112
•HRES 351 ATH
‘‘(2) ASSURANCES.—If an agency, entity, or in-
stitution uses multiple providers, the agency, entity,
or institution shall assure that—
‘‘(A) all consumers within a State will re-
ceive equal access to services, regardless of the
geographic location or socioeconomic status of
the consumers; and
‘‘(B) all activities of the providers will be
coordinated and monitored by the agency, en-
tity, or institution.
‘‘(d) OTHER LAWS.—Nothing in this section shall af-
fect the provision of services or devices pursuant to title
I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)
or part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.).
‘‘(e) EXISTING PROGRAMS.—Public agencies, private
entities, or institutions of higher education that have es-
tablished recycling programs prior to receiving assistance
under this section may use funds made available under
this section to extend and strengthen such programs
through grants, contracts, or agreements under this sec-
tion.
113
•HRES 351 ATH
‘‘SEC. 214. BUSINESS OPPORTUNITIES FOR INDIVIDUALS
WITH DISABILITIES.
‘‘The Secretary may make grants to individuals with
disabilities to enable the individuals to establish or operate
commercial or other enterprises that develop or market
assistive technology devices or assistive technology serv-
ices.
‘‘SEC. 215. PRODUCTS OF UNIVERSAL DESIGN.
‘‘The Secretary may make grants to commercial or
other enterprises and institutions of higher education for
the research and development of products of universal de-
sign. In awarding such grants, the Secretary shall give
preference to enterprises that are owned or operated by
individuals with disabilities.
‘‘SEC. 216. GOVERNING STANDARDS FOR ACTIVITIES.
‘‘Persons and entities that carry out activities pursu-
ant to this subtitle shall—
‘‘(1) be held to the same consumer-responsive
standards as the persons and entities carrying out
programs under title I;
‘‘(2) make available to individuals with disabil-
ities and their family members, guardians, advo-
cates, and authorized representatives information
concerning technology-related assistance in a form
that will allow such individuals with disabilities to
effectively use such information;
114
•HRES 351 ATH
‘‘(3) in preparing such information for dissemi-
nation, consider the media-related needs of individ-
uals with disabilities who have sensory and cognitive
limitations and consider the use of auditory mate-
rials, including audio cassettes, visual materials, in-
cluding video cassettes and video discs, and braille
materials; and
‘‘(4) coordinate their efforts with the consumer-
responsive comprehensive statewide program of tech-
nology-related assistance for individuals with disabil-
ities in any State in which the activities are carried
out.
‘‘Subtitle C—Authorization of
Appropriations
‘‘SEC. 221. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title $10,000,000 for fiscal year 1994, and such sums
as may be necessary for each of the fiscal years 1995
through 1998.’’.
TITLE III—ALTERNATIVE
FINANCING MECHANISMS
SEC. 301. ALTERNATIVE FINANCING MECHANISMS AUTHOR-
IZED.
The Act (29 U.S.C. 2201 et seq.) is amended by add-
ing at the end the following:
115
•HRES 351 ATH
‘‘TITLE III—ALTERNATIVE
FINANCING MECHANISMS
‘‘SEC. 301. GENERAL AUTHORITY TO PROVIDE ALTER-
NATIVE FINANCING MECHANISMS.
‘‘(a) IN
GENERAL.—The Secretary shall award
grants to States to pay for the Federal share of the cost
of the establishment and administration of, or the expan-
sion and administration of, alternative financing mecha-
nisms (referred to individually in this title as an ‘alter-
native financing mechanism’) to allow individuals with dis-
abilities and their family members, guardians, and author-
ized representatives to purchase assistive technology de-
vices and assistive technology services.
‘‘(b) MECHANISMS.—The alternative financing mech-
anisms may include—
‘‘(1) a low-interest loan fund;
‘‘(2) a revolving fund;
‘‘(3) a loan insurance program;
‘‘(4) a partnership with private entities for the
purchase, lease, or other acquisition of assistive
technology devices or the provision of assistive tech-
nology services; and
‘‘(5) other alternative financing mechanisms
that meet the requirements of this Act and are ap-
proved by the Secretary.
116
•HRES 351 ATH
‘‘(c) CONSTRUCTION.—Nothing in this section shall
be construed as affecting the authority of a State to estab-
lish alternative financing mechanisms under title I.
‘‘SEC. 302. APPLICATIONS AND PROCEDURES.
‘‘(a) ELIGIBILITY.—States that receive or have re-
ceived grants under section 102 or 103 shall be eligible
to compete for grants under section 301.
‘‘(b) REQUIREMENTS.—The Secretary shall make
grants under section 301 under such conditions as the
Secretary shall, by regulation, determine, except that—
‘‘(1) a State may receive only 1 grant under
section 301 and may only receive such a grant for
1 year under this title;
‘‘(2) a State that desires to receive a grant
under section 301 shall submit an application to the
Secretary, at such time and in such manner as the
Secretary may require, containing—
‘‘(A) an assurance that the State will pro-
vide at least 50 percent of the cost described in
section 301(a), as set forth in section 304, for
the purpose of supporting the alternative fi-
nancing mechanisms that are covered by the
grant;
117
•HRES 351 ATH
‘‘(B) an assurance that an alternative fi-
nancing mechanism will continue on a perma-
nent basis; and
‘‘(C) a description of the degree to which
the alternative financing mechanisms to be
funded under section 301 will expand and em-
phasize consumer choice and control;
‘‘(3) a State that receives a grant under section
301—
‘‘(A) shall enter into a contract, with a
community-based organization (or a consortia
of such organizations) that has individuals with
disabilities involved at all organizational levels,
for the administration of the alternative financ-
ing mechanisms that are supported under sec-
tion 301; and
‘‘(B) shall require that such community-
based organization enter into a contract, for the
purpose of expanding opportunities under sec-
tion 301 and facilitating the administration of
the alternative financing mechanisms, with—
‘‘(i) commercial lending institutions or
organizations; or
‘‘(ii) State financing agencies; and
118
•HRES 351 ATH
‘‘(4) a contract between a State that receives a
grant under section 301 and a community-based or-
ganization described in paragraph (3)—
‘‘(A) shall include a provision regarding
the administration of the Federal and the non-
Federal shares in a manner consistent with the
provisions of this title; and
‘‘(B) shall include any provision required
by the Secretary dealing with oversight and
evaluation as may be necessary to protect the
financial interests of the United States.
‘‘SEC. 303. GRANT ADMINISTRATION REQUIREMENTS.
‘‘A State that receives a grant under section 301, to-
gether with any community-based organization that enters
into a contract with the State to administer an alternative
financing mechanism that is supported under section 301,
shall develop and submit to the Secretary, pursuant to a
timeline that the Secretary may establish or, if the Sec-
retary does not establish a timeline, within the 12-month
period beginning on the date that the State receives the
grant, the following policies or procedures for administra-
tion of the mechanism:
‘‘(1) A procedure to review and process in a
timely fashion requests for financial assistance for
both immediate and potential technology needs, in-
119
•HRES 351 ATH
cluding consideration of methods to reduce paper-
work and duplication of effort, particularly relating
to need, eligibility, and determination of the specific
device or service to be provided.
‘‘(2) A policy and procedure to assure that ac-
cess to the alternative financing mechanism shall be
given to consumers regardless of type of disability,
age, location of residence in the State, or type of
assistive technology device or assistive technology
service requested and shall be made available to ap-
plicants of all income levels.
‘‘(3) A procedure to assure consumer-controlled
oversight.
‘‘SEC. 304. FINANCIAL REQUIREMENTS.
‘‘(a) FEDERAL SHARE.—The Federal share of the
costs described in section 301(a) shall be not more than
50 percent.
‘‘(b) REQUIREMENTS.—A State that desires to re-
ceive a grant under section 301 shall include in the appli-
cation submitted under section 302 assurances that the
State will meet the following requirements regarding funds
supporting an alternative funding mechanism assisted
under section 301:
‘‘(1) The State shall make available the funds
necessary to provide the non-Federal share of the
120
•HRES 351 ATH
costs described in section 301(a), in cash, from
State, local, or private sources.
‘‘(2) Funds that support an alternative financ-
ing mechanism assisted under section 301—
‘‘(A) shall be used to supplement and not
supplant other Federal, State, and local public
funds expended to provide public funding op-
tions; and
‘‘(B) may only be distributed through the
entity carrying out the alternative financing
mechanism as a payer of last resort for assist-
ance that is not available in a reasonable or
timely fashion from any other Federal, State, or
local source.
‘‘(3) All funds that support an alternative fi-
nancing mechanism assisted under section 301, in-
cluding funds repaid during the life of the mecha-
nism, shall be placed in a permanent separate ac-
count and identified and accounted for separately
from any other fund. Funds within this account may
be invested in low-risk securities in which a regu-
lated insurance company may invest under the law
of the State for which the grant is provided and
shall be administered with the same judgment and
care that a person of prudence, discretion, and intel-
121
•HRES 351 ATH
ligence would exercise in the management of the fi-
nancial affairs of such person.
‘‘(4) Funds comprised of the principal and in-
terest from an account described in paragraph (3)
shall be available to support an alternative financing
mechanism assisted under section 301. Any interest
or investment income that accrues on such funds
after such funds have been placed under the control
of the entity administering the mechanism, but be-
fore such funds are distributed for purposes of sup-
porting the mechanism, shall be the property of the
entity administering the mechanism and shall not be
taken into account by any officer or employee of the
Federal Government for any purpose.
‘‘SEC. 305. AMOUNT OF GRANTS.
‘‘(a) AMOUNT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a grant under section 301 shall be for an
amount that is not more than $500,000.
‘‘(2) INCREASES.—Such a grant may be in-
creased by any additional funds made available
under subsection (b).
‘‘(b) EXCESS FUNDS.—If funds appropriated under
section 308 for a fiscal year exceed the amount necessary
to fund the activities described in acceptable applications
122
•HRES 351 ATH
submitted under section 302 for such year, the Secretary
shall make such excess amount available, on a competitive
basis, to States receiving grants under section 301 for
such year. A State that desires to receive additional funds
under this subsection shall amend and resubmit to the
Secretary the application submitted under section 302.
Such amended application shall contain an assurance that
the State will provide an additional amount for the pur-
pose of supporting the alternative financing mechanisms
covered by the grant that is not less than the amount of
any additional funds paid to the State by the Secretary
under this subsection.
‘‘(c) INSUFFICIENT FUNDS.—If funds appropriated
under section 308 for a fiscal year are not sufficient to
fund each of the activities described in the acceptable ap-
plications for such year, a State whose application was ap-
proved as acceptable for such year but that did not receive
a grant under section 301, may update such application
for the succeeding fiscal year. Priority shall be given in
such succeeding fiscal year to such updated applications,
if acceptable.
‘‘SEC. 306. TECHNICAL ASSISTANCE.
‘‘(a) IN GENERAL.—The Secretary shall provide in-
formation and technical assistance to States under this
123
•HRES 351 ATH
title, and the information and technical assistance shall
include—
‘‘(1) assisting States in the preparation of ap-
plications for grants under section 301;
‘‘(2) assisting States that receive such grants in
developing and implementing alternative financing
mechanisms; and
‘‘(3) providing any other information and tech-
nical assistance to assist States in accomplishing the
objectives of this title.
‘‘(b) GRANTS, CONTRACTS, AND AGREEMENTS.—The
Secretary shall provide the information and technical as-
sistance described in subsection (a) through grants, con-
tracts, or cooperative agreements with public or private
agencies and organizations, including institutions of high-
er education, with documented experience, expertise, and
capacity to assist States in the development and imple-
mentation of the alternative financing mechanisms de-
scribed in section 301.
‘‘SEC. 307. ANNUAL REPORT.
‘‘(a) IN GENERAL.—Not later than December 31 of
each year, the Secretary shall submit a report to the Con-
gress stating whether each State program to provide alter-
native financing mechanisms that was supported under
124
•HRES 351 ATH
section 301 during the year is making significant progress
in achieving the objectives of this title.
‘‘(b) CONTENTS.—The report shall include informa-
tion on—
‘‘(1) the number of applications for grants
under section 301 that were received by the Sec-
retary;
‘‘(2) the number of grants made and the
amounts of such grants;
‘‘(3) the ratio of the amount of funds provided
by each State for a State program to provide alter-
native financing mechanisms to the amount of Fed-
eral funds provided for such program;
‘‘(4) the type of program to provide alternative
financing mechanisms that was adopted in each
State and the community-based organization (or
consortia of such organizations) with which each
State has entered into a contract; and
‘‘(5) the amount of assistance given to consum-
ers (who shall be classified by age, type of disability,
type of assistive technology device or assistive tech-
nology service received, geographic distribution with-
in the State, gender, and whether the consumers are
part of an underrepresented population or a rural
population).
125
•HRES 351 ATH
‘‘SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out this title $8,000,000 for fiscal year
1994, and such sums as may be necessary for each of the
fiscal years 1995 through 1998.
‘‘(b) AVAILABILITY IN SUCCEEDING FISCAL YEAR.—
Amounts appropriated under subsection (a) shall remain
available for obligation for the fiscal year immediately fol-
lowing the fiscal year for which such amounts were appro-
priated.
‘‘(c) RESERVATION.—Of the amounts appropriated
under subsection (a), the Secretary shall reserve $250,000
for the purpose of providing information and technical as-
sistance to States under section 306.’’.
TITLE IV—AMENDMENTS TO
OTHER ACTS
SEC. 401. INDIVIDUALS WITH DISABILITIES EDUCATION
ACT.
Section 631(a)(1) of the Individuals with Disabilities
Education Act (20 U.S.C. 1431(a)(1)) is amended—
(1) by striking ‘‘, and’’ at the end of subpara-
graph (D) and inserting a comma;
(2) by striking the period at the end of sub-
paragraph (E) and inserting ‘‘, and’’; and
(3) by adding at the end the following:
126
•HRES 351 ATH
‘‘(F) training in the use, applications, and bene-
fits of assistive technology devices and assistive tech-
nology services (as defined in paragraphs (2) and
(3) of section 3 of the Technology-Related Assist-
ance for Individuals With Disabilities Act of 1988
(29 U.S.C. 2202 (2) and (3))).’’.
SEC. 402. RATHABILITATION ACT OF 1973.
(a) NATIONAL INSTITUTE ON DISABILITY AND RE-
HABILITATION RESEARCH.—Section 202(b)(8) of the Re-
habilitation Act of 1973 (29 U.S.C. 761a(b)(8)) is amend-
ed by striking ‘‘characteristics of individuals with disabil-
ities’’ and inserting ‘‘characteristics of individuals with
disabilities, including information on individuals with dis-
abilities who live in rural or inner-city settings, with par-
ticular attention given to underserved populations,’’.
(b) TRAINING.—Section 302(b)(1)(B) of the Reha-
bilitation Act of 1973 (29 U.S.C. 771a(b)(1)(B)), as
added by section 302(b) of Public Law 102–569 (106
Stat. 4412), is amended—
(1) by striking ‘‘; and’’ at the end of clause (ii)
and inserting a semicolon;
(2) by striking the period at the end of clause
(iii) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
127
•HRES 351 ATH
‘‘(iv) projects to train personnel in the use,
applications, and benefits of assistive technology
devices and assistive technology services (as de-
fined in paragraphs (2) and (3) of section 3 of
the Technology-Related Assistance for Individ-
uals With Disabilities Act of 1988 (29 U.S.C.
2202 (2) and (3))).’’.
SEC. 403. ADMINISTRATIVE REQUIREMENTS UNDER THE
HEAD START ACT.
Section 644(f) of the Head Start Act (42 U.S.C.
9839(f)) is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘, or to request approval
of the purchase (after December 31, 1986) of
facilities,’’ after ‘‘to purchase facilities’’; and
(B) by adding at the end the following:
‘‘The Secretary shall suspend any proceedings
pending against any Head Start agency to
claim costs incurred in purchasing such facili-
ties until the agency has been afforded an op-
portunity to apply for approval of the purchase
and the Secretary has determined whether the
purchase will be approved. The Secretary shall
not be required to repay claims previously satis-
128
•HRES 351 ATH
fied by Head Start agencies for costs incurred
in the purchase of such facilities.’’; and
(2) in paragraph (2)—
(A) in subparagraph (A), by inserting ‘‘or
that was previously purchased’’ before the semi-
colon;
(B) in subparagraph (C)—
(i) by inserting ‘‘, or the previous pur-
chase has resulted,’’ after ‘‘purchase will
result’’ in clause (i); and
(ii) in clause (ii)—
(I) by inserting ‘‘, or would have
prevented,’’ after ‘‘will prevent’’; and
(II) by striking ‘‘and’’ at the end;
(C) by redesignating subparagraph (D) as
subparagraph (E); and
(D) by inserting after subparagraph (C)
the following:
‘‘(D) in the case of a request regarding a pre-
viously purchased facility, information demonstrat-
ing that the facility will be used principally as a
Head Start center, or a direct support facility for a
Head Start program; and’’.
129
•HRES 351 ATH
SEC. 404. TECHNICAL AND CONFORMING AMENDMENTS.
(a) ASSISTIVE TECHNOLOGY DEVICE.—Section 7(23)
of the Rehabilitation Act of 1973 (29 U.S.C. 706(23)),
as added by section 102(n) of Public Law 102–569 (106
Stat. 4350), is amended—
(1) by striking ‘‘3(1)’’ and inserting ‘‘3(2)’’;
and
(2) by striking ‘‘2202(1)’’ and inserting
‘‘2202(2)’’.
(b) ASSISTIVE
TECHNOLOGY
SERVICE.—Section
7(24) of the Rehabilitation Act of 1973 (29 U.S.C.
706(24)), as added by section 102(n) of Public Law 102–
569 (106 Stat. 4350), is amended—
(1) by striking ‘‘3(2)’’ and inserting ‘‘3(3)’’;
and
(2) by striking ‘‘2202(2)’’ and inserting
‘‘2202(3)’’.
TITLE V—EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise specifically
provided in this Act, this Act and the amendments made
by this Act shall take effect on the date of the enactment
of this Act.
(b) COMPLIANCE.—Each State receiving a grant
under the Technology-Related Assistance for Individuals