II

103D CONGRESS

1ST SESSION S. 1285

To reauthorize and improve a program of grants to States to promote the

provision of technology-related assistance to individuals with disabilities,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 26 (legislative day, JUNE 30), 1993

Mr. HARKIN (by request) introduced the following bill; which was read twice

and referred to the Committee on Labor and Human Resources

A BILL

To reauthorize and improve a program of grants to States

to promote the provision of technology-related assistance

to individuals with disabilities, 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 That this Act may be cited as the ‘‘Technology-Related

4 Assistance for Individuals with Disabilities Amendments

5 of 1993’’.

6 FINDINGS AND PURPOSE

7 SEC. 2. Section 2(b) of the Technology-Related As8 sistance for Individuals With Disabilities Act of 1988 (29
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1 U.S.C. 2201 et seq.; hereinafter referred to as ‘‘the Act’’)

2 is amended—

3 (1) in paragraph (1)—

4 (A) in the material that precedes subpara5 graph (A), by inserting ‘‘comprehensive,’’ after

6 ‘‘implement a’’;

7 (B) in subparagraph (B), by striking out

8 ‘‘policies, practices, and procedures’’ and insert9 ing in lieu thereof ‘‘laws, regulations, policies,

10 practices, procedures, and organizational struc11 tures’’;

12 (C) in subparagraph (C), by striking out

13 ‘‘of and funding for the provision of’’ and in14 serting in lieu thereof ‘‘of, access to, provision

15 of, and funding for’’;

16 (D) in subparagraph (F), by striking out

17 ‘‘and’’ at the end thereof;

18 (E) in subparagraph (G), by striking out

19 the period at the end thereof and inserting in

20 lieu thereof a semicolon and ‘‘and’’; and

21 (F) by adding at the end thereof a new

22 subparagraph to read as follows:

23 ‘‘(H) increase the involvement of individ24 uals with disabilities (and, if appropriate, their

25 family members, guardians, advocates, and au-
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1 thorized representatives) in the planning, devel2 opment, implementation, and assessment of

3 technology-related assistance programs, and in

4 decisions related to the provision of assistive

5 technology devices and assistive technology

6 services.’’;

7 (2) in paragraph (3)—

8 (A) in subparagraph (A), by striking out ‘‘,

9 information, and training and public aware10 ness’’ and inserting in lieu thereof ‘‘and infor11 mation’’; and

12 (B) by striking out subparagraph (B) and

13 inserting in lieu thereof a new subparagraph to

14 read as follows:

15 ‘‘(B) other assistance needed to ensure

16 that the comprehensive, consumer-responsive

17 statewide system developed with Federal sup18 port under this Act will continue after such

19 support has ended.’’; and

20 (3) by adding at the end thereof a new para21 graph to read as follows:

22 ‘‘(4) To promote systems change, in order to

23 facilitate access to, provision of, and funding for

24 technology-related assistance to individuals with dis25 abilities.’’.
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1 DEFINITIONS

2 SEC. 3. Section 3 of the Act is amended—

3 (1) by adding at the end thereof three new

4 paragraphs to read as follows:

5 ‘‘(9) CONSUMER-RESPONSIVE.—The term

6 ‘consumer-responsive’ means—

7 ‘‘(A) accessible to individuals with disabil8 ities and, if requested or required by such indi9 viduals, their family members, guardians, advo10 cates, or authorized representatives;

11 ‘‘(B) meeting the needs of individuals with

12 disabilities in a timely and appropriate manner;

13 and

14 ‘‘(C) facilitating the full participation and

15 inclusion of individuals with disabilities in deci16 sions relating to—

17 (i) the provision of assistive tech18 nology devices and assistive technology

19 services to particular individuals; and

20 (ii) the planning, development, imple21 mentation, and assessment of the statewide

22 system of technology-related assistance to

23 individuals with disabilities.

24 ‘‘(10) PROTECTION AND ADVOCACY SERV25 ICES.—The term ‘protection and advocacy services’
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1 means services that are authorized under part C of

2 the Developmental Disabilities Assistance and Bill of

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

4 and Advocacy for Mentally Ill Individuals Act of

5 1986 (42 U.S.C. 10801 et seq.), and section 509 of

6 the Rehabilitation Act of 1973 (29 U.S.C. 794e) and

7 that assist individuals with disabilities and their

8 family members, guardians, advocates, and author9 ized representatives to gain access to assistive tech10 nology devices and assistive technology services.

11 ‘‘(11) SYSTEMS CHANGE.—The term ‘systems

12 change’ means reform that results in laws, regula13 tions, policies, procedures, practices, or organiza14 tional structures that facilitate access to, provision

15 of, and funding for assistive technology devices and

16 assistive technology services to individuals with dis17 abilities and other appropriate individuals or organi18 zations, in order to empower individuals with disabil19 ities to achieve greater independence, productivity,

20 and inclusion within the community and the work

21 force.’’; and

22 (2) by striking out paragraph (4); and

23 (3) by redesignating paragraphs (3), (5), (6),

24 (7), (8), (9), (10), and (11) as paragraphs (4), (6),

25 (7), (9), (10), (3), (5), and (8), respectively.
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1 MANDATED ACTIVITIES

2 SEC. 4. Section 101 of the Act is amended by striking

3 out subsection (b) and inserting in lieu thereof a new sub4 section to read as follows:

5 ‘‘(b) MANDATED ACTIVITIES.—Any State that re6 ceives a grant under this title shall undertake activities

7 to implement systems change, as defined in section 3.

8 These activities shall include—

9 ‘‘(1) a review and, where appropriate, modifica10 tion of laws, regulations, policies, practices, proce11 dures, and organizational structures that affect ac12 cess to, provision of, and funding for assistive tech13 nology devices and assistive technology services;

14 ‘‘(2) coordination among State agencies, in

15 order to facilitate access to, provision of, and fund16 ing for assistive technology devices and assistive

17 technology services; and

18 ‘‘(3) information dissemination and other activi19 ties, including training, that empower individuals

20 with disabilities to obtain technology-related assist21 ance and that facilitate a consumer-responsive sys22 tem.’’.

23 AUTHORIZED ACTIVITIES

24 SEC. 5. Section 101(c) of the Act is amended—
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1 (1) in the material preceding paragraph (1), by

2 striking out ‘‘functions described in subsection (b)’’

3 and inserting in lieu thereof ‘‘purposes of this Act’’;

4 (2) in paragraph (1)—

5 (A) in subparagraph (B), by adding ‘‘and’’

6 at the end thereof;

7 (B) by striking out subparagraph (C); and

8 (C) by redesignating subparagraph (D) as

9 subparagraph (C);

10 (3) in paragraph (2)—

11 (A) by striking out subparagraph (G); and

12 (B) by redesignating subparagraphs (H)

13 and (I) as subparagraphs (G) and (H), respec14 tively;

15 (4) in paragraph (4)—

16 (A) in subparagraph (B), by striking out

17 ‘‘and’’ at the end thereof;

18 (B) in subparagraph (C), by striking out

19 the period at the end thereof and inserting in

20 lieu thereof a semicolon and ‘‘and’’; and

21 (C) by adding at the end thereof a new

22 subparagraph to read as follows:

23 ‘‘(D) outreach activities to underserved

24 groups.’’

25 (5) in paragraph (6)—
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1 (A) by inserting after the first sentence, a

2 new sentence to read as follows: ‘‘The informa3 tion system may be organized on an interstate

4 basis or as part of a regional consortium of

5 States, thereby facilitating the establishment of

6 compatible, linked information systems.’’; and

7 (B) by striking out ‘‘preceding sentence’’

8 and inserting in lieu thereof ‘‘preceding sen9 tences’’;

10 (6) by redesignating paragraph (8) as para11 graph (15); and

12 (7) by inserting after paragraph (7) seven new

13 paragraphs to read as follows:

14 ‘‘(8) ALTERNATIVE STATE-FINANCED SYS15 TEMS.—The State may support development and im16 plementation of alternative State-financed systems of

17 subsidies or loan mechanisms for the provision of

18 assistive technology devices and assistive technology

19 services to individuals with disabilities who need but

20 cannot afford such devices or services without assist21 ance, including—

22 ‘‘(A) a loan system for assistive technology

23 devices;

24 ‘‘(B) a low-interest loan fund;

25 ‘‘(C) a revolving fund;
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1 ‘‘(D) a loan insurance program; and

2 ‘‘(E) a partnership with private entities for

3 the purchase, lease, or other acquisition or pro4 vision of such devices or services.

5 ‘‘(9) SUPPORT FOR EXPENSES.—The State may

6 use funds under this title for program-related ex7 penses of individuals with disabilities who are in8 volved in the planning, development, implementation,

9 or assessment of the statewide system, including

10 payments for travel, qualified interpreters, readers,

11 personal care assistants, and other services needed

12 for participation by these individuals.

13 ‘‘(10) DEMONSTRATION OF EQUIPMENT.—The

14 State may support a program of demonstration and

15 try-outs of assistive technology devices, including a

16 mechanism that allows the ultimate user of such de17 vice to use that device on a trial basis prior to its

18 purchase, in order to determine whether the device

19 meets the needs of that user.

20 ‘‘(11) PARTNERSHIPS.—The State may support

21 partnerships with private non-profit and for-profit

22 agencies and organizations to promote greater par23 ticipation by business and industry in the develop24 ment, demonstration, and distribution of assistive

25 technology devices, and in the on-going provision of
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1 information about new assistive technology devices

2 to assist individuals with disabilities.

3 ‘‘(12) CASE MANAGEMENT.—The State may

4 provide case management services to help individuals

5 with disabilities to identify and obtain access to the

6 assistive technology devices and assistive technology

7 services they need, including, as appropriate, sources

8 of funding to obtain such devices and services.

9 ‘‘(13) ADA ASSISTANCE.—The State may sup10 port activities to assist employers and others who

11 are subject to the requirements of the Americans

12 with Disabilities Act of 1990 (42 U.S.C. 12111 et

13 seq.) on the uses of technology-related assistance to

14 meet the requirements of that Act.

15 ‘‘(14) RECYCLING ACTIVITIES.—The State may

16 support activities, including the establishment of in17 formation systems and recycling centers, for the re18 distribution of assistive technology devices and other

19 devices that may be used to create assistive tech20 nology devices.’’.

21 APPLICATION REQUIREMENTS

22 SEC. 6. (a) DESIGNATION OF RESPONSIBLE EN23 TITY.—Section 102(e)(1) is amended—

24 (1) by redesignating subparagraphs (A) through

25 (F) as clauses (i) through (vi);
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1 (2) by inserting the subparagraph designation

2 ‘‘(A)’’ after ‘‘DESIGNATION OF RESPONSIBLE EN3 TITY.—’’; and

4 (3) by adding at the end thereof the following

5 new subparagraph:

6 ‘‘(B) The entity designated under subpara7 graph (A) shall provide evidence of its ability

8 to—

9 ‘‘(i) exercise leadership in identifying

10 and responding statewide to the assistive

11 technology needs of all individuals with dis12 abilities in the State;

13 ‘‘(ii) promote and accomplish systems

14 change;

15 ‘‘(iii) promote and accomplish public16 private partnerships and interagency co17 ordination;

18 ‘‘(iv) promote consumer confidence,

19 responsiveness, and advocacy; and

20 ‘‘(v) exercise leadership in developing

21 and implementing effective strategies for

22 capacity building, including training, and

23 enhancement of access to funding.

24 ‘‘(C) Subparagraph (B) shall apply only at

25 the time that a State is applying for a grant
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1 under this title, or wishes to redesignate its re2 sponsible State entity.’’.

3 (b) AGENCY INVOLVEMENT AND COORDINATION.—

4 Section 102(e)(2) of the Act is amended—

5 (1) by inserting ‘‘AND COORDINATION’’ after

6 ‘‘INVOLVEMENT’’;

7 (2) by inserting the subparagraph designation

8 ‘‘(A)’’ after ‘‘AND COORDINATION.—’’;

9 (3) by striking out the period at the end of sub10 paragraph (A) and inserting in lieu thereof a comma

11 and ‘‘including the identification of the available re12 sources and the responsibility of each agency for

13 providing assistive technology devices and assistive

14 technology services; and’’; and

15 (4) by adding at the end thereof a new subpara16 graph to read as follows:

17 ‘‘(B) an assurance that the State will co18 ordinate its activities under this grant with

19 State councils established under the Devel20 opmental Disabilities Assistance and Bill of

21 Rights Act, the Individuals with Disabilities

22 Education Act, section 1916(e) of the Public

23 Health Service Act, and the Rehabilitation Act

24 of 1973.’’.
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1 (c) CONSUMER INVOLVEMENT.—Section 102(e)(3) of

2 the Act is amended to read as follows:

3 ‘‘(3) CONSUMER INVOLVEMENT.—A description

4 of—

5 ‘‘(A) the nature and extent of involvement

6 of individuals with disabilities, their family

7 members, guardians, advocates, authorized rep8 resentatives, and other appropriate individuals

9 in—

10 ‘‘(i) the development of the applica11 tion for a grant under this Act;

12 ‘‘(ii) the designation of the responsible

13 entity described in paragraph (1);

14 ‘‘(iii) the development of the plan for

15 systems change described in paragraph (6);

16 and

17 ‘‘(iv) the annual assessment described

18 in paragraph (7);

19 ‘‘(B) the process the State engaged in (in20 cluding outreach activities to obtain input from

21 underserved groups) to obtain imput on its ap22 plication and plan for systems change from the

23 individuals described in paragraph (A), a sum24 mary of the comments that State received from

25 such individuals, and an analysis of how the
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1 State addressed these comments in preparing

2 its application and plan for systems change;

3 and

4 ‘‘(C) the ways in which the State will pro5 mote the involvement of individuals with dis6 abilities or, if appropriate, their family mem7 bers, guardians, advocates, or authorized rep8 resentatives in—

9 ‘‘(i) decisions relating to the provision

10 of assistive technology devices and assistive

11 technology services to particular individ12 uals; and

13 ‘‘(ii) the planning, development, im14 plementation, and assessment of the state15 wide system of technology-related assist16 ance.’’.

17 (d) PLAN FOR SYSTEMS CHANGE.—Section

18 102(e)(6) of the Act is amended to read as follows:

19 ‘‘(6) PLAN FOR SYSTEMS CHANGE.—A descrip20 tion of—

21 ‘‘(A) the goals and objectives for achieving

22 systems change within the State, and the

23 State’s plan for accomplishing these goals and

24 objectives, including a description of how the
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1 State will carry out the systems change activi2 ties required under section 101(b); and

3 ‘‘(B) the gaps that remain in the develop4 ment or implementation of a comprehensive,

5 consumer-responsive statewide system of tech6 nology-related assistance, and a description of

7 the strategies that the State will pursue during

8 the grant period to remedy these gaps.’’.

9 (e) ASSESSMENT.—Section 102(e)(7) of the Act is

10 amended to read as follows:

11 ‘‘(7) ASSESSMENT.—An assurance that the

12 State will conduct an annual assessment of the

13 statewide system of technology-related assistance, in

14 order to determine—

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

16 and objectives for systems change, as identified

17 in the State plan under paragraph (6), have

18 been achieved; and

19 ‘‘(B) the areas of need that require atten20 tion in the next year.’’

21 (f) ADDITIONAL REQUIREMENTS.—Section 102(e) of

22 the Act is amended—

23 (1) by redesignating paragraph (17) as para24 graph (21); and
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1 (2) by inserting after paragraph (16) new para2 graphs to read as follows:

3 ‘‘(17) UNDERSERVED GROUPS.—A description

4 of how the State will address the needs of individ5 uals with disabilities who are part of an underserved

6 group, as defined in section 3, including a descrip7 tion of the State’s plan to conduct outreach activi8 ties to these individuals.

9 ‘‘(18) TRAINING.—An assurance that the State

10 will develop and implement strategies for incorporat11 ing training on assistive technology in the training

12 that the State provides, using State or Federal

13 funds, to special education teachers and related serv14 ices personnel, rehabilitation professionals, and other

15 appropriate service providers.

16 ‘‘(19) CONSUMER ASSISTANCE, PROTECTION,

17 AND ADVOCACY.—Assurances that the State will—

18 ‘‘(A) provide protection and advocacy serv19 ices, as required under section 106, using not

20 less than the amount specified by the Secretary

21 each fiscal year for this purpose; and

22 ‘‘(B) inform individuals with disabilities,

23 or, if appropriate, their family members, guard24 ians, advocates, or authorized representatives,

25 or the availability of protection and advocacy
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1 services, and of assistance under the client as2 sistance program authorized under section 112

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

4 732).

5 ‘‘(20) INDIRECT COSTS.—An assurance that no

6 more than 15 percent of grant funds will be used for

7 indirect costs.

8 EXTENSION GRANTS

9 SEC. 7. (a) ADDITIONAL GRANT; CORRECTIVE AC10 TION.—Section 103(a) of the Act is amended—

11 (1) by inserting the paragraph designation

12 ‘‘(1)’’ and ‘‘INITIAL EXTENSION GRANT.—’’ after

13 ‘‘GENERAL AUTHORITY.—’’;

14 (2) by striking out ‘‘implementing’’ and all that

15 follows through the end thereof and inserting in lieu

16 thereof ‘‘implementing a comprehensive, consumer17 responsive statewide system of technology-related as18 sistance that incorporates the mandatory activities

19 required by section 101(b) and other activities facili20 tating systems change.’’;

21 (3) by adding at the end thereof two new para22 graphs to read as follows:

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

24 Secretary may award an additional extension grant,

25 of not more than 5 years, to any State that dem26 onstrates to the Secretary that the State—
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1 ‘‘(A) has made significant progress in

2 meeting the goals of the initial extension grant

3 it received under paragraph (1); and

4 ‘‘(B) needs additional Federal support to

5 complete systems change activities and achieve

6 the purposes of this Act.

7 ‘‘(3) LACK OF SIGNIFICANT PROGRESS.—If the

8 Secretary determines that, at the time that the State

9 applies for an extension grant under paragraph (1)

10 or an additional extension grant under paragraph

11 (2), the State has not made significant progress to

12 warrant award of the applicable grant, the State

13 may be subject to penalties or the Secretary may re14 quire the State to carry out a corrective action plan,

15 as provided in section 201(b).’’.

16 (b) APPLICATION REQUIREMENTS.—Section 103(c)

17 of the Act is amended—

18 (1) in the phrase preceding paragraph (1), by

19 striking out ‘‘under this section’’ and all that follows

20 through the colon and inserting in lieu thereof

21 ‘‘under subsection (a)(1) or an additional extension

22 grant under subsection (a)(2) shall submit an appli23 cation that contains the information and assurances

24 required for a development grant described in sec25 tion 102(e), except the preliminary needs assessment
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1 described in section 102(e)(4). The State shall follow

2 the requirements for the designation or redesigna3 tion of a responsible entity under subparagraphs (B)

4 and (C) of section 102(e)(1). The application for an

5 initial extension grant or additional extension grant

6 shall also contain the following:’’;

7 (2) in paragraph (1), by striking out ‘‘families

8 or’’ and inserting in lieu thereof ‘‘the family mem9 bers, guardians, advocates, or authorized’’;

10 (3) by amending paragraph (2) to read as fol11 lows:

12 ‘‘(2) ACTIVITIES AND PROGRESS UNDER PRE13 VIOUS GRANT.—A description of the specific activi14 ties carried out under the development grant re15 ceived under section 102, or, if applicable, under the

16 extension grant received under subsection (a)(1), in17 cluding a description of the relationship of these ac18 tivities to, and the progress made toward, the devel19 opment and implementation of a comprehensive,

20 consumer-responsive statewide system of technology

21 related-assistance.’’;

22 (4) in paragraph (4)—

23 (A) in subparagraph (B), by inserting

24 ‘‘under section 102 or the extension grant
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1 under section 103(a)(1), as appropriate’’ after

2 ‘‘development grant’’; and

3 (B) in subparagraph (C), by inserting

4 ‘‘under section 102 or the extension grant

5 under section 103(a)(1), as appropriate’’ after

6 ‘‘development grant’’;

7 (5) by striking out paragraph (6); and

8 (6) by redesignating paragraph (7) as para9 graph (6).

10 (c) ONGOING EFFORTS AND FEDERAL CONTRIBU11 TION.—Section 103 of the Act is amended by adding at

12 the end thereof two new subsections to read as follows:

13 ‘‘(d) APPLICATION FOR ADDITIONAL EXTENSION

14 GRANT.—Any State that desires to receive an extension

15 grant under section 103(a)(2) shall submit an application

16 that contains, in addition to the requirements set forth

17 in subsection (c), a description of the steps it has taken

18 or will take to continue on a permanent basis a com19 prehensive, consumer-responsive statewide system of tech20 nology-related assistance to individuals with disabilities,

21 which system shall be able to maintain, at a minimum,

22 the activities mandated in section 101(b).

23 ‘‘(e) FEDERAL AWARD FOR ADDITIONAL GRANT.—

24 (1) The amount awarded to a State under subsection

25 (a)(2) for the fourth year of the grant period shall not
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1 exceed 80 percent of the amount awarded to the State for

2 the third year of the grant period.

3 ‘‘(2) The amount awarded to a State under sub4 section (a)(2) for the fifth year of the grant period shall

5 not exceed 60 percent of the amount awarded to the State

6 for the third year of the grant period.’’.

7 PROGRESS REPORTS

8 SEC. 8. Section 104 of the Act is amended to read

9 as follows:

10 ‘‘SEC. 104. PROGRESS REPORTS.

11 ‘‘Any State that receives a grant under this title shall

12 annually submit to the Secretary a report that—

13 ‘‘(1) describes the progress the State has made,

14 as determined in the State’s annual assessment, in

15 achieving the State’s goals and objectives for sys16 tems change, as identified in the State plan under

17 section 102(e)(6), and areas of need that require at18 tention in the next year;

19 ‘‘(2) analyzes the laws, regulations, policies,

20 practices, procedures, and organizational structures

21 that the State has changed, has attempted to

22 change, or will attempt to change during the next

23 grant period, to facilitate the accessibility, provision,

24 or funding of assistive technology devices and

25 assistive technology services;
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1 ‘‘(3) describes any written policies and proce2 dures that the State has developed and implemented

3 relating to the accessibility, provision, and funding

4 of assistive technology devices and assistive tech5 nology services, including policies and procedures re6 lating to the accessibility, provision, and funding of

7 such devices and services under special education,

8 rehabilitation, and medical assistance programs;

9 ‘‘(4) describes any interagency agreements that

10 the State has developed and implemented relating to

11 accessibility, provision, and funding of assistive tech12 nology devices and assistive technology services, in13 cluding agreements that identify available resources

14 for assistive technology devices and assistive tech15 nology services and the responsibility for providing

16 for such devices and services;

17 ‘‘(5) describes activities undertaken to dissemi18 nate information about the documents or activities

19 analyzed or described in paragraphs (1) through (4),

20 including outreach activities to underserved groups;

21 ‘‘(6) describes the involvement of individuals

22 with disabilities in the planning, development, imple23 mentation, and assessment of the statewide system,

24 including activities undertaken to improve such in-
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1 volvement, such as consumer training and outreach

2 activities; and

3 ‘‘(7) describes unanticipated problems with the

4 achievement of the State’s plan for systems change

5 and activities the State has undertaken or plans to

6 undertake to rectify these problems.’’.

7 STATE AND NATIONAL RESPONSIBILITIES

8 SEC. 9. The Act is amended—

9 (1) in title II—

10 (A) by amending the heading to read as

11 follows: ‘‘STATE AND NATIONAL RE12 SPONSIBILITIES’’; and

13 (B) by repealing parts A through D; and

14 (2) by redesignating sections 105, 106, and

15 107, as sections 201, 204, and 202, respectively.

16 SYSTEMS CHANGE PLANS; PROTECTION AND ADVOCACY

17 SEC. 10. Title I of the Act is amended by adding at

18 the end thereof two new sections to read as follows:

19 ‘‘SEC. 105. TIMETABLE FOR SYSTEMS CHANGE PLAN.

20 ‘‘Any State that receives a grant under this title shall

21 transmit to the Secretary a plan for systems change, as

22 described in section 102(e)(6), by the earlier of—

23 ‘‘(1) 12 months after enactment of the Tech24 nology-Related Assistance Amendments of 1993’’; or
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1 ‘‘(2) the date on which the State submits an

2 application for an extension grant under section

3 103(a)(1) or 103(a)(2).

4 ‘‘SEC. 106. PROTECTION AND ADVOCACY SERVICES.

5 ‘‘(a) IN GENERAL.—Each State receiving a grant

6 under this title shall provide protection and advocacy serv7 ices relating to technology-related assistance to individuals

8 with disabilities, using not less than the amount specified

9 by the Secretary for this purpose, as provided in sub10 section (b).

11 ‘‘(b) CALCULATION OF EXPENDITURES.—(1) For fis12 cal years 1994 through 1996, the Secretary shall calculate

13 the minimum amount each State receiving a grant under

14 this title shall use to provide protection and advocacy serv15 ices, based on the same ratio as the population of that

16 State bears to the population of all States receiving funds

17 under this title, subject to paragraph (2).

18 ‘‘(2) For fiscal years 1994 through 1996—

19 ‘‘(A) such minimum amount shall be not less

20 than $40,000 or greater than $100,000; and

21 ‘‘(B) the total amount specified by the Sec22 retary to be used by States for such services shall

23 be not less than $2,500,000.

24 ‘‘(3) For fiscal year 1997, the minimum amount spec25 ified for each State by the Secretary shall equal 80 percent
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1 of the minimum amount specified to be used for fiscal year

2 1996 for such purpose.

3 ‘‘(4) For fiscal year 1998, the minimum amount spec4 ified for each State by the Secretary shall equal 60 percent

5 of the minimum amount specified to be used for fiscal year

6 1996 for such purpose.

7 ‘‘(c) SELECTION OF ORGANIZATION.—(1) Except as

8 provided under paragraph (2), from the minimum amount

9 specified by the Secretary under subsection (b) and such

10 other funds as the State may allocate, the responsible

11 State entity designated under section 102(e)(1) shall

12 award a contract or grant to the entity established for pro13 tection and advocacy services under the Developmental

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

15 6041 et seq.).

16 ‘‘(2)(A) The responsible State entity may select an

17 organization other than the entity specified in paragraph

18 (1), if the responsible State entity—

19 ‘‘(i) can demonstrate good cause for such selec20 tion, to the satisfaction of the Governor; and

21 ‘‘(ii) has given the entity specified in paragraph

22 (1) and individuals with disabilities, or, as appro23 priate, their family members, guardians, advocates,

24 or authorized representatives, 30 days notice of its

25 intention to make such a selection, including an ex-
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1 planation for making such a selection, and an oppor2 tunity to respond to the assertion that good cause

3 has been shown.

4 ‘‘(B) The entity specified under paragraph (1) may

5 appeal the selection provided in subparagraph (A) to the

6 Secretary on the basis that the selection was not for good

7 cause.

8 ‘‘(d) TERRITORIES.—For purposes of this section,

9 the term ‘State’ does not include the Virgin Islands,

10 Guam, American Samoa, the Commonwealth of the North11 ern Mariana Islands, or the Republic of Palau.’’.

12 ASSISTANCE UNDER OTHER LAWS

13 SEC. 11. Section 201(c) of the Act (as redesignated

14 in section 9 of this Act) is amended—

15 (1) by inserting ‘‘any other Federal laws, in16 cluding’’ after ‘‘under’’; and

17 (2) in paragraph (3), by striking out ‘‘or’’ and

18 inserting in lieu thereof ‘‘and’’.

19 EVALUATION AND DATA COLLECTION

20 SEC. 12. Section 202 of the Act (as redesignated in

21 section 9 of this Act) is amended—

22 (1) by striking out subsections (a) and (b);

23 (2) by redesignating subsection (c) as sub24 section (a); and

25 (3) by adding at the end thereof a new sub26 section to read as follows:
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1 ‘‘(b) OTHER EVALUATION AND DATA COLLECTION

2 ACTIVITIES.—The Secretary may conduct such evaluation

3 activities as the Secretary deems necessary to monitor the

4 progress of States and evaluate program effectiveness. In

5 order to conduct such activities, the Secretary may collect

6 data and other types of information from States receiving

7 grants under this Act, or from other sources.’’.

8 TECHNICAL ASSISTANCE

9 SEC. 13. Title II of the Act is amended by inserting

10 after section 202 a new section to read as follows:

11 ‘‘SEC. 203. TECHNICAL ASSISTANCE AND INFORMATION.

12 ‘‘(a) TECHNICAL ASSISTANCE.—(1) The Secretary

13 shall provide technical assistance with respect to the plan14 ning, development, implementation, and assessment of

15 comprehensive, consumer-responsive statewide systems of

16 technology-related assistance. Such assistance shall in17 clude—

18 ‘‘(A) the provision of information and technical

19 assistance regarding—

20 ‘‘(i) effective approaches to carrying out

21 the activities mandated under section 101(b);

22 ‘‘(ii) effective approaches to carrying out

23 the activities authorized under section 101(c),

24 including effective approaches to carrying out

25 outreach activities to underserved groups;
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1 ‘‘(iii) mechanisms for making a successful

2 transition from planning for systems change to

3 its development and implementation, including

4 mechanisms for assessing the effectiveness of

5 the system;

6 ‘‘(iv) Federal, State, and local laws, regula7 tions, and practices that facilitate access to,

8 provision of, and funding for, assistive tech9 nology devices and assistive technology services;

10 and

11 ‘‘(v) State and local initiatives that are di12 rected toward achieving the goals of this Act;

13 and

14 ‘‘(B) such other activities as the Secretary con15 siders appropriate.

16 ‘‘(2) The Secretary shall make such assistance avail17 able to—

18 ‘‘(A) States;

19 ‘‘(B) organizations providing client assistance

20 or protection and advocacy services for individuals

21 with disabilities; and

22 ‘‘(C) other appropriate public or private organi23 zations or agencies.

24 ‘‘(b) INFORMATION AND DISSEMINATION.—(1) The

25 Secretary shall periodically collect, analyze, and dissemi-
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1 nate, on a national basis, information on Federal, State,

2 and local policies and decisions (including decisions as a

3 result of administrative or judicial hearings) that relate

4 to obtaining funding for assistive technology devices and

5 assistive technology services for individuals with disabil6 ities.

7 ‘‘(2) The Secretary shall make such information

8 available to—

9 ‘‘(A) States;

10 ‘‘(B) organizations providing client assistance

11 or protection and advocacy services for individuals

12 with disabilities;

13 ‘‘(C) other appropriate public or private organi14 zations or agencies;

15 ‘‘(D) individuals with disabilities and their fam16 ily members, guardians, advocates, and authorized

17 representatives;

18 ‘‘(E) individuals who work in appropriate public

19 or private organizations (including insurers);

20 ‘‘(F) employers; and

21 ‘‘(G) other appropriate individuals.’’.

22 AUTHORIZATION OF APPROPRIATIONS

23 SEC. 14. (a) IN GENERAL.—Section 204(a) of the

24 Act (as redesignated in section 9 of this Act) is amended

25 by striking out ‘‘title $9,000,000’’ and all that follows

26 through the end thereof and inserting in lieu thereof ‘‘Act
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1 $37,744,000 for fiscal year 1994 and such sums as may

2 be necessary for each of the fiscal years 1995 through

3 1998.’’.

4 (b) RESERVATION OF FUNDS.—Section 204(b) of the

5 Act is amended—

6 (1) in paragraph (1)—

7 (A) by striking out ‘‘reserve 1 percent’’

8 and inserting in lieu thereof ‘‘reserve at least 2

9 percent’’;

10 (B) by striking out ‘‘$500,000’’ and insert11 ing in lieu thereof ‘‘not less than $1,500,000’’;

12 and

13 (C) by striking out ‘‘States’’ and all that

14 follows through the end thereof and inserting in

15 lieu thereof ‘‘technical assistance and informa16 tion, as required by section 203.’’; and

17 (2) in paragraph (2)—

18 (A) by striking out ‘‘ONSITE VISITS’’ and

19 inserting in lieu thereof ‘‘REVIEW AND EVALUA20 TION’’; and

21 (B) by striking out ‘‘conducting’’ and all

22 that follows through the end thereof and insert23 ing in lieu thereof ‘‘reviewing participating

24 States, as required by section 201(a), including

25 the conduct of onsite visits and use of field
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1 readers, and evaluating State programs, as pro2 vided in section 202, including data collection

3 activities.’’.

4 TECHNICAL AND CONFORMING AMENDMENTS

5 SEC. 15. The Act is further amended—

6 (1) by striking out ‘‘the Trust Territory of the

7 Pacific Islands’’ each place it appears and inserting

8 in lieu thereof ‘‘the Republic of Palau (until the

9 Compact of Free Association with Palau takes ef10 fect)’’;

11 (2) by striking out ‘‘statewide program’’ each

12 place it appears and inserting in lieu thereof ‘‘state13 wide system’’;

14 (3) by striking out ‘‘statewide programs’’ each

15 place it appears and inserting in lieu thereof ‘‘state16 wide systems’’;

17 (4) in section 1, by striking out ‘‘With’’ and in18 serting in lieu thereof ‘‘with’’;

19 (5) in section 3—

20 (A) in paragraph (2), by striking out ‘‘in21 dividual with a disability’’ and inserting in lieu

22 thereof ‘‘individual with disabilities’’;

23 (B) in paragraph (7), by striking out

24 ‘‘functions performed and’’; and

25 (C) in paragraph (8), by striking out

26 ‘‘have’’ and inserting in lieu thereof ‘‘has’’;
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1 (6) in section 101—

2 (A) in subsection (a), by striking out ‘‘of

3 Education’’; and

4 (B) in subsection (c)—

5 (i) in paragraph (4), by striking out

6 ‘‘a program’’ each place it appears and in7 serting in lieu thereof ‘‘program’’;

8 (ii) in paragraph (6)(B), by striking

9 out ‘‘sources, conditions of and criteria

10 for’’ and inserting in lieu thereof ‘‘sources,

11 and conditions of, and criteria for,’’; and

12 (iii) in paragraph (7), by striking out

13 ‘‘of all ages’’;

14 (7) in section 102—

15 (A) by striking out ‘‘under section 106’’

16 each place it appears and inserting in lieu

17 thereof ‘‘under section 204’’;

18 (B) in subsection (c)(3)(C), by striking out

19 ‘‘State relating to the development of a state20 wide’’ and inserting in lieu thereof ‘‘State or

21 territory concerned relating to the development

22 of a statewide or territory-wide’’; and

23 (C) in subsection (e)—
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1 (i) in paragraph (4), by striking out

2 ‘‘tentative’’ and inserting in lieu thereof

3 ‘‘preliminary’’;

4 (ii) in paragraph (6)—

5 (I) by striking out ‘‘FUNC6 TIONS,’’;

7 (II) by striking out ‘‘functions,’’;

8 and

9 (III) by striking out ‘‘section

10 2(b)(1)’’ and inserting in lieu thereof

11 ‘‘section 2(b)’’; and

12 (iii) in paragraph (10), by striking out

13 ‘‘title’’ and inserting in lieu thereof ‘‘Act’’;

14 (8) in section 103, in subsection (b), by striking

15 out ‘‘under section 106’’ each place it appears and

16 inserting in lieu thereof ‘‘under section 204’’;

17 (9) in section 201 (as redesignated in section 9

18 of this Act)—

19 (A) in subsection (a)(3)—

20 (i) by inserting a comma after ‘‘mini21 mum’’; and

22 (ii) by striking out ‘‘section 2(b)(1)’’

23 and inserting in lieu thereof ‘‘section

24 2(b)’’; and

25 (B) in subsection (c)—
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1 (i) by striking out ‘‘in this title’’ and

2 inserting in lieu thereof ‘‘in this Act’’; and

3 (ii) by inserting a comma after ‘‘avail4 able’’ and ‘‘eligibility’’; and

5 (10) in section 202(a) (as redesignated in sec6 tion 9 of this Act), by striking out ‘‘this title’’ and

7 inserting in lieu thereof ‘‘title I’’.

8 EFFECTIVE DATE

9 SEC. 16. This Act shall take effect on October 1,

10 1993.

Æ

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