H. R. 2339

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To revise and extend the programs of the Technology-Related Assistance for Individuals With Disabilities Act of 1988, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘TechnologyRelated 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.).
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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 technologyrelated 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;
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‘‘(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—
H. R. 2339—4

‘‘(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
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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 para- graphs (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
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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 TECHNOLOGYRELATED 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
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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.’’.
H. R. 2339—8

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,
H. R. 2339—9

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 author-
H. R. 2339—10

ized 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 individ-
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uals 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—
H. R. 2339—12

‘‘(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,
H. R. 2339—13

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.
H. R. 2339—14

‘‘(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—
H. R. 2339—15

‘‘(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)—
H. R. 2339—16

(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;
H. R. 2339—17

(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,
H. R. 2339—18

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
H. R. 2339—19

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.
H. R. 2339—20

‘‘(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 consumerresponsive, 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
H. R. 2339—21

(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.—
H. R. 2339—22

‘‘(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 technologyrelated 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.
H. R. 2339—23

‘‘(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
H. R. 2339—24

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.
H. R. 2339—25

‘‘(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 consumerresponsive 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.
H. R. 2339—26

‘‘(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
H. R. 2339—27

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.
H. R. 2339—28

‘‘(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 ‘‘consumerresponsive comprehensive statewide program’’.

(b) CORRECTIVE ACTION PLAN.—Section 105(b) (29 U.S.C.

2215(b)) is amended—

(1) in paragraph (2)—
H. R. 2339—29

(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.
H. R. 2339—30

‘‘(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;
H. R. 2339—31

‘‘(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 com-
H. R. 2339—32

petencies of the professionals with respect to technologyrelated 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 innercity 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
H. R. 2339—33

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 ASSIST- ANCE.— ‘‘(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
H. R. 2339—34

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
H. R. 2339—35

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).’’.
H. R. 2339—36

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
H. R. 2339—37

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
H. R. 2339—38

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 communitybased 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
H. R. 2339—39

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 tech-
H. R. 2339—40

nical 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 organiza- tion 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.
H. R. 2339—41

‘‘(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—
H. R. 2339—42

‘‘(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;
H. R. 2339—43

‘‘(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 communitybased 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.
H. R. 2339—44

‘‘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.
H. R. 2339—45

‘‘(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
H. R. 2339—46

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
H. R. 2339—47

(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 pur- chase (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 subpara- graph (E); and (D) by inserting after subparagraph (C) the following:
H. R. 2339—48

‘‘(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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.