striking ‘‘functions performed and’’;

2 and

3 (B) by inserting ‘‘any of subparagraphs

4 (A) through (J) of’’ before ‘‘section 2(b)(1)’’.

5 TITLE I—GRANTS TO STATES

6 SEC. 101. PROGRAM AUTHORIZED.

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

8 2211(a)) is amended—

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

10 the following: ‘‘to support systemic change and advo11 cacy activities designed’’; and

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

13 inserting ‘‘in developing and implementing’’.

14 (b) ACTIVITIES.—Section 101 is amended by striking

15 subsections (b) and (c) and inserting the following:

16 ‘‘(b) ACTIVITIES.—

17 ‘‘(1) USE OF FUNDS.—

18 ‘‘(A) IN GENERAL.—Any State that re19 ceives a grant under section 102 or 103 shall

20 use the funds made available through the grant

21 to accomplish the purposes described in section

22 2(b)(1) by carrying out any of the systemic

23 change and advocacy activities described in

24 paragraphs (2) through (12) in a manner that

25 is consumer-responsive.
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1 ‘‘(B) PARTICULAR ACTIVITIES.—In carry2 ing out such systemic change and advocacy ac3 tivities, the State shall particularly carry out

4 activities regarding—

5 ‘‘(i) the development, implementation,

6 and monitoring of State, regional, and

7 local laws, regulations, policies, practices,

8 procedures, and organizational structures,

9 that will improve access to and funding for

10 assistive technology devices and assistive

11 technology services;

12 ‘‘(ii) the development and implementa13 tion of strategies to overcome barriers to

14 funding of such devices and services, with

15 particular emphasis on addressing the

16 needs of underserved groups; and

17 ‘‘(iii) the development and implemen18 tation of strategies to enhance the ability

19 of individuals with disabilities, and the

20 parents, family members, guardians, advo21 cates, and authorized representatives of

22 such individuals, to successfully advocate

23 for access to and funding for assistive

24 technology devices and assistive technology

25 services.
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1 ‘‘(2) ACCESS TO AND FUNDING FOR ASSISTIVE

2 TECHNOLOGY.—The State may support activities to

3 increase access to and funding for assistive tech4 nology, including—

5 ‘‘(A) the identification of barriers to fund6 ing of assistive technology devices and assistive

7 technology services for individuals of all ages

8 who are individuals with disabilities, with prior9 ity for identification of barriers to funding

10 through State special education services, voca11 tional rehabilitation services, and medical as12 sistance services or, as appropriate, other health

13 and human services; and

14 ‘‘(B) the development, and evaluation of

15 the efficacy, of model delivery systems that pro16 vide assistive technology devices and assistive

17 technology services to individuals with disabil18 ities, that pay for such devices and services, and

19 that, if successful, could be replicated or gen20 erally applied, such as—

21 ‘‘(i) the development of systems for

22 the purchase, lease, other acquisition, or

23 payment for the provision, of assistive

24 technology devices and assistive technology

25 services; and
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1 ‘‘(ii) the establishment of alternative

2 State or privately financed systems of sub3 sidies for the provision of assistive tech4 nology devices and assistive technology

5 services, such as—

6 ‘‘(I) a loan system for assistive

7 technology devices (including assistive

8 technology demonstration and recy9 cling centers);

10 ‘‘(II) an income-contingent loan

11 fund;

12 ‘‘(III) a low-interest loan fund;

13 ‘‘(IV) a revolving loan fund;

14 ‘‘(V) a loan insurance program;

15 and

16 ‘‘(VI) a partnership with private

17 entities for the purchase, lease, or

18 other acquisition of assistive tech19 nology devices and the provision of

20 assistive technology services.

21 ‘‘(3) REPRESENTATION.—The State may sup22 port individual case management or representation

23 of individuals with disabilities to secure their rights

24 to assistive technology devices and assistive tech25 nology services.
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1 ‘‘(4) 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, for in7 dividuals with disabilities, including entering

8 into interagency agreements;

9 ‘‘(B) to support the establishment or con10 tinuation of partnerships and cooperative initia11 tives among public sector agencies and between

12 the public sector and the private sector to facili13 tate the development and implementation of a

14 consumer-responsive comprehensive statewide

15 program of technology-related assistance for in16 dividuals with disabilities;

17 ‘‘(C) to convene interagency work groups

18 to enhance public funding options and coordi19 nate access to funding for assistive technology

20 devices and assistive technology services for in21 dividuals of all ages who are individuals with

22 disabilities, with special attention to the issues

23 of transition, home use, and individual involve24 ment in the identification, planning, use, deliv-
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1 ery, and evaluation of such devices and services;

2 or

3 ‘‘(D) to document and disseminate infor4 mation about interagency activities that pro5 mote coordination with respect to assistive tech6 nology services and assistive technology devices,

7 including evidence of increased participation of

8 State and local special education, vocational re9 habilitation, and State medical assistance agen10 cies and departments.

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

12 State may conduct a statewide needs assessment,

13 which may be based on data in existence on the date

14 on which the assessment is initiated and may in15 clude—

16 ‘‘(A) estimates of the numbers of individ17 uals with disabilities within the State, cat18 egorized by residence, type and extent of dis19 abilities, age, race, gender, and ethnicity;

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

21 out under a development grant, a description of

22 efforts, during the fiscal year preceding the

23 first fiscal year for which the State received

24 such a grant, to provide assistive technology de25 vices and assistive technology services to indi-
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1 viduals with disabilities within the State, includ2 ing—

3 ‘‘(i) the number of individuals with

4 disabilities who received appropriate

5 assistive technology devices and assistive

6 technology services; and

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

8 services provided; 

9 ‘‘(C) information on the number of individ10 uals with disabilities who are in need of

11 assistive technology devices and assistive tech12 nology services, and a description of the devices

13 and services needed;

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

15 assistive technology devices and assistive tech16 nology services to all individuals with disabil17 ities within the State who need such devices

18 and services;

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

20 resources and private resources (including in21 surance) that are available to establish a

22 consumer-responsive comprehensive statewide

23 program of technology-related assistance for in24 dividuals with disabilities;
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1 ‘‘(F) information identifying Federal and

2 State laws, regulations, policies, practices, pro3 cedures, and organizational structures, that fa4 cilitate or interfere with the operation of a

5 consumer-responsive comprehensive statewide

6 program of technology-related assistance;

7 ‘‘(G) a description of the procurement poli8 cies of the State and the extent to which such

9 policies will ensure, to the extent practicable,

10 that assistive technology devices purchased,

11 leased, or otherwise acquired with assistance

12 made available through a grant made under

13 section 102 or 103 are compatible with other

14 technology devices, including technology devices

15 designed primarily for use by—

16 ‘‘(i) individuals who are not individ17 uals with disabilities;

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

19 ‘‘(iii) individuals with particular dis20 abilities; and

21 ‘‘(H) information resulting from an inquiry

22 about whether a State agency or a task force

23 (composed of individuals representing the State

24 and individuals representing the private sector)

25 should study the practices of private insurance
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1 companies holding licenses within the State that

2 offer health or disability insurance policies

3 under which an individual may obtain reim4 bursement for—

5 ‘‘(i) the purchase, lease, or other ac6 quisition of assistive technology devices; or

7 ‘‘(ii) the use of assistive technology

8 services.

9 ‘‘(6) OUTREACH.—The State may provide as10 sistance to statewide and community-based organiza11 tions, or systems, that provide assistive technology

12 devices and assistive technology services to individ13 uals with disabilities. Such assistance may include

14 outreach to consumer organizations and groups in

15 the State to coordinate the activities of the organiza16 tions and groups with consumer-driven efforts (in17 cluding self-help, support groups, and peer

18 mentoring) to assist individuals with disabilities, or

19 the parents, family members, guardians, advocates,

20 or authorized representatives of the individuals, to

21 obtain funding for and access to assistive technology

22 devices and assistive technology services.

23 ‘‘(7) PUBLIC AWARENESS PROGRAM.—

24 ‘‘(A) IN GENERAL.—The State may—
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1 ‘‘(i) support a public awareness pro2 gram designed to provide information re3 lating to the availability and efficacy of

4 assistive technology devices and assistive

5 technology services for—

6 ‘‘(I) individuals with disabilities;

7 ‘‘(II) the parents, family mem8 bers, guardians, advocates, or author9 ized representatives of such individ10 uals;

11 ‘‘(III) individuals who work for

12 public agencies, or for private entities

13 (including insurers), that have contact

14 with individuals with disabilities;

15 ‘‘(IV) educators and related serv16 ices personnel;

17 ‘‘(V) employers; and

18 ‘‘(VI) other appropriate individ19 uals and entities; or

20 ‘‘(ii) establish and support such a pro21 gram if no such program exists.

22 ‘‘(B) CONTENTS.—Such a program may

23 include—

24 ‘‘(i) the development and dissemina25 tion of information relating to—
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1 ‘‘(I) the nature of assistive tech2 nology devices and assistive tech3 nology services;

4 ‘‘(II) the appropriateness, cost,

5 and availability of, and access to

6 assistive technology devices and

7 assistive technology services; and

8 ‘‘(III) the efficacy of assistive

9 technology devices and assistive tech10 nology services with respect to en11 hancing the capacity of individuals

12 with disabilities;

13 ‘‘(ii) the development of procedures

14 for providing direct communication among

15 public providers of assistive technology de16 vices and assistive technology services and

17 between public providers and private pro18 viders of such devices and services (includ19 ing employers); and

20 ‘‘(iii) the development and dissemina21 tion of information relating to—

22 ‘‘(I) use of the program by indi23 viduals with disabilities, the parents,

24 family members, guardians, advocates,

25 or authorized representatives of such
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1 individuals, professionals who work in

2 a field related to an activity described

3 in this section, and other appropriate

4 individuals; and

5 ‘‘(II) the nature of the inquiries

6 made by the persons described in

7 subclause (I).

8 ‘‘(8) TRAINING AND TECHNICAL ASSISTANCE.—

9 The State may carry out directly, or may provide

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

11 training and technical assistance activities—

12 ‘‘(A) that—

13 ‘‘(i) are provided for individuals with

14 disabilities, the parents, family members,

15 guardians, advocates, and authorized rep16 resentatives of the individuals, and other

17 appropriate individuals; and

18 ‘‘(ii) may include—

19 ‘‘(I) training in the use of

20 assistive technology devices and

21 assistive technology services;

22 ‘‘(II) the development of written

23 materials, training, and technical as24 sistance describing the means by

25 which agencies consider the needs of
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1 an individual with a disability for

2 assistive technology devices and

3 assistive technology services in devel4 oping, for the individual, any individ5 ualized education program described

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

7 with Disabilities Education Act (20

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

9 written rehabilitation program de10 scribed in section 102 of the Rehabili11 tation Act of 1973 (29 U.S.C. 722),

12 any individualized family service plan

13 described in section 677 of the Indi14 viduals with Disabilities Education

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

16 individualized plans or programs;

17 ‘‘(III) training regarding the

18 rights of the persons described in

19 clause (i) to assistive technology de20 vices and assistive technology services

21 under public laws and regulations in

22 existence at the time of the training,

23 to promote fuller independence, pro24 ductivity, and inclusion in and inte-
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1 gration into society of such persons;

2 and

3 ‘‘(IV) training to increase

4 consumer participation in the identi5 fication, planning, use, delivery, and

6 evaluation of assistive technology de7 vices and assistive technology services;

8 and

9 ‘‘(B) that—

10 ‘‘(i) enhance the assistive technology

11 skills and competencies of—

12 ‘‘(I) individuals who work for

13 public agencies, or for private entities

14 (including insurers), that have contact

15 with individuals with disabilities;

16 ‘‘(II) educators and related serv17 ices personnel;

18 ‘‘(III) employers; and

19 ‘‘(IV) other appropriate person20 nel; and

21 ‘‘(ii) include—

22 ‘‘(I) developing and implementing

23 strategies for including such training

24 within State training initiatives; and
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1 ‘‘(II) taking actions to facilitate

2 the development of standards, or,

3 when appropriate, the application of

4 such standards, to ensure the avail5 ability of qualified personnel.

6 ‘‘(9) PROGRAM DATA.—The State may support

7 the compilation and evaluation of appropriate data

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

9 ‘‘(10) ACCESS TO TECHNOLOGY-RELATED IN10 FORMATION.—

11 ‘‘(A) IN GENERAL.—The State may de12 velop, operate, or expand a system for public

13 access to information concerning an activity

14 carried out under another paragraph of this

15 subsection, including information about

16 assistive technology devices and assistive tech17 nology services, funding sources and costs of

18 such assistance, and individuals, organizations,

19 and agencies capable of carrying out such an

20 activity for individuals with disabilities.

21 ‘‘(B) SYSTEM.—In developing, operating,

22 or expanding a system described in subpara23 graph (A), the State may—

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

25 print, braille, audio, and video materials,
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1 and materials in electronic formats, con2 taining the information described in sub3 paragraph (A);

4 ‘‘(ii) identify and classify existing

5 funding sources, and the conditions of and

6 criteria for access to such sources, includ7 ing any funding mechanisms or strategies

8 developed by the State;

9 ‘‘(iii) identify existing support groups

10 and systems designed to help individuals

11 with disabilities make effective use of an

12 activity carried out under another para13 graph of this subsection; and

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

15 to which citizens of the State use or make

16 inquiries of the system established in sub17 paragraph (A), and of the nature of such

18 inquiries.

19 ‘‘(11) INTERSTATE AGREEMENTS.—The State

20 may enter into cooperative agreements with other

21 States to expand the capacity of the States involved

22 to assist individuals of all ages who are individuals

23 with disabilities to learn about, acquire, use, main24 tain, adapt, and upgrade assistive technology devices

25 and assistive technology services that such individ-
30

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1 uals need at home, at school, at work, or in other

2 environments that are part of daily living.

3 ‘‘(12) OTHER ACTIVITIES.—The State may uti4 lize amounts made available through grants made

5 under section 102 or 103 for any systemic change

6 and advocacy activities, other than the activities de7 scribed in another paragraph of this subsection, that

8 are necessary for developing, implementing, or evalu9 ating the consumer-responsive comprehensive state10 wide program of technology-related assistance.’’.

11 (c) CONFORMING AMENDMENT.—Section 231(b)(1)

12 is amended by striking ‘‘section 101(c)(1)’’ and inserting

13 ‘‘section 101(b)(2)(B)’’.

14 SEC. 102. DEVELOPMENT GRANTS.

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

16 (1) in subsection (a)—

17 (A) by striking ‘‘3-year grants’’ and insert18 ing ‘‘3-year grants to support systemic change

19 and advocacy activities described in section

20 101(b)’’; and

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

22 statewide programs’’ and inserting ‘‘in develop23 ing and implementing consumer-responsive

24 comprehensive statewide programs’’;

25 (2) by striking subsection (b);
31

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

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

3 (4) in subsection (b) (as redesignated in para4 graph (3) of this section)—

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

6 ‘‘statewide program’’ and inserting ‘‘consumer7 responsive comprehensive statewide program’’;

8 and

9 (B) in paragraph (5)—

10 (i) in subparagraph (A)—

11 (I) by striking ‘‘(A)’’ and insert12 ing ‘‘(A) STATE.—’’;

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

14 before ‘‘Virgin Islands’’; and

15 (III) by striking ‘‘Trust Territory

16 of the Pacific Islands’’ and inserting

17 ‘‘Republic of Palau’’; and

18 (ii) in subparagraph (B)—

19 (I) by striking ‘‘(B)’’ and insert20 ing ‘‘(B) TERRITORY.—’’;

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

22 before ‘‘Virgin Islands’’; and

23 (III) by striking ‘‘Trust Territory

24 of the Pacific Islands’’ and inserting

25 ‘‘Republic of Palau (until the Com-
32

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1 pact of Free Association takes ef2 fect)’’;

3 (5) in paragraph (2) of subsection (c) (as redes4 ignated in paragraph (3) of this section) by striking

5 ‘‘statewide programs’’ and inserting ‘‘consumer-re6 sponsive comprehensive statewide programs’’;

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

8 following:

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

10 ‘‘(1) DESIGNATION.—In each State that desires

11 to receive a grant under this section, the Governor

12 shall designate a lead agency responsible for—

13 ‘‘(A) submitting the application described

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

15 ‘‘(B) administering and supervising the use

16 of amounts made available under the grant;

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

18 supervising the preparation of the application;

19 ‘‘(ii) coordinating the planning, develop20 ment, and implementation of the consumer-re21 sponsive comprehensive statewide program of

22 technology-related assistance among public

23 agencies and between public agencies and pri24 vate agencies, including coordinating efforts re-
33

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1 lated to entering into interagency agreements;

2 and

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

4 supervising, the active, timely, and meaningful

5 participation by individuals with disabilities, the

6 parents, family members, guardians, advocates,

7 or authorized representatives of such individ8 uals, and other appropriate individuals, with re9 spect to activities carried out under the grant;

10 and

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

12 any responsibilities described in subparagraph

13 (A), (B), or (C) to one or more appropriate of14 fices, agencies, entities, or individuals.

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

16 agency, the Governor—

17 ‘‘(A) may designate—

18 ‘‘(i) a commission appointed by the

19 Governor;

20 ‘‘(ii) a public-private partnership or

21 consortium;

22 ‘‘(iii) a university-affiliated program;

23 ‘‘(iv) a public agency;

24 ‘‘(v) a council established under Fed25 eral or State law; or
34

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1 ‘‘(vi) another appropriate office, agen2 cy, entity, or individual; and

3 ‘‘(B) shall designate an entity that pro4 vides evidence of ability to—

5 ‘‘(i) respond to needs of individuals

6 with disabilities who represent a variety of

7 ages and types of disabilities;

8 ‘‘(ii) respond statewide to the assistive

9 technology needs of individuals with dis10 abilities;

11 ‘‘(iii) promote and accomplish sys12 temic change;

13 ‘‘(iv) promote and accomplish the es14 tablishment of public-private partnerships;

15 ‘‘(v) exercise leadership in identifying

16 and responding to the technology needs of

17 individuals with disabilities and the par18 ents, family members, guardians, advo19 cates, and authorized representatives of

20 such individuals;

21 ‘‘(vi) document consumer confidence

22 in, and responsiveness to, the consumer-re23 sponsive comprehensive statewide program

24 of technology-related assistance; and
35

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1 ‘‘(vii) exercise leadership in imple2 menting effective strategies for capacity

3 building and training for appropriate enti4 ties, and enhancement of interagency co5 ordination of activities related to funding

6 for assistive technology devices and

7 assistive technology services.’’;

8 (7) in subsection (e)—

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

10 (3) and inserting the following:

11 ‘‘(1) DESIGNATION OF THE LEAD AGENCY.—In12 formation identifying the lead agency designated by

13 the Governor under subsection (d).

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

15 the nature and extent of involvement of various

16 State agencies, including the State insurance depart17 ment, in the preparation of the application and the

18 continuing role of each such agency in the develop19 ment, implementation, and evaluation of the

20 consumer-responsive comprehensive statewide pro21 gram of technology-related assistance, including a

22 description of the process used by each agency for

23 providing access to and funding for assistive tech24 nology devices and assistive technology services.

25 ‘‘(3) INVOLVEMENT.—
36

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1 ‘‘(A) CONSUMER INVOLVEMENT.—A de2 scription of procedures that—

3 ‘‘(i) provide for—

4 ‘‘(I) the active involvement of in5 dividuals with disabilities, the parents,

6 family members, guardians, advocates,

7 and authorized representatives of the

8 individuals, and other appropriate in9 dividuals, in the development, imple10 mentation, and evaluation of the pro11 gram; and

12 ‘‘(II) the active involvement, to

13 the maximum extent appropriate, of

14 individuals with disabilities who use

15 assistive technology devices and

16 assistive technology services, in deci17 sions relating to such devices and

18 services; and

19 ‘‘(ii) shall include—

20 ‘‘(I) mechanisms to provide sup21 port for the expenses related to such

22 involvement of individuals with dis23 abilities, including payment of travel

24 expenses, qualified interpreters, read25 ers, personal care assistants, or other
37

•S 1283 RFH

1 similar services and action necessary

2 to ensure participation by such indi3 viduals; and

4 ‘‘(II) mechanisms for determin5 ing consumer satisfaction and partici6 pation of individuals with disabilities

7 who represent a variety of ages and

8 types of disabilities, in the consumer9 responsive comprehensive statewide

10 program of technology-related assist11 ance.

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

14 ‘‘(i) the involvement of—

15 ‘‘(I) individuals with disabilities;

16 ‘‘(II) the parents, family mem17 bers, guardians, advocates, or author18 ized representatives of such individ19 uals;

20 ‘‘(III) other appropriate individ21 uals who are not employed by a State

22 agency; and

23 ‘‘(IV) organizations, providers,

24 and interested parties, in the private

25 sector,
38

•S 1283 RFH

1 in the designation of the lead agency under

2 subsection (d), and in the development of

3 the application; and

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

6 the program.’’;

7 (B) in paragraphs (4) and (5), by striking

8 ‘‘statewide program’’ each place the term ap9 pears and inserting ‘‘consumer-responsive com10 prehensive statewide program’’;

11 (C) by striking paragraphs (6) and (7) and

12 inserting the following:

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

14 OUTCOMES.—Information on the program to be car15 ried out under the grant with respect to—

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

17 for the program;

18 ‘‘(B) the systemic change and advocacy ac19 tivities described in section 101(b) that the

20 State plans to carry out under the program, in21 cluding, at a minimum, activities related to ac22 cess to, and funding for, assistive technology

23 devices and assistive technology services, case

24 management or representation, and interagency

25 coordination as described in section 101(b), un-
39

•S 1283 RFH

1 less the State demonstrates through the

2 progress reports required under section 104

3 that—

4 ‘‘(i) significant progress has been

5 made in the development and implementa6 tion of such a program; and

7 ‘‘(ii) other systemic change and advo8 cacy activities described in section 101(b)

9 will increase the likelihood that the pro10 gram will accomplish the purposes set out

11 in 2(b)(1); and

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

13 for the program,

14 consistent with the purposes described in section

15 2(b)(1).

16 ‘‘(7) DATA COLLECTION AND EVALUATIONS.—A

17 description of—

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

19 compiling information about the program, con20 sistent with such requirements as the Secretary

21 may establish for such system, and, to the ex22 tent that a national classification system is de23 veloped pursuant to section 201, consistent with

24 such classification system; and
40

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1 ‘‘(B) the procedures that will be used to

2 conduct evaluations of the program.’’;

3 (D) in paragraphs (11)(B)(i) and (12)(B)

4 by striking ‘‘individual with disabilities’’ and in5 serting ‘‘individual with a disability’’;

6 (E) in paragraph (16)(A), by striking

7 ‘‘families or representatives’’ and inserting

8 ‘‘parents, family members, guardians, advo9 cates, or authorized representatives’’;

10 (F) by redesignating paragraph (17) as

11 paragraph (22); and

12 (G) by inserting after paragraph (16) the

13 following new paragraphs:

14 ‘‘(17) AUTHORITY TO USE FUNDS.—An assur15 ance that the lead agency designated under sub16 section (d) will have the authority to use funds made

17 available through a grant made under section 102 or

18 103 to comply with the requirements of section 102

19 or 103, respectively, including the ability to hire

20 qualified staff necessary to carry out activities under

21 the program.

22 ‘‘(18) PROTECTION AND ADVOCACY SERV23 ICES.—Either—

24 ‘‘(A) an assurance that the State will an25 nually provide, from the funds made available
41

•S 1283 RFH

1 to the State through a grant made under sec2 tion 102 or 103, not less than an amount equal

3 to the lesser of—

4 ‘‘(i) $75,000; or

5 ‘‘(ii) 10 percent of such funds,

6 in order to make a grant or enter into a con7 tract to support protection and advocacy serv8 ices to assist individuals with disabilities in re9 ceiving appropriate assistive technology devices

10 and assistive technology services through the

11 systems established to provide protection and

12 advocacy under the Developmental Disabilities

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

14 6000 et seq.), the Protection and Advocacy for

15 Mentally Ill Individuals Act (42 U.S.C. 10801

16 et seq.), and section 509 of the Rehabilitation

17 Act of 1973 (29 U.S.C. 794e); or

18 ‘‘(B) at the discretion of the State, a re19 quest that the Secretary annually reserve, from

20 the funds made available to the State through

21 a grant made under section 102 or 103, not

22 less than the amount described in subparagraph

23 (A) in order for the Secretary to make a grant

24 or enter into a contract to support the protec25 tion and advocacy services described in sub-
42

•S 1283 RFH

1 paragraph (A) through entities described in

2 subparagraph (A).

3 ‘‘(19) LIMIT ON INDIRECT COSTS.—An assur4 ance that the State will not use more than 8 percent

5 of the funds made available to the State through a

6 grant made under section 102 or 103 for the indi7 rect costs of the program.

8 ‘‘(20) COORDINATION WITH STATE

9 COUNCILS.—An assurance that the lead agency will

10 coordinate the activities funded through a grant

11 made under section 102 or 103 with the activities

12 carried out by other councils within the State, in13 cluding—

14 ‘‘(A) any council or commission specified

15 in the assurance provided by the State in ac16 cordance with section 101(36) of the Rehabili17 tation Act of 1973 (29 U.S.C. 721(36));

18 ‘‘(B) the Statewide Independent Living

19 Council established under section 705 of the

20 Rehabilitation Act (29 U.S.C. 796d);

21 ‘‘(C) the advisory panel established under

22 section 613(a)(12) of the Individuals with Dis23 abilities Education Act (20 U.S.C.

24 1413(a)(12));
43

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1 ‘‘(D) the State Planning Council described

2 in section 124 of the Developmental Disabilities

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

4 6024);

5 ‘‘(E) the State mental health planning

6 council established under section 1914 of the

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

8 and

9 ‘‘(F) any council established under section

10 204, 206(g)(2)(A), or 712(a)(3)(H) of the

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

12 3017(g)(2)(A), and 3058g(a)(3)(H).

13 ‘‘(21) COORDINATION WITH OTHER SYSTEMIC

14 CHANGE PROJECTS.—An assurance that the lead

15 agency will coordinate the activities funded through

16 a grant made under section 102 or 103 with the ac17 tivities carried out by other systemic change projects

18 funded through Federal or State sources.’’; and

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

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

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

22 June 30, 1993, has provided for protection and ad23 vocacy services through a program that—

24 ‘‘(A) is comparable to the program de25 scribed in subsection (e)(18); and
44

•S 1283 RFH

1 ‘‘(B) is not carried out by an entity de2 scribed in such subsection,

3 shall be considered to meet the requirements of such

4 subsection.

5 ‘‘(2) PROTECTION AND ADVOCACY SERVICE

6 PROVIDER REPORT.—

7 ‘‘(A) PREPARATION.—An entity that re8 ceives funds reserved under subsection

9 (e)(18)(B) to carry out the protection and advo10 cacy services described in subsection (e)(18)(A)

11 in a State shall prepare reports that—

12 ‘‘(i) describe the activities carried out

13 by the entity with such funds; and

14 ‘‘(ii) contain such additional informa15 tion as the Secretary may require.

16 ‘‘(B) SUBMISSION.—The entity shall sub17 mit the reports to the program described in

18 subsection (a) in the State not less often than

19 every 6 months.

20 ‘‘(C) UPDATES.—The entity shall provide

21 monthly updates to the program described in

22 subsection (a) concerning the activities and in23 formation described in subparagraph (A).

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

25 Before making a grant or entering into a contract
45

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1 under subsection (e)(18)(B) to support the protec2 tion and advocacy services described in subsection

3 (e)(18)(A) in a State, the Secretary shall solicit and

4 consider the opinions of the lead agency designated

5 under subsection (d) in the State with respect to the

6 terms of the grant or contract.’’.

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 2-year extension grant

14 to any State that meets the standards specified in

15 subsection (b)(1).

16 ‘‘(2) ADDITIONAL EXTENSION GRANT.—The

17 Secretary may award an additional 3-year extension

18 grant to any State that meets the standards speci19 fied 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—
46

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1 ‘‘(A) provide the evidence described in sec2 tion 102(d)(2)(B); and

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

4 significant progress, and has carried out sys5 temic change and advocacy activities described

6 in section 101(b) that have resulted in signifi7 cant progress, toward development and the im8 plementation of a consumer-responsive com9 prehensive statewide program of technology-re10 lated assistance, consistent with sections

11 2(b)(1), 101, and 102.

12 ‘‘(2) ADDITIONAL EXTENSION GRANT.—In

13 order for a State to receive an additional extension

14 grant under this section, the designated lead agency

15 shall—

16 ‘‘(A) provide the evidence and make the

17 demonstration described in paragraph (1);

18 ‘‘(B) describe the steps the State has

19 taken or will take to continue on a permanent

20 basis the consumer-responsive comprehensive

21 statewide program of technology-related assist22 ance with the ability to maintain, at a mini23 mum, the outcomes achieved by the systemic

24 change and advocacy activities; and
47

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1 ‘‘(C) identify future funding options and

2 commitments for the program from the public

3 and private sector and the key individuals,

4 agencies, and organizations to be involved in,

5 and to direct future efforts of, the program.

6 ‘‘(c) AMOUNTS OF GRANTS.—

7 ‘‘(1) IN GENERAL.—

8 ‘‘(A) STATES.—From amounts appro9 priated under section 106 for any fiscal year,

10 the Secretary shall pay to each State that re11 ceives a grant under this section an amount

12 that is not less than $500,000 and not more

13 than $1,500,000.

14 ‘‘(B) TERRITORIES.—From amounts ap15 propriated under section 106 for any fiscal

16 year, the Secretary shall pay to each territory

17 that receives a grant under this section an

18 amount that is not more than $150,000.

19 ‘‘(C) DEFINITIONS.—For purposes of this

20 paragraph:

21 ‘‘(i) STATE.—The term ‘State’ does

22 not include the United States Virgin Is23 lands, Guam, American Samoa, the Com24 monwealth of the Northern Mariana Is25 lands, or the Republic of Palau.
48

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1 ‘‘(ii) TERRITORY.—The term ‘terri2 tory’ means the United States Virgin Is3 lands, Guam, American Samoa, the Com4 monwealth of the Northern Mariana Is5 lands, and the Republic of Palau (until the

6 Compact of Free Association takes effect).

7 ‘‘(2) CALCULATION OF AMOUNT.—The Sec8 retary shall calculate the amount described in sub9 paragraph (A) or (B) of paragraph (1) with respect

10 to a State on the basis of—

11 ‘‘(A) amounts available for making grants

12 pursuant to this section;

13 ‘‘(B) the population of the State;

14 ‘‘(C) the types of assistance to be provided

15 in the State; and

16 ‘‘(D) the amount of resources committed

17 by the State and available to the State from

18 other sources.

19 ‘‘(3) PRIORITY FOR PREVIOUSLY PARTICIPAT20 ING STATES.—Amounts appropriated in any fiscal

21 year for purposes of carrying out the provisions of

22 this section shall first be made available to States

23 that received grants under this section during the

24 fiscal year preceding the fiscal year concerned.
49

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

2 an extension grant under this section shall submit an ap3 plication that contains the following information and as4 surances with respect to the consumer-responsive com5 prehensive statewide program of technology-related assist6 ance in the State:

7 ‘‘(1) INFORMATION AND ASSURANCES.—The in8 formation and assurances described in section

9 102(e), except the preliminary needs assessment de10 scribed in section 102(e)(4).

11 ‘‘(2) NEEDS; PROBLEMS; STRATEGIES; OUT12 REACH.—

13 ‘‘(A) NEEDS.—A description of needs re14 lating to technology-related assistance of indi15 viduals with disabilities (including individuals

16 from underserved groups), the parents, family

17 members, guardians, advocates, or authorized

18 representatives of individuals with disabilities,

19 and other appropriate individuals within the

20 State.

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

22 problems that remain with the development and

23 implementation of a consumer-responsive com24 prehensive statewide program of technology-re25 lated assistance in the State.
50

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

2 strategies that the State will pursue during the

3 grant period to remedy the problems with the

4 development and implementation of such a pro5 gram.

6 ‘‘(D) OUTREACH ACTIVITIES.—A descrip7 tion of outreach activities to be conducted by

8 the State, including dissemination of informa9 tion to eligible populations, with special atten10 tion to underserved groups.

11 ‘‘(3) ACTIVITIES AND PROGRESS UNDER PRE12 VIOUS GRANT.—A description of—

13 ‘‘(A) the specific systemic change and ad14 vocacy activities described in section 101(b)

15 carried out under the development grant re16 ceived by the State under section 102, or, in the

17 case of an application for a grant under sub18 section (a)(2), under an initial extension grant

19 received by the State under this section, includ20 ing—

21 ‘‘(i) a description of State actions that

22 were undertaken to produce systemic

23 change on a permanent basis for individ24 uals of all ages who are individuals with

25 disabilities;
51

•S 1283 RFH

1 ‘‘(ii) a description of activities under2 taken to improve the involvement of indi3 viduals with disabilities in the program, in4 cluding training and technical assistance

5 efforts to improve individual access to

6 assistive technology devices and assistive

7 technology services as mandated under

8 public laws and regulations as in effect on

9 the date of the application; and

10 ‘‘(iii) an evaluation of impact and re11 sults of the activities described in clauses

12 (i) and (ii);

13 ‘‘(B) the relationship of such systemic

14 change and advocacy activities to the develop15 ment and implementation of a consumer-re16 sponsive comprehensive statewide program of

17 technology-related assistance; and

18 ‘‘(C) the progress made toward the devel19 opment and implementation of such a program.

20 ‘‘(4) PUBLIC INVOLVEMENT.—

21 ‘‘(A) REPORT.—In the case of an applica22 tion for a grant under subsection (a)(1), a re23 port on the hearing described in subsection

24 (e)(1) or, in the case of an application for a
52

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

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

3 ‘‘(B) OTHER STATE ACTIONS.—A descrip4 tion of State actions, other than such a hearing,

5 designed to determine the degree of satisfaction

6 of individuals with disabilities, the parents,

7 family members, guardians, advocates, or au8 thorized representatives of such individuals,

9 public service providers and private service pro10 viders, educators and related services providers,

11 employers, and other appropriate individuals

12 and entities with—

13 ‘‘(i) the degree of their ongoing in14 volvement in the development and imple15 mentation of the consumer-responsive com16 prehensive statewide program of tech17 nology-related assistance;

18 ‘‘(ii) the specific systemic change and

19 advocacy activities described in section

20 101(b) carried out by the State under the

21 development grant or the initial extension

22 grant;

23 ‘‘(iii) progress made toward the devel24 opment and implementation of a consumer-
53

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1 responsive comprehensive statewide pro2 gram of technology-related assistance; and

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

4 carry out the activities described in section

5 102(d)(2)(B).

6 ‘‘(5) COMMENTS.—A summary of any com7 ments received concerning the issues described in

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

9 comments, solicited through a public hearing re10 ferred to in paragraph (4) or through other means,

11 from individuals affected by the consumer-responsive

12 comprehensive statewide program of technology-re13 lated assistance, including—

14 ‘‘(A) individuals with disabilities;

15 ‘‘(B) the parents, family members, guard16 ians, advocates, or authorized representatives of

17 such individuals;

18 ‘‘(C) public service providers and private

19 service providers;

20 ‘‘(D) educators and related services per21 sonnel;

22 ‘‘(E) employers; and

23 ‘‘(F) other appropriate individuals and en24 tities.
54

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1 ‘‘(6) COMPATIBILITY AND ACCESSIBILITY OF

2 ELECTRONIC EQUIPMENT.—An assurance that the

3 State will comply with guidelines established under

4 section 508 of the Rehabilitation Act of 1973 (29

5 U.S.C. 794d).

6 ‘‘(e) PUBLIC HEARING.—

7 ‘‘(1) INITIAL EXTENSION GRANT.—To be eligi8 ble to receive a grant under subsection (a)(1), a

9 State shall hold a public hearing in the third year

10 of a program carried out under a grant made under

11 section 102, after providing appropriate and suffi12 cient notice to allow interested groups and organiza13 tions and all segments of the public an opportunity

14 to comment on the program.

15 ‘‘(2) ADDITIONAL EXTENSION GRANT.—To be

16 eligible to receive a grant under subsection (a)(2), a

17 State shall hold a public hearing in the second year

18 of a program carried out under a grant made under

19 subsection (a)(1), after providing the notice de20 scribed in paragraph (1).’’.

21 SEC. 104. PROGRESS CRITERIA AND REPORTS.

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

23 follows:
55

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

2 ‘‘(a) REGULATIONS.—The Secretary shall by regula3 tion establish criteria for determining, for purposes of this

4 title, whether a State that received a grant under section

5 102 or 103 is making significant progress in developing

6 and implementing a consumer-responsive comprehensive

7 statewide program of technology-related assistance. Such

8 criteria shall include standards for assessing the impact

9 of the systemic change and advocacy activities described

10 in section 101(b) in the State in achieving the purposes

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

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

13 under section 102 or 103 to carry out a program shall

14 submit to the Secretary annually a report that—

15 ‘‘(1) documents the significant progress made

16 by the State in developing and implementing the

17 program, consistent with the standards and criteria

18 established under subsection (a); and

19 ‘‘(2) includes information on—

20 ‘‘(A) identification of the successful sys21 temic change and advocacy activities carried out

22 through the program to increase funding for,

23 and access to, assistive technology devices and

24 assistive technology services, including an anal25 ysis of laws, regulations, policies, practices, pro26 cedures, and organizational structures, that—
56

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1 ‘‘(i) have changed as a result of the

2 program to facilitate the acquisition of

3 assistive technology;

4 ‘‘(ii) the program has attempted to

5 change during the grant period; or

6 ‘‘(iii) need to be changed in the next

7 grant period;

8 ‘‘(B) the degree of consumer involvement

9 of individuals with disabilities who represent a

10 variety of ages and type of disabilities, in terms

11 of—

12 ‘‘(i) the numbers of consumers in13 volved;

14 ‘‘(ii) the activities that the consumers

15 are involved in; and

16 ‘‘(iii) the outreach activities of the

17 State intended to increase consumer par18 ticipation in the consumer-responsive com19 prehensive statewide program of tech20 nology-related assistance;

21 ‘‘(C) the degree of consumer satisfaction

22 with the program;

23 ‘‘(D) the degree of involvement of various

24 State agencies, including the State insurance

25 department, in the preparation of the applica-
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1 tion for the program and the continuing role of

2 each agency in the development and implemen3 tation of the program, including—

4 ‘‘(i) a description of the process used

5 by each agency for providing access to and

6 funding for assistive technology devices

7 and assistive technology services; and

8 ‘‘(ii) a description of the activities un9 dertaken to enhance interagency coordina10 tion of the provision of assistive technology

11 devices and assistive technology services;

12 ‘‘(E) documentation of efforts to collect

13 and disseminate information on successful ef14 forts to secure assistive technology devices and

15 assistive technology services that occurred as a

16 result of systemic change and advocacy activi17 ties identified in paragraph (2); and

18 ‘‘(F) identification and documentation of

19 State and local laws, regulations, policies, prac20 tices, procedures, and organizational structures

21 that have been developed or changed in order to

22 inform individuals with disabilities, or the par23 ents, family members, guardians, advocates, or

24 authorized representatives of the individuals, of

25 Federal requirements pertaining to assistive
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1 technology devices and assistive technology

2 services, particularly under parts B and H of

3 the Individuals with Disabilities Education Act

4 (20 U.S.C. 1411 et seq. and 1471 et seq.) and

5 title I of the Rehabilitation Act of 1973 (29

6 U.S.C. 720 et seq.).’’.

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 standards

12 and criteria established under section 104(a)’’;

13 (2) in paragraph (2), to read as follows:

14 ‘‘(2) ONSITE VISITS.—

15 ‘‘(A) VISITS.—The Secretary shall conduct

16 an onsite visit during the final year of each

17 State’s participation in the development grant

18 program. The Secretary shall conduct an addi19 tional onsite visit to any State that received an

20 extension grant under section 103 and whose

21 initial onsite visit occurred prior to the date of

22 enactment of the Technology-Related Assistance

23 Amendments of 1993.
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1 ‘‘(B) TEAM.—Two-thirds of the onsite

2 monitoring team in each case shall be qualified

3 peer reviewers, who—

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

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

6 the State being monitored; and

7 ‘‘(iii) shall include an individual with

8 a disability, or a parent, family member,

9 guardian, advocate, or an authorized rep10 resentative of such an individual.

11 ‘‘(C) COMPENSATION.—

12 ‘‘(i) OFFICERS OR EMPLOYEES.—

13 Members of any onsite monitoring team

14 who are officers or full-time employees of

15 the United States shall serve without com16 pensation in addition to that received for

17 their services as officers or employees of

18 the United States, but they may be allowed

19 travel expenses, including per diem in lieu

20 of subsistence, as authorized by section

21 5702 of title 5, United States Code, for in22 dividuals in the Government service travel23 ing on official business.

24 ‘‘(ii) OTHER MEMBERS.—Members of

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

2 States shall receive compensation at a rate

3 not to exceed the daily equivalent of the

4 rate of pay for level IV of the Executive

5 Schedule under section 5315 of title 5,

6 United States Code, for each day (includ7 ing traveltime) during which such members

8 are engaged in the actual performance of

9 their duties as members of an onsite mon10 itoring team. In addition, such members

11 may be allowed travel expenses, including

12 per diem in lieu of subsistence, as author13 ized by section 5703 of title 5, United

14 States Code, for individuals in the Govern15 ment service employed intermittently.

16 ‘‘(D) REPORT.—The Secretary shall pre17 pare a report of findings from the onsite visit.

18 The Secretary shall consider the findings in de19 termining whether to continue funding the pro20 gram either with or without changes. The re21 port shall be available to the public.’’;

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

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

24 (4) by inserting after paragraph (2) the follow25 ing:
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1 ‘‘(3) ADVANCE PUBLIC NOTICE.—The Secretary

2 shall provide advance public notice of the onsite visit

3 and solicit public comment through such notice from

4 individuals with disabilities, and the parents, family

5 members, guardians, advocates, and authorized rep6 resentatives of such individuals, public service pro7 viders and private service providers, educators and

8 related services personnel, employers, and other ap9 propriate individuals and entities, regarding the

10 State program funded through a grant made under

11 section 102 or 103. The public comment solicitation

12 notice shall be included in the onsite visit report de13 scribed in paragraph (2).’’; and

14 (5) in paragraph (4) (as redesignated by para15 graph (3) of this subsection) by striking ‘‘statewide

16 program’’ and inserting ‘‘consumer-responsive com17 prehensive statewide program’’.

18 (b) CORRECTIVE ACTION PLAN.—Section 105(b) is

19 amended—

20 (1) in paragraph (2)—

21 (A) in the heading, by striking ‘‘PEN22 ALTIES’’ and inserting ‘‘CORRECTIVE ACTIONS’’;

23 (B) by striking ‘‘or’’ at the end of subpara24 graph (B);
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1 (C) by striking the period at the end of

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

3 (D) by adding at the end the following:

4 ‘‘(D) required redesignation of the lead

5 agency designated under section 102(d), after

6 notice and an opportunity for comment, in

7 order to continue to receive funds through a

8 grant made under section 102 or 103.’’; and

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

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

11 (c) ADDITIONAL ADMINISTRATIVE PROVISIONS.—

12 Section 105 is amended by adding at the end the follow13 ing:

14 ‘‘(d) CHANGE OF PROTECTION AND ADVOCACY SERV15 ICES PROVIDER.—

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

17 State, based on input from individuals with disabil18 ities, or the parents, family members, guardians, ad19 vocates, or authorized representati ves of such indi20 viduals, may determine that the entity providing

21 protection and advocacy services required by section

22 102(e)(18) has not met the protection and advocacy

23 service needs of the individuals with disabilities, or

24 the parents, family members, guardians, advocates,

25 or authorized representativ es of such individuals for
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1 securing funding for and access to assistive tech2 nology devices and assistive technology services, and

3 that there is good cause to provide the required serv4 ices for the State through a contract with another

5 nonprofit agency, organization or institution of high6 er education.

7 ‘‘(2) NOTICE AND OPPORTUNITY TO BE

8 HEARD.—On making such a determination, the Gov9 ernor shall—

10 ‘‘(A) give the agency providing protection

11 and advocacy services—

12 ‘‘(i) 30 days notice of the intention of

13 the Governor to change the agency provid14 ing such services, including specification of

15 the good cause for such a change; and

16 ‘‘(ii) an opportunity to respond to the

17 determination that good cause has been

18 shown;

19 ‘‘(B) provide individuals with disabilities,

20 or the parents, family members, guardians, ad21 vocates, or authorized representati ves of such

22 individuals, with timely notice of the proposed

23 change and an opportunity for public comment;

24 and
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1 ‘‘(C) provide the agency with the oppor2 tunity to appeal the determination on the basis

3 that the change was not for good cause.

4 ‘‘(3) REVIEW.—At the request of the agency,

5 the Secretary shall review the protection and advo6 cacy services provided by the entity pursuant to sec7 tion 102(e)(18), based on the criteria for such serv8 ices set out in the grant or contract to support such

9 services that is described in such section.

10 ‘‘(4) REVIEW.—Based on such review, the Sec11 retary may refuse to change the agency providing

12 the protection and advocacy services.

13 ‘‘(e) ANNUAL REPORT.—

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

15 31 of each year, the Secretary shall prepare, and

16 submit to the President and to the Congress, a re17 port on Federal initiatives, including the initiatives

18 funded under this Act, to improve the access of indi19 viduals with disabilities to assistive technology de20 vices and assistive technology services.

21 ‘‘(2) CONTENTS.—Such report shall include in22 formation on—

23 ‘‘(A) the demonstrated successes of such

24 Federal initiatives at the Federal and State lev25 els in improving interagency coordination,
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1 streamlining access to funding for assistive

2 technology, and producing beneficial outcomes

3 for users of assistive technology;

4 ‘‘(B) the demonstration activities carried

5 out through the Federal initiatives to—

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

7 public programs that were in existence on

8 the date of the initiation of the demonstra9 tion activities; and

10 ‘‘(ii) establish additional options for

11 obtaining such funding;

12 ‘‘(C) the education and training activities

13 carried out through the Federal initiatives to

14 promote such access in public programs and the

15 health care system and the efforts carried out

16 through such activities to train professionals in

17 a variety of relevant disciplines, and increase

18 the competencies of the professionals with re19 spect to technology-related assistance;

20 ‘‘(D) the education and training activities

21 carried out through the Federal initiatives to

22 train individuals with disabilities, the parents,

23 family members, guardians, advocates, or au24 thorized representatives of individuals with dis25 abilities, individuals who work for public agen-
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1 cies, or for private entities (including insurers),

2 that have contact with individuals with disabil3 ities, educators and related services personnel,

4 employers, and other appropriate individuals,

5 about technology-related assistance;

6 ‘‘(E) the research activities carried out

7 through the Federal initiatives to improve un8 derstanding of the cost-benefit results of access

9 to assistive technology for individuals with dis10 abilities who represent a variety of ages and

11 types of disabilities;

12 ‘‘(F) the program outreach activities to

13 rural and inner-city areas that are carried out

14 through the Federal initiatives;

15 ‘‘(G) the activities carried out through the

16 Federal initiatives that are targeted to reach

17 underserved groups; and

18 ‘‘(H) the consumer involvement activities

19 in the programs carried out under this Act.

20 ‘‘(3) AVAILABILITY OF ASSISTIVE TECHNOLOGY

21 DEVICES AND ASSISTIVE TECHNOLOGY SERVICES.—

22 As soon as practicable, and to the extent that a na23 tional classification system for assistive technology

24 devices and assistive technology services is developed

25 pursuant to section 201, the Secretary shall include
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1 in the annual report required by this subsection in2 formation on the availability of assistive technology

3 devices and assistive technology services for individ4 uals with disabilities, and shall report such informa5 tion in a manner consistent with such national clas6 sification system.

7 ‘‘(f) INTERAGENCY DISABILITY COORDINATING

8 COUNCIL.—

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

10 1995, the Interagency Disability Coordinating Coun11 cil established under section 507 of the Rehabilita12 tion Act of 1973 (29 U.S.C. 794c) shall prepare and

13 submit to the President and to the Congress a re14 port containing—

15 ‘‘(A) the response of the Interagency Dis16 ability Coordinating Council to—

17 ‘‘(i) the findings of the National

18 Council on Disability resulting from the

19 study entitled ‘Study on the Financing of

20 Assistive Technology Devices and Services

21 for Individuals with Disabilities’, carried

22 out in accordance with section 201 of this

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

24 of enactment of this subsection; and
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1 ‘‘(ii) the recommendations of the Na2 tional Council on Disability for legislative

3 and administrative change, resulting from

4 such study; and

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

6 the Interagency Disability Coordinating Council

7 that facilitate the accomplishment of section

8 2(b)(2) with respect to the Federal Govern9 ment.

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

11 comments submitted by the National Council on

12 Disability as to the appropriateness of the response

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

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

15 meeting the needs of individuals with disabilities for

16 assistive technology devices and assistive technology

17 services.’’.

18 SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

19 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

20 106(a) (29 U.S.C. 2216(a)) is amended by striking

21 ‘‘$9,000,000’’ and all that follows and inserting ‘‘such

22 sums as may be necessary for each of the fiscal years 1994

23 through 1996.’’.

24 (b) RESERVATIONS.—Section 106(b) (29 U.S.C.

25 2216(b)) is amended to read as follows:
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1 ‘‘(b) RESERVATIONS.—

2 ‘‘(1) PROVISION OF INFORMATION AND TECH3 NICAL ASSISTANCE.—

4 ‘‘(A) IN GENERAL.—Of the funds appro5 priated for any fiscal year under subsection (a),

6 the Secretary shall reserve 2 percent or

7 $1,500,000, whichever is greater, of such funds,

8 for the purpose of providing information and

9 technical assistance as described in subpara10 graphs (B) and (C) to States, individuals with

11 disabilities, the parents, family members,

12 guardians, advocates, or authorized representa13 tives of such individuals, community-based or14 ganizations, and protection and advocacy agen15 cies.

16 ‘‘(B) TECHNICAL ASSISTANCE TO

17 STATES.—In providing such information and

18 technical assistance to States the Secretary

19 shall consider the input of the directors of

20 consumer-responsive comprehensive statewide

21 programs of technology-related assistance, and

22 shall provide information and technical assist23 ance that—

24 ‘‘(i) facilitate service delivery capacity

25 building, training of personnel from a vari-
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•S 1283 RFH

1 ety of disciplines, and improvement of eval2 uation strategies, research, and data collec3 tion;

4 ‘‘(ii) foster the development and rep5 lication of effective approaches to informa6 tion referral, interagency coordination of

7 training and service delivery, outreach to

8 underserved groups, and public awareness

9 activities;

10 ‘‘(iii) improve the awareness and

11 adoption of successful approaches to in12 creasing the availability of public and pri13 vate funding for and access to the provi14 sion of assistive technology devices and

15 assistive technology services by appropriate

16 State agencies;

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

18 implementing, and evaluating appropriate

19 activities to further extend consumer-re20 sponsive comprehensive statewide pro21 grams of technology-related assistance for

22 individuals with disabilities; and

23 ‘‘(v) promote effective approaches to

24 the development of consumer-controlled

25 systems that increase access to, funding
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1 for, and awareness of assistive technology

2 devices and assistive technology services.

3 ‘‘(C) INFORMATION AND TECHNICAL AS4 SISTANCE TO INDIVIDUALS WITH DISABILITIES

5 AND OTHER PERSONS.—The Secretary shall

6 provide such information and technical assist7 ance to individuals with disabilities, the parents,

8 family members, guardians, advocates, or au9 thorized representatives of such individuals,

10 community-based organizations, and protection

11 and advocacy agencies, on a nationwide basis,

12 to—

13 ‘‘(i) foster awareness and understand14 ing of Federal, State, and local laws, regu15 lations, policies, practices, procedures, and

16 organizational structures, that facilitate,

17 and overcome barriers to, funding for and

18 access to assistive technology devices and

19 assistive technology services, to promote

20 fuller independence, productivity, and in21 clusion for individuals of all ages who are

22 individuals with disabilities;

23 ‘‘(ii) facilitate effective systemic

24 change activities;
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1 ‘‘(iii) improve the understanding and

2 use of assistive technology funding deci3 sions made as a result of policies, prac4 tices, and procedures, or through regula5 tions, administrative hearings, or legal ac6 tions, that enhance access to funding for

7 assistive technology devices and assistive

8 technology services for individuals with dis9 abilities;

10 ‘‘(iv) promote effective approaches to

11 Federal-State coordination of programs for

12 individuals with disabilities, through infor13 mation dissemination and technical assist14 ance activities in response to funding pol15 icy issues identified on a nationwide basis

16 by organizations, and individuals, that im17 prove funding for or access to assistive

18 technology devices and assistive technology

19 services for individuals of all ages who are

20 individuals with disabilities; and

21 ‘‘(v) promote effective approaches to

22 the development of consumer-controlled

23 systems that increase access to, funding

24 for, and awareness of assistive technology

25 devices and assistive technology services,
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1 including the identification and description

2 of mechanisms and means that successfully

3 support self-help and peer mentoring

4 groups for individuals with disabilities.

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

6 coordinate the information and technical assist7 ance activities carried out under subparagraph

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

9 this Act.

10 ‘‘(E) GRANTS, CONTRACTS, OR COOPERA11 TIVE AGREEMENTS.—

12 ‘‘(i) IN GENERAL.—The Secretary

13 shall provide the technical assistance and

14 information described in subparagraphs

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

16 cooperative agreements with public or pri17 vate agencies and organizations, including

18 institutions of higher education, with docu19 mented experience, expertise, and capacity

20 to carry out identified activities related to

21 the provision of such technical assistance

22 and information.

23 ‘‘(ii) ENTITIES WITH EXPERTISE IN

24 ASSISTIVE TECHNOLOGY SERVICE DELIV25 ERY, INTERAGENCY COORDINATION, AND
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1 SYSTEMIC CHANGE ACTIVITIES.—For the

2 purpose of achieving the objectives de3 scribed in paragraph (1)(B), the Secretary

4 shall reserve not less than 45 percent and

5 not more than 55 percent of the funds re6 served under subparagraph (A) for each

7 fiscal year for grants to, or contracts or co8 operative agreements with, public or pri9 vate agencies or organizations with docu10 mented experience with and expertise in

11 assistive technology service delivery, inter12 agency coordination, and systemic change

13 activities.

14 ‘‘(iii) ENTITIES WITH EXPERTISE IN

15 ASSISTIVE TECHNOLOGY SYSTEMIC

16 CHANGE, PUBLIC FUNDING OPTIONS, AND

17 OTHER SERVICES.—For the purpose of

18 achieving the objectives described in para19 graph (1)(C), the Secretary shall reserve

20 not less than 45 percent and not more

21 than 55 percent of the funds reserved

22 under subparagraph (A) for each fiscal

23 year for grants to, or contracts or coopera24 tive agreements with, public or private
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1 agencies or organizations with documented

2 experience with and expertise in—

3 ‘‘(I) assistive technology systemic

4 change;

5 ‘‘(II) public funding options; and

6 ‘‘(III) services to increase nation7 wide the availability of funding for

8 assistive technology devices and

9 assistive technology services.

10 ‘‘(iv) ENTITY WITH EXPERTISE IN

11 FUNDING.—The Secretary may reserve

12 funds equally from the amounts reserved

13 under clauses (ii) and (iii) for a fiscal year

14 in an amount up to $300,000 for an addi15 tional grant to, or contract or cooperative

16 agreement with, a public or private organi17 zation with demonstrated expertise in

18 funding. An organization that receives

19 funding through such a grant, contract, or

20 agreement shall use the funding to provide

21 information and technical assistance spe22 cifically related to funding to assist the

23 agencies, and organizations described in

24 clauses (ii) and (iii) in carrying out activi25 ties under this paragraph.
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1 ‘‘(v) APPLICATION.—The Secretary

2 shall make any grants, and enter into any

3 contracts or cooperative agreements, under

4 this subsection on a competitive basis. To

5 be eligible to receive funds under this sub6 section an agency, organization, or institu7 tion shall submit an application to the Sec8 retary at such time, in such manner, and

9 containing such information as the Sec10 retary may require.

11 ‘‘(2) ONSITE VISITS.—The Secretary may re12 serve, from amounts appropriated for any fiscal year

13 under subsection (a), such sums as the Secretary

14 considers to be necessary for the purposes of con15 ducting onsite visits as required by section

16 105(a)(2).’’.

17 SEC. 107. REPEALS.

18 Section 107 (29 U.S.C. 2217) is repealed.

19 TITLE II—PROGRAMS OF

20 NATIONAL SIGNIFICANCE

21 SEC. 201. NATIONAL CLASSIFICATION SYSTEM.

22 Part A of title II (29 U.S.C. 2231 et seq.) is amended

23 to read as follows:
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1 ‘‘PART A—NATIONAL CLASSIFICATION SYSTEM

2 ‘‘SEC. 201. CLASSIFICATION SYSTEM.

3 ‘‘(a) PILOT PROJECT.—

4 ‘‘(1) IN GENERAL.—The Secretary shall con5 duct a pilot project to develop and test a national

6 classification system for assistive technology devices

7 and assistive technology services, with the goal of

8 obtaining uniform data through such a system on

9 such devices and services across public programs

10 and information and referral networks.

11 ‘‘(2) CONTRACTS AND COOPERATIVE AGREE12 MENTS.—The Secretary may carry out this section

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

14 or cooperative agreements with appropriate entities.

15 ‘‘(b) SINGLE TAXONOMY.—In conducting the pilot

16 project, the Secretary shall develop a national classifica17 tion system that includes a single taxonomy and nomen18 clature for assistive technology devices and assistive tech19 nology services.

20 ‘‘(c) DATA COLLECTION INSTRUMENT.—In conduct21 ing the pilot project, the Secretary shall develop a data

22 collection instrument to—

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

24 technology devices and assistive technology services;

25 and
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1 ‘‘(2) collect such data from public programs, in2 cluding, at a minimum, programs carried out

3 under—

4 ‘‘(A) title I, VI, or VII of the Rehabilita5 tion Act of 1973 (29 U.S.C. 720 et seq., 795

6 et seq., or 796 et seq.);

7 ‘‘(B) part B or H of the Individuals with

8 Disabilities Education Act (20 U.S.C. 1411 et

9 seq. or 1471 et seq.);

10 ‘‘(C) title V or XIX of the Social Security

11 Act (42 U.S.C. 701 et seq. or 1396 et seq.);

12 ‘‘(D) the Older Americans Act of 1965 (42

13 U.S.C. 3001 et seq.); or

14 ‘‘(E) the Developmental Disabilities Assist15 ance and Bill of Rights Act (42 U.S.C. 6000 et

16 seq.).

17 ‘‘(d) CONSULTATION AND COORDINATION.—

18 ‘‘(1) CONSULTATION.—The Secretary shall con19 duct the pilot project in consultation with the Inter20 agency Disability Coordinating Council established

21 under section 507 of the Rehabilitation Act of 1973

22 (29 U.S.C. 794c) and the National Council on Dis23 ability established under section 400 of such Act (29

24 U.S.C. 780).
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1 ‘‘(2) COORDINATION.—The Secretary shall co2 ordinate activities related to conducting the pilot

3 project with—

4 ‘‘(A) activities carried out through State

5 programs funded under title I;

6 ‘‘(B) the provision of technical assistance

7 under section 106(b);

8 ‘‘(C) data collection activities that are

9 being carried out on the date on which the Sec10 retary initiates the pilot project;

11 ‘‘(D) activities being carried out through

12 data collection systems in existence on such

13 date; and

14 ‘‘(E) activities of appropriate entities, in15 cluding entities involved in the information and

16 referral field.

17 ‘‘(e) TIMING.—The Secretary shall complete the pilot

18 project not later than 24 months after the date of enact19 ment of this section.

20 ‘‘(f) REPORT TO CONGRESS ON IMPLEMENTATION OF

21 UNIFORM DATA COLLECTION SYSTEM.—Not later than

22 January 1, 1996, the Secretary shall prepare and submit

23 to the appropriate committees of Congress a report con24 taining—

25 ‘‘(1) the results of the pilot project; and
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1 ‘‘(2) the recommendations of the Secretary con2 cerning the feasibility of implementing a uniform

3 data collection system based on such a national clas4 sification system.

5 ‘‘(g) RESERVATION.—From the amounts appro6 priated under part D, the Secretary shall reserve

7 $200,000 to carry out this part.’’.

8 SEC. 202. TRAINING AND PUBLIC AWARENESS PROJECTS.

9 Section 221 (29 U.S.C. 2251) is amended—

10 (1) in subsection (a)—

11 (A) in paragraph (1)—

12 (i) by striking ‘‘institutions of higher

13 education’’ and inserting ‘‘institutions of

14 higher education and community-based or15 ganizations’’;

16 (ii) in subparagraph (A), by striking

17 ‘‘and’’ at the end;

18 (iii) by striking the period at the end

19 of subparagraph (B), and inserting the fol20 lowing: ‘‘, to enhance opportunities for

21 independence, productivity, and inclusion

22 of individuals with disabilities; and’’; and

23 (iv) by adding at the end the follow24 ing:
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1 ‘‘(C) providing training to develop aware2 ness, skills, and competencies of service provid3 ers, consumers, and volunteers, who are located

4 in rural areas, to increase the availability of

5 technology-related assistance in community6 based settings for rural residents who are indi7 viduals with disabilities.’’;

8 (B) in paragraph (2)—

9 (i) by striking ‘‘needs of individuals

10 with disabilities’’ and all that follows and

11 inserting the following: ‘‘needs of individ12 uals with disabilities, the parents, family

13 members, guardians, advocates, and au14 thorized representatives of the individuals,

15 individuals who work for public agencies,

16 or for private entities (including insurers),

17 that have contact with individuals with dis18 abilities, educators and related services

19 personnel, employers, and other appro20 priate individuals.’’; and

21 (C) by adding at the end the following new

22 paragraphs:

23 ‘‘(3) USES OF FUNDS.—An agency or organiza24 tion that receives a grant under paragraph (1) may

25 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.’’; and

3 (2) in subsection (b)—

4 (A) in paragraph (1), by inserting ‘‘public

5 and private agencies and organizations, includ6 ing’’ before ‘‘institutions of higher education’’;

7 (B) in paragraph (2), by striking ‘‘prepa8 ration of personnel’’ and all that follows and in9 serting the following: ‘‘interdisciplinary prepa10 ration of personnel who provide or who will pro11 vide technical assistance, who administer pro12 grams, or who prepare other personnel, in order

13 to—

14 ‘‘(A) support the development and imple15 mentation of consumer-responsive comprehen16 sive statewide programs of technology-related

17 assistance to individuals with disabilities; and

18 ‘‘(B) enhance the skills and competencies

19 of individuals involved in the provision of tech20 nology-related assistance, including assistive

21 technology devices and assistive technology

22 services, to individuals with disabilities.’’;

23 (C) in paragraph (3), to read as follows:
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1 ‘‘(3) USES OF FUNDS.—An agency or organiza2 tion that receives a grant under paragraph (1) may

3 use amounts made available through the grant to—

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

5 courses of training or study related to tech6 nology-related assistance; and

7 ‘‘(B) establish and maintain scholarships

8 related to such courses of training or study,

9 with such stipends and allowances as the Sec10 retary may determine to be appropriate.’’; and

11 (D) by adding at the end the following:

12 ‘‘(4) APPLICATION.—

13 ‘‘(A) IN GENERAL.—To be eligible to re14 ceive a grant under this section, an agency or

15 organization shall submit an application to the

16 Secretary at such time, in such manner, and

17 containing such information as the Secretary

18 may require.

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

20 such application shall include a detailed descrip21 tion of the strategies that the agency or organi22 zation will use to recruit and train persons to

23 provide technology-related assistance, in order

24 to—
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1 ‘‘(i) increase the extent to which such

2 persons reflect the diverse populations of

3 the United States; and

4 ‘‘(ii) increase the number of individ5 uals with disabilities, and individuals who

6 are members of minority groups, who are

7 available to provide such assistance.’’.

8 SEC. 203. DEMONSTRATION AND INNOVATION PROJECTS.

9 Section 231(b)(3) (29 U.S.C. 2261(b)(3)) is amended

10 to read as follows:

11 ‘‘(3) DIRECT LOAN PROJECTS.—Demonstration

12 projects carried out in accordance with regulations

13 issued by the Secretary (which may include a re14 quirement that the Secretary provide not more than

15 90 percent of the costs of carrying out any such

16 project under this section) to—

17 ‘‘(A) examine alternative direct loan pro18 grams, including—

19 ‘‘(i) programs involving low-interest

20 loan funds;

21 ‘‘(ii) programs involving revolving loan

22 funds; and

23 ‘‘(iii) loan insurance programs,

24 that would provide loans to individuals with dis25 abilities, the parents, family members, guard-
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1 ians, advocates, or authorized representatives of

2 individuals with disabilities, or employers of in3 dividuals with disabilities; and

4 ‘‘(B) evaluate the efficacy of the particular

5 loan systems involved.’’.

6 SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

7 Section 241 (29 U.S.C. 2271) is amended to read as

8 follows:

9 ‘‘SEC. 241. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘There are authorized to be appropriated to carry out

11 this title such sums as may be necessary for each of the

12 fiscal years 1994, 1995, and 1996.’’.

13 SEC. 205. REPEALS AND REDESIGNATIONS.

14 Title II (29 U.S.C. 2231 et seq.) is amended—

15 (1) by repealing part B;

16 (2) by redesignating parts C, D, and E as parts

17 B, C, and D, respectively;

18 (3) by repealing section 222;

19 (4) by redesignating sections 221 and 223 as

20 sections 211 and 212, respectively; and

21 (5) by redesignating sections 231 and 241 as

22 sections 221 and 231, respectively.
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1 TITLE III—REQUIREMENTS

2 UNDER HEAD START ACT

3 SEC. 301. ADMINISTRATIVE REQUIREMENTS UNDER THE

4 HEAD START ACT.

5 Section 644(f) of the Head Start Act (42 U.S.C.

6 9839(f)) is amended—

7 (1) in paragraph (1)—

8 (A) by inserting ‘‘, or to approve a prior

9 purchase of’’ after ‘‘to purchase,’’; and

10 (B) by inserting before the period at the

11 end thereof the following: ‘‘, and shall suspend

12 any proceedings pending against any Head

13 Start agency to claim costs incurred in purchas14 ing such facilities until the agency has been af15 forded an opportunity to apply for approval of

16 the purchase and the Secretary has determined

17 whether the purchase will be approved. The

18 Secretary shall not be required to repay claims

19 previously satisfied by Head Start agencies for

20 costs incurred in the purchase of facilities’’; and

21 (2) in paragraph (2)—

22 (A) in subparagraph (A), by inserting ‘‘or

23 that was previously purchased’’ before the semi24 colon; and

25 (B) in subparagraph (C)—
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1 (i) by inserting ‘‘, or the previous pur2 chase has resulted,’’ after ‘‘purchase will

3 result’’ in clause (i); and

4 (ii) by inserting ‘‘, or would have pre5 vented,’’ after ‘‘will prevent’’ in clause (ii).

Passed the Senate August 5 (legislative day, June

30), 1993.

Attest: WALTER J. STEWART,

Secretary.

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