```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2339 Engrossed Amendment House (EAH)]

103d CONGRESS

  2d Session

                               H. R. 2339

_______________________________________________________________________

                               AMENDMENT

                                   TO

                            SENATE AMENDMENT
                In the House of Representatives, U. S.,

                                                      February 8, 1994.
      Resolved, That the House agree to the amendment of the Senate to 
the bill (H.R. 2339) entitled ``An Act to revise and extend the 
programs of the Technology-Related Assistance for Individuals With 
Disabilities Act of 1988, and for other purposes'', with the following

                               AMENDMENT:

        In lieu of the matter inserted by said amendment, insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Technology-Related 
Assistance for Individuals With Disabilities Act Amendments of 1994''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Findings, purposes, and policy.
Sec. 4. Definitions.

                       TITLE I--GRANTS TO STATES

Sec. 101. Program authorized.
Sec. 102. Development grants.
Sec. 103. Extension grants.
Sec. 104. Progress criteria and reports.
Sec. 105. Administrative provisions.
Sec. 106. Authorization of appropriations.
Sec. 107. Repeals.

              TITLE II--PROGRAMS OF NATIONAL SIGNIFICANCE

Sec. 201. National classification system.
Sec. 202. Training and demonstration projects.

              TITLE III--ALTERNATIVE FINANCING MECHANISMS

Sec. 301. Alternative financing mechanisms authorized.

                   TITLE IV--AMENDMENTS TO OTHER ACTS

Sec. 401. Individuals with Disabilities Education Act.
Sec. 402. Rehabilitation Act of 1973.
Sec. 403. Administrative requirements under the Head Start Act.
Sec. 404. Technical and conforming amendments.

                        TITLE V--EFFECTIVE DATE

Sec. 501. Effective date.

SEC. 2. REFERENCES.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the 
Technology-Related Assistance for Individuals With Disabilities Act of 
1988 (29 U.S.C. 2201 et seq.).

SEC. 3. FINDINGS, PURPOSES, AND POLICY.

    (a) Section Heading.--Section 2 (29 U.S.C. 2201) is amended by 
striking the heading and inserting the following:

``SEC. 2. FINDINGS, PURPOSES, AND POLICY.''.

    (b) Findings.--Section 2(a) (29 U.S.C. 2201(a)) is amended to read 
as follows:
    ``(a) Findings.--The Congress finds as follows:
            ``(1) Disability is a natural part of the human experience 
        and in no way diminishes the right of individuals to--
                    ``(A) live independently;
                    ``(B) enjoy self-determination;
                    ``(C) make choices;
                    ``(D) pursue meaningful careers; and
                    ``(E) enjoy full inclusion and integration in the 
                economic, political, social, cultural, and educational 
                mainstream of American society.
            ``(2) During the past decade, there have been major 
        advances in modern technology. Technology is now a powerful 
        force in the lives of all residents of the United States. 
        Technology can provide important tools for making the 
        performance of tasks quicker and easier.
            ``(3) For some individuals with disabilities, assistive 
        technology devices and assistive technology services are 
        necessary to enable the individuals--
                    ``(A) to have greater control over their lives;
                    ``(B) to participate in, and contribute more fully 
                to, activities in their home, school, and work 
                environments, and in their communities;
                    ``(C) to interact to a greater extent with 
                individuals who do not have disabilities; and
                    ``(D) to otherwise benefit from opportunities that 
                are taken for granted by individuals who do not have 
                disabilities.
            ``(4) Substantial progress has been made in the development 
        of assistive technology devices, including adaptations to 
        existing equipment, that significantly benefit individuals with 
        disabilities of all ages. Such devices can be used to increase 
        the involvement of such individuals in, and reduce expenditures 
        associated with, programs and activities such as early 
        intervention, education, rehabilitation and training, 
        employment, residential living, independent living, recreation, 
        and other aspects of daily living.
            ``(5) Most States have technology-related assistance 
        programs carried out under this Act. In spite of the efforts 
        made by such programs, there remains a need to support systems 
        change and advocacy activities in order to assist States to 
        develop and implement consumer-responsive, comprehensive 
        statewide programs of technology-related assistance for 
        individuals with disabilities of all ages.
            ``(6) Notwithstanding the efforts of such State technology-
        related assistance programs, there is still a lack of--
                    ``(A) resources to pay for assistive technology 
                devices and assistive technology services;
                    ``(B) trained personnel to assist individuals with 
                disabilities to use such devices and services;
                    ``(C) information among individuals with 
                disabilities and their family members, guardians, 
                advocates, and authorized representatives, individuals 
                who work for public agencies, or for private entities 
                (including insurers), that have contact with 
                individuals with disabilities, educators and related 
                service personnel, technology experts (including 
                engineers), employers, and other appropriate 
                individuals about the availability and potential of 
                technology for individuals with disabilities;
                    ``(D) aggressive outreach to underrepresented 
                populations and rural populations;
                    ``(E) systems that ensure timely acquisition and 
                delivery of assistive technology devices and assistive 
                technology services, particularly with respect to 
                children;
                    ``(F) coordination among State human services 
                programs, and between such programs and private 
                entities, particularly with respect to transitions 
                between such programs and entities; and
                    ``(G) capacity in such programs to provide the 
                necessary technology-related assistance.
            ``(7) Many individuals with disabilities cannot access 
        existing telecommunications and information technologies and 
        are at risk of not being able to access developing 
        technologies. The failure of Federal and State governments, 
        hardware manufacturers, software designers, information systems 
        managers, and telecommunications service providers to account 
        for the specific needs of individuals with disabilities results 
        in the exclusion of such individuals from the use of 
        telecommunications and information technologies and results in 
        unnecessary costs associated with the retrofitting of devices 
        and product systems.
            ``(8) There are insufficient incentives for the commercial 
        pursuit of the application of technology devices to meet the 
        needs of individuals with disabilities, because of the 
        perception that such individuals constitute a limited market.
            ``(9) At the Federal level, there is a lack of coordination 
        among agencies that provide or pay for the provision of 
        assistive technology devices and assistive technology services. 
        In addition, the Federal Government does not provide adequate 
        assistance and information with respect to the use of assistive 
        technology devices and assistive technology services to 
        individuals with disabilities and their family members, 
        guardians, advocates, and authorized representatives, 
        individuals who work for public agencies, or for private 
        entities (including insurers), that have contact with 
        individuals with disabilities, educators and related services 
        personnel, technology experts (including engineers), employers, 
        and other appropriate individuals.''.
    (c) Purposes.--Section 2(b) (29 U.S.C. 2201(b)) is amended to read 
as follows:
    ``(b) Purposes.--The purposes of this Act are as follows:
            ``(1) To provide financial assistance to the States to 
        support systems change and advocacy activities designed to 
        assist each State in developing and implementing a consumer-
        responsive comprehensive statewide program of technology-
        related assistance, for individuals with disabilities of all 
        ages, that is designed to--
                    ``(A) increase the availability of, funding for, 
                access to, and provision of, assistive technology 
                devices and assistive technology services;
                    ``(B) increase the active involvement of 
                individuals with disabilities and their family members, 
                guardians, advocates, and authorized representatives, 
                in the planning, development, implementation, and 
                evaluation of such a program;
                    ``(C) increase the involvement of individuals with 
                disabilities and, if appropriate, their family members, 
                guardians, advocates, or authorized representatives, in 
                decisions related to the provision of assistive 
                technology devices and assistive technology services;
                    ``(D) increase the provision of outreach to 
                underrepresented populations and rural populations, to 
                enable the two populations to enjoy the benefits of 
                programs carried out to accomplish purposes described 
                in this paragraph to the same extent as other 
                populations;
                    ``(E) increase and promote coordination among State 
                agencies, and between State agencies and private 
                entities, that are involved in carrying out activities 
                under this title, particularly providing assistive 
                technology devices and assistive technology services, 
                that accomplish a purpose described in another 
                subparagraph of this paragraph;
                    ``(F)(i) increase the awareness of laws, 
                regulations, policies, practices, procedures, and 
                organizational structures, that facilitate the 
                availability or provision of assistive technology 
                devices and assistive technology services; and
                    ``(ii) facilitate the change of laws, regulations, 
                policies, practices, procedures, and organizational 
                structures, that impede the availability or provision 
                of assistive technology devices and assistive 
                technology services;
                    ``(G) increase the probability that individuals 
                with disabilities of all ages will, to the extent 
                appropriate, be able to secure and maintain possession 
                of assistive technology devices as such individuals 
                make the transition between services offered by human 
                service agencies or between settings of daily living;
                    ``(H) enhance the skills and competencies of 
                individuals involved in providing assistive technology 
                devices and assistive technology services;
                    ``(I) increase awareness and knowledge of the 
                efficacy of assistive technology devices and assistive 
                technology services among--
                            ``(i) individuals with disabilities and 
                        their family members, guardians, advocates, and 
                        authorized representatives;
                            ``(ii) individuals who work for public 
                        agencies, or for private entities (including 
                        insurers), that have contact with individuals 
                        with disabilities;
                            ``(iii) educators and related services 
                        personnel;
                            ``(iv) technology experts (including 
                        engineers);
                            ``(v) employers; and
                            ``(vi) other appropriate individuals;
                    ``(J) increase the capacity of public agencies and 
                private entities to provide and pay for assistive 
                technology devices and assistive technology services on 
                a statewide basis for individuals with disabilities of 
                all ages; and
                    ``(K) increase the awareness of the needs of 
                individuals with disabilities for assistive technology 
                devices and for assistive technology services.
            ``(2) To identify Federal policies that facilitate payment 
        for assistive technology devices and assistive technology 
        services, to identify Federal policies that impede such 
        payment, and to eliminate inappropriate barriers to such 
        payment.
            ``(3) To enhance the ability of the Federal Government to 
        provide States with--
                    ``(A) technical assistance, information, training, 
                and public awareness programs relating to the provision 
                of assistive technology devices and assistive 
                technology services; and
                    ``(B) funding for demonstration projects.''.
    (d) Policy.--Section 2 (29 U.S.C. 2201) is amended by adding at the 
end the following:
    ``(c) Policy.--It is the policy of the United States that all 
programs, projects, and activities receiving assistance under this Act 
shall be consumer-responsive and shall be carried out in a manner 
consistent with the principles of--
            ``(1) respect for individual dignity, personal 
        responsibility, self-determination, and pursuit of meaningful 
        careers, based on informed choice, of individuals with 
        disabilities;
            ``(2) respect for the privacy, rights, and equal access 
        (including the use of accessible formats), of such individuals;
            ``(3) inclusion, integration, and full participation of 
        such individuals;
            ``(4) support for the involvement of a family member, a 
        guardian, an advocate, or an authorized representative, if an 
        individual with a disability requests, desires, or needs such 
        support; and
            ``(5) support for individual and systems advocacy and 
        community involvement.''.

SEC. 4. DEFINITIONS.

    Section 3 (29 U.S.C. 2202) is amended--
            (1) by redesignating paragraphs (1) through (8) as 
        paragraphs (2), (3), (7), (8), (10), (11), (13), and (14), 
        respectively;
            (2) by inserting before paragraph (2) (as redesignated by 
        paragraph (1)) the following:
            ``(1) Advocacy services.--The term `advocacy services', 
        except as used as part of the term `protection and advocacy 
        services', means services--
                    ``(A) provided to assist individuals with 
                disabilities and their family members, guardians, 
                advocates, and authorized representatives in accessing 
                assistive technology devices and assistive technology 
                services; and
                    ``(B) provided through--
                            ``(i) individual case management for 
                        individuals with disabilities;
                            ``(ii) representation of individuals with 
                        disabilities (other than representation within 
                        the definition of protection and advocacy 
                        services);
                            ``(iii) training of individuals with 
                        disabilities and their family members, 
                        guardians, advocates, and authorized 
                        representatives to successfully conduct 
                        advocacy for themselves; or
                            ``(iv) dissemination of information.'';
            (3) in paragraph (3)(E) (as redesignated by paragraph (1)), 
        by striking ``family'' and all that follows and inserting ``the 
        family members, guardians, advocates, or authorized 
        representatives of such an individual; and'';
            (4) by inserting after paragraph (3) (as redesignated by 
        paragraph (1)) the following:
            ``(4) Comprehensive statewide program of technology-related 
        assistance.--The term `comprehensive statewide program of 
        technology-related assistance' means a statewide program of 
        technology-related assistance developed and implemented by a 
        State under title I that--
                    ``(A) addresses the needs of all individuals with 
                disabilities, including members of underrepresented 
                populations and members of rural populations;
                    ``(B) addresses such needs without regard to the 
                age, type of disability, race, ethnicity, or gender of 
                such individuals, or the particular major life activity 
                for which such individuals need the assistance; and
                    ``(C) addresses such needs without requiring that 
                the assistance be provided through any particular 
                agency or service delivery system.
            ``(5) Consumer-responsive.--The term `consumer-responsive' 
        means, with respect to an entity, program, or activity, that 
        the entity, program, or activity--
                    ``(A) is easily accessible to, and usable by, 
                individuals with disabilities and, when appropriate, 
                their family members, guardians, advocates, or 
                authorized representatives;
                    ``(B) responds to the needs of individuals with 
                disabilities in a timely and appropriate manner; and
                    ``(C) facilitates the full and meaningful 
                participation of individuals with disabilities 
                (including individuals from underrepresented 
                populations and rural populations) and their family 
                members, guardians, advocates, and authorized 
                representatives, in--
                            ``(i) decisions relating to the provision 
                        of assistive technology devices and assistive 
                        technology services; and
                            ``(ii) the planning, development, 
                        implementation, and evaluation of the 
                        comprehensive statewide program of technology-
                        related assistance.
            ``(6) Disability.--The term `disability' means a condition 
        of an individual that is considered to be a disability or 
        handicap for the purposes of any Federal law other than this 
        Act or for the purposes of the law of the State in which the 
        individual resides.'';
            (5) by striking paragraph (7) (as redesignated by paragraph 
        (1)) and inserting the following:
            ``(7) Individual with a disability; individuals with 
        disabilities.--
                    ``(A) Individual with a disability.--The term 
                `individual with a disability' means any individual--
                            ``(i) who has a disability; and
                            ``(ii) who is or would be enabled by an 
                        assistive technology device or an assistive 
                        technology service to minimize deterioration in 
                        functioning, to maintain a level of 
                        functioning, or to achieve a greater level of 
                        functioning in any major life activity.
                    ``(B) Individuals with disabilities.--The term 
                `individuals with disabilities' means more than one 
                individual with a disability.'';
            (6) in paragraph (8) (as redesignated by paragraph (1))--
                    (A) by striking ``section 435(b)'' and inserting 
                ``section 1201(a)''; and
                    (B) by striking ``1965'' and inserting ``1965 (20 
                U.S.C. 1141(a))'';
            (7) by inserting after paragraph (8) (as redesignated by 
        paragraph (1)) the following:
            ``(9) Protection and advocacy services.--The term 
        `protection and advocacy services' means services that--
                    ``(A) are described in part C of the Developmental 
                Disabilities Assistance and Bill of Rights Act (42 
                U.S.C. 6041 et seq.), the Protection and Advocacy for 
                Mentally Ill Individuals Act (42 U.S.C. 10801 et seq.), 
                or section 509 of the Rehabilitation Act of 1973 (29 
                U.S.C. 794e); and
                    ``(B) assist individuals with disabilities with 
                respect to assistive technology devices and assistive 
                technology services.'';
            (8) in paragraph (11) (as redesignated by paragraph (1))--
                    (A) by striking ``several States'' and inserting 
                ``several States of the United States'';
                    (B) by striking ``Virgin Islands'' and inserting 
                ``United States Virgin Islands''; and
                    (C) by striking ``the Trust Territory of the 
                Pacific Islands'' and inserting ``the Republic of Palau 
                (until the Compact of Free Association with Palau takes 
                effect)'';
            (9) by inserting after such paragraph (11) the following:
            ``(12) Systems change and advocacy activities.--The term 
        `systems change and advocacy activities' means efforts that 
        result in laws, regulations, policies, practices, or 
        organizational structures that promote consumer-responsive 
        programs or entities and that facilitate and increase access 
        to, provision of, and funding for, assistive technology devices 
        and assistive technology services on a permanent basis, in 
        order to empower individuals with disabilities to achieve 
        greater independence, productivity, and integration and 
        inclusion within the community and the work force.'';
            (10) in paragraph (13) (as redesignated by paragraph (1))--
                    (A) by striking ``functions performed and 
                activities carried out under section 101'' and 
                inserting ``assistance provided through systems change 
                and advocacy activities''; and
                    (B) by inserting ``any of subparagraphs (A) through 
                (K) of'' before ``section 2(b)(1)''; and
            (11) by amending paragraph (14) (as redesignated by 
        paragraph (1)) to read as follows:
            ``(14) Underrepresented population.--The term 
        `underrepresented population' includes a population such as 
        minorities, the poor, and persons with limited-English 
        proficiency.''.

                       TITLE I--GRANTS TO STATES

SEC. 101. PROGRAM AUTHORIZED.

    (a) Grants to States.--Section 101(a) (29 U.S.C. 2211(a)) is 
amended--
            (1) by inserting after ``provisions of this title'' the 
        following: ``to support systems change and advocacy activities 
        designed''; and
            (2) by striking ``to develop and implement'' and inserting 
        ``in developing and implementing''.
    (b) Activities.--Section 101 (29 U.S.C. 2211) is amended by 
striking subsections (b) and (c) and inserting the following:
    ``(b) Activities.--Any State that receives a grant under section 
102 or 103 shall use the funds made available through the grant to 
accomplish the purposes described in section 2(b)(1) and, in 
accomplishing such purposes, may carry out any of the following systems 
change and advocacy activities:
            ``(1) Model systems and alternative state-financed 
        systems.--The State may support activities to increase access 
        to, and funding for, assistive technology, including--
                    ``(A) the development, and evaluation of the 
                efficacy, of model delivery systems that provide 
                assistive technology devices and assistive technology 
                services to individuals with disabilities, that pay for 
                such devices and services, and that, if successful, 
                could be replicated or generally applied, such as--
                            ``(i) the development of systems for the 
                        purchase, lease, other acquisition, or payment 
                        for the provision, of assistive technology 
                        devices and assistive technology services; or
                            ``(ii) the establishment of alternative 
                        State or privately financed systems of 
                        subsidies for the provision of assistive 
                        technology devices and assistive technology 
                        services, such as--
                                    ``(I) a loan system for assistive 
                                technology devices;
                                    ``(II) an income-contingent loan 
                                fund;
                                    ``(III) a low-interest loan fund;
                                    ``(IV) a revolving loan fund;
                                    ``(V) a loan insurance program; or
                                    ``(VI) a partnership with private 
                                entities for the purchase, lease, or 
                                other acquisition of assistive 
                                technology devices and the provision of 
                                assistive technology services;
                    ``(B) the demonstration of assistive technology 
                devices, including--
                            ``(i) the provision of a location or 
                        locations within the State where--
                                    ``(I) individuals with disabilities 
                                and their family members, guardians, 
                                advocates, and authorized 
                                representatives;
                                    ``(II) education, rehabilitation, 
                                health care, and other service 
                                providers;
                                    ``(III) individuals who work for 
                                Federal, State, or local government 
                                entities; and
                                    ``(IV) employers,
                        can see and touch assistive technology devices, 
                        and learn about the devices from personnel who 
                        are familiar with such devices and their 
                        applications;
                            ``(ii) the provision of counseling and 
                        assistance to individuals with disabilities and 
                        their family members, guardians, advocates, and 
                        authorized representatives to determine 
                        individual needs for assistive technology 
                        devices and assistive technology services; and
                            ``(iii) the demonstration or short-term 
                        loan of assistive technology devices to 
                        individuals, employers, public agencies, or 
                        public accommodations seeking strategies to 
                        comply with the Americans with Disabilities Act 
                        of 1990 (42 U.S.C. 12101 et seq.) and section 
                        504 of the Rehabilitation Act of 1973 (29 
                        U.S.C. 794); and
                    ``(C) the establishment of information systems 
                about, and recycling centers for, the redistribution of 
                assistive technology devices and equipment that may 
                include device and equipment loans, rentals, or gifts.
            ``(2) Interagency coordination.--The State may support 
        activities--
                    ``(A) to identify and coordinate Federal and State 
                policies, resources, and services, relating to the 
                provision of assistive technology devices and assistive 
                technology services, including entering into 
                interagency agreements;
                    ``(B) to convene interagency work groups to enhance 
                public funding options and coordinate access to funding 
                for assistive technology devices and assistive 
                technology services for individuals with disabilities 
                of all ages, with special attention to the issues of 
                transition (such as transition from school to work, and 
                transition from participation in programs under part H 
                of the Individuals with Disabilities Education Act (20 
                U.S.C. 1471 et seq.), to participation in programs 
                under part B of such Act (20 U.S.C. 1411 et seq.)) home 
                use, and individual involvement in the identification, 
                planning, use, delivery, and evaluation of such devices 
                and services; or
                    ``(C) to document and disseminate information about 
                interagency activities that promote coordination with 
                respect to assistive technology devices and assistive 
                technology services, including evidence of increased 
                participation of State and local special education, 
                vocational rehabilitation, and State medical assistance 
                agencies and departments.
            ``(3) Outreach.--The State may carry out activities to 
        encourage the creation or maintenance of, support, or provide 
        assistance to, statewide and community-based organizations, or 
        systems, that provide assistive technology devices and 
        assistive technology services to individuals with disabilities 
        or that assist individuals with disabilities in using assistive 
        technology devices and assistive technology services. Such 
        activities may include outreach to consumer organizations and 
        groups in the State to coordinate the activities of the 
        organizations and groups with efforts (including self-help, 
        support groups, and peer mentoring) to assist individuals with 
        disabilities and their family members, guardians, advocates, or 
        authorized representatives, to obtain funding for, and access 
        to, assistive technology devices and assistive technology 
        services.
            ``(4) Expenses.--The State may pay for expenses, including 
        travel expenses, and services, including services of qualified 
        interpreters, readers, and personal care assistants, that may 
        be necessary to ensure access to the comprehensive statewide 
        program of technology-related assistance by individuals with 
        disabilities who are determined by the State to be in financial 
        need.
            ``(5) Statewide needs assessment.--The State may conduct a 
        statewide needs assessment that may be based on data in 
        existence on the date on which the assessment is initiated and 
        may include--
                    ``(A) estimates of the numbers of individuals with 
                disabilities within the State, categorized by 
                residence, type and extent of disabilities, age, race, 
                gender, and ethnicity;
                    ``(B) in the case of an assessment carried out 
                under a development grant, a description of efforts, 
                during the fiscal year preceding the first fiscal year 
                for which the State received such a grant, to provide 
                assistive technology devices and assistive technology 
                services to individuals with disabilities within the 
                State, including--
                            ``(i) the number of individuals with 
                        disabilities who received appropriate assistive 
                        technology devices and assistive technology 
                        services; and
                            ``(ii) a description of the devices and 
                        services provided;
                    ``(C) information on the number of individuals with 
                disabilities who are in need of assistive technology 
                devices and assistive technology services, and a 
                description of the devices and services needed;
                    ``(D) information on the cost of providing 
                assistive technology devices and assistive technology 
                services to all individuals with disabilities within 
                the State who need such devices and services;
                    ``(E) a description of State and local public 
                resources and private resources (including insurance) 
                that are available to establish a consumer-responsive 
                comprehensive statewide program of technology-related 
                assistance;
                    ``(F) information identifying Federal and State 
                laws, regulations, policies, practices, procedures, and 
                organizational structures, that facilitate or interfere 
                with the operation of a consumer-responsive 
                comprehensive statewide program of technology-related 
                assistance;
                    ``(G) a description of the procurement policies of 
                the State and the extent to which such policies will 
                ensure, to the extent practicable, that assistive 
                technology devices purchased, leased, or otherwise 
                acquired with assistance made available through a grant 
                made under section 102 or 103 are compatible with other 
                technology devices, including technology devices 
                designed primarily for use by--
                            ``(i) individuals who are not individuals 
                        with disabilities;
                            ``(ii) individuals who are elderly; or
                            ``(iii) individuals with particular 
                        disabilities; and
                    ``(H) information resulting from an inquiry about 
                whether a State agency or task force (composed of 
                individuals representing the State and individuals 
                representing the private sector) should study the 
                practices of private insurance companies holding 
                licenses within the State that offer health or 
                disability insurance policies under which an individual 
                may obtain reimbursement for--
                            ``(i) the purchase, lease, or other 
                        acquisition of assistive technology devices; or
                            ``(ii) the use of assistive technology 
                        services.
            ``(6) Public awareness program.--
                    ``(A) In general.--The State may--
                            ``(i) support a public awareness program 
                        designed to provide information relating to the 
                        availability and efficacy of assistive 
                        technology devices and assistive technology 
                        services for--
                                    ``(I) individuals with disabilities 
                                and their family members, guardians, 
                                advocates, or authorized 
                                representatives;
                                    ``(II) individuals who work for 
                                public agencies, or for private 
                                entities (including insurers), that 
                                have contact with individuals with 
                                disabilities;
                                    ``(III) educators and related 
                                services personnel;
                                    ``(IV) technology experts 
                                (including engineers);
                                    ``(V) employers; and
                                    ``(VI) other appropriate 
                                individuals and entities; or
                            ``(ii) establish and support such a program 
                        if no such program exists.
                    ``(B) Contents.--Such a public awareness program 
                may include--
                            ``(i) the development and dissemination of 
                        information relating to--
                                    ``(I) the nature of assistive 
                                technology devices and assistive 
                                technology services;
                                    ``(II) the appropriateness, cost, 
                                and availability of, and access to, 
                                assistive technology devices and 
                                assistive technology services; and
                                    ``(III) the efficacy of assistive 
                                technology devices and assistive 
                                technology services with respect to 
                                enhancing the capacity of individuals 
                                with disabilities;
                            ``(ii) the development of procedures for 
                        providing direct communication among public 
                        providers of assistive technology devices and 
                        assistive technology services and between 
                        public providers and private providers of such 
                        devices and services (including employers); and
                            ``(iii) the development and dissemination 
                        of information relating to the use of the 
                        program by individuals with disabilities and 
                        their family members, guardians, advocates, or 
                        authorized representatives, professionals who 
                        work in a field related to an activity 
                        described in this section, and other 
                        appropriate individuals.
            ``(7) Training and technical assistance.--The State may 
        carry out directly, or may provide support to a public or 
        private entity to carry out, training and technical assistance 
        activities--
                    ``(A) that--
                            ``(i) are provided for individuals with 
                        disabilities and their family members, 
                        guardians, advocates, and authorized 
                        representatives, and other appropriate 
                        individuals; and
                            ``(ii) may include--
                                    ``(I) training in the use of 
                                assistive technology devices and 
                                assistive technology services;
                                    ``(II) the development of written 
                                materials, training, and technical 
                                assistance describing the means by 
                                which agencies consider the needs of an 
                                individual with a disability for 
                                assistive technology devices and 
                                assistive technology services in 
                                developing, for the individual, any 
                                individualized education program 
                                described in section 614(a)(5) of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1414(a)(5)), any 
                                individualized written rehabilitation 
                                program described in section 102 of the 
                                Rehabilitation Act of 1973 (29 U.S.C. 
                                722), any individualized family service 
                                plan described in section 677 of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1477), and any other 
                                individualized plans or programs;
                                    ``(III) training regarding the 
                                rights of the persons described in 
                                clause (i) to assistive technology 
                                devices and assistive technology 
                                services under any law other than this 
                                Act, to promote fuller independence, 
                                productivity, and inclusion in and 
                                integration into society of such 
                                persons; and
                                    ``(IV) training to increase 
                                consumer participation in the 
                                identification, planning, use, 
                                delivery, and evaluation of assistive 
                                technology devices and assistive 
                                technology services; and
                    ``(B) that--
                            ``(i) enhance the assistive technology 
                        skills and competencies of--
                                    ``(I) individuals who work for 
                                public agencies, or for private 
                                entities (including insurers), that 
                                have contact with individuals with 
                                disabilities;
                                    ``(II) educators and related 
                                services personnel;
                                    ``(III) technology experts 
                                (including engineers);
                                    ``(IV) employers; and
                                    ``(V) other appropriate personnel; 
                                and
                            ``(ii) include taking actions to facilitate 
                        the development of standards, or, when 
                        appropriate, the application of such standards, 
                        to ensure the availability of qualified 
                        personnel.
            ``(8) Program data.--The State may support the compilation 
        and evaluation of appropriate data related to a program 
        described in subsection (a).
            ``(9) Access to technology-related information.--
                    ``(A) In general.--The State may develop, operate, 
                or expand a system for public access to information 
                concerning an activity carried out under another 
                paragraph of this subsection, including information 
                about assistive technology devices and assistive 
                technology services, funding sources and costs of such 
                assistance, and individuals, organizations, and 
                agencies capable of carrying out such an activity for 
                individuals with disabilities.
                    ``(B) Access.--Access to the system may be provided 
                through community-based entities, including public 
                libraries, centers for independent living (as defined 
                in section 702(1) of the Rehabilitation Act of 1973 (29 
                U.S.C. 796a(1))), and community rehabilitation programs 
                (as defined in section 7(25) of such Act (29 U.S.C. 
                706(25))).
                    ``(C) System.--In developing, operating, or 
                expanding a system described in subparagraph (A), the 
                State may--
                            ``(i) develop, compile, and categorize 
                        print, large print, braille, audio, and video 
                        materials, computer disks, compact discs 
                        (including compact discs formatted with read-
                        only memory), information that can be used in 
                        telephone-based information systems, and such 
                        other media as technological innovation may 
                        make appropriate;
                            ``(ii) identify and classify existing 
                        funding sources, and the conditions of and 
                        criteria for access to such sources, including 
                        any funding mechanisms or strategies developed 
                        by the State;
                            ``(iii) identify existing support groups 
                        and systems designed to help individuals with 
                        disabilities make effective use of an activity 
                        carried out under another paragraph of this 
                        subsection; and
                            ``(iv) maintain a record of the extent to 
                        which citizens of the State use or make 
                        inquiries of the system established in 
                        subparagraph (A), and of the nature of such 
                        inquiries.
                    ``(D) Linkages.--The information system may be 
                organized on an interstate basis or as part of a 
                regional consortium of States in order to facilitate 
                the establishment of compatible, linked information 
                systems.
            ``(10) Interstate activities.--
                    ``(A) In general.--The State may enter into 
                cooperative agreements with other States to expand the 
                capacity of the States involved to assist individuals 
                with disabilities of all ages to learn about, acquire, 
                use, maintain, adapt, and upgrade assistive technology 
                devices and assistive technology services that such 
                individuals need at home, at school, at work, or in 
                other environments that are part of daily living.
                    ``(B) Electronic communication.--The State may 
                operate or participate in a computer system through 
                which the State may electronically communicate with 
                other States to gain technical assistance in a timely 
                fashion and to avoid the duplication of efforts already 
                undertaken in other States.
            ``(11) Partnerships and cooperative initiatives.--The State 
        may support the establishment or continuation of partnerships 
        and cooperative initiatives between the public sector and the 
        private sector to promote greater participation by business and 
        industry in--
                    ``(A) the development, demonstration, and 
                dissemination of assistive technology devices; and
                    ``(B) the ongoing provision of information about 
                new products to assist individuals with disabilities.
            ``(12) Advocacy services.--The State may provide advocacy 
        services.
            ``(13) Other activities.--The State may utilize amounts 
        made available through grants made under section 102 or 103 for 
        any systems change and advocacy activities, other than the 
        activities described in another paragraph of this subsection, 
        that are necessary for developing, implementing, or evaluating 
        the consumer-responsive comprehensive statewide program of 
        technology-related assistance.
    ``(c) Nonsupplantation.--In carrying out systems change and 
advocacy activities under this title, the State shall ensure that the 
activities supplement, and not supplant, similar activities that have 
been carried out pursuant to other Federal or State law.''.

SEC. 102. DEVELOPMENT GRANTS.

    Section 102 (29 U.S.C. 2212) is amended--
            (1) in subsection (a)--
                    (A) by striking ``3-year grants'' and inserting 
                ``3-year grants to support systems change and advocacy 
                activities described in section 101(b) (including 
                activities described in subsection (e)(7))''; and
                    (B) by striking ``to develop and implement 
                statewide programs'' and inserting ``in developing and 
                implementing consumer-responsive comprehensive 
                statewide programs'';
            (2) by striking subsection (b);
            (3) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively;
            (4) in subsection (b) (as redesignated in paragraph (3))--
                    (A) in paragraph (3)(C), by striking ``statewide 
                program'' and inserting ``consumer-responsive 
                comprehensive statewide program''; and
                    (B) in paragraph (5)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``(A)'' and 
                                inserting ``(A) State.--'';
                                    (II) by inserting ``United States'' 
                                before ``Virgin Islands''; and
                                    (III) by striking ``Trust Territory 
                                of the Pacific Islands'' and inserting 
                                ``Republic of Palau''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(B)'' and 
                                inserting ``(B) Territory.--'';
                                    (II) by inserting ``United States'' 
                                before ``Virgin Islands''; and
                                    (III) by striking ``Trust Territory 
                                of the Pacific Islands'' and inserting 
                                ``Republic of Palau (until the Compact 
                                of Free Association takes effect)'';
            (5) in paragraph (2) of subsection (c) (as redesignated in 
        paragraph (3)) by striking ``statewide programs'' and inserting 
        ``consumer-responsive comprehensive statewide programs'';
            (6) by inserting after such subsection (c) the following:
    ``(d) Designation of the Lead Agency.--
            ``(1) Designation.--The Governor of any State that desires 
        to receive a grant under this section shall designate the 
        office, agency, entity, or individual (referred to in this Act 
        as the `lead agency') responsible for--
                    ``(A) submitting the application described in 
                subsection (e) on behalf of the State;
                    ``(B) administering and supervising the use of 
                amounts made available under the grant;
                    ``(C)(i) coordinating efforts related to, and 
                supervising the preparation of, the application;
                    ``(ii) coordinating the planning, development, 
                implementation, and evaluation of the consumer-
                responsive comprehensive statewide program of 
                technology-related assistance among public agencies and 
                between public agencies and private agencies, including 
                coordinating efforts related to entering into 
                interagency agreements; and
                    ``(iii) coordinating efforts related to, and 
                supervising, the active, timely, and meaningful 
                participation by individuals with disabilities and 
                their family members, guardians, advocates, or 
                authorized representatives, and other appropriate 
                individuals, with respect to activities carried out 
                under the grant; and
                    ``(D) the delegation, in whole or in part, of any 
                responsibilities described in subparagraph (A), (B), or 
                (C) to one or more appropriate offices, agencies, 
                entities, or individuals.
            ``(2) Qualifications.--In designating the lead agency, the 
        Governor may designate--
                    ``(A) a commission appointed by the Governor;
                    ``(B) a public-private partnership or consortium;
                    ``(C) a university-affiliated program;
                    ``(D) a public agency;
                    ``(E) a council established under Federal or State 
                law; or
                    ``(F) another appropriate office, agency, entity, 
                or individual.
            ``(3) Abilities of lead agency.--The State shall provide, 
        in accordance with subsection (e)(1), evidence that the lead 
        agency has the ability--
                    ``(A) to respond to assistive technology needs 
                across disabilities and ages;
                    ``(B) to promote the availability throughout the 
                State of assistive technology devices and assistive 
                technology services;
                    ``(C) to promote and implement systems change and 
                advocacy activities;
                    ``(D) to promote and develop public-private 
                partnerships;
                    ``(E) to exercise leadership in identifying and 
                responding to the technology needs of individuals with 
                disabilities and their family members, guardians, 
                advocates, and authorized representatives;
                    ``(F) to promote consumer confidence, 
                responsiveness, and advocacy; and
                    ``(G) to exercise leadership in implementing 
                effective strategies for capacity building, staff and 
                consumer training, and enhancement of access to funding 
                for assistive technology devices and assistive 
                technology services across agencies.'';
            (7) in subsection (e)--
                    (A) by striking paragraphs (1), (2), and (3) and 
                inserting the following:
            ``(1) Designation of the lead agency.--Information 
        identifying the lead agency designated by the Governor under 
        subsection (d)(1), and the evidence described in subsection 
        (d)(3).
            ``(2) Agency involvement.--A description of the nature and 
        extent of involvement of various State agencies, including the 
        State insurance department, in the preparation of the 
        application and the continuing role of each agency in the 
        development and implementation of the consumer-responsive 
        comprehensive statewide program of technology-related 
        assistance, including the identification of the available 
        resources and financial responsibility of each agency for 
        paying for assistive technology devices and assistive 
        technology services.
            ``(3) Involvement.--
                    ``(A) Consumer involvement.--A description of 
                procedures that provide for--
                            ``(i)(I) the active involvement of 
                        individuals with disabilities and their family 
                        members, guardians, advocates, and authorized 
                        representatives, and other appropriate 
                        individuals, in the development, 
                        implementation, and evaluation of the program; 
                        and
                            ``(II) the active involvement, to the 
                        maximum extent appropriate, of individuals with 
                        disabilities who use assistive technology 
                        devices or assistive technology services, in 
                        decisions relating to such devices and 
                        services; and
                            ``(ii) mechanisms for determining consumer 
                        satisfaction and participation of individuals 
                        with disabilities who represent a variety of 
                        ages and types of disabilities, in the 
                        consumer-responsive comprehensive statewide 
                        program of technology-related assistance.
                    ``(B) Public involvement.--A description of the 
                nature and extent of--
                            ``(i) the involvement, in the designation 
                        of the lead agency under subsection (d), and in 
                        the development of the application, of--
                                    ``(I) individuals with disabilities 
                                and their family members, guardians, 
                                advocates, or authorized 
                                representatives;
                                    ``(II) other appropriate 
                                individuals who are not employed by a 
                                State agency; and
                                    ``(III) organizations, providers, 
                                and interested parties, in the private 
                                sector; and
                            ``(ii) the continuing role of the 
                        individuals and entities described in clause 
                        (i) in the program.'';
                    (B) in paragraph (4), by striking ``underserved 
                groups'' and inserting ``underrepresented populations 
                or rural populations'';
                    (C) in paragraphs (4) and (5), by striking 
                ``statewide program'' each place the term appears and 
                inserting ``consumer-responsive comprehensive statewide 
                program'';
                    (D) by striking paragraphs (6), (7), and (17);
                    (E) by redesignating paragraphs (8) and (9) as 
                paragraphs (17) and (18), respectively, and 
                transferring such paragraphs to the end of the 
                subsection;
                    (F) by inserting after paragraph (5) the following:
            ``(6) Goals, objectives, activities, and outcomes.--
        Information on the program with respect to--
                    ``(A) the goals and objectives of the State for the 
                program;
                    ``(B) the systems change and advocacy activities 
                that the State plans to carry out under the program; 
                and
                    ``(C) the expected outcomes of the State for the 
                program, consistent with the purposes described in 
                section 2(b)(1).
            ``(7) Priority activities.--
                    ``(A) In general.--An assurance that the State will 
                use funds made available under this section or section 
                103 to accomplish the purposes described in section 
                2(b)(1) and the goals, objectives, and outcomes 
                described in paragraph (6), and to carry out the 
                systems change and advocacy activities described in 
                paragraph (6)(B), in a manner that is consumer-
                responsive.
                    ``(B) Particular activities.--An assurance that the 
                State, in carrying out such systems change and advocacy 
                activities, shall carry out activities regarding--
                            ``(i) the development, implementation, and 
                        monitoring of State, regional, and local laws, 
                        regulations, policies, practices, procedures, 
                        and organizational structures, that will 
                        improve access to, provision of, funding for, 
                        and timely acquisition and delivery of, 
                        assistive technology devices and assistive 
                        technology services;
                            ``(ii) the development and implementation 
                        of strategies to overcome barriers regarding 
                        access to, provision of, and funding for, such 
                        devices and services, with priority for 
                        identification of barriers to funding through 
                        State education (including special education) 
                        services, vocational rehabilitation services, 
                        and medical assistance services or, as 
                        appropriate, other health and human services, 
                        and with particular emphasis on overcoming 
                        barriers for underrepresented populations and 
                        rural populations;
                            ``(iii) coordination of activities among 
                        State agencies, in order to facilitate access 
                        to, provision of, and funding for, assistive 
                        technology devices and assistive technology 
                        services;
                            ``(iv) the development and implementation 
                        of strategies to empower individuals with 
                        disabilities and their family members, 
                        guardians, advocates, and authorized 
                        representatives, to successfully advocate for 
                        increased access to, funding for, and provision 
                        of, assistive technology devices and assistive 
                        technology services, and to increase the 
                        participation, choice, and control of such 
                        individuals with disabilities and their family 
                        members, guardians, advocates, and authorized 
                        representatives in the selection and 
                        procurement of assistive technology devices and 
                        assistive technology services;
                            ``(v) the provision of outreach to 
                        underrepresented populations and rural 
                        populations, including identifying and 
                        assessing the needs of such populations, 
                        providing activities to increase the 
                        accessibility of services to such populations, 
                        training representatives of such populations to 
                        become service providers, and training staff of 
                        the consumer-responsive comprehensive statewide 
                        program of technology-related assistance to 
                        work with such populations; and
                            ``(vi) the development and implementation 
                        of strategies to ensure timely acquisition and 
                        delivery of assistive technology devices and 
                        assistive technology services, particularly for 
                        children,
                unless the State demonstrates through the progress 
                reports required under section 104 that significant 
                progress has been made in the development and 
                implementation of a consumer-responsive comprehensive 
                statewide program of technology-related assistance, and 
                that other systems change and advocacy activities will 
                increase the likelihood that the program will 
                accomplish the purposes described in section 2(b)(1).
            ``(8) Assessment.--An assurance that the State will conduct 
        an annual assessment of the consumer-responsive comprehensive 
        statewide program of technology-related assistance, in order to 
        determine--
                    ``(A) the extent to which the State's goals and 
                objectives for systems change and advocacy activities, 
                as identified in the State plan under paragraph (6), 
                have been achieved; and
                    ``(B) the areas of need that require attention in 
                the next year.
            ``(9) Data collection.--A description of--
                    ``(A) the data collection system used for compiling 
                information on the program, consistent with such 
                requirements as the Secretary may establish for such 
                systems, and, when a national classification system is 
                developed pursuant to section 201, consistent with such 
                classification system; and
                    ``(B) procedures that will be used to conduct 
                evaluations of the program.'';
                    (G) in paragraphs (11)(B)(i) and (12)(B) by 
                striking ``individual with disabilities'' and inserting 
                ``individual with a disability'';
                    (H) in paragraph (16)(A), by striking ``the 
                families or representatives of individuals with 
                disabilities'' and inserting ``their family members, 
                guardians, advocates, or authorized representatives''; 
                and
                    (I) by adding at the end the following:
            ``(19) Authority to use funds.--An assurance that the lead 
        agency will have the authority to use funds made available 
        through a grant made under this section or section 103 to 
        comply with the requirements of this section or section 103, 
        respectively, including the ability to hire qualified staff 
        necessary to carry out activities under the program.
            ``(20) Protection and advocacy services.--Either--
                    ``(A) an assurance that the State will annually 
                provide, from the funds made available to the State 
                through a grant made under this section or section 103, 
                an amount calculated in accordance with subsection 
                (f)(4), in order to make a grant to, or enter into a 
                contract with, an entity to support protection and 
                advocacy services through the systems established to 
                provide protection and advocacy under the Developmental 
                Disabilities Assistance and Bill of Rights Act (42 
                U.S.C. 6000 et seq.), the Protection and Advocacy for 
                Mentally Ill Individuals Act (42 U.S.C. 10801 et seq.), 
                and section 509 of the Rehabilitation Act of 1973 (29 
                U.S.C. 794e); or
                    ``(B) at the discretion of the State, a request 
                that the Secretary annually reserve, from the funds 
                made available to the State through a grant made under 
                this section or section 103, an amount calculated in 
                accordance with subsection (f)(4), in order for the 
                Secretary to make a grant to or enter into a contract 
                with such a system to support protection and advocacy 
                services.
            ``(21) Training activities.--An assurance that the State--
                    ``(A) will develop and implement strategies for 
                including personnel training regarding assistive 
                technology within existing Federal- and State-funded 
                training initiatives, in order to enhance assistive 
                technology skills and competencies; and
                    ``(B) will document such training.
            ``(22) Limit on indirect costs.--An assurance that the 
        percentage of the funds received under the grant that is used 
        for indirect costs shall not exceed 10 percent.
            ``(23) Coordination with state councils.--An assurance that 
        the lead agency will coordinate the activities funded through a 
        grant made under this section or section 103 with the 
        activities carried out by other councils within the State, 
        including--
                    ``(A) any council or commission specified in the 
                assurance provided by the State in accordance with 
                section 101(a)(36) of the Rehabilitation Act of 1973 
                (29 U.S.C. 721(a)(36));
                    ``(B) the Statewide Independent Living Council 
                established under section 705 of the Rehabilitation Act 
                of 1973 (29 U.S.C. 796d);
                    ``(C) the advisory panel established under section 
                613(a)(12) of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1413(a)(12));
                    ``(D) the State Interagency Coordinating Council 
                established under section 682 of the Individuals with 
                Disabilities Education Act (20 U.S.C. 1482);
                    ``(E) the State Planning Council described in 
                section 124 of the Developmental Disabilities 
                Assistance and Bill of Rights Act (42 U.S.C. 6024);
                    ``(F) the State mental health planning council 
                established under section 1914 of the Public Health 
                Service Act (42 U.S.C. 300x-3); and
                    ``(G) any council established under section 204, 
                206(g)(2)(A), or 712(a)(3)(H) of the Older Americans 
                Act of 1965 (42 U.S.C. 3015, 3017(g)(2)(A), or 
                3058g(a)(3)(H)).
            ``(24) Coordination with other systems change and advocacy 
        activities.--An assurance that there will be coordination 
        between the activities funded through the grant and other 
        related systems change and advocacy activities funded by either 
        Federal or State sources.
            ``(25) Other information and assurances.--Such other 
        information and assurances as the Secretary may reasonably 
        require.''; and
            (8) by adding at the end the following:
    ``(f) Protection and Advocacy Requirements.--
            ``(1) Requirements.--A State that, as of June 30, 1993, has 
        provided for protection and advocacy services through an entity 
        that--
                    ``(A) is capable of performing the functions that 
                would otherwise be performed under subsection (e)(20) 
                by the system described in subsection (e)(20); and
                    ``(B) is not a system described in such subsection,
        shall be considered to meet the requirements of such 
        subsection. Such entity shall receive funding to provide such 
        protection and advocacy services in accordance with paragraph 
        (4), and shall comply with the same requirements of this title 
        (other than the requirements of such subsection) as a system 
        that receives funding under such subsection.
            ``(2) Protection and advocacy service provider report.--
                    ``(A) Preparation.--A system that receives funds 
                under subsection (e)(20) to carry out the protection 
                and advocacy services described in subsection 
                (e)(20)(A) in a State, or an entity described in 
                paragraph (1) that carries out such services in the 
                State, shall prepare reports that contain such 
                information as the Secretary may require, including the 
                following:
                            ``(i) A description of the activities 
                        carried out by the system or entity with such 
                        funds.
                            ``(ii) Documentation of significant 
                        progress, in providing protection and advocacy 
                        services, in each of the following areas:
                                    ``(I) Conducting activities that 
                                are consumer-responsive, including 
                                activities that will lead to increased 
                                access to funding for assistive 
                                technology devices and assistive 
                                technology services.
                                    ``(II) Executing legal, 
                                administrative, and other appropriate 
                                means of representation to implement 
                                systems change and advocacy activities.
                                    ``(III) Developing and implementing 
                                strategies designed to enhance the 
                                long-term abilities of individuals with 
                                disabilities and their family members, 
                                guardians, advocates, and authorized 
                                representatives to successfully 
                                advocate for assistive technology 
                                devices and assistive technology 
                                services to which the individuals with 
                                disabilities are entitled under law 
                                other than this Act.
                                    ``(IV) Coordinating activities with 
                                protection and advocacy services funded 
                                through sources other than this Act, 
                                and coordinating activities with the 
                                systems change and advocacy activities 
                                carried out by the State lead agency.
                    ``(B) Submission.--The system or entity shall 
                submit the reports to the program described in 
                subsection (a) in the State not less often than every 6 
                months.
                    ``(C) Updates.--The system or entity shall provide 
                monthly updates to the program described in subsection 
                (a) concerning the activities and information described 
                in subparagraph (A).
            ``(3) Consultation with state programs.--Before making a 
        grant or entering into a contract under subsection (e)(20)(B) 
        to support the protection and advocacy services described in 
        subsection (e)(20)(A) in a State, the Secretary shall solicit 
        and consider the opinions of the lead agency in the State with 
        respect to the terms of the grant or contract.
            ``(4) Calculation of expenditures.--
                    ``(A) In general.--For each fiscal year, for each 
                State receiving a grant under this section or section 
                103, the Secretary shall specify a minimum amount that 
                the State shall use to provide protection and advocacy 
                services.
                    ``(B) Initial years of grant.--Except as provided 
                in subparagraph (C) or (D)--
                            ``(i) the Secretary shall calculate such 
                        minimum amount for a State based on the size of 
                        the grant, the needs of individuals with 
                        disabilities within the State, the population 
                        of the State, and the geographic size of the 
                        State; and
                            ``(ii) such minimum amount shall be not 
                        less than $40,000 and not more than $100,000.
                    ``(C) Fourth year of second extension grant.--If a 
                State receives a second extension grant under section 
                103(a)(2), the Secretary shall specify a minimum amount 
                under subparagraph (A) for the fourth year (if any) of 
                the grant period that shall equal 75 percent of the 
                minimum amount specified for the State under such 
                subparagraph for the third year of the second extension 
                grant of the State.
                    ``(D) Fifth year of second extension grant.--If a 
                State receives a second extension grant under section 
                103(a)(2), the Secretary shall specify a minimum amount 
                under subparagraph (A) for the fifth year (if any) of 
                the grant period that shall equal 50 percent of the 
                minimum amount specified for the State under such 
                subparagraph for the third year of the second extension 
                grant of the State.
                    ``(E) Prohibition.--After the fifth year (if any) 
                of the grant period, no Federal funds may be made 
                available under this title by the State to a system 
                described in subsection (e)(20) or an entity described 
                in paragraph (1).''.

SEC. 103. EXTENSION GRANTS.

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

``SEC. 103. EXTENSION GRANTS.

    ``(a) Extension Grants.--
            ``(1) Initial extension grant.--The Secretary may award an 
        initial extension grant, for a period of 2 years, to any State 
        that meets the standards specified in subsection (b)(1).
            ``(2) Second extension grant.--The Secretary may award a 
        second extension grant, for a period of not more than 5 years, 
        to any State that meets the standards specified in subsection 
        (b)(2).
    ``(b) Standards.--
            ``(1) Initial extension grant.--In order for a State to 
        receive an initial extension grant under this section, the 
        designated lead agency of the State shall--
                    ``(A) provide the evidence described in section 
                102(d)(3); and
                    ``(B) demonstrate that the State has made 
                significant progress, and has carried out systems 
                change and advocacy activities that have resulted in 
                significant progress, toward the development and 
                implementation of a consumer-responsive comprehensive 
                statewide program of technology-related assistance, 
                consistent with sections 2(b)(1), 101, and 102.
            ``(2) Second extension grant.--
                    ``(A) Responsibilities of designated lead agency.--
                In order for a State to receive a second extension 
                grant under this section, the designated lead agency 
                shall--
                            ``(i) provide the evidence and make the 
                        demonstration described in paragraph (1);
                            ``(ii) describe the steps the State has 
                        taken or will take to continue on a permanent 
                        basis the consumer-responsive comprehensive 
                        statewide program of technology-related 
                        assistance with the ability to maintain, at a 
                        minimum, the outcomes achieved by the systems 
                        change and advocacy activities; and
                            ``(iii) identify future funding options and 
                        commitments for the program from the public and 
                        private sector and the key individuals, 
                        agencies, and organizations to be involved in, 
                        and to direct future efforts of, the program.
                    ``(B) Determination of compliance.--In making any 
                award to a State for a second extension grant, the 
                Secretary shall (except as provided in section 
                105(a)(2)(A)(iii)) make such award contingent on a 
                determination, based on the onsite visit required under 
                section 105(a)(2)(A)(ii), that the State is making 
                significant progress toward development and 
                implementation of a consumer-responsive comprehensive 
                statewide program of technology-related assistance. If 
                the Secretary determines that the State is not making 
                such progress, the Secretary may take an action 
                described in section 105(b)(2), in accordance with the 
                applicable procedures described in section 105.
    ``(c) Amounts of Grants.--
            ``(1) Initial extension grants.--
                    ``(A) In general.--
                            ``(i) States.--From amounts appropriated 
                        under section 106 for any fiscal year, the 
                        Secretary shall pay an amount that is not less 
                        than $500,000 and not greater than $1,500,000 
                        to each State (other than a State described in 
                        clause (ii)) that receives an initial extension 
                        grant under subsection (a)(1).
                            ``(ii) Territories.--From amounts 
                        appropriated under section 106 for any fiscal 
                        year, the Secretary shall pay an amount that is 
                        not greater than $150,000 to any of the 
                        following States that receives an initial 
                        extension grant under subsection (a)(1):
                                    ``(I) The United States Virgin 
                                Islands.
                                    ``(II) Guam.
                                    ``(III) American Samoa.
                                    ``(IV) The Commonwealth of the 
                                Northern Mariana Islands.
                                    ``(V) The Republic of Palau (until 
                                the Compact of Free Association takes 
                                effect).
                    ``(B) Calculation of amount.--The Secretary shall 
                calculate the amount described in clause (i) or (ii) of 
                subparagraph (A) with respect to a State on the basis 
                of--
                            ``(i) amounts available for making grants 
                        pursuant to subsection (a)(1);
                            ``(ii) the population of the State;
                            ``(iii) the types of assistance to be 
                        provided in the State; and
                            ``(iv) the amount of resources committed by 
                        the State and available to the State from other 
                        sources.
                    ``(C) Priority for previously participating 
                states.--Amounts appropriated in any fiscal year for 
                purposes of carrying out subsection (a)(1) shall first 
                be made available to States that received assistance 
                under this section during the fiscal year preceding the 
                fiscal year concerned.
                    ``(D) Increases.--In providing any increases in 
                initial extension grants under subsection (a)(1) above 
                the amounts provided to States under this section for 
                fiscal year 1993, the Secretary may give priority to--
                            ``(i) the States (other than the States 
                        described in subparagraph (A)(ii)) that have 
                        the largest populations, based on the most 
                        recent census data; and
                            ``(ii) the States (other than the States 
                        described in subparagraph (A)(ii)) that are 
                        sparsely populated, with a wide geographic 
                        spread,
                where such characteristics have impeded the development 
                of a consumer-responsive, comprehensive statewide 
                program of technology-related assistance.
            ``(2) Second extension grants.--
                    ``(A) Amounts and priority.--The amounts of, and 
                the priority of applicants for, the second extension 
                grants awarded under subsection (a)(2) shall be 
                determined by the Secretary, except that--
                            ``(i) the amount paid to a State for the 
                        fourth year (if any) of the grant period shall 
                        be 75 percent of the amount paid to the State 
                        for the third year of the grant period;
                            ``(ii) the amount paid to a State for the 
                        fifth year (if any) of the grant period shall 
                        be 50 percent of the amount paid to the State 
                        for the third year of the grant period; and
                            ``(iii) after the fifth year of the grant 
                        period, no Federal funds may be made available 
                        to the State under this title.
                    ``(B) Increases.--In providing any increases in 
                second extension grants under subsection (a)(2) above 
                the amounts provided to States under this section for 
                fiscal year 1993, the Secretary may give priority to 
                States described in paragraph (1)(D).
    ``(d) Application.--A State that desires to receive an extension 
grant under this section shall submit an application to the Secretary 
that contains the following information and assurances with respect to 
the consumer-responsive comprehensive statewide program of technology-
related assistance in the State:
            ``(1) Information and assurances.--The information and 
        assurances described in section 102(e), except the preliminary 
        needs assessment described in section 102(e)(4).
            ``(2) Needs; problems; strategies; outreach.--
                    ``(A) Needs.--A description of needs relating to 
                technology-related assistance of individuals with 
                disabilities (including individuals from 
                underrepresented populations or rural populations) and 
                their family members, guardians, advocates, or 
                authorized representatives, and other appropriate 
                individuals within the State.
                    ``(B) Problems.--A description of any problems or 
                gaps that remain with the development and 
                implementation of a consumer-responsive comprehensive 
                statewide program of technology-related assistance in 
                the State.
                    ``(C) Strategies.--A description of the strategies 
                that the State will pursue during the grant period to 
                remedy the problems or gaps with the development and 
                implementation of such a program.
                    ``(D) Outreach activities.--A description of 
                outreach activities to be conducted by the State, 
                including dissemination of information to eligible 
                populations, with special attention to underrepresented 
                populations and rural populations.
            ``(3) Activities and progress under previous grant.--A 
        description of--
                    ``(A) the specific systems change and advocacy 
                activities described in section 101(b) (including the 
                activities described in section 1012(e)(7)) carried out 
                under the development grant received by the State under 
                section 102, or, in the case of an application for a 
                grant under subsection (a)(2), under an initial 
                extension grant received by the State under this 
                section, including--
                            ``(i) a description of systems change and 
                        advocacy activities that were undertaken to 
                        produce change on a permanent basis for 
                        individuals with disabilities of all ages;
                            ``(ii) a description of activities 
                        undertaken to improve the involvement of 
                        individuals with disabilities in the program, 
                        including training and technical assistance 
                        efforts to improve individual access to 
                        assistive technology devices and assistive 
                        technology services as mandated under other 
                        laws and regulations as in effect on the date 
                        of the application, and including actions 
                        undertaken to improve the participation of 
                        underrepresented populations and rural 
                        populations, such as outreach efforts; and
                            ``(iii) an evaluation of the impact and 
                        results of the activities described in clauses 
                        (i) and (ii);
                    ``(B) the relationship of such systems change and 
                advocacy activities to the development and 
                implementation of a consumer-responsive comprehensive 
                statewide program of technology-related assistance; and
                    ``(C) the progress made toward the development and 
                implementation of such a program.
            ``(4) Public involvement.--
                    ``(A) Report.--In the case of an application for a 
                grant under subsection (a)(1), a report on the hearing 
                described in subsection (e)(1) or, in the case of an 
                application for a grant under subsection (a)(2), a 
                report on the hearing described in subsection (e)(2).
                    ``(B) Other state actions.--A description of State 
                actions, other than such a hearing, designed to 
                determine the degree of satisfaction of individuals 
                with disabilities, and their family members, guardians, 
                advocates, or authorized representatives, public 
                service providers and private service providers, 
                educators and related services providers, technology 
                experts (including engineers), employers, and other 
                appropriate individuals and entities with--
                            ``(i) the degree of their ongoing 
                        involvement in the development and 
                        implementation of the consumer-responsive 
                        comprehensive statewide program of technology-
                        related assistance;
                            ``(ii) the specific systems change and 
                        advocacy activities described in section 101(b) 
                        (including the activities described in section 
                        102(e)(7)) carried out by the State under the 
                        development grant or the initial extension 
                        grant;
                            ``(iii) progress made toward the 
                        development and implementation of a consumer-
                        responsive comprehensive statewide program of 
                        technology-related assistance; and
                            ``(iv) the ability of the lead agency to 
                        carry out the activities described in section 
                        102(d)(3).
            ``(5) Comments.--A summary of any comments received 
        concerning the issues described in paragraph (4) and response 
        of the State to such comments, solicited through a public 
        hearing referred to in paragraph (4) or through other means, 
        from individuals affected by the consumer-responsive 
        comprehensive statewide program of technology-related 
        assistance, including--
                    ``(A) individuals with disabilities and their 
                family members, guardians, advocates, or authorized 
                representatives;
                    ``(B) public service providers and private service 
                providers;
                    ``(C) educators and related services personnel;
                    ``(D) technology experts (including engineers);
                    ``(E) employers; and
                    ``(F) other appropriate individuals and entities.
            ``(6) Compatibility and accessibility of electronic 
        equipment.--An assurance that the State, or any recipient of 
        funds made available to the State under section 102 of this 
        section, will comply with guidelines established under section 
        508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
    ``(e) Public Hearing.--
            ``(1) Initial extension grant.--To be eligible to receive a 
        grant under subsection (a)(1), a State shall hold a public 
        hearing in the third year of a program carried out under a 
        grant made under section 102, after providing appropriate and 
        sufficient notice to allow interested groups and organizations 
        and all segments of the public an opportunity to comment on the 
        program.
            ``(2) Second extension grant.--To be eligible to receive a 
        grant under subsection (a)(2), a State shall hold a public 
        hearing in the second year of a program carried out under a 
        grant made under subsection (a)(1), after providing the notice 
        described in paragraph (1).''.

SEC. 104. PROGRESS CRITERIA AND REPORTS.

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

``SEC. 104. PROGRESS CRITERIA AND REPORTS.

    ``(a) Guidelines.--The Secretary shall develop guidelines to be 
used in assessing the extent to which a State that received a grant 
under section 102 or 103 is making significant progress in developing 
and implementing a consumer-responsive comprehensive statewide program 
of technology-related assistance consistent with section 2(b)(1).
    ``(b) Reports.--Each State that receives a grant under section 102 
or 103 to carry out such a program shall submit annually to the 
Secretary a report that documents significant progress in developing 
and implementing a consumer-responsive comprehensive statewide program 
of technology-related assistance, consistent with sections 2(b)(1), 
101, and 102(e), and that documents the following:
            ``(1) The progress the State has made, as determined in the 
        State's annual assessment described in section 102(e)(8) 
        (consistent with the guidelines established by the Secretary 
        under subsection (a)), in achieving the State's goals, 
        objectives, and outcomes as identified in the State's 
        application as described in section 102(e)(6), and areas of 
        need that require attention in the next year, including 
        unanticipated problems with the achievement of the goals, 
        objectives, and outcomes described in the application, and the 
        activities the State has undertaken to rectify these problems.
            ``(2) The systems change and advocacy activities carried 
        out by the State including--
                    ``(A) an analysis of the laws, regulations, 
                policies, practices, procedures, and organizational 
                structures that the State has changed, has attempted to 
                change, or will attempt to change during the next year, 
                to facilitate and increase timely access to, provision 
                of, or funding for, assistive technology devices and 
                assistive technology services; and
                    ``(B) a description of any written policies and 
                procedures that the State has developed and implemented 
                regarding access to, provision of, and funding for, 
                assistive technology devices and assistive technology 
                services, particularly policies and procedures 
                regarding access to, provision of, and funding for, 
                such devices and services under education (including 
                special education), vocational rehabilitation, and 
                medical assistance programs.
            ``(3) The degree of involvement of various State agencies, 
        including the State insurance department, in the development, 
        implementation, and evaluation of the program, including any 
        interagency agreements that the State has developed and 
        implemented regarding access to, provision of, and funding for, 
        assistive technology devices and assistive technology services 
        such as agreements that identify available resources for 
        assistive technology devices and assistive technology services 
        and the responsibility of each agency for paying for such 
        devices and services.
            ``(4) The activities undertaken to collect and disseminate 
        information about the documents or activities analyzed or 
        described in paragraphs (1) through (3), including outreach 
        activities to underrepresented populations and rural 
        populations and efforts to disseminate information by means of 
        electronic communication.
            ``(5) The involvement of individuals with disabilities who 
        represent a variety of ages and types of disabilities in the 
        planning, development, implementation, and assessment of the 
        consumer-responsive comprehensive statewide program of 
        technology-related assistance, including activities undertaken 
        to improve such involvement, such as consumer training and 
        outreach activities to underrepresented populations and rural 
        populations.
            ``(6) The degree of consumer satisfaction with the program, 
        including satisfaction by underrepresented populations and 
        rural populations.
            ``(7) Efforts to train personnel as well as consumers.
            ``(8) Efforts to reduce the service delivery time for 
        receiving assistive technology devices and assistive technology 
        services.
            ``(9) Significant progress in the provision of protection 
        and advocacy services, in each of the areas described in 
        section 102(f)(2)(A)(ii).''.

SEC. 105. ADMINISTRATIVE PROVISIONS.

    (a) Review of Participating States.--Section 105(a) (29 U.S.C. 
2215(a)) is amended--
            (1) in paragraph (1), by inserting before the period the 
        following: ``, consistent with the guidelines established under 
        section 104(a)'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Onsite visits.--
                    ``(A) Visits.--
                            ``(i) Development grant program.--The 
                        Secretary shall conduct an onsite visit during 
                        the final year of each State's participation in 
                        the development grant program.
                            ``(ii) Extension grant program.--Except as 
                        provided in clause (iii), the Secretary shall 
                        conduct an additional onsite visit to any State 
                        that applies for a second extension grant under 
                        section 103(a)(2) and whose initial onsite 
                        visit occurred prior to the date of the 
                        enactment of the Technology-Related Assistance 
                        for Individuals With Disabilities Act 
                        Amendments of 1994. The Secretary shall conduct 
                        any such visit to the State not later than 12 
                        months after the date on which the Secretary 
                        awards the second extension grant.
                            ``(iii) Determination.--The Secretary shall 
                        not be required to conduct a visit described in 
                        clause (ii) if the Secretary determines that 
                        the visit is not necessary to assess whether 
                        the State is making significant progress toward 
                        development and implementation of a consumer-
                        responsive comprehensive statewide program of 
                        technology-related assistance.
                    ``(B) Team.--Two-thirds of the onsite monitoring 
                team in each case shall be qualified peer reviewers, 
                who--
                            ``(i) shall not be lead agency personnel;
                            ``(ii) shall be from States other than the 
                        State being monitored; and
                            ``(iii) shall include an individual with a 
                        disability, or a family member, a guardian, an 
                        advocate, or an authorized representative of 
                        such an individual.
                    ``(C) Compensation.--
                            ``(i) Officers or employees.--Members of 
                        any onsite monitoring team who are officers or 
                        full-time employees of the United States shall 
                        serve without compensation in addition to that 
                        received for their services as officers or 
                        employees of the United States, but may be 
                        allowed travel expenses, including per diem in 
                        lieu of subsistence, as authorized by section 
                        5702 of title 5, United States Code, for 
                        individuals in the Government service traveling 
                        on official business.
                            ``(ii) Other members.--Members of any 
                        onsite monitoring team who are not officers or 
                        full-time employees of the United States shall 
                        receive compensation at a rate not to exceed 
                        the daily equivalent of the rate of pay for 
                        level IV of the Executive Schedule under 
                        section 5315 of title 5, United States Code, 
                        for each day (including traveltime) during 
                        which such members are engaged in the actual 
                        performance of their duties as members of an 
                        onsite monitoring team. In addition, such 
                        members may be allowed travel expenses, 
                        including per diem in lieu of subsistence, as 
                        authorized by section 5703 of title 5, United 
                        States Code, for individuals in the Government 
                        service employed intermittently.
                    ``(D) Report.--The Secretary shall prepare a report 
                of findings from the onsite visit. The Secretary shall 
                consider the findings in determining whether to 
                continue funding the program either with or without 
                changes. The report shall be available to the 
                public.'';
            (3) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively;
            (4) by inserting after paragraph (2) the following:
            ``(3) Advance public notice.--The Secretary shall provide 
        advance public notice of the onsite visit and solicit public 
        comment through such notice from individuals with disabilities 
        and their family members, guardians, advocates, and authorized 
        representatives, public service providers and private service 
        providers, educators and related services personnel, technology 
        experts (including engineers), employers, and other appropriate 
        individuals and entities, regarding the State program funded 
        through a grant made under section 102 or 103. The public 
        comment solicitation notice shall be included in the onsite 
        visit report described in paragraph (2).''; and
            (5) in paragraph (4) (as redesignated in paragraph (3)) by 
        striking ``statewide program'' and inserting ``consumer-
        responsive comprehensive statewide program''.
    (b) Corrective Action Plan.--Section 105(b) (29 U.S.C. 2215(b)) is 
amended--
            (1) in paragraph (2)--
                    (A) in the heading, by striking ``Penalties'' and 
                inserting ``Corrective actions'';
                    (B) in the matter preceding subparagraph (A), by 
                striking ``penalties'' and inserting ``corrective 
                actions'';
                    (C) by striking ``or'' at the end of subparagraph 
                (B);
                    (D) by striking the period at the end of 
                subparagraph (C) and inserting ``; or''; and
                    (E) by adding at the end the following:
                    ``(D) required redesignation of the lead agency, in 
                accordance with subsection (c).''; and
            (2) in paragraph (3), by striking ``subsection (a)(4)'' and 
        inserting ``subsection (a)(5)''.
    (c) Redesignation.--Section 105 (29 U.S.C. 2215) is amended--
            (1) by striking subsection (c); and
            (2) by adding at the end the following:
    ``(c) Redesignation of Lead Agency.--
            ``(1) Monitoring panel.--
                    ``(A) Appointment.--Once a State becomes subject to 
                a corrective action plan pursuant to subsection (b), 
                the Governor of the State, subject to approval by the 
                Secretary, shall appoint, within 30 days after the 
                submission of the plan to the Secretary, a monitoring 
                panel consisting of the following representatives:
                            ``(i) The head of the lead agency 
                        designated by the Governor.
                            ``(ii) 2 representatives from different 
                        public or private nonprofit organizations that 
                        represent the interests of individuals with 
                        disabilities.
                            ``(iii) 2 consumers who are users of 
                        assistive technology devices and assistive 
                        technology services and who are not--
                                    ``(I) members of the advisory 
                                council, if any, of the consumer-
                                responsive comprehensive statewide 
                                program of technology-related 
                                assistance; or
                                    ``(II) employees of the State lead 
                                agency.
                            ``(iv) 2 service providers with knowledge 
                        and expertise in assistive technology devices 
                        and assistive technology services.
                    ``(B) Membership and chairperson.--The monitoring 
                panel shall be ethnically diverse. The panel shall 
                select a chairperson from among the members of the 
                panel.
                    ``(C) Information.--The panel shall receive 
                periodic reports from the State regarding progress in 
                implementing the corrective action plan and shall have 
                the authority to request additional information 
                necessary to determine compliance.
                    ``(D) Meetings.--The meetings of the panel to 
                determine compliance shall be open to the public 
                (subject to confidentiality concerns) and held at 
                locations that are accessible to individuals with 
                disabilities.
                    ``(E) Period.--The panel shall carry out the duties 
                of the panel for the entire period of the corrective 
                action plan, as determined by the Secretary.
                    ``(F) Funding.--The panel shall be funded by a 
                portion of the funds received by the State under this 
                title, as directed by the Secretary.
            ``(2) Failure to appoint monitoring panel.--A failure by a 
        Governor of a State to comply with the requirements of 
        paragraph (1) shall result in the termination of funding for 
        the State under this title.
            ``(3) Determination.--
                    ``(A) Panel.--Based on its findings, a monitoring 
                panel may determine that a lead agency designated by a 
                Governor has not accomplished the purposes described in 
                section 2(b)(1) and that there is good cause for 
                redesignation of the agency and the temporary loss of 
                funds by the State under this title.
                    ``(B) Good cause.--In this paragraph, the term 
                `good cause' includes--
                            ``(i) lack of progress with employment of 
                        qualified staff;
                            ``(ii) lack of consumer-responsive 
                        activities;
                            ``(iii) lack of resource allocation to 
                        systems change and advocacy activities;
                            ``(iv) lack of progress with meeting the 
                        assurances in section 102(e); or
                            ``(v) inadequate fiscal management.
                    ``(C) Recommendation and action.--If a monitoring 
                panel makes such a determination, the panel shall 
                recommend to the Secretary that further remedial action 
                be taken or that the Secretary order the Governor to 
                redesignate the lead agency within 90 days or lose 
                funds under this title. The Secretary, based on the 
                findings and recommendations of the monitoring panel, 
                and after providing to the public notice and an 
                opportunity for comment, shall make a final 
                determination regarding whether to order the Governor 
                to redesignate the lead agency. The Governor shall make 
                any such redesignation in accordance with the 
                requirements that apply to designations under section 
                102(d).
    ``(d) Change of Protection and Advocacy Services Provider.--
            ``(1) Determination.--The Governor of a State, based on 
        input from individuals with disabilities and their family 
        members, guardians, advocates, or authorized representatives, 
        may determine that the entity providing protection and advocacy 
        services required by section 102(e)(20) (referred to in this 
        subsection as the `first entity') has not met the protection 
        and advocacy service needs of the individuals with disabilities 
        and their family members, guardians, advocates, or authorized 
        representatives, for securing funding for and access to 
        assistive technology devices and assistive technology services, 
        and that there is good cause to provide the protection and 
        advocacy services for the State through a contract with a 
        second entity.
            ``(2) Notice and opportunity to be heard.--On making such a 
        determination, the Governor may not enter into a contract with 
        a second entity to provide the protection and advocacy services 
        unless good cause exists and unless--
                    ``(A) the Governor has given the first entity 30 
                days notice of the intention to enter into such 
                contract, including specification of the good cause, 
                and an opportunity to respond to the assertion that 
                good cause has been shown;
                    ``(B) individuals with disabilities and their 
                family members, guardians, advocates, or authorized 
                representatives, have timely notice of the 
                determination and opportunity for public comment; and
                    ``(C) the first entity has the opportunity to 
                appeal the determination to the Secretary within 30 
                days of the determination on the basis that there is 
                not good cause to enter into the contract.
            ``(3) Redesignation.--
                    ``(A) In general.--When the Governor of a State 
                determines that there is good cause to enter into a 
                contract with a second entity to provide the protection 
                and advocacy services, the Governor shall hold an open 
                competition within the State and issue a request for 
                proposals by entities desiring to provide the services.
                    ``(B) Timing.--The Governor shall not issue such 
                request until the first entity has been given notice 
                and an opportunity to respond. If the first entity 
                appeals the determination to the Secretary in 
                accordance with paragraph (2)(C), the Governor shall 
                issue such request only if the Secretary decides not to 
                overturn the determination of the Governor. The 
                Governor shall issue such request within 30 days after 
                the end of the period during which the first entity has 
                the opportunity to respond, or after the decision of 
                the Secretary, as appropriate.
                    ``(C) Procedure.--Such competition shall be open to 
                entities with the same expertise and ability to provide 
                legal services as a system referred to in section 
                102(e)(20). The competition shall ensure public 
                involvement, including a public hearing and adequate 
                opportunity for public comment.
    ``(e) Annual Report.--
            ``(1) In general.--Not later than December 31 of each year, 
        the Secretary shall prepare, and submit to the President and to 
        the Congress, a report on Federal initiatives, including the 
        initiatives funded under this Act, to improve the access of 
        individuals with disabilities to assistive technology devices 
        and assistive technology services.
            ``(2) Contents.--Such report shall include information on--
                    ``(A) the demonstrated successes of such Federal 
                initiatives at the Federal and State levels in 
                improving interagency coordination, streamlining access 
                to funding for assistive technology, and producing 
                beneficial outcomes for users of assistive technology;
                    ``(B) the demonstration activities carried out 
                through the Federal initiatives to--
                            ``(i) promote access to such funding in 
                        public programs that were in existence on the 
                        date of the initiation of the demonstration 
                        activities; and
                            ``(ii) establish additional options for 
                        obtaining such funding;
                    ``(C) the education and training activities carried 
                out through the Federal initiatives to promote such 
                access in public programs and the health care system 
                and the efforts carried out through such activities to 
                train professionals in a variety of relevant 
                disciplines, and increase the competencies of the 
                professionals with respect to technology-related 
                assistance;
                    ``(D) the education and training activities carried 
                out through the Federal initiatives to train 
                individuals with disabilities and their family members, 
                guardians, advocates, or authorized representatives, 
                individuals who work for public agencies, or for 
                private entities (including insurers), that have 
                contact with individuals with disabilities, educators 
                and related services personnel, technology experts 
                (including engineers), employers, and other appropriate 
                individuals, about technology-related assistance;
                    ``(E) the education and training activities carried 
                out through Federal initiatives to promote awareness of 
                available funding in public programs;
                    ``(F) the research activities carried out through 
                the Federal initiatives to improve understanding of the 
                costs and benefits of access to assistive technology 
                for individuals with disabilities who represent a 
                variety of ages and types of disabilities;
                    ``(G) the program outreach activities to rural and 
                inner-city areas that are carried out through the 
                Federal initiatives;
                    ``(H) the activities carried out through the 
                Federal initiatives that are targeted to reach 
                underrepresented populations and rural populations; and
                    ``(I) the consumer involvement activities in the 
                programs carried out under this Act.
            ``(3) Availability of assistive technology devices and 
        assistive technology services.--As soon as practicable, the 
        Secretary shall include in the annual report required by this 
        subsection information on the availability of assistive 
        technology devices and assistive technology services. When a 
        national classification system for assistive technology devices 
        and assistive technology services is developed pursuant to 
        section 201, the Secretary shall report such information in a 
        manner consistent with such national classification system.
    ``(f) Interagency Disability Coordinating Council.--
            ``(1) Contents.--On or before October 1, 1995, the 
        Interagency Disability Coordinating Council established under 
        section 507 of the Rehabilitation Act of 1973 (29 U.S.C. 794c) 
        shall prepare and submit to the President and to the Congress a 
        report containing--
                    ``(A) the response of the Interagency Disability 
                Coordinating Council to--
                            ``(i) the findings of the National Council 
                        on Disability resulting from the study entitled 
                        `Study on the Financing of Assistive Technology 
                        Devices and Services for Individuals with 
                        Disabilities', carried out in accordance with 
                        section 201 of this Act, as in effect on the 
                        day before the date of the enactment of this 
                        subsection; and
                            ``(ii) the recommendations of the National 
                        Council on Disability for legislative and 
                        administrative change, resulting from such 
                        study; and
                    ``(B) information on any other activities of the 
                Interagency Disability Coordinating Council that 
                facilitate the accomplishment of section 2(b)(1) with 
                respect to the Federal Government.
            ``(2) Comments.--The report shall include any comments 
        submitted by the National Council on Disability as to the 
        appropriateness of the response described in paragraph (1)(A) 
        and the effectiveness of the activities described in paragraph 
        (1)(B) in meeting the needs of individuals with disabilities 
        for assistive technology devices and assistive technology 
        services.
    ``(g) Effect on Other Assistance.--This title may not be construed 
as authorizing a Federal or a State agency to reduce medical or other 
assistance available or to alter eligibility under any other Federal 
law.''.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title $50,000,000 for fiscal year 1994, 
and such sums as may be necessary for each of the fiscal years 1995 
through 1998.
    ``(b) Reservations.--
            ``(1) Provision of information and technical assistance.--
                    ``(A) In general.--Of the funds appropriated for 
                any fiscal year under subsection (a), the Secretary 
                shall reserve at least 2 percent or $1,500,000, 
                whichever is greater, of such funds, for the purpose of 
                providing information and technical assistance as 
                described in subparagraphs (B) and (C) to States, 
                individuals with disabilities and their family members, 
                guardians, advocates, or authorized representatives, 
                community-based organizations, and protection and 
                advocacy agencies.
                    ``(B) Technical assistance to states.--In providing 
                such information and technical assistance to States, 
                the Secretary shall consider the input of the directors 
                of consumer-responsive comprehensive statewide programs 
                of technology-related assistance, shall provide a 
                clearinghouse for activities that have been developed 
                and implemented through programs funded under this 
                title, and shall provide information and technical 
                assistance that--
                            ``(i) facilitate service delivery capacity 
                        building, training of personnel from a variety 
                        of disciplines, and improvement of evaluation 
                        strategies, research, and data collection;
                            ``(ii) foster the development and 
                        replication of effective approaches to 
                        information referral, interagency coordination 
                        of training and service delivery, outreach to 
                        underrepresented populations and rural 
                        populations, and public awareness activities;
                            ``(iii) improve the awareness and adoption 
                        of successful approaches to increasing the 
                        availability of public and private funding for 
                        and access to the provision of assistive 
                        technology devices and assistive technology 
                        services by appropriate State agencies;
                            ``(iv) assist in planning, developing, 
                        implementing, and evaluating appropriate 
                        activities to further extend consumer-
                        responsive comprehensive statewide programs of 
                        technology-related assistance;
                            ``(v) promote effective approaches to the 
                        development of consumer-controlled systems that 
                        increase access to, funding for, and awareness 
                        of, assistive technology devices and assistive 
                        technology services;
                            ``(vi) provide technical assistance and 
                        training to the entities carrying out 
                        activities funded pursuant to this title, to 
                        establish or participate in electronic 
                        communication activities with other States; and
                            ``(vii) provide any other appropriate 
                        information and technical assistance to assist 
                        the States in accomplishing the purposes of 
                        this Act.
                    ``(C) Information and technical assistance to 
                individuals with disabilities and other persons.--The 
                Secretary shall provide information and technical 
                assistance to individuals with disabilities and their 
                family members, guardians, advocates, or authorized 
                representatives, community-based organizations, and 
                protection and advocacy agencies, on a nationwide 
                basis, to--
                            ``(i) disseminate information about, and 
                        foster awareness and understanding of, Federal, 
                        State, and local laws, regulations, policies, 
                        practices, procedures, and organizational 
                        structures, that facilitate, and overcome 
                        barriers to, funding for, and access to, 
                        assistive technology devices and assistive 
                        technology services, to promote fuller 
                        independence, productivity, and inclusion for 
                        individuals with disabilities of all ages;
                            ``(ii) identify, collect, and disseminate 
                        information, and provide technical assistance, 
                        on effective systems change and advocacy 
                        activities;
                            ``(iii) improve the understanding and use 
                        of assistive technology funding decisions made 
                        as a result of policies, practices, and 
                        procedures, or through regulations, 
                        administrative hearings, or legal actions, that 
                        enhance access to funding for assistive 
                        technology devices and assistive technology 
                        services for individuals with disabilities;
                            ``(iv) promote effective approaches to 
                        Federal-State coordination of programs for 
                        individuals with disabilities, through 
                        information dissemination and technical 
                        assistance activities in response to funding 
                        policy issues identified on a nationwide basis 
                        by organizations, and individuals, that improve 
                        funding for or access to assistive technology 
                        devices and assistive technology services for 
                        individuals with disabilities of all ages; and
                            ``(v) promote effective approaches to the 
                        development of consumer-controlled systems that 
                        increase access to, funding for, and awareness 
                        of, assistive technology devices and assistive 
                        technology services, including the 
                        identification and description of mechanisms 
                        and means that successfully support self-help 
                        and peer mentoring groups for individuals with 
                        disabilities.
                    ``(D) Coordination.--The Secretary shall coordinate 
                the information and technical assistance activities 
                carried out under subparagraph (B) or (C) with other 
                activities funded under this Act.
                    ``(E) Grants, contracts, or cooperative 
                agreements.--
                            ``(i) In general.--The Secretary shall 
                        provide the technical assistance and 
                        information described in subparagraphs (B) and 
                        (C) through grants, contracts, or cooperative 
                        agreements with public or private agencies and 
                        organizations, including institutions of higher 
                        education, with documented experience, 
                        expertise, and capacity to carry out identified 
                        activities related to the provision of such 
                        technical assistance and information.
                            ``(ii) Entities with expertise in assistive 
                        technology service delivery, interagency 
                        coordination, and systems change and advocacy 
                        activities.--For the purpose of achieving the 
                        objectives described in paragraph (1)(B), the 
                        Secretary shall reserve not less than 45 
                        percent and not more than 55 percent of the 
                        funds reserved under subparagraph (A) for each 
                        fiscal year for grants to, or contracts or 
                        cooperative agreements with, public or private 
                        agencies or organizations with documented 
                        experience with and expertise in assistive 
                        technology service delivery, interagency 
                        coordination, and systems change and advocacy 
                        activities.
                            ``(iii) Entities with expertise in 
                        assistive technology systems change and 
                        advocacy activities, public funding options, 
                        and other services.--For the purpose of 
                        achieving the objectives described in paragraph 
                        (1)(C), the Secretary shall reserve not less 
                        than 45 percent and not more than 55 percent of 
                        the funds reserved under subparagraph (A) for 
                        each fiscal year for grants to, or contracts or 
                        cooperative agreements with, public or private 
                        agencies or organizations with documented 
                        experience with and expertise in--
                                    ``(I) assistive technology systems 
                                change and advocacy activities;
                                    ``(II) public funding options; and
                                    ``(III) services to increase 
                                nationwide the availability of funding 
                                for assistive technology devices and 
                                assistive technology services.
                            ``(iv) Application.--The Secretary shall 
                        make any grants, and enter into any contracts 
                        or cooperative agreements, under this 
                        subsection on a competitive basis. To be 
                        eligible to receive funds under this subsection 
                        an agency, organization, or institution shall 
                        submit an application to the Secretary at such 
                        time, in such manner, and containing such 
                        information, as the Secretary may require.
            ``(2) Onsite visits.--The Secretary may reserve, from 
        amounts appropriated for any fiscal year under subsection (a), 
        such sums as the Secretary considers to be necessary for the 
        purposes of conducting onsite visits as required by section 
        105(a)(2).''.

SEC. 107. REPEALS.

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

              TITLE II--PROGRAMS OF NATIONAL SIGNIFICANCE

SEC. 201. NATIONAL CLASSIFICATION SYSTEM.

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

              ``Subtitle A--National Classification System

``SEC. 201. CLASSIFICATION SYSTEM.

    ``(a) System Development Project.--
            ``(1) In general.--In fiscal year 1995, the Secretary shall 
        initiate a system development project, based on a plan 
        developed in consultation and coordination with other 
        appropriate Federal and State agencies, to develop a national 
        classification system for assistive technology devices and 
        assistive technology services, with the goal of obtaining 
        uniform data through such a system on such devices and services 
        across public programs and information and referral networks.
            ``(2) Project plan.--
                    ``(A) Representatives.--In developing a plan for 
                the system development project, the Secretary shall 
                consult with, and coordinate activities with--
                            ``(i) representatives of Federal agencies, 
                        including agencies that are headed by members 
                        of the Interagency Disability Coordinating 
                        Council established under section 507 of the 
                        Rehabilitation Act of 1973 (29 U.S.C. 794c); 
                        and
                            ``(ii) as determined by the Secretary, 
                        representatives of State agencies and other 
                        appropriate organizations that have 
                        responsibility for or are involved in the 
                        development and modification of assistive 
                        technology devices, the provision of assistive 
                        technology devices and assistive technology 
                        services, or the dissemination of information 
                        about assistive technology devices and 
                        assistive technology services, including 
                        recipients of grants or contracts for the 
                        provision of technical assistance to State 
                        assistive technology projects under section 
                        106(b), assistive technology reimbursement 
                        specialists, representatives of the State 
                        assistive technology projects, and 
                        representatives of organizations involved in 
                        information and referral activities.
                    ``(B) Issues.--The Secretary shall conduct such 
                consultation, and such coordination of activities, with 
                respect to the following:
                            ``(i) The costs and benefits, on an agency-
                        by-agency basis, of obtaining uniform data 
                        through a national classification system for 
                        assistive technology devices and assistive 
                        technology services across public programs and 
                        information and referral networks.
                            ``(ii) The types of data that should be 
                        collected, including data regarding funding, 
                        across a range of programs, including the 
                        programs listed in subsection (c)(2), as 
                        appropriate.
                            ``(iii) A methodology for developing a 
                        single taxonomy and nomenclature for both 
                        assistive technology devices and assistive 
                        technology services across a range of programs, 
                        including the programs listed in subsection 
                        (c)(2), as appropriate.
                            ``(iv) The process for developing an 
                        appropriate data collection instrument or 
                        instruments.
                            ``(v) A methodology for collecting data 
                        across a range of programs, including the 
                        programs listed in subsection (c)(2), as 
                        appropriate.
                            ``(vi) The use of a national classification 
                        system by the Internal Revenue Service and 
                        State finance agencies to determine whether 
                        devices and services are assistive technology 
                        devices or assistive technology services for 
                        the purpose of determining whether a deduction 
                        or credit is allowable under the Internal 
                        Revenue Code of 1986 or State tax law.
            ``(3) Contracts and cooperative agreements.--The Secretary 
        may carry out this section directly, or, if necessary, by 
        entering into contracts or cooperative agreements with 
        appropriate entities.
    ``(b) Single Taxonomy.--In conducting the system development 
project, the Secretary shall develop a national classification system 
that includes a single taxonomy and nomenclature for assistive 
technology devices and assistive technology services.
    ``(c) Data Collection Instrument.--In conducting the system 
development project, the Secretary shall develop a data collection 
instrument to--
            ``(1) collect data regarding funding for assistive 
        technology devices and assistive technology services; and
            ``(2) collect such data from public programs, including, at 
        a minimum--
                    ``(A) programs carried out under title I, VI, or 
                VII of the Rehabilitation Act of 1973 (29 U.S.C. 720 et 
                seq., 795 et seq., or 796 et seq.);
                    ``(B) programs carried out under part B or H of the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1411 et seq. or 1471 et seq.);
                    ``(C) programs carried out under title V or XIX of 
                the Social Security Act (42 U.S.C. 701 et seq. or 1396 
                et seq.);
                    ``(D) programs carried out under the Older 
                Americans Act of 1965 (42 U.S.C. 3001 et seq.); and
                    ``(E) programs carried out under the Developmental 
                Disabilities Assistance and Bill of Rights Act (42 
                U.S.C. 6000 et seq.).
    ``(d) Consultation.--The Secretary shall conduct the system 
development project in consultation with the Federal agencies that were 
consulted in developing the project plan.
    ``(e) Report to the President and the Congress on Implementation of 
Uniform Data Collection System.--Not later than July 1, 1997, the 
Secretary shall prepare and submit to the President and the appropriate 
committees of Congress a report containing--
            ``(1) the results of the system development project; and
            ``(2) the recommendations of the Secretary concerning 
        implementation of a national classification system, including 
        uniform data collection.
    ``(f) Reservation.--From the amounts appropriated under subtitle C 
for fiscal year 1995, the Secretary shall reserve up to $200,000 to 
carry out this subtitle.''.

SEC. 202. TRAINING AND DEMONSTRATION PROJECTS.

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

           ``Subtitle B--Training and Demonstration Projects

``SEC. 211. TRAINING.

    ``(a) Technology Training.--
            ``(1) General authority.--The Secretary shall make grants 
        to, or enter into contracts or cooperative agreements with, 
        appropriate public or private agencies and organizations, 
        including institutions of higher education and community-based 
        organizations, for the purposes of--
                    ``(A) conducting training sessions;
                    ``(B) developing, demonstrating, disseminating, and 
                evaluating curricula, materials, and methods used to 
                train individuals regarding the provision of 
                technology-related assistance, to enhance opportunities 
                for independence, productivity, and inclusion of 
                individuals with disabilities; and
                    ``(C) providing training to develop awareness, 
                skills, and competencies of service providers, 
                consumers, and volunteers, who are located in rural 
                areas, to increase the availability of technology-
                related assistance in community-based settings for 
                rural residents who are individuals with disabilities.
            ``(2) Eligible activities.--Activities conducted under 
        grants, contracts, or cooperative agreements described in 
        paragraph (1) may address the training needs of individuals 
        with disabilities and their family members, guardians, 
        advocates, and authorized representatives, individuals who work 
        for public agencies, or for private entities (including 
        insurers), that have contact with individuals with 
        disabilities, educators and related services personnel, 
        technology experts (including engineers), employers, and other 
        appropriate individuals.
            ``(3) Uses of funds.--An agency or organization that 
        receives a grant or enters into a contract or cooperative 
        agreement under paragraph (1) may use amounts made available 
        through the grant, contract, or agreement to--
                    ``(A) pay for a portion of the cost of courses of 
                training or study related to technology-related 
                assistance; and
                    ``(B) establish and maintain scholarships related 
                to such courses of training or study, with such 
                stipends and allowances as the Secretary may determine 
                to be appropriate.
            ``(4) Application.--
                    ``(A) In general.--To be eligible to receive a 
                grant or enter into a contract or cooperative agreement 
                under paragraph (1), an agency or organization shall 
                submit an application to the Secretary at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    ``(B) Strategies.--At a minimum, any such 
                application shall include a detailed description of the 
                strategies that the agency or organization will use to 
                recruit and train persons to provide technology-related 
                assistance, in order to--
                            ``(i) increase the extent to which such 
                        persons reflect the diverse populations of the 
                        United States; and
                            ``(ii) increase the number of individuals 
                        with disabilities, and individuals who are 
                        members of minority groups, who are available 
                        to provide such assistance.
            ``(5) Priorities.--
                    ``(A) In general.--Beginning in fiscal year 1994, 
                the Secretary shall--
                            ``(i) establish priorities for activities 
                        carried out with assistance under this 
                        subsection;
                            ``(ii) publish such priorities in the 
                        Federal Register for the purpose of receiving 
                        public comment; and
                            ``(iii) publish such priorities in the 
                        Federal Register in final form not later than 
                        the date on which the Secretary publishes 
                        announcements for assistance provided under 
                        this subsection.
                    ``(B) Explanation of determination of priorities.--
                Concurrent with the publications required by 
                subparagraph (A), the Secretary shall publish in the 
                Federal Register an explanation of the manner in which 
                the priorities were determined.
    ``(b) Technology Careers.--
            ``(1) In general.--
                    ``(A) Grants.--The Secretary shall make grants to 
                assist public or private agencies and organizations, 
                including institutions of higher education, to prepare 
                students and faculty working in specific fields for 
                careers relating to the provision of assistive 
                technology devices and assistive technology services.
                    ``(B) Fields.--The specific fields described in 
                subparagraph (A) may include--
                            ``(i) engineering;
                            ``(ii) industrial technology;
                            ``(iii) computer science;
                            ``(iv) communication disorders;
                            ``(v) special education and related 
                        services;
                            ``(vi) rehabilitation; and
                            ``(vii) social work.
            ``(2) Priority.--In awarding grants under paragraph (1), 
        the Secretary shall give priority to the interdisciplinary 
        preparation of personnel who provide or who will provide 
        technical assistance, who administer programs, or who prepare 
        other personnel, in order to--
                    ``(A) support the development and implementation of 
                consumer-responsive comprehensive statewide programs of 
                technology-related assistance to individuals with 
                disabilities; and
                    ``(B) enhance the skills and competencies of 
                individuals involved in the provision of technology-
                related assistance, including assistive technology 
                devices and assistive technology services, to 
                individuals with disabilities.
            ``(3) Uses of funds.--An agency or organization that 
        receives a grant under paragraph (1) may use amounts made 
        available through the grant to--
                    ``(A) pay for a portion of the cost of courses of 
                training or study related to technology-related 
                assistance; and
                    ``(B) establish and maintain scholarships related 
                to such courses of training or study, with such 
                stipends and allowances as the Secretary may determine 
                to be appropriate.
            ``(4) Application.--
                    ``(A) In general.--To be eligible to receive a 
                grant under this section, an agency or organization 
                shall submit an application to the Secretary at such 
                time, in such manner, and containing such information 
                as the Secretary may require.
                    ``(B) Strategies.--At a minimum, any such 
                application shall include a detailed description of the 
                strategies that the agency or organization will use to 
                recruit and train persons to provide technology-related 
                assistance, in order to--
                            ``(i) increase the extent to which such 
                        persons reflect the diverse populations of the 
                        United States; and
                            ``(ii) increase the number of individuals 
                        with disabilities, and individuals who are 
                        members of minority groups, who are available 
                        to provide such assistance.
    ``(c) Grants to Historically Black Colleges.--In exercising the 
authority granted in subsections (a) and (b), the Secretary shall 
reserve an adequate amount for grants to historically black colleges 
and universities and other institutions of higher education whose 
minority student enrollment is at least 50 percent.

``SEC. 212. TECHNOLOGY TRANSFER.

    ``The Secretary shall enter into an agreement with an organization 
whose primary function is to promote technology transfer from, and 
cooperation among, Federal laboratories (as defined in section 4(6) of 
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3703(6))), under which funds shall be provided to promote technology 
transfer that will spur the development of assistive technology 
devices.

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

    ``(a) In General.--The Secretary shall make grants to, or enter 
into contracts or cooperative agreements with, public agencies, private 
entities, or institutions of higher education for the purpose of 
developing and establishing recycling projects.
    ``(b) Project Activities.--Such recycling projects may include--
            ``(1) a system for accepting, on an unconditional gift 
        basis, assistive technology devices, including a process for 
        valuing the devices and evaluating their use and potential;
            ``(2) a system for storing and caring for such devices;
            ``(3) an information system (including computer databases) 
        by which local educational agencies, rehabilitation entities, 
        local community-based organizations, independent living 
        centers, and other entities, would be informed, on a periodic 
        and timely basis, about the availability and nature of the 
        devices currently held; and
            ``(4) a system that makes such devices available to 
        consumers and the entities listed in paragraph (3), and 
        provides for tracking each device throughout the useful life of 
        the device.
    ``(c) Multiple Providers.--
            ``(1) In general.--With respect to activities funded under 
        this section, an agency, entity, or institution may utilize a 
        single service provider or may establish a system of service 
        providers.
            ``(2) Assurances.--If an agency, entity, or institution 
        uses multiple providers, the agency, entity, or institution 
        shall assure that--
                    ``(A) all consumers within a State will receive 
                equal access to services, regardless of the geographic 
                location or socioeconomic status of the consumers; and
                    ``(B) all activities of the providers will be 
                coordinated and monitored by the agency, entity, or 
                institution.
    ``(d) Other Laws.--Nothing in this section shall affect the 
provision of services or devices pursuant to title I of the 
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) or part B of the 
Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
    ``(e) Existing Programs.--Public agencies, private entities, or 
institutions of higher education that have established recycling 
programs prior to receiving assistance under this section may use funds 
made available under this section to extend and strengthen such 
programs through grants, contracts, or agreements under this section.

``SEC. 214. BUSINESS OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES.

    ``The Secretary may make grants to individuals with disabilities to 
enable the individuals to establish or operate commercial or other 
enterprises that develop or market assistive technology devices or 
assistive technology services.

``SEC. 215. PRODUCTS OF UNIVERSAL DESIGN.

    ``The Secretary may make grants to commercial or other enterprises 
and institutions of higher education for the research and development 
of products of universal design. In awarding such grants, the Secretary 
shall give preference to enterprises that are owned or operated by 
individuals with disabilities.

``SEC. 216. GOVERNING STANDARDS FOR ACTIVITIES.

    ``Persons and entities that carry out activities pursuant to this 
subtitle shall--
            ``(1) be held to the same consumer-responsive standards as 
        the persons and entities carrying out programs under title I;
            ``(2) make available to individuals with disabilities and 
        their family members, guardians, advocates, and authorized 
        representatives information concerning technology-related 
        assistance in a form that will allow such individuals with 
        disabilities to effectively use such information;
            ``(3) in preparing such information for dissemination, 
        consider the media-related needs of individuals with 
        disabilities who have sensory and cognitive limitations and 
        consider the use of auditory materials, including audio 
        cassettes, visual materials, including video cassettes and 
        video discs, and braille materials; and
            ``(4) coordinate their efforts with the consumer-responsive 
        comprehensive statewide program of technology-related 
        assistance for individuals with disabilities in any State in 
        which the activities are carried out.

             ``Subtitle C--Authorization of Appropriations

``SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
$10,000,000 for fiscal year 1994, and such sums as may be necessary for 
each of the fiscal years 1995 through 1998.''.

              TITLE III--ALTERNATIVE FINANCING MECHANISMS

SEC. 301. ALTERNATIVE FINANCING MECHANISMS AUTHORIZED.

    The Act (29 U.S.C. 2201 et seq.) is amended by adding at the end 
the following:

             ``TITLE III--ALTERNATIVE FINANCING MECHANISMS

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

    ``(a) In General.--The Secretary shall award grants to States to 
pay for the Federal share of the cost of the establishment and 
administration of, or the expansion and administration of, alternative 
financing mechanisms (referred to individually in this title as an 
`alternative financing mechanism') to allow individuals with 
disabilities and their family members, guardians, and authorized 
representatives to purchase assistive technology devices and assistive 
technology services.
    ``(b) Mechanisms.--The alternative financing mechanisms may 
include--
            ``(1) a low-interest loan fund;
            ``(2) a revolving fund;
            ``(3) a loan insurance program;
            ``(4) a partnership with private entities for the purchase, 
        lease, or other acquisition of assistive technology devices or 
        the provision of assistive technology services; and
            ``(5) other alternative financing mechanisms that meet the 
        requirements of this Act and are approved by the Secretary.
    ``(c) Construction.--Nothing in this section shall be construed as 
affecting the authority of a State to establish alternative financing 
mechanisms under title I.

``SEC. 302. APPLICATIONS AND PROCEDURES.

    ``(a) Eligibility.--States that receive or have received grants 
under section 102 or 103 shall be eligible to compete for grants under 
section 301.
    ``(b) Requirements.--The Secretary shall make grants under section 
301 under such conditions as the Secretary shall, by regulation, 
determine, except that--
            ``(1) a State may receive only 1 grant under section 301 
        and may only receive such a grant for 1 year under this title;
            ``(2) a State that desires to receive a grant under section 
        301 shall submit an application to the Secretary, at such time 
        and in such manner as the Secretary may require, containing--
                    ``(A) an assurance that the State will provide at 
                least 50 percent of the cost described in section 
                301(a), as set forth in section 304, for the purpose of 
                supporting the alternative financing mechanisms that 
                are covered by the grant;
                    ``(B) an assurance that an alternative financing 
                mechanism will continue on a permanent basis; and
                    ``(C) a description of the degree to which the 
                alternative financing mechanisms to be funded under 
                section 301 will expand and emphasize consumer choice 
                and control;
            ``(3) a State that receives a grant under section 301--
                    ``(A) shall enter into a contract, with a 
                community-based organization (or a consortia of such 
                organizations) that has individuals with disabilities 
                involved at all organizational levels, for the 
                administration of the alternative financing mechanisms 
                that are supported under section 301; and
                    ``(B) shall require that such community-based 
                organization enter into a contract, for the purpose of 
                expanding opportunities under section 301 and 
                facilitating the administration of the alternative 
                financing mechanisms, with--
                            ``(i) commercial lending institutions or 
                        organizations; or
                            ``(ii) State financing agencies; and
            ``(4) a contract between a State that receives a grant 
        under section 301 and a community-based organization described 
        in paragraph (3)--
                    ``(A) shall include a provision regarding the 
                administration of the Federal and the non-Federal 
                shares in a manner consistent with the provisions of 
                this title; and
                    ``(B) shall include any provision required by the 
                Secretary dealing with oversight and evaluation as may 
                be necessary to protect the financial interests of the 
                United States.

``SEC. 303. GRANT ADMINISTRATION REQUIREMENTS.

    ``A State that receives a grant under section 301, together with 
any community-based organization that enters into a contract with the 
State to administer an alternative financing mechanism that is 
supported under section 301, shall develop and submit to the Secretary, 
pursuant to a timeline that the Secretary may establish or, if the 
Secretary does not establish a timeline, within the 12-month period 
beginning on the date that the State receives the grant, the following 
policies or procedures for administration of the mechanism:
            ``(1) A procedure to review and process in a timely fashion 
        requests for financial assistance for both immediate and 
        potential technology needs, including consideration of methods 
        to reduce paperwork and duplication of effort, particularly 
        relating to need, eligibility, and determination of the 
        specific device or service to be provided.
            ``(2) A policy and procedure to assure that access to the 
        alternative financing mechanism shall be given to consumers 
        regardless of type of disability, age, location of residence in 
        the State, or type of assistive technology device or assistive 
        technology service requested and shall be made available to 
        applicants of all income levels.
            ``(3) A procedure to assure consumer-controlled oversight.

``SEC. 304. FINANCIAL REQUIREMENTS.

    ``(a) Federal Share.--The Federal share of the costs described in 
section 301(a) shall be not more than 50 percent.
    ``(b) Requirements.--A State that desires to receive a grant under 
section 301 shall include in the application submitted under section 
302 assurances that the State will meet the following requirements 
regarding funds supporting an alternative funding mechanism assisted 
under section 301:
            ``(1) The State shall make available the funds necessary to 
        provide the non-Federal share of the costs described in section 
        301(a), in cash, from State, local, or private sources.
            ``(2) Funds that support an alternative financing mechanism 
        assisted under section 301--
                    ``(A) shall be used to supplement and not supplant 
                other Federal, State, and local public funds expended 
                to provide public funding options; and
                    ``(B) may only be distributed through the entity 
                carrying out the alternative financing mechanism as a 
                payer of last resort for assistance that is not 
                available in a reasonable or timely fashion from any 
                other Federal, State, or local source.
            ``(3) All funds that support an alternative financing 
        mechanism assisted under section 301, including funds repaid 
        during the life of the mechanism, shall be placed in a 
        permanent separate account and identified and accounted for 
        separately from any other fund. Funds within this account may 
        be invested in low-risk securities in which a regulated 
        insurance company may invest under the law of the State for 
        which the grant is provided and shall be administered with the 
        same judgment and care that a person of prudence, discretion, 
        and intelligence would exercise in the management of the 
        financial affairs of such person.
            ``(4) Funds comprised of the principal and interest from an 
        account described in paragraph (3) shall be available to 
        support an alternative financing mechanism assisted under 
        section 301. Any interest or investment income that accrues on 
        such funds after such funds have been placed under the control 
        of the entity administering the mechanism, but before such 
        funds are distributed for purposes of supporting the mechanism, 
        shall be the property of the entity administering the mechanism 
        and shall not be taken into account by any officer or employee 
        of the Federal Government for any purpose.

``SEC. 305. AMOUNT OF GRANTS.

    ``(a) Amount.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        grant under section 301 shall be for an amount that is not more 
        than $500,000.
            ``(2) Increases.--Such a grant may be increased by any 
        additional funds made available under subsection (b).
    ``(b) Excess Funds.--If funds appropriated under section 308 for a 
fiscal year exceed the amount necessary to fund the activities 
described in acceptable applications submitted under section 302 for 
such year, the Secretary shall make such excess amount available, on a 
competitive basis, to States receiving grants under section 301 for 
such year. A State that desires to receive additional funds under this 
subsection shall amend and resubmit to the Secretary the application 
submitted under section 302. Such amended application shall contain an 
assurance that the State will provide an additional amount for the 
purpose of supporting the alternative financing mechanisms covered by 
the grant that is not less than the amount of any additional funds paid 
to the State by the Secretary under this subsection.
    ``(c) Insufficient Funds.--If funds appropriated under section 308 
for a fiscal year are not sufficient to fund each of the activities 
described in the acceptable applications for such year, a State whose 
application was approved as acceptable for such year but that did not 
receive a grant under section 301, may update such application for the 
succeeding fiscal year. Priority shall be given in such succeeding 
fiscal year to such updated applications, if acceptable.

``SEC. 306. TECHNICAL ASSISTANCE.

    ``(a) In General.--The Secretary shall provide information and 
technical assistance to States under this title, and the information 
and technical assistance shall include--
            ``(1) assisting States in the preparation of applications 
        for grants under section 301;
            ``(2) assisting States that receive such grants in 
        developing and implementing alternative financing mechanisms; 
        and
            ``(3) providing any other information and technical 
        assistance to assist States in accomplishing the objectives of 
        this title.
    ``(b) Grants, Contracts, and Agreements.--The Secretary shall 
provide the information and technical assistance described in 
subsection (a) through grants, contracts, or cooperative agreements 
with public or private agencies and organizations, including 
institutions of higher education, with documented experience, 
expertise, and capacity to assist States in the development and 
implementation of the alternative financing mechanisms described in 
section 301.

``SEC. 307. ANNUAL REPORT.

    ``(a) In General.--Not later than December 31 of each year, the 
Secretary shall submit a report to the Congress stating whether each 
State program to provide alternative financing mechanisms that was 
supported under section 301 during the year is making significant 
progress in achieving the objectives of this title.
    ``(b) Contents.--The report shall include information on--
            ``(1) the number of applications for grants under section 
        301 that were received by the Secretary;
            ``(2) the number of grants made and the amounts of such 
        grants;
            ``(3) the ratio of the amount of funds provided by each 
        State for a State program to provide alternative financing 
        mechanisms to the amount of Federal funds provided for such 
        program;
            ``(4) the type of program to provide alternative financing 
        mechanisms that was adopted in each State and the community-
        based organization (or consortia of such organizations) with 
        which each State has entered into a contract; and
            ``(5) the amount of assistance given to consumers (who 
        shall be classified by age, type of disability, type of 
        assistive technology device or assistive technology service 
        received, geographic distribution within the State, gender, and 
        whether the consumers are part of an underrepresented 
        population or a rural population).

``SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this title $8,000,000 for fiscal year 1994, and such sums as may be 
necessary for each of the fiscal years 1995 through 1998.
    ``(b) Availability in Succeeding Fiscal Year.--Amounts appropriated 
under subsection (a) shall remain available for obligation for the 
fiscal year immediately following the fiscal year for which such 
amounts were appropriated.
    ``(c) Reservation.--Of the amounts appropriated under subsection 
(a), the Secretary shall reserve $250,000 for the purpose of providing 
information and technical assistance to States under section 306.''.

                   TITLE IV--AMENDMENTS TO OTHER ACTS

SEC. 401. INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

    Section 631(a)(1) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1431(a)(1)) is amended--
            (1) by striking ``, and'' at the end of subparagraph (D) 
        and inserting a comma;
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``, and''; and
            (3) by adding at the end the following:
            ``(F) training in the use, applications, and benefits of 
        assistive technology devices and assistive technology services 
        (as defined in paragraphs (2) and (3) of section 3 of the 
        Technology-Related Assistance for Individuals With Disabilities 
        Act of 1988 (29 U.S.C. 2202 (2) and (3))).''.

SEC. 402. REHABILITATION ACT OF 1973.

    (a) National Institute on Disability and Rehabilitation Research.--
Section 202(b)(8) of the Rehabilitation Act of 1973 (29 U.S.C. 
761a(b)(8)) is amended by striking ``characteristics of individuals 
with disabilities'' and inserting ``characteristics of individuals with 
disabilities, including information on individuals with disabilities 
who live in rural or inner-city settings, with particular attention 
given to underserved populations,''.
    (b) Training.--Section 302(b)(1)(B) of the Rehabilitation Act of 
1973 (29 U.S.C. 771a(b)(1)(B)), as added by section 302(b) of Public 
Law 102-569 (106 Stat. 4412), is amended--
            (1) by striking ``; and'' at the end of clause (ii) and 
        inserting a semicolon;
            (2) by striking the period at the end of clause (iii) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(iv) projects to train personnel in the use, 
                applications, and benefits of assistive technology 
                devices and assistive technology services (as defined 
                in paragraphs (2) and (3) of section 3 of the 
                Technology-Related Assistance for Individuals With 
                Disabilities Act of 1988 (29 U.S.C. 2202 (2) and 
                (3))).''.

SEC. 403. ADMINISTRATIVE REQUIREMENTS UNDER THE HEAD START ACT.

    Section 644(f) of the Head Start Act (42 U.S.C. 9839(f)) is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``, or to request approval of the 
                purchase (after December 31, 1986) of facilities,'' 
                after ``to purchase facilities''; and
                    (B) by adding at the end the following: ``The 
                Secretary shall suspend any proceedings pending against 
                any Head Start agency to claim costs incurred in 
                purchasing such facilities until the agency has been 
                afforded an opportunity to apply for approval of the 
                purchase and the Secretary has determined whether the 
                purchase will be approved. The Secretary shall not be 
                required to repay claims previously satisfied by Head 
                Start agencies for costs incurred in the purchase of 
                such facilities.''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``or that was 
                previously purchased'' before the semicolon;
                    (B) in subparagraph (C)--
                            (i) by inserting ``, or the previous 
                        purchase has resulted,'' after ``purchase will 
                        result'' in clause (i); and
                            (ii) in clause (ii)--
                                    (I) by inserting ``, or would have 
                                prevented,'' after ``will prevent''; 
                                and
                                    (II) by striking ``and'' at the 
                                end;
                    (C) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (D) by inserting after subparagraph (C) the 
                following:
            ``(D) in the case of a request regarding a previously 
        purchased facility, information demonstrating that the facility 
        will be used principally as a Head Start center, or a direct 
        support facility for a Head Start program; and''.

SEC. 404. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Assistive Technology Device.--Section 7(23) of the 
Rehabilitation Act of 1973 (29 U.S.C. 706(23)), as added by section 
102(n) of Public Law 102-569 (106 Stat. 4350), is amended--
            (1) by striking ``3(1)'' and inserting ``3(2)''; and
            (2) by striking ``2202(1)'' and inserting ``2202(2)''.
    (b) Assistive Technology Service.--Section 7(24) of the 
Rehabilitation Act of 1973 (29 U.S.C. 706(24)), as added by section 
102(n) of Public Law 102-569 (106 Stat. 4350), is amended--
            (1) by striking ``3(2)'' and inserting ``3(3)''; and
            (2) by striking ``2202(2)'' and inserting ``2202(3)''.

                        TITLE V--EFFECTIVE DATE

SEC. 501. EFFECTIVE DATE.

    (a) In General.--Except as otherwise specifically provided in this 
Act, this Act and the amendments made by this Act shall take effect on 
the date of the enactment of this Act.
    (b) Compliance.--Each State receiving a grant under the Technology-
Related Assistance for Individuals With Disabilities Act of 1988 shall 
comply with the amendments made by this Act--
            (1) as soon as practicable after the date of the enactment 
        of this Act, consistent with the effective and efficient 
        administration of the Technology-Related Assistance for 
        Individuals With Disabilities Act of 1988; but
            (2) not later than--
                    (A) the next date on which the State receives an 
                award through a grant under section 102 or 103 of such 
                Act; or
                    (B) October 1, 1994,
        whichever is sooner.

            Attest:

                                                                 Clerk.

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