103D CONGRESS

1ST SESSION H. R. 2339

AMENDMENT
In the Senate of the United States,

August 5 (legislative day, June 30), 1993.

Resolved, That the bill from the House of Representatives (H.R. 2339) entitled ‘‘An Act to revise and extend the

programs of the Technology-Related Assistance for Individuals With Disabilities Act of 1988, and for other purposes’’,

do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Technology-Related As3 sistance Act Amendments of 1993’’.

4 SEC. 2. REFERENCES.

5 Except as otherwise specifically provided, whenever in

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

7 an amendment to, or a repeal of, a section or other provi8 sion, the reference shall be considered to be made to a section

9 or other provision of the Technology-Related Assistance for
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1 Individuals With Disabilities Act of 1988 (29 U.S.C. 2201

2 et seq.).

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

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

5 is amended by striking the heading and inserting the follow6 ing:

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

8 (b) FINDINGS.—Section 2(a) is amended—

9 (1) in paragraph (3)(C), by striking ‘‘non10 disabled individuals’’ and inserting ‘‘individuals who

11 do not have disabilities’’;

12 (2) by redesignating paragraphs (4) through (8)

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

14 (3) by inserting after paragraph (3) the follow15 ing new paragraph:

16 ‘‘(4) The goals of the Nation properly include

17 providing individuals with disabilities with the tools,

18 including assistive technology devices and assistive

19 technology services, necessary to—

20 ‘‘(A) make informed choices and decisions;

21 and

22 ‘‘(B) achieve equality of opportunity, full

23 inclusion and integration in society, employ24 ment, independent living, and economic and so25 cial self-sufficiency, for such individuals.’’;
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1 (4) in paragraph (6) (as redesignated in para2 graph (2) of this subsection)—

3 (A) by striking ‘‘assistive technology devices

4 and services’’ and inserting ‘‘assistive technology

5 devices and assistive technology services’’; and

6 (B) by striking ‘‘families’’ and inserting

7 ‘‘the parents, family members, guardians, advo8 cates, and authorized representatives’’;

9 (5) in subparagraph (C) of paragraph (7) (as re10 designated in paragraph (2) of this subsection), to

11 read as follows:

12 ‘‘(C) information about the potential of

13 technology available to individuals with disabil14 ities, the parents, family members, guardians,

15 advocates, and authorized representatives of the

16 individuals, individuals who work for public

17 agencies, or for private entities (including insur18 ers), that have contact with individuals with dis19 abilities, educators and related services person20 nel, employers, and other appropriate individ21 uals;’’;

22 (6) in paragraph (8) (as redesignated in para23 graph (2) of this subsection) by striking ‘‘limited

24 markets’’ and inserting ‘‘a perception that such indi25 viduals constitute a limited market’’; and
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1 (7) in the second sentence of paragraph (9) (as

2 redesignated in paragraph (2) of this subsection), by

3 striking ‘‘to individuals with disabilities’’ and all

4 that follows and inserting the following: ‘‘to individ5 uals with disabilities, the parents, family members,

6 guardians, advocates, and authorized representatives

7 of the individuals, individuals who work for public

8 agencies, or for private entities (including insurers),

9 that have contact with individuals with disabilities,

10 educators and related services personnel, employers,

11 and other appropriate individuals.’’.

12 (c) PURPOSES.—Section 2(b) is amended by striking

13 paragraph (1) and inserting the following:

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

15 to support systemic change and advocacy activities

16 designed to assist each State in developing and imple17 menting a consumer-responsive comprehensive state18 wide program of technology-related assistance, for in19 dividuals of all ages who are individuals with disabil20 ities, that is designed to—

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

22 for, access to, and provision of assistive tech23 nology devices and assistive technology services

24 for individuals with disabilities;
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1 ‘‘(B) increase the active involvement of in2 dividuals with disabilities, and the parents, fam3 ily members, guardians, advocates, and author4 ized representatives of individuals with disabil5 ities in the planning, development, implementa6 tion and evaluation of such a program;

7 ‘‘(C) increase the involvement of individuals

8 with disabilities, and, if appropriate, the par9 ents, family members, guardians, advocates, or

10 authorized representatives of individuals with

11 disabilities, in decisions related to the provision

12 of assistive technology devices and assistive tech13 nology services;

14 ‘‘(D) increase and promote interagency co15 ordination among State agencies, and between

16 State agencies and private entities, that are in17 volved in carrying out activities under section

18 101, particularly providing assistive technology

19 devices and assistive technology services, that ac20 complish a purpose described in another sub21 paragraph of this paragraph;

22 ‘‘(E)(i) increase the awareness of laws, reg23 ulations, policies, practices, procedures, and or24 ganizational structures, that facilitate the avail-
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1 ability or provision of assistive technology de2 vices and assistive technology services; and

3 ‘‘(ii) facilitate the change of laws, regula4 tions, policies, practices, procedures, and organi5 zational structures, that impede the availability

6 or provision of assistive technology devices or

7 assistive technology services;

8 ‘‘(F) increase the probability that individ9 uals of all ages who are individuals with disabil10 ities will, to the extent appropriate, be able to se11 cure and maintain possession of assistive tech12 nology devices as such individuals make the

13 transition between services offered by human

14 service agencies or between settings of daily

15 living;

16 ‘‘(G) enhance the skills and competencies of

17 individuals involved in providing assistive tech18 nology devices and assistive technology services;

19 ‘‘(H) increase awareness and knowledge of

20 the efficacy of assistive technology devices, and

21 assistive technology services, among—

22 ‘‘(i) individuals with disabilities;

23 ‘‘(ii) the parents, family members,

24 guardians, advocates, or authorized rep25 resentatives of individuals with disabilities;
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1 ‘‘(iii) individuals who work for public

2 agencies, or for private entities (including

3 insurers), that have contact with individ4 uals with disabilities;

5 ‘‘(iv) educators and related services

6 personnel;

7 ‘‘(v) employers; and

8 ‘‘(vi) other appropriate individuals

9 and entities;

10 ‘‘(I) increase the capacity of public entities

11 and private entities to provide and pay for

12 assistive technology devices and assistive tech13 nology services, on a statewide basis for individ14 uals of all ages who are individuals with disabil15 ities; and

16 ‘‘(J) increase the awareness of the needs of

17 individuals with disabilities for assistive tech18 nology devices and for assistive technology serv19 ices.’’.

20 (d) POLICY.—At the end of section 2, add the following

21 new subsection:

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

23 all programs, projects, and activities receiving assistance

24 under this Act shall be carried out in a manner consistent

25 with the principles of—
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1 ‘‘(1) respect for individual dignity, personal re2 sponsibility, self-determination, and pursuit of mean3 ingful careers, based on informed choice, of individ4 uals with disabilities;

5 ‘‘(2) respect for the privacy, rights, and equal ac6 cess (including the use of accessible formats), of the

7 individuals;

8 ‘‘(3) inclusion, integration, and full participa9 tion of the individuals;

10 ‘‘(4) support for the involvement of a parent, a

11 family member, a guardian, an advocate, or an au12 thorized representative if an individual with a dis13 ability requests, desires, or needs such support; and

14 ‘‘(5) support for individual and systemic advo15 cacy and community involvement.’’.

16 SEC. 4. DEFINITIONS.

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

18 (1) in paragraph (2)(E), by striking ‘‘for an in19 dividual’’ and all that follows and inserting the fol20 lowing ‘‘for an individual with a disability, or, where

21 appropriate, the parent, family member, guardian,

22 advocate, or authorized representative of an individ23 ual with a disability; and’’;
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1 (2) by redesignating paragraphs (3) through (8)

2 as paragraphs (6), (7), (9), (10), (12), and (13), re3 spectively;

4 (3) by inserting after paragraph (2) the follow5 ing new paragraphs:

6 ‘‘(3) CONSUMER-RESPONSIVE COMPREHENSIVE

7 STATEWIDE PROGRAM OF TECHNOLOGY-RELATED AS8 SISTANCE.—The term ‘consumer-responsive com9 prehensive statewide program of technology-related as10 sistance’ means a statewide program of technology-re11 lated assistance developed and implemented by a

12 State under title I that—

13 ‘‘(A) is consumer-responsive; and

14 ‘‘(B)(i) addresses the needs of all individ15 uals with disabilities, including underserved

16 groups, who can benefit from the use of assistive

17 technology devices and assistive technology serv18 ices;

19 ‘‘(ii) addresses such needs without regard to

20 the age, type of disability, race, ethnicity, or gen21 der of such individuals, or the particular major

22 life activity for which such individuals need the

23 assistance; and
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1 ‘‘(iii) addresses such needs without requir2 ing that the assistance be provided through any

3 particular agency or service delivery system.

4 ‘‘(4) CONSUMER-RESPONSIVE.—The term

5 ‘consumer-responsive’ means, with respect to an en6 tity or program, that the entity or program—

7 ‘‘(A) is easily accessible to and usable by in8 dividuals with disabilities and, when appro9 priate, the parents, family members, guardians,

10 advocates, or authorized representatives of such

11 individuals;

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

13 with disabilities in a timely and appropriate

14 manner; and

15 ‘‘(C) facilitates the full and meaningful par16 ticipation of individuals with disabilities in—

17 ‘‘(i) decisions relating to the provision

18 of assistive technology devices and assistive

19 technology services to such individuals; and

20 ‘‘(ii) the planning, development, imple21 mentation, and evaluation of the consumer22 responsive comprehensive statewide program

23 of technology-related assistance for individ24 uals with disabilities.
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1 ‘‘(5) DISABILITY.—The term ‘disability’ means a

2 condition considered to be a disability or handicap

3 for the purposes of any Federal law other than this

4 Act or for the purposes of the law of the State in5 volved.’’;

6 (4) in paragraph (6) (as redesignated by para7 graph (2) of this subsection), to read as follows:

8 ‘‘(6) INDIVIDUAL WITH A DISABILITY; INDIVID9 UALS WITH DISABILITIES.—

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

11 term ‘individual with a disability’ means any

12 individual—

13 ‘‘(i) who is considered to have a dis14 ability for the purposes of any Federal law

15 other than this Act or for the purposes of

16 the law of the State in which the individual

17 resides; and

18 ‘‘(ii) who is or would be enabled by

19 assistive technology devices or assistive tech20 nology services to maintain a level of func21 tioning or to achieve a greater level of func22 tioning in any major life activity.

23 ‘‘(B) INDIVIDUALS WITH DISABILITIES.—

24 The term ‘individuals with disabilities’ means

25 more than one individual with a disability.’’;
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1 (5) in paragraph (7) (as redesignated by para2 graph (2) of this subsection) by striking ‘‘section

3 435(b)’’ and inserting ‘‘section 481’’;

4 (6) by inserting after such paragraph (7) the fol5 lowing new paragraph:

6 ‘‘(8) PROTECTION AND ADVOCACY SERVICES.—

7 The term ‘protection and advocacy services’ means

8 services that—

9 ‘‘(A) are described in part C of the Devel10 opmental Disabilities Assistance and Bill of

11 Rights Act (42 U.S.C. 6041 et seq.), the Protec12 tion and Advocacy for Mentally Ill Individuals

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

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

15 and

16 ‘‘(B) assist individuals with disabilities, or

17 the parents, family members, guardians, advo18 cates, or authorized representatives of the indi19 viduals, with respect to assistive technology de20 vices and assistive technology services.’’;

21 (7) in paragraph (10) (as redesignated by para22 graph (2) of this subsection)—

23 (A) by striking ‘‘several States’’ and insert24 ing ‘‘several States of the United States’’;
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1 (B) by striking ‘‘Virgin Islands’’ and in2 serting ‘‘United States Virgin Islands’’; and

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

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

5 Palau (until the Compact of Free Association

6 with Palau takes effect)’’;

7 (8) by inserting after such paragraph (10) the

8 following new paragraph:

9 ‘‘(11) SYSTEMIC CHANGE.—The term ‘systemic

10 change’ means efforts that result in public or private

11 agencies and organizations having greater capacity or

12 enhanced ability to be consumer-responsive and pro13 vide funding for or access to assistive technology de14 vices and assistive technology services, or otherwise

15 increase the availability of such technology, to benefit

16 individuals with disabilities, or the parents, family

17 members, guardians, advocates, or authorized rep18 resentatives of such individuals on a permanent

19 basis.’’; and

20 (9) in paragraph (12) (as redesignated by para21 graph (2) of this subsection)—

22 (A) by striking ‘‘functions performed and’’;

23 and

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

25 through (J) of’’ before ‘‘section 2(b)(1)’’.
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1 TITLE I—GRANTS TO STATES

2 SEC. 101. PROGRAM AUTHORIZED.

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

4 2211(a)) is amended—

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

6 the following: ‘‘to support systemic change and advo7 cacy activities designed’’; and

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

9 inserting ‘‘in developing and implementing’’.

10 (b) ACTIVITIES.—Section 101 is amended by striking

11 subsections (b) and (c) and inserting the following:

12 ‘‘(b) ACTIVITIES.—

13 ‘‘(1) USE OF FUNDS.—

14 ‘‘(A) IN GENERAL.—Any State that receives

15 a grant under section 102 or 103 shall use the

16 funds made available through the grant to ac17 complish the purposes described in section

18 2(b)(1) by carrying out any of the systemic

19 change and advocacy activities described in

20 paragraphs (2) through (12) in a manner that

21 is consumer-responsive.

22 ‘‘(B) PARTICULAR ACTIVITIES.—In carrying

23 out such systemic change and advocacy activi24 ties, the State shall particularly carry out activi25 ties regarding—
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1 ‘‘(i) the development, implementation,

2 and monitoring of State, regional, and local

3 laws, regulations, policies, practices, proce4 dures, and organizational structures, that

5 will improve access to and funding for

6 assistive technology devices and assistive

7 technology services;

8 ‘‘(ii) the development and implementa9 tion of strategies to overcome barriers to

10 funding of such devices and services, with

11 particular emphasis on addressing the needs

12 of underserved groups; and

13 ‘‘(iii) the development and implemen14 tation of strategies to enhance the ability of

15 individuals with disabilities, and the par16 ents, family members, guardians, advocates,

17 and authorized representatives of such indi18 viduals, to successfully advocate for access

19 to and funding for assistive technology de20 vices and assistive technology services.

21 ‘‘(2) ACCESS TO AND FUNDING FOR ASSISTIVE

22 TECHNOLOGY.—The State may support activities to

23 increase access to and funding for assistive tech24 nology, including—
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1 ‘‘(A) the identification of barriers to fund2 ing of assistive technology devices and assistive

3 technology services for individuals of all ages

4 who are individuals with disabilities, with prior5 ity for identification of barriers to funding

6 through State special education services, voca7 tional rehabilitation services, and medical assist8 ance services or, as appropriate, other health and

9 human services; and

10 ‘‘(B) the development, and evaluation of the

11 efficacy, of model delivery systems that provide

12 assistive technology devices and assistive tech13 nology services to individuals with disabilities,

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

15 if successful, could be replicated or generally ap16 plied, such as—

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

18 purchase, lease, other acquisition, or pay19 ment for the provision, of assistive tech20 nology devices and assistive technology serv21 ices; and

22 ‘‘(ii) the establishment of alternative

23 State or privately financed systems of sub24 sidies for the provision of assistive tech-
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1 nology devices and assistive technology serv2 ices, such as—

3 ‘‘(I) a loan system for assistive

4 technology devices (including assistive

5 technology demonstration and recy6 cling centers);

7 ‘‘(II) an income-contingent loan

8 fund;

9 ‘‘(III) a low-interest loan fund;

10 ‘‘(IV) a revolving loan fund;

11 ‘‘(V) a loan insurance program;

12 and

13 ‘‘(VI) a partnership with private

14 entities for the purchase, lease, or other

15 acquisition of assistive technology de16 vices and the provision of assistive

17 technology services.

18 ‘‘(3) REPRESENTATION.—The State may support

19 individual case management or representation of in20 dividuals with disabilities to secure their rights to

21 assistive technology devices and assistive technology

22 services.

23 ‘‘(4) INTERAGENCY COORDINATION.—The State

24 may support activities—
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1 ‘‘(A) to identify and coordinate Federal and

2 State policies, resources, and services, relating to

3 the provision of assistive technology devices and

4 assistive technology services, for individuals with

5 disabilities, including entering into interagency

6 agreements;

7 ‘‘(B) to support the establishment or con8 tinuation of partnerships and cooperative initia9 tives among public sector agencies and between

10 the public sector and the private sector to facili11 tate the development and implementation of a

12 consumer-responsive comprehensive statewide

13 program of technology-related assistance for in14 dividuals with disabilities;

15 ‘‘(C) to convene interagency work groups to

16 enhance public funding options and coordinate

17 access to funding for assistive technology devices

18 and assistive technology services for individuals

19 of all ages who are individuals with disabilities,

20 with special attention to the issues of transition,

21 home use, and individual involvement in the

22 identification, planning, use, delivery, and eval23 uation of such devices and services; or

24 ‘‘(D) to document and disseminate informa25 tion about interagency activities that promote
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1 coordination with respect to assistive technology

2 services and assistive technology devices, includ3 ing evidence of increased participation of State

4 and local special education, vocational rehabili5 tation, and State medical assistance agencies

6 and departments.

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

8 State may conduct a statewide needs assessment,

9 which may be based on data in existence on the date

10 on which the assessment is initiated and may in11 clude—

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

13 with disabilities within the State, categorized by

14 residence, type and extent of disabilities, age,

15 race, gender, and ethnicity;

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

17 out under a development grant, a description of

18 efforts, during the fiscal year preceding the first

19 fiscal year for which the State received such a

20 grant, to provide assistive technology devices and

21 assistive technology services to individuals with

22 disabilities within the State, including—

23 ‘‘(i) the number of individuals with

24 disabilities who received appropriate
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1 assistive technology devices and assistive

2 technology services; and

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

4 services provided; 

5 ‘‘(C) information on the number of individ6 uals with disabilities who are in need of assistive

7 technology devices and assistive technology serv8 ices, and a description of the devices and services

9 needed;

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

11 assistive technology devices and assistive tech12 nology services to all individuals with disabil13 ities within the State who need such devices and

14 services;

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

16 resources and private resources (including insur17 ance) that are available to establish a consumer18 responsive comprehensive statewide program of

19 technology-related assistance for individuals with

20 disabilities;

21 ‘‘(F) information identifying Federal and

22 State laws, regulations, policies, practices, proce23 dures, and organizational structures, that facili24 tate or interfere with the operation of a
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1 consumer-responsive comprehensive statewide

2 program of technology-related assistance;

3 ‘‘(G) a description of the procurement poli4 cies of the State and the extent to which such

5 policies will ensure, to the extent practicable,

6 that assistive technology devices purchased,

7 leased, or otherwise acquired with assistance

8 made available through a grant made under sec9 tion 102 or 103 are compatible with other tech10 nology devices, including technology devices de11 signed primarily for use by—

12 ‘‘(i) individuals who are not individ13 uals with disabilities;

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

15 ‘‘(iii) individuals with particular dis16 abilities; and

17 ‘‘(H) information resulting from an inquiry

18 about whether a State agency or a task force

19 (composed of individuals representing the State

20 and individuals representing the private sector)

21 should study the practices of private insurance

22 companies holding licenses within the State that

23 offer health or disability insurance policies under

24 which an individual may obtain reimbursement

25 for—
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1 ‘‘(i) the purchase, lease, or other acqui2 sition of assistive technology devices; or

3 ‘‘(ii) the use of assistive technology

4 services.

5 ‘‘(6) OUTREACH.—The State may provide assist6 ance to statewide and community-based organiza7 tions, or systems, that provide assistive technology de8 vices and assistive technology services to individuals

9 with disabilities. Such assistance may include out10 reach to consumer organizations and groups in the

11 State to coordinate the activities of the organizations

12 and groups with consumer-driven efforts (including

13 self-help, support groups, and peer mentoring) to as14 sist individuals with disabilities, or the parents, fam15 ily members, guardians, advocates, or authorized rep16 resentatives of the individuals, to obtain funding for

17 and access to assistive technology devices and assistive

18 technology services.

19 ‘‘(7) PUBLIC AWARENESS PROGRAM.—

20 ‘‘(A) IN GENERAL.—The State may—

21 ‘‘(i) support a public awareness pro22 gram designed to provide information relat23 ing to the availability and efficacy of

24 assistive technology devices and assistive

25 technology services for—
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1 ‘‘(I) individuals with disabilities;

2 ‘‘(II) the parents, family mem3 bers, guardians, advocates, or author4 ized representatives of such individ5 uals;

6 ‘‘(III) individuals who work for

7 public agencies, or for private entities

8 (including insurers), that have contact

9 with individuals with disabilities;

10 ‘‘(IV) educators and related serv11 ices personnel;

12 ‘‘(V) employers; and

13 ‘‘(VI) other appropriate individ14 uals and entities; or

15 ‘‘(ii) establish and support such a pro16 gram if no such program exists.

17 ‘‘(B) CONTENTS.—Such a program may in18 clude—

19 ‘‘(i) the development and dissemina20 tion of information relating to—

21 ‘‘(I) the nature of assistive tech22 nology devices and assistive technology

23 services;

24 ‘‘(II) the appropriateness, cost,

25 and availability of, and access to
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1 assistive technology devices and

2 assistive technology services; and

3 ‘‘(III) the efficacy of assistive

4 technology devices and assistive tech5 nology services with respect to enhanc6 ing the capacity of individuals with

7 disabilities;

8 ‘‘(ii) the development of procedures for

9 providing direct communication among

10 public providers of assistive technology de11 vices and assistive technology services and

12 between public providers and private pro13 viders of such devices and services (includ14 ing employers); and

15 ‘‘(iii) the development and dissemina16 tion of information relating to—

17 ‘‘(I) use of the program by indi18 viduals with disabilities, the parents,

19 family members, guardians, advocates,

20 or authorized representatives of such

21 individuals, professionals who work in

22 a field related to an activity described

23 in this section, and other appropriate

24 individuals; and
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1 ‘‘(II) the nature of the inquiries

2 made by the persons described in

3 subclause (I).

4 ‘‘(8) TRAINING AND TECHNICAL ASSISTANCE.—

5 The State may carry out directly, or may provide

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

7 training and technical assistance activities—

8 ‘‘(A) that—

9 ‘‘(i) are provided for individuals with

10 disabilities, the parents, family members,

11 guardians, advocates, and authorized rep12 resentatives of the individuals, and other

13 appropriate individuals; and

14 ‘‘(ii) may include—

15 ‘‘(I) training in the use of

16 assistive technology devices and

17 assistive technology services;

18 ‘‘(II) the development of written

19 materials, training, and technical as20 sistance describing the means by which

21 agencies consider the needs of an indi22 vidual with a disability for assistive

23 technology devices and assistive tech24 nology services in developing, for the

25 individual, any individualized edu-
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1 cation program described in section

2 614(a)(5) of the Individuals with Dis3 abilities Education Act (20 U.S.C.

4 1414(a)(5)), any individualized writ5 ten rehabilitation program described in

6 section 102 of the Rehabilitation Act of

7 1973 (29 U.S.C. 722), any individual8 ized family service plan described in

9 section 677 of the Individuals with

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

11 1477), and any other individualized

12 plans or programs;

13 ‘‘(III) training regarding the

14 rights of the persons described in clause

15 (i) to assistive technology devices and

16 assistive technology services under pub17 lic laws and regulations in existence at

18 the time of the training, to promote

19 fuller independence, productivity, and

20 inclusion in and integration into soci21 ety of such persons; and

22 ‘‘(IV) training to increase

23 consumer participation in the identi24 fication, planning, use, delivery, and

25 evaluation of assistive technology de-
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1 vices and assistive technology services;

2 and

3 ‘‘(B) that—

4 ‘‘(i) enhance the assistive technology

5 skills and competencies of—

6 ‘‘(I) individuals who work for

7 public agencies, or for private entities

8 (including insurers), that have contact

9 with individuals with disabilities;

10 ‘‘(II) educators and related serv11 ices personnel;

12 ‘‘(III) employers; and

13 ‘‘(IV) other appropriate personnel;

14 and

15 ‘‘(ii) include—

16 ‘‘(I) developing and implementing

17 strategies for including such training

18 within State training initiatives; and

19 ‘‘(II) taking actions to facilitate

20 the development of standards, or, when

21 appropriate, the application of such

22 standards, to ensure the availability of

23 qualified personnel.
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1 ‘‘(9) PROGRAM DATA.—The State may support

2 the compilation and evaluation of appropriate data

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

4 ‘‘(10) ACCESS TO TECHNOLOGY-RELATED INFOR5 MATION.—

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

7 operate, or expand a system for public access to

8 information concerning an activity carried out

9 under another paragraph of this subsection, in10 cluding information about assistive technology

11 devices and assistive technology services, funding

12 sources and costs of such assistance, and individ13 uals, organizations, and agencies capable of car14 rying out such an activity for individuals with

15 disabilities.

16 ‘‘(B) SYSTEM.—In developing, operating, or

17 expanding a system described in subparagraph

18 (A), the State may—

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

20 print, braille, audio, and video materials,

21 and materials in electronic formats, con22 taining the information described in sub23 paragraph (A);

24 ‘‘(ii) identify and classify existing

25 funding sources, and the conditions of and
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1 criteria for access to such sources, including

2 any funding mechanisms or strategies devel3 oped by the State;

4 ‘‘(iii) identify existing support groups

5 and systems designed to help individuals

6 with disabilities make effective use of an ac7 tivity carried out under another paragraph

8 of this subsection; and

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

10 which citizens of the State use or make in11 quiries of the system established in subpara12 graph (A), and of the nature of such inquir13 ies.

14 ‘‘(11) INTERSTATE AGREEMENTS.—The State

15 may enter into cooperative agreements with other

16 States to expand the capacity of the States involved

17 to assist individuals of all ages who are individuals

18 with disabilities to learn about, acquire, use, main19 tain, adapt, and upgrade assistive technology devices

20 and assistive technology services that such individuals

21 need at home, at school, at work, or in other environ22 ments that are part of daily living.

23 ‘‘(12) OTHER ACTIVITIES.—The State may uti24 lize amounts made available through grants made

25 under section 102 or 103 for any systemic change and
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1 advocacy activities, other than the activities described

2 in another paragraph of this subsection, that are nec3 essary for developing, implementing, or evaluating the

4 consumer-responsive comprehensive statewide pro5 gram of technology-related assistance.’’.

6 (c) CONFORMING AMENDMENT.—Section 231(b)(1) is

7 amended by striking ‘‘section 101(c)(1)’’ and inserting ‘‘sec8 tion 101(b)(2)(B)’’.

9 SEC. 102. DEVELOPMENT GRANTS.

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

11 (1) in subsection (a)—

12 (A) by striking ‘‘3-year grants’’ and insert13 ing ‘‘3-year grants to support systemic change

14 and advocacy activities described in section

15 101(b)’’; and

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

17 statewide programs’’ and inserting ‘‘in develop18 ing and implementing consumer-responsive com19 prehensive statewide programs’’;

20 (2) by striking subsection (b);

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

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

23 (4) in subsection (b) (as redesignated in para24 graph (3) of this section)—
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1 (A) in paragraph (3)(C), by striking ‘‘state2 wide program’’ and inserting ‘‘consumer-respon3 sive comprehensive statewide program’’; and

4 (B) in paragraph (5)—

5 (i) in subparagraph (A)—

6 (I) by striking ‘‘(A)’’ and insert7 ing ‘‘(A) STATE.—’’;

8 (II) by inserting ‘‘United States’’

9 before ‘‘Virgin Islands’’; and

10 (III) by striking ‘‘Trust Territory

11 of the Pacific Islands’’ and inserting

12 ‘‘Republic of Palau’’; and

13 (ii) in subparagraph (B)—

14 (I) by striking ‘‘(B)’’ and insert15 ing ‘‘(B) TERRITORY.—’’;

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

17 before ‘‘Virgin Islands’’; and

18 (III) by striking ‘‘Trust Territory

19 of the Pacific Islands’’ and inserting

20 ‘‘Republic of Palau (until the Compact

21 of Free Association takes effect)’’;

22 (5) in paragraph (2) of subsection (c) (as redes23 ignated in paragraph (3) of this section) by striking

24 ‘‘statewide programs’’ and inserting ‘‘consumer-re25 sponsive comprehensive statewide programs’’;
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1 (6) by inserting after such subsection (c) the fol2 lowing:

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

4 ‘‘(1) DESIGNATION.—In each State that desires

5 to receive a grant under this section, the Governor

6 shall designate a lead agency responsible for—

7 ‘‘(A) submitting the application described

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

9 ‘‘(B) administering and supervising the use

10 of amounts made available under the grant;

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

12 supervising the preparation of the application;

13 ‘‘(ii) coordinating the planning, develop14 ment, and implementation of the consumer-re15 sponsive comprehensive statewide program of

16 technology-related assistance among public agen17 cies and between public agencies and private

18 agencies, including coordinating efforts related to

19 entering into interagency agreements; and

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

21 supervising, the active, timely, and meaningful

22 participation by individuals with disabilities,

23 the parents, family members, guardians, advo24 cates, or authorized representatives of such indi25 viduals, and other appropriate individuals, with
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1 respect to activities carried out under the grant;

2 and

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

4 any responsibilities described in subparagraph

5 (A), (B), or (C) to one or more appropriate of6 fices, agencies, entities, or individuals.

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

8 agency, the Governor—

9 ‘‘(A) may designate—

10 ‘‘(i) a commission appointed by the

11 Governor;

12 ‘‘(ii) a public-private partnership or

13 consortium;

14 ‘‘(iii) a university-affiliated program;

15 ‘‘(iv) a public agency;

16 ‘‘(v) a council established under Fed17 eral or State law; or

18 ‘‘(vi) another appropriate office, agen19 cy, entity, or individual; and

20 ‘‘(B) shall designate an entity that provides

21 evidence of ability to—

22 ‘‘(i) respond to needs of individuals

23 with disabilities who represent a variety of

24 ages and types of disabilities;
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1 ‘‘(ii) respond statewide to the assistive

2 technology needs of individuals with disabil3 ities;

4 ‘‘(iii) promote and accomplish systemic

5 change;

6 ‘‘(iv) promote and accomplish the es7 tablishment of public-private partnerships;

8 ‘‘(v) exercise leadership in identifying

9 and responding to the technology needs of

10 individuals with disabilities and the par11 ents, family members, guardians, advocates,

12 and authorized representatives of such indi13 viduals;

14 ‘‘(vi) document consumer confidence

15 in, and responsiveness to, the consumer-re16 sponsive comprehensive statewide program

17 of technology-related assistance; and

18 ‘‘(vii) exercise leadership in imple19 menting effective strategies for capacity

20 building and training for appropriate enti21 ties, and enhancement of interagency co22 ordination of activities related to funding

23 for assistive technology devices and assistive

24 technology services.’’;

25 (7) in subsection (e)—
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1 (A) by striking paragraphs (1), (2), and (3)

2 and inserting the following:

3 ‘‘(1) DESIGNATION OF THE LEAD AGENCY.—In4 formation identifying the lead agency designated by

5 the Governor under subsection (d).

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

7 the nature and extent of involvement of various State

8 agencies, including the State insurance department,

9 in the preparation of the application and the con10 tinuing role of each such agency in the development,

11 implementation, and evaluation of the consumer-re12 sponsive comprehensive statewide program of tech13 nology-related assistance, including a description of

14 the process used by each agency for providing access

15 to and funding for assistive technology devices and

16 assistive technology services.

17 ‘‘(3) INVOLVEMENT.—

18 ‘‘(A) CONSUMER INVOLVEMENT.—A descrip19 tion of procedures that—

20 ‘‘(i) provide for—

21 ‘‘(I) the active involvement of in22 dividuals with disabilities, the parents,

23 family members, guardians, advocates,

24 and authorized representatives of the

25 individuals, and other appropriate in-
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1 dividuals, in the development, imple2 mentation, and evaluation of the pro3 gram; and

4 ‘‘(II) the active involvement, to

5 the maximum extent appropriate, of

6 individuals with disabilities who use

7 assistive technology devices and

8 assistive technology services, in deci9 sions relating to such devices and serv10 ices; and

11 ‘‘(ii) shall include—

12 ‘‘(I) mechanisms to provide sup13 port for the expenses related to such in14 volvement of individuals with disabil15 ities, including payment of travel ex16 penses, qualified interpreters, readers,

17 personal care assistants, or other simi18 lar services and action necessary to en19 sure participation by such individuals;

20 and

21 ‘‘(II) mechanisms for determining

22 consumer satisfaction and participa23 tion of individuals with disabilities

24 who represent a variety of ages and

25 types of disabilities, in the consumer-
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1 responsive comprehensive statewide

2 program of technology-related assist3 ance.

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

5 of the nature and extent of—

6 ‘‘(i) the involvement of—

7 ‘‘(I) individuals with disabilities;

8 ‘‘(II) the parents, family mem9 bers, guardians, advocates, or author10 ized representatives of such individ11 uals;

12 ‘‘(III) other appropriate individ13 uals who are not employed by a State

14 agency; and

15 ‘‘(IV) organizations, providers,

16 and interested parties, in the private

17 sector,

18 in the designation of the lead agency under

19 subsection (d), and in the development of

20 the application; and

21 ‘‘(ii) the continuing role of the individ22 uals and entities described in clause (i) in

23 the program.’’;

24 (B) in paragraphs (4) and (5), by striking

25 ‘‘statewide program’’ each place the term ap-
38

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1 pears and inserting ‘‘consumer-responsive com2 prehensive statewide program’’;

3 (C) by striking paragraphs (6) and (7) and

4 inserting the following:

5 ‘‘(6) GOALS, OBJECTIVES, ACTIVITIES, AND OUT6 COMES.—Information on the program to be carried

7 out under the grant with respect to—

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

9 the program;

10 ‘‘(B) the systemic change and advocacy ac11 tivities described in section 101(b) that the State

12 plans to carry out under the program, including,

13 at a minimum, activities related to access to,

14 and funding for, assistive technology devices and

15 assistive technology services, case management or

16 representation, and interagency coordination as

17 described in section 101(b), unless the State dem18 onstrates through the progress reports required

19 under section 104 that—

20 ‘‘(i) significant progress has been made

21 in the development and implementation of

22 such a program; and

23 ‘‘(ii) other systemic change and advo24 cacy activities described in section 101(b)

25 will increase the likelihood that the program
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1 will accomplish the purposes set out in

2 2(b)(1); and

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

4 the program,

5 consistent with the purposes described in section

6 2(b)(1).

7 ‘‘(7) DATA COLLECTION AND EVALUATIONS.—A

8 description of—

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

10 compiling information about the program, con11 sistent with such requirements as the Secretary

12 may establish for such system, and, to the extent

13 that a national classification system is developed

14 pursuant to section 201, consistent with such

15 classification system; and

16 ‘‘(B) the procedures that will be used to con17 duct evaluations of the program.’’;

18 (D) in paragraphs (11)(B)(i) and (12)(B)

19 by striking ‘‘individual with disabilities’’ and

20 inserting ‘‘individual with a disability’’;

21 (E) in paragraph (16)(A), by striking

22 ‘‘families or representatives’’ and inserting ‘‘par23 ents, family members, guardians, advocates, or

24 authorized representatives’’;
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1 (F) by redesignating paragraph (17) as

2 paragraph (22); and

3 (G) by inserting after paragraph (16) the

4 following new paragraphs:

5 ‘‘(17) AUTHORITY TO USE FUNDS.—An assur6 ance that the lead agency designated under subsection

7 (d) will have the authority to use funds made avail8 able through a grant made under section 102 or 103

9 to comply with the requirements of section 102 or

10 103, respectively, including the ability to hire quali11 fied staff necessary to carry out activities under the

12 program.

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

14 Either—

15 ‘‘(A) an assurance that the State will annu16 ally provide, from the funds made available to

17 the State through a grant made under section

18 102 or 103, not less than an amount equal to the

19 lesser of—

20 ‘‘(i) $75,000; or

21 ‘‘(ii) 10 percent of such funds,

22 in order to make a grant or enter into a contract

23 to support protection and advocacy services to

24 assist individuals with disabilities in receiving

25 appropriate assistive technology devices and
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1 assistive technology services through the systems

2 established to provide protection and advocacy

3 under the Developmental Disabilities Assistance

4 and Bill of Rights Act (42 U.S.C. 6000 et seq.),

5 the Protection and Advocacy for Mentally Ill In6 dividuals Act (42 U.S.C. 10801 et seq.), and sec7 tion 509 of the Rehabilitation Act of 1973 (29

8 U.S.C. 794e); or

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

10 that the Secretary annually reserve, from the

11 funds made available to the State through a

12 grant made under section 102 or 103, not less

13 than the amount described in subparagraph (A)

14 in order for the Secretary to make a grant or

15 enter into a contract to support the protection

16 and advocacy services described in subparagraph

17 (A) through entities described in subparagraph

18 (A).

19 ‘‘(19) LIMIT ON INDIRECT COSTS.—An assurance

20 that the State will not use more than 8 percent of the

21 funds made available to the State through a grant

22 made under section 102 or 103 for the indirect costs

23 of the program.

24 ‘‘(20) COORDINATION WITH STATE COUNCILS.—

25 An assurance that the lead agency will coordinate the
42

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1 activities funded through a grant made under section

2 102 or 103 with the activities carried out by other

3 councils within the State, including—

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

5 the assurance provided by the State in accord6 ance with section 101(36) of the Rehabilitation

7 Act of 1973 (29 U.S.C. 721(36));

8 ‘‘(B) the Statewide Independent Living

9 Council established under section 705 of the Re10 habilitation Act (29 U.S.C. 796d);

11 ‘‘(C) the advisory panel established under

12 section 613(a)(12) of the Individuals with Dis13 abilities Education Act (20 U.S.C. 1413(a)(12));

14 ‘‘(D) the State Planning Council described

15 in section 124 of the Developmental Disabilities

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

17 6024);

18 ‘‘(E) the State mental health planning

19 council established under section 1914 of the

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

21 and

22 ‘‘(F) any council established under section

23 204, 206(g)(2)(A), or 712(a)(3)(H) of the Older

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

25 3017(g)(2)(A), and 3058g(a)(3)(H).
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1 ‘‘(21) COORDINATION WITH OTHER SYSTEMIC

2 CHANGE PROJECTS.—An assurance that the lead

3 agency will coordinate the activities funded through a

4 grant made under section 102 or 103 with the activi5 ties carried out by other systemic change projects

6 funded through Federal or State sources.’’; and

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

8 ‘‘(f) PROTECTION AND ADVOCACY REQUIREMENTS.—

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

10 30, 1993, has provided for protection and advocacy

11 services through a program that—

12 ‘‘(A) is comparable to the program described

13 in subsection (e)(18); and

14 ‘‘(B) is not carried out by an entity de15 scribed in such subsection,

16 shall be considered to meet the requirements of such

17 subsection.

18 ‘‘(2) PROTECTION AND ADVOCACY SERVICE PRO19 VIDER REPORT.—

20 ‘‘(A) PREPARATION.—An entity that re21 ceives funds reserved under subsection (e)(18)(B)

22 to carry out the protection and advocacy services

23 described in subsection (e)(18)(A) in a State

24 shall prepare reports that—
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1 ‘‘(i) describe the activities carried out

2 by the entity with such funds; and

3 ‘‘(ii) contain such additional informa4 tion as the Secretary may require.

5 ‘‘(B) SUBMISSION.—The entity shall submit

6 the reports to the program described in sub7 section (a) in the State not less often than every

8 6 months.

9 ‘‘(C) UPDATES.—The entity shall provide

10 monthly updates to the program described in

11 subsection (a) concerning the activities and in12 formation described in subparagraph (A).

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

14 Before making a grant or entering into a contract

15 under subsection (e)(18)(B) to support the protection

16 and advocacy services described in subsection

17 (e)(18)(A) in a State, the Secretary shall solicit and

18 consider the opinions of the lead agency designated

19 under subsection (d) in the State with respect to the

20 terms of the grant or contract.’’.

21 SEC. 103. EXTENSION GRANTS.

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

23 follows:

24 ‘‘SEC. 103. EXTENSION GRANTS.

25 ‘‘(a) EXTENSION GRANTS.—
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1 ‘‘(1) INITIAL EXTENSION GRANT.—The Secretary

2 may award an initial 2-year extension grant to any

3 State that meets the standards specified in subsection

4 (b)(1).

5 ‘‘(2) ADDITIONAL EXTENSION GRANT.—The Sec6 retary may award an additional 3-year extension

7 grant to any State that meets the standards specified

8 in subsection (b)(2).

9 ‘‘(b) STANDARDS.—

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

11 State to receive an initial extension grant under this

12 section, the designated lead agency of the State

13 shall—

14 ‘‘(A) provide the evidence described in sec15 tion 102(d)(2)(B); and

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

17 significant progress, and has carried out sys18 temic change and advocacy activities described

19 in section 101(b) that have resulted in signifi20 cant progress, toward development and the im21 plementation of a consumer-responsive com22 prehensive statewide program of technology-relat23 ed assistance, consistent with sections 2(b)(1),

24 101, and 102.
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1 ‘‘(2) ADDITIONAL EXTENSION GRANT.—In order

2 for a State to receive an additional extension grant

3 under this section, the designated lead agency shall—

4 ‘‘(A) provide the evidence and make the

5 demonstration described in paragraph (1);

6 ‘‘(B) describe the steps the State has taken

7 or will take to continue on a permanent basis the

8 consumer-responsive comprehensive statewide

9 program of technology-related assistance with the

10 ability to maintain, at a minimum, the out11 comes achieved by the systemic change and advo12 cacy activities; and

13 ‘‘(C) identify future funding options and

14 commitments for the program from the public

15 and private sector and the key individuals, agen16 cies, and organizations to be involved in, and to

17 direct future efforts of, the program.

18 ‘‘(c) AMOUNTS OF GRANTS.—

19 ‘‘(1) IN GENERAL.—

20 ‘‘(A) STATES.—From amounts appro21 priated under section 106 for any fiscal year, the

22 Secretary shall pay to each State that receives a

23 grant under this section an amount that is not

24 less than $500,000 and not more than

25 $1,500,000.
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1 ‘‘(B) TERRITORIES.—From amounts appro2 priated under section 106 for any fiscal year, the

3 Secretary shall pay to each territory that

4 receives a grant under this section an amount

5 that is not more than $150,000.

6 ‘‘(C) DEFINITIONS.—For purposes of this

7 paragraph:

8 ‘‘(i) STATE.—The term ‘State’ does not

9 include the United States Virgin Islands,

10 Guam, American Samoa, the Common11 wealth of the Northern Mariana Islands, or

12 the Republic of Palau.

13 ‘‘(ii) TERRITORY.—The term ‘territory’

14 means the United States Virgin Islands,

15 Guam, American Samoa, the Common16 wealth of the Northern Mariana Islands,

17 and the Republic of Palau (until the Com18 pact of Free Association takes effect).

19 ‘‘(2) CALCULATION OF AMOUNT.—The Secretary

20 shall calculate the amount described in subparagraph

21 (A) or (B) of paragraph (1) with respect to a State

22 on the basis of—

23 ‘‘(A) amounts available for making grants

24 pursuant to this section;

25 ‘‘(B) the population of the State;
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1 ‘‘(C) the types of assistance to be provided

2 in the State; and

3 ‘‘(D) the amount of resources committed by

4 the State and available to the State from other

5 sources.

6 ‘‘(3) PRIORITY FOR PREVIOUSLY PARTICIPATING

7 STATES.—Amounts appropriated in any fiscal year

8 for purposes of carrying out the provisions of this sec9 tion shall first be made available to States that re10 ceived grants under this section during the fiscal year

11 preceding the fiscal year concerned.

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

13 extension grant under this section shall submit an applica14 tion that contains the following information and assurances

15 with respect to the consumer-responsive comprehensive

16 statewide program of technology-related assistance in the

17 State:

18 ‘‘(1) INFORMATION AND ASSURANCES.—The in19 formation and assurances described in section 102(e),

20 except the preliminary needs assessment described in

21 section 102(e)(4).

22 ‘‘(2) NEEDS; PROBLEMS; STRATEGIES; OUT23 REACH.—

24 ‘‘(A) NEEDS.—A description of needs relat25 ing to technology-related assistance of individ-
49

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1 uals with disabilities (including individuals

2 from underserved groups), the parents, family

3 members, guardians, advocates, or authorized

4 representatives of individuals with disabilities,

5 and other appropriate individuals within the

6 State.

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

8 problems that remain with the development and

9 implementation of a consumer-responsive com10 prehensive statewide program of technology-relat11 ed assistance in the State.

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

13 strategies that the State will pursue during the

14 grant period to remedy the problems with the de15 velopment and implementation of such a pro16 gram.

17 ‘‘(D) OUTREACH ACTIVITIES.—A descrip18 tion of outreach activities to be conducted by the

19 State, including dissemination of information to

20 eligible populations, with special attention to

21 underserved groups.

22 ‘‘(3) ACTIVITIES AND PROGRESS UNDER PRE23 VIOUS GRANT.—A description of—

24 ‘‘(A) the specific systemic change and advo25 cacy activities described in section 101(b) carried
50

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1 out under the development grant received by the

2 State under section 102, or, in the case of an ap3 plication for a grant under subsection (a)(2),

4 under an initial extension grant received by the

5 State under this section, including—

6 ‘‘(i) a description of State actions that

7 were undertaken to produce systemic change

8 on a permanent basis for individuals of all

9 ages who are individuals with disabilities;

10 ‘‘(ii) a description of activities under11 taken to improve the involvement of indi12 viduals with disabilities in the program, in13 cluding training and technical assistance

14 efforts to improve individual access to

15 assistive technology devices and assistive

16 technology services as mandated under pub17 lic laws and regulations as in effect on the

18 date of the application; and

19 ‘‘(iii) an evaluation of impact and re20 sults of the activities described in clauses (i)

21 and (ii);

22 ‘‘(B) the relationship of such systemic

23 change and advocacy activities to the develop24 ment and implementation of a consumer-respon-
51

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1 sive comprehensive statewide program of tech2 nology-related assistance; and

3 ‘‘(C) the progress made toward the develop4 ment and implementation of such a program.

5 ‘‘(4) PUBLIC INVOLVEMENT.—

6 ‘‘(A) REPORT.—In the case of an applica7 tion for a grant under subsection (a)(1), a report

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

9 in the case of an application for a grant under

10 subsection (a)(2), a report on the hearing de11 scribed in subsection (e)(2).

12 ‘‘(B) OTHER STATE ACTIONS.—A descrip13 tion of State actions, other than such a hearing,

14 designed to determine the degree of satisfaction of

15 individuals with disabilities, the parents, family

16 members, guardians, advocates, or authorized

17 representatives of such individuals, public service

18 providers and private service providers, edu19 cators and related services providers, employers,

20 and other appropriate individuals and entities

21 with—

22 ‘‘(i) the degree of their ongoing involve23 ment in the development and implementa24 tion of the consumer-responsive comprehen-
52

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1 sive statewide program of technology-related

2 assistance;

3 ‘‘(ii) the specific systemic change and

4 advocacy activities described in section

5 101(b) carried out by the State under the

6 development grant or the initial extension

7 grant;

8 ‘‘(iii) progress made toward the devel9 opment and implementation of a consumer10 responsive comprehensive statewide program

11 of technology-related assistance; and

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

13 carry out the activities described in section

14 102(d)(2)(B).

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

16 received concerning the issues described in paragraph

17 (4) and response of the State to such comments, solic18 ited through a public hearing referred to in para19 graph (4) or through other means, from individuals

20 affected by the consumer-responsive comprehensive

21 statewide program of technology-related assistance,

22 including—

23 ‘‘(A) individuals with disabilities;
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1 ‘‘(B) the parents, family members, guard2 ians, advocates, or authorized representatives of

3 such individuals;

4 ‘‘(C) public service providers and private

5 service providers;

6 ‘‘(D) educators and related services person7 nel;

8 ‘‘(E) employers; and

9 ‘‘(F) other appropriate individuals and en10 tities.

11 ‘‘(6) COMPATIBILITY AND ACCESSIBILITY OF

12 ELECTRONIC EQUIPMENT.—An assurance that the

13 State will comply with guidelines established under

14 section 508 of the Rehabilitation Act of 1973 (29

15 U.S.C. 794d).

16 ‘‘(e) PUBLIC HEARING.—

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

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

19 shall hold a public hearing in the third year of a pro20 gram carried out under a grant made under section

21 102, after providing appropriate and sufficient notice

22 to allow interested groups and organizations and all

23 segments of the public an opportunity to comment on

24 the program.
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1 ‘‘(2) ADDITIONAL EXTENSION GRANT.—To be eli2 gible to receive a grant under subsection (a)(2), a

3 State shall hold a public hearing in the second year

4 of a program carried out under a grant made under

5 subsection (a)(1), after providing the notice described

6 in paragraph (1).’’.

7 SEC. 104. PROGRESS CRITERIA AND REPORTS.

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

9 follows:

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

11 ‘‘(a) REGULATIONS.—The Secretary shall by regula12 tion establish criteria for determining, for purposes of this

13 title, whether a State that received a grant under section

14 102 or 103 is making significant progress in developing and

15 implementing a consumer-responsive comprehensive state16 wide program of technology-related assistance. Such cri17 teria shall include standards for assessing the impact of the

18 systemic change and advocacy activities described in section

19 101(b) in the State in achieving the purposes described in

20 section 2(b)(1).

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

22 under section 102 or 103 to carry out a program shall sub23 mit to the Secretary annually a report that—

24 ‘‘(1) documents the significant progress made by

25 the State in developing and implementing the pro-
55

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1 gram, consistent with the standards and criteria es2 tablished under subsection (a); and

3 ‘‘(2) includes information on—

4 ‘‘(A) identification of the successful systemic

5 change and advocacy activities carried out

6 through the program to increase funding for, and

7 access to, assistive technology devices and

8 assistive technology services, including an analy9 sis of laws, regulations, policies, practices, proce10 dures, and organizational structures, that—

11 ‘‘(i) have changed as a result of the

12 program to facilitate the acquisition of

13 assistive technology;

14 ‘‘(ii) the program has attempted to

15 change during the grant period; or

16 ‘‘(iii) need to be changed in the next

17 grant period;

18 ‘‘(B) the degree of consumer involvement of

19 individuals with disabilities who represent a va20 riety of ages and type of disabilities, in terms

21 of—

22 ‘‘(i) the numbers of consumers in23 volved;

24 ‘‘(ii) the activities that the consumers

25 are involved in; and
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1 ‘‘(iii) the outreach activities of the

2 State intended to increase consumer partici3 pation in the consumer-responsive com4 prehensive statewide program of technology5 related assistance;

6 ‘‘(C) the degree of consumer satisfaction

7 with the program;

8 ‘‘(D) the degree of involvement of various

9 State agencies, including the State insurance de10 partment, in the preparation of the application

11 for the program and the continuing role of each

12 agency in the development and implementation

13 of the program, including—

14 ‘‘(i) a description of the process used

15 by each agency for providing access to and

16 funding for assistive technology devices and

17 assistive technology services; and

18 ‘‘(ii) a description of the activities un19 dertaken to enhance interagency coordina20 tion of the provision of assistive technology

21 devices and assistive technology services;

22 ‘‘(E) documentation of efforts to collect and

23 disseminate information on successful efforts to

24 secure assistive technology devices and assistive

25 technology services that occurred as a result of
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1 systemic change and advocacy activities identi2 fied in paragraph (2); and

3 ‘‘(F) identification and documentation of

4 State and local laws, regulations, policies, prac5 tices, procedures, and organizational structures

6 that have been developed or changed in order to

7 inform individuals with disabilities, or the par8 ents, family members, guardians, advocates, or

9 authorized representatives of the individuals, of

10 Federal requirements pertaining to assistive

11 technology devices and assistive technology serv12 ices, particularly under parts B and H of the

13 Individuals with Disabilities Education Act (20

14 U.S.C. 1411 et seq. and 1471 et seq.) and title

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

16 720 et seq.).’’.

17 SEC. 105. ADMINISTRATIVE PROVISIONS.

18 (a) REVIEW OF PARTICIPATING STATES.—Section

19 105(a) (29 U.S.C. 2215(a)) is amended—

20 (1) in paragraph (1), by inserting before the pe21 riod the following: ‘‘, consistent with the standards

22 and criteria established under section 104(a)’’;

23 (2) in paragraph (2), to read as follows:

24 ‘‘(2) ONSITE VISITS.—
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1 ‘‘(A) VISITS.—The Secretary shall conduct

2 an onsite visit during the final year of each

3 State’s participation in the development grant

4 program. The Secretary shall conduct an addi5 tional onsite visit to any State that received an

6 extension grant under section 103 and whose ini7 tial onsite visit occurred prior to the date of en8 actment of the Technology-Related Assistance

9 Amendments of 1993.

10 ‘‘(B) TEAM.—Two-thirds of the onsite mon11 itoring team in each case shall be qualified peer

12 reviewers, who—

13 ‘‘(i) shall not be agency personnel;

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

15 the State being monitored; and

16 ‘‘(iii) shall include an individual with

17 a disability, or a parent, family member,

18 guardian, advocate, or an authorized rep19 resentative of such an individual.

20 ‘‘(C) COMPENSATION.—

21 ‘‘(i) OFFICERS OR EMPLOYEES.—Mem22 bers of any onsite monitoring team who are

23 officers or full-time employees of the United

24 States shall serve without compensation in

25 addition to that received for their services
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1 as officers or employees of the United

2 States, but they may be allowed travel ex3 penses, including per diem in lieu of sub4 sistence, as authorized by section 5702 of

5 title 5, United States Code, for individuals

6 in the Government service traveling on offi7 cial business.

8 ‘‘(ii) OTHER MEMBERS.—Members of

9 any onsite monitoring team who are not of10 ficers or full-time employees of the United

11 States shall receive compensation at a rate

12 not to exceed the daily equivalent of the rate

13 of pay for level IV of the Executive Schedule

14 under section 5315 of title 5, United States

15 Code, for each day (including traveltime)

16 during which such members are engaged in

17 the actual performance of their duties as

18 members of an onsite monitoring team. In

19 addition, such members may be allowed

20 travel expenses, including per diem in lieu

21 of subsistence, as authorized by section 5703

22 of title 5, United States Code, for individ23 uals in the Government service employed

24 intermittently.
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1 ‘‘(D) REPORT.—The Secretary shall prepare

2 a report of findings from the onsite visit. The

3 Secretary shall consider the findings in deter4 mining whether to continue funding the program

5 either with or without changes. The report shall

6 be available to the public.’’;

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

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

9 (4) by inserting after paragraph (2) the follow10 ing:

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

12 shall provide advance public notice of the onsite visit

13 and solicit public comment through such notice from

14 individuals with disabilities, and the parents, family

15 members, guardians, advocates, and authorized rep16 resentatives of such individuals, public service provid17 ers and private service providers, educators and relat18 ed services personnel, employers, and other appro19 priate individuals and entities, regarding the State

20 program funded through a grant made under section

21 102 or 103. The public comment solicitation notice

22 shall be included in the onsite visit report described

23 in paragraph (2).’’; and

24 (5) in paragraph (4) (as redesignated by para25 graph (3) of this subsection) by striking ‘‘statewide
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1 program’’ and inserting ‘‘consumer-responsive com2 prehensive statewide program’’.

3 (b) CORRECTIVE ACTION PLAN.—Section 105(b) is

4 amended—

5 (1) in paragraph (2)—

6 (A) in the heading, by striking ‘‘PEN7 ALTIES’’ and inserting ‘‘CORRECTIVE ACTIONS’’;

8 (B) by striking ‘‘or’’ at the end of subpara9 graph (B);

10 (C) by striking the period at the end of sub11 paragraph (C) and inserting ‘‘; or’’; and

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

13 ‘‘(D) required redesignation of the lead

14 agency designated under section 102(d), after no15 tice and an opportunity for comment, in order

16 to continue to receive funds through a grant

17 made under section 102 or 103.’’; and

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

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

20 (c) ADDITIONAL ADMINISTRATIVE PROVISIONS.—Sec21 tion 105 is amended by adding at the end the following:

22 ‘‘(d) CHANGE OF PROTECTION AND ADVOCACY SERV23 ICES PROVIDER.—

24 ‘‘(1) DETERMINATION.—The Governor of a State,

25 based on input from individuals with disabilities, or
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1 the parents, family members, guardians, advocates, or

2 authorized representati ves of such individuals, may

3 determine that the entity providing protection and

4 advocacy services required by section 102(e)(18) has

5 not met the protection and advocacy service needs of

6 the individuals with disabilities, or the parents, fam7 ily members, guardians, advocates, or authorized

8 representativ es of such individuals for securing fund9 ing for and access to assistive technology devices and

10 assistive technology services, and that there is good

11 cause to provide the required services for the State

12 through a contract with another nonprofit agency, or13 ganization or institution of higher education.

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

15 On making such a determination, the Governor

16 shall—

17 ‘‘(A) give the agency providing protection

18 and advocacy services—

19 ‘‘(i) 30 days notice of the intention of

20 the Governor to change the agency provid21 ing such services, including specification of

22 the good cause for such a change; and

23 ‘‘(ii) an opportunity to respond to the

24 determination that good cause has been

25 shown;
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1 ‘‘(B) provide individuals with disabilities,

2 or the parents, family members, guardians, ad3 vocates, or authorized representati ves of such in4 dividuals, with timely notice of the proposed

5 change and an opportunity for public comment;

6 and

7 ‘‘(C) provide the agency with the oppor8 tunity to appeal the determination on the basis

9 that the change was not for good cause.

10 ‘‘(3) REVIEW.—At the request of the agency, the

11 Secretary shall review the protection and advocacy

12 services provided by the entity pursuant to section

13 102(e)(18), based on the criteria for such services set

14 out in the grant or contract to support such services

15 that is described in such section.

16 ‘‘(4) REVIEW.—Based on such review, the Sec17 retary may refuse to change the agency providing the

18 protection and advocacy services.

19 ‘‘(e) ANNUAL REPORT.—

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

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

22 to the President and to the Congress, a report on Fed23 eral initiatives, including the initiatives funded

24 under this Act, to improve the access of individuals
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1 with disabilities to assistive technology devices and

2 assistive technology services.

3 ‘‘(2) CONTENTS.—Such report shall include in4 formation on—

5 ‘‘(A) the demonstrated successes of such Fed6 eral initiatives at the Federal and State levels in

7 improving interagency coordination, streamlin8 ing access to funding for assistive technology,

9 and producing beneficial outcomes for users of

10 assistive technology;

11 ‘‘(B) the demonstration activities carried

12 out through the Federal initiatives to—

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

14 public programs that were in existence on

15 the date of the initiation of the demonstra16 tion activities; and

17 ‘‘(ii) establish additional options for

18 obtaining such funding;

19 ‘‘(C) the education and training activities

20 carried out through the Federal initiatives to

21 promote such access in public programs and the

22 health care system and the efforts carried out

23 through such activities to train professionals in

24 a variety of relevant disciplines, and increase the
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1 competencies of the professionals with respect to

2 technology-related assistance;

3 ‘‘(D) the education and training activities

4 carried out through the Federal initiatives to

5 train individuals with disabilities, the parents,

6 family members, guardians, advocates, or au7 thorized representatives of individuals with dis8 abilities, individuals who work for public agen9 cies, or for private entities (including insurers),

10 that have contact with individuals with disabil11 ities, educators and related services personnel,

12 employers, and other appropriate individuals,

13 about technology-related assistance;

14 ‘‘(E) the research activities carried out

15 through the Federal initiatives to improve under16 standing of the cost-benefit results of access to

17 assistive technology for individuals with disabil18 ities who represent a variety of ages and types

19 of disabilities;

20 ‘‘(F) the program outreach activities to

21 rural and inner-city areas that are carried out

22 through the Federal initiatives;

23 ‘‘(G) the activities carried out through the

24 Federal initiatives that are targeted to reach un25 derserved groups; and
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1 ‘‘(H) the consumer involvement activities in

2 the programs carried out under this Act.

3 ‘‘(3) AVAILABILITY OF ASSISTIVE TECHNOLOGY

4 DEVICES AND ASSISTIVE TECHNOLOGY SERVICES.—As

5 soon as practicable, and to the extent that a national

6 classification system for assistive technology devices

7 and assistive technology services is developed pursu8 ant to section 201, the Secretary shall include in the

9 annual report required by this subsection information

10 on the availability of assistive technology devices and

11 assistive technology services for individuals with dis12 abilities, and shall report such information in a man13 ner consistent with such national classification sys14 tem.

15 ‘‘(f) INTERAGENCY DISABILITY COORDINATING COUN16 CIL.—

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

18 the Interagency Disability Coordinating Council es19 tablished under section 507 of the Rehabilitation Act

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

21 the President and to the Congress a report contain22 ing—

23 ‘‘(A) the response of the Interagency Dis24 ability Coordinating Council to—
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1 ‘‘(i) the findings of the National Coun2 cil on Disability resulting from the study

3 entitled ‘Study on the Financing of

4 Assistive Technology Devices and Services

5 for Individuals with Disabilities’, carried

6 out in accordance with section 201 of this

7 Act, as in effect on the day before the date

8 of enactment of this subsection; and

9 ‘‘(ii) the recommendations of the Na10 tional Council on Disability for legislative

11 and administrative change, resulting from

12 such study; and

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

14 the Interagency Disability Coordinating Council

15 that facilitate the accomplishment of section

16 2(b)(2) with respect to the Federal Government.

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

18 comments submitted by the National Council on Dis19 ability as to the appropriateness of the response de20 scribed in paragraph (1)(A) and the effectiveness of

21 the activities described in paragraph (1)(B) in meet22 ing the needs of individuals with disabilities for

23 assistive technology devices and assistive technology

24 services.’’.
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1 SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

3 106(a) (29 U.S.C. 2216(a)) is amended by striking

4 ‘‘$9,000,000’’ and all that follows and inserting ‘‘such sums

5 as may be necessary for each of the fiscal years 1994

6 through 1996.’’.

7 (b) RESERVATIONS.—Section 106(b) (29 U.S.C.

8 2216(b)) is amended to read as follows:

9 ‘‘(b) RESERVATIONS.—

10 ‘‘(1) PROVISION OF INFORMATION AND TECH11 NICAL ASSISTANCE.—

12 ‘‘(A) IN GENERAL.—Of the funds appro13 priated for any fiscal year under subsection (a),

14 the Secretary shall reserve 2 percent or

15 $1,500,000, whichever is greater, of such funds,

16 for the purpose of providing information and

17 technical assistance as described in subpara18 graphs (B) and (C) to States, individuals with

19 disabilities, the parents, family members, guard20 ians, advocates, or authorized representatives of

21 such individuals, community-based organiza22 tions, and protection and advocacy agencies.

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

24 In providing such information and technical as25 sistance to States the Secretary shall consider the

26 input of the directors of consumer-responsive
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1 comprehensive statewide programs of technology2 related assistance, and shall provide information

3 and technical assistance that—

4 ‘‘(i) facilitate service delivery capacity

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

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

12 training and service delivery, outreach to

13 underserved groups, and public awareness

14 activities;

15 ‘‘(iii) improve the awareness and

16 adoption of successful approaches to in17 creasing the availability of public and pri18 vate funding for and access to the provision

19 of assistive technology devices and assistive

20 technology services by appropriate State

21 agencies;

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

23 implementing, and evaluating appropriate

24 activities to further extend consumer-respon25 sive comprehensive statewide programs of
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1 technology-related assistance for individuals

2 with disabilities; and

3 ‘‘(v) promote effective approaches to the

4 development of consumer-controlled systems

5 that increase access to, funding for, and

6 awareness of assistive technology devices

7 and assistive technology services.

8 ‘‘(C) INFORMATION AND TECHNICAL ASSIST9 ANCE TO INDIVIDUALS WITH DISABILITIES AND

10 OTHER PERSONS.—The Secretary shall provide

11 such information and technical assistance to in12 dividuals with disabilities, the parents, family

13 members, guardians, advocates, or authorized

14 representatives of such individuals, community15 based organizations, and protection and advo16 cacy agencies, on a nationwide basis, to—

17 ‘‘(i) foster awareness and understand18 ing of Federal, State, and local laws, regu19 lations, policies, practices, procedures, and

20 organizational structures, that facilitate,

21 and overcome barriers to, funding for and

22 access to assistive technology devices and

23 assistive technology services, to promote

24 fuller independence, productivity, and in-
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1 clusion for individuals of all ages who are

2 individuals with disabilities;

3 ‘‘(ii) facilitate effective systemic change

4 activities;

5 ‘‘(iii) improve the understanding and

6 use of assistive technology funding decisions

7 made as a result of policies, practices, and

8 procedures, or through regulations,

9 administrative hearings, or legal actions,

10 that enhance access to funding for assistive

11 technology devices and assistive technology

12 services for individuals with disabilities;

13 ‘‘(iv) promote effective approaches to

14 Federal-State coordination of programs for

15 individuals with disabilities, through infor16 mation dissemination and technical assist17 ance activities in response to funding policy

18 issues identified on a nationwide basis by

19 organizations, and individuals, that im20 prove funding for or access to assistive tech21 nology devices and assistive technology serv22 ices for individuals of all ages who are indi23 viduals with disabilities; and

24 ‘‘(v) promote effective approaches to the

25 development of consumer-controlled systems
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1 that increase access to, funding for, and

2 awareness of assistive technology devices

3 and assistive technology services, including

4 the identification and description of mecha5 nisms and means that successfully support

6 self-help and peer mentoring groups for in7 dividuals with disabilities.

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

9 coordinate the information and technical assist10 ance activities carried out under subparagraph

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

12 this Act.

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

14 AGREEMENTS.—

15 ‘‘(i) IN GENERAL.—The Secretary shall

16 provide the technical assistance and infor17 mation described in subparagraphs (B) and

18 (C) through grants, contracts, or cooperative

19 agreements with public or private agencies

20 and organizations, including institutions of

21 higher education, with documented experi22 ence, expertise, and capacity to carry out

23 identified activities related to the provision

24 of such technical assistance and informa25 tion.
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1 ‘‘(ii) ENTITIES WITH EXPERTISE IN

2 ASSISTIVE TECHNOLOGY SERVICE DELIVERY,

3 INTERAGENCY COORDINATION, AND SYS4 TEMIC CHANGE ACTIVITIES.—For the pur5 pose of achieving the objectives described in

6 paragraph (1)(B), the Secretary shall re7 serve not less than 45 percent and not more

8 than 55 percent of the funds reserved under

9 subparagraph (A) for each fiscal year for

10 grants to, or contracts or cooperative agree11 ments with, public or private agencies or

12 organizations with documented experience

13 with and expertise in assistive technology

14 service delivery, interagency coordination,

15 and systemic change activities.

16 ‘‘(iii) ENTITIES WITH EXPERTISE IN

17 ASSISTIVE TECHNOLOGY SYSTEMIC CHANGE,

18 PUBLIC FUNDING OPTIONS, AND OTHER

19 SERVICES.—For the purpose of achieving

20 the objectives described in paragraph (1)(C),

21 the Secretary shall reserve not less than 45

22 percent and not more than 55 percent of the

23 funds reserved under subparagraph (A) for

24 each fiscal year for grants to, or contracts

25 or cooperative agreements with, public or
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1 private agencies or organizations with docu2 mented experience with and expertise in—

3 ‘‘(I) assistive technology systemic

4 change;

5 ‘‘(II) public funding options; and

6 ‘‘(III) services to increase nation7 wide the availability of funding for

8 assistive technology devices and

9 assistive technology services.

10 ‘‘(iv) ENTITY WITH EXPERTISE IN

11 FUNDING.—The Secretary may reserve

12 funds equally from the amounts reserved

13 under clauses (ii) and (iii) for a fiscal year

14 in an amount up to $300,000 for an addi15 tional grant to, or contract or cooperative

16 agreement with, a public or private organi17 zation with demonstrated expertise in fund18 ing. An organization that receives funding

19 through such a grant, contract, or agree20 ment shall use the funding to provide infor21 mation and technical assistance specifically

22 related to funding to assist the agencies,

23 and organizations described in clauses (ii)

24 and (iii) in carrying out activities under

25 this paragraph.
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1 ‘‘(v) APPLICATION.—The Secretary

2 shall make any grants, and enter into any

3 contracts or cooperative agreements, under

4 this subsection on a competitive basis. To be

5 eligible to receive funds under this sub6 section an agency, organization, or institu7 tion shall submit an application to the Sec8 retary at such time, in such manner, and

9 containing such information as the Sec10 retary may require.

11 ‘‘(2) ONSITE VISITS.—The Secretary may re12 serve, from amounts appropriated for any fiscal year

13 under subsection (a), such sums as the Secretary con14 siders to be necessary for the purposes of conducting

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

16 SEC. 107. REPEALS.

17 Section 107 (29 U.S.C. 2217) is repealed.

18 TITLE II—PROGRAMS OF

19 NATIONAL SIGNIFICANCE

20 SEC. 201. NATIONAL CLASSIFICATION SYSTEM.

21 Part A of title II (29 U.S.C. 2231 et seq.) is amended

22 to read as follows:

23 ‘‘PART A—NATIONAL CLASSIFICATION SYSTEM

24 ‘‘SEC. 201. CLASSIFICATION SYSTEM.

25 ‘‘(a) PILOT PROJECT.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall conduct

2 a pilot project to develop and test a national classi3 fication system for assistive technology devices and

4 assistive technology services, with the goal of obtain5 ing uniform data through such a system on such de6 vices and services across public programs and infor7 mation and referral networks.

8 ‘‘(2) CONTRACTS AND COOPERATIVE AGREE9 MENTS.—The Secretary may carry out this section

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

11 cooperative agreements with appropriate entities.

12 ‘‘(b) SINGLE TAXONOMY.—In conducting the pilot

13 project, the Secretary shall develop a national classification

14 system that includes a single taxonomy and nomenclature

15 for assistive technology devices and assistive technology

16 services.

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

18 the pilot project, the Secretary shall develop a data collec19 tion instrument to—

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

21 technology devices and assistive technology services;

22 and

23 ‘‘(2) collect such data from public programs, in24 cluding, at a minimum, programs carried out

25 under—
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1 ‘‘(A) title I, VI, or VII of the Rehabilitation

2 Act of 1973 (29 U.S.C. 720 et seq., 795 et seq.,

3 or 796 et seq.);

4 ‘‘(B) part B or H of the Individuals with

5 Disabilities Education Act (20 U.S.C. 1411 et

6 seq. or 1471 et seq.);

7 ‘‘(C) title V or XIX of the Social Security

8 Act (42 U.S.C. 701 et seq. or 1396 et seq.);

9 ‘‘(D) the Older Americans Act of 1965 (42

10 U.S.C. 3001 et seq.); or

11 ‘‘(E) the Developmental Disabilities Assist12 ance and Bill of Rights Act (42 U.S.C. 6000 et

13 seq.).

14 ‘‘(d) CONSULTATION AND COORDINATION.—

15 ‘‘(1) CONSULTATION.—The Secretary shall con16 duct the pilot project in consultation with the Inter17 agency Disability Coordinating Council established

18 under section 507 of the Rehabilitation Act of 1973

19 (29 U.S.C. 794c) and the National Council on Dis20 ability established under section 400 of such Act (29

21 U.S.C. 780).

22 ‘‘(2) COORDINATION.—The Secretary shall co23 ordinate activities related to conducting the pilot

24 project with—
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1 ‘‘(A) activities carried out through State

2 programs funded under title I;

3 ‘‘(B) the provision of technical assistance

4 under section 106(b);

5 ‘‘(C) data collection activities that are being

6 carried out on the date on which the Secretary

7 initiates the pilot project;

8 ‘‘(D) activities being carried out through

9 data collection systems in existence on such date;

10 and

11 ‘‘(E) activities of appropriate entities, in12 cluding entities involved in the information and

13 referral field.

14 ‘‘(e) TIMING.—The Secretary shall complete the pilot

15 project not later than 24 months after the date of enactment

16 of this section.

17 ‘‘(f) REPORT TO CONGRESS ON IMPLEMENTATION OF

18 UNIFORM DATA COLLECTION SYSTEM.—Not later than

19 January 1, 1996, the Secretary shall prepare and submit

20 to the appropriate committees of Congress a report contain21 ing—

22 ‘‘(1) the results of the pilot project; and

23 ‘‘(2) the recommendations of the Secretary con24 cerning the feasibility of implementing a uniform
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1 data collection system based on such a national clas2 sification system.

3 ‘‘(g) RESERVATION.—From the amounts appropriated

4 under part D, the Secretary shall reserve $200,000 to carry

5 out this part.’’.

6 SEC. 202. TRAINING AND PUBLIC AWARENESS PROJECTS.

7 Section 221 (29 U.S.C. 2251) is amended—

8 (1) in subsection (a)—

9 (A) in paragraph (1)—

10 (i) by striking ‘‘institutions of higher

11 education’’ and inserting ‘‘institutions of

12 higher education and community-based or13 ganizations’’;

14 (ii) in subparagraph (A), by striking

15 ‘‘and’’ at the end;

16 (iii) by striking the period at the end

17 of subparagraph (B), and inserting the fol18 lowing: ‘‘, to enhance opportunities for

19 independence, productivity, and inclusion of

20 individuals with disabilities; and’’; and

21 (iv) by adding at the end the following:

22 ‘‘(C) providing training to develop aware23 ness, skills, and competencies of service provid24 ers, consumers, and volunteers, who are located

25 in rural areas, to increase the availability of
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1 technology-related assistance in community-based

2 settings for rural residents who are individuals

3 with disabilities.’’;

4 (B) in paragraph (2)—

5 (i) by striking ‘‘needs of individuals

6 with disabilities’’ and all that follows and

7 inserting the following: ‘‘needs of individ8 uals with disabilities, the parents, family

9 members, guardians, advocates, and author10 ized representatives of the individuals, indi11 viduals who work for public agencies, or for

12 private entities (including insurers), that

13 have contact with individuals with disabil14 ities, educators and related services person15 nel, employers, and other appropriate indi16 viduals.’’; and

17 (C) by adding at the end the following new

18 paragraphs:

19 ‘‘(3) USES OF FUNDS.—An agency or organiza20 tion that receives a grant under paragraph (1) may

21 use amounts made available through the grant to—

22 ‘‘(A) pay for a portion of the cost of courses

23 of training or study related to technology-related

24 assistance; and
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1 ‘‘(B) establish and maintain scholarships

2 related to such courses of training or study, with

3 such stipends and allowances as the Secretary

4 may determine to be appropriate.

5 ‘‘(4) APPLICATION.—

6 ‘‘(A) IN GENERAL.—To be eligible to receive

7 a grant under this section, an agency or organi8 zation shall submit an application to the Sec9 retary at such time, in such manner, and con10 taining such information as the Secretary may

11 require.

12 ‘‘(B) STRATEGIES.—At a minimum, any

13 such application shall include a detailed descrip14 tion of the strategies that the agency or organiza15 tion will use to recruit and train persons to pro16 vide technology-related assistance, in order to—

17 ‘‘(i) increase the extent to which such

18 persons reflect the diverse populations of the

19 United States; and

20 ‘‘(ii) increase the number of individ21 uals with disabilities, and individuals who

22 are members of minority groups, who are

23 available to provide such assistance.’’; and

24 (2) in subsection (b)—
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1 (A) in paragraph (1), by inserting ‘‘public

2 and private agencies and organizations, includ3 ing’’ before ‘‘institutions of higher education’’;

4 (B) in paragraph (2), by striking ‘‘prepara5 tion of personnel’’ and all that follows and in6 serting the following: ‘‘interdisciplinary prepara7 tion of personnel who provide or who will pro8 vide technical assistance, who administer pro9 grams, or who prepare other personnel, in order

10 to—

11 ‘‘(A) support the development and imple12 mentation of consumer-responsive comprehensive

13 statewide programs of technology-related assist14 ance to individuals with disabilities; and

15 ‘‘(B) enhance the skills and competencies of

16 individuals involved in the provision of tech17 nology-related assistance, including assistive

18 technology devices and assistive technology serv19 ices, to individuals with disabilities.’’;

20 (C) in paragraph (3), to read as follows:

21 ‘‘(3) USES OF FUNDS.—An agency or organiza22 tion that receives a grant under paragraph (1) may

23 use amounts made available through the grant to—
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1 ‘‘(A) pay for a portion of the cost of courses

2 of training or study related to technology-related

3 assistance; and

4 ‘‘(B) establish and maintain scholarships

5 related to such courses of training or study, with

6 such stipends and allowances as the Secretary

7 may determine to be appropriate.’’; and

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

9 ‘‘(4) APPLICATION.—

10 ‘‘(A) IN GENERAL.—To be eligible to receive

11 a grant under this section, an agency or organi12 zation shall submit an application to the Sec13 retary at such time, in such manner, and con14 taining such information as the Secretary may

15 require.

16 ‘‘(B) STRATEGIES.—At a minimum, any

17 such application shall include a detailed descrip18 tion of the strategies that the agency or organiza19 tion will use to recruit and train persons to pro20 vide technology-related assistance, in order to—

21 ‘‘(i) increase the extent to which such

22 persons reflect the diverse populations of the

23 United States; and

24 ‘‘(ii) increase the number of individ25 uals with disabilities, and individuals who
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1 are members of minority groups, who are

2 available to provide such assistance.’’.

3 SEC. 203. DEMONSTRATION AND INNOVATION PROJECTS.

4 Section 231(b)(3) (29 U.S.C. 2261(b)(3)) is amended

5 to read as follows:

6 ‘‘(3) DIRECT LOAN PROJECTS.—Demonstration

7 projects carried out in accordance with regulations is8 sued by the Secretary (which may include a require9 ment that the Secretary provide not more than 90

10 percent of the costs of carrying out any such project

11 under this section) to—

12 ‘‘(A) examine alternative direct loan pro13 grams, including—

14 ‘‘(i) programs involving low-interest

15 loan funds;

16 ‘‘(ii) programs involving revolving

17 loan funds; and

18 ‘‘(iii) loan insurance programs,

19 that would provide loans to individuals with dis20 abilities, the parents, family members, guard21 ians, advocates, or authorized representatives of

22 individuals with disabilities, or employers of in23 dividuals with disabilities; and

24 ‘‘(B) evaluate the efficacy of the particular

25 loan systems involved.’’.
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1 SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

2 Section 241 (29 U.S.C. 2271) is amended to read as

3 follows:

4 ‘‘SEC. 241. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘There are authorized to be appropriated to carry out

6 this title such sums as may be necessary for each of the

7 fiscal years 1994, 1995, and 1996.’’.

8 SEC. 205. REPEALS AND REDESIGNATIONS.

9 Title II (29 U.S.C. 2231 et seq.) is amended—

10 (1) by repealing part B;

11 (2) by redesignating parts C, D, and E as parts

12 B, C, and D, respectively;

13 (3) by repealing section 222;

14 (4) by redesignating sections 221 and 223 as sec15 tions 211 and 212, respectively; and

16 (5) by redesignating sections 231 and 241 as sec17 tions 221 and 231, respectively.

18 TITLE III—REQUIREMENTS

19 UNDER HEAD START ACT

20 SEC. 301. ADMINISTRATIVE REQUIREMENTS UNDER THE

21 HEAD START ACT.

22 Section 644(f) of the Head Start Act (42 U.S.C.

23 9839(f)) is amended—

24 (1) in paragraph (1)—

25 (A) by inserting ‘‘, or to approve a prior

26 purchase of’’ after ‘‘to purchase,’’; and
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1 (B) by inserting before the period at the end

2 thereof the following: ‘‘, and shall suspend any

3 proceedings pending against any Head Start

4 agency to claim costs incurred in purchasing

5 such facilities until the agency has been afforded

6 an opportunity to apply for approval of the pur7 chase and the Secretary has determined whether

8 the purchase will be approved. The Secretary

9 shall not be required to repay claims previously

10 satisfied by Head Start agencies for costs in11 curred in the purchase of facilities’’; and

12 (2) in paragraph (2)—

13 (A) in subparagraph (A), by inserting ‘‘or

14 that was previously purchased’’ before the semi15 colon; and

16 (B) in subparagraph (C)—

17 (i) by inserting ‘‘, or the previous pur18 chase has resulted,’’ after ‘‘purchase will re19 sult’’ in clause (i); and

20 (ii) by inserting ‘‘, or would have pre21 vented,’’ after ‘‘will prevent’’ in clause (ii).

Attest:

Secretary.
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