Union Calendar No. 119

103D CONGRESS

1ST SESSION H. R. 2339

[Report No. 103–208]

A BILL

To amend the Technology-Related Assistance for

1994 through 1998.thorize appropriations for each of the fiscal yearsIndividuals with Disabilities Act of 1988 to auAUGUST 2, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 119

103D CONGRESS

1ST SESSION H. R. 2339

[Report No. 103–208]

To amend the Technology-Related Assistance for Individuals with Disabilities

Act of 1988 to authorize appropriations for each of the fiscal years

1994 through 1998.

IN THE HOUSE OF REPRESENTATIVES

JUNE 8, 1993

Mr. OWENS introduced the following bill; which was referred to the Committee

on Education and Labor

AUGUST 2, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 8, 1993]

A BILL

To amend the Technology-Related Assistance for Individuals

with Disabilities Act of 1988 to authorize appropriations

for each of the fiscal years 1994 through 1998.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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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 Amendments of 1993’’.

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. Findings and purposes.

Sec. 3. Definitions.

TITLE I—GRANTS TO STATES

Sec. 101. Program authorized.

Sec. 102. Development grants.

Sec. 103. Extension grants.

Sec. 104. Second extension grants.

Sec. 105. Progress reports.

Sec. 106. Administrative provisions.

Sec. 107. Information and technical assistance.

Sec. 108. Funding.

TITLE II—PROGRAMS OF NATIONAL SIGNIFICANCE

Sec. 201. Programs authorized.

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. Technical and conforming amendments.

TITLE V—EFFECTIVE DATE

Sec. 501. Effective date.

7 SEC. 2. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—Section 2(a) of the Technology-Related

9 Assistance for Individuals With Disabilities Act of 1988 (29

10 U.S.C. 2201(a)) is amended to read as follows:

11 ‘‘(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—

4 ‘‘(A) to live independently;

5 ‘‘(B) to enjoy self-determination;

6 ‘‘(C) to make choices;

7 ‘‘(D) to contribute to society;

8 ‘‘(E) to pursue meaningful careers; and

9 ‘‘(F) to enjoy full inclusion and integration

10 in the economic, political, social, cultural, and

11 educational mainstream of American society.

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

13 major advances in modern technology. Technology is

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

15 the United States. Technology can provide important

16 tools for making the performance of tasks quicker and

17 easier. For some individuals with disabilities,

18 assistive technology is a necessity that enables them to

19 engage in or perform many tasks.

20 ‘‘(3) The provision of assistive technology devices

21 and services enables some individuals with disabil22 ities—

23 ‘‘(A) to have greater control over their own

24 lives;
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1 ‘‘(B) to participate in and contribute more

2 fully to activities in their home, school, and work

3 environments, and in their communities;

4 ‘‘(C) to interact to a greater extent with

5 nondisabled individuals; and

6 ‘‘(D) to otherwise benefit from opportunities

7 that are taken for granted by individuals who do

8 not have disabilities.

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

10 development of assistive technology devices, including

11 adaptations to existing equipment, which signifi12 cantly benefit individuals of all ages with disabilities.

13 Such devices have increased the involvement of indi14 viduals with disabilities in programs and activities

15 such as early intervention, education, rehabilitation

16 and training, employment, residential living, inde17 pendent living, recreation, and other aspects of daily

18 living. Dual-use technology is critical to the further

19 development of assistive technology devices.

20 ‘‘(5) Many individuals with disabilities cannot

21 access existing telecommunications and information

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

23 developing technologies. The inadvertent failure of

24 Federal and State governments, hardware manufac25 turers, software designers, information systems man-
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1 agers, and telecommunications service providers to ac2 count for the specific needs of individuals with dis3 abilities not only results in the exclusion of such indi4 viduals from the use of telecommunications and infor5 mation technologies, but also results in unnecessary

6 costs associated with the retrofitting of devices and

7 product systems.

8 ‘‘(6) The use of assistive technology devices and

9 services by individuals with disabilities increases such

10 individuals’ ability to be independent, which reduces

11 expenditures associated with early intervention, edu12 cation, rehabilitation, health care, transportation,

13 telecommunication services, and other services re14 quired by such individuals.

15 ‘‘(7) A majority of States have technology-related

16 assistance programs. In spite of the efforts made by

17 such programs to provide comprehensive, statewide

18 services, there remains a need for—

19 ‘‘(A) resources to pay for assistive tech20 nology devices and services;

21 ‘‘(B) trained personnel to assist individuals

22 with disabilities to use such devices and services;

23 ‘‘(C) information about the availability and

24 potential of technology for individuals with dis25 abilities and their family members, guardians,
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1 advocates, and authorized representatives, rep2 resentatives of public agencies and private enti3 ties that have contact with individuals with dis4 abilities (including insurers), teachers and relat5 ed services personnel, technology experts (includ6 ing engineers), employers, and other appropriate

7 individuals;

8 ‘‘(D) aggressive outreach to under9 represented populations and rural populations;

10 ‘‘(E) coordination among State human

11 services programs, and among such programs

12 and private entities, particularly with respect to

13 transitions between such programs and entities;

14 and

15 ‘‘(F) capacity of such programs to provide

16 the necessary technology-related assistance.

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 limited markets.

21 ‘‘(9) At the Federal level, there is a lack of co22 ordination among agencies that provide or pay for

23 the provision of assistive technology devices and serv24 ices. In addition, the Federal Government does not

25 provide adequate assistance and information with re-
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1 spect to the use of assistive technology devices and

2 services to individuals with disabilities and their

3 family members, guardians, advocates, and author4 ized representatives, representatives of public agencies

5 and private entities that have contact with individ6 uals with disabilities (including insurers), teachers

7 and related services personnel, technology experts (in8 cluding engineers), employers, and other appropriate

9 individuals.’’.

10 (b) PURPOSES.—Section 2(b) of the Technology-Relat11 ed Assistance for Individuals With Disabilities Act of 1988

12 (29 U.S.C. 2201(b)) is amended to read as follows:

13 ‘‘(b) PURPOSES.—The purposes of this Act are as fol14 lows:

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

16 to develop and implement a consumer-responsive,

17 consumer-driven, comprehensive statewide program of

18 technology-related assistance for individuals of all

19 ages with disabilities that is designed to create sys20 temic change and foster advocacy by—

21 ‘‘(A) increasing the availability of, funding

22 for, and access to, assistive technology devices

23 and services for individuals with disabilities;

24 ‘‘(B) increasing the active involvement of

25 individuals with disabilities and their family
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1 members, guardians, advocates, and authorized

2 representatives in the planning, development,

3 implementation, and evaluation of technology4 related assistance programs;

5 ‘‘(C) increasing the involvement of individ6 uals with disabilities and their family members,

7 guardians, advocates, and authorized representa8 tives in specific agency decisions related to the

9 provision of assistive technology devices and

10 services to individuals with disabilities;

11 ‘‘(D) increasing and promoting coordina12 tion among State agencies and between State

13 agencies and private entities that provide tech14 nology-related assistance, particularly assistive

15 technology devices and services;

16 ‘‘(E) increasing the awareness of laws, regu17 lations, policies, procedures, and practices that

18 facilitate the availability or provision of

19 assistive technology devices and services and by

20 promoting the change of laws, regulations, poli21 cies, procedures, and practices that impede the

22 availability or provision of assistive technology

23 devices and services;

24 ‘‘(F) increasing the probability that indi25 viduals of all ages with disabilities will, to the
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1 extent appropriate, be able to secure and main2 tain assistive technology devices as such individ3 uals make the transition between services offered

4 by human service agencies or between settings of

5 daily living;

6 ‘‘(G) increasing the competence of personnel

7 who provide technology-related assistance, in8 cluding assistive technology devices and services;

9 ‘‘(H) increasing awareness and knowledge

10 of the efficacy of assistive technology devices and

11 services among individuals with disabilities and

12 their family members, guardians, advocates, and

13 authorized representatives, representatives of

14 public agencies and private entities that have

15 contact with individuals with disabilities (in16 cluding insurers), teachers and related services

17 personnel, technology experts (including engi18 neers), employers, and other appropriate indi19 viduals;

20 ‘‘(I) increasing the capacity of public agen21 cies and private entities to provide and pay for

22 technology-related assistance on a statewide

23 basis, particularly assistive technology devices

24 and services, for individuals of all ages with dis25 abilities; and
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1 ‘‘(J) increasing the awareness of the needs

2 of individuals with disabilities for assistive tech3 nology devices and services.

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

5 payment for assistive technology devices and services

6 for individuals with disabilities, to identify Federal

7 policies that impede such payment, and to eliminate

8 inappropriate barriers to such payment.

9 ‘‘(3) To enhance the ability of the Federal Gov10 ernment to provide States with—

11 ‘‘(A) technical assistance, information,

12 training, and public awareness programs relat13 ing to the provision of assistive technology de14 vices and services; and

15 ‘‘(B) funding for model demonstration and

16 innovation projects.

17 ‘‘(4) To ensure that all programs, projects, and

18 activities receiving assistance under this Act are car19 ried out in a manner consistent with the principles

20 of—

21 ‘‘(A) respect for individual dignity, per22 sonal responsibility, and self-determination in

23 the pursuit of meaningful careers, based on in24 formed choice, by individuals with disabilities;
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1 ‘‘(B) respect for the privacy, rights, and

2 equal access (including the use of accessible for3 mats), of such individuals;

4 ‘‘(C) inclusion, integration, and full par5 ticipation of such individuals;

6 ‘‘(D) support for the involvement of family

7 members, guardians, advocates, or authorized

8 representatives if an individual with a disability

9 requests, desires, or needs such support; and

10 ‘‘(E) support for individual and systemic

11 advocacy and community involvement.’’.

12 SEC. 3. DEFINITIONS.

13 Section 3 of the Technology-Related Assistance for In14 dividuals With Disabilities Act of 1988 (29 U.S.C. 2202)

15 is amended—

16 (1) by redesignating paragraphs (1), (2), (3),

17 (4), (5), (6), (7), and (8) as paragraphs (2), (3), (7),

18 (9), (11), (12), (14), and (15), respectively;

19 (2) by inserting before paragraph (2) (as redesig20 nated by paragraph (1)) the following:

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

22 services’ means assistance to individuals with disabil23 ities and their family members, guardians, advocates,

24 and authorized representatives in accessing assistive

25 technology devices and services to which individuals
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1 with disabilities are entitled under law. Such term

2 includes—

3 ‘‘(A) dissemination of information;

4 ‘‘(B) individual case management;

5 ‘‘(C) training individuals to locate funding

6 sources; and

7 ‘‘(D) pursuit of legal and other appropriate

8 remedies.’’;

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

10 paragraph (1)), by striking ‘‘family’’ and all that fol11 lows and inserting ‘‘the family members, guardians,

12 advocates, or authorized representatives of such an in13 dividual; and’’;

14 (4) by inserting after paragraph (3) (as redesig15 nated by paragraph (1)) the following:

16 ‘‘(4) COMPREHENSIVE.—The term ‘comprehen17 sive’, when used with reference to a program, means

18 a statewide program that addresses the needs of all

19 individuals with disabilities, including

20 underrepresented populations and rural populations,

21 who can benefit from the use of assistive technology

22 devices and services regardless of age, type of disabil23 ity, gender, race, or ethnicity.

24 ‘‘(5) CONSUMER-DRIVEN.—The term ‘consumer25 driven’, when used with reference to a program,
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1 means a statewide program that includes individuals

2 with disabilities and their family members, guard3 ians, advocates, and authorized representatives, in4 cluding underrepresented populations and rural pop5 ulations, in the development, implementation, and

6 evaluation of the program.

7 ‘‘(6) CONSUMER-RESPONSIVE.—The term

8 ‘consumer-responsive’, when used with reference to a

9 program, means a statewide program that provides

10 information, training, technical assistance, and

11 transportation and related services to enable individ12 uals of all ages with disabilities to access assistive

13 technology devices and services.’’;

14 (5) in paragraph (7) (as redesignated by para15 graph (1))—

16 (A) by striking the matter preceding sub17 paragraph (A) and inserting the following:

18 ‘‘(7) INDIVIDUAL WITH A DISABILITY.—The term

19 ‘individual with a disability’ means any individ20 ual—’’; and

21 (B) in subparagraph (A), by striking ‘‘or

22 handicap’’;

23 (6) by inserting after paragraph (7) (as redesig24 nated by paragraph (1)) the following:
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1 ‘‘(8) INDIVIDUALS WITH DISABILITIES.—The

2 term ‘individuals with disabilities’ means more than

3 one individual with a disability.’’;

4 (7) in paragraph (9) (as redesignated by para5 graph (1)), by striking ‘‘section 435(b)’’ and inserting

6 ‘‘section 481(a)’’;

7 (8) by inserting after paragraph (9) (as redesig8 nated by paragraph (1)) the following:

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

10 The term ‘protection and advocacy services’ means

11 services that—

12 ‘‘(A) are described in part C of the Devel13 opmental Disabilities Assistance and Bill of

14 Rights Act (42 U.S.C. 6041 et seq.), the Protec15 tion and Advocacy for Mentally Ill Individuals

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

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

18 and

19 ‘‘(B) assist individuals with disabilities and

20 their family members, guardians, advocates, and

21 authorized representatives with respect to

22 assistive technology devices and services.’’;

23 (9) in paragraph (12) (as redesignated by para24 graph (1)), by striking ‘‘Trust’’ and all that follows
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1 and inserting ‘‘Republic of Palau (until the Compact

2 of Free Association with Palau takes effect).’’;

3 (10) by inserting after paragraph (12) (as redes4 ignated by paragraph (1)) the following:

5 ‘‘(13) SYSTEMS CHANGE ACTIVITIES.—The term

6 ‘systems change activities’ means activities—

7 ‘‘(A) to identify laws, regulations, policies,

8 procedures, and practices that are legal or serv9 ice delivery barriers impeding access to assistive

10 technology devices and services;

11 ‘‘(B) to develop, modify, revise, correct, or

12 adjust State or local laws, regulations, policies,

13 procedures, and practices to allow individuals

14 with disabilities to access assistive technology de15 vices and services; and

16 ‘‘(C) to increase funding for, and access to,

17 assistive technology devices and services on a

18 permanent basis.’’; and

19 (11) by amending paragraph (15) (as redesig20 nated by paragraph (1)) to read as follows:

21 ‘‘(15) UNDERREPRESENTED POPULATIONS.—The

22 term ‘underrepresented populations’ includes popu23 lations such as minorities, the poor, and the limited

24 English proficient.’’.
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1 TITLE I—GRANTS TO STATES

2 SEC. 101. PROGRAM AUTHORIZED.

3 (a) GRANTS TO STATES.—Section 101(a) of the Tech4 nology-Related Assistance for Individuals With Disabilities

5 Act of 1988 (29 U.S.C. 2211(a)) is amended by striking

6 ‘‘to develop and implement consumer-responsive’’ and in7 serting ‘‘in developing and implementing consumer-respon8 sive, consumer-driven’’.

9 (b) REQUIRED ACTIVITIES.—Section 101(b) of the

10 Technology-Related Assistance for Individuals With Dis11 abilities Act of 1988 (29 U.S.C. 2211(b)) is amended to read

12 as follows:

13 ‘‘(b) REQUIRED ACTIVITIES.—Any State that receives

14 a grant under this title shall accomplish the purposes de15 scribed in section 2(b)(1) by carrying out the following ac16 tivities:

17 ‘‘(1) SYSTEMS CHANGE ACTIVITIES.—Systems

18 change activities shall include—

19 ‘‘(A) developing and implementing strate20 gies to obtain funds with which individuals with

21 disabilities may obtain assistive technology de22 vices and services in State special education, vo23 cational rehabilitation, and medical assistance

24 programs or, as appropriate, other education,

25 health, or human service agencies, with particu-
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1 lar emphasis on addressing the needs of

2 underrepresented populations and rural popu3 lations, coordinating such funds, and monitoring

4 State and local policies, procedures, and prac5 tices that relate to such funds;

6 ‘‘(B) establishing an interagency coordinat7 ing committee to enhance public funding options

8 and coordinate access to funding for assistive

9 technology devices and services for individuals of

10 all ages with disabilities, with special attention

11 to the issues of transition from school to work,

12 home use, and individual involvement in the

13 identification, planning, use, delivery, and eval14 uation of such devices and services; and

15 ‘‘(C) developing written materials, training,

16 and technical assistance to ensure that the needs

17 of an individual for assistive technology devices

18 and services are considered and included as part

19 of an individualized education program required

20 under section 614(a)(5) of the Individuals with

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

22 1414(a)(5)), an individualized family service

23 plan developed pursuant to section 677(d) of

24 such Act (20 U.S.C. 1477(d)), an individualized

25 written rehabilitation program required under
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1 section 102(b) of the Rehabilitation Act of 1973

2 (29 U.S.C. 722(b)), and other individualized

3 plans that may have been developed for the indi4 vidual.

5 ‘‘(2) CONSUMER-RESPONSIVE, CONSUMER-DRIVEN

6 ACTIVITIES.—(A) Consumer-responsive, consumer7 driven activities shall include—

8 ‘‘(i) providing outreach to underrepresented

9 populations and rural populations, including—

10 ‘‘(I) identification and needs assess11 ment of such populations;

12 ‘‘(II) activities to increase the acces13 sibility of services to such populations;

14 ‘‘(III) training representatives of such

15 populations to become service providers; and

16 ‘‘(IV) training staff of the comprehen17 sive statewide program of technology-related

18 assistance to work with such populations;

19 and

20 ‘‘(ii) establishing consumer advisory coun21 cils to advise such program, a majority of whose

22 members are—

23 ‘‘(I) individuals with disabilities; and
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1 ‘‘(II) the family members, guardians,

2 or authorized representatives of individuals

3 with disabilities.

4 ‘‘(B) Consumer-responsive, consumer-driven ac5 tivities may include—

6 ‘‘(i) increasing consumer participation,

7 choice, and control in the selection and procure8 ment of assistive technology;

9 ‘‘(ii) outreach to consumer organizations

10 and groups in the State to coordinate with ef11 forts of such organizations and groups to imple12 ment self-help, peer mentoring, and support

13 group programs to assist individuals with dis14 abilities and their family members, guardians,

15 advocates, and authorized representatives in ob16 taining funding for, and access to, assistive tech17 nology devices and services;

18 ‘‘(iii) developing mechanisms for determin19 ing consumer satisfaction and participation in

20 the comprehensive statewide program of tech21 nology-related assistance for individuals of all

22 ages with disabilities and documenting the re23 sults;

24 ‘‘(iv) taking actions to develop standards or,

25 where appropriate, apply existing standards to
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1 ensure the availability of qualified personnel;

2 and

3 ‘‘(v) paying for expenses, including travel

4 expenses, and services, including services of

5 qualified interpreters, readers, and personal care

6 assistants, that may be necessary to ensure access

7 to the comprehensive statewide program of tech8 nology-related assistance by individuals with

9 disabilities who are determined by the State to

10 be in financial need.

11 ‘‘(3) ADVOCACY SERVICES.—Advocacy services—

12 ‘‘(A) shall include training individuals with

13 disabilities and their family members, guard14 ians, advocates, and authorized representatives

15 to successfully advocate for access to assistive

16 technology devices and services, with special em17 phasis placed on underrepresented populations

18 and rural populations; and

19 ‘‘(B) shall supplement, not supplant, simi20 lar advocacy services that have been provided

21 pursuant to other Federal or State laws.

22 ‘‘(4) PROTECTION AND ADVOCACY SERVICES.—A

23 State shall provide protection and advocacy services

24 by awarding a contract to provide such services to an

25 organization established for protection and advocacy
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1 services under the Developmental Disabilities Assist2 ance and Bill of Rights Act (42 U.S.C. 6000 et seq.).

3 Any State that provided protection and advocacy

4 services prior to January 1, 1993, through an organi5 zation other than that established for protection and

6 advocacy services under such Act may continue to

7 provide such services through such organization. Pro8 tection and advocacy services shall supplement, not

9 supplant, similar protection and advocacy services

10 that have been provided pursuant to other Federal or

11 State laws.’’.

12 (c) AUTHORIZED ACTIVITIES.—Section 101(c) of the

13 Technology-Related Assistance for Individuals With Dis14 abilities Act of 1988 (29 U.S.C. 2211(c)) is amended—

15 (1) by amending the matter preceding paragraph

16 (1) to read as follows:

17 ‘‘(c) AUTHORIZED ACTIVITIES.—Any State that re18 ceives a grant under this title may accomplish the purposes

19 described in section 2(b)(1) by carrying out the following

20 activities:’’;

21 (2) in paragraph (1), by striking subparagraph

22 (C) and redesignating subparagraph (D) as subpara23 graph (C);

24 (3) in paragraph (2), in each of subparagraphs

25 (B), (C), and (G)(i), by striking ‘‘assistive tech-
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1 nology’’ each place such term appears after ‘‘devices

2 and’’;

3 (4) by redesignating paragraphs (3) through (7)

4 as paragraphs (5) through (9), respectively;

5 (5) by redesignating paragraph (8) as para6 graph (12);

7 (6) by inserting after paragraph (2) the follow8 ing:

9 ‘‘(3) ELECTRONIC COMMUNICATION.—The State

10 may operate or participate in a computer system

11 through which it can electronically communicate with

12 other States to gain technical assistance in a timely

13 fashion to avoid the duplication of efforts already un14 dertaken in other States.

15 ‘‘(4) DEMONSTRATION OF DEVICES.—The State

16 may support the demonstration of assistive technology

17 devices. Activities may include—

18 ‘‘(A) provision of a location or locations

19 within the State where individuals with disabil20 ities and their family members, guardians, advo21 cates, and authorized representatives, special

22 education, rehabilitation, health care, and other

23 service providers, representatives of Federal,

24 State, and local government entities, and em25 ployers can see, touch, and learn about assistive
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1 technology devices from personnel who are famil2 iar with such devices and their applications;

3 ‘‘(B) counseling and assistance to individ4 uals with disabilities and their family members,

5 guardians, advocates, and authorized representa6 tives to determine individual needs for assistive

7 technology devices and services; and

8 ‘‘(C) demonstration or short-term loan of

9 assistive technology devices to individuals, em10 ployers, public agencies, or public accommoda11 tions seeking strategies to comply with the Amer12 icans with Disabilities Act of 1990 (42 U.S.C.

13 12101 et seq.) and section 504 of the Rehabilita14 tion Act of 1973 (29 U.S.C. 794).’’;

15 (7) in paragraph (5) (as redesignated by para16 graph (4)), by striking ‘‘assistive technology’’ after

17 ‘‘devices or’’;

18 (8) in paragraph (6) (as redesignated by para19 graph (4))—

20 (A) by amending the matter preceding sub21 paragraph (A) to read as follows:

22 ‘‘(6) PUBLIC AWARENESS PROGRAM.—The State

23 may support a public awareness program designed to

24 provide information relating to the availability and

25 efficacy of assistive technology devices and services for
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1 individuals with disabilities and their family mem2 bers, guardians, advocates, and authorized representa3 tives, representatives of public agencies and private

4 entities that have contact with individuals with dis5 abilities (including insurers), teachers and related

6 services personnel, technology experts (including engi7 neers), employers, and other appropriate individuals,

8 or may establish and support such a program if no

9 such program exists. Such a program may include—

10 ’’;

11 (B) in subparagraph (A), in each of clauses

12 (i), (ii), and (iii), by striking ‘‘assistive tech13 nology’’ after ‘‘devices and’’;

14 (C) in subparagraph (B), by striking

15 ‘‘assistive technology’’ after ‘‘devices and’’; and

16 (D) in subparagraph (C)(i), by striking

17 ‘‘families or representatives of individuals with

18 disabilities,’’ and inserting ‘‘and their family

19 members, guardians, advocates, or authorized

20 representatives,’’;

21 (9) in paragraph (7) (as redesignated by para22 graph (4)), by striking ‘‘devices’’ and all that follows

23 and inserting the following: ‘‘devices and services to

24 individuals with disabilities and their family mem25 bers, guardians, advocates, and authorized representa-
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1 tives, representatives of public agencies and private

2 entities that have contact with individuals with dis3 abilities (including insurers), teachers and related

4 services personnel, technology experts (including engi5 neers), employers, and other appropriate individ6 uals.’’;

7 (10) in paragraph (8) (as redesignated by para8 graph (4))—

9 (A) in the matter preceding subparagraph

10 (A)—

11 (i) in the first sentence, by striking

12 ‘‘assistive technology’’ after ‘‘devices and’’;

13 (ii) by inserting after the first sentence

14 the following: ‘‘Access to the system may be

15 provided through community-based entities,

16 including public libraries, centers for inde17 pendent living (as defined in section 702 of

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

19 796a)), and community rehabilitation pro20 grams (as defined in section 7(25) of such

21 Act (29 U.S.C. 706(25)).’’; and

22 (iii) by striking ‘‘a system described in

23 the preceding sentence,’’ and inserting ‘‘the

24 system,’’;

25 (B) in subparagraph (A)—
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1 (i) by inserting ‘‘large print,’’ after

2 ‘‘print,’’; and

3 (ii) by striking ‘‘materials’’ and all

4 that follows and inserting the following:

5 ‘‘materials, computer disks, compact discs

6 (including compact discs formatted with

7 read-only memory), information capable of

8 being used in telephone-based information

9 systems, and such other media as techno10 logical innovation may make appropriate;’’;

11 and

12 (C) by adding at the end the following:

13 ‘‘The information system may be organized on an

14 interstate basis or as part of a regional consortium

15 of States in order to facilitate the establishment of

16 compatible, linked information systems.’’; and

17 (11) by inserting after paragraph (9) (as redes18 ignated by paragraph (4)) the following:

19 ‘‘(10) PARTNERSHIPS AND COOPERATIVE INITIA20 TIVES.—The State may support the establishment or

21 continuation of partnerships and cooperative initia22 tives between the public sector and the private sector

23 to promote greater participation by business and in24 dustry in—
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1 ‘‘(A) the development, demonstration, and

2 dissemination of assistive technology devices; and

3 ‘‘(B) the ongoing provision of information

4 about new products to assist individuals with

5 disabilities.

6 ‘‘(11) DEVICE AND EQUIPMENT REDISTRIBUTION

7 INFORMATION SYSTEMS AND RECYCLING CENTERS.—

8 The State may support activities, including the estab9 lishment of information systems and recycling cen10 ters, for the redistribution of assistive technology de11 vices and equipment that may include device and

12 equipment loans, rentals, or gifts.’’.

13 SEC. 102. DEVELOPMENT GRANTS.

14 (a) NUMBER OF GRANTS TO BE AWARDED.—Section

15 102 of the Technology-Related Assistance for Individuals

16 With Disabilities Act of 1988 (29 U.S.C. 2212) is amend17 ed—

18 (1) by striking subsection (b); and

19 (2) by redesignating subsections (c) through (e)

20 as subsections (b) through (d), respectively.

21 (b) AMOUNTS OF GRANTS.—Section 102(b) of the Tech22 nology-Related Assistance for Individuals With Disabilities

23 Act of 1988 (29 U.S.C. 2212(c)) (as redesignated by sub24 section (a)) is amended—
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1 (1) in paragraph (1), by striking ‘‘section 106,’’

2 and inserting ‘‘section 108(a)(1),’’;

3 (2) in paragraph (2), by striking ‘‘section 106’’

4 and inserting ‘‘section 108(a)(1)’’; and

5 (3) in paragraph (5)—

6 (A) in subparagraph (A), by striking ‘‘the

7 Trust Territory of the Pacific Islands.’’ and in8 serting ‘‘the Republic of Palau.’’; and

9 (B) in subparagraph (B), by striking ‘‘the

10 Trust Territory of the Pacific Islands.’’ and in11 serting ‘‘the Republic of Palau (until the Com12 pact of Free Association with Palau takes ef13 fect).’’.

14 (c) APPLICATIONS.—Section 102(d) of the Technology15 Related Assistance for Individuals With Disabilities Act of

16 1988 (29 U.S.C. 2212(e)) (as redesignated by subsection

17 (a)) is amended—

18 (1) by redesignating paragraph (17) as para19 graph (25);

20 (2) by redesignating paragraphs (4) through (16)

21 as paragraphs (5) through (17), respectively;

22 (3) by striking paragraphs (1), (2), and (3) and

23 inserting the following:
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1 ‘‘(1) DESIGNATION OF LEAD AGENCY.—The des2 ignation by the Governor of the office, agency, entity,

3 or individual responsible for—

4 ‘‘(A) submitting the application on behalf of

5 the State;

6 ‘‘(B) administering and supervising the use

7 of amounts made available under the grant;

8 ‘‘(C) coordinating and supervising—

9 ‘‘(i) preparation of the application;

10 ‘‘(ii) planning, development, imple11 mentation, and evaluation of the consumer12 responsive, consumer-driven, comprehensive

13 statewide program of technology-related as14 sistance;

15 ‘‘(iii) coordination among public agen16 cies and between public agencies and pri17 vate entities, including the entering into of

18 interagency and interstate agreements; and

19 ‘‘(iv) the active, timely, and meaning20 ful participation by individuals with dis21 abilities and their family members, guard22 ians, advocates, and authorized representa23 tives, or other appropriate individuals with

24 respect to carrying out activities under the

25 grant; and
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1 ‘‘(D) delegating any responsibilities de2 scribed in this paragraph, in whole or in part,

3 to one or more appropriate offices, agencies, enti4 ties, or individuals.

5 ‘‘(2) ABILITIES OF LEAD AGENCY.—Evidence

6 that the lead agency described in paragraph (1) has

7 the ability—

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

9 across disability and age;

10 ‘‘(B) to promote the availability throughout

11 the State of assistive technology devices and serv12 ices;

13 ‘‘(C) to promote and implement systems

14 change activities;

15 ‘‘(D) to promote and implement public-pri16 vate partnerships;

17 ‘‘(E) to exercise leadership in identifying

18 and responding to the technology needs of indi19 viduals with disabilities and their family mem20 bers, guardians, advocates, and authorized rep21 resentatives;

22 ‘‘(F) to promote and document the

23 consumer-responsive, consumer-driven nature of

24 the comprehensive statewide program of tech25 nology-related assistance; and
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1 ‘‘(G) to exercise leadership in implementing

2 effective strategies for capacity building, staff

3 and consumer training, and enhancement of ac4 cess to funding for assistive technology devices

5 and services across agencies.

6 ‘‘(3) AGENCY INVOLVEMENT.—A description of

7 the nature and extent of involvement of various State

8 agencies in the preparation of the application and the

9 continuing role of each agency in the development

10 and implementation of the consumer-responsive,

11 consumer-driven, comprehensive statewide program of

12 technology-related assistance, including the identifica13 tion of the available resources and financial respon14 sibility of each agency for paying for assistive tech15 nology devices and services.

16 ‘‘(4) PUBLIC INVOLVEMENT.—A description of

17 the nature and extent of the involvement in the devel18 opment of the application, and the continuing role in

19 the consumer-responsive, consumer-driven, comprehen20 sive statewide program of technology-related assist21 ance of—

22 ‘‘(A) individuals with disabilities;

23 ‘‘(B) the family members, guardians, advo24 cates, and authorized representatives of such in25 dividuals;
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1 ‘‘(C) other appropriate individuals who are

2 not employed by a State agency; and

3 ‘‘(D) organizations, providers, employers,

4 and other interested parties from the private sec5 tor.’’;

6 (4) in paragraph (5) (as redesignated by para7 graph (2)), by striking ‘‘underserved groups’’ and in8 serting ‘‘underrepresented populations and rural pop9 ulations’’;

10 (5) in paragraph (7) (as redesignated by para11 graph (2)), by striking ‘‘consumer-responsive’’ and in12 serting ‘‘consumer-responsive, consumer-driven, com13 prehensive’’;

14 (6) by striking paragraph (8) (as redesignated

15 by paragraph (2)) and inserting the following:

16 ‘‘(8) DATA COLLECTION.—A description of—

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

18 compiling information as required by the Sec19 retary and, when a national classification sys20 tem is developed pursuant to section 201, consist21 ent with such classification system; and

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

23 evaluations.’’;
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1 (7) in paragraph (9) (as redesignated by para2 graph (2)), by striking ‘‘devices and assistive tech3 nology’’ and inserting ‘‘devices and’’;

4 (8) in paragraph (12) (as redesignated by para5 graph (2))—

6 (A) in subparagraph (A), by striking ‘‘de7 vices and assistive technology’’ and inserting

8 ‘‘devices and’’; and

9 (B) in subparagraph (B), by striking ‘‘de10 vices or assistive technology’’ each place it ap11 pears and inserting ‘‘devices or’’;

12 (9) by amending paragraph (16) (as redesig13 nated by paragraph (2)) to read as follows:

14 ‘‘(16) FISCAL CONTROL AND ACCOUNTING PROCE15 DURES.—An assurance that—

16 ‘‘(A) the State will adopt such fiscal control

17 and accounting procedures as may be necessary

18 to ensure proper disbursement of and accounting

19 for amounts received under the grant; and

20 ‘‘(B) the lead agency will have the authority

21 to use funds under this title to comply with the

22 State grant requirements, including the ability

23 to hire qualified staff necessary to carry out

24 project activities.’’; and
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1 (10) by inserting after paragraph (17) (as redes2 ignated by paragraph (2)) the following:

3 ‘‘(18) PROTECTION AND ADVOCACY SERVICES.—

4 An assurance that the State will allocate a specific

5 amount of funds, from Federal or State sources, for

6 protection and advocacy services provided pursuant

7 to section 101(b)(4). In reviewing an application by

8 the State, the Secretary shall review such specific

9 amount to determine if it is reasonable in relation to

10 the size of the grant and the needs of individuals with

11 disabilities within the State. In making such deter12 mination, the Secretary shall consider the population

13 of the State and the geographic size of the State.

14 ‘‘(19) TRAINING ACTIVITIES.—An assurance that

15 the State—

16 ‘‘(A) will develop and implement strategies

17 for including personnel training in assistive

18 technology within existing Federal- and State19 funded training initiatives to enhance assistive

20 technology skills and competencies; and

21 ‘‘(B) will document such training activities.

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

23 that the percentage of funds used for indirect costs

24 shall not exceed 15 percent.
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1 ‘‘(21) COORDINATION WITH STATE COUNCILS.—

2 An assurance that there will be coordination between

3 the project funded under this Act and other councils

4 within the State, including the State Rehabilitation

5 Advisory Council (or Councils) established under sec6 tion 105 of the Rehabilitation Act of 1973 (29 U.S.C.

7 725), the Statewide Independent Living Council es8 tablished under section 705 of such Act (29 U.S.C.

9 796d), the advisory panel established under section

10 613(a)(12) of the Individuals with Disabilities Edu11 cation Act (20 U.S.C. 1413(a)(12)), the State Inter12 agency Coordinating Council established under sec13 tion 682 of such Act (20 U.S.C. 1482), the State

14 Planning Council described in section 124 of the De15 velopmental Disabilities Assistance and Bill of Rights

16 Act (42 U.S.C. 6024), and the State mental health

17 planning council established under section 1916(e) of

18 the Public Health Service Act (42 U.S.C. 300x–4(e)).

19 ‘‘(22) COORDINATION WITH OTHER SYSTEMS

20 CHANGE PROJECTS.—An assurance that there will be

21 coordination between the project funded under this

22 Act and other related systems change projects funded

23 by either Federal or State funds.

24 ‘‘(23) AVAILABILITY OF INFORMATION.—An as25 surance that the State will—
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1 ‘‘(A) make available to individuals with

2 disabilities and their family members, guard3 ians, advocates, and authorized representatives

4 information concerning technology-related assist5 ance in a form that will allow such individuals

6 with disabilities to effectively use such informa7 tion; and

8 ‘‘(B) in preparing such information for dis9 semination, consider the media-related needs of

10 individuals with disabilities who have sensory

11 and cognitive limitations and consider the use of

12 auditory materials, including audio cassettes,

13 visual materials, including video cassettes and

14 video discs, and braille materials.

15 ‘‘(24) TIMELINESS OF SERVICE PROVISION.—An

16 assurance that the State—

17 ‘‘(A) will review all State laws, regulations,

18 policies, procedures, and practices that have an

19 impact on—

20 ‘‘(i) the decisions related to the need

21 for and the provision of assistive technology

22 devices and services;

23 ‘‘(ii) the specific entity within the

24 State that will provide such service or de25 vice;
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1 ‘‘(iii) the procurement policies, proce2 dures, and practices that affect the acquisi3 tion or usage of such service or device; or

4 ‘‘(iv) the timelines involved in such

5 procurement;

6 ‘‘(B) will review the information required

7 under subparagraph (A) to determine areas that

8 inhibit or delay the acquisition or delivery of a

9 needed assistive technology service or device, par10 ticularly as such service or device relates to mi11 nors; and

12 ‘‘(C) will determine ways in which the

13 timelines for acquisition and delivery may be de14 creased.’’.

15 SEC. 103. EXTENSION GRANTS.

16 (a) GENERAL AUTHORITY.—Section 103(a) of the

17 Technology-Related Assistance for Individuals With Dis18 abilities Act of 1988 (29 U.S.C. 2213(a)) is amended to

19 read as follows:

20 ‘‘(a) GENERAL AUTHORITY.—The Secretary may

21 award a 2-year extension grant to any State that—

22 ‘‘(1) has been awarded one development grant

23 under section 102;

24 ‘‘(2) has successfully satisfied the requirements

25 in such section; and
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1 ‘‘(3) has demonstrated to the Secretary that the

2 State made significant progress in developing and

3 implementing a consumer-responsive, consumer-driv4 en, comprehensive statewide program of technology-re5 lated assistance, consistent with sections 2(b)(1), 101,

6 and 102(d).’’.

7 (b) ASSESSMENT OF PROGRESS.—Section 103 of the

8 Technology-Related Assistance for Individuals With Dis9 abilities Act of 1988 (29 U.S.C. 2213) is amended—

10 (1) by redesignating subsections (b) and (c) as

11 subsections (c) and (d), respectively; and

12 (2) by inserting after subsection (a) the follow13 ing:

14 ‘‘(b) ASSESSMENT OF PROGRESS.—The Secretary shall

15 develop guidelines to be used in assessing the extent to which

16 the State is making significant progress in developing and

17 implementing a consumer-responsive, consumer-driven,

18 comprehensive statewide program of technology-related as19 sistance consistent with section 2(b)(1).’’.

20 (c) AMOUNTS OF GRANTS.—Section 103(c) of the Tech21 nology-Related Assistance for Individuals With Disabilities

22 Act of 1988 (29 U.S.C. 2213(c)) (as redesignated by sub23 section (b)) is amended—

24 (1) in paragraph (1)(A), by striking ‘‘section

25 106’’ and inserting ‘‘section 108(a)(1)’’;
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1 (2) in paragraph (1)(B), by striking ‘‘section

2 106’’ and inserting ‘‘section 108(a)(1)’’;

3 (3) in paragraph (1)(C)—

4 (A) in clause (i), by striking ‘‘the Trust

5 Territory of the Pacific Islands.’’ and inserting

6 ‘‘the Republic of Palau.’’; and

7 (B) in clause (ii), by striking ‘‘the Trust

8 Territory of the Pacific Islands.’’ and inserting

9 ‘‘the Republic of Palau (until the Compact of

10 Free Association with Palau takes effect).’’; and

11 (4) in paragraph (2), by adding at the end the

12 following:

13 ‘‘In providing any increases in State grants above the

14 amounts provided to States in fiscal year 1993, the

15 Secretary shall give priority to the 10 States that

16 have the largest populations, as determined by the

17 1990 decennial census of the population, and States

18 that are sparsely populated, with a wide geographic

19 spread, where such characteristics have impeded the

20 development of a statewide program.’’.

21 (d) APPLICATION.—Section 103(d) of the Technology22 Related Assistance for Individuals With Disabilities Act of

23 1988 (29 U.S.C. 2213(d)) (as redesignated by subsection

24 (b)) is amended—
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1 (1) by striking paragraphs (1), (2), and (3) and

2 inserting the following:

3 ‘‘(1) INFORMATION AND ASSURANCES.—The in4 formation and assurances described in section 102(d),

5 except the preliminary needs assessment described in

6 section 102(d)(5).

7 ‘‘(2) NEEDS.—A description of—

8 ‘‘(A) needs relating to technology-related as9 sistance for individuals with disabilities (includ10 ing individuals from underrepresented popu11 lations and rural populations), their family

12 members, guardians, advocates, and authorized

13 representatives, and other appropriate individ14 uals within the State;

15 ‘‘(B) gaps that remain in the development

16 and implementation of a consumer-responsive,

17 consumer-driven, comprehensive statewide pro18 gram of technology-related assistance;

19 ‘‘(C) strategies that the State will pursue

20 during the grant period to remedy such gaps;

21 and

22 ‘‘(D) outreach activities, with special atten23 tion to underrepresented populations and rural

24 populations.
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1 ‘‘(3) ACTIVITIES AND PROGRESS UNDER PRE2 VIOUS GRANT.—A description of the specific activities

3 carried out under the development grant received

4 under section 102, the relationship of such activities

5 to the development and implementation of a

6 consumer-responsive, consumer-driven, comprehensive

7 statewide program of technology-related assistance,

8 and the progress made toward the development and

9 implementation of such a program. Such description

10 shall include, at a minimum—

11 ‘‘(A) a description of State actions that

12 were undertaken to produce systems change on a

13 permanent basis for individuals of all ages with

14 disabilities;

15 ‘‘(B) a description of training and technical

16 assistance efforts to improve individual access to

17 assistive technology devices and services; and

18 ‘‘(C) an evaluation of the impact and re19 sults of the activities described in subparagraphs

20 (A) and (B).’’;

21 (2) in paragraph (4)—

22 (A) in the matter preceding subparagraph

23 (A), by striking ‘‘families or representatives of

24 individuals with disabilities,’’ and inserting
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1 ‘‘their family members, guardians, advocates,

2 and authorized representatives,’’; and

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

4 ‘‘consumer-responsive’’ and inserting ‘‘consumer5 responsive, consumer-driven, comprehensive’’;

6 (3) by striking paragraph (6) and redesignating

7 paragraph (7) as paragraph (6);

8 (4) in paragraph (6) (as redesignated by para9 graph (3)), by inserting ‘‘, or any recipient of its

10 funds,’’ after ‘‘State’’; and

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

12 ‘‘(7) CONTINUATION OF PROGRAM.—A descrip13 tion of the steps the State has taken or will take to

14 continue on a permanent basis a consumer-respon15 sive, consumer-driven, comprehensive statewide pro16 gram of technology-related assistance, including an

17 identification of potential funding sources and fund18 ing commitments for the program from the public

19 and private sectors and from the agencies and entities

20 who will be involved with and direct future efforts.’’.

21 SEC. 104. SECOND EXTENSION GRANTS.

22 The Technology-Related Assistance for Individuals

23 With Disabilities Act of 1988 (29 U.S.C. 2201 et seq.) is

24 amended—
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1 (1) by redesignating sections 104 and 105 as sec2 tions 105 and 106, respectively;

3 (2) by redesignating section 106 as section 108;

4 and

5 (3) by inserting after section 103 the following:

6 ‘‘SEC. 104. SECOND EXTENSION GRANTS.

7 ‘‘(a) GENERAL AUTHORITY.—The Secretary may

8 award a 5-year second extension grant to any State that—

9 ‘‘(1) has been awarded one extension grant under

10 section 103;

11 ‘‘(2) has successfully satisfied the requirements

12 in such section; and

13 ‘‘(3) has demonstrated to the Secretary that the

14 State made significant progress in developing and

15 implementing a consumer-responsive, consumer-driv16 en, comprehensive statewide program of technology-re17 lated assistance, consistent with sections 2(b)(1), 101,

18 and 102(d).

19 ‘‘(b) AMOUNTS OF GRANTS.—The amounts and the

20 priority of the extension grants under this section shall be

21 the same as the amounts and priority of extension grants

22 under section 103(c), except that—

23 ‘‘(1) the amount paid to a State for the fourth

24 year of the grant period shall be 75 percent of the
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1 amount paid to the State for the third year of the

2 grant period;

3 ‘‘(2) the amount paid to a State for the fifth

4 year of the grant period shall be 50 percent of the

5 amount paid to the State for the third year of the

6 grant period; and

7 ‘‘(3) after the fifth year of the grant period, no

8 Federal funds shall be made available to the State

9 under this Act.

10 In providing any increases in State grants above the

11 amounts provided to States in fiscal year 1993, the Sec12 retary shall give priority to the 10 States that have the larg13 est populations, as determined by the 1990 decennial census

14 of the population, and States that are sparsely populated,

15 with a wide geographic spread, where such characteristics

16 have impeded the development of a statewide program.

17 ‘‘(c) APPLICATION.—A State that desires to receive an

18 extension grant under this section shall submit an applica19 tion that contains the information and assurances required

20 under section 103(d), except that the descriptions of the ac21 tivities carried out and the progress made under a develop22 ment grant that are referred to in such section shall relate,

23 in an application under this section, to an extension grant

24 under section 103.’’.
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1 SEC. 105. PROGRESS REPORTS.

2 Section 105 of the Technology-Related Assistance for

3 Individuals With Disabilities Act of 1988 (29 U.S.C. 2214)

4 (as redesignated by section 104) is amended—

5 (1) by striking subsection (a) and inserting the

6 following:

7 ‘‘(a) IN GENERAL.—Each State that receives a grant

8 under this title shall submit to the Secretary annually a

9 report that documents significant progress in developing

10 and implementing a consumer-responsive, consumer-driven,

11 comprehensive statewide program of technology-related as12 sistance, consistent with sections 2(b)(1), 101, and 102(d).

13 The report shall document the following:

14 ‘‘(1) Successful systems change activities to in15 crease funding for, and access to, assistive technology

16 devices and services, including—

17 ‘‘(A) an analysis of laws, regulations, poli18 cies, procedures, and practices that have

19 changed, the program has attempted to change,

20 or that need to be changed to facilitate the acqui21 sition of assistive technology;

22 ‘‘(B) a report on protection and advocacy

23 services provided; and

24 ‘‘(C) other relevant processes or activities.

25 ‘‘(2) The degree of consumer satisfaction and

26 participation, and particularly the satisfaction and
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1 participation of underrepresented populations and

2 rural populations, with the statewide program, based

3 upon mechanisms that have been developed pursuant

4 to section 101(b)(2)(B)(iii).

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

6 agencies in the preparation of the application and the

7 continuing role of each agency in the development

8 and implementation of the statewide program, includ9 ing the identification of the available resources and

10 financial responsibility of each agency for paying for

11 assistive technology devices and services.

12 ‘‘(4) Efforts to train personnel as well as con13 sumers.

14 ‘‘(5) Information collection and dissemination

15 activities relating to systems change activities identi16 fied in paragraph (1).

17 ‘‘(6) Written notices by State and local agencies

18 of policies, procedures, and practices that have been

19 developed or amended in order to inform individuals

20 with disabilities and their family members, guard21 ians, advocates, and authorized representatives of

22 Federal requirements pertaining to assistive tech23 nology devices and services, particularly under parts

24 B and H of the Individuals with Disabilities Edu-
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1 cation Act (20 U.S.C. 1400 et seq.) and title I of the

2 Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).

3 ‘‘(7) Efforts to disseminate information on all

4 major program initiatives to other States by means

5 of electronic communication.

6 ‘‘(8) Efforts to comply with the assurance pro7 vided pursuant to section 102(d)(24).

8 ‘‘(9) Efforts to reduce the service delivery time

9 for receiving assistive technology devices and services.

10 ‘‘(10) Efforts to disseminate information about

11 interagency activities that promote coordination of

12 assistive technology services, including evidence of in13 creased participation of State and local special edu14 cation, vocational rehabilitation, and medical assist15 ance agencies and departments.’’;

16 (2) in subsection (b), by striking ‘‘section 103’’

17 and inserting ‘‘sections 103 and 104’’; and

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

19 ‘‘(c) REPORTS ON PROTECTION AND ADVOCACY SERV20 ICES.—An organization that is awarded a contract to pro21 vide protection and advocacy services pursuant to section

22 101(b)(4) shall make significant progress in providing such

23 services. One year after the date of the enactment of the

24 Technology-Related Assistance for Individuals With Dis25 abilities Amendments of 1993, and each year thereafter, the
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1 organization shall document such progress for the Secretary

2 in each of the following areas:

3 ‘‘(1) Conducting activities that are consumer-re4 sponsive and consumer-driven, including activities

5 that will lead to increased access to funding for

6 assistive technology devices and services.

7 ‘‘(2) Executing legal, administrative, and other

8 appropriate means of representation to implement

9 systems change.

10 ‘‘(3) Developing and implementing strategies de11 signed to enhance the long-term abilities of individ12 uals with disabilities and their family members,

13 guardians, advocates, and authorized representatives

14 to successfully advocate for assistive technology to

15 which the individuals with disabilities are entitled

16 under law.

17 ‘‘(4) Coordination with protection and advocacy

18 services funded through sources other than this Act.

19 ‘‘(d) PUBLIC COMMENT.—

20 ‘‘(1) HEARING.—An organization that is award21 ed a contract to provide protection and advocacy

22 services pursuant to section 101(b)(4) shall, during

23 the period described in paragraph (2), conduct a

24 hearing for public comment from interested persons to

25 ascertain the extent to which the State that awarded
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1 the contract to the organization is making significant

2 progress, under the grant that is effective at the time

3 of the hearing, in developing and implementing a

4 consumer-responsive, consumer-driven, comprehensive

5 statewide program of technology-related assistance.

6 ‘‘(2) DATE OF HEARING.—The hearing required

7 under paragraph (1) shall be conducted within the 6-

8 month period ending on the date of the termination

9 of a grant received under section 103, or within the

10 6-month period ending on the date that is 24 months

11 after the date on which a grant under section 104

12 commenced, whichever is applicable to the State that

13 awarded the contract to the organization.

14 ‘‘(3) REPORT.—An organization referred to in

15 paragraph (1) shall submit to the Secretary a report

16 summarizing the public comments received at a hear17 ing conducted under the paragraph within the 6-

18 month period beginning on the date the hearing is

19 concluded.’’.

20 SEC. 106. ADMINISTRATIVE PROVISIONS.

21 Section 106 of the Technology-Related Assistance for

22 Individuals With Disabilities Act of 1988 (29 U.S.C. 2215)

23 (as redesignated by section 104) is amended—

24 (1) in clause (ii) of subsection (a)(2)(B), by

25 striking ‘‘GS-18 of the General Schedule under section
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1 5332 of title 5,’’ and inserting ‘‘level IV of the Execu2 tive Schedule under section 5315 of title 5,’’;

3 (2) by redesignating subsection (c) as subsection

4 (g);

5 (3) by inserting after subsection (b) the follow6 ing:

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

8 ‘‘(1) MONITORING PANEL.—Once a State becomes

9 subject to a corrective action plan pursuant to sub10 section (b), the Governor of the State, subject to ap11 proval by the Secretary, shall appoint within 30 days

12 a monitoring panel consisting of the following rep13 resentatives:

14 ‘‘(A) The head of the lead agency designated

15 by the Governor.

16 ‘‘(B) 2 representatives from different public

17 or private nonprofit organizations that represent

18 the interests of individuals with disabilities.

19 ‘‘(C) 2 consumers who are users of assistive

20 technology devices and services and who are

21 not—

22 ‘‘(i) members of the advisory council of

23 the program; or

24 ‘‘(ii) employees of the State lead agen25 cy.
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1 ‘‘(D) 2 service providers with knowledge

2 and expertise in assistive technology devices and

3 services.

4 The monitoring panel shall be ethnically diverse and

5 shall choose its own chairperson. The panel shall re6 ceive periodic reports from the State regarding

7 progress in implementing the corrective action plan

8 and shall have the authority to request additional in9 formation necessary to determine compliance. The

10 meetings of the panel to determine compliance shall

11 be open to the public (subject to confidentiality con12 cerns) and held at locations that are accessible to in13 dividuals with disabilities. The panel shall remain

14 active for the entire period of the corrective action

15 plan, as determined by the Secretary. The panel shall

16 be funded by a portion of the funds received by the

17 State under this title, as directed by the Secretary.

18 ‘‘(2) FAILURE TO APPOINT MONITORING

19 PANEL.—A failure by a Governor of a State to com20 ply with the requirements of paragraph (1) shall re21 sult in the complete loss of funding under this title,

22 until redesignation pursuant to the process established

23 in paragraph (4).

24 ‘‘(3) DETERMINATION.—Based on its findings, a

25 monitoring panel may determine that a lead agency
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1 designated by a Governor has not met the purposes es2 tablished in section 2(b)(1) and that there is good

3 cause for redesignation and the temporary loss of

4 funds under this title. In this paragraph, the term

5 ‘good cause’ includes—

6 ‘‘(A) lack of progress with employment of

7 qualified staff;

8 ‘‘(B) lack of consumer-responsive, consumer9 driven activities;

10 ‘‘(C) lack of resource allocation to systems

11 change activities;

12 ‘‘(D) lack of progress with meeting the as13 surances in section 102(d); or

14 ‘‘(E) inadequate fiscal management.

15 If a monitoring panel makes such a determination, it

16 shall recommend to the Secretary that further reme17 dial action be taken or that the Secretary order the

18 Governor to hold an open competition pursuant to

19 paragraph (4). The Secretary, based on the findings

20 and recommendations of the monitoring panel, shall

21 make a final determination with respect to the lead

22 agency designation under this title.

23 ‘‘(4) NEW STATE COMPETITION.—In the event

24 that a State loses funding under this title pursuant

25 to paragraph (2) or (3), the Governor of the State
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1 shall hold an open competition within the State and

2 issue a request for proposals within 30 days for agen3 cy redesignation. Such competition shall be open to

4 State agencies, public and private nonprofit organiza5 tions, consortia of such organizations, or institutions

6 of higher education. The competition shall ensure

7 public involvement, including a public hearing and

8 adequate opportunity for public comment. The Sec9 retary shall have final approval of the agency or or10 ganization designated after such competition.

11 ‘‘(d) REDESIGNATION OF PROTECTION AND ADVOCACY

12 SERVICES.—If the Secretary determines that significant

13 progress has not been achieved by an organization that is

14 awarded a contract to provide protection and advocacy

15 services for a State pursuant to section 101(b)(4), the Sec16 retary shall consult with the Governor of such State in a

17 timely manner. After such consultation, if it is determined

18 that remedial action is not appropriate, the Governor shall

19 hold an open competition within the State and issue a re20 quest for proposals within 30 days for agency redesignation.

21 Such competition shall be open to entities with the same

22 expertise and ability to provide legal services as an organi23 zation referred to in section 101(b)(4). The competition

24 shall ensure public involvement, including a public hearing

25 and adequate opportunity for public comment.
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1 ‘‘(e) ANNUAL REPORT.—

2 ‘‘(1) IN GENERAL.—The Secretary shall publish,

3 by December 31 of each year, an annual report to the

4 President and to the Congress on the activities funded

5 under this Act and other Federal initiatives to im6 prove the access of individuals with disabilities to

7 assistive technology devices and services. The report

8 shall address the following:

9 ‘‘(A) Demonstrated successes at the Federal

10 and State levels in improving interagency co11 ordination, streamlining access to funding, and

12 producing beneficial outcomes for users of

13 assistive technology.

14 ‘‘(B) Demonstrated successes in promoting

15 funding access in existing public programs and

16 establishing new funding options.

17 ‘‘(C) Activities targeted to reach

18 underrepresented populations and rural popu19 lations.

20 ‘‘(D) Consumer involvement activities in the

21 State programs.

22 ‘‘(E) Education and training activities to

23 promote awareness of available funding in public

24 programs.
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1 ‘‘(F) Efforts made to educate and train in2 dividuals with disabilities and their family

3 members, guardians, advocates, and authorized

4 representatives, representatives of public agencies

5 and private entities that have contact with indi6 viduals with disabilities (including insurers),

7 teachers and related services personnel, tech8 nology experts (including engineers), employers,

9 and other appropriate individuals about tech10 nology-related assistance.

11 ‘‘(G) Research activities undertaken to im12 prove the understanding of the cost-benefit ratio

13 resulting from the use of assistive technology for

14 individuals of all ages and with varying disabil15 ities.

16 ‘‘(2) REPORT ON AVAILABILITY.—As soon as

17 practicable, but not later than January 1, 1996, the

18 Secretary shall include in the annual report required

19 by this section a report on the availability of assistive

20 technology devices and services for individuals with

21 disabilities based on the national classification system

22 developed under section 201.

23 ‘‘(f) INTERAGENCY DISABILITY COORDINATING COUN24 CIL.—On or before October 1, 1995, the Interagency Dis25 ability Coordinating Council established under section 507
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1 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) shall

2 prepare and submit to the President and to the Congress

3 a report of—

4 ‘‘(1) the response of the Interagency Disability

5 Coordinating Council to the findings and rec6 ommendations of the National Council on Disability

7 (established under section 400 of the Rehabilitation

8 Act of 1973 (29 U.S.C. 780)) that were included in

9 the Study on the Financing of Assistive Technology

10 Devices and Services for Individuals with Disabilities

11 of the National Council on Disability; and

12 ‘‘(2) activities of the Interagency Disability Co13 ordinating Council that facilitate the accomplishment

14 of section 2(b)(2) with respect to the Federal Govern15 ment.

16 The report shall include any comments submitted by the

17 National Council on Disability to the Interagency Disabil18 ity Coordinating Council that pertain to paragraph (1) or

19 (2).’’; and

20 (4) by amending subsection (g) (as redesignated

21 by paragraph (2)) to read as follows:

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

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

24 to reduce medical or other assistance available or to alter

25 eligibility under any Federal statute.’’.
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1 SEC. 107. INFORMATION AND TECHNICAL ASSISTANCE.

2 The Technology Related Assistance for Individuals

3 With Disabilities Act of 1988 (29 U.S.C. 2201 et seq.) is

4 amended by inserting after section 106 (as redesignated by

5 section 104) the following:

6 ‘‘SEC. 107. INFORMATION AND TECHNICAL ASSISTANCE.

7 ‘‘(a) IN GENERAL.—The Secretary shall provide to

8 States and individuals with disabilities and their family

9 members, guardians, advocates, and authorized representa10 tives information and technical assistance.

11 ‘‘(b) INFORMATION AND TECHNICAL ASSISTANCE TO

12 STATES.—Information and technical assistance provided to

13 the States under subsection (a) shall include—

14 ‘‘(1) providing a clearinghouse for activities that

15 have been developed and implemented by projects

16 funded pursuant to this Act;

17 ‘‘(2) facilitating service delivery capacity build18 ing, training of personnel across disciplines, evalua19 tion strategies, and research and data collection;

20 ‘‘(3) providing information and technical assist21 ance on effective approaches to information referral,

22 interagency coordination on training and service de23 livery, outreach to underrepresented populations and

24 rural populations, and public awareness activities;

25 ‘‘(4) assisting in planning, developing, imple26 menting and evaluating appropriate activities to fur-
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1 ther extend consumer-responsive, consumer-driven,

2 comprehensive statewide programs of technology-relat3 ed assistance for individuals with disabilities;

4 ‘‘(5) providing technical assistance and training

5 to the projects funded pursuant to this title for activi6 ties conducted pursuant to section 101(c)(3); and

7 ‘‘(6) providing any other appropriate informa8 tion and technical assistance to assist the States in

9 accomplishing the purposes of this Act.

10 ‘‘(c) INFORMATION AND TECHNICAL ASSISTANCE TO

11 INDIVIDUALS.—Information and technical assistance pro12 vided to individuals with disabilities and their family

13 members, guardians, advocates, and authorized representa14 tives under subsection (a) shall include—

15 ‘‘(1) disseminating information and providing

16 technical assistance on Federal, State and local laws,

17 regulations, policies, procedures, and practices that

18 facilitate funding for and access to assistive tech19 nology devices and services, to promote independence,

20 productivity, and inclusion in the economic, political,

21 social, cultural, and educational mainstream of

22 American society for individuals of all ages with dis23 abilities;

24 ‘‘(2) identifying, collecting, and disseminating

25 information, and providing technical assistance on ef-
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1 fective systems change activities, advocacy services,

2 and protection and advocacy services;

3 ‘‘(3) collecting, analyzing, and disseminating on

4 a national basis assistive technology funding decisions

5 made as a result of policies, procedures, and prac6 tices, or through regulations, administrative hearings,

7 or legal action that enhance access to funding of

8 assistive technology devices and services for individ9 uals with disabilities;

10 ‘‘(4) promoting State-Federal coordination

11 through information dissemination and technical as12 sistance activities in response to funding policy im13 provements identified by the States that enhance

14 funding for, or access to, assistive technology devices

15 and services for individuals of all ages with disabil16 ities; and

17 ‘‘(5) providing any other appropriate informa18 tion and technical assistance to assist individuals

19 with disabilities and their family members, guard20 ians, advocates, and authorized representatives in ac21 complishing the purposes of this Act.

22 ‘‘(d) GRANTS, CONTRACTS, AND AGREEMENTS.—

23 ‘‘(1) PUBLIC OR PRIVATE AGENCIES.—The Sec24 retary shall provide the information and technical as25 sistance described in this section through grants, con-
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1 tracts, or cooperative agreements with public or pri2 vate agencies and organizations, including institu3 tions of higher education, with documented experi4 ence, expertise, and capacity to accomplish identified

5 activities.

6 ‘‘(2) NUMBER.—The Secretary shall provide the

7 information and technical assistance described in this

8 section through one or two grants, contracts, or coop9 erative agreements. An agency or organization that is

10 a party to such a grant, contract, or agreement may

11 contract with other public or private agencies or orga12 nizations for the purposes of providing the informa13 tion and technical assistance described in this sec14 tion.’’.

15 SEC. 108. FUNDING.

16 Section 108 of the Technology-Related Assistance for

17 Individuals With Disabilities Act of 1988 (29 U.S.C. 2216)

18 (as redesignated by section 104) is amended to read as fol19 lows:

20 ‘‘SEC. 108. FUNDING.

21 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

22 ‘‘(1) IN GENERAL.—There are authorized to be

23 appropriated to carry out this title $50,000,000 for

24 fiscal year 1994, and such sums as may be necessary

25 for each of the fiscal years 1995 through 2002.
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1 ‘‘(2) RESERVATION.—The Secretary shall reserve

2 2 percent of funds appropriated in any fiscal year

3 under paragraph (1), or $1,500,000, whichever is

4 greater, for the purpose of providing to States and in5 dividuals with disabilities and their family members,

6 guardians, advocates, and authorized representatives

7 information and technical assistance under section

8 107.

9 ‘‘(b) ADMINISTRATION.—From funds appropriated for

10 salaries and expenses with respect to the Department of

11 Education for each fiscal year beginning after October 1,

12 1993, the Secretary—

13 ‘‘(1) shall expend such amounts as may be nec14 essary to ensure that 4 full-time employees are added

15 to the number of employees serving on September 30,

16 1993, in the Office of Special Education and Reha17 bilitative Services of the Department of Education;

18 and

19 ‘‘(2) shall assign such additional employees to

20 the National Institute on Disability and Rehabilita21 tion Research to be engaged in the full-time adminis22 tration of this Act.’’.
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1 TITLE II—PROGRAMS OF

2 NATIONAL SIGNIFICANCE

3 SEC. 201. PROGRAMS AUTHORIZED.

4 The Technology-Related Assistance for Individuals

5 With Disabilities Act of 1988 (29 U.S.C. 2201 et seq.) is

6 amended by striking title II and inserting the following:

7 ‘‘TITLE II—PROGRAMS OF

8 NATIONAL SIGNIFICANCE

9 ‘‘PART A—NATIONAL CLASSIFICATION SYSTEM

10 ‘‘SEC. 201. NATIONAL CLASSIFICATION SYSTEM.

11 ‘‘(a) IN GENERAL.—The Secretary—

12 ‘‘(1) shall collect the uniform data described in

13 subsection (c) across the publicly funded programs de14 scribed in subsection (d) through the use of a single

15 taxonomy and a uniform data collection instrument;

16 and

17 ‘‘(2) shall develop, in consultation with the In18 ternal Revenue Service, procedures for determining

19 whether devices and services are assistive technology

20 devices or services within the meaning of paragraph

21 (2) or (3) of section 3.

22 ‘‘(b) SINGLE TAXONOMY.—

23 ‘‘(1) IN GENERAL.—The Secretary, in consulta24 tion with the technical assistance contractees de25 scribed in section 107(d), the States receiving funds
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1 under title I, organizations that have worked in the

2 information and referral field in the past, and

3 assistive technology reimbursement specialists, shall

4 adopt a single taxonomy for assistive technology de5 vices and services.

6 ‘‘(2) DEADLINES.—(A) The Secretary may carry

7 out this subsection through a contract or grant if the

8 contract or grant is made within the 6-month period

9 beginning on the date of the enactment of the Tech10 nology-Related Assistance for Individuals With Dis11 abilities Amendments of 1993. If the Secretary carries

12 out this subsection through contract or grant, the con13 tract or grant shall be for a period of not more than

14 2 years.

15 ‘‘(B) If the Secretary does not carry out this sub16 section through contract or grant, the Secretary shall

17 adopt the taxonomy described in paragraph (1) with18 in the 2-year period beginning on the date of the en19 actment of the Technology-Related Assistance for In20 dividuals With Disabilities Amendments of 1993.

21 ‘‘(c) UNIFORM DATA.—The uniform data referred to

22 in subsection (a) shall include the following:

23 ‘‘(1) Expenditures for the different types of

24 assistive technology devices and services.

25 ‘‘(2) Type of disability of the individual.
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1 ‘‘(3) Type of functional needs of the individual

2 with a disability.

3 ‘‘(4) Type of device.

4 ‘‘(5) Type of service.

5 ‘‘(6) Type of provider.

6 ‘‘(7) Age of the individual.

7 ‘‘(8) Gender of the individual.

8 ‘‘(9) Ethnicity of the individual.

9 ‘‘(10) Geographic residence of the individual.

10 ‘‘(11) Funding source.

11 ‘‘(d) PUBLICLY FUNDED PROGRAMS.—The publicly

12 funded programs referred to in subsection (a) shall in13 clude—

14 ‘‘(1) titles I, VI, and VII of the Rehabilitation

15 Act of 1973 (29 U.S.C. 701 et seq.);

16 ‘‘(2) parts H and B of the Individuals with Dis17 abilities Education Act (20 U.S.C. 1400 et seq.);

18 ‘‘(3) titles V and XIX of the Social Security Act

19 (42 U.S.C. 301 et seq.);

20 ‘‘(4) programs funded under the Older Ameri21 cans Act of 1965 (42 U.S.C. 3001 et seq.); and

22 ‘‘(5) programs funded under the Developmental

23 Disabilities and Bill of Rights Act (42 U.S.C. 6000

24 et seq.).
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1 ‘‘PART B—TRAINING AND DEMONSTRATION

2 PROJECTS

3 ‘‘SEC. 211. TRAINING GRANTS.

4 ‘‘(a) TECHNOLOGY TRAINING.—

5 ‘‘(1) GENERAL AUTHORITY.—The Secretary shall

6 enter into contracts or cooperative agreements with

7 appropriate public or private agencies and organiza8 tions, including institutions of higher education, for

9 the purposes of—

10 ‘‘(A) conducting training sessions; and

11 ‘‘(B) developing, demonstrating, disseminat12 ing, and evaluating curricula, materials, and

13 methods used to train individuals regarding the

14 provision of technology-related assistance.

15 ‘‘(2) ELIGIBLE ACTIVITIES.—Activities conducted

16 under contracts or cooperative agreements entered

17 into under paragraph (1) may address the training

18 needs of individuals with disabilities and their family

19 members, guardians, advocates, and authorized rep20 resentatives, representatives of public agencies and

21 private entities that have contact with individuals

22 with disabilities (including insurers), teachers and re23 lated services personnel, technology experts (including

24 engineers), employers, and other appropriate individ25 uals.

26 ‘‘(b) TECHNOLOGY CAREERS.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall make

2 grants to assist institutions of higher education to

3 prepare students and faculty working in specific

4 fields for careers relating to the provision of assistive

5 technology devices and services. The specific fields in6 clude—

7 ‘‘(A) engineering;

8 ‘‘(B) industrial technology;

9 ‘‘(C) computer science;

10 ‘‘(D) communication disorders;

11 ‘‘(E) special education;

12 ‘‘(F) rehabilitation; and

13 ‘‘(G) social work.

14 ‘‘(2) PRIORITY.—In awarding grants under

15 paragraph (1), the Secretary shall give priority to the

16 preparation of personnel who will provide technical

17 assistance, administer programs, or prepare personnel

18 necessary to support the development and implemen19 tation of consumer-responsive, consumer-driven, com20 prehensive statewide programs of technology-related

21 assistance for individuals with disabilities.

22 ‘‘(3) USES OF FUNDS.—Amounts made available

23 for grants under paragraph (1) may be used by insti24 tutions of higher education to assist in covering the

25 cost of courses of training or study for such personnel
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1 and for establishing and maintaining fellowships or

2 traineeships with such stipends and allowances as

3 may be determined by the Secretary.

4 ‘‘(c) GRANTS TO HISTORICALLY BLACK COLLEGES.—

5 In exercising the authority granted in subsections (a) and

6 (b), the Secretary shall reserve an adequate amount for

7 grants to historically black colleges and universities and

8 other institutions of higher education whose minority stu9 dent enrollment is at least 50 percent.

10 ‘‘SEC. 212. TECHNOLOGY TRANSFER.

11 ‘‘The Secretary shall provide funds to an organization

12 whose primary function is to promote technology transfer

13 from, and cooperation among, Federal laboratories (as de14 fined in section 4(6) of the Stevenson-Wydler Technology

15 Innovation Act of 1980 (15 U.S.C. 3701 et seq.)). Such

16 funds shall be used to promote technology transfer that will

17 spur the development of assistive technology devices.

18 ‘‘SEC. 213. DEVICE AND EQUIPMENT REDISTRIBUTION IN19 FORMATION SYSTEMS AND RECYCLING CEN20 TERS.

21 ‘‘(a) IN GENERAL.—The Secretary shall make grants

22 to, or enter into contracts or cooperative agreements with,

23 public agencies, private entities, or institutions of higher

24 education for the purpose of developing and establishing re25 cycling projects.
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1 ‘‘(b) ELIGIBLE ACTIVITIES.—Eligible recycling activi2 ties may include—

3 ‘‘(1) a system for accepting, on an unconditional

4 gift basis, assistive technology devices, including a

5 process for valuing the devices and evaluating their

6 use and potential;

7 ‘‘(2) a system for storing and caring for such de8 vices;

9 ‘‘(3) an information system (including computer

10 databases) by which local educational agencies, reha11 bilitation entities, local community-based organiza12 tions, independent living centers and other entities,

13 would be informed, on a periodic and timely basis,

14 about the availability and nature of the devices cur15 rently held; and

16 ‘‘(4) a system for making such devices available

17 to consumers and those entities listed in paragraph

18 (3), provided that such system include provision for

19 tracking each device throughout its useful life.

20 ‘‘(c) MULTIPLE PROVIDERS.—With respect to activi21 ties funded under this section, an agency, entity, or institu22 tion may utilize a single authority or may establish a sys23 tem of service providers. If an agency, entity, or institution

24 uses multiple providers, the agency, entity, or institution

25 shall assure that—
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1 ‘‘(1) all consumers within a State receive equal

2 access to services, regardless of the geographic location

3 or socioeconomic status of the consumers; and

4 ‘‘(2) all activities of the providers are coordi5 nated and monitored by the agency, entity, or institu6 tion.

7 ‘‘(d) OTHER LAWS.—Nothing in this section shall af8 fect the provision of services or devices pursuant to title I

9 of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)

10 or part B of the Individuals With Disabilities Education

11 Act (20 U.S.C 1411 et seq.).

12 ‘‘(e) EXISTING PROGRAMS.—Public agencies, private

13 entities, or institutions of higher education that have al14 ready established recycling programs may extend and

15 strengthen such programs through grants, contracts, or

16 agreements under this section.

17 ‘‘SEC. 214. BUSINESS OPPORTUNITIES FOR INDIVIDUALS

18 WITH DISABILITIES.

19 ‘‘The Secretary may make grants to individuals with

20 disabilities to enable them to establish or operate commer21 cial or other enterprises which develop or market assistive

22 technology devices or services.

23 ‘‘SEC. 215. PRODUCTS OF UNIVERSAL DESIGN.

24 ‘‘The Secretary may make grants to commercial or

25 other enterprises and institutions of higher education for
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1 the research and development of products of universal de2 sign. Preference shall be given to those enterprises which

3 are owned or operated by individuals with disabilities.

4 ‘‘SEC. 216. GOVERNING STANDARDS FOR PART B PROJECTS.

5 ‘‘Projects operated pursuant to this part shall—

6 ‘‘(1) be held to the same consumer-responsive,

7 consumer-driven standards as the program under title

8 I;

9 ‘‘(2) make available to individuals with disabil10 ities and their family members, guardians, advocates,

11 and authorized representatives information concern12 ing technology-related assistance in a form that will

13 allow such individuals with disabilities to effectively

14 use such information;

15 ‘‘(3) in preparing such information for dissemi16 nation, consider the media-related needs of individ17 uals with disabilities who have sensory and cognitive

18 limitations and consider the use of auditory mate19 rials, including audio cassettes, visual materials, in20 cluding video cassettes and video discs, and braille

21 materials; and

22 ‘‘(4) coordinate their efforts with the consumer23 responsive, consumer-driven, comprehensive statewide

24 program of technology-related assistance for individ-
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1 uals with disabilities in the State or States in which

2 the projects operate.

3 ‘‘PART C—AUTHORIZATION OF APPROPRIATIONS

4 ‘‘SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘(a) IN GENERAL.—There are authorized to be appro6 priated to carry out this title $10,000,000 for fiscal year

7 1994, and such sums as may be necessary for each of the

8 fiscal years 1995 through 1998.

9 ‘‘(b) RESERVATION.—Of the amounts appropriated

10 under subsection (a), the Secretary shall reserve $200,000

11 in each of the fiscal years 1994 and 1995 for the purpose

12 of adopting the taxonomy under section 201.’’.

13 TITLE III—ALTERNATIVE

14 FINANCING MECHANISMS

15 SEC. 301. ALTERNATIVE FINANCING MECHANISMS AUTHOR16 IZED.

17 The Technology-Related Assistance for Individuals

18 With Disabilities Act of 1988 (29 U.S.C. 2201 et seq.) is

19 amended by adding at the end the following:

20 ‘‘TITLE III—ALTERNATIVE

21 FINANCING MECHANISMS

22 ‘‘SEC. 301. GENERAL AUTHORITY TO PROVIDE ALTER23 NATIVE FINANCING MECHANISMS.

24 ‘‘(a) IN GENERAL.—The Secretary shall award grants

25 to States to provide a Federal share for the establishment
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1 of, or the expansion of, alternative financing mechanisms

2 to allow individuals with disabilities and their family

3 members, guardians, and authorized representatives to pur4 chase assistive technology devices and services. Grants

5 under this section may be used to provide up to one-half

6 of the costs of providing and administering such alternative

7 financing mechanisms. The mechanisms may include—

8 ‘‘(1) a low-interest loan fund;

9 ‘‘(2) a revolving fund;

10 ‘‘(3) a loan insurance program;

11 ‘‘(4) a partnership with private entities for the

12 purchase, lease, or other acquisition of assistive tech13 nology devices or the provision of assistive technology

14 services; and

15 ‘‘(5) other alternative financing mechanisms that

16 meet the requirements of this Act and are approved

17 by the Secretary.

18 ‘‘(b) CONSTRUCTION OF TITLE I.—Nothing in this sec19 tion shall be construed as affecting the authority of a State

20 to establish alternative financing mechanisms under title

21 I.

22 ‘‘SEC. 302. APPLICATIONS AND PROCEDURES.

23 ‘‘States that receive or have received grants under sec24 tion 102, 103, or 104 shall be eligible to compete for grants

25 under this title. The Secretary shall make grants under this
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1 title under such conditions as the Secretary shall, by regula2 tion, determine, except that—

3 ‘‘(1) a State may receive only one grant under

4 this title;

5 ‘‘(2) a State that desires to receive a grant under

6 this title shall submit an application that contains—

7 ‘‘(A) an assurance that the State will pro8 vide an amount not less than the amount paid

9 to the State by the Secretary under this title, as

10 set forth under section 304, for the purpose of

11 supporting the alternative financing mechanisms

12 that are covered by the grant;

13 ‘‘(B) an assurance that an alternative fi14 nancing mechanism shall continue on a perma15 nent basis; and

16 ‘‘(C) a description of the degree to which the

17 alternative financing mechanisms to be funded

18 under this title will expand and emphasize

19 consumer choice and control;

20 ‘‘(3) a State that receives a grant under this

21 title—

22 ‘‘(A) shall contract with a community-based

23 organization (or a consortia of such organiza24 tions) that has individuals with disabilities in25 volved at all organizational levels for the admin-
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1 istration of the alternative financing mecha2 nisms that are supported by this title; and

3 ‘‘(B) shall require that such community4 based organization contract, for the purpose of

5 expanding opportunities under this title and fa6 cilitating the administration of the alternative

7 financing mechanisms, with—

8 ‘‘(i) commercial lending institutions or

9 organizations; or

10 ‘‘(ii) State financing agencies; and

11 ‘‘(4) a contract between a State that receives a

12 grant under this title and a community-based organi13 zation described in paragraph (3)—

14 ‘‘(A) shall include the administration of

15 both the Federal and non-Federal matching

16 share in a manner consistent with the provisions

17 of this title; and

18 ‘‘(B) shall include any provision required

19 by the Secretary dealing with oversight and eval20 uation as may be necessary to protect the finan21 cial interests of the United States.

22 ‘‘SEC. 303. GRANT ADMINISTRATION REQUIREMENTS.

23 ‘‘A State that receives a grant under this title, together

24 with any community-based organization that contracts to

25 administer an alternative financing mechanism that is sup-
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1 ported by this title, shall develop and submit to the Sec2 retary, pursuant to a timeline that the Secretary may es3 tablish or, if the Secretary does not establish a timeline,

4 within the 12-month period beginning on the date that the

5 State receives the grant, the following policies or procedures

6 for administration of the mechanism:

7 ‘‘(1) A procedure to review and process in a

8 timely fashion requests for financial assistance for

9 both immediate and potential technology needs, in10 cluding consideration of methods to reduce paperwork

11 and duplication of effort, particularly relating to

12 need, eligibility and determination of the specific de13 vice or service to be provided.

14 ‘‘(2) A policy and procedure to assure that access

15 to the alternative funding mechanism shall be given

16 to consumers regardless of type of disability, age, lo17 cation of residence in the State, or type of assitive

18 technology device or service requested and shall be

19 made available to applicants of all income levels.

20 ‘‘(3) A procedure to assure consumer-controlled

21 oversight.

22 ‘‘SEC. 304. FINANCIAL REQUIREMENTS.

23 ‘‘A State that desires to receive a grant under this title

24 shall submit an application that contains assurances that
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1 funds supporting an alternative financing mechanism

2 under this title shall meet the following requirements:

3 ‘‘(1) Funds provided by the State to match the

4 Federal share for the mechanism—

5 ‘‘(A) shall be from either State, local, or

6 private sources;

7 ‘‘(B) shall be of an amount at least equal to

8 the Federal funds provided under a grant under

9 this title; and

10 ‘‘(C) shall not be taken from, or obtained by

11 the reduction of any services in, any program

12 providing similar services to individuals with

13 disabilities which is in operation on the date of

14 the submission of the application.

15 ‘‘(2) Funds that support an alternative financ16 ing mechanism under this title—

17 ‘‘(A) shall be used to supplement and not

18 supplant existing public funding options; and

19 ‘‘(B) may only be distributed as a payer of

20 last resort for assistance that is not available in

21 a reasonable or timely fashion from any other

22 Federal, State, or local source.

23 ‘‘(3) All funds that support an alternative fi24 nancing mechanism funded under this title, including

25 funds repaid during the life of the mechanism, shall
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1 be placed in a permanent separate account and iden2 tified and accounted for separately from any other

3 fund. Funds within this account may be invested in

4 low-risk securities in which a regulated insurance

5 company may invest under the law of the State for

6 which the grant is provided and shall be administered

7 with the same judgment and care that a person of

8 prudence, discretion, and intelligence would exercise

9 in the management of the financial affairs of such

10 person.

11 ‘‘(4) The principal and interest from an account

12 described in paragraph (3) shall be available to sup13 port an alternative financing mechanism supported

14 under this title. Any interest or investment income

15 that accrues on any funds covered under this para16 graph after such funds have been placed under the

17 control of the entity administering the mechanism,

18 but before such funds are distributed for purposes of

19 supporting the mechanism, shall be the property of

20 the entity administering the mechanism and shall not

21 be taken into account by any officer or employee of

22 the Federal Government for any purpose.
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1 ‘‘SEC. 305. AMOUNT OF GRANTS.

2 ‘‘(a) IN GENERAL.—A grant under this title shall be

3 for an amount that is not more than $500,000 increased

4 by any amount made available under subsection (b).

5 ‘‘(b) EXCESS FUNDS.—If funds appropriated under

6 section 308 for a fiscal year are in excess of the amount

7 necessary to fund acceptable applications for such year, the

8 Secretary shall make such excess amount available to States

9 receiving grants under this title in such year on a competi10 tive basis. A State that desires to receive additional funds

11 under this subsection shall amend and resubmit to the Sec12 retary the application submitted under section 302. Such

13 amended application shall contain an assurance that the

14 State will provide an additional amount for the purpose

15 of supporting the alternative financing mechanisms covered

16 by the grant that is not less than any additional amount

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 acceptable applications for such year, a State

21 whose application was approved as acceptable for such year

22 but that did not receive a grant under this title may update

23 such application for the succeeding fiscal year. Priority

24 shall be given in such succeeding fiscal year to such updated

25 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 The information and technical assistance shall include—

5 ‘‘(1) assisting States in the preparation of appli6 cations for grants under this title;

7 ‘‘(2) assisting States that receive such grants in

8 developing and implementing alternative financing

9 mechanisms; and

10 ‘‘(3) providing any other information and tech11 nical assistance to assist States in accomplishing the

12 purposes of this title.

13 ‘‘(b) GRANTS, CONTRACTS, AND AGREEMENTS.—The

14 Secretary shall provide the information and technical as15 sistance described in subsection (a) through grants, con16 tracts, or cooperative agreements with public or private

17 agencies and organizations, including institutions of higher

18 education, with documented experience, expertise, and ca19 pacity to assist States in the development and implementa20 tion of the alternative financing mechanisms described in

21 section 301.

22 ‘‘SEC. 307. ANNUAL REPORT.

23 ‘‘Not later than December 31 of each year, the Sec24 retary shall submit a report to the Congress stating whether

25 each State program to provide alternative financing mecha26 nisms that was supported by this title during the year is
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1 making significant progress in achieving the objectives of

2 this title. The report shall include—

3 ‘‘(1) the number of applications for a grant

4 under this title that were received by the Secretary;

5 ‘‘(2) the number of grants made and the amounts

6 of such grants;

7 ‘‘(3) the ratio of the amount of funds provided

8 by each State for a State program to provide alter9 native financing mechanisms to the amount of Fed10 eral funds provided for such program;

11 ‘‘(4) the type of program to provide alternative

12 financing mechanisms that was adopted in each State

13 and the community-based organization (or consortia

14 of such organizations) with whom each State has con15 tracted; and

16 ‘‘(5) the amount of assistance given to consumers

17 (who shall be classified by age, type of disability, type

18 of assistive technology device or service received, geo19 graphic distribution within the State, gender, and

20 whether they are part of an underrepresented popu21 lation or a rural population).

22 ‘‘SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘(a) IN GENERAL.—There are authorized to be appro24 priated to carry out this title $8,000,000 for fiscal year
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1 1994, and such sums as may be necessary for each of the

2 fiscal years 1995 through 2002.

3 ‘‘(b) AVAILABILITY IN SUCCEEDING FISCAL YEAR.—

4 Amounts appropriated under subsection (a) shall remain

5 available for expenditure in the fiscal year immediately fol6 lowing the fiscal year for which such amounts were appro7 priated.

8 ‘‘(c) RESERVATION.—Of the amounts appropriated

9 under subsection (a), the Secretary shall reserve $250,000

10 for the purpose of providing information and technical as11 sistance to States under section 306.’’.

12 TITLE IV—AMENDMENTS TO

13 OTHER ACTS

14 SEC. 401. INDIVIDUALS WITH DISABILITIES EDUCATION

15 ACT.

16 Section 631(a)(1) of the Individuals with Disabilities

17 Education Act (20 U.S.C. 1431(a)(1)) is amended—

18 (1) by striking ‘‘, and’’ at the end of subpara19 graph (D) and inserting a comma;

20 (2) by striking the period at the end of subpara21 graph (E) and inserting ‘‘, and’’; and

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

23 ‘‘(F) training in the use, applications, and bene24 fits of assistive technology devices and services (as de25 fined in paragraphs (2) and (3) of section 3 of the
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1 Technology-Related Assistance for Individuals With

2 Disabilities Act of 1988 (29 U.S.C. 2201 et seq.)).’’.

3 SEC. 402. REHABILITATION ACT OF 1973.

4 (a) NATIONAL INSTITUTE ON DISABILITY AND REHA5 BILITATION RESEARCH.—Section 202(b)(8) of the Rehabili6 tation Act of 1973 (29 U.S.C. 761a(b)(8)) is amended by

7 striking ‘‘characteristics of individuals with disabilities’’

8 and inserting ‘‘characteristics of individuals with disabil9 ities, including information on individuals with disabilities

10 who live in rural or inner-city settings, with particular at11 tention given to underserved populations,’’.

12 (b) TRAINING.—Section 302(b)(1)(B) of the Rehabili13 tation Act of 1973 (29 U.S.C. 771a(b)(1)(B)), as added by

14 section 302(b) of Public Law 102-569 (106 Stat. 4412), is

15 amended—

16 (1) by striking ‘‘; and’’ at the end of clause (ii)

17 and inserting a semicolon;

18 (2) by striking the period at the end of clause

19 (iii) and inserting ‘‘; and’’; and

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

21 ‘‘(iv) projects to train personnel in the use,

22 applications, and benefits of assistive technology

23 devices and services (as defined in sections 3(2)

24 and 3(3) of the Technology-Related Assistance for
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1 Individuals With Disabilities Act of 1988 (29

2 U.S.C. 2201 et seq.)).’’.

3 SEC. 403. TECHNICAL AND CONFORMING AMENDMENTS.

4 (a) ASSISTIVE TECHNOLOGY DEVICE.—Section 7(23)

5 of the Rehabilitation Act of 1973 (29 U.S.C. 706(23)), as

6 added by section 102(n) of Public Law 102-569 (106 Stat.

7 4350), is amended by striking ‘‘3(1)’’ and inserting ‘‘3(2)’’.

8 (b) ASSISTIVE TECHNOLOGY SERVICE.—Section 7(24)

9 of the Rehabilitation Act of 1973 (29 U.S.C. 706(24)), as

10 added by section 102(n) of Public Law 102-569 (106 Stat.

11 4350), is amended by striking ‘‘3(2)’’ and inserting ‘‘3(3)’’.

12 TITLE V—EFFECTIVE DATE

13 SEC. 501. EFFECTIVE DATE.

14 This Act and the amendments made by this Act shall

15 take effect on October 1, 1993, or on the date of the enact16 ment of this Act, whichever occurs later.

Amend the title so as to read: ‘‘A bill to revise and

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

for other purposes.’’.

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