103D CONGRESS

2D SESSION H. R. 2339

AMENDMENT

TO

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

February 8, 1994.

Resolved, That the House agree to the amendment of

the Senate to the bill (H.R. 2339) entitled ‘‘An Act to revise

and extend the programs of the Technology-Related Assistance for Individuals With Disabilities Act of 1988, and for

other purposes’’, with the following

AMENDMENT:

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

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

6 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. Findings, purposes, and policy.

Sec. 4. Definitions.

TITLE I—GRANTS TO STATES

Sec. 101. Program authorized.

Sec. 102. Development grants.

Sec. 103. Extension grants.

Sec. 104. Progress criteria and reports.

Sec. 105. Administrative provisions.

Sec. 106. Authorization of appropriations.

Sec. 107. Repeals.

TITLE II—PROGRAMS OF NATIONAL SIGNIFICANCE

Sec. 201. National classification system.
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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.

1 SEC. 2. REFERENCES.

2 Except as otherwise specifically provided, whenever in

3 this Act an amendment or repeal is expressed in terms of

4 an amendment to, or a repeal of, a section or other provi5 sion, the reference shall be considered to be made to a section

6 or other provision of the Technology-Related Assistance for

7 Individuals With Disabilities Act of 1988 (29 U.S.C. 2201

8 et seq.).

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

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

11 is amended by striking the heading and inserting the follow12 ing:

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

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

15 amended to read as follows:

16 ‘‘(a) FINDINGS.—The Congress finds as follows:
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1 ‘‘(1) Disability is a natural part of the human

2 experience and in no way diminishes the right of in3 dividuals to—

4 ‘‘(A) live independently;

5 ‘‘(B) enjoy self-determination;

6 ‘‘(C) make choices;

7 ‘‘(D) pursue meaningful careers; and

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

9 the economic, political, social, cultural, and edu10 cational mainstream of American society.

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

12 major advances in modern technology. Technology is

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

14 the United States. Technology can provide important

15 tools for making the performance of tasks quicker and

16 easier.

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

18 assistive technology devices and assistive technology

19 services are necessary to enable the individuals—

20 ‘‘(A) to have greater control over their lives;

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

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

23 work environments, and in their communities;

24 ‘‘(C) to interact to a greater extent with in25 dividuals who do not have disabilities; and
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1 ‘‘(D) to otherwise benefit from opportunities

2 that are taken for granted by individuals who do

3 not have disabilities.

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

5 development of assistive technology devices, including

6 adaptations to existing equipment, that significantly

7 benefit individuals with disabilities of all ages. Such

8 devices can be used to increase the involvement of

9 such individuals in, and reduce expenditures associ10 ated with, programs and activities such as early

11 intervention, education, rehabilitation and training,

12 employment, residential living, independent living,

13 recreation, and other aspects of daily living.

14 ‘‘(5) Most States have technology-related assist15 ance programs carried out under this Act. In spite of

16 the efforts made by such programs, there remains a

17 need to support systems change and advocacy activi18 ties in order to assist States to develop and imple19 ment consumer-responsive, comprehensive statewide

20 programs of technology-related assistance for individ21 uals with disabilities of all ages.

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

23 technology-related assistance programs, there is still a

24 lack of—
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1 ‘‘(A) resources to pay for assistive tech2 nology devices and assistive technology services;

3 ‘‘(B) trained personnel to assist individuals

4 with disabilities to use such devices and services;

5 ‘‘(C) information among individuals with

6 disabilities and their family members, guard7 ians, advocates, and authorized representatives,

8 individuals who work for public agencies, or for

9 private entities (including insurers), that have

10 contact with individuals with disabilities, edu11 cators and related service personnel, technology

12 experts (including engineers), employers, and

13 other appropriate individuals about the avail14 ability and potential of technology for individ15 uals with disabilities;

16 ‘‘(D) aggressive outreach to

17 underrepresented populations and rural popu18 lations;

19 ‘‘(E) systems that ensure timely acquisition

20 and delivery of assistive technology devices and

21 assistive technology services, particularly with

22 respect to children;

23 ‘‘(F) coordination among State human serv24 ices programs, and between such programs and

25 private entities, particularly with respect to
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1 transitions between such programs and entities;

2 and

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

4 the necessary technology-related assistance.

5 ‘‘(7) Many individuals with disabilities cannot

6 access existing telecommunications and information

7 technologies and are at risk of not being able to access

8 developing technologies. The failure of Federal and

9 State governments, hardware manufacturers, software

10 designers, information systems managers, and tele11 communications service providers to account for the

12 specific needs of individuals with disabilities results

13 in the exclusion of such individuals from the use of

14 telecommunications and information technologies and

15 results in unnecessary costs associated with the retro16 fitting of devices and product systems.

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

18 commercial pursuit of the application of technology

19 devices to meet the needs of individuals with disabil20 ities, because of the perception that such individuals

21 constitute a limited market.

22 ‘‘(9) At the Federal level, there is a lack of co23 ordination among agencies that provide or pay for

24 the provision of assistive technology devices and

25 assistive technology services. In addition, the Federal
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1 Government does not provide adequate assistance and

2 information with respect to the use of assistive tech3 nology devices and assistive technology services to in4 dividuals with disabilities and their family members,

5 guardians, advocates, and authorized representatives,

6 individuals who work for public agencies, or for pri7 vate entities (including insurers), that have contact

8 with individuals with disabilities, educators and re9 lated services personnel, technology experts (including

10 engineers), employers, and other appropriate individ11 uals.’’.

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

13 amended to read as follows:

14 ‘‘(b) PURPOSES.—The purposes of this Act are as fol15 lows:

16 ‘‘(1) To provide financial assistance to the States

17 to support systems change and advocacy activities de18 signed to assist each State in developing and imple19 menting a consumer-responsive comprehensive state20 wide program of technology-related assistance, for in21 dividuals with disabilities of all ages, that is designed

22 to—

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

24 for, access to, and provision of, assistive tech25 nology devices and assistive technology services;
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1 ‘‘(B) increase the active involvement of in2 dividuals with disabilities and their family

3 members, guardians, advocates, and authorized

4 representatives, in the planning, development,

5 implementation, and evaluation of such a pro6 gram;

7 ‘‘(C) increase the involvement of individuals

8 with disabilities and, if appropriate, their fam9 ily members, guardians, advocates, or authorized

10 representatives, in decisions related to the provi11 sion of assistive technology devices and assistive

12 technology services;

13 ‘‘(D) increase the provision of outreach to

14 underrepresented populations and rural popu15 lations, to enable the two populations to enjoy

16 the benefits of programs carried out to accom17 plish purposes described in this paragraph to the

18 same extent as other populations;

19 ‘‘(E) increase and promote coordination

20 among State agencies, and between State agen21 cies and private entities, that are involved in

22 carrying out activities under this title, particu23 larly providing assistive technology devices and

24 assistive technology services, that accomplish a
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1 purpose described in another subparagraph of

2 this paragraph;

3 ‘‘(F)(i) increase the awareness of laws, regu4 lations, policies, practices, procedures, and orga5 nizational structures, that facilitate the avail6 ability or provision of assistive technology de7 vices and assistive technology services; and

8 ‘‘(ii) facilitate the change of laws, regula9 tions, policies, practices, procedures, and organi10 zational structures, that impede the availability

11 or provision of assistive technology devices and

12 assistive technology services;

13 ‘‘(G) increase the probability that individ14 uals with disabilities of all ages will, to the ex15 tent appropriate, be able to secure and maintain

16 possession of assistive technology devices as such

17 individuals make the transition between services

18 offered by human service agencies or between set19 tings of daily living;

20 ‘‘(H) enhance the skills and competencies of

21 individuals involved in providing assistive tech22 nology devices and assistive technology services;

23 ‘‘(I) increase awareness and knowledge of

24 the efficacy of assistive technology devices and

25 assistive technology services among—
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1 ‘‘(i) individuals with disabilities and

2 their family members, guardians, advocates,

3 and authorized representatives;

4 ‘‘(ii) individuals who work for public

5 agencies, or for private entities (including

6 insurers), that have contact with individ7 uals with disabilities;

8 ‘‘(iii) educators and related services

9 personnel;

10 ‘‘(iv) technology experts (including en11 gineers);

12 ‘‘(v) employers; and

13 ‘‘(vi) other appropriate individuals;

14 ‘‘(J) increase the capacity of public agencies

15 and private entities to provide and pay for

16 assistive technology devices and assistive tech17 nology services on a statewide basis for individ18 uals with disabilities of all ages; and

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

20 individuals with disabilities for assistive tech21 nology devices and for assistive technology serv22 ices.

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

24 payment for assistive technology devices and assistive

25 technology services, to identify Federal policies that
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1 impede such payment, and to eliminate inappropri2 ate barriers to such payment.

3 ‘‘(3) To enhance the ability of the Federal Gov4 ernment to provide States with—

5 ‘‘(A) technical assistance, information,

6 training, and public awareness programs relat7 ing to the provision of assistive technology de8 vices and assistive technology services; and

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

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

11 by adding at the end the following:

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

13 all programs, projects, and activities receiving assistance

14 under this Act shall be consumer-responsive and shall be

15 carried out in a manner consistent with the principles of—

16 ‘‘(1) respect for individual dignity, personal re17 sponsibility, self-determination, and pursuit of mean18 ingful careers, based on informed choice, of individ19 uals with disabilities;

20 ‘‘(2) respect for the privacy, rights, and equal ac21 cess (including the use of accessible formats), of such

22 individuals;

23 ‘‘(3) inclusion, integration, and full participa24 tion of such individuals;
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1 ‘‘(4) support for the involvement of a family

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

3 representative, if an individual with a disability re4 quests, desires, or needs such support; and

5 ‘‘(5) support for individual and systems advo6 cacy and community involvement.’’.

7 SEC. 4. DEFINITIONS.

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

9 (1) by redesignating paragraphs (1) through (8)

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

11 (14), respectively;

12 (2) by inserting before paragraph (2) (as redesig13 nated by paragraph (1)) the following:

14 ‘‘(1) ADVOCACY SERVICES.—The term ‘advocacy

15 services’, except as used as part of the term ‘protection

16 and advocacy services’, means services—

17 ‘‘(A) provided to assist individuals with

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

20 in accessing assistive technology devices and

21 assistive technology services; and

22 ‘‘(B) provided through—

23 ‘‘(i) individual case management for

24 individuals with disabilities;
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1 ‘‘(ii) representation of individuals with

2 disabilities (other than representation with3 in the definition of protection and advocacy

4 services);

5 ‘‘(iii) training of individuals with dis6 abilities and their family members, guard7 ians, advocates, and authorized representa8 tives to successfully conduct advocacy for

9 themselves; or

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

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

12 paragraph (1)), by striking ‘‘family’’ and all that fol13 lows and inserting ‘‘the family members, guardians,

14 advocates, or authorized representatives of such an in15 dividual; and’’;

16 (4) by inserting after paragraph (3) (as redesig17 nated by paragraph (1)) the following:

18 ‘‘(4) COMPREHENSIVE STATEWIDE PROGRAM OF

19 TECHNOLOGY-RELATED ASSISTANCE.—The term ‘com20 prehensive statewide program of technology-related as21 sistance’ means a statewide program of technology-re22 lated assistance developed and implemented by a

23 State under title I that—

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

25 with disabilities, including members of
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1 underrepresented populations and members of

2 rural populations;

3 ‘‘(B) addresses such needs without regard to

4 the age, type of disability, race, ethnicity, or gen5 der of such individuals, or the particular major

6 life activity for which such individuals need the

7 assistance; and

8 ‘‘(C) addresses such needs without requiring

9 that the assistance be provided through any par10 ticular agency or service delivery system.

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

12 ‘consumer-responsive’ means, with respect to an en13 tity, program, or activity, that the entity, program,

14 or activity—

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

16 individuals with disabilities and, when appro17 priate, their family members, guardians, advo18 cates, or authorized representatives;

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

20 with disabilities in a timely and appropriate

21 manner; and

22 ‘‘(C) facilitates the full and meaningful par23 ticipation of individuals with disabilities (in24 cluding individuals from underrepresented popu25 lations and rural populations) and their family
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1 members, guardians, advocates, and authorized

2 representatives, in—

3 ‘‘(i) decisions relating to the provision

4 of assistive technology devices and assistive

5 technology services; and

6 ‘‘(ii) the planning, development, imple7 mentation, and evaluation of the com8 prehensive statewide program of technology9 related assistance.

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

11 condition of an individual that is considered to be a

12 disability or handicap for the purposes of any Fed13 eral law other than this Act or for the purposes of the

14 law of the State in which the individual resides.’’;

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

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

17 ‘‘(7) INDIVIDUAL WITH A DISABILITY; INDIVID18 UALS WITH DISABILITIES.—

19 ‘‘(A) INDIVIDUAL WITH A DISABILITY.—The

20 term ‘individual with a disability’ means any

21 individual—

22 ‘‘(i) who has a disability; and

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

24 assistive technology device or an assistive

25 technology service to minimize deterioration
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1 in functioning, to maintain a level of func2 tioning, or to achieve a greater level of func3 tioning in any major life activity.

4 ‘‘(B) INDIVIDUALS WITH DISABILITIES.—

5 The term ‘individuals with disabilities’ means

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

7 (6) in paragraph (8) (as redesignated by para8 graph (1))—

9 (A) by striking ‘‘section 435(b)’’ and insert10 ing ‘‘section 1201(a)’’; and

11 (B) by striking ‘‘1965’’ and inserting ‘‘1965

12 (20 U.S.C. 1141(a))’’;

13 (7) by inserting after paragraph (8) (as redesig14 nated by paragraph (1)) the following:

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

16 The term ‘protection and advocacy services’ means

17 services that—

18 ‘‘(A) are described in part C of the Devel19 opmental Disabilities Assistance and Bill of

20 Rights Act (42 U.S.C. 6041 et seq.), the Protec21 tion and Advocacy for Mentally Ill Individuals

22 Act (42 U.S.C. 10801 et seq.), or section 509 of

23 the Rehabilitation Act of 1973 (29 U.S.C. 794e);

24 and
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1 ‘‘(B) assist individuals with disabilities

2 with respect to assistive technology devices and

3 assistive technology services.’’;

4 (8) in paragraph (11) (as redesignated by para5 graph (1))—

6 (A) by striking ‘‘several States’’ and insert7 ing ‘‘several States of the United States’’;

8 (B) by striking ‘‘Virgin Islands’’ and in9 serting ‘‘United States Virgin Islands’’; and

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

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

12 Palau (until the Compact of Free Association

13 with Palau takes effect)’’;

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

15 following:

16 ‘‘(12) SYSTEMS CHANGE AND ADVOCACY ACTIVI17 TIES.—The term ‘systems change and advocacy ac18 tivities’ means efforts that result in laws, regulations,

19 policies, practices, or organizational structures that

20 promote consumer-responsive programs or entities

21 and that facilitate and increase access to, provision

22 of, and funding for, assistive technology devices and

23 assistive technology services on a permanent basis, in

24 order to empower individuals with disabilities to

25 achieve greater independence, productivity, and inte-
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1 gration and inclusion within the community and the

2 work force.’’;

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

4 paragraph (1))—

5 (A) by striking ‘‘functions performed and

6 activities carried out under section 101’’ and in7 serting ‘‘assistance provided through systems

8 change and advocacy activities’’; and

9 (B) by inserting ‘‘any of subparagraphs (A)

10 through (K) of’’ before ‘‘section 2(b)(1)’’; and

11 (11) by amending paragraph (14) (as redesig12 nated by paragraph (1)) to read as follows:

13 ‘‘(14) UNDERREPRESENTED POPULATION.—The

14 term ‘underrepresented population’ includes a popu15 lation such as minorities, the poor, and persons with

16 limited-English proficiency.’’.

17 TITLE I—GRANTS TO STATES

18 SEC. 101. PROGRAM AUTHORIZED.

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

20 2211(a)) is amended—

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

22 the following: ‘‘to support systems change and advo23 cacy activities designed’’; and

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

25 inserting ‘‘in developing and implementing’’.
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1 (b) ACTIVITIES.—Section 101 (29 U.S.C. 2211) is

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

3 the following:

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

5 under section 102 or 103 shall use the funds made available

6 through the grant to accomplish the purposes described in

7 section 2(b)(1) and, in accomplishing such purposes, may

8 carry out any of the following systems change and advocacy

9 activities:

10 ‘‘(1) MODEL SYSTEMS AND ALTERNATIVE STATE11 FINANCED SYSTEMS.—The State may support activi12 ties to increase access to, and funding for, assistive

13 technology, including—

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

15 efficacy, of model delivery systems that provide

16 assistive technology devices and assistive tech17 nology services to individuals with disabilities,

18 that pay for such devices and services, and that,

19 if successful, could be replicated or generally ap20 plied, such as—

21 ‘‘(i) the development of systems for the

22 purchase, lease, other acquisition, or pay23 ment for the provision, of assistive tech24 nology devices and assistive technology serv25 ices; or
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1 ‘‘(ii) the establishment of alternative

2 State or privately financed systems of sub3 sidies for the provision of assistive tech4 nology devices and assistive technology serv5 ices, such as—

6 ‘‘(I) a loan system for assistive

7 technology devices;

8 ‘‘(II) an income-contingent loan

9 fund;

10 ‘‘(III) a low-interest loan fund;

11 ‘‘(IV) a revolving loan fund;

12 ‘‘(V) a loan insurance program;

13 or

14 ‘‘(VI) a partnership with private

15 entities for the purchase, lease, or other

16 acquisition of assistive technology de17 vices and the provision of assistive

18 technology services;

19 ‘‘(B) the demonstration of assistive tech20 nology devices, including—

21 ‘‘(i) the provision of a location or loca22 tions within the State where—

23 ‘‘(I) individuals with disabilities

24 and their family members, guardians,
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1 advocates, and authorized representa2 tives;

3 ‘‘(II) education, rehabilitation,

4 health care, and other service provid5 ers;

6 ‘‘(III) individuals who work for

7 Federal, State, or local government en8 tities; and

9 ‘‘(IV) employers,

10 can see and touch assistive technology de11 vices, and learn about the devices from per12 sonnel who are familiar with such devices

13 and their applications;

14 ‘‘(ii) the provision of counseling and

15 assistance to individuals with disabilities

16 and their family members, guardians, advo17 cates, and authorized representatives to de18 termine individual needs for assistive tech19 nology devices and assistive technology serv20 ices; and

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

22 loan of assistive technology devices to indi23 viduals, employers, public agencies, or pub24 lic accommodations seeking strategies to

25 comply with the Americans with Disabil-
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1 ities Act of 1990 (42 U.S.C. 12101 et seq.)

2 and section 504 of the Rehabilitation Act of

3 1973 (29 U.S.C. 794); and

4 ‘‘(C) the establishment of information sys5 tems about, and recycling centers for, the redis6 tribution of assistive technology devices and

7 equipment that may include device and equip8 ment loans, rentals, or gifts.

9 ‘‘(2) INTERAGENCY COORDINATION.—The State

10 may support activities—

11 ‘‘(A) to identify and coordinate Federal and

12 State policies, resources, and services, relating to

13 the provision of assistive technology devices and

14 assistive technology services, including entering

15 into interagency agreements;

16 ‘‘(B) to convene interagency work groups to

17 enhance public funding options and coordinate

18 access to funding for assistive technology devices

19 and assistive technology services for individuals

20 with disabilities of all ages, with special atten21 tion to the issues of transition (such as transi22 tion from school to work, and transition from

23 participation in programs under part H of the

24 Individuals with Disabilities Education Act (20

25 U.S.C. 1471 et seq.), to participation in pro-
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1 grams under part B of such Act (20 U.S.C. 1411

2 et seq.)) home use, and individual involvement

3 in the identification, planning, use, delivery,

4 and evaluation of such devices and services; or

5 ‘‘(C) to document and disseminate informa6 tion about interagency activities that promote

7 coordination with respect to assistive technology

8 devices and assistive technology services, includ9 ing evidence of increased participation of State

10 and local special education, vocational rehabili11 tation, and State medical assistance agencies

12 and departments.

13 ‘‘(3) OUTREACH.—The State may carry out ac14 tivities to encourage the creation or maintenance of,

15 support, or provide assistance to, statewide and com16 munity-based organizations, or systems, that provide

17 assistive technology devices and assistive technology

18 services to individuals with disabilities or that assist

19 individuals with disabilities in using assistive tech20 nology devices and assistive technology services. Such

21 activities may include outreach to consumer organiza22 tions and groups in the State to coordinate the activi23 ties of the organizations and groups with efforts (in24 cluding self-help, support groups, and peer

25 mentoring) to assist individuals with disabilities and
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1 their family members, guardians, advocates, or au2 thorized representatives, to obtain funding for, and

3 access to, assistive technology devices and assistive

4 technology services.

5 ‘‘(4) EXPENSES.—The State may pay for ex6 penses, including travel expenses, and services, includ7 ing services of qualified interpreters, readers, and per8 sonal care assistants, that may be necessary to ensure

9 access to the comprehensive statewide program of tech10 nology-related assistance by individuals with disabil11 ities who are determined by the State to be in finan12 cial need.

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

14 State may conduct a statewide needs assessment that

15 may be based on data in existence on the date on

16 which the assessment is initiated and may include—

17 ‘‘(A) estimates of the numbers of individuals

18 with disabilities within the State, categorized by

19 residence, type and extent of disabilities, age,

20 race, gender, and ethnicity;

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

22 out under a development grant, a description of

23 efforts, during the fiscal year preceding the first

24 fiscal year for which the State received such a

25 grant, to provide assistive technology devices and
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1 assistive technology services to individuals with

2 disabilities within the State, including—

3 ‘‘(i) the number of individuals with

4 disabilities who received appropriate

5 assistive technology devices and assistive

6 technology services; and

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

8 services provided;

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

11 technology devices and assistive technology serv12 ices, and a description of the devices and services

13 needed;

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

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

18 services;

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

20 resources and private resources (including insur21 ance) that are available to establish a consumer22 responsive comprehensive statewide program of

23 technology-related assistance;

24 ‘‘(F) information identifying Federal and

25 State laws, regulations, policies, practices, proce-
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1 dures, and organizational structures, that facili2 tate or interfere with the operation of a

3 consumer-responsive comprehensive statewide

4 program of technology-related assistance;

5 ‘‘(G) a description of the procurement poli6 cies of the State and the extent to which such

7 policies will ensure, to the extent practicable,

8 that assistive technology devices purchased,

9 leased, or otherwise acquired with assistance

10 made available through a grant made under sec11 tion 102 or 103 are compatible with other tech12 nology devices, including technology devices de13 signed primarily for use by—

14 ‘‘(i) individuals who are not individ15 uals with disabilities;

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

17 ‘‘(iii) individuals with particular dis18 abilities; and

19 ‘‘(H) information resulting from an inquiry

20 about whether a State agency or task force (com21 posed of individuals representing the State and

22 individuals representing the private sector)

23 should study the practices of private insurance

24 companies holding licenses within the State that

25 offer health or disability insurance policies under
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1 which an individual may obtain reimbursement

2 for—

3 ‘‘(i) the purchase, lease, or other acqui4 sition of assistive technology devices; or

5 ‘‘(ii) the use of assistive technology

6 services.

7 ‘‘(6) PUBLIC AWARENESS PROGRAM.—

8 ‘‘(A) IN GENERAL.—The State may—

9 ‘‘(i) support a public awareness pro10 gram designed to provide information relat11 ing to the availability and efficacy of

12 assistive technology devices and assistive

13 technology services for—

14 ‘‘(I) individuals with disabilities

15 and their family members, guardians,

16 advocates, or authorized representa17 tives;

18 ‘‘(II) individuals who work for

19 public agencies, or for private entities

20 (including insurers), that have contact

21 with individuals with disabilities;

22 ‘‘(III) educators and related serv23 ices personnel;

24 ‘‘(IV) technology experts (includ25 ing engineers);
28

•HR 2339 EAH

1 ‘‘(V) employers; and

2 ‘‘(VI) other appropriate individ3 uals and entities; or

4 ‘‘(ii) establish and support such a pro5 gram if no such program exists.

6 ‘‘(B) CONTENTS.—Such a public awareness

7 program may include—

8 ‘‘(i) the development and dissemina9 tion of information relating to—

10 ‘‘(I) the nature of assistive tech11 nology devices and assistive technology

12 services;

13 ‘‘(II) the appropriateness, cost,

14 and availability of, and access to,

15 assistive technology devices and

16 assistive technology services; and

17 ‘‘(III) the efficacy of assistive

18 technology devices and assistive tech19 nology services with respect to enhanc20 ing the capacity of individuals with

21 disabilities;

22 ‘‘(ii) the development of procedures for

23 providing direct communication among

24 public providers of assistive technology de25 vices and assistive technology services and
29

•HR 2339 EAH

1 between public providers and private pro2 viders of such devices and services (includ3 ing employers); and

4 ‘‘(iii) the development and dissemina5 tion of information relating to the use of the

6 program by individuals with disabilities

7 and their family members, guardians, advo8 cates, or authorized representatives, profes9 sionals who work in a field related to an ac10 tivity described in this section, and other

11 appropriate individuals.

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

13 The State may carry out directly, or may provide

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

15 training and technical assistance activities—

16 ‘‘(A) that—

17 ‘‘(i) are provided for individuals with

18 disabilities and their family members,

19 guardians, advocates, and authorized rep20 resentatives, and other appropriate individ21 uals; and

22 ‘‘(ii) may include—

23 ‘‘(I) training in the use of

24 assistive technology devices and

25 assistive technology services;
30

•HR 2339 EAH

1 ‘‘(II) the development of written

2 materials, training, and technical as3 sistance describing the means by which

4 agencies consider the needs of an indi5 vidual with a disability for assistive

6 technology devices and assistive tech7 nology services in developing, for the

8 individual, any individualized edu9 cation program described in section

10 614(a)(5) of the Individuals with Dis11 abilities Education Act (20 U.S.C.

12 1414(a)(5)), any individualized writ13 ten rehabilitation program described in

14 section 102 of the Rehabilitation Act of

15 1973 (29 U.S.C. 722), any individual16 ized family service plan described in

17 section 677 of the Individuals with

18 Disabilities Education Act (20 U.S.C.

19 1477), and any other individualized

20 plans or programs;

21 ‘‘(III) training regarding the

22 rights of the persons described in clause

23 (i) to assistive technology devices and

24 assistive technology services under any

25 law other than this Act, to promote
31

•HR 2339 EAH

1 fuller independence, productivity, and

2 inclusion in and integration into soci3 ety of such persons; and

4 ‘‘(IV) training to increase

5 consumer participation in the identi6 fication, planning, use, delivery, and

7 evaluation of assistive technology de8 vices and assistive technology services;

9 and

10 ‘‘(B) that—

11 ‘‘(i) enhance the assistive technology

12 skills and competencies of—

13 ‘‘(I) individuals who work for

14 public agencies, or for private entities

15 (including insurers), that have contact

16 with individuals with disabilities;

17 ‘‘(II) educators and related serv18 ices personnel;

19 ‘‘(III) technology experts (includ20 ing engineers);

21 ‘‘(IV) employers; and

22 ‘‘(V) other appropriate personnel;

23 and

24 ‘‘(ii) include taking actions to facili25 tate the development of standards, or, when
32

•HR 2339 EAH

1 appropriate, the application of such stand2 ards, to ensure the availability of qualified

3 personnel.

4 ‘‘(8) PROGRAM DATA.—The State may support

5 the compilation and evaluation of appropriate data

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

7 ‘‘(9) ACCESS TO TECHNOLOGY-RELATED INFOR8 MATION.—

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

10 operate, or expand a system for public access to

11 information concerning an activity carried out

12 under another paragraph of this subsection, in13 cluding information about assistive technology

14 devices and assistive technology services, funding

15 sources and costs of such assistance, and individ16 uals, organizations, and agencies capable of car17 rying out such an activity for individuals with

18 disabilities.

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

20 provided through community-based entities, in21 cluding public libraries, centers for independent

22 living (as defined in section 702(1) of the Reha23 bilitation Act of 1973 (29 U.S.C. 796a(1))), and

24 community rehabilitation programs (as defined
33

•HR 2339 EAH

1 in section 7(25) of such Act (29 U.S.C.

2 706(25))).

3 ‘‘(C) SYSTEM.—In developing, operating, or

4 expanding a system described in subparagraph

5 (A), the State may—

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

7 print, large print, braille, audio, and video

8 materials, computer disks, compact discs

9 (including compact discs formatted with

10 read-only memory), information that can be

11 used in telephone-based information sys12 tems, and such other media as technological

13 innovation may make appropriate;

14 ‘‘(ii) identify and classify existing

15 funding sources, and the conditions of and

16 criteria for access to such sources, including

17 any funding mechanisms or strategies devel18 oped by the State;

19 ‘‘(iii) identify existing support groups

20 and systems designed to help individuals

21 with disabilities make effective use of an ac22 tivity carried out under another paragraph

23 of this subsection; and

24 ‘‘(iv) maintain a record of the extent to

25 which citizens of the State use or make in-
34

•HR 2339 EAH

1 quiries of the system established in subpara2 graph (A), and of the nature of such inquir3 ies.

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

5 may be organized on an interstate basis or as

6 part of a regional consortium of States in order

7 to facilitate the establishment of compatible,

8 linked information systems.

9 ‘‘(10) INTERSTATE ACTIVITIES.—

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

11 into cooperative agreements with other States to

12 expand the capacity of the States involved to as13 sist individuals with disabilities of all ages to

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

15 upgrade assistive technology devices and assistive

16 technology services that such individuals need at

17 home, at school, at work, or in other environ18 ments that are part of daily living.

19 ‘‘(B) ELECTRONIC COMMUNICATION.—The

20 State may operate or participate in a computer

21 system through which the State may electroni22 cally communicate with other States to gain

23 technical assistance in a timely fashion and to

24 avoid the duplication of efforts already under25 taken in other States.
35

•HR 2339 EAH

1 ‘‘(11) PARTNERSHIPS AND COOPERATIVE INITIA2 TIVES.—The State may support the establishment or

3 continuation of partnerships and cooperative initia4 tives between the public sector and the private sector

5 to promote greater participation by business and in6 dustry in—

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

8 dissemination of assistive technology devices; and

9 ‘‘(B) the ongoing provision of information

10 about new products to assist individuals with

11 disabilities.

12 ‘‘(12) ADVOCACY SERVICES.—The State may pro13 vide advocacy services.

14 ‘‘(13) OTHER ACTIVITIES.—The State may uti15 lize amounts made available through grants made

16 under section 102 or 103 for any systems change and

17 advocacy activities, other than the activities described

18 in another paragraph of this subsection, that are nec19 essary for developing, implementing, or evaluating the

20 consumer-responsive comprehensive statewide pro21 gram of technology-related assistance.

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

23 change and advocacy activities under this title, the State

24 shall ensure that the activities supplement, and not sup-
36

•HR 2339 EAH

1 plant, similar activities that have been carried out pursu2 ant to other Federal or State law.’’.

3 SEC. 102. DEVELOPMENT GRANTS.

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

5 (1) in subsection (a)—

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

8 and advocacy activities described in section

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

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

12 statewide programs’’ and inserting ‘‘in develop13 ing and implementing consumer-responsive com14 prehensive statewide programs’’;

15 (2) by striking subsection (b);

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

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

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

20 (A) in paragraph (3)(C), by striking ‘‘state21 wide program’’ and inserting ‘‘consumer-respon22 sive comprehensive statewide program’’; and

23 (B) in paragraph (5)—

24 (i) in subparagraph (A)—
37

•HR 2339 EAH

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

3 (II) by inserting ‘‘United States’’

4 before ‘‘Virgin Islands’’; and

5 (III) by striking ‘‘Trust Territory

6 of the Pacific Islands’’ and inserting

7 ‘‘Republic of Palau’’; and

8 (ii) in subparagraph (B)—

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

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

12 before ‘‘Virgin Islands’’; and

13 (III) by striking ‘‘Trust Territory

14 of the Pacific Islands’’ and inserting

15 ‘‘Republic of Palau (until the Compact

16 of Free Association takes effect)’’;

17 (5) in paragraph (2) of subsection (c) (as redes18 ignated in paragraph (3)) by striking ‘‘statewide pro19 grams’’ and inserting ‘‘consumer-responsive com20 prehensive statewide programs’’;

21 (6) by inserting after such subsection (c) the fol22 lowing:

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

24 ‘‘(1) DESIGNATION.—The Governor of any State

25 that desires to receive a grant under this section shall
38

•HR 2339 EAH

1 designate the office, agency, entity, or individual (re2 ferred to in this Act as the ‘lead agency’) responsible

3 for—

4 ‘‘(A) submitting the application described

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

6 ‘‘(B) administering and supervising the use

7 of amounts made available under the grant;

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

9 supervising the preparation of, the application;

10 ‘‘(ii) coordinating the planning, develop11 ment, implementation, and evaluation of the

12 consumer-responsive comprehensive statewide

13 program of technology-related assistance among

14 public agencies and between public agencies and

15 private agencies, including coordinating efforts

16 related to entering into interagency agreements;

17 and

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

19 supervising, the active, timely, and meaningful

20 participation by individuals with disabilities

21 and their family members, guardians, advocates,

22 or authorized representatives, and other appro23 priate individuals, with respect to activities car24 ried out under the grant; and
39

•HR 2339 EAH

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

2 any responsibilities described in subparagraph

3 (A), (B), or (C) to one or more appropriate of4 fices, agencies, entities, or individuals.

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

6 agency, the Governor may designate—

7 ‘‘(A) a commission appointed by the Gov8 ernor;

9 ‘‘(B) a public-private partnership or consor10 tium;

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

12 ‘‘(D) a public agency;

13 ‘‘(E) a council established under Federal or

14 State law; or

15 ‘‘(F) another appropriate office, agency, en16 tity, or individual.

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

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

19 evidence that the lead agency has the ability—

20 ‘‘(A) to respond to assistive technology needs

21 across disabilities and ages;

22 ‘‘(B) to promote the availability throughout

23 the State of assistive technology devices and

24 assistive technology services;
40

•HR 2339 EAH

1 ‘‘(C) to promote and implement systems

2 change and advocacy activities;

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

4 partnerships;

5 ‘‘(E) to exercise leadership in identifying

6 and responding to the technology needs of indi7 viduals with disabilities and their family mem8 bers, guardians, advocates, and authorized rep9 resentatives;

10 ‘‘(F) to promote consumer confidence, re11 sponsiveness, and advocacy; and

12 ‘‘(G) to exercise leadership in implementing

13 effective strategies for capacity building, staff

14 and consumer training, and enhancement of ac15 cess to funding for assistive technology devices

16 and assistive technology services across agen17 cies.’’;

18 (7) in subsection (e)—

19 (A) by striking paragraphs (1), (2), and (3)

20 and inserting the following:

21 ‘‘(1) DESIGNATION OF THE LEAD AGENCY.—In22 formation identifying the lead agency designated by

23 the Governor under subsection (d)(1), and the evi24 dence described in subsection (d)(3).
41

•HR 2339 EAH

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

2 the nature and extent of involvement of various State

3 agencies, including the State insurance department,

4 in the preparation of the application and the con5 tinuing role of each agency in the development and

6 implementation of the consumer-responsive com7 prehensive statewide program of technology-related as8 sistance, including the identification of the available

9 resources and financial responsibility of each agency

10 for paying for assistive technology devices and

11 assistive technology services.

12 ‘‘(3) INVOLVEMENT.—

13 ‘‘(A) CONSUMER INVOLVEMENT.—A descrip14 tion of procedures that provide for—

15 ‘‘(i)(I) the active involvement of indi16 viduals with disabilities and their family

17 members, guardians, advocates, and author18 ized representatives, and other appropriate

19 individuals, in the development, implemen20 tation, and evaluation of the program; and

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

22 maximum extent appropriate, of individ23 uals with disabilities who use assistive tech24 nology devices or assistive technology serv-
42

•HR 2339 EAH

1 ices, in decisions relating to such devices

2 and services; and

3 ‘‘(ii) mechanisms for determining

4 consumer satisfaction and participation of

5 individuals with disabilities who represent

6 a variety of ages and types of disabilities,

7 in the consumer-responsive comprehensive

8 statewide program of technology-related as9 sistance.

10 ‘‘(B) PUBLIC INVOLVEMENT.—A description

11 of the nature and extent of—

12 ‘‘(i) the involvement, in the designa13 tion of the lead agency under subsection (d),

14 and in the development of the application,

15 of—

16 ‘‘(I) individuals with disabilities

17 and their family members, guardians,

18 advocates, or authorized representa19 tives;

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

22 agency; and

23 ‘‘(III) organizations, providers,

24 and interested parties, in the private

25 sector; and
43

•HR 2339 EAH

1 ‘‘(ii) the continuing role of the individ2 uals and entities described in clause (i) in

3 the program.’’;

4 (B) in paragraph (4), by striking ‘‘under5 served groups’’ and inserting ‘‘underrepresented

6 populations or rural populations’’;

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

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

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

12 (17);

13 (E) by redesignating paragraphs (8) and

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

15 and transferring such paragraphs to the end of

16 the subsection;

17 (F) by inserting after paragraph (5) the fol18 lowing:

19 ‘‘(6) GOALS, OBJECTIVES, ACTIVITIES, AND OUT20 COMES.—Information on the program with respect

21 to—

22 ‘‘(A) the goals and objectives of the State for

23 the program;
44

•HR 2339 EAH

1 ‘‘(B) the systems change and advocacy ac2 tivities that the State plans to carry out under

3 the program; and

4 ‘‘(C) the expected outcomes of the State for

5 the program, consistent with the purposes de6 scribed in section 2(b)(1).

7 ‘‘(7) PRIORITY ACTIVITIES.—

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

9 State will use funds made available under this

10 section or section 103 to accomplish the purposes

11 described in section 2(b)(1) and the goals, objec12 tives, and outcomes described in paragraph (6),

13 and to carry out the systems change and advo14 cacy activities described in paragraph (6)(B), in

15 a manner that is consumer-responsive.

16 ‘‘(B) PARTICULAR ACTIVITIES.—An assur17 ance that the State, in carrying out such systems

18 change and advocacy activities, shall carry out

19 activities regarding—

20 ‘‘(i) the development, implementation,

21 and monitoring of State, regional, and local

22 laws, regulations, policies, practices, proce23 dures, and organizational structures, that

24 will improve access to, provision of, funding

25 for, and timely acquisition and delivery of,
45

•HR 2339 EAH

1 assistive technology devices and assistive

2 technology services;

3 ‘‘(ii) the development and implementa4 tion of strategies to overcome barriers re5 garding access to, provision of, and funding

6 for, such devices and services, with priority

7 for identification of barriers to funding

8 through State education (including special

9 education) services, vocational rehabilita10 tion services, and medical assistance serv11 ices or, as appropriate, other health and

12 human services, and with particular em13 phasis on overcoming barriers for

14 underrepresented populations and rural

15 populations;

16 ‘‘(iii) coordination of activities among

17 State agencies, in order to facilitate access

18 to, provision of, and funding for, assistive

19 technology devices and assistive technology

20 services;

21 ‘‘(iv) the development and implementa22 tion of strategies to empower individuals

23 with disabilities and their family members,

24 guardians, advocates, and authorized rep25 resentatives, to successfully advocate for in-
46

•HR 2339 EAH

1 creased access to, funding for, and provision

2 of, assistive technology devices and assistive

3 technology services, and to increase the par4 ticipation, choice, and control of such indi5 viduals with disabilities and their family

6 members, guardians, advocates, and author7 ized representatives in the selection and

8 procurement of assistive technology devices

9 and assistive technology services;

10 ‘‘(v) the provision of outreach to

11 underrepresented populations and rural

12 populations, including identifying and as13 sessing the needs of such populations, pro14 viding activities to increase the accessibility

15 of services to such populations, training

16 representatives of such populations to be17 come service providers, and training staff of

18 the consumer-responsive comprehensive

19 statewide program of technology-related as20 sistance to work with such populations; and

21 ‘‘(vi) the development and implementa22 tion of strategies to ensure timely acquisi23 tion and delivery of assistive technology de24 vices and assistive technology services, par25 ticularly for children,
47

•HR 2339 EAH

1 unless the State demonstrates through the

2 progress reports required under section 104 that

3 significant progress has been made in the devel4 opment and implementation of a consumer-re5 sponsive comprehensive statewide program of

6 technology-related assistance, and that other sys7 tems change and advocacy activities will in8 crease the likelihood that the program will ac9 complish the purposes described in section

10 2(b)(1).

11 ‘‘(8) ASSESSMENT.—An assurance that the State

12 will conduct an annual assessment of the consumer13 responsive comprehensive statewide program of tech14 nology-related assistance, in order to determine—

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

16 and objectives for systems change and advocacy

17 activities, as identified in the State plan under

18 paragraph (6), have been achieved; and

19 ‘‘(B) the areas of need that require attention

20 in the next year.

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

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

23 compiling information on the program, consist24 ent with such requirements as the Secretary may

25 establish for such systems, and, when a national
48

•HR 2339 EAH

1 classification system is developed pursuant to

2 section 201, consistent with such classification

3 system; and

4 ‘‘(B) procedures that will be used to conduct

5 evaluations of the program.’’;

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

7 by striking ‘‘individual with disabilities’’ and

8 inserting ‘‘individual with a disability’’;

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

10 families or representatives of individuals with

11 disabilities’’ and inserting ‘‘their family mem12 bers, guardians, advocates, or authorized rep13 resentatives’’; and

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

15 ‘‘(19) AUTHORITY TO USE FUNDS.—An assur16 ance that the lead agency will have the authority to

17 use funds made available through a grant made under

18 this section or section 103 to comply with the require19 ments of this section or section 103, respectively, in20 cluding the ability to hire qualified staff necessary to

21 carry out activities under the program.

22 ‘‘(20) PROTECTION AND ADVOCACY SERVICES.—

23 Either—

24 ‘‘(A) an assurance that the State will annu25 ally provide, from the funds made available to
49

•HR 2339 EAH

1 the State through a grant made under this sec2 tion or section 103, an amount calculated in ac3 cordance with subsection (f)(4), in order to make

4 a grant to, or enter into a contract with, an en5 tity to support protection and advocacy services

6 through the systems established to provide protec7 tion and advocacy under the Developmental Dis8 abilities Assistance and Bill of Rights Act (42

9 U.S.C. 6000 et seq.), the Protection and Advo10 cacy for Mentally Ill Individuals Act (42 U.S.C.

11 10801 et seq.), and section 509 of the Rehabilita12 tion Act of 1973 (29 U.S.C. 794e); or

13 ‘‘(B) at the discretion of the State, a request

14 that the Secretary annually reserve, from the

15 funds made available to the State through a

16 grant made under this section or section 103, an

17 amount calculated in accordance with subsection

18 (f)(4), in order for the Secretary to make a grant

19 to or enter into a contract with such a system

20 to support protection and advocacy services.

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

22 the State—

23 ‘‘(A) will develop and implement strategies

24 for including personnel training regarding

25 assistive technology within existing Federal- and
50

•HR 2339 EAH

1 State-funded training initiatives, in order to en2 hance assistive technology skills and com3 petencies; and

4 ‘‘(B) will document such training.

5 ‘‘(22) LIMIT ON INDIRECT COSTS.—An assurance

6 that the percentage of the funds received under the

7 grant that is used for indirect costs shall not exceed

8 10 percent.

9 ‘‘(23) COORDINATION WITH STATE COUNCILS.—

10 An assurance that the lead agency will coordinate the

11 activities funded through a grant made under this

12 section or section 103 with the activities carried out

13 by other councils within the State, including—

14 ‘‘(A) any council or commission specified in

15 the assurance provided by the State in accord16 ance with section 101(a)(36) of the Rehabilita17 tion Act of 1973 (29 U.S.C. 721(a)(36));

18 ‘‘(B) the Statewide Independent Living

19 Council established under section 705 of the Re20 habilitation Act of 1973 (29 U.S.C. 796d);

21 ‘‘(C) the advisory panel established under

22 section 613(a)(12) of the Individuals with Dis23 abilities Education Act (20 U.S.C. 1413(a)(12));

24 ‘‘(D) the State Interagency Coordinating

25 Council established under section 682 of the In-
51

•HR 2339 EAH

1 dividuals with Disabilities Education Act (20

2 U.S.C. 1482);

3 ‘‘(E) the State Planning Council described

4 in section 124 of the Developmental Disabilities

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

6 6024);

7 ‘‘(F) the State mental health planning

8 council established under section 1914 of the

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

10 and

11 ‘‘(G) any council established under section

12 204, 206(g)(2)(A), or 712(a)(3)(H) of the Older

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

14 3017(g)(2)(A), or 3058g(a)(3)(H)).

15 ‘‘(24) COORDINATION WITH OTHER SYSTEMS

16 CHANGE AND ADVOCACY ACTIVITIES.—An assurance

17 that there will be coordination between the activities

18 funded through the grant and other related systems

19 change and advocacy activities funded by either Fed20 eral or State sources.

21 ‘‘(25) OTHER INFORMATION AND ASSURANCES.—

22 Such other information and assurances as the Sec23 retary may reasonably require.’’; and

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

25 ‘‘(f) PROTECTION AND ADVOCACY REQUIREMENTS.—
52

•HR 2339 EAH

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

2 30, 1993, has provided for protection and advocacy

3 services through an entity that—

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

5 that would otherwise be performed under sub6 section (e)(20) by the system described in sub7 section (e)(20); and

8 ‘‘(B) is not a system described in such sub9 section,

10 shall be considered to meet the requirements of such

11 subsection. Such entity shall receive funding to pro12 vide such protection and advocacy services in accord13 ance with paragraph (4), and shall comply with the

14 same requirements of this title (other than the re15 quirements of such subsection) as a system that re16 ceives funding under such subsection.

17 ‘‘(2) PROTECTION AND ADVOCACY SERVICE PRO18 VIDER REPORT.—

19 ‘‘(A) PREPARATION.—A system that receives

20 funds under subsection (e)(20) to carry out the

21 protection and advocacy services described in

22 subsection (e)(20)(A) in a State, or an entity de23 scribed in paragraph (1) that carries out such

24 services in the State, shall prepare reports that
53

•HR 2339 EAH

1 contain such information as the Secretary may

2 require, including the following:

3 ‘‘(i) A description of the activities car4 ried out by the system or entity with such

5 funds.

6 ‘‘(ii) Documentation of significant

7 progress, in providing protection and advo8 cacy services, in each of the following areas:

9 ‘‘(I) Conducting activities that

10 are consumer-responsive, including ac11 tivities that will lead to increased ac12 cess to funding for assistive technology

13 devices and assistive technology serv14 ices.

15 ‘‘(II) Executing legal, administra16 tive, and other appropriate means of

17 representation to implement systems

18 change and advocacy activities.

19 ‘‘(III) Developing and implement20 ing strategies designed to enhance the

21 long-term abilities of individuals with

22 disabilities and their family members,

23 guardians, advocates, and authorized

24 representatives to successfully advocate

25 for assistive technology devices and
54

•HR 2339 EAH

1 assistive technology services to which

2 the individuals with disabilities are

3 entitled under law other than this Act.

4 ‘‘(IV) Coordinating activities with

5 protection and advocacy services fund6 ed through sources other than this Act,

7 and coordinating activities with the

8 systems change and advocacy activities

9 carried out by the State lead agency.

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

11 shall submit the reports to the program described

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

13 every 6 months.

14 ‘‘(C) UPDATES.—The system or entity shall

15 provide monthly updates to the program de16 scribed in subsection (a) concerning the activities

17 and information described in subparagraph (A).

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

19 Before making a grant or entering into a contract

20 under subsection (e)(20)(B) to support the protection

21 and advocacy services described in subsection

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

23 consider the opinions of the lead agency in the State

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

25 ‘‘(4) CALCULATION OF EXPENDITURES.—
55

•HR 2339 EAH

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

2 for each State receiving a grant under this sec3 tion or section 103, the Secretary shall specify a

4 minimum amount that the State shall use to

5 provide protection and advocacy services.

6 ‘‘(B) INITIAL YEARS OF GRANT.—Except as

7 provided in subparagraph (C) or (D)—

8 ‘‘(i) the Secretary shall calculate such

9 minimum amount for a State based on the

10 size of the grant, the needs of individuals

11 with disabilities within the State, the popu12 lation of the State, and the geographic size

13 of the State; and

14 ‘‘(ii) such minimum amount shall be

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

16 $100,000.

17 ‘‘(C) FOURTH YEAR OF SECOND EXTENSION

18 GRANT.—If a State receives a second extension

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

20 shall specify a minimum amount under sub21 paragraph (A) for the fourth year (if any) of the

22 grant period that shall equal 75 percent of the

23 minimum amount specified for the State under

24 such subparagraph for the third year of the sec25 ond extension grant of the State.
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1 ‘‘(D) FIFTH YEAR OF SECOND EXTENSION

2 GRANT.—If a State receives a second extension

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

4 shall specify a minimum amount under sub5 paragraph (A) for the fifth year (if any) of the

6 grant period that shall equal 50 percent of the

7 minimum amount specified for the State under

8 such subparagraph for the third year of the sec9 ond extension grant of the State.

10 ‘‘(E) PROHIBITION.—After the fifth year (if

11 any) of the grant period, no Federal funds may

12 be made available under this title by the State

13 to a system described in subsection (e)(20) or an

14 entity described in paragraph (1).’’.

15 SEC. 103. EXTENSION GRANTS.

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

17 follows:

18 ‘‘SEC. 103. EXTENSION GRANTS.

19 ‘‘(a) EXTENSION GRANTS.—

20 ‘‘(1) INITIAL EXTENSION GRANT.—The Secretary

21 may award an initial extension grant, for a period

22 of 2 years, to any State that meets the standards

23 specified in subsection (b)(1).

24 ‘‘(2) SECOND EXTENSION GRANT.—The Secretary

25 may award a second extension grant, for a period of
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•HR 2339 EAH

1 not more than 5 years, to any State that meets the

2 standards specified in subsection (b)(2).

3 ‘‘(b) STANDARDS.—

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

5 State to receive an initial extension grant under this

6 section, the designated lead agency of the State

7 shall—

8 ‘‘(A) provide the evidence described in sec9 tion 102(d)(3); and

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

11 significant progress, and has carried out systems

12 change and advocacy activities that have resulted

13 in significant progress, toward the development

14 and implementation of a consumer-responsive

15 comprehensive statewide program of technology16 related assistance, consistent with sections

17 2(b)(1), 101, and 102.

18 ‘‘(2) SECOND EXTENSION GRANT.—

19 ‘‘(A) RESPONSIBILITIES OF DESIGNATED

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

21 second extension grant under this section, the

22 designated lead agency shall—

23 ‘‘(i) provide the evidence and make the

24 demonstration described in paragraph (1);
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•HR 2339 EAH

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

2 taken or will take to continue on a perma3 nent basis the consumer-responsive com4 prehensive statewide program of technology5 related assistance with the ability to main6 tain, at a minimum, the outcomes achieved

7 by the systems change and advocacy activi8 ties; and

9 ‘‘(iii) identify future funding options

10 and commitments for the program from the

11 public and private sector and the key indi12 viduals, agencies, and organizations to be

13 involved in, and to direct future efforts of,

14 the program.

15 ‘‘(B) DETERMINATION OF COMPLIANCE.—In

16 making any award to a State for a second exten17 sion grant, the Secretary shall (except as pro18 vided in section 105(a)(2)(A)(iii)) make such

19 award contingent on a determination, based on

20 the onsite visit required under section

21 105(a)(2)(A)(ii), that the State is making sig22 nificant progress toward development and imple23 mentation of a consumer-responsive comprehen24 sive statewide program of technology-related as25 sistance. If the Secretary determines that the
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•HR 2339 EAH

1 State is not making such progress, the Secretary

2 may take an action described in section

3 105(b)(2), in accordance with the applicable pro4 cedures described in section 105.

5 ‘‘(c) AMOUNTS OF GRANTS.—

6 ‘‘(1) INITIAL EXTENSION GRANTS.—

7 ‘‘(A) IN GENERAL.—

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

10 year, the Secretary shall pay an amount

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

12 greater than $1,500,000 to each State (other

13 than a State described in clause (ii)) that

14 receives an initial extension grant under

15 subsection (a)(1).

16 ‘‘(ii) TERRITORIES.—From amounts

17 appropriated under section 106 for any fis18 cal year, the Secretary shall pay an amount

19 that is not greater than $150,000 to any of

20 the following States that receives an initial

21 extension grant under subsection (a)(1):

22 ‘‘(I) The United States Virgin Is23 lands.

24 ‘‘(II) Guam.

25 ‘‘(III) American Samoa.
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•HR 2339 EAH

1 ‘‘(IV) The Commonwealth of the

2 Northern Mariana Islands.

3 ‘‘(V) The Republic of Palau (until

4 the Compact of Free Association takes

5 effect).

6 ‘‘(B) CALCULATION OF AMOUNT.—The Sec7 retary shall calculate the amount described in

8 clause (i) or (ii) of subparagraph (A) with re9 spect to a State on the basis of—

10 ‘‘(i) amounts available for making

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

12 ‘‘(ii) the population of the State;

13 ‘‘(iii) the types of assistance to be pro14 vided in the State; and

15 ‘‘(iv) the amount of resources commit16 ted by the State and available to the State

17 from other sources.

18 ‘‘(C) PRIORITY FOR PREVIOUSLY PARTICI19 PATING STATES.—Amounts appropriated in any

20 fiscal year for purposes of carrying out sub21 section (a)(1) shall first be made available to

22 States that received assistance under this section

23 during the fiscal year preceding the fiscal year

24 concerned.
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1 ‘‘(D) INCREASES.—In providing any in2 creases in initial extension grants under sub3 section (a)(1) above the amounts provided to

4 States under this section for fiscal year 1993, the

5 Secretary may give priority to—

6 ‘‘(i) the States (other than the States

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

8 have the largest populations, based on the

9 most recent census data; and

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

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

12 sparsely populated, with a wide geographic

13 spread,

14 where such characteristics have impeded the de15 velopment of a consumer-responsive, comprehen16 sive statewide program of technology-related as17 sistance.

18 ‘‘(2) SECOND EXTENSION GRANTS.—

19 ‘‘(A) AMOUNTS AND PRIORITY.—The

20 amounts of, and the priority of applicants for,

21 the second extension grants awarded under sub22 section (a)(2) shall be determined by the Sec23 retary, except that—

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

25 fourth year (if any) of the grant period
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•HR 2339 EAH

1 shall be 75 percent of the amount paid to

2 the State for the third year of the grant pe3 riod;

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

5 the fifth year (if any) of the grant period

6 shall be 50 percent of the amount paid to

7 the State for the third year of the grant pe8 riod; and

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

10 period, no Federal funds may be made

11 available to the State under this title.

12 ‘‘(B) INCREASES.—In providing any in13 creases in second extension grants under sub14 section (a)(2) above the amounts provided to

15 States under this section for fiscal year 1993, the

16 Secretary may give priority to States described

17 in paragraph (1)(D).

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

19 extension grant under this section shall submit an applica20 tion to the Secretary that contains the following informa21 tion and assurances with respect to the consumer-responsive

22 comprehensive statewide program of technology-related as23 sistance in the State:

24 ‘‘(1) INFORMATION AND ASSURANCES.—The in25 formation and assurances described in section 102(e),
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•HR 2339 EAH

1 except the preliminary needs assessment described in

2 section 102(e)(4).

3 ‘‘(2) NEEDS; PROBLEMS; STRATEGIES; OUT4 REACH.—

5 ‘‘(A) NEEDS.—A description of needs relat6 ing to technology-related assistance of individ7 uals with disabilities (including individuals

8 from underrepresented populations or rural pop9 ulations) and their family members, guardians,

10 advocates, or authorized representatives, and

11 other appropriate individuals within the State.

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

13 problems or gaps that remain with the develop14 ment and implementation of a consumer-respon15 sive comprehensive statewide program of tech16 nology-related assistance in the State.

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

18 strategies that the State will pursue during the

19 grant period to remedy the problems or gaps

20 with the development and implementation of

21 such a program.

22 ‘‘(D) OUTREACH ACTIVITIES.—A descrip23 tion of outreach activities to be conducted by the

24 State, including dissemination of information to

25 eligible populations, with special attention to
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•HR 2339 EAH

1 underrepresented populations and rural popu2 lations.

3 ‘‘(3) ACTIVITIES AND PROGRESS UNDER PRE4 VIOUS GRANT.—A description of—

5 ‘‘(A) the specific systems change and advo6 cacy activities described in section 101(b) (in7 cluding the activities described in section

8 1012(e)(7)) carried out under the development

9 grant received by the State under section 102, or,

10 in the case of an application for a grant under

11 subsection (a)(2), under an initial extension

12 grant received by the State under this section,

13 including—

14 ‘‘(i) a description of systems change

15 and advocacy activities that were under16 taken to produce change on a permanent

17 basis for individuals with disabilities of all

18 ages;

19 ‘‘(ii) a description of activities under20 taken to improve the involvement of indi21 viduals with disabilities in the program, in22 cluding training and technical assistance

23 efforts to improve individual access to

24 assistive technology devices and assistive

25 technology services as mandated under other
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•HR 2339 EAH

1 laws and regulations as in effect on the date

2 of the application, and including actions

3 undertaken to improve the participation of

4 underrepresented populations and rural

5 populations, such as outreach efforts; and

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

7 results of the activities described in clauses

8 (i) and (ii);

9 ‘‘(B) the relationship of such systems change

10 and advocacy activities to the development and

11 implementation of a consumer-responsive com12 prehensive statewide program of technology-relat13 ed assistance; and

14 ‘‘(C) the progress made toward the develop15 ment and implementation of such a program.

16 ‘‘(4) PUBLIC INVOLVEMENT.—

17 ‘‘(A) REPORT.—In the case of an applica18 tion for a grant under subsection (a)(1), a report

19 on the hearing described in subsection (e)(1) or,

20 in the case of an application for a grant under

21 subsection (a)(2), a report on the hearing de22 scribed in subsection (e)(2).

23 ‘‘(B) OTHER STATE ACTIONS.—A descrip24 tion of State actions, other than such a hearing,

25 designed to determine the degree of satisfaction of
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•HR 2339 EAH

1 individuals with disabilities, and their family

2 members, guardians, advocates, or authorized

3 representatives, public service providers and pri4 vate service providers, educators and related

5 services providers, technology experts (including

6 engineers), employers, and other appropriate in7 dividuals and entities with—

8 ‘‘(i) the degree of their ongoing involve9 ment in the development and implementa10 tion of the consumer-responsive comprehen11 sive statewide program of technology-related

12 assistance;

13 ‘‘(ii) the specific systems change and

14 advocacy activities described in section

15 101(b) (including the activities described in

16 section 102(e)(7)) carried out by the State

17 under the development grant or the initial

18 extension grant;

19 ‘‘(iii) progress made toward the devel20 opment and implementation of a consumer21 responsive comprehensive statewide program

22 of technology-related assistance; and

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

24 carry out the activities described in section

25 102(d)(3).
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•HR 2339 EAH

1 ‘‘(5) COMMENTS.—A summary of any comments

2 received concerning the issues described in paragraph

3 (4) and response of the State to such comments, solic4 ited through a public hearing referred to in para5 graph (4) or through other means, from individuals

6 affected by the consumer-responsive comprehensive

7 statewide program of technology-related assistance,

8 including—

9 ‘‘(A) individuals with disabilities and their

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

12 ‘‘(B) public service providers and private

13 service providers;

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

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

18 ‘‘(E) employers; and

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

21 ‘‘(6) COMPATIBILITY AND ACCESSIBILITY OF

22 ELECTRONIC EQUIPMENT.—An assurance that the

23 State, or any recipient of funds made available to the

24 State under section 102 of this section, will comply
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•HR 2339 EAH

1 with guidelines established under section 508 of the

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

3 ‘‘(e) PUBLIC HEARING.—

4 ‘‘(1) INITIAL EXTENSION GRANT.—To be eligible

5 to receive a grant under subsection (a)(1), a State

6 shall hold a public hearing in the third year of a pro7 gram carried out under a grant made under section

8 102, after providing appropriate and sufficient notice

9 to allow interested groups and organizations and all

10 segments of the public an opportunity to comment on

11 the program.

12 ‘‘(2) SECOND EXTENSION GRANT.—To be eligible

13 to receive a grant under subsection (a)(2), a State

14 shall hold a public hearing in the second year of a

15 program carried out under a grant made under sub16 section (a)(1), after providing the notice described in

17 paragraph (1).’’.

18 SEC. 104. PROGRESS CRITERIA AND REPORTS.

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

20 follows:

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

22 ‘‘(a) GUIDELINES.—The Secretary shall develop guide23 lines to be used in assessing the extent to which a State

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

25 significant progress in developing and implementing a
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•HR 2339 EAH

1 consumer-responsive comprehensive statewide program of

2 technology-related assistance consistent with section 2(b)(1).

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

4 under section 102 or 103 to carry out such a program shall

5 submit annually to the Secretary a report that documents

6 significant progress in developing and implementing a

7 consumer-responsive comprehensive statewide program of

8 technology-related assistance, consistent with sections

9 2(b)(1), 101, and 102(e), and that documents the following:

10 ‘‘(1) The progress the State has made, as deter11 mined in the State’s annual assessment described in

12 section 102(e)(8) (consistent with the guidelines estab13 lished by the Secretary under subsection (a)), in

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

15 as identified in the State’s application as described in

16 section 102(e)(6), and areas of need that require at17 tention in the next year, including unanticipated

18 problems with the achievement of the goals, objectives,

19 and outcomes described in the application, and the

20 activities the State has undertaken to rectify these

21 problems.

22 ‘‘(2) The systems change and advocacy activities

23 carried out by the State including—

24 ‘‘(A) an analysis of the laws, regulations,

25 policies, practices, procedures, and organiza-
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•HR 2339 EAH

1 tional structures that the State has changed, has

2 attempted to change, or will attempt to change

3 during the next year, to facilitate and increase

4 timely access to, provision of, or funding for,

5 assistive technology devices and assistive tech6 nology services; and

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

8 and procedures that the State has developed and

9 implemented regarding access to, provision of,

10 and funding for, assistive technology devices and

11 assistive technology services, particularly policies

12 and procedures regarding access to, provision of,

13 and funding for, such devices and services under

14 education (including special education), voca15 tional rehabilitation, and medical assistance

16 programs.

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

18 agencies, including the State insurance department,

19 in the development, implementation, and evaluation

20 of the program, including any interagency agreements

21 that the State has developed and implemented regard22 ing access to, provision of, and funding for, assistive

23 technology devices and assistive technology services

24 such as agreements that identify available resources

25 for assistive technology devices and assistive tech-
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•HR 2339 EAH

1 nology services and the responsibility of each agency

2 for paying for such devices and services.

3 ‘‘(4) The activities undertaken to collect and dis4 seminate information about the documents or activi5 ties analyzed or described in paragraphs (1) through

6 (3), including outreach activities to underrepresented

7 populations and rural populations and efforts to dis8 seminate information by means of electronic commu9 nication.

10 ‘‘(5) The involvement of individuals with disabil11 ities who represent a variety of ages and types of dis12 abilities in the planning, development, implementa13 tion, and assessment of the consumer-responsive com14 prehensive statewide program of technology-related as15 sistance, including activities undertaken to improve

16 such involvement, such as consumer training and out17 reach activities to underrepresented populations and

18 rural populations.

19 ‘‘(6) The degree of consumer satisfaction with the

20 program, including satisfaction by underrepresented

21 populations and rural populations.

22 ‘‘(7) Efforts to train personnel as well as con23 sumers.
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1 ‘‘(8) Efforts to reduce the service delivery time

2 for receiving assistive technology devices and assistive

3 technology services.

4 ‘‘(9) Significant progress in the provision of pro5 tection and advocacy services, in each of the areas de6 scribed in section 102(f)(2)(A)(ii).’’.

7 SEC. 105. ADMINISTRATIVE PROVISIONS.

8 (a) REVIEW OF PARTICIPATING STATES.—Section

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

10 (1) in paragraph (1), by inserting before the pe11 riod the following: ‘‘, consistent with the guidelines es12 tablished under section 104(a)’’;

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

14 following:

15 ‘‘(2) ONSITE VISITS.—

16 ‘‘(A) VISITS.—

17 ‘‘(i) DEVELOPMENT GRANT PRO18 GRAM.—The Secretary shall conduct an on19 site visit during the final year of each

20 State’s participation in the development

21 grant program.

22 ‘‘(ii) EXTENSION GRANT PROGRAM.—

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

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

2 whose initial onsite visit occurred prior to

3 the date of the enactment of the Technology4 Related Assistance for Individuals With

5 Disabilities Act Amendments of 1994. The

6 Secretary shall conduct any such visit to the

7 State not later than 12 months after the

8 date on which the Secretary awards the sec9 ond extension grant.

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

12 visit described in clause (ii) if the Secretary

13 determines that the visit is not necessary to

14 assess whether the State is making signifi15 cant progress toward development and im16 plementation of a consumer-responsive com17 prehensive statewide program of technology18 related assistance.

19 ‘‘(B) TEAM.—Two-thirds of the onsite mon20 itoring team in each case shall be qualified peer

21 reviewers, who—

22 ‘‘(i) shall not be lead agency personnel;

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

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

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

5 ‘‘(C) COMPENSATION.—

6 ‘‘(i) OFFICERS OR EMPLOYEES.—Mem7 bers of any onsite monitoring team who are

8 officers or full-time employees of the United

9 States shall serve without compensation in

10 addition to that received for their services

11 as officers or employees of the United

12 States, but may be allowed travel expenses,

13 including per diem in lieu of subsistence, as

14 authorized by section 5702 of title 5, United

15 States Code, for individuals in the Govern16 ment service traveling on official business.

17 ‘‘(ii) OTHER MEMBERS.—Members of

18 any onsite monitoring team who are not of19 ficers or full-time employees of the United

20 States shall receive compensation at a rate

21 not to exceed the daily equivalent of the rate

22 of pay for level IV of the Executive Schedule

23 under section 5315 of title 5, United States

24 Code, for each day (including traveltime)

25 during which such members are engaged in
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•HR 2339 EAH

1 the actual performance of their duties as

2 members of an onsite monitoring team. In

3 addition, such members may be allowed

4 travel expenses, including per diem in lieu

5 of subsistence, as authorized by section 5703

6 of title 5, United States Code, for individ7 uals in the Government service employed

8 intermittently.

9 ‘‘(D) REPORT.—The Secretary shall prepare

10 a report of findings from the onsite visit. The

11 Secretary shall consider the findings in deter12 mining whether to continue funding the program

13 either with or without changes. The report shall

14 be available to the public.’’;

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

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

17 (4) by inserting after paragraph (2) the follow18 ing:

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

20 shall provide advance public notice of the onsite visit

21 and solicit public comment through such notice from

22 individuals with disabilities and their family mem23 bers, guardians, advocates, and authorized representa24 tives, public service providers and private service pro25 viders, educators and related services personnel, tech-
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1 nology experts (including engineers), employers, and

2 other appropriate individuals and entities, regarding

3 the State program funded through a grant made

4 under section 102 or 103. The public comment solici5 tation notice shall be included in the onsite visit re6 port described in paragraph (2).’’; and

7 (5) in paragraph (4) (as redesignated in para8 graph (3)) by striking ‘‘statewide program’’ and in9 serting ‘‘consumer-responsive comprehensive statewide

10 program’’.

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

12 U.S.C. 2215(b)) is amended—

13 (1) in paragraph (2)—

14 (A) in the heading, by striking ‘‘PEN15 ALTIES’’ and inserting ‘‘CORRECTIVE ACTIONS’’;

16 (B) in the matter preceding subparagraph

17 (A), by striking ‘‘penalties’’ and inserting ‘‘cor18 rective actions’’;

19 (C) by striking ‘‘or’’ at the end of subpara20 graph (B);

21 (D) by striking the period at the end of sub22 paragraph (C) and inserting ‘‘; or’’; and

23 (E) by adding at the end the following:

24 ‘‘(D) required redesignation of the lead

25 agency, in accordance with subsection (c).’’; and
77

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

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

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

4 amended—

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

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

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

8 ‘‘(1) MONITORING PANEL.—

9 ‘‘(A) APPOINTMENT.—Once a State becomes

10 subject to a corrective action plan pursuant to

11 subsection (b), the Governor of the State, subject

12 to approval by the Secretary, shall appoint,

13 within 30 days after the submission of the plan

14 to the Secretary, a monitoring panel consisting

15 of the following representatives:

16 ‘‘(i) The head of the lead agency des17 ignated by the Governor.

18 ‘‘(ii) 2 representatives from different

19 public or private nonprofit organizations

20 that represent the interests of individuals

21 with disabilities.

22 ‘‘(iii) 2 consumers who are users of

23 assistive technology devices and assistive

24 technology services and who are not—
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1 ‘‘(I) members of the advisory

2 council, if any, of the consumer-respon3 sive comprehensive statewide program

4 of technology-related assistance; or

5 ‘‘(II) employees of the State lead

6 agency.

7 ‘‘(iv) 2 service providers with knowl8 edge and expertise in assistive technology

9 devices and assistive technology services.

10 ‘‘(B) MEMBERSHIP AND CHAIRPERSON.—

11 The monitoring panel shall be ethnically diverse.

12 The panel shall select a chairperson from among

13 the members of the panel.

14 ‘‘(C) INFORMATION.—The panel shall re15 ceive periodic reports from the State regarding

16 progress in implementing the corrective action

17 plan and shall have the authority to request ad18 ditional information necessary to determine com19 pliance.

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

21 panel to determine compliance shall be open to

22 the public (subject to confidentiality concerns)

23 and held at locations that are accessible to indi24 viduals with disabilities.
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1 ‘‘(E) PERIOD.—The panel shall carry out

2 the duties of the panel for the entire period of the

3 corrective action plan, as determined by the Sec4 retary.

5 ‘‘(F) FUNDING.—The panel shall be funded

6 by a portion of the funds received by the State

7 under this title, as directed by the Secretary.

8 ‘‘(2) FAILURE TO APPOINT MONITORING

9 PANEL.—A failure by a Governor of a State to com10 ply with the requirements of paragraph (1) shall re11 sult in the termination of funding for the State under

12 this title.

13 ‘‘(3) DETERMINATION.—

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

15 monitoring panel may determine that a lead

16 agency designated by a Governor has not accom17 plished the purposes described in section 2(b)(1)

18 and that there is good cause for redesignation of

19 the agency and the temporary loss of funds by

20 the State under this title.

21 ‘‘(B) GOOD CAUSE.—In this paragraph, the

22 term ‘good cause’ includes—

23 ‘‘(i) lack of progress with employment

24 of qualified staff;
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•HR 2339 EAH

1 ‘‘(ii) lack of consumer-responsive ac2 tivities;

3 ‘‘(iii) lack of resource allocation to sys4 tems change and advocacy activities;

5 ‘‘(iv) lack of progress with meeting the

6 assurances in section 102(e); or

7 ‘‘(v) inadequate fiscal management.

8 ‘‘(C) RECOMMENDATION AND ACTION.—If a

9 monitoring panel makes such a determination,

10 the panel shall recommend to the Secretary that

11 further remedial action be taken or that the Sec12 retary order the Governor to redesignate the lead

13 agency within 90 days or lose funds under this

14 title. The Secretary, based on the findings and

15 recommendations of the monitoring panel, and

16 after providing to the public notice and an op17 portunity for comment, shall make a final deter18 mination regarding whether to order the Gov19 ernor to redesignate the lead agency. The Gov20 ernor shall make any such redesignation in ac21 cordance with the requirements that apply to

22 designations under section 102(d).

23 ‘‘(d) CHANGE OF PROTECTION AND ADVOCACY SERV24 ICES PROVIDER.—
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1 ‘‘(1) DETERMINATION.—The Governor of a State,

2 based on input from individuals with disabilities and

3 their family members, guardians, advocates, or au4 thorized representatives, may determine that the en5 tity providing protection and advocacy services re6 quired by section 102(e)(20) (referred to in this sub7 section as the ‘first entity’) has not met the protection

8 and advocacy service needs of the individuals with

9 disabilities and their family members, guardians, ad10 vocates, or authorized representatives, for securing

11 funding for and access to assistive technology devices

12 and assistive technology services, and that there is

13 good cause to provide the protection and advocacy

14 services for the State through a contract with a second

15 entity.

16 ‘‘(2) NOTICE AND OPPORTUNITY TO BE HEARD.—

17 On making such a determination, the Governor may

18 not enter into a contract with a second entity to pro19 vide the protection and advocacy services unless good

20 cause exists and unless—

21 ‘‘(A) the Governor has given the first entity

22 30 days notice of the intention to enter into such

23 contract, including specification of the good

24 cause, and an opportunity to respond to the as25 sertion that good cause has been shown;
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1 ‘‘(B) individuals with disabilities and their

2 family members, guardians, advocates, or au3 thorized representatives, have timely notice of the

4 determination and opportunity for public com5 ment; and

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

7 appeal the determination to the Secretary within

8 30 days of the determination on the basis that

9 there is not good cause to enter into the contract.

10 ‘‘(3) REDESIGNATION.—

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

12 State determines that there is good cause to enter

13 into a contract with a second entity to provide

14 the protection and advocacy services, the Gov15 ernor shall hold an open competition within the

16 State and issue a request for proposals by enti17 ties desiring to provide the services.

18 ‘‘(B) TIMING.—The Governor shall not issue

19 such request until the first entity has been given

20 notice and an opportunity to respond. If the first

21 entity appeals the determination to the Secretary

22 in accordance with paragraph (2)(C), the Gov23 ernor shall issue such request only if the Sec24 retary decides not to overturn the determination

25 of the Governor. The Governor shall issue such
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1 request within 30 days after the end of the pe2 riod during which the first entity has the oppor3 tunity to respond, or after the decision of the

4 Secretary, as appropriate.

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

6 be open to entities with the same expertise and

7 ability to provide legal services as a system re8 ferred to in section 102(e)(20). The competition

9 shall ensure public involvement, including a

10 public hearing and adequate opportunity for

11 public comment.

12 ‘‘(e) ANNUAL REPORT.—

13 ‘‘(1) IN GENERAL.—Not later than December 31

14 of each year, the Secretary shall prepare, and submit

15 to the President and to the Congress, a report on Fed16 eral initiatives, including the initiatives funded

17 under this Act, to improve the access of individuals

18 with disabilities to assistive technology devices and

19 assistive technology services.

20 ‘‘(2) CONTENTS.—Such report shall include in21 formation on—

22 ‘‘(A) the demonstrated successes of such Fed23 eral initiatives at the Federal and State levels in

24 improving interagency coordination, streamlin25 ing access to funding for assistive technology,
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1 and producing beneficial outcomes for users of

2 assistive technology;

3 ‘‘(B) the demonstration activities carried

4 out through the Federal initiatives to—

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

6 public programs that were in existence on

7 the date of the initiation of the demonstra8 tion activities; and

9 ‘‘(ii) establish additional options for

10 obtaining such funding;

11 ‘‘(C) the education and training activities

12 carried out through the Federal initiatives to

13 promote such access in public programs and the

14 health care system and the efforts carried out

15 through such activities to train professionals in

16 a variety of relevant disciplines, and increase the

17 competencies of the professionals with respect to

18 technology-related assistance;

19 ‘‘(D) the education and training activities

20 carried out through the Federal initiatives to

21 train individuals with disabilities and their

22 family members, guardians, advocates, or au23 thorized representatives, individuals who work

24 for public agencies, or for private entities (in25 cluding insurers), that have contact with indi-
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•HR 2339 EAH

1 viduals with disabilities, educators and related

2 services personnel, technology experts (including

3 engineers), employers, and other appropriate in4 dividuals, about technology-related assistance;

5 ‘‘(E) the education and training activities

6 carried out through Federal initiatives to pro7 mote awareness of available funding in public

8 programs;

9 ‘‘(F) the research activities carried out

10 through the Federal initiatives to improve under11 standing of the costs and benefits of access to

12 assistive technology for individuals with disabil13 ities who represent a variety of ages and types

14 of disabilities;

15 ‘‘(G) the program outreach activities to

16 rural and inner-city areas that are carried out

17 through the Federal initiatives;

18 ‘‘(H) the activities carried out through the

19 Federal initiatives that are targeted to reach

20 underrepresented populations and rural popu21 lations; and

22 ‘‘(I) the consumer involvement activities in

23 the programs carried out under this Act.

24 ‘‘(3) AVAILABILITY OF ASSISTIVE TECHNOLOGY

25 DEVICES AND ASSISTIVE TECHNOLOGY SERVICES.—As
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1 soon as practicable, the Secretary shall include in the

2 annual report required by this subsection information

3 on the availability of assistive technology devices and

4 assistive technology services. When a national classi5 fication system for assistive technology devices and

6 assistive technology services is developed pursuant to

7 section 201, the Secretary shall report such informa8 tion in a manner consistent with such national clas9 sification system.

10 ‘‘(f) INTERAGENCY DISABILITY COORDINATING COUN11 CIL.—

12 ‘‘(1) CONTENTS.—On or before October 1, 1995,

13 the Interagency Disability Coordinating Council es14 tablished under section 507 of the Rehabilitation Act

15 of 1973 (29 U.S.C. 794c) shall prepare and submit to

16 the President and to the Congress a report contain17 ing—

18 ‘‘(A) the response of the Interagency Dis19 ability Coordinating Council to—

20 ‘‘(i) the findings of the National Coun21 cil on Disability resulting from the study

22 entitled ‘Study on the Financing of

23 Assistive Technology Devices and Services

24 for Individuals with Disabilities’, carried

25 out in accordance with section 201 of this
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1 Act, as in effect on the day before the date

2 of the enactment of this subsection; and

3 ‘‘(ii) the recommendations of the Na4 tional Council on Disability for legislative

5 and administrative change, resulting from

6 such study; and

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

8 the Interagency Disability Coordinating Council

9 that facilitate the accomplishment of section

10 2(b)(1) with respect to the Federal Government.

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

12 comments submitted by the National Council on Dis13 ability as to the appropriateness of the response de14 scribed in paragraph (1)(A) and the effectiveness of

15 the activities described in paragraph (1)(B) in meet16 ing the needs of individuals with disabilities for

17 assistive technology devices and assistive technology

18 services.

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

20 not be construed as authorizing a Federal or a State agency

21 to reduce medical or other assistance available or to alter

22 eligibility under any other Federal law.’’.

23 SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

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

25 follows:
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1 ‘‘SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

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

3 are authorized to be appropriated to carry out this title

4 $50,000,000 for fiscal year 1994, and such sums as may

5 be necessary for each of the fiscal years 1995 through 1998.

6 ‘‘(b) RESERVATIONS.—

7 ‘‘(1) PROVISION OF INFORMATION AND TECH8 NICAL ASSISTANCE.—

9 ‘‘(A) IN GENERAL.—Of the funds appro10 priated for any fiscal year under subsection (a),

11 the Secretary shall reserve at least 2 percent or

12 $1,500,000, whichever is greater, of such funds,

13 for the purpose of providing information and

14 technical assistance as described in subpara15 graphs (B) and (C) to States, individuals with

16 disabilities and their family members, guard17 ians, advocates, or authorized representatives,

18 community-based organizations, and protection

19 and advocacy agencies.

20 ‘‘(B) TECHNICAL ASSISTANCE TO STATES.—

21 In providing such information and technical as22 sistance to States, the Secretary shall consider

23 the input of the directors of consumer-responsive

24 comprehensive statewide programs of technology25 related assistance, shall provide a clearinghouse

26 for activities that have been developed and im-
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1 plemented through programs funded under this

2 title, and shall provide information and tech3 nical assistance that—

4 ‘‘(i) facilitate service delivery capacity

5 building, training of personnel from a vari6 ety of disciplines, and improvement of eval7 uation strategies, research, and data collec8 tion;

9 ‘‘(ii) foster the development and rep10 lication of effective approaches to informa11 tion referral, interagency coordination of

12 training and service delivery, outreach to

13 underrepresented populations and rural

14 populations, and public awareness activi15 ties;

16 ‘‘(iii) improve the awareness and

17 adoption of successful approaches to in18 creasing the availability of public and pri19 vate funding for and access to the provision

20 of assistive technology devices and assistive

21 technology services by appropriate State

22 agencies;

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

24 implementing, and evaluating appropriate

25 activities to further extend consumer-respon-
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1 sive comprehensive statewide programs of

2 technology-related assistance;

3 ‘‘(v) promote effective approaches to the

4 development of consumer-controlled systems

5 that increase access to, funding for, and

6 awareness of, assistive technology devices

7 and assistive technology services;

8 ‘‘(vi) provide technical assistance and

9 training to the entities carrying out activi10 ties funded pursuant to this title, to estab11 lish or participate in electronic communica12 tion activities with other States; and

13 ‘‘(vii) provide any other appropriate

14 information and technical assistance to as15 sist the States in accomplishing the pur16 poses of this Act.

17 ‘‘(C) INFORMATION AND TECHNICAL ASSIST18 ANCE TO INDIVIDUALS WITH DISABILITIES AND

19 OTHER PERSONS.—The Secretary shall provide

20 information and technical assistance to individ21 uals with disabilities and their family members,

22 guardians, advocates, or authorized representa23 tives, community-based organizations, and pro24 tection and advocacy agencies, on a nationwide

25 basis, to—
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1 ‘‘(i) disseminate information about,

2 and foster awareness and understanding of,

3 Federal, State, and local laws, regulations,

4 policies, practices, procedures, and organi5 zational structures, that facilitate, and over6 come barriers to, funding for, and access to,

7 assistive technology devices and assistive

8 technology services, to promote fuller inde9 pendence, productivity, and inclusion for

10 individuals with disabilities of all ages;

11 ‘‘(ii) identify, collect, and disseminate

12 information, and provide technical assist13 ance, on effective systems change and advo14 cacy activities;

15 ‘‘(iii) improve the understanding and

16 use of assistive technology funding decisions

17 made as a result of policies, practices, and

18 procedures, or through regulations, adminis19 trative hearings, or legal actions, that en20 hance access to funding for assistive tech21 nology devices and assistive technology serv22 ices for individuals with disabilities;

23 ‘‘(iv) promote effective approaches to

24 Federal-State coordination of programs for

25 individuals with disabilities, through infor-
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•HR 2339 EAH

1 mation dissemination and technical assist2 ance activities in response to funding policy

3 issues identified on a nationwide basis by

4 organizations, and individuals, that im5 prove funding for or access to assistive tech6 nology devices and assistive technology serv7 ices for individuals with disabilities of all

8 ages; and

9 ‘‘(v) promote effective approaches to the

10 development of consumer-controlled systems

11 that increase access to, funding for, and

12 awareness of, assistive technology devices

13 and assistive technology services, including

14 the identification and description of mecha15 nisms and means that successfully support

16 self-help and peer mentoring groups for in17 dividuals with disabilities.

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

19 coordinate the information and technical assist20 ance activities carried out under subparagraph

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

22 this Act.

23 ‘‘(E) GRANTS, CONTRACTS, OR COOPERATIVE

24 AGREEMENTS.—
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1 ‘‘(i) IN GENERAL.—The Secretary shall

2 provide the technical assistance and infor3 mation described in subparagraphs (B) and

4 (C) through grants, contracts, or cooperative

5 agreements with public or private agencies

6 and organizations, including institutions of

7 higher education, with documented experi8 ence, expertise, and capacity to carry out

9 identified activities related to the provision

10 of such technical assistance and informa11 tion.

12 ‘‘(ii) ENTITIES WITH EXPERTISE IN

13 ASSISTIVE TECHNOLOGY SERVICE DELIVERY,

14 INTERAGENCY COORDINATION, AND SYSTEMS

15 CHANGE AND ADVOCACY ACTIVITIES.—For

16 the purpose of achieving the objectives de17 scribed in paragraph (1)(B), the Secretary

18 shall reserve not less than 45 percent and

19 not more than 55 percent of the funds re20 served under subparagraph (A) for each fis21 cal year for grants to, or contracts or coop22 erative agreements with, public or private

23 agencies or organizations with documented

24 experience with and expertise in assistive

25 technology service delivery, interagency co-
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1 ordination, and systems change and advo2 cacy activities.

3 ‘‘(iii) ENTITIES WITH EXPERTISE IN

4 ASSISTIVE TECHNOLOGY SYSTEMS CHANGE

5 AND ADVOCACY ACTIVITIES, PUBLIC FUND6 ING OPTIONS, AND OTHER SERVICES.—For

7 the purpose of achieving the objectives de8 scribed in paragraph (1)(C), the Secretary

9 shall reserve not less than 45 percent and

10 not more than 55 percent of the funds re11 served under subparagraph (A) for each fis12 cal year for grants to, or contracts or coop13 erative agreements with, public or private

14 agencies or organizations with documented

15 experience with and expertise in—

16 ‘‘(I) assistive technology systems

17 change and advocacy activities;

18 ‘‘(II) public funding options; and

19 ‘‘(III) services to increase nation20 wide the availability of funding for

21 assistive technology devices and

22 assistive technology services.

23 ‘‘(iv) APPLICATION.—The Secretary

24 shall make any grants, and enter into any

25 contracts or cooperative agreements, under
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•HR 2339 EAH

1 this subsection on a competitive basis. To be

2 eligible to receive funds under this sub3 section an agency, organization, or institu4 tion shall submit an application to the Sec5 retary at such time, in such manner, and

6 containing such information, as the Sec7 retary may require.

8 ‘‘(2) ONSITE VISITS.—The Secretary may re9 serve, from amounts appropriated for any fiscal year

10 under subsection (a), such sums as the Secretary con11 siders to be necessary for the purposes of conducting

12 onsite visits as required by section 105(a)(2).’’.

13 SEC. 107. REPEALS.

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

15 TITLE II—PROGRAMS OF

16 NATIONAL SIGNIFICANCE

17 SEC. 201. NATIONAL CLASSIFICATION SYSTEM.

18 Title II (29 U.S.C. 2231 et seq.) is amended by repeal19 ing part A and inserting the following:

20 ‘‘Subtitle A—National

21 Classification System

22 ‘‘SEC. 201. CLASSIFICATION SYSTEM.

23 ‘‘(a) SYSTEM DEVELOPMENT PROJECT.—

24 ‘‘(1) IN GENERAL.—In fiscal year 1995, the Sec25 retary shall initiate a system development project,
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•HR 2339 EAH

1 based on a plan developed in consultation and coordi2 nation with other appropriate Federal and State

3 agencies, to develop a national classification system

4 for assistive technology devices and assistive tech5 nology services, with the goal of obtaining uniform

6 data through such a system on such devices and serv7 ices across public programs and information and re8 ferral networks.

9 ‘‘(2) PROJECT PLAN.—

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

11 plan for the system development project, the Sec12 retary shall consult with, and coordinate activi13 ties with—

14 ‘‘(i) representatives of Federal agencies,

15 including agencies that are headed by mem16 bers of the Interagency Disability Coordi17 nating Council established under section

18 507 of the Rehabilitation Act of 1973 (29

19 U.S.C. 794c); and

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

21 representatives of State agencies and other

22 appropriate organizations that have respon23 sibility for or are involved in the develop24 ment and modification of assistive tech25 nology devices, the provision of assistive
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1 technology devices and assistive technology

2 services, or the dissemination of information

3 about assistive technology devices and

4 assistive technology services, including re5 cipients of grants or contracts for the provi6 sion of technical assistance to State assistive

7 technology projects under section 106(b),

8 assistive technology reimbursement special9 ists, representatives of the State assistive

10 technology projects, and representatives of

11 organizations involved in information and

12 referral activities.

13 ‘‘(B) ISSUES.—The Secretary shall conduct

14 such consultation, and such coordination of ac15 tivities, with respect to the following:

16 ‘‘(i) The costs and benefits, on an agen17 cy-by-agency basis, of obtaining uniform

18 data through a national classification sys19 tem for assistive technology devices and

20 assistive technology services across public

21 programs and information and referral net22 works.

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

24 collected, including data regarding funding,

25 across a range of programs, including the
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1 programs listed in subsection (c)(2), as ap2 propriate.

3 ‘‘(iii) A methodology for developing a

4 single taxonomy and nomenclature for both

5 assistive technology devices and assistive

6 technology services across a range of pro7 grams, including the programs listed in

8 subsection (c)(2), as appropriate.

9 ‘‘(iv) The process for developing an ap10 propriate data collection instrument or in11 struments.

12 ‘‘(v) A methodology for collecting data

13 across a range of programs, including the

14 programs listed in subsection (c)(2), as ap15 propriate.

16 ‘‘(vi) The use of a national classifica17 tion system by the Internal Revenue Service

18 and State finance agencies to determine

19 whether devices and services are assistive

20 technology devices or assistive technology

21 services for the purpose of determining

22 whether a deduction or credit is allowable

23 under the Internal Revenue Code of 1986 or

24 State tax law.
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1 ‘‘(3) CONTRACTS AND COOPERATIVE AGREE2 MENTS.—The Secretary may carry out this section

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

4 cooperative agreements with appropriate entities.

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

6 development project, the Secretary shall develop a national

7 classification system that includes a single taxonomy and

8 nomenclature for assistive technology devices and assistive

9 technology services.

10 ‘‘(c) DATA COLLECTION INSTRUMENT.—In conducting

11 the system development project, the Secretary shall develop

12 a data collection instrument to—

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

14 technology devices and assistive technology services;

15 and

16 ‘‘(2) collect such data from public programs, in17 cluding, at a minimum—

18 ‘‘(A) programs carried out under title I, VI,

19 or VII of the Rehabilitation Act of 1973 (29

20 U.S.C. 720 et seq., 795 et seq., or 796 et seq.);

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

22 H of the Individuals with Disabilities Education

23 Act (20 U.S.C. 1411 et seq. or 1471 et seq.);
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1 ‘‘(C) programs carried out under title V or

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

3 et seq. or 1396 et seq.);

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

5 Americans Act of 1965 (42 U.S.C. 3001 et seq.);

6 and

7 ‘‘(E) programs carried out under the Devel8 opmental Disabilities Assistance and Bill of

9 Rights Act (42 U.S.C. 6000 et seq.).

10 ‘‘(d) CONSULTATION.—The Secretary shall conduct the

11 system development project in consultation with the Federal

12 agencies that were consulted in developing the project plan.

13 ‘‘(e) REPORT TO THE PRESIDENT AND THE CONGRESS

14 ON IMPLEMENTATION OF UNIFORM DATA COLLECTION SYS15 TEM.—Not later than July 1, 1997, the Secretary shall pre16 pare and submit to the President and the appropriate com17 mittees of Congress a report containing—

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

19 project; and

20 ‘‘(2) the recommendations of the Secretary con21 cerning implementation of a national classification

22 system, including uniform data collection.

23 ‘‘(f) RESERVATION.—From the amounts appropriated

24 under subtitle C for fiscal year 1995, the Secretary shall

25 reserve up to $200,000 to carry out this subtitle.’’.
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1 SEC. 202. TRAINING AND DEMONSTRATION PROJECTS.

2 Title II (29 U.S.C. 2231 et seq.) is amended by repeal3 ing parts B, C, and D and inserting the following:

4 ‘‘Subtitle B—Training and

5 Demonstration Projects

6 ‘‘SEC. 211. TRAINING.

7 ‘‘(a) TECHNOLOGY TRAINING.—

8 ‘‘(1) GENERAL AUTHORITY.—The Secretary shall

9 make grants to, or enter into contracts or cooperative

10 agreements with, appropriate public or private agen11 cies and organizations, including institutions of high12 er education and community-based organizations, for

13 the purposes of—

14 ‘‘(A) conducting training sessions;

15 ‘‘(B) developing, demonstrating, disseminat16 ing, and evaluating curricula, materials, and

17 methods used to train individuals regarding the

18 provision of technology-related assistance, to en19 hance opportunities for independence, productiv20 ity, and inclusion of individuals with disabil21 ities; and

22 ‘‘(C) providing training to develop aware23 ness, skills, and competencies of service provid24 ers, consumers, and volunteers, who are located

25 in rural areas, to increase the availability of

26 technology-related assistance in community-based
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1 settings for rural residents who are individuals

2 with disabilities.

3 ‘‘(2) ELIGIBLE ACTIVITIES.—Activities conducted

4 under grants, contracts, or cooperative agreements de5 scribed in paragraph (1) may address the training

6 needs of individuals with disabilities and their family

7 members, guardians, advocates, and authorized rep8 resentatives, individuals who work for public agen9 cies, or for private entities (including insurers), that

10 have contact with individuals with disabilities, edu11 cators and related services personnel, technology ex12 perts (including engineers), employers, and other ap13 propriate individuals.

14 ‘‘(3) USES OF FUNDS.—An agency or organiza15 tion that receives a grant or enters into a contract or

16 cooperative agreement under paragraph (1) may use

17 amounts made available through the grant, contract,

18 or agreement to—

19 ‘‘(A) pay for a portion of the cost of courses

20 of training or study related to technology-related

21 assistance; and

22 ‘‘(B) establish and maintain scholarships

23 related to such courses of training or study, with

24 such stipends and allowances as the Secretary

25 may determine to be appropriate.
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1 ‘‘(4) APPLICATION.—

2 ‘‘(A) IN GENERAL.—To be eligible to receive

3 a grant or enter into a contract or cooperative

4 agreement under paragraph (1), an agency or

5 organization shall submit an application to the

6 Secretary at such time, in such manner, and

7 containing such information as the Secretary

8 may require.

9 ‘‘(B) STRATEGIES.—At a minimum, any

10 such application shall include a detailed descrip11 tion of the strategies that the agency or organiza12 tion will use to recruit and train persons to pro13 vide technology-related assistance, in order to—

14 ‘‘(i) increase the extent to which such

15 persons reflect the diverse populations of the

16 United States; and

17 ‘‘(ii) increase the number of individ18 uals with disabilities, and individuals who

19 are members of minority groups, who are

20 available to provide such assistance.

21 ‘‘(5) PRIORITIES.—

22 ‘‘(A) IN GENERAL.—Beginning in fiscal

23 year 1994, the Secretary shall—
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1 ‘‘(i) establish priorities for activities

2 carried out with assistance under this sub3 section;

4 ‘‘(ii) publish such priorities in the

5 Federal Register for the purpose of receiving

6 public comment; and

7 ‘‘(iii) publish such priorities in the

8 Federal Register in final form not later

9 than the date on which the Secretary pub10 lishes announcements for assistance pro11 vided under this subsection.

12 ‘‘(B) EXPLANATION OF DETERMINATION OF

13 PRIORITIES.—Concurrent with the publications

14 required by subparagraph (A), the Secretary

15 shall publish in the Federal Register an expla16 nation of the manner in which the priorities

17 were determined.

18 ‘‘(b) TECHNOLOGY CAREERS.—

19 ‘‘(1) IN GENERAL.—

20 ‘‘(A) GRANTS.—The Secretary shall make

21 grants to assist public or private agencies and

22 organizations, including institutions of higher

23 education, to prepare students and faculty work24 ing in specific fields for careers relating to the
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1 provision of assistive technology devices and

2 assistive technology services.

3 ‘‘(B) FIELDS.—The specific fields described

4 in subparagraph (A) may include—

5 ‘‘(i) engineering;

6 ‘‘(ii) industrial technology;

7 ‘‘(iii) computer science;

8 ‘‘(iv) communication disorders;

9 ‘‘(v) special education and related serv10 ices;

11 ‘‘(vi) rehabilitation; and

12 ‘‘(vii) social work.

13 ‘‘(2) PRIORITY.—In awarding grants under

14 paragraph (1), the Secretary shall give priority to the

15 interdisciplinary preparation of personnel who pro16 vide or who will provide technical assistance, who ad17 minister programs, or who prepare other personnel,

18 in order to—

19 ‘‘(A) support the development and imple20 mentation of consumer-responsive comprehensive

21 statewide programs of technology-related assist22 ance to individuals with disabilities; and

23 ‘‘(B) enhance the skills and competencies of

24 individuals involved in the provision of tech25 nology-related assistance, including assistive
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1 technology devices and assistive technology serv2 ices, to individuals with disabilities.

3 ‘‘(3) USES OF FUNDS.—An agency or organiza4 tion that receives a grant under paragraph (1) may

5 use amounts made available through the grant to—

6 ‘‘(A) pay for a portion of the cost of courses

7 of training or study related to technology-related

8 assistance; and

9 ‘‘(B) establish and maintain scholarships

10 related to such courses of training or study, with

11 such stipends and allowances as the Secretary

12 may determine to be appropriate.

13 ‘‘(4) APPLICATION.—

14 ‘‘(A) IN GENERAL.—To be eligible to receive

15 a grant under this section, an agency or organi16 zation shall submit an application to the Sec17 retary at such time, in such manner, and con18 taining such information as the Secretary may

19 require.

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

21 such application shall include a detailed descrip22 tion of the strategies that the agency or organiza23 tion will use to recruit and train persons to pro24 vide technology-related assistance, in order to—
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1 ‘‘(i) increase the extent to which such

2 persons reflect the diverse populations of the

3 United States; and

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

6 are members of minority groups, who are

7 available to provide such assistance.

8 ‘‘(c) GRANTS TO HISTORICALLY BLACK COLLEGES.—

9 In exercising the authority granted in subsections (a) and

10 (b), the Secretary shall reserve an adequate amount for

11 grants to historically black colleges and universities and

12 other institutions of higher education whose minority stu13 dent enrollment is at least 50 percent.

14 ‘‘SEC. 212. TECHNOLOGY TRANSFER.

15 ‘‘The Secretary shall enter into an agreement with an

16 organization whose primary function is to promote tech17 nology transfer from, and cooperation among, Federal lab18 oratories (as defined in section 4(6) of the Stevenson-Wydler

19 Technology Innovation Act of 1980 (15 U.S.C. 3703(6))),

20 under which funds shall be provided to promote technology

21 transfer that will spur the development of assistive tech22 nology devices.
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1 ‘‘SEC. 213. DEVICE AND EQUIPMENT REDISTRIBUTION IN2 FORMATION SYSTEMS AND RECYCLING CEN3 TERS.

4 ‘‘(a) IN GENERAL.—The Secretary shall make grants

5 to, or enter into contracts or cooperative agreements with,

6 public agencies, private entities, or institutions of higher

7 education for the purpose of developing and establishing re8 cycling projects.

9 ‘‘(b) PROJECT ACTIVITIES.—Such recycling projects

10 may include—

11 ‘‘(1) a system for accepting, on an unconditional

12 gift basis, assistive technology devices, including a

13 process for valuing the devices and evaluating their

14 use and potential;

15 ‘‘(2) a system for storing and caring for such de16 vices;

17 ‘‘(3) an information system (including computer

18 databases) by which local educational agencies, reha19 bilitation entities, local community-based organiza20 tions, independent living centers, and other entities,

21 would be informed, on a periodic and timely basis,

22 about the availability and nature of the devices cur23 rently held; and

24 ‘‘(4) a system that makes such devices available

25 to consumers and the entities listed in paragraph (3),
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1 and provides for tracking each device throughout the

2 useful life of the device.

3 ‘‘(c) MULTIPLE PROVIDERS.—

4 ‘‘(1) IN GENERAL.—With respect to activities

5 funded under this section, an agency, entity, or insti6 tution may utilize a single service provider or may

7 establish a system of service providers.

8 ‘‘(2) ASSURANCES.—If an agency, entity, or in9 stitution uses multiple providers, the agency, entity,

10 or institution shall assure that—

11 ‘‘(A) all consumers within a State will re12 ceive equal access to services, regardless of the ge13 ographic location or socioeconomic status of the

14 consumers; and

15 ‘‘(B) all activities of the providers will be

16 coordinated and monitored by the agency, entity,

17 or institution.

18 ‘‘(d) OTHER LAWS.—Nothing in this section shall af19 fect the provision of services or devices pursuant to title I

20 of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)

21 or part B of the Individuals with Disabilities Education

22 Act (20 U.S.C. 1411 et seq.).

23 ‘‘(e) EXISTING PROGRAMS.—Public agencies, private

24 entities, or institutions of higher education that have estab25 lished recycling programs prior to receiving assistance
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1 under this section may use funds made available under this

2 section to extend and strengthen such programs through

3 grants, contracts, or agreements under this section.

4 ‘‘SEC. 214. BUSINESS OPPORTUNITIES FOR INDIVIDUALS

5 WITH DISABILITIES.

6 ‘‘The Secretary may make grants to individuals with

7 disabilities to enable the individuals to establish or operate

8 commercial or other enterprises that develop or market

9 assistive technology devices or assistive technology services.

10 ‘‘SEC. 215. PRODUCTS OF UNIVERSAL DESIGN.

11 ‘‘The Secretary may make grants to commercial or

12 other enterprises and institutions of higher education for

13 the research and development of products of universal de14 sign. In awarding such grants, the Secretary shall give pref15 erence to enterprises that are owned or operated by individ16 uals with disabilities.

17 ‘‘SEC. 216. GOVERNING STANDARDS FOR ACTIVITIES.

18 ‘‘Persons and entities that carry out activities pursu19 ant to this subtitle shall—

20 ‘‘(1) be held to the same consumer-responsive

21 standards as the persons and entities carrying out

22 programs under title I;

23 ‘‘(2) make available to individuals with disabil24 ities and their family members, guardians, advocates,

25 and authorized representatives information concern-
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1 ing technology-related assistance in a form that will

2 allow such individuals with disabilities to effectively

3 use such information;

4 ‘‘(3) in preparing such information for dissemi5 nation, consider the media-related needs of individ6 uals with disabilities who have sensory and cognitive

7 limitations and consider the use of auditory mate8 rials, including audio cassettes, visual materials, in9 cluding video cassettes and video discs, and braille

10 materials; and

11 ‘‘(4) coordinate their efforts with the consumer12 responsive comprehensive statewide program of tech13 nology-related assistance for individuals with disabil14 ities in any State in which the activities are carried

15 out.

16 ‘‘Subtitle C—Authorization of

17 Appropriations

18 ‘‘SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

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

20 this title $10,000,000 for fiscal year 1994, and such sums

21 as may be necessary for each of the fiscal years 1995

22 through 1998.’’.
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1 TITLE III—ALTERNATIVE

2 FINANCING MECHANISMS

3 SEC. 301. ALTERNATIVE FINANCING MECHANISMS AUTHOR4 IZED.

5 The Act (29 U.S.C. 2201 et seq.) is amended by adding

6 at the end the following:

7 ‘‘TITLE III—ALTERNATIVE

8 FINANCING MECHANISMS

9 ‘‘SEC. 301. GENERAL AUTHORITY TO PROVIDE ALTER10 NATIVE FINANCING MECHANISMS.

11 ‘‘(a) IN GENERAL.—The Secretary shall award grants

12 to States to pay for the Federal share of the cost of the estab13 lishment and administration of, or the expansion and ad14 ministration of, alternative financing mechanisms (referred

15 to individually in this title as an ‘alternative financing

16 mechanism’) to allow individuals with disabilities and

17 their family members, guardians, and authorized represent18 atives to purchase assistive technology devices and assistive

19 technology services.

20 ‘‘(b) MECHANISMS.—The alternative financing mecha21 nisms may include—

22 ‘‘(1) a low-interest loan fund;

23 ‘‘(2) a revolving fund;

24 ‘‘(3) a loan insurance program;
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1 ‘‘(4) a partnership with private entities for the

2 purchase, lease, or other acquisition of assistive tech3 nology devices or the provision of assistive technology

4 services; and

5 ‘‘(5) other alternative financing mechanisms that

6 meet the requirements of this Act and are approved

7 by the Secretary.

8 ‘‘(c) CONSTRUCTION.—Nothing in this section shall be

9 construed as affecting the authority of a State to establish

10 alternative financing mechanisms under title I.

11 ‘‘SEC. 302. APPLICATIONS AND PROCEDURES.

12 ‘‘(a) ELIGIBILITY.—States that receive or have received

13 grants under section 102 or 103 shall be eligible to compete

14 for grants under section 301.

15 ‘‘(b) REQUIREMENTS.—The Secretary shall make

16 grants under section 301 under such conditions as the Sec17 retary shall, by regulation, determine, except that—

18 ‘‘(1) a State may receive only 1 grant under sec19 tion 301 and may only receive such a grant for 1

20 year under this title;

21 ‘‘(2) a State that desires to receive a grant under

22 section 301 shall submit an application to the Sec23 retary, at such time and in such manner as the Sec24 retary may require, containing—
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1 ‘‘(A) an assurance that the State will pro2 vide at least 50 percent of the cost described in

3 section 301(a), as set forth in section 304, for the

4 purpose of supporting the alternative financing

5 mechanisms that are covered by the grant;

6 ‘‘(B) an assurance that an alternative fi7 nancing mechanism will continue on a perma8 nent basis; and

9 ‘‘(C) a description of the degree to which the

10 alternative financing mechanisms to be funded

11 under section 301 will expand and emphasize

12 consumer choice and control;

13 ‘‘(3) a State that receives a grant under section

14 301—

15 ‘‘(A) shall enter into a contract, with a

16 community-based organization (or a consortia of

17 such organizations) that has individuals with

18 disabilities involved at all organizational levels,

19 for the administration of the alternative financ20 ing mechanisms that are supported under section

21 301; and

22 ‘‘(B) shall require that such community23 based organization enter into a contract, for the

24 purpose of expanding opportunities under sec-
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1 tion 301 and facilitating the administration of

2 the alternative financing mechanisms, with—

3 ‘‘(i) commercial lending institutions or

4 organizations; or

5 ‘‘(ii) State financing agencies; and

6 ‘‘(4) a contract between a State that receives a

7 grant under section 301 and a community-based or8 ganization described in paragraph (3)—

9 ‘‘(A) shall include a provision regarding the

10 administration of the Federal and the non-Fed11 eral shares in a manner consistent with the pro12 visions of this title; and

13 ‘‘(B) shall include any provision required

14 by the Secretary dealing with oversight and eval15 uation as may be necessary to protect the finan16 cial interests of the United States.

17 ‘‘SEC. 303. GRANT ADMINISTRATION REQUIREMENTS.

18 ‘‘A State that receives a grant under section 301, to19 gether with any community-based organization that enters

20 into a contract with the State to administer an alternative

21 financing mechanism that is supported under section 301,

22 shall develop and submit to the Secretary, pursuant to a

23 timeline that the Secretary may establish or, if the Sec24 retary does not establish a timeline, within the 12-month

25 period beginning on the date that the State receives the
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1 grant, the following policies or procedures for administra2 tion of the mechanism:

3 ‘‘(1) A procedure to review and process in a

4 timely fashion requests for financial assistance for

5 both immediate and potential technology needs, in6 cluding consideration of methods to reduce paperwork

7 and duplication of effort, particularly relating to

8 need, eligibility, and determination of the specific de9 vice or service to be provided.

10 ‘‘(2) A policy and procedure to assure that access

11 to the alternative financing mechanism shall be given

12 to consumers regardless of type of disability, age, lo13 cation of residence in the State, or type of assistive

14 technology device or assistive technology service re15 quested and shall be made available to applicants of

16 all income levels.

17 ‘‘(3) A procedure to assure consumer-controlled

18 oversight.

19 ‘‘SEC. 304. FINANCIAL REQUIREMENTS.

20 ‘‘(a) FEDERAL SHARE.—The Federal share of the costs

21 described in section 301(a) shall be not more than 50 per22 cent.

23 ‘‘(b) REQUIREMENTS.—A State that desires to receive

24 a grant under section 301 shall include in the application

25 submitted under section 302 assurances that the State will
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1 meet the following requirements regarding funds supporting

2 an alternative funding mechanism assisted under section

3 301:

4 ‘‘(1) The State shall make available the funds

5 necessary to provide the non-Federal share of the costs

6 described in section 301(a), in cash, from State, local,

7 or private sources.

8 ‘‘(2) Funds that support an alternative financ9 ing mechanism assisted under section 301—

10 ‘‘(A) shall be used to supplement and not

11 supplant other Federal, State, and local public

12 funds expended to provide public funding op13 tions; and

14 ‘‘(B) may only be distributed through the

15 entity carrying out the alternative financing

16 mechanism as a payer of last resort for assist17 ance that is not available in a reasonable or

18 timely fashion from any other Federal, State, or

19 local source.

20 ‘‘(3) All funds that support an alternative fi21 nancing mechanism assisted under section 301, in22 cluding funds repaid during the life of the mecha23 nism, shall be placed in a permanent separate ac24 count and identified and accounted for separately

25 from any other fund. Funds within this account may
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1 be invested in low-risk securities in which a regulated

2 insurance company may invest under the law of the

3 State for which the grant is provided and shall be ad4 ministered with the same judgment and care that a

5 person of prudence, discretion, and intelligence would

6 exercise in the management of the financial affairs of

7 such person.

8 ‘‘(4) Funds comprised of the principal and inter9 est from an account described in paragraph (3) shall

10 be available to support an alternative financing

11 mechanism assisted under section 301. Any interest

12 or investment income that accrues on such funds after

13 such funds have been placed under the control of the

14 entity administering the mechanism, but before such

15 funds are distributed for purposes of supporting the

16 mechanism, shall be the property of the entity admin17 istering the mechanism and shall not be taken into

18 account by any officer or employee of the Federal

19 Government for any purpose.

20 ‘‘SEC. 305. AMOUNT OF GRANTS.

21 ‘‘(a) AMOUNT.—

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), a grant under section 301 shall be for an

24 amount that is not more than $500,000.
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1 ‘‘(2) INCREASES.—Such a grant may be in2 creased by any additional funds made available

3 under subsection (b).

4 ‘‘(b) EXCESS FUNDS.—If funds appropriated under

5 section 308 for a fiscal year exceed the amount necessary

6 to fund the activities described in acceptable applications

7 submitted under section 302 for such year, the Secretary

8 shall make such excess amount available, on a competitive

9 basis, to States receiving grants under section 301 for such

10 year. A State that desires to receive additional funds under

11 this subsection shall amend and resubmit to the Secretary

12 the application submitted under section 302. Such amended

13 application shall contain an assurance that the State will

14 provide an additional amount for the purpose of supporting

15 the alternative financing mechanisms covered by the grant

16 that is not less than the amount of any additional funds

17 paid to the State by the Secretary under this subsection.

18 ‘‘(c) INSUFFICIENT FUNDS.—If funds appropriated

19 under section 308 for a fiscal year are not sufficient to fund

20 each of the activities described in the acceptable applica21 tions for such year, a State whose application was approved

22 as acceptable for such year but that did not receive a grant

23 under section 301, may update such application for the suc24 ceeding fiscal year. Priority shall be given in such succeed25 ing fiscal year to such updated applications, if acceptable.
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1 ‘‘SEC. 306. TECHNICAL ASSISTANCE.

2 ‘‘(a) IN GENERAL.—The Secretary shall provide infor3 mation and technical assistance to States under this title,

4 and the information and technical assistance shall in5 clude—

6 ‘‘(1) assisting States in the preparation of appli7 cations for grants under section 301;

8 ‘‘(2) assisting States that receive such grants in

9 developing and implementing alternative financing

10 mechanisms; and

11 ‘‘(3) providing any other information and tech12 nical assistance to assist States in accomplishing the

13 objectives of this title.

14 ‘‘(b) GRANTS, CONTRACTS, AND AGREEMENTS.—The

15 Secretary shall provide the information and technical as16 sistance described in subsection (a) through grants, con17 tracts, or cooperative agreements with public or private

18 agencies and organizations, including institutions of higher

19 education, with documented experience, expertise, and ca20 pacity to assist States in the development and implementa21 tion of the alternative financing mechanisms described in

22 section 301.

23 ‘‘SEC. 307. ANNUAL REPORT.

24 ‘‘(a) IN GENERAL.—Not later than December 31 of

25 each year, the Secretary shall submit a report to the Con26 gress stating whether each State program to provide alter-
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1 native financing mechanisms that was supported under sec2 tion 301 during the year is making significant progress in

3 achieving the objectives of this title.

4 ‘‘(b) CONTENTS.—The report shall include information

5 on—

6 ‘‘(1) the number of applications for grants under

7 section 301 that were received by the Secretary;

8 ‘‘(2) the number of grants made and the amounts

9 of such grants;

10 ‘‘(3) the ratio of the amount of funds provided

11 by each State for a State program to provide alter12 native financing mechanisms to the amount of Fed13 eral funds provided for such program;

14 ‘‘(4) the type of program to provide alternative

15 financing mechanisms that was adopted in each State

16 and the community-based organization (or consortia

17 of such organizations) with which each State has en18 tered into a contract; and

19 ‘‘(5) the amount of assistance given to consumers

20 (who shall be classified by age, type of disability, type

21 of assistive technology device or assistive technology

22 service received, geographic distribution within the

23 State, gender, and whether the consumers are part of

24 an underrepresented population or a rural popu25 lation).
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1 ‘‘SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) IN GENERAL.—There are authorized to be appro3 priated to carry out this title $8,000,000 for fiscal year

4 1994, and such sums as may be necessary for each of the

5 fiscal years 1995 through 1998.

6 ‘‘(b) AVAILABILITY IN SUCCEEDING FISCAL YEAR.—

7 Amounts appropriated under subsection (a) shall remain

8 available for obligation for the fiscal year immediately fol9 lowing the fiscal year for which such amounts were appro10 priated.

11 ‘‘(c) RESERVATION.—Of the amounts appropriated

12 under subsection (a), the Secretary shall reserve $250,000

13 for the purpose of providing information and technical as14 sistance to States under section 306.’’.

15 TITLE IV—AMENDMENTS TO

16 OTHER ACTS

17 SEC. 401. INDIVIDUALS WITH DISABILITIES EDUCATION

18 ACT.

19 Section 631(a)(1) of the Individuals with Disabilities

20 Education Act (20 U.S.C. 1431(a)(1)) is amended—

21 (1) by striking ‘‘, and’’ at the end of subpara22 graph (D) and inserting a comma;

23 (2) by striking the period at the end of subpara24 graph (E) and inserting ‘‘, and’’; and

25 (3) by adding at the end the following:
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1 ‘‘(F) training in the use, applications, and bene2 fits of assistive technology devices and assistive tech3 nology services (as defined in paragraphs (2) and (3)

4 of section 3 of the Technology-Related Assistance for

5 Individuals With Disabilities Act of 1988 (29 U.S.C.

6 2202 (2) and (3))).’’.

7 SEC. 402. REHABILITATION ACT OF 1973.

8 (a) NATIONAL INSTITUTE ON DISABILITY AND REHA9 BILITATION RESEARCH.—Section 202(b)(8) of the Rehabili10 tation Act of 1973 (29 U.S.C. 761a(b)(8)) is amended by

11 striking ‘‘characteristics of individuals with disabilities’’

12 and inserting ‘‘characteristics of individuals with disabil13 ities, including information on individuals with disabilities

14 who live in rural or inner-city settings, with particular at15 tention given to underserved populations,’’.

16 (b) TRAINING.—Section 302(b)(1)(B) of the Rehabili17 tation Act of 1973 (29 U.S.C. 771a(b)(1)(B)), as added by

18 section 302(b) of Public Law 102–569 (106 Stat. 4412), is

19 amended—

20 (1) by striking ‘‘; and’’ at the end of clause (ii)

21 and inserting a semicolon;

22 (2) by striking the period at the end of clause

23 (iii) and inserting ‘‘; and’’; and

24 (3) by adding at the end the following:
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1 ‘‘(iv) projects to train personnel in the use,

2 applications, and benefits of assistive technology

3 devices and assistive technology services (as de4 fined in paragraphs (2) and (3) of section 3 of

5 the Technology-Related Assistance for Individ6 uals With Disabilities Act of 1988 (29 U.S.C.

7 2202 (2) and (3))).’’.

8 SEC. 403. ADMINISTRATIVE REQUIREMENTS UNDER THE

9 HEAD START ACT.

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

11 9839(f)) is amended—

12 (1) in paragraph (1)—

13 (A) by inserting ‘‘, or to request approval of

14 the purchase (after December 31, 1986) of facili15 ties,’’ after ‘‘to purchase facilities’’; and

16 (B) by adding at the end the following:

17 ‘‘The Secretary shall suspend any proceedings

18 pending against any Head Start agency to

19 claim costs incurred in purchasing such facilities

20 until the agency has been afforded an oppor21 tunity to apply for approval of the purchase and

22 the Secretary has determined whether the pur23 chase will be approved. The Secretary shall not

24 be required to repay claims previously satisfied
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1 by Head Start agencies for costs incurred in the

2 purchase of such facilities.’’; and

3 (2) in paragraph (2)—

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

5 that was previously purchased’’ before the semi6 colon;

7 (B) in subparagraph (C)—

8 (i) by inserting ‘‘, or the previous pur9 chase has resulted,’’ after ‘‘purchase will re10 sult’’ in clause (i); and

11 (ii) in clause (ii)—

12 (I) by inserting ‘‘, or would have

13 prevented,’’ after ‘‘will prevent’’; and

14 (II) by striking ‘‘and’’ at the end;

15 (C) by redesignating subparagraph (D) as

16 subparagraph (E); and

17 (D) by inserting after subparagraph (C) the

18 following:

19 ‘‘(D) in the case of a request regarding a pre20 viously purchased facility, information demonstrating

21 that the facility will be used principally as a Head

22 Start center, or a direct support facility for a Head

23 Start program; and’’.
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1 SEC. 404. TECHNICAL AND CONFORMING AMENDMENTS.

2 (a) ASSISTIVE TECHNOLOGY DEVICE.—Section 7(23)

3 of the Rehabilitation Act of 1973 (29 U.S.C. 706(23)), as

4 added by section 102(n) of Public Law 102–569 (106 Stat.

5 4350), is amended—

6 (1) by striking ‘‘3(1)’’ and inserting ‘‘3(2)’’; and

7 (2) by striking ‘‘2202(1)’’ and inserting

8 ‘‘2202(2)’’.

9 (b) ASSISTIVE TECHNOLOGY SERVICE.—Section 7(24)

10 of the Rehabilitation Act of 1973 (29 U.S.C. 706(24)), as

11 added by section 102(n) of Public Law 102–569 (106 Stat.

12 4350), is amended—

13 (1) by striking ‘‘3(2)’’ and inserting ‘‘3(3)’’; and

14 (2) by striking ‘‘2202(2)’’ and inserting

15 ‘‘2202(3)’’.

16 TITLE V—EFFECTIVE DATE

17 SEC. 501. EFFECTIVE DATE.

18 (a) IN GENERAL.—Except as otherwise specifically

19 provided in this Act, this Act and the amendments made

20 by this Act shall take effect on the date of the enactment

21 of this Act.

22 (b) COMPLIANCE.—Each State receiving a grant under

23 the Technology-Related Assistance for Individuals With

24 Disabilities Act of 1988 shall comply with the amendments

25 made by this Act—
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1 (1) as soon as practicable after the date of the

2 enactment of this Act, consistent with the effective and

3 efficient administration of the Technology-Related As4 sistance for Individuals With Disabilities Act of 1988;

5 but

6 (2) not later than—

7 (A) the next date on which the State re8 ceives an award through a grant under section

9 102 or 103 of such Act; or

10 (B) October 1, 1994,

11 whichever is sooner.

Attest:

Clerk.

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