103D CONGRESS

1ST SESSION H. R. 2339

AN ACT

To revise and extend the programs of the TechDisabilities Act of 1988, and for other purposes. nology-Related Assistance for Individuals With
103D CONGRESS

1ST SESSION H. R. 2339

AN ACT

To revise and extend the programs of the Technology-Related

Assistance for Individuals With Disabilities Act of 1988,

and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Technology-Related Assistance for Individuals With Dis6 abilities Amendments of 1993’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 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.

3 SEC. 2. FINDINGS AND PURPOSES.

4 (a) FINDINGS.—Section 2(a) of the Technology-Re5 lated Assistance for Individuals With Disabilities Act of

6 1988 (29 U.S.C. 2201(a)) is amended to read as follows:

7 ‘‘(a) FINDINGS.—The Congress finds as follows:

8 ‘‘(1) Disability is a natural part of the human

9 experience and in no way diminishes the right of in10 dividuals—

11 ‘‘(A) to live independently;
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1 ‘‘(B) to enjoy self-determination;

2 ‘‘(C) to make choices;

3 ‘‘(D) to contribute to society;

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

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

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

7 educational mainstream of American society.

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

9 major advances in modern technology. Technology is

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

11 the United States. Technology can provide important

12 tools for making the performance of tasks quicker

13 and easier. For some individuals with disabilities,

14 assistive technology is a necessity that enables them

15 to engage in or perform many tasks.

16 ‘‘(3) The provision of assistive technology de17 vices and services enables some individuals with dis18 abilities—

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

20 lives;

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

22 fully to activities in their home, school, and

23 work environments, and in their communities;

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

25 nondisabled individuals; and
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1 ‘‘(D) to otherwise benefit from opportuni2 ties that are taken for granted by individuals

3 who do not have disabilities.

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

5 development of assistive technology devices, includ6 ing adaptations to existing equipment, which signifi7 cantly benefit individuals of all ages with disabilities.

8 Such devices have increased the involvement of indi9 viduals with disabilities in programs and activities

10 such as early intervention, education, rehabilitation

11 and training, employment, residential living, inde12 pendent living, recreation, and other aspects of daily

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

14 development of assistive technology devices.

15 ‘‘(5) Many individuals with disabilities cannot

16 access existing telecommunications and information

17 technologies and are at risk of not being able to ac18 cess developing technologies. The inadvertent failure

19 of Federal and State governments, hardware manu20 facturers, software designers, information systems

21 managers, and telecommunications service providers

22 to account for the specific needs of individuals with

23 disabilities not only results in the exclusion of such

24 individuals from the use of telecommunications and

25 information technologies, but also results in unneces-
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1 sary costs associated with the retrofitting of devices

2 and product systems.

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

4 services by individuals with disabilities increases

5 such individuals’ ability to be independent, which re6 duces expenditures associated with early interven7 tion, education, rehabilitation, health care, transpor8 tation, telecommunication services, and other serv9 ices required by such individuals.

10 ‘‘(7) A majority of States have technology-relat11 ed assistance programs. In spite of the efforts made

12 by such programs to provide comprehensive, state13 wide services, there remains a need for—

14 ‘‘(A) resources to pay for assistive tech15 nology devices and services;

16 ‘‘(B) trained personnel to assist individuals

17 with disabilities to use such devices and serv18 ices;

19 ‘‘(C) information about the availability and

20 potential of technology for individuals with dis21 abilities and their family members, guardians,

22 advocates, and authorized representatives, rep23 resentatives of public agencies and private enti24 ties that have contact with individuals with dis25 abilities (including insurers), teachers and relat-
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1 ed services personnel, technology experts (in2 cluding engineers), employers, and other appro3 priate individuals;

4 ‘‘(D) aggressive outreach to under5 represented populations and rural populations;

6 ‘‘(E) coordination among State human

7 services programs, and among such programs

8 and private entities, particularly with respect to

9 transitions between such programs and entities;

10 and

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

12 the necessary technology-related assistance.

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

14 commercial pursuit of the application of technology

15 devices to meet the needs of individuals with disabil16 ities, because of limited markets.

17 ‘‘(9) At the Federal level, there is a lack of co18 ordination among agencies that provide or pay for

19 the provision of assistive technology devices and

20 services. In addition, the Federal Government does

21 not provide adequate assistance and information

22 with respect to the use of assistive technology de23 vices and services to individuals with disabilities and

24 their family members, guardians, advocates, and au25 thorized representatives, representatives of public
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1 agencies and private entities that have contact with

2 individuals with disabilities (including insurers),

3 teachers and related services personnel, technology

4 experts (including engineers), employers, and other

5 appropriate individuals.’’.

6 (b) PURPOSES.—Section 2(b) of the Technology-Re7 lated Assistance for Individuals With Disabilities Act of

8 1988 (29 U.S.C. 2201(b)) is amended to read as follows:

9 ‘‘(b) PURPOSES.—The purposes of this Act are as fol10 lows:

11 ‘‘(1) To provide financial assistance to the

12 States to develop and implement a consumer-respon13 sive, consumer-driven, comprehensive statewide pro14 gram of technology-related assistance for individuals

15 of all ages with disabilities that is designed to create

16 systemic change and foster advocacy by—

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

18 for, and access to, assistive technology devices

19 and services for individuals with disabilities;

20 ‘‘(B) increasing the active involvement of

21 individuals with disabilities and their family

22 members, guardians, advocates, and authorized

23 representatives in the planning, development,

24 implementation, and evaluation of technology25 related assistance programs;
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1 ‘‘(C) increasing the involvement of individ2 uals with disabilities and their family members,

3 guardians, advocates, and authorized represent4 atives in specific agency decisions related to the

5 provision of assistive technology devices and

6 services to individuals with disabilities;

7 ‘‘(D) increasing and promoting coordina8 tion among State agencies and between State

9 agencies and private entities that provide tech10 nology-related assistance, particularly assistive

11 technology devices and services;

12 ‘‘(E) increasing the awareness of laws, reg13 ulations, policies, procedures, and practices that

14 facilitate the availability or provision of

15 assistive technology devices and services and by

16 promoting the change of laws, regulations, poli17 cies, procedures, and practices that impede the

18 availability or provision of assistive technology

19 devices and services;

20 ‘‘(F) increasing the probability that indi21 viduals of all ages with disabilities will, to the

22 extent appropriate, be able to secure and main23 tain assistive technology devices as such individ24 uals make the transition between services of-
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1 fered by human service agencies or between set2 tings of daily living;

3 ‘‘(G) increasing the competence of person4 nel who provide technology-related assistance,

5 including assistive technology devices and serv6 ices;

7 ‘‘(H) increasing awareness and knowledge

8 of the efficacy of assistive technology devices

9 and services among individuals with disabilities

10 and their family members, guardians, advo11 cates, and authorized representatives, rep12 resentatives of public agencies and private enti13 ties that have contact with individuals with dis14 abilities (including insurers), teachers and relat15 ed services personnel, technology experts (in16 cluding engineers), employers, and other appro17 priate individuals;

18 ‘‘(I) increasing the capacity of public agen19 cies and private entities to provide and pay for

20 technology-related assistance on a statewide

21 basis, particularly assistive technology devices

22 and services, for individuals of all ages with dis23 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 partici5 pation 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

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

15 2202) is amended—

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

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

18 (7), (9), (11), (12), (14), and (15), respectively;

19 (2) by inserting before paragraph (2) (as redes20 ignated by paragraph (1)) the following:

21 ‘‘(1) ADVOCACY SERVICES.—The term ‘advo22 cacy services’ means assistance to individuals with

23 disabilities and their family members, guardians, ad24 vocates, and authorized representatives in accessing

25 assistive technology devices and services to which in-
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1 dividuals with disabilities are entitled under law.

2 Such term 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

13 individual; 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 under20 represented populations and rural populations, who

21 can benefit from the use of assistive technology de22 vices and services regardless of age, type of disabil23 ity, gender, race, or ethnicity.

24 ‘‘(5) CONSUMER-DRIVEN.—The term

25 ‘consumer-driven’, when used with reference to a
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1 program, means a statewide program that includes

2 individuals with disabilities and their family mem3 bers, guardians, advocates, and authorized rep4 resentatives, including underrepresented populations

5 and rural populations, in the development, imple6 mentation, and 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

19 term ‘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 insert6 ing ‘‘section 481(a)’’;

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

9 ‘‘(10) PROTECTION AND ADVOCACY SERV10 ICES.—The term ‘protection and advocacy services’

11 means 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 Pro15 tection and Advocacy for Mentally Ill Individ16 uals Act (42 U.S.C. 10801 et seq.), or section

17 509 of the Rehabilitation Act of 1973 (29

18 U.S.C. 794e); and

19 ‘‘(B) assist individuals with disabilities and

20 their family members, guardians, advocates,

21 and 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 re4 designated by paragraph (1)) the following:

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

6 term ‘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

15 devices 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.—

22 The term ‘underrepresented populations’ includes

23 populations such as minorities, the poor, and the

24 limited 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

4 Technology-Related Assistance for Individuals With Dis5 abilities Act of 1988 (29 U.S.C. 2211(a)) is amended by

6 striking ‘‘to develop and implement consumer-responsive’’

7 and inserting ‘‘in developing and implementing consumer8 responsive, 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

12 read as follows:

13 ‘‘(b) REQUIRED ACTIVITIES.—Any State that re14 ceives a grant under this title shall accomplish the pur15 poses described in section 2(b)(1) by carrying out the fol16 lowing activities:

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 monitor4 ing State and local policies, procedures, and

5 practices that relate to such funds;

6 ‘‘(B) establishing an interagency coordinat7 ing committee to enhance public funding op8 tions and coordinate access to funding for

9 assistive technology devices and services for in10 dividuals of all ages with disabilities, with spe11 cial attention to the issues of transition from

12 school to work, home use, and individual in13 volvement in the identification, planning, use,

14 delivery, and evaluation of such devices and

15 services; and

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

17 and technical assistance to ensure that the

18 needs of an individual for assistive technology

19 devices and services are considered and included

20 as part of an individualized education program

21 required under section 614(a)(5) of the Individ22 uals with Disabilities Education Act (20 U.S.C.

23 1414(a)(5)), an individualized family service

24 plan developed pursuant to section 677(d) of

25 such Act (20 U.S.C. 1477(d)), an individualized
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1 written rehabilitation program required under

2 section 102(b) of the Rehabilitation Act of 1973

3 (29 U.S.C. 722(b)), and other individualized

4 plans that may have been developed for the in5 dividual.

6 ‘‘(2) CONSUMER-RESPONSIVE, CONSUMER-DRIV7 EN ACTIVITIES.—(A) Consumer-responsive,

8 consumer-driven activities shall include—

9 ‘‘(i) providing outreach to under10 represented populations and rural populations,

11 including—

12 ‘‘(I) identification and needs assess13 ment of such populations;

14 ‘‘(II) activities to increase the acces15 sibility of services to such populations;

16 ‘‘(III) training representatives of such

17 populations to become service providers;

18 and

19 ‘‘(IV) training staff of the comprehen20 sive statewide program of technology-relat21 ed assistance to work with such popu22 lations; and

23 ‘‘(ii) establishing consumer advisory coun24 cils to advise such program, a majority of whose

25 members are—
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1 ‘‘(I) individuals with disabilities; and

2 ‘‘(II) the family members, guardians,

3 or authorized representatives of individuals

4 with disabilities.

5 ‘‘(B) Consumer-responsive, consumer-driven ac6 tivities may include—

7 ‘‘(i) increasing consumer participation,

8 choice, and control in the selection and procure9 ment of assistive technology;

10 ‘‘(ii) outreach to consumer organizations

11 and groups in the State to coordinate with ef12 forts of such organizations and groups to imple13 ment self-help, peer mentoring, and support

14 group programs to assist individuals with dis15 abilities and their family members, guardians,

16 advocates, and authorized representatives in ob17 taining funding for, and access to, assistive

18 technology devices and services;

19 ‘‘(iii) developing mechanisms for determin20 ing consumer satisfaction and participation in

21 the comprehensive statewide program of tech22 nology-related assistance for individuals of all

23 ages with disabilities and documenting the re24 sults;
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1 ‘‘(iv) taking actions to develop standards

2 or, where appropriate, apply existing standards

3 to ensure the availability of qualified personnel;

4 and

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

6 expenses, and services, including services of

7 qualified interpreters, readers, and personal

8 care assistants, that may be necessary to ensure

9 access to the comprehensive statewide program

10 of technology-related assistance by individuals

11 with disabilities who are determined by the

12 State to be in financial need.

13 ‘‘(3) ADVOCACY SERVICES.—Advocacy serv14 ices—

15 ‘‘(A) shall include training individuals with

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

18 to successfully advocate for access to assistive

19 technology devices and services, with special

20 emphasis placed on underrepresented popu21 lations and rural populations; and

22 ‘‘(B) shall supplement, not supplant, simi23 lar advocacy services that have been provided

24 pursuant to other Federal or State laws.
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1 ‘‘(4) PROTECTION AND ADVOCACY SERVICES.—

2 A State shall provide protection and advocacy serv3 ices by awarding a contract to provide such services

4 to an organization established for protection and ad5 vocacy services under the Developmental Disabilities

6 Assistance and Bill of Rights Act (42 U.S.C. 6000

7 et seq.). Any State that provided protection and ad8 vocacy services prior to January 1, 1993, through an

9 organization other than that established for protec10 tion and advocacy services under such Act may con11 tinue to provide such services through such organi12 zation. Protection and advocacy services shall sup13 plement, not supplant, similar protection and advo14 cacy services that have been provided pursuant to

15 other Federal or State laws.’’.

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

17 Technology-Related Assistance for Individuals With Dis18 abilities Act of 1988 (29 U.S.C. 2211(c)) is amended—

19 (1) by amending the matter preceding para20 graph (1) to read as follows:

21 ‘‘(c) AUTHORIZED ACTIVITIES.—Any State that re22 ceives a grant under this title may accomplish the pur23 poses described in section 2(b)(1) by carrying out the fol24 lowing activities:’’;
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1 (2) in paragraph (1), by striking subparagraph

2 (C) and redesignating subparagraph (D) as subpara3 graph (C);

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

5 (B), (C), and (G)(i), by striking ‘‘assistive tech6 nology’’ each place such term appears after ‘‘devices

7 and’’;

8 (4) by redesignating paragraphs (3) through

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

10 (5) by redesignating paragraph (8) as para11 graph (12);

12 (6) by inserting after paragraph (2) the follow13 ing:

14 ‘‘(3) ELECTRONIC COMMUNICATION.—The

15 State may operate or participate in a computer sys16 tem through which it can electronically communicate

17 with other States to gain technical assistance in a

18 timely fashion to avoid the duplication of efforts al19 ready undertaken in other States.

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

21 may support the demonstration of assistive tech22 nology devices. Activities may include—

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

24 within the State where individuals with disabil25 ities and their family members, guardians, ad-
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1 vocates, and authorized representatives, special

2 education, rehabilitation, health care, and other

3 service providers, representatives of Federal,

4 State, and local government entities, and em5 ployers can see, touch, and learn about assistive

6 technology devices from personnel who are fa7 miliar with such devices and their applications;

8 ‘‘(B) counseling and assistance to individ9 uals with disabilities and their family members,

10 guardians, advocates, and authorized represent11 atives to determine individual needs for

12 assistive technology devices and services; and

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

14 assistive technology devices to individuals, em15 ployers, public agencies, or public accommoda16 tions seeking strategies to comply with the

17 Americans with Disabilities Act of 1990 (42

18 U.S.C. 12101 et seq.) and section 504 of the

19 Rehabilitation Act of 1973 (29 U.S.C. 794).’’;

20 (7) in paragraph (5) (as redesignated by para21 graph (4)), by striking ‘‘assistive technology’’ after

22 ‘‘devices or’’;

23 (8) in paragraph (6) (as redesignated by para24 graph (4))—
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1 (A) by amending the matter preceding sub2 paragraph (A) to read as follows:

3 ‘‘(6) PUBLIC AWARENESS PROGRAM.—The

4 State may support a public awareness program de5 signed to provide information relating to the avail6 ability and efficacy of assistive technology devices

7 and services for individuals with disabilities and

8 their family members, guardians, advocates, and au9 thorized representatives, representatives of public

10 agencies and private entities that have contact with

11 individuals with disabilities (including insurers),

12 teachers and related services personnel, technology

13 experts (including engineers), employers, and other

14 appropriate individuals, or may establish and sup15 port such a program if no such program exists. Such

16 a program may include—’’;

17 (B) in subparagraph (A), in each of

18 clauses (i), (ii), and (iii), by striking ‘‘assistive

19 technology’’ after ‘‘devices and’’;

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

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

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

23 ‘‘families or representatives of individuals with

24 disabilities,’’ and inserting ‘‘and their family
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1 members, guardians, advocates, or authorized

2 representatives,’’;

3 (9) in paragraph (7) (as redesignated by para4 graph (4)), by striking ‘‘devices’’ and all that follows

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

6 individuals with disabilities and their family mem7 bers, guardians, advocates, and authorized rep8 resentatives, representatives of public agencies and

9 private entities that have contact with individuals

10 with disabilities (including insurers), teachers and

11 related services personnel, technology experts (in12 cluding engineers), employers, and other appropriate

13 individuals.’’;

14 (10) in paragraph (8) (as redesignated by para15 graph (4))—

16 (A) in the matter preceding subparagraph

17 (A)—

18 (i) in the first sentence, by striking

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

20 (ii) by inserting after the first sen21 tence the following: ‘‘Access to the system

22 may be provided through community-based

23 entities, including public libraries, centers

24 for independent living (as defined in sec25 tion 702 of the Rehabilitation Act of 1973
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1 (29 U.S.C. 796a)), and community reha2 bilitation programs (as defined in section

3 7(25) of such Act (29 U.S.C. 706(25)).’’;

4 and

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

6 the preceding sentence,’’ and inserting

7 ‘‘the system,’’;

8 (B) in subparagraph (A)—

9 (i) by inserting ‘‘large print,’’ after

10 ‘‘print,’’; and

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

12 that follows and inserting the following:

13 ‘‘materials, computer disks, compact discs

14 (including compact discs formatted with

15 read-only memory), information capable of

16 being used in telephone-based information

17 systems, and such other media as techno18 logical innovation may make appropriate;’’;

19 and

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

21 ‘‘The information system may be organized on an

22 interstate basis or as part of a regional consortium

23 of States in order to facilitate the establishment of

24 compatible, linked information systems.’’; and
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1 (11) by inserting after paragraph (9) (as redes2 ignated by paragraph (4)) the following:

3 ‘‘(10) PARTNERSHIPS AND COOPERATIVE INI4 TIATIVES.—The State may support the establish5 ment or continuation of partnerships and coopera6 tive initiatives between the public sector and the pri7 vate sector to promote greater participation by busi8 ness and industry in—

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

10 dissemination of assistive technology devices;

11 and

12 ‘‘(B) the ongoing provision of information

13 about new products to assist individuals with

14 disabilities.

15 ‘‘(11) DEVICE AND EQUIPMENT REDISTRIBU16 TION INFORMATION SYSTEMS AND RECYCLING CEN17 TERS.—The State may support activities, including

18 the establishment of information systems and recy19 cling centers, for the redistribution of assistive tech20 nology devices and equipment that may include de21 vice and equipment loans, rentals, or gifts.’’.

22 SEC. 102. DEVELOPMENT GRANTS.

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

24 102 of the Technology-Related Assistance for Individuals
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1 With Disabilities Act of 1988 (29 U.S.C. 2212) is amend2 ed—

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

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

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

6 (b) AMOUNTS OF GRANTS.—Section 102(b) of the

7 Technology-Related Assistance for Individuals With Dis8 abilities Act of 1988 (29 U.S.C. 2212(c)) (as redesignated

9 by subsection (a)) is amended—

10 (1) in paragraph (1), by striking ‘‘section 106,’’

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

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

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

14 (3) in paragraph (5)—

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

16 Trust Territory of the Pacific Islands.’’ and in17 serting ‘‘the Republic of Palau.’’; and

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

19 Trust Territory of the Pacific Islands.’’ and in20 serting ‘‘the Republic of Palau (until the Com21 pact of Free Association with Palau takes ef22 fect).’’.

23 (c) APPLICATIONS.—Section 102(d) of the Tech24 nology-Related Assistance for Individuals With Disabil-
29

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1 ities Act of 1988 (29 U.S.C. 2212(e)) (as redesignated

2 by subsection (a)) is amended—

3 (1) by redesignating paragraph (17) as para4 graph (25);

5 (2) by redesignating paragraphs (4) through

6 (16) as paragraphs (5) through (17), respectively;

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

8 inserting the following:

9 ‘‘(1) DESIGNATION OF LEAD AGENCY.—The

10 designation by the Governor of the office, agency,

11 entity, or individual responsible for—

12 ‘‘(A) submitting the application on behalf

13 of the State;

14 ‘‘(B) administering and supervising the use

15 of amounts made available under the grant;

16 ‘‘(C) coordinating and supervising—

17 ‘‘(i) preparation of the application;

18 ‘‘(ii) planning, development, imple19 mentation, and evaluation of the consumer20 responsive, consumer-driven, comprehen21 sive statewide program of technology-relat22 ed assistance;

23 ‘‘(iii) coordination among public agen24 cies and between public agencies and pri-
30

•HR 2339 EH

1 vate entities, including the entering into of

2 interagency and interstate agreements; and

3 ‘‘(iv) the active, timely, and meaning4 ful participation by individuals with dis5 abilities and their family members, guard6 ians, advocates, and authorized representa7 tives, or other appropriate individuals with

8 respect to carrying out activities under the

9 grant; and

10 ‘‘(D) delegating any responsibilities de11 scribed in this paragraph, in whole or in part,

12 to one or more appropriate offices, agencies, en13 tities, or individuals.

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

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

16 the ability—

17 ‘‘(A) to respond to assistive technology

18 needs across disability and age;

19 ‘‘(B) to promote the availability through20 out the State of assistive technology devices and

21 services;

22 ‘‘(C) to promote and implement systems

23 change activities;

24 ‘‘(D) to promote and implement public-pri25 vate partnerships;
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1 ‘‘(E) to exercise leadership in identifying

2 and responding to the technology needs of indi3 viduals with disabilities and their family mem4 bers, guardians, advocates, and authorized rep5 resentatives;

6 ‘‘(F) to promote and document the

7 consumer-responsive, consumer-driven nature of

8 the comprehensive statewide program of tech9 nology-related assistance; and

10 ‘‘(G) to exercise leadership in implement11 ing effective strategies for capacity building,

12 staff and consumer training, and enhancement

13 of access to funding for assistive technology de14 vices and services across agencies.

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

16 the nature and extent of involvement of various

17 State agencies in the preparation of the application

18 and the continuing role of each agency in the devel19 opment and implementation of the consumer-respon20 sive, consumer-driven, comprehensive statewide pro21 gram of technology-related assistance, including the

22 identification of the available resources and financial

23 responsibility of each agency for paying for assistive

24 technology devices and services.
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•HR 2339 EH

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

2 the nature and extent of the involvement in the de3 velopment of the application, and the continuing role

4 in the consumer-responsive, consumer-driven, com5 prehensive statewide program of technology-related

6 assistance of—

7 ‘‘(A) individuals with disabilities;

8 ‘‘(B) the family members, guardians, advo9 cates, and authorized representatives of such

10 individuals;

11 ‘‘(C) other appropriate individuals who are

12 not employed by a State agency; and

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

14 and other interested parties from the private

15 sector.’’;

16 (4) in paragraph (5) (as redesignated by para17 graph (2)), by striking ‘‘underserved groups’’ and

18 inserting ‘‘underrepresented populations and rural

19 populations’’;

20 (5) in paragraph (7) (as redesignated by para21 graph (2)), by striking ‘‘consumer-responsive’’ and

22 inserting ‘‘consumer-responsive, consumer-driven,

23 comprehensive’’;

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

25 by paragraph (2)) and inserting the following:
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1 ‘‘(8) DATA COLLECTION.—A description of—

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

3 compiling information as required by the Sec4 retary and, when a national classification sys5 tem is developed pursuant to section 201, con6 sistent with such classification system; and

7 ‘‘(B) procedures that will be used to con8 duct evaluations.’’;

9 (7) in paragraph (9) (as redesignated by para10 graph (2)), by striking ‘‘devices and assistive tech11 nology’’ and inserting ‘‘devices and’’;

12 (8) in paragraph (12) (as redesignated by para13 graph (2))—

14 (A) in subparagraph (A), by striking ‘‘de15 vices and assistive technology’’ and inserting

16 ‘‘devices and’’; and

17 (B) in subparagraph (B), by striking ‘‘de18 vices or assistive technology’’ each place it ap19 pears and inserting ‘‘devices or’’;

20 (9) by amending paragraph (16) (as redesig21 nated by paragraph (2)) to read as follows:

22 ‘‘(16) FISCAL CONTROL AND ACCOUNTING PRO23 CEDURES.—An assurance that—

24 ‘‘(A) the State will adopt such fiscal con25 trol and accounting procedures as may be nec-
34

•HR 2339 EH

1 essary to ensure proper disbursement of and ac2 counting for amounts received under the grant;

3 and

4 ‘‘(B) the lead agency will have the author5 ity to use funds under this title to comply with

6 the State grant requirements, including the

7 ability to hire qualified staff necessary to carry

8 out project activities.’’; and

9 (10) by inserting after paragraph (17) (as re10 designated by paragraph (2)) the following:

11 ‘‘(18) PROTECTION AND ADVOCACY SERV12 ICES.—An assurance that the State will allocate a

13 specific amount of funds, from Federal or State

14 sources, for protection and advocacy services pro15 vided pursuant to section 101(b)(4). In reviewing an

16 application by the State, the Secretary shall review

17 such specific amount to determine if it is reasonable

18 in relation to the size of the grant and the needs of

19 individuals with disabilities within the State. In

20 making such determination, the Secretary shall con21 sider the population of the State and the geographic

22 size of the State.

23 ‘‘(19) TRAINING ACTIVITIES.—An assurance

24 that the State—
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1 ‘‘(A) will develop and implement strategies

2 for including personnel training in assistive

3 technology within existing Federal- and State4 funded training initiatives to enhance assistive

5 technology skills and competencies; and

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

7 ‘‘(20) LIMIT ON INDIRECT COSTS.—An assur8 ance that the percentage of funds used for indirect

9 costs shall not exceed 15 percent.

10 ‘‘(21) COORDINATION WITH STATE COUN11 CILS.—An assurance that there will be coordination

12 between the project funded under this Act and other

13 councils within the State, including the State Reha14 bilitation Advisory Council (or Councils) established

15 under section 105 of the Rehabilitation Act of 1973

16 (29 U.S.C. 725), the Statewide Independent Living

17 Council established under section 705 of such Act

18 (29 U.S.C. 796d), the advisory panel established

19 under section 613(a)(12) of the Individuals with

20 Disabilities Education Act (20 U.S.C. 1413(a)(12)),

21 the State Interagency Coordinating Council estab22 lished under section 682 of such Act (20 U.S.C.

23 1482), the State Planning Council described in sec24 tion 124 of the Developmental Disabilities Assist25 ance and Bill of Rights Act (42 U.S.C. 6024), and
36

•HR 2339 EH

1 the State mental health planning council established

2 under section 1916(e) of the Public Health Service

3 Act (42 U.S.C. 300x-4(e)).

4 ‘‘(22) COORDINATION WITH OTHER SYSTEMS

5 CHANGE PROJECTS.—An assurance that there will

6 be coordination between the project funded under

7 this Act and other related systems change projects

8 funded by either Federal or State funds.

9 ‘‘(23) AVAILABILITY OF INFORMATION.—An as10 surance that the State will—

11 ‘‘(A) make available to individuals with

12 disabilities and their family members, guard13 ians, advocates, and authorized representatives

14 information concerning technology-related as15 sistance in a form that will allow such individ16 uals with disabilities to effectively use such in17 formation; and

18 ‘‘(B) in preparing such information for dis19 semination, consider the media-related needs of

20 individuals with disabilities who have sensory

21 and cognitive limitations and consider the use

22 of auditory materials, including audio cassettes,

23 visual materials, including video cassettes and

24 video discs, and braille materials.
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•HR 2339 EH

1 ‘‘(24) TIMELINESS OF SERVICE PROVISION.—

2 An assurance that the State—

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

4 policies, procedures, and practices that have an

5 impact on—

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

7 for and the provision of assistive tech8 nology devices and services;

9 ‘‘(ii) the specific entity within the

10 State that will provide such service or de11 vice;

12 ‘‘(iii) the procurement policies, proce13 dures, and practices that affect the acqui14 sition or usage of such service or device; or

15 ‘‘(iv) the timelines involved in such

16 procurement;

17 ‘‘(B) will review the information required

18 under subparagraph (A) to determine areas

19 that inhibit or delay the acquisition or delivery

20 of a needed assistive technology service or de21 vice, particularly as such service or device re22 lates to minors; and

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

24 timelines for acquisition and delivery may be

25 decreased.’’.
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1 SEC. 103. EXTENSION GRANTS.

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

3 Technology-Related Assistance for Individuals With Dis4 abilities Act of 1988 (29 U.S.C. 2213(a)) is amended to

5 read as follows:

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

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

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

9 under section 102;

10 ‘‘(2) has successfully satisfied the requirements

11 in such section; and

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

13 State made significant progress in developing and

14 implementing a consumer-responsive, consumer-driv15 en, comprehensive statewide program of technology16 related assistance, consistent with sections 2(b)(1),

17 101, and 102(d).’’.

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

19 Technology-Related Assistance for Individuals With Dis20 abilities Act of 1988 (29 U.S.C. 2213) is amended—

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

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

23 (2) by inserting after subsection (a) the follow24 ing:

25 ‘‘(b) ASSESSMENT OF PROGRESS.—The Secretary

26 shall develop guidelines to be used in assessing the extent
39

•HR 2339 EH

1 to which the State is making significant progress in devel2 oping and implementing a consumer-responsive,

3 consumer-driven, comprehensive statewide program of

4 technology-related assistance consistent with section

5 2(b)(1).’’.

6 (c) AMOUNTS OF GRANTS.—Section 103(c) of the

7 Technology-Related Assistance for Individuals With Dis8 abilities Act of 1988 (29 U.S.C. 2213(c)) (as redesignated

9 by subsection (b)) is amended—

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

11 106’’ and inserting ‘‘section 108(a)(1)’’;

12 (2) in paragraph (1)(B), by striking ‘‘section

13 106’’ and inserting ‘‘section 108(a)(1)’’;

14 (3) in paragraph (1)(C)—

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

16 Territory of the Pacific Islands.’’ and inserting

17 ‘‘the Republic of Palau.’’; and

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

19 Territory of the Pacific Islands.’’ and inserting

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

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

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

23 following:

24 ‘‘In providing any increases in State grants above

25 the amounts provided to States in fiscal year 1993,
40

•HR 2339 EH

1 the Secretary shall give priority to the 10 States

2 that have the largest populations, as determined by

3 the 1990 decennial census of the population, and

4 States that are sparsely populated, with a wide geo5 graphic spread, where such characteristics have im6 peded the development of a statewide program.’’.

7 (d) APPLICATION.—Section 103(d) of the Tech8 nology-Related Assistance for Individuals With Disabil9 ities Act of 1988 (29 U.S.C. 2213(d)) (as redesignated

10 by subsection (b)) is amended—

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

12 inserting the following:

13 ‘‘(1) INFORMATION AND ASSURANCES.—The in14 formation and assurances described in section

15 102(d), except the preliminary needs assessment de16 scribed in section 102(d)(5).

17 ‘‘(2) NEEDS.—A description of—

18 ‘‘(A) needs relating to technology-related

19 assistance for individuals with disabilities (in20 cluding individuals from underrepresented pop21 ulations and rural populations), their family

22 members, guardians, advocates, and authorized

23 representatives, and other appropriate individ24 uals within the State;
41

•HR 2339 EH

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

2 and implementation of a consumer-responsive,

3 consumer-driven, comprehensive statewide pro4 gram of technology-related assistance;

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

6 during the grant period to remedy such gaps;

7 and

8 ‘‘(D) outreach activities, with special atten9 tion to underrepresented populations and rural

10 populations.

11 ‘‘(3) ACTIVITIES AND PROGRESS UNDER PRE12 VIOUS GRANT.—A description of the specific activi13 ties carried out under the development grant re14 ceived under section 102, the relationship of such

15 activities to the development and implementation of

16 a consumer-responsive, consumer-driven, comprehen17 sive statewide program of technology-related assist18 ance, and the progress made toward the development

19 and implementation of such a program. Such de20 scription shall include, at a minimum—

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

22 were undertaken to produce systems change on

23 a permanent basis for individuals of all ages

24 with disabilities;
42

•HR 2339 EH

1 ‘‘(B) a description of training and tech2 nical assistance efforts to improve individual ac3 cess to assistive technology devices and services;

4 and

5 ‘‘(C) an evaluation of the impact and re6 sults of the activities described in subpara7 graphs (A) and (B).’’;

8 (2) in paragraph (4)—

9 (A) in the matter preceding subparagraph

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

11 individuals with disabilities,’’ and inserting

12 ‘‘their family members, guardians, advocates,

13 and authorized representatives,’’; and

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

15 ‘‘consumer-responsive’’ and inserting

16 ‘‘consumer-responsive, consumer-driven, com17 prehensive’’;

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

19 paragraph (7) as paragraph (6);

20 (4) in paragraph (6) (as redesignated by para21 graph (3)), by inserting ‘‘, or any recipient of its

22 funds,’’ after ‘‘State’’; and

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

24 ‘‘(7) CONTINUATION OF PROGRAM.—A descrip25 tion of the steps the State has taken or will take to
43

•HR 2339 EH

1 continue on a permanent basis a consumer-respon2 sive, consumer-driven, comprehensive statewide pro3 gram of technology-related assistance, including an

4 identification of potential funding sources and fund5 ing commitments for the program from the public

6 and private sectors and from the agencies and enti7 ties who will be involved with and direct future

8 efforts.’’.

9 SEC. 104. SECOND EXTENSION GRANTS.

10 The Technology-Related Assistance for Individuals

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

12 is amended—

13 (1) by redesignating sections 104 and 105 as

14 sections 105 and 106, respectively;

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

16 and

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

18 ‘‘SEC. 104. SECOND EXTENSION GRANTS.

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

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

21 ‘‘(1) has been awarded one extension grant

22 under section 103;

23 ‘‘(2) has successfully satisfied the requirements

24 in such section; and
44

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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 technology5 related assistance, consistent with sections 2(b)(1),

6 101, and 102(d).

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

8 priority of the extension grants under this section shall

9 be the same as the amounts and priority of extension

10 grants under section 103(c), except that—

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

12 year of the grant period shall be 75 percent of the

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

14 grant period;

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

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

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

18 grant period; and

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

20 Federal funds shall be made available to the State

21 under this Act.

22 In providing any increases in State grants above the

23 amounts provided to States in fiscal year 1993, the Sec24 retary shall give priority to the 10 States that have the

25 largest populations, as determined by the 1990 decennial
45

•HR 2339 EH

1 census of the population, and States that are sparsely pop2 ulated, with a wide geographic spread, where such charac3 teristics have impeded the development of a statewide

4 program.

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

6 an extension grant under this section shall submit an ap7 plication that contains the information and assurances re8 quired under section 103(d), except that the descriptions

9 of the activities carried out and the progress made under

10 a development grant that are referred to in such section

11 shall relate, in an application under this section, to an ex12 tension grant under section 103.’’.

13 SEC. 105. PROGRESS REPORTS.

14 Section 105 of the Technology-Related Assistance for

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

16 2214) (as redesignated by section 104) is amended—

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

18 following:

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

20 under this title shall submit to the Secretary annually a

21 report that documents significant progress in developing

22 and implementing a consumer-responsive, consumer-driv23 en, comprehensive statewide program of technology-relat24 ed assistance, consistent with sections 2(b)(1), 101, and

25 102(d). The report shall document the following:
46

•HR 2339 EH

1 ‘‘(1) Successful systems change activities to in2 crease funding for, and access to, assistive tech3 nology devices and services, including—

4 ‘‘(A) an analysis of laws, regulations, poli5 cies, procedures, and practices that have

6 changed, the program has attempted to change,

7 or that need to be changed to facilitate the ac8 quisition of assistive technology;

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

10 services provided; and

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

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

13 participation, and particularly the satisfaction and

14 participation of underrepresented populations and

15 rural populations, with the statewide program, based

16 upon mechanisms that have been developed pursuant

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

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

19 agencies in the preparation of the application and

20 the continuing role of each agency in the develop21 ment and implementation of the statewide program,

22 including the identification of the available resources

23 and financial responsibility of each agency for pay24 ing for assistive technology devices and services.
47

•HR 2339 EH

1 ‘‘(4) Efforts to train personnel as well as con2 sumers.

3 ‘‘(5) Information collection and dissemination

4 activities relating to systems change activities identi5 fied in paragraph (1).

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

7 of policies, procedures, and practices that have been

8 developed or amended in order to inform individuals

9 with disabilities and their family members, guard10 ians, advocates, and authorized representatives of

11 Federal requirements pertaining to assistive tech12 nology devices and services, particularly under parts

13 B and H of the Individuals with Disabilities Edu14 cation Act (20 U.S.C. 1400 et seq.) and title I of

15 the Rehabilitation Act of 1973 (29 U.S.C. 720 et

16 seq.).

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

18 major program initiatives to other States by means

19 of electronic communication.

20 ‘‘(8) Efforts to comply with the assurance pro21 vided pursuant to section 102(d)(24).

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

23 for receiving assistive technology devices and serv24 ices.
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1 ‘‘(10) Efforts to disseminate information about

2 interagency activities that promote coordination of

3 assistive technology services, including evidence of

4 increased participation of State and local special

5 education, vocational rehabilitation, and medical as6 sistance agencies and departments.’’;

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

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

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

10 ‘‘(c) REPORTS ON PROTECTION AND ADVOCACY

11 SERVICES.—An organization that is awarded a contract

12 to provide protection and advocacy services pursuant to

13 section 101(b)(4) shall make significant progress in pro14 viding such services. One year after the date of the enact15 ment of the Technology-Related Assistance for Individuals

16 With Disabilities Amendments of 1993, and each year

17 thereafter, the organization shall document such progress

18 for the Secretary in each of the following areas:

19 ‘‘(1) Conducting activities that are consumer20 responsive and consumer-driven, including activities

21 that will lead to increased access to funding for

22 assistive technology devices and services.

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

24 appropriate means of representation to implement

25 systems change.
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1 ‘‘(3) Developing and implementing strategies

2 designed to enhance the long-term abilities of indi3 viduals with disabilities and their family members,

4 guardians, advocates, and authorized representatives

5 to successfully advocate for assistive technology to

6 which the individuals with disabilities are entitled

7 under law.

8 ‘‘(4) Coordination with protection and advocacy

9 services funded through sources other than this Act.

10 ‘‘(d) PUBLIC COMMENT.—

11 ‘‘(1) HEARING.—An organization that is award12 ed a contract to provide protection and advocacy

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

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

15 hearing for public comment from interested persons

16 to ascertain the extent to which the State that

17 awarded the contract to the organization is making

18 significant progress, under the grant that is effective

19 at the time of the hearing, in developing and imple20 menting a consumer-responsive, consumer-driven,

21 comprehensive statewide program of technology-re22 lated assistance.

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

24 under paragraph (1) shall be conducted within the

25 6-month period ending on the date of the termi-
50

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1 nation of a grant received under section 103, or

2 within the 6-month period ending on the date that

3 is 24 months after the date on which a grant under

4 section 104 commenced, whichever is applicable to

5 the State that awarded the contract to the organiza6 tion.

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

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

9 summarizing the public comments received at a

10 hearing conducted under the paragraph within the

11 6-month period beginning on the date the hearing is

12 concluded.’’.

13 SEC. 106. ADMINISTRATIVE PROVISIONS.

14 Section 106 of the Technology-Related Assistance for

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

16 2215) (as redesignated by section 104) is amended—

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

18 striking ‘‘GS-18 of the General Schedule under sec19 tion 5332 of title 5,’’ and inserting ‘‘level IV of the

20 Executive Schedule under section 5315 of title 5,’’;

21 (2) by redesignating subsection (c) as sub22 section (g);

23 (3) by inserting after subsection (b) the follow24 ing:

25 ‘‘(c) REDESIGNATION OF LEAD AGENCY.—
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•HR 2339 EH

1 ‘‘(1) MONITORING PANEL.—Once a State be2 comes subject to a corrective action plan pursuant to

3 subsection (b), the Governor of the State, subject to

4 approval by the Secretary, shall appoint within 30

5 days a monitoring panel consisting of the following

6 representatives:

7 ‘‘(A) The head of the lead agency des8 ignated by the Governor.

9 ‘‘(B) 2 representatives from different pub10 lic or private nonprofit organizations that rep11 resent the interests of individuals with disabil12 ities.

13 ‘‘(C) 2 consumers who are users of

14 assistive technology devices and services and

15 who are not—

16 ‘‘(i) members of the advisory council

17 of the program; or

18 ‘‘(ii) employees of the State lead agen19 cy.

20 ‘‘(D) 2 service providers with knowledge

21 and expertise in assistive technology devices and

22 services.

23 The monitoring panel shall be ethnically diverse and

24 shall choose its own chairperson. The panel shall re25 ceive periodic reports from the State regarding
52

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1 progress in implementing the corrective action plan

2 and shall have the authority to request additional in3 formation necessary to determine compliance. The

4 meetings of the panel to determine compliance shall

5 be open to the public (subject to confidentiality con6 cerns) and held at locations that are accessible to in7 dividuals with disabilities. The panel shall remain

8 active for the entire period of the corrective action

9 plan, as determined by the Secretary. The panel

10 shall be funded by a portion of the funds received

11 by the State under this title, as directed by the Sec12 retary.

13 ‘‘(2) FAILURE TO APPOINT MONITORING

14 PANEL.—A failure by a Governor of a State to com15 ply with the requirements of paragraph (1) shall re16 sult in the complete loss of funding under this title,

17 until redesignation pursuant to the process estab18 lished in paragraph (4).

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

20 a monitoring panel may determine that a lead agen21 cy designated by a Governor has not met the pur22 poses established in section 2(b)(1) and that there is

23 good cause for redesignation and the temporary loss

24 of funds under this title. In this paragraph, the term

25 ‘good cause’ includes—
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1 ‘‘(A) lack of progress with employment of

2 qualified staff;

3 ‘‘(B) lack of consumer-responsive,

4 consumer-driven activities;

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

6 change activities;

7 ‘‘(D) lack of progress with meeting the as8 surances in section 102(d); or

9 ‘‘(E) inadequate fiscal management.

10 If a monitoring panel makes such a determination,

11 it shall recommend to the Secretary that further re12 medial action be taken or that the Secretary order

13 the Governor to hold an open competition pursuant

14 to paragraph (4). The Secretary, based on the find15 ings and recommendations of the monitoring panel,

16 shall make a final determination with respect to the

17 lead agency designation under this title.

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

19 that a State loses funding under this title pursuant

20 to paragraph (2) or (3), the Governor of the State

21 shall hold an open competition within the State and

22 issue a request for proposals within 30 days for

23 agency redesignation. Such competition shall be open

24 to State agencies, public and private nonprofit orga25 nizations, consortia of such organizations, or institu-
54

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1 tions of higher education. The competition shall en2 sure public involvement, including a public hearing

3 and adequate opportunity for public comment. The

4 Secretary shall have final approval of the agency or

5 organization designated after such competition.

6 ‘‘(d) REDESIGNATION OF PROTECTION AND ADVO7 CACY SERVICES.—If the Secretary determines that signifi8 cant progress has not been achieved by an organization

9 that is awarded a contract to provide protection and advo10 cacy services for a State pursuant to section 101(b)(4),

11 the Secretary shall consult with the Governor of such

12 State in a timely manner. After such consultation, if it

13 is determined that remedial action is not appropriate, the

14 Governor shall hold an open competition within the State

15 and issue a request for proposals within 30 days for agen16 cy redesignation. Such competition shall be open to enti17 ties with the same expertise and ability to provide legal

18 services as an organization referred to in section

19 101(b)(4). The competition shall ensure public involve20 ment, including a public hearing and adequate opportunity

21 for public comment.

22 ‘‘(e) ANNUAL REPORT.—

23 ‘‘(1) IN GENERAL.—The Secretary shall pub24 lish, by December 31 of each year, an annual report

25 to the President and to the Congress on the activi-
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1 ties funded under this Act and other Federal initia2 tives to improve the access of individuals with dis3 abilities to assistive technology devices and services.

4 The report shall address the following:

5 ‘‘(A) Demonstrated successes at the Fed6 eral and State levels in improving interagency

7 coordination, streamlining access to funding,

8 and producing beneficial outcomes for users of

9 assistive technology.

10 ‘‘(B) Demonstrated successes in promoting

11 funding access in existing public programs and

12 establishing new funding options.

13 ‘‘(C) Activities targeted to reach

14 underrepresented populations and rural popu15 lations.

16 ‘‘(D) Consumer involvement activities in

17 the State programs.

18 ‘‘(E) Education and training activities to

19 promote awareness of available funding in pub20 lic programs.

21 ‘‘(F) Efforts made to educate and train in22 dividuals with disabilities and their family mem23 bers, guardians, advocates, and authorized rep24 resentatives, representatives of public agencies

25 and private entities that have contact with indi-
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1 viduals with disabilities (including insurers),

2 teachers and related services personnel, tech3 nology experts (including engineers), employers,

4 and other appropriate individuals about tech5 nology-related assistance.

6 ‘‘(G) Research activities undertaken to im7 prove the understanding of the cost-benefit

8 ratio resulting from the use of assistive tech9 nology for individuals of all ages and with vary10 ing disabilities.

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

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

13 Secretary shall include in the annual report required

14 by this section a report on the availability of

15 assistive technology devices and services for individ16 uals with disabilities based on the national classifica17 tion system developed under section 201.

18 ‘‘(f) INTERAGENCY DISABILITY COORDINATING

19 COUNCIL.—On or before October 1, 1995, the Interagency

20 Disability Coordinating Council established under section

21 507 of the Rehabilitation Act of 1973 (29 U.S.C. 794d)

22 shall prepare and submit to the President and to the Con23 gress a report of—

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

25 Coordinating Council to the findings and rec-
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1 ommendations of the National Council on Disability

2 (established under section 400 of the Rehabilitation

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

4 the Study on the Financing of Assistive Technology

5 Devices and Services for Individuals with Disabilities

6 of the National Council on Disability; and

7 ‘‘(2) activities of the Interagency Disability Co8 ordinating Council that facilitate the accomplish9 ment of section 2(b)(2) with respect to the Federal

10 Government.

11 The report shall include any comments submitted by the

12 National Council on Disability to the Interagency Disabil13 ity Coordinating Council that pertain to paragraph (1) or

14 (2).’’; and

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

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

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

18 may not be construed as authorizing a State or a Federal

19 agency to reduce medical or other assistance available or

20 to alter eligibility under any Federal statute.’’.

21 SEC. 107. INFORMATION AND TECHNICAL ASSISTANCE.

22 The Technology Related Assistance for Individuals

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

24 is amended by inserting after section 106 (as redesignated

25 by section 104) the following:
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1 ‘‘SEC. 107. INFORMATION AND TECHNICAL ASSISTANCE.

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

3 States and individuals with disabilities and their family

4 members, guardians, advocates, and authorized represent5 atives information and technical assistance.

6 ‘‘(b) INFORMATION AND TECHNICAL ASSISTANCE TO

7 STATES.—Information and technical assistance provided

8 to the States under subsection (a) shall include—

9 ‘‘(1) providing a clearinghouse for activities

10 that have been developed and implemented by

11 projects funded pursuant to this Act;

12 ‘‘(2) facilitating service delivery capacity build13 ing, training of personnel across disciplines, evalua14 tion strategies, and research and data collection;

15 ‘‘(3) providing information and technical assist16 ance on effective approaches to information referral,

17 interagency coordination on training and service de18 livery, outreach to underrepresented populations and

19 rural populations, and public awareness activities;

20 ‘‘(4) assisting in planning, developing, imple21 menting and evaluating appropriate activities to fur22 ther extend consumer-responsive, consumer-driven,

23 comprehensive statewide programs of technology-re24 lated assistance for individuals with disabilities;
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1 ‘‘(5) providing technical assistance and training

2 to the projects funded pursuant to this title for ac3 tivities conducted pursuant to section 101(c)(3); and

4 ‘‘(6) providing any other appropriate informa5 tion and technical assistance to assist the States in

6 accomplishing the purposes of this Act.

7 ‘‘(c) INFORMATION AND TECHNICAL ASSISTANCE TO

8 INDIVIDUALS.—Information and technical assistance pro9 vided to individuals with disabilities and their family mem10 bers, guardians, advocates, and authorized representatives

11 under subsection (a) shall include—

12 ‘‘(1) disseminating information and providing

13 technical assistance on Federal, State and local laws,

14 regulations, policies, procedures, and practices that

15 facilitate funding for and access to assistive tech16 nology devices and services, to promote independ17 ence, productivity, and inclusion in the economic, po18 litical, social, cultural, and educational mainstream

19 of American society for individuals of all ages with

20 disabilities;

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

22 information, and providing technical assistance on

23 effective systems change activities, advocacy services,

24 and protection and advocacy services;
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1 ‘‘(3) collecting, analyzing, and disseminating on

2 a national basis assistive technology funding deci3 sions made as a result of policies, procedures, and

4 practices, or through regulations, administrative

5 hearings, or legal action that enhance access to

6 funding of assistive technology devices and services

7 for individuals with disabilities;

8 ‘‘(4) promoting State-Federal coordination

9 through information dissemination and technical as10 sistance activities in response to funding policy im11 provements identified by the States that enhance

12 funding for, or access to, assistive technology devices

13 and services for individuals of all ages with disabil14 ities; and

15 ‘‘(5) providing any other appropriate informa16 tion and technical assistance to assist individuals

17 with disabilities and their family members, guard18 ians, advocates, and authorized representatives in

19 accomplishing the purposes of this Act.

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

21 ‘‘(1) PUBLIC OR PRIVATE AGENCIES.—The Sec22 retary shall provide the information and technical

23 assistance described in this section through grants,

24 contracts, or cooperative agreements with public or

25 private agencies and organizations, including institu-
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1 tions of higher education, with documented experi2 ence, expertise, and capacity to accomplish identified

3 activities.

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

5 information and technical assistance described in

6 this section through one or two grants, contracts, or

7 cooperative agreements. An agency or organization

8 that is a party to such a grant, contract, or agree9 ment may contract with other public or private

10 agencies or organizations for the purposes of provid11 ing the information and technical assistance de12 scribed in this section.’’.

13 SEC. 108. FUNDING.

14 Section 108 of the Technology-Related Assistance for

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

16 2216) (as redesignated by section 104) is amended to read

17 as follows:

18 ‘‘SEC. 108. FUNDING.

19 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

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

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

22 fiscal year 1994, and such sums as may be nec23 essary for each of the fiscal years 1995 through

24 2002.
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1 ‘‘(2) RESERVATION.—The Secretary shall re2 serve 2 percent of funds appropriated in any fiscal

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

4 is greater, for the purpose of providing to States and

5 individuals with disabilities and their family mem6 bers, guardians, advocates, and authorized rep7 resentatives information and technical assistance

8 under section 107.

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

10 for salaries and expenses with respect to the Department

11 of Education for each fiscal year beginning after October

12 1, 1993, the Secretary—

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

15 added to the number of employees serving on Sep16 tember 30, 1993, in the Office of Special Education

17 and Rehabilitative Services of the Department of

18 Education; 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 admin22 istration 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.)

6 is 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

14 described in subsection (d) through the use of a sin15 gle taxonomy and a uniform data collection instru16 ment; 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

7 carry out this subsection through a contract or grant

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

9 period beginning on the date of the enactment of the

10 Technology-Related Assistance for Individuals With

11 Disabilities Amendments of 1993. If the Secretary

12 carries out this subsection through contract or

13 grant, the contract or grant shall be for a period of

14 not more than 2 years.

15 ‘‘(B) If the Secretary does not carry out this

16 subsection through contract or grant, the Secretary

17 shall adopt the taxonomy described in paragraph (1)

18 within the 2-year period beginning on the date of the

19 enactment of the Technology-Related Assistance for

20 Individuals 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

19 Act (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

6 shall enter into contracts or cooperative agreements

7 with appropriate public or private agencies and orga8 nizations, including institutions of higher education,

9 for the purposes of—

10 ‘‘(A) conducting training sessions; and

11 ‘‘(B) developing, demonstrating, dissemi12 nating, and evaluating curricula, materials, and

13 methods used to train individuals regarding the

14 provision of technology-related assistance.

15 ‘‘(2) ELIGIBLE ACTIVITIES.—Activities con16 ducted under contracts or cooperative agreements

17 entered into under paragraph (1) may address the

18 training needs of individuals with disabilities and

19 their family members, guardians, advocates, and au20 thorized representatives, representatives of public

21 agencies and private entities that have contact with

22 individuals with disabilities (including insurers),

23 teachers and related services personnel, technology

24 experts (including engineers), employers, and other

25 appropriate individuals.

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

6 include—

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

16 the preparation of personnel who will provide tech17 nical assistance, administer programs, or prepare

18 personnel necessary to support the development and

19 implementation of consumer-responsive, consumer20 driven, comprehensive statewide programs of tech21 nology-related assistance for individuals with disabil22 ities.

23 ‘‘(3) USES OF FUNDS.—Amounts made avail24 able for grants under paragraph (1) may be used by

25 institutions of higher education to assist in covering
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1 the cost of courses of training or study for such per2 sonnel and for establishing and maintaining fellow3 ships or traineeships with such stipends and allow4 ances as may be determined by the Secretary.

5 ‘‘(c) GRANTS TO HISTORICALLY BLACK COL6 LEGES.—In exercising the authority granted in sub7 sections (a) and (b), the Secretary shall reserve an ade8 quate amount for grants to historically black colleges and

9 universities and other institutions of higher education

10 whose minority student enrollment is at least 50 percent.

11 ‘‘SEC. 212. TECHNOLOGY TRANSFER.

12 ‘‘The Secretary shall provide funds to an organization

13 whose primary function is to promote technology transfer

14 from, and cooperation among, Federal laboratories (as de15 fined in section 4(6) of the Stevenson-Wydler Technology

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

17 funds shall be used to promote technology transfer that

18 will spur the development of assistive technology devices.

19 ‘‘SEC. 213. DEVICE AND EQUIPMENT REDISTRIBUTION IN20 FORMATION SYSTEMS AND RECYCLING CEN21 TERS.

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

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

24 public agencies, private entities, or institutions of higher
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1 education for the purpose of developing and establishing

2 recycling projects.

3 ‘‘(b) ELIGIBLE ACTIVITIES.—Eligible recycling ac4 tivities may include—

5 ‘‘(1) a system for accepting, on an uncondi6 tional gift basis, assistive technology devices, includ7 ing a process for valuing the devices and evaluating

8 their use and potential;

9 ‘‘(2) a system for storing and caring for such

10 devices;

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

12 databases) by which local educational agencies, reha13 bilitation entities, local community-based organiza14 tions, independent living centers and other entities,

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

16 about the availability and nature of the devices cur17 rently held; and

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

19 to consumers and those entities listed in paragraph

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

21 tracking each device throughout its useful life.

22 ‘‘(c) MULTIPLE PROVIDERS.—With respect to activi23 ties funded under this section, an agency, entity, or insti24 tution may utilize a single authority or may establish a

25 system of service providers. If an agency, entity, or institu-
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1 tion uses multiple providers, the agency, entity, or institu2 tion shall assure that—

3 ‘‘(1) all consumers within a State receive equal

4 access to services, regardless of the geographic loca5 tion or socioeconomic status of the consumers; and

6 ‘‘(2) all activities of the providers are coordi7 nated and monitored by the agency, entity, or insti8 tution.

9 ‘‘(d) OTHER LAWS.—Nothing in this section shall af10 fect the provision of services or devices pursuant to title

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

12 or part B of the Individuals With Disabilities Education

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

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

15 entities, or institutions of higher education that have al16 ready established recycling programs may extend and

17 strengthen such programs through grants, contracts, or

18 agreements under this section.

19 ‘‘SEC. 214. BUSINESS OPPORTUNITIES FOR INDIVIDUALS

20 WITH DISABILITIES.

21 ‘‘The Secretary may make grants to individuals with

22 disabilities to enable them to establish or operate commer23 cial or other enterprises which develop or market assistive

24 technology devices or services.
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1 ‘‘SEC. 215. PRODUCTS OF UNIVERSAL DESIGN.

2 ‘‘The Secretary may make grants to commercial or

3 other enterprises and institutions of higher education for

4 the research and development of products of universal de5 sign. Preference shall be given to those enterprises which

6 are owned or operated by individuals with disabilities.

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

8 ‘‘Projects operated pursuant to this part shall—

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

10 consumer-driven standards as the program under

11 title I;

12 ‘‘(2) make available to individuals with disabil13 ities and their family members, guardians, advo14 cates, and authorized representatives information

15 concerning technology-related assistance in a form

16 that will allow such individuals with disabilities to

17 effectively use such information;

18 ‘‘(3) in preparing such information for dissemi19 nation, consider the media-related needs of individ20 uals with disabilities who have sensory and cognitive

21 limitations and consider the use of auditory mate22 rials, including audio cassettes, visual materials, in23 cluding video cassettes and video discs, and braille

24 materials; and

25 ‘‘(4) coordinate their efforts with the consumer26 responsive, consumer-driven, comprehensive state-
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1 wide program of technology-related assistance for in2 dividuals with disabilities in the State or States in

3 which the projects operate.

4 ‘‘PART C—AUTHORIZATION OF APPROPRIATIONS

5 ‘‘SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘(a) IN GENERAL.—There are authorized to be ap7 propriated to carry out this title $10,000,000 for fiscal

8 year 1994, and such sums as may be necessary for each

9 of the fiscal years 1995 through 1998.

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

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

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

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

14 TITLE III—ALTERNATIVE

15 FINANCING MECHANISMS

16 SEC. 301. ALTERNATIVE FINANCING MECHANISMS AUTHOR17 IZED.

18 The Technology-Related Assistance for Individuals

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

20 is amended by adding at the end the following:
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1 ‘‘TITLE III—ALTERNATIVE

2 FINANCING MECHANISMS

3 ‘‘SEC. 301. GENERAL AUTHORITY TO PROVIDE ALTER4 NATIVE FINANCING MECHANISMS.

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

6 grants to States to provide a Federal share for the estab7 lishment of, or the expansion of, alternative financing

8 mechanisms to allow individuals with disabilities and their

9 family members, guardians, and authorized representa10 tives to purchase assistive technology devices and services.

11 Grants under this section may be used to provide up to

12 one half of the costs of providing and administering such

13 alternative financing mechanisms. The mechanisms may

14 include—

15 ‘‘(1) a low-interest loan fund;

16 ‘‘(2) a revolving fund;

17 ‘‘(3) a loan insurance program;

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

19 purchase, lease, or other acquisition of assistive

20 technology devices or the provision of assistive tech21 nology services; and

22 ‘‘(5) other alternative financing mechanisms

23 that meet the requirements of this Act and are ap24 proved by the Secretary.
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1 ‘‘(b) CONSTRUCTION OF TITLE I.—Nothing in this

2 section shall be construed as affecting the authority of a

3 State to establish alternative financing mechanisms under

4 title I.

5 ‘‘SEC. 302. APPLICATIONS AND PROCEDURES.

6 ‘‘States that receive or have received grants under

7 section 102, 103, or 104 shall be eligible to compete for

8 grants under this title. The Secretary shall make grants

9 under this title under such conditions as the Secretary

10 shall, by regulation, determine, except that—

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

12 this title;

13 ‘‘(2) a State that desires to receive a grant

14 under this title shall submit an application that con15 tains—

16 ‘‘(A) an assurance that the State will pro17 vide an amount not less than the amount paid

18 to the State by the Secretary under this title,

19 as set forth under section 304, for the purpose

20 of supporting the alternative financing mecha21 nisms that are covered by the grant;

22 ‘‘(B) an assurance that an alternative fi23 nancing mechanism shall continue on a perma24 nent basis; and
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1 ‘‘(C) a description of the degree to which

2 the alternative financing mechanisms to be

3 funded under this title will expand and empha4 size consumer choice and control;

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

6 title—

7 ‘‘(A) shall contract with a community8 based organization (or a consortia of such orga9 nizations) that has individuals with disabilities

10 involved at all organizational levels for the ad11 ministration of the alternative financing mecha12 nisms that are supported by this title; and

13 ‘‘(B) shall require that such community14 based organization contract, for the purpose of

15 expanding opportunities under this title and fa16 cilitating the administration of the alternative

17 financing mechanisms, with—

18 ‘‘(i) commercial lending institutions or

19 organizations; or

20 ‘‘(ii) State financing agencies; and

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

22 grant under this title and a community-based orga23 nization described in paragraph (3)—

24 ‘‘(A) shall include the administration of

25 both the Federal and non-Federal matching
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1 share in a manner consistent with the provi2 sions of this title; and

3 ‘‘(B) shall include any provision required

4 by the Secretary dealing with oversight and

5 evaluation as may be necessary to protect the

6 financial interests of the United States.

7 ‘‘SEC. 303. GRANT ADMINISTRATION REQUIREMENTS.

8 ‘‘A State that receives a grant under this title, to9 gether with any community-based organization that con10 tracts to administer an alternative financing mechanism

11 that is supported by this title, shall develop and submit

12 to the Secretary, pursuant to a timeline that the Secretary

13 may establish or, if the Secretary does not establish a

14 timeline, within the 12-month period beginning on the

15 date that the State receives the grant, the following poli16 cies or procedures for administration of the mechanism:

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

18 timely fashion requests for financial assistance for

19 both immediate and potential technology needs, in20 cluding consideration of methods to reduce paper21 work and duplication of effort, particularly relating

22 to need, eligibility and determination of the specific

23 device or service to be provided.

24 ‘‘(2) A policy and procedure to assure that ac25 cess to the alternative funding mechanism shall be
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1 given to consumers regardless of type of disability,

2 age, location of residence in the State, or type of

3 assistive technology device or service requested and

4 shall be made available to applicants of all income

5 levels.

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

7 oversight.

8 ‘‘SEC. 304. FINANCIAL REQUIREMENTS.

9 ‘‘A State that desires to receive a grant under this

10 title shall submit an application that contains assurances

11 that funds supporting an alternative financing mechanism

12 under this title shall meet the following requirements:

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

14 Federal share for the mechanism—

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

16 private sources;

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

18 to the Federal funds provided under a grant

19 under this title; and

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

21 by the reduction of any services in, any pro22 gram providing similar services to individuals

23 with disabilities which is in operation on the

24 date of the submission of the application.
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1 ‘‘(2) Funds that support an alternative financ2 ing mechanism under this title—

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

4 supplant existing public funding options; and

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

6 last resort for assistance that is not available in

7 a reasonable or timely fashion from any other

8 Federal, State, or local source.

9 ‘‘(3) All funds that support an alternative fi10 nancing mechanism funded under this title, includ11 ing funds repaid during the life of the mechanism,

12 shall be placed in a permanent separate account and

13 identified and accounted for separately from any

14 other fund. Funds within this account may be in15 vested in low-risk securities in which a regulated in16 surance company may invest under the law of the

17 State for which the grant is provided and shall be

18 administered with the same judgment and care that

19 a person of prudence, discretion, and intelligence

20 would exercise in the management of the financial

21 affairs of such person.

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

23 described in paragraph (3) shall be available to sup24 port an alternative financing mechanism supported

25 under this title. Any interest or investment income
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1 that accrues on any funds covered under this para2 graph after such funds have been placed under the

3 control of the entity administering the mechanism,

4 but before such funds are distributed for purposes of

5 supporting the mechanism, shall be the property of

6 the entity administering the mechanism and shall

7 not be taken into account by any officer or employee

8 of the Federal Government for any purpose.

9 ‘‘SEC. 305. AMOUNT OF GRANTS.

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

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

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

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

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

15 necessary to fund acceptable applications for such year,

16 the Secretary shall make such excess amount available to

17 States receiving grants under this title in such year on

18 a competitive basis. A State that desires to receive addi19 tional funds under this subsection shall amend and resub20 mit to the Secretary the application submitted under sec21 tion 302. Such amended application shall contain an as22 surance that the State will provide an additional amount

23 for the purpose of supporting the alternative financing

24 mechanisms covered by the grant that is not less than any
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1 additional amount paid to the State by the Secretary

2 under this subsection.

3 ‘‘(c) INSUFFICIENT FUNDS.—If funds appropriated

4 under section 308 for a fiscal year are not sufficient to

5 fund each of the acceptable applications for such year, a

6 State whose application was approved as acceptable for

7 such year but that did not receive a grant under this title

8 may update such application for the succeeding fiscal year.

9 Priority shall be given in such succeeding fiscal year to

10 such updated applications, if acceptable.

11 ‘‘SEC. 306. TECHNICAL ASSISTANCE.

12 ‘‘(a) IN GENERAL.—The Secretary shall provide in13 formation and technical assistance to States under this

14 title. The information and technical assistance shall in15 clude—

16 ‘‘(1) assisting States in the preparation of ap17 plications for grants under this title;

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

19 developing and implementing alternative financing

20 mechanisms; and

21 ‘‘(3) providing any other information and tech22 nical assistance to assist States in accomplishing the

23 purposes of this title.

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

25 Secretary shall provide the information and technical as-
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1 sistance described in subsection (a) through grants, con2 tracts, or cooperative agreements with public or private

3 agencies and organizations, including institutions of high4 er education, with documented experience, expertise, and

5 capacity to assist States in the development and imple6 mentation of the alternative financing mechanisms de7 scribed in section 301.

8 ‘‘SEC. 307. ANNUAL REPORT.

9 ‘‘Not later than December 31 of each year, the Sec10 retary shall submit a report to the Congress stating

11 whether each State program to provide alternative financ12 ing mechanisms that was supported by this title during

13 the year is making significant progress in achieving the

14 objectives of this title. The report shall include—

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

16 under this title that were received by the Secretary;

17 ‘‘(2) the number of grants made and the

18 amounts of such grants;

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

20 by each State for a State program to provide alter21 native financing mechanisms to the amount of Fed22 eral funds provided for such program;

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

24 financing mechanisms that was adopted in each

25 State and the community-based organization (or
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1 consortia of such organizations) with whom each

2 State has contracted; and

3 ‘‘(5) the amount of assistance given to consum4 ers (who shall be classified by age, type of disability,

5 type of assistive technology device or service re6 ceived, geographic distribution within the State, gen7 der, and whether they are part of an

8 underrepresented population or a rural population).

9 ‘‘SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘(a) IN GENERAL.—There are authorized to be ap11 propriated to carry out this title $8,000,000 for fiscal year

12 1994, and such sums as may be necessary for each of the

13 fiscal years 1995 through 2002.

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

15 Amounts appropriated under subsection (a) shall remain

16 available for expenditure in the fiscal year immediately fol17 lowing the fiscal year for which such amounts were appro18 priated.

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

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

21 for the purpose of providing information and technical as22 sistance to States under section 306.’’.
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1 TITLE IV—AMENDMENTS TO

2 OTHER ACTS

3 SEC. 401. INDIVIDUALS WITH DISABILITIES EDUCATION

4 ACT.

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

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

7 (1) by striking ‘‘, and’’ at the end of subpara8 graph (D) and inserting a comma;

9 (2) by striking the period at the end of sub10 paragraph (E) and inserting ‘‘, and’’; and

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

12 ‘‘(F) training in the use, applications, and bene13 fits of assistive technology devices and services (as

14 defined in paragraphs (2) and (3) of section 3 of the

15 Technology-Related Assistance for Individuals With

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

17 SEC. 402. REHABILITATION ACT OF 1973.

18 (a) NATIONAL INSTITUTE ON DISABILITY AND RE19 HABILITATION RESEARCH.—Section 202(b)(8) of the Re20 habilitation Act of 1973 (29 U.S.C. 761a(b)(8)) is amend21 ed by striking ‘‘characteristics of individuals with disabil22 ities’’ and inserting ‘‘characteristics of individuals with

23 disabilities, including information on individuals with dis24 abilities who live in rural or inner-city settings, with par25 ticular attention given to underserved populations,’’.
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1 (b) TRAINING.—Section 302(b)(1)(B) of the Reha2 bilitation Act of 1973 (29 U.S.C. 771a(b)(1)(B)), as

3 added by section 302(b) of Public Law 102–569 (106

4 Stat. 4412), is amended—

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

6 and inserting a semicolon;

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

8 (iii) and inserting ‘‘; and’’; and

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

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

11 applications, and benefits of assistive technology

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

13 and 3(3) of the Technology-Related Assistance

14 for Individuals With Disabilities Act of 1988

15 (29 U.S.C. 2201 et seq.)).’’.

16 SEC. 403. TECHNICAL AND CONFORMING AMENDMENTS.

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

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

19 as added by section 102(n) of Public Law 102–569 (106

20 Stat. 4350), is amended by striking ‘‘3(1)’’ and inserting

21 ‘‘3(2)’’.

22 (b) ASSISTIVE TECHNOLOGY SERVICE.—Section

23 7(24) of the Rehabilitation Act of 1973 (29 U.S.C.

24 706(24)), as added by section 102(n) of Public Law 102–
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1 569 (106 Stat. 4350), is amended by striking ‘‘3(2)’’ and

2 inserting ‘‘3(3)’’.

3 TITLE V—EFFECTIVE DATE

4 SEC. 501. EFFECTIVE DATE.

5 This Act and the amendments made by this Act shall

6 take effect on October 1, 1993, or on the date of the enact7 ment of this Act, whichever occurs later.

Passed the House of Representatives August 2,

1993.

Attest:

Clerk.

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