H. R. 2339—2
SEC. 3. FINDINGS, PURPOSES, AND POLICY.
(a) SECTION HEADING.—Section 2 (29 U.S.C. 2201) is amended
by striking the heading and inserting the following:
‘‘SEC. 2. FINDINGS, PURPOSES, AND POLICY.’’.
(b) FINDINGS.—Section 2(a) (29 U.S.C. 2201(a)) is amended
to read as follows:
‘‘(a) FINDINGS.—The Congress finds as follows:
‘‘(1) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to—
‘‘(A) live independently;
‘‘(B) enjoy self-determination;
‘‘(C) make choices;
‘‘(D) pursue meaningful careers; and
‘‘(E) enjoy full inclusion and integration in the eco-
nomic, political, social, cultural, and educational main-
stream of American society.
‘‘(2) During the past decade, there have been major
advances in modern technology. Technology is now a powerful
force in the lives of all residents of the United States. Tech-
nology can provide important tools for making the performance
of tasks quicker and easier.
‘‘(3) For some individuals with disabilities, assistive tech-
nology devices and assistive technology services are necessary
to enable the individuals—
‘‘(A) to have greater control over their lives;
‘‘(B) to participate in, and contribute more fully to,
activities in their home, school, and work environments,
and in their communities;
‘‘(C) to interact to a greater extent with individuals
who do not have disabilities; and
‘‘(D) to otherwise benefit from opportunities that are
taken for granted by individuals who do not have disabil-
ities.
‘‘(4) Substantial progress has been made in the development
of assistive technology devices, including adaptations to existing
equipment, that significantly benefit individuals with disabil-
ities of all ages. Such devices can be used to increase the
involvement of such individuals in, and reduce expenditures
associated with, programs and activities such as early interven-
tion, education, rehabilitation and training, employment, resi-
dential living, independent living, recreation, and other aspects
of daily living.
‘‘(5) Most States have technology-related assistance pro-
grams carried out under this Act. In spite of the efforts made
by such programs, there remains a need to support systems
change and advocacy activities in order to assist States to
develop and implement consumer-responsive, comprehensive
statewide programs of technology-related assistance for individ-
uals with disabilities of all ages.
‘‘(6) Notwithstanding the efforts of such State technology-
related assistance programs, there is still a lack of—
‘‘(A) resources to pay for assistive technology devices
and assistive technology services;
‘‘(B) trained personnel to assist individuals with
disabilities to use such devices and services;
H. R. 2339—3
‘‘(C) information among individuals with disabilities
and their family members, guardians, advocates, and
authorized representatives, individuals who work for public
agencies, or for private entities (including insurers), that
have contact with individuals with disabilities, educators
and related service personnel, technology experts (including
engineers), employers, and other appropriate individuals
about the availability and potential of technology for
individuals with disabilities;
‘‘(D) aggressive outreach to underrepresented popu-
lations and rural populations;
‘‘(E) systems that ensure timely acquisition and deliv-
ery of assistive technology devices and assistive technology
services, particularly with respect to children;
‘‘(F) coordination among State human services pro-
grams, and between such programs and private entities,
particularly with respect to transitions between such pro-
grams and entities; and
‘‘(G) capacity in such programs to provide the necessary
technology-related assistance.
‘‘(7) Many individuals with disabilities cannot access exist-
ing telecommunications and information technologies and are
at risk of not being able to access developing technologies.
The failure of Federal and State governments, hardware manu-
facturers, software designers, information systems managers,
and telecommunications service providers to account for the
specific needs of individuals with disabilities results in the
exclusion of such individuals from the use of telecommuni-
cations and information technologies and results in unnecessary
costs associated with the retrofitting of devices and product
systems.
‘‘(8) There are insufficient incentives for the commercial
pursuit of the application of technology devices to meet the
needs of individuals with disabilities, because of the perception
that such individuals constitute a limited market.
‘‘(9) At the Federal level, there is a lack of coordination
among agencies that provide or pay for the provision of assistive
technology devices and assistive technology services. In addi-
tion, the Federal Government does not provide adequate assist-
ance and information with respect to the use of assistive
technology devices and assistive technology services to individ-
uals with disabilities and their family members, guardians,
advocates, and authorized representatives, individuals who
work for public agencies, or for private entities (including insur-
ers), that have contact with individuals with disabilities, edu-
cators and related services personnel, technology experts
(including engineers), employers, and other appropriate individ-
uals.’’.
(c) PURPOSES.—Section 2(b) (29 U.S.C. 2201(b)) is amended
to read as follows:
‘‘(b) PURPOSES.—The purposes of this Act are as follows:
‘‘(1) To provide financial assistance to the States to support
systems change and advocacy activities designed to assist each
State in developing and implementing a consumer-responsive
comprehensive statewide program of technology-related assist-
ance, for individuals with disabilities of all ages, that is
designed to—
H. R. 2339—4
‘‘(A) increase the availability of, funding for, access
to, and provision of, assistive technology devices and
assistive technology services;
‘‘(B) increase the active involvement of individuals with
disabilities and their family members, guardians, advo-
cates, and authorized representatives, in the planning,
development, implementation, and evaluation of such a
program;
‘‘(C) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, or authorized representatives, in
decisions related to the provision of assistive technology
devices and assistive technology services;
‘‘(D) 
increase 
the 
provision 
of 
outreach 
to
underrepresented populations and rural populations, to
enable the two populations to enjoy the benefits of pro-
grams carried out to accomplish purposes described in this
paragraph to the same extent as other populations;
‘‘(E) increase and promote coordination among State
agencies, and between State agencies and private entities,
that are involved in carrying out activities under this title,
particularly providing assistive technology devices and
assistive technology services, that accomplish a purpose
described in another subparagraph of this paragraph;
‘‘(F)(i) increase the awareness of laws, regulations, poli-
cies, practices, procedures, and organizational structures,
that facilitate the availability or provision of assistive tech-
nology devices and assistive technology services; and
‘‘(ii) facilitate the change of laws, regulations, policies,
practices, procedures, and organizational structures, that
impede the availability or provision of assistive technology
devices and assistive technology services;
‘‘(G) increase the probability that individuals with
disabilities of all ages will, to the extent appropriate, be
able to secure and maintain possession of assistive tech-
nology devices as such individuals make the transition
between services offered by human service agencies or
between settings of daily living;
‘‘(H) enhance the skills and competencies of individuals
involved in providing assistive technology devices and
assistive technology services;
‘‘(I) increase awareness and knowledge of the efficacy
of assistive technology devices and assistive technology
services among—
‘‘(i) individuals with disabilities and their family
members, guardians, advocates, and authorized rep-
resentatives;
‘‘(ii) individuals who work for public agencies, or
for private entities (including insurers), that have con-
tact with individuals with disabilities;
‘‘(iii) educators and related services personnel;
‘‘(iv) technology experts (including engineers);
‘‘(v) employers; and
‘‘(vi) other appropriate individuals;
‘‘(J) increase the capacity of public agencies and private
entities to provide and pay for assistive technology devices
H. R. 2339—5
and assistive technology services on a statewide basis for
individuals with disabilities of all ages; and
‘‘(K) increase the awareness of the needs of individuals
with disabilities for assistive technology devices and for
assistive technology services.
‘‘(2) To identify Federal policies that facilitate payment
for assistive technology devices and assistive technology serv-
ices, to identify Federal policies that impede such payment,
and to eliminate inappropriate barriers to such payment.
‘‘(3) To enhance the ability of the Federal Government
to provide States with—
‘‘(A) technical assistance, information, training, and
public awareness programs relating to the provision of
assistive technology devices and assistive technology serv-
ices; and
‘‘(B) funding for demonstration projects.’’.
(d) POLICY.—Section 2 (29 U.S.C. 2201) is amended by adding
at the end the following:
‘‘(c) POLICY.—It is the policy of the United States that all
programs, projects, and activities receiving assistance under this
Act shall be consumer-responsive and shall be carried out in a
manner consistent with the principles of—
‘‘(1) respect for individual dignity, personal responsibility,
self-determination, and pursuit of meaningful careers, based
on informed choice, of individuals with disabilities;
‘‘(2) respect for the privacy, rights, and equal access (includ-
ing the use of accessible formats), of such individuals;
‘‘(3) inclusion, integration, and full participation of such
individuals;
‘‘(4) support for the involvement of a family member, a
guardian, an advocate, or an authorized representative, if an
individual with a disability requests, desires, or needs such
support; and
‘‘(5) support for individual and systems advocacy and
community involvement.’’.
SEC. 4. DEFINITIONS.
Section 3 (29 U.S.C. 2202) is amended—
(1) by redesignating paragraphs (1) through (8) as para-
graphs (2), (3), (7), (8), (10), (11), (13), and (14), respectively;
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
‘‘(1) ADVOCACY
SERVICES.—The term ‘advocacy services’,
except as used as part of the term ‘protection and advocacy
services’, means services—
‘‘(A) provided to assist individuals with disabilities and
their family members, guardians, advocates, and author-
ized representatives in accessing assistive technology
devices and assistive technology services; and
‘‘(B) provided through—
‘‘(i) individual case management for individuals
with disabilities;
‘‘(ii) representation of individuals with disabilities
(other than representation within the definition of
protection and advocacy services);
‘‘(iii) training of individuals with disabilities and
their family members, guardians, advocates, and
H. R. 2339—6
authorized representatives to successfully conduct
advocacy for themselves; or
‘‘(iv) dissemination of information.’’;
(3) in paragraph (3)(E) (as redesignated by paragraph (1)),
by striking ‘‘family’’ and all that follows and inserting ‘‘the
family members, guardians, advocates, or authorized represent-
atives of such an individual; and’’;
(4) by inserting after paragraph (3) (as redesignated by
paragraph (1)) the following:
‘‘(4) COMPREHENSIVE STATEWIDE PROGRAM OF TECHNOLOGY-
RELATED
ASSISTANCE.—The term ‘comprehensive statewide
program of technology-related assistance’ means a statewide
program of technology-related assistance developed and imple-
mented by a State under title I that—
‘‘(A) addresses the needs of all individuals with disabil-
ities, including members of underrepresented populations
and members of rural populations;
‘‘(B) addresses such needs without regard to the age,
type of disability, race, ethnicity, or gender of such individ-
uals, or the particular major life activity for which such
individuals need the assistance; and
‘‘(C) addresses such needs without requiring that the
assistance be provided through any particular agency or
service delivery system.
‘‘(5) CONSUMER-RESPONSIVE.—The term ‘consumer-respon-
sive’ means, with respect to an entity, program, or activity,
that the entity, program, or activity—
‘‘(A) is easily accessible to, and usable by, individuals
with disabilities and, when appropriate, their family mem-
bers, guardians, advocates, or authorized representatives;
‘‘(B) responds to the needs of individuals with disabil-
ities in a timely and appropriate manner; and
‘‘(C) facilitates the full and meaningful participation
of individuals with disabilities (including individuals from
underrepresented populations and rural populations) and
their family members, guardians, advocates, and author-
ized representatives, in—
‘‘(i) decisions relating to the provision of assistive
technology devices and assistive technology services;
and
‘‘(ii) the planning, development, implementation,
and evaluation of the comprehensive statewide pro-
gram of technology-related assistance.
‘‘(6) DISABILITY.—The term ‘disability’ means a condition
of an individual that is considered to be a disability or handicap
for the purposes of any Federal law other than this Act or
for the purposes of the law of the State in which the individual
resides.’’;
(5) by striking paragraph (7) (as redesignated by paragraph
(1)) and inserting the following:
‘‘(7) INDIVIDUAL
WITH
A
DISABILITY; INDIVIDUALS
WITH
DISABILITIES.—
‘‘(A) INDIVIDUAL WITH A DISABILITY.—The term ‘individ-
ual with a disability’ means any individual—
‘‘(i) who has a disability; and
‘‘(ii) who is or would be enabled by an assistive
technology device or an assistive technology service
H. R. 2339—7
to minimize deterioration in functioning, to maintain
a level of functioning, or to achieve a greater level
of functioning in any major life activity.
‘‘(B) 
INDIVIDUALS
WITH
DISABILITIES.—The 
term
‘individuals with disabilities’ means more than one individ-
ual with a disability.’’;
(6) in paragraph (8) (as redesignated by paragraph (1))—
(A) by striking ‘‘section 435(b)’’ and inserting ‘‘section
1201(a)’’; and
(B) by striking ‘‘1965’’ and inserting ‘‘1965 (20 U.S.C.
1141(a))’’;
(7) by inserting after paragraph (8) (as redesignated by
paragraph (1)) the following:
‘‘(9) PROTECTION
AND
ADVOCACY
SERVICES.—The term
‘protection and advocacy services’ means services that—
‘‘(A) are described in part C of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6041 et seq.), the Protection and Advocacy for Mentally
Ill Individuals Act (42 U.S.C. 10801 et seq.), or section
509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e);
and
‘‘(B) assist individuals with disabilities with respect
to assistive technology devices and assistive technology
services.’’;
(8) in paragraph (11) (as redesignated by paragraph (1))—
(A) by striking ‘‘several States’’ and inserting ‘‘several
States of the United States’’;
(B) by striking ‘‘Virgin Islands’’ and inserting ‘‘United
States Virgin Islands’’; and
(C) by striking ‘‘the Trust Territory of the Pacific
Islands’’ and inserting ‘‘the Republic of Palau (until the
Compact of Free Association with Palau takes effect)’’;
(9) by inserting after such paragraph (11) the following:
‘‘(12) SYSTEMS
CHANGE
AND
ADVOCACY
ACTIVITIES.—The
term ‘systems change and advocacy activities’ means efforts
that result in laws, regulations, policies, practices, or organiza-
tional structures that promote consumer-responsive programs
or entities and that facilitate and increase access to, provision
of, and funding for, assistive technology devices and assistive
technology services on a permanent basis, in order to empower
individuals with disabilities to achieve greater independence,
productivity, and integration and inclusion within the commu-
nity and the work force.’’;
(10) in paragraph (13) (as redesignated by paragraph (1))—
(A) by striking ‘‘functions performed and activities car-
ried out under section 101’’ and inserting ‘‘assistance pro-
vided through systems change and advocacy activities’’;
and
(B) by inserting ‘‘any of subparagraphs (A) through
(K) of’’ before ‘‘section 2(b)(1)’’; and
(11) by amending paragraph (14) (as redesignated by para-
graph (1)) to read as follows:
‘‘(14) 
UNDERREPRESENTED
POPULATION.—The 
term
‘underrepresented population’ includes a population such as
minorities, the poor, and persons with limited-English pro-
ficiency.’’.
H. R. 2339—8
TITLE I—GRANTS TO STATES
SEC. 101. PROGRAM AUTHORIZED.
(a) GRANTS TO STATES.—Section 101(a) (29 U.S.C. 2211(a)) is
amended—
(1) by inserting after ‘‘provisions of this title’’ the following:
‘‘to support systems change and advocacy activities designed’’;
and
(2) by striking ‘‘to develop and implement’’ and inserting
‘‘in developing and implementing’’.
(b) ACTIVITIES.—Section 101 (29 U.S.C. 2211) is amended by
striking subsections (b) and (c) and inserting the following:
‘‘(b) ACTIVITIES.—Any State that receives a grant under section
102 or 103 shall use the funds made available through the grant
to accomplish the purposes described in section 2(b)(1) and, in
accomplishing such purposes, may carry out any of the following
systems change and advocacy activities:
‘‘(1) MODEL
SYSTEMS
AND
ALTERNATIVE
STATE-FINANCED
SYSTEMS.—The State may support activities to increase access
to, and funding for, assistive technology, including—
‘‘(A) the development, and evaluation of the efficacy,
of model delivery systems that provide assistive technology
devices and assistive technology services to individuals with
disabilities, that pay for such devices and services, and
that, if successful, could be replicated or generally applied,
such as—
‘‘(i) the development of systems for the purchase,
lease, other acquisition, or payment for the provision,
of assistive technology devices and assistive technology
services; or
‘‘(ii) the establishment of alternative State or pri-
vately financed systems of subsidies for the provision
of assistive technology devices and assistive technology
services, such as—
‘‘(I) a loan system for assistive technology
devices;
‘‘(II) an income-contingent loan fund;
‘‘(III) a low-interest loan fund;
‘‘(IV) a revolving loan fund;
‘‘(V) a loan insurance program; or
‘‘(VI) a partnership with private entities for
the purchase, lease, or other acquisition of
assistive technology devices and the provision of
assistive technology services;
‘‘(B) the demonstration of assistive technology devices,
including—
‘‘(i) the provision of a location or locations within
the State where—
‘‘(I) individuals with disabilities and their fam-
ily members, guardians, advocates, and authorized
representatives;
‘‘(II) education, rehabilitation, health care, and
other service providers;
‘‘(III) individuals who work for Federal, State,
or local government entities; and
‘‘(IV) employers,
H. R. 2339—9
can see and touch assistive technology devices, and
learn about the devices from personnel who are famil-
iar with such devices and their applications;
‘‘(ii) the provision of counseling and assistance to
individuals with disabilities and their family members,
guardians, advocates, and authorized representatives
to determine individual needs for assistive technology
devices and assistive technology services; and
‘‘(iii) the demonstration or short-term loan of
assistive technology devices to individuals, employers,
public agencies, or public accommodations seeking
strategies to comply with the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.) and section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
and
‘‘(C) the establishment of information systems about,
and recycling centers for, the redistribution of assistive
technology devices and equipment that may include device
and equipment loans, rentals, or gifts.
‘‘(2) INTERAGENCY COORDINATION.—The State may support
activities—
‘‘(A) to identify and coordinate Federal and State poli-
cies, resources, and services, relating to the provision of
assistive technology devices and assistive technology serv-
ices, including entering into interagency agreements;
‘‘(B) to convene interagency work groups to enhance
public funding options and coordinate access to funding
for assistive technology devices and assistive technology
services for individuals with disabilities of all ages, with
special attention to the issues of transition (such as transi-
tion from school to work, and transition from participation
in programs under part H of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1471 et seq.), to participation
in programs under part B of such Act (20 U.S.C. 1411
et seq.)) home use, and individual involvement in the identi-
fication, planning, use, delivery, and evaluation of such
devices and services; or
‘‘(C) to document and disseminate information about
interagency activities that promote coordination with
respect to assistive technology devices and assistive tech-
nology services, including evidence of increased participa-
tion of State and local special education, vocational
rehabilitation, and State medical assistance agencies and
departments.
‘‘(3) OUTREACH.—The State may carry out activities to
encourage the creation or maintenance of, support, or provide
assistance to, statewide and community-based organizations,
or systems, that provide assistive technology devices and
assistive technology services to individuals with disabilities
or that assist individuals with disabilities in using assistive
technology devices and assistive technology services. Such
activities may include outreach to consumer organizations and
groups in the State to coordinate the activities of the organiza-
tions and groups with efforts (including self-help, support
groups, and peer mentoring) to assist individuals with disabil-
ities and their family members, guardians, advocates, or author-
H. R. 2339—10
ized representatives, to obtain funding for, and access to,
assistive technology devices and assistive technology services.
‘‘(4) EXPENSES.—The State may pay for expenses, including
travel expenses, and services, including services of qualified
interpreters, readers, and personal care assistants, that may
be necessary to ensure access to the comprehensive statewide
program of technology-related assistance by individuals with
disabilities who are determined by the State to be in financial
need.
‘‘(5) STATEWIDE NEEDS ASSESSMENT.—The State may con-
duct a statewide needs assessment that may be based on data
in existence on the date on which the assessment is initiated
and may include—
‘‘(A) estimates of the numbers of individuals with
disabilities within the State, categorized by residence, type
and extent of disabilities, age, race, gender, and ethnicity;
‘‘(B) in the case of an assessment carried out under
a development grant, a description of efforts, during the
fiscal year preceding the first fiscal year for which the
State received such a grant, to provide assistive technology
devices and assistive technology services to individuals with
disabilities within the State, including—
‘‘(i) the number of individuals with disabilities who
received appropriate assistive technology devices and
assistive technology services; and
‘‘(ii) a description of the devices and services pro-
vided;
‘‘(C) information on the number of individuals with
disabilities who are in need of assistive technology devices
and assistive technology services, and a description of the
devices and services needed;
‘‘(D) information on the cost of providing assistive tech-
nology devices and assistive technology services to all
individuals with disabilities within the State who need
such devices and services;
‘‘(E) a description of State and local public resources
and private resources (including insurance) that are avail-
able to establish a consumer-responsive comprehensive
statewide program of technology-related assistance;
‘‘(F) information identifying Federal and State laws,
regulations, policies, practices, procedures, and organiza-
tional structures, that facilitate or interfere with the oper-
ation of a consumer-responsive comprehensive statewide
program of technology-related assistance;
‘‘(G) a description of the procurement policies of the
State and the extent to which such policies will ensure,
to the extent practicable, that assistive technology devices
purchased, leased, or otherwise acquired with assistance
made available through a grant made under section 102
or 103 are compatible with other technology devices, includ-
ing technology devices designed primarily for use by—
‘‘(i) individuals who are not individuals with
disabilities;
‘‘(ii) individuals who are elderly; or
‘‘(iii) individuals with particular disabilities; and
‘‘(H) information resulting from an inquiry about
whether a State agency or task force (composed of individ-
H. R. 2339—11
uals representing the State and individuals representing
the private sector) should study the practices of private
insurance companies holding licenses within the State that
offer health or disability insurance policies under which
an individual may obtain reimbursement for—
‘‘(i) the purchase, lease, or other acquisition of
assistive technology devices; or
‘‘(ii) the use of assistive technology services.
‘‘(6) PUBLIC AWARENESS PROGRAM.—
‘‘(A) IN GENERAL.—The State may—
‘‘(i) support a public awareness program designed
to provide information relating to the availability and
efficacy of assistive technology devices and assistive
technology services for—
‘‘(I) individuals with disabilities and their fam-
ily members, guardians, advocates, or authorized
representatives;
‘‘(II) individuals who work for public agencies,
or for private entities (including insurers), that
have contact with individuals with disabilities;
‘‘(III) educators and related services personnel;
‘‘(IV) technology experts (including engineers);
‘‘(V) employers; and
‘‘(VI) other appropriate individuals and enti-
ties; or
‘‘(ii) establish and support such a program if no
such program exists.
‘‘(B) CONTENTS.—Such a public awareness program
may include—
‘‘(i) the development and dissemination of informa-
tion relating to—
‘‘(I) the nature of assistive technology devices
and assistive technology services;
‘‘(II) the appropriateness, cost, and availability
of, and access to, assistive technology devices and
assistive technology services; and
‘‘(III) the efficacy of assistive technology
devices and assistive technology services with
respect to enhancing the capacity of individuals
with disabilities;
‘‘(ii) the development of procedures for providing
direct communication among public providers of
assistive technology devices and assistive technology
services and between public providers and private
providers of such devices and services (including
employers); and
‘‘(iii) the development and dissemination of
information relating to the use of the program by
individuals with disabilities and their family members,
guardians, advocates, or authorized representatives,
professionals who work in a field related to an activity
described in this section, and other appropriate individ-
uals.
‘‘(7) TRAINING AND TECHNICAL ASSISTANCE.—The State may
carry out directly, or may provide support to a public or private
entity to carry out, training and technical assistance activities—
‘‘(A) that—
H. R. 2339—12
‘‘(i) are provided for individuals with disabilities
and their family members, guardians, advocates, and
authorized representatives, and other appropriate
individuals; and
‘‘(ii) may include—
‘‘(I) training in the use of assistive technology
devices and assistive technology services;
‘‘(II) the development of written materials,
training, and technical assistance describing the
means by which agencies consider the needs of
an individual with a disability for assistive tech-
nology devices and assistive technology services
in developing, for the individual, any individual-
ized education program described in section
614(a)(5) of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1414(a)(5)), any individual-
ized written rehabilitation program described in
section 102 of the Rehabilitation Act of 1973 (29
U.S.C. 722), any individualized family service plan
described in section 677 of the Individuals with
Disabilities Education Act (20 U.S.C. 1477), and
any other individualized plans or programs;
‘‘(III) training regarding the rights of the per-
sons described in clause (i) to assistive technology
devices and assistive technology services under any
law other than this Act, to promote fuller
independence, productivity, and inclusion in and
integration into society of such persons; and
‘‘(IV) training to increase consumer participa-
tion in the identification, planning, use, delivery,
and evaluation of assistive technology devices and
assistive technology services; and
‘‘(B) that—
‘‘(i) enhance the assistive technology skills and
competencies of—
‘‘(I) individuals who work for public agencies,
or for private entities (including insurers), that
have contact with individuals with disabilities;
‘‘(II) educators and related services personnel;
‘‘(III) technology experts (including engineers);
‘‘(IV) employers; and
‘‘(V) other appropriate personnel; and
‘‘(ii) include taking actions to facilitate the develop-
ment of standards, or, when appropriate, the applica-
tion of such standards, to ensure the availability of
qualified personnel.
‘‘(8) PROGRAM DATA.—The State may support the compila-
tion and evaluation of appropriate data related to a program
described in subsection (a).
‘‘(9) ACCESS TO TECHNOLOGY-RELATED INFORMATION.—
‘‘(A) IN
GENERAL.—The State may develop, operate,
or expand a system for public access to information concern-
ing an activity carried out under another paragraph of
this subsection, including information about assistive tech-
nology devices and assistive technology services, funding
sources and costs of such assistance, and individuals,
H. R. 2339—13
organizations, and agencies capable of carrying out such
an activity for individuals with disabilities.
‘‘(B) ACCESS.—Access to the system may be provided
through community-based entities, including public librar-
ies, centers for independent living (as defined in section
702(1) of the Rehabilitation Act of 1973 (29 U.S.C. 796a(1))),
and community rehabilitation programs (as defined in sec-
tion 7(25) of such Act (29 U.S.C. 706(25))).
‘‘(C) SYSTEM.—In developing, operating, or expanding
a system described in subparagraph (A), the State may—
‘‘(i) develop, compile, and categorize print, large
print, braille, audio, and video materials, computer
disks, compact discs (including compact discs formatted
with read-only memory), information that can be used
in telephone-based information systems, and such
other media as technological innovation may make
appropriate;
‘‘(ii) identify and classify existing funding sources,
and the conditions of and criteria for access to such
sources, including any funding mechanisms or strate-
gies developed by the State;
‘‘(iii) identify existing support groups and systems
designed to help individuals with disabilities make
effective use of an activity carried out under another
paragraph of this subsection; and
‘‘(iv) maintain a record of the extent to which
citizens of the State use or make inquiries of the sys-
tem established in subparagraph (A), and of the nature
of such inquiries.
‘‘(D) LINKAGES.—The information system may be orga-
nized on an interstate basis or as part of a regional consor-
tium of States in order to facilitate the establishment of
compatible, linked information systems.
‘‘(10) INTERSTATE ACTIVITIES.—
‘‘(A) IN GENERAL.—The State may enter into coopera-
tive agreements with other States to expand the capacity
of the States involved to assist individuals with disabilities
of all ages to learn about, acquire, use, maintain, adapt,
and upgrade assistive technology devices and assistive tech-
nology services that such individuals need at home, at
school, at work, or in other environments that are part
of daily living.
‘‘(B) ELECTRONIC
COMMUNICATION.—The State may
operate or participate in a computer system through which
the State may electronically communicate with other States
to gain technical assistance in a timely fashion and to
avoid the duplication of efforts already undertaken in other
States.
‘‘(11) PARTNERSHIPS
AND
COOPERATIVE
INITIATIVES.—The
State may support the establishment or continuation of partner-
ships and cooperative initiatives between the public sector and
the private sector to promote greater participation by business
and industry in—
‘‘(A) the development, demonstration, and dissemina-
tion of assistive technology devices; and
‘‘(B) the ongoing provision of information about new
products to assist individuals with disabilities.
H. R. 2339—14
‘‘(12) 
ADVOCACY
SERVICES.—The 
State 
may 
provide
advocacy services.
‘‘(13) OTHER ACTIVITIES.—The State may utilize amounts
made available through grants made under section 102 or 103
for any systems change and advocacy activities, other than
the activities described in another paragraph of this subsection,
that are necessary for developing, implementing, or evaluating
the consumer-responsive comprehensive statewide program of
technology-related assistance.
‘‘(c) NONSUPPLANTATION.—In carrying out systems change and
advocacy activities under this title, the State shall ensure that
the activities supplement, and not supplant, similar activities that
have been carried out pursuant to other Federal or State law.’’.
SEC. 102. DEVELOPMENT GRANTS.
Section 102 (29 U.S.C. 2212) is amended—
(1) in subsection (a)—
(A) by striking ‘‘3-year grants’’ and inserting ‘‘3-year
grants to support systems change and advocacy activities
described in section 101(b) (including activities described
in subsection (e)(7))’’; and
(B) by striking ‘‘to develop and implement statewide
programs’’ and inserting ‘‘in developing and implementing
consumer-responsive comprehensive statewide programs’’;
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in subsection (b) (as redesignated in paragraph (3))—
(A) in paragraph (3)(C), by striking ‘‘statewide pro-
gram’’ and inserting ‘‘consumer-responsive comprehensive
statewide program’’; and
(B) in paragraph (5)—
(i) in subparagraph (A)—
(I) by striking ‘‘(A)’’ and inserting ‘‘(A)
STATE.—’’;
(II) by inserting ‘‘United States’’ before ‘‘Virgin
Islands’’; and
(III) by striking ‘‘Trust Territory of the Pacific
Islands’’ and inserting ‘‘Republic of Palau’’; and
(ii) in subparagraph (B)—
(I) by striking ‘‘(B)’’ and inserting ‘‘(B) TERRI-
TORY.—’’;
(II) by inserting ‘‘United States’’ before ‘‘Virgin
Islands’’; and
(III) by striking ‘‘Trust Territory of the Pacific
Islands’’ and inserting ‘‘Republic of Palau (until
the Compact of Free Association takes effect)’’;
(5) in paragraph (2) of subsection (c) (as redesignated in
paragraph (3)) by striking ‘‘statewide programs’’ and inserting
‘‘consumer-responsive comprehensive statewide programs’’;
(6) by inserting after such subsection (c) the following:
‘‘(d) DESIGNATION OF THE LEAD AGENCY.—
‘‘(1) DESIGNATION.—The Governor of any State that desires
to receive a grant under this section shall designate the office,
agency, entity, or individual (referred to in this Act as the
‘lead agency’) responsible for—
H. R. 2339—15
‘‘(A) submitting the application described in subsection
(e) on behalf of the State;
‘‘(B) administering and supervising the use of amounts
made available under the grant;
‘‘(C)(i) coordinating efforts related to, and supervising
the preparation of, the application;
‘‘(ii) 
coordinating 
the 
planning, 
development,
implementation, and evaluation of the consumer-responsive
comprehensive statewide program of technology-related
assistance among public agencies and between public agen-
cies and private agencies, including coordinating efforts
related to entering into interagency agreements; and
‘‘(iii) coordinating efforts related to, and supervising,
the active, timely, and meaningful participation by individ-
uals with disabilities and their family members, guardians,
advocates, or authorized representatives, and other appro-
priate individuals, with respect to activities carried out
under the grant; and
‘‘(D) the delegation, in whole or in part, of any respon-
sibilities described in subparagraph (A), (B), or (C) to one
or more appropriate offices, agencies, entities, or individ-
uals.
‘‘(2) QUALIFICATIONS.—In designating the lead agency, the
Governor may designate—
‘‘(A) a commission appointed by the Governor;
‘‘(B) a public-private partnership or consortium;
‘‘(C) a university-affiliated program;
‘‘(D) a public agency;
‘‘(E) a council established under Federal or State law;
or
‘‘(F) another appropriate office, agency, entity, or
individual.
‘‘(3) ABILITIES OF LEAD AGENCY.—The State shall provide,
in accordance with subsection (e)(1), evidence that the lead
agency has the ability—
‘‘(A) to respond to assistive technology needs across
disabilities and ages;
‘‘(B) to promote the availability throughout the State
of assistive technology devices and assistive technology
services;
‘‘(C) to promote and implement systems change and
advocacy activities;
‘‘(D) to promote and develop public-private partner-
ships;
‘‘(E) to exercise leadership in identifying and respond-
ing to the technology needs of individuals with disabilities
and their family members, guardians, advocates, and
authorized representatives;
‘‘(F) to promote consumer confidence, responsiveness,
and advocacy; and
‘‘(G) to exercise leadership in implementing effective
strategies for capacity building, staff and consumer train-
ing, and enhancement of access to funding for assistive
technology devices and assistive technology services across
agencies.’’;
(7) in subsection (e)—
H. R. 2339—16
(A) by striking paragraphs (1), (2), and (3) and insert-
ing the following:
‘‘(1) DESIGNATION
OF
THE
LEAD
AGENCY.—Information
identifying the lead agency designated by the Governor under
subsection (d)(1), and the evidence described in subsection
(d)(3).
‘‘(2) AGENCY INVOLVEMENT.—A description of the nature
and extent of involvement of various State agencies, including
the State insurance department, in the preparation of the
application and the continuing role of each agency in the devel-
opment and implementation of the consumer-responsive com-
prehensive statewide program of technology-related assistance,
including the identification of the available resources and finan-
cial responsibility of each agency for paying for assistive tech-
nology devices and assistive technology services.
‘‘(3) INVOLVEMENT.—
‘‘(A) CONSUMER INVOLVEMENT.—A description of proce-
dures that provide for—
‘‘(i)(I) the active involvement of individuals with
disabilities and their family members, guardians,
advocates, and authorized representatives, and other
appropriate 
individuals, 
in 
the 
development,
implementation, and evaluation of the program; and
‘‘(II) the active involvement, to the maximum
extent appropriate, of individuals with disabilities who
use assistive technology devices or assistive technology
services, in decisions relating to such devices and serv-
ices; and
‘‘(ii) mechanisms for determining consumer satis-
faction and participation of individuals with disabilities
who represent a variety of ages and types of disabil-
ities, in the consumer-responsive comprehensive state-
wide program of technology-related assistance.
‘‘(B) PUBLIC INVOLVEMENT.—A description of the nature
and extent of—
‘‘(i) the involvement, in the designation of the lead
agency under subsection (d), and in the development
of the application, of—
‘‘(I) individuals with disabilities and their fam-
ily members, guardians, advocates, or authorized
representatives;
‘‘(II) other appropriate individuals who are not
employed by a State agency; and
‘‘(III) organizations, providers, and interested
parties, in the private sector; and
‘‘(ii) the continuing role of the individuals and enti-
ties described in clause (i) in the program.’’;
(B) in paragraph (4), by striking ‘‘underserved groups’’
and inserting ‘‘underrepresented populations or rural popu-
lations’’;
(C) in paragraphs (4) and (5), by striking ‘‘statewide
program’’ each place the term appears and inserting
‘‘consumer-responsive comprehensive statewide program’’;
(D) by striking paragraphs (6), (7), and (17);
(E) by redesignating paragraphs (8) and (9) as para-
graphs (17) and (18), respectively, and transferring such
paragraphs to the end of the subsection;
H. R. 2339—17
(F) by inserting after paragraph (5) the following:
‘‘(6) GOALS, OBJECTIVES, ACTIVITIES, AND
OUTCOMES.—
Information on the program with respect to—
‘‘(A) the goals and objectives of the State for the pro-
gram;
‘‘(B) the systems change and advocacy activities that
the State plans to carry out under the program; and
‘‘(C) the expected outcomes of the State for the pro-
gram, consistent with the purposes described in section
2(b)(1).
‘‘(7) PRIORITY ACTIVITIES.—
‘‘(A) IN GENERAL.—An assurance that the State will
use funds made available under this section or section
103 to accomplish the purposes described in section 2(b)(1)
and the goals, objectives, and outcomes described in para-
graph (6), and to carry out the systems change and
advocacy activities described in paragraph (6)(B), in a man-
ner that is consumer-responsive.
‘‘(B) PARTICULAR ACTIVITIES.—An assurance that the
State, in carrying out such systems change and advocacy
activities, shall carry out activities regarding—
‘‘(i) the development, implementation, and monitor-
ing of State, regional, and local laws, regulations,
policies, practices, procedures, and organizational
structures, that will improve access to, provision of,
funding for, and timely acquisition and delivery of,
assistive technology devices and assistive technology
services;
‘‘(ii) the development and implementation of strate-
gies to overcome barriers regarding access to, provision
of, and funding for, such devices and services, with
priority for identification of barriers to funding through
State education (including special education) services,
vocational rehabilitation services, and medical assist-
ance services or, as appropriate, other health and
human services, and with particular emphasis on over-
coming barriers for underrepresented populations and
rural populations;
‘‘(iii) coordination of activities among State agen-
cies, in order to facilitate access to, provision of, and
funding for, assistive technology devices and assistive
technology services;
‘‘(iv) the development and implementation of
strategies to empower individuals with disabilities and
their family members, guardians, advocates, and
authorized representatives, to successfully advocate for
increased access to, funding for, and provision of,
assistive technology devices and assistive technology
services, and to increase the participation, choice, and
control of such individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives in the selection and procurement of
assistive technology devices and assistive technology
services;
‘‘(v) the provision of outreach to underrepresented
populations and rural populations, including identify-
ing and assessing the needs of such populations,
H. R. 2339—18
providing activities to increase the accessibility of serv-
ices to such populations, training representatives of
such populations to become service providers, and
training staff of the consumer-responsive comprehen-
sive statewide program of technology-related assistance
to work with such populations; and
‘‘(vi) the development and implementation of
strategies to ensure timely acquisition and delivery
of assistive technology devices and assistive technology
services, particularly for children,
unless the State demonstrates through the progress reports
required under section 104 that significant progress has
been made in the development and implementation of a
consumer-responsive comprehensive statewide program of
technology-related assistance, and that other systems
change and advocacy activities will increase the likelihood
that the program will accomplish the purposes described
in section 2(b)(1).
‘‘(8) ASSESSMENT.—An assurance that the State will con-
duct an annual assessment of the consumer-responsive com-
prehensive statewide program of technology-related assistance,
in order to determine—
‘‘(A) the extent to which the State’s goals and objectives
for systems change and advocacy activities, as identified
in the State plan under paragraph (6), have been achieved;
and
‘‘(B) the areas of need that require attention in the
next year.
‘‘(9) DATA COLLECTION.—A description of—
‘‘(A) the data collection system used for compiling
information on the program, consistent with such require-
ments as the Secretary may establish for such systems,
and, when a national classification system is developed
pursuant to section 201, consistent with such classification
system; and
‘‘(B) procedures that will be used to conduct evaluations
of the program.’’;
(G) in paragraphs (11)(B)(i) and (12)(B) by striking
‘‘individual with disabilities’’ and inserting ‘‘individual with
a disability’’;
(H) in paragraph (16)(A), by striking ‘‘the families or
representatives of individuals with disabilities’’ and insert-
ing ‘‘their family members, guardians, advocates, or author-
ized representatives’’; and
(I) by adding at the end the following:
‘‘(19) AUTHORITY TO USE FUNDS.—An assurance that the
lead agency will have the authority to use funds made available
through a grant made under this section or section 103 to
comply with the requirements of this section or section 103,
respectively, including the ability to hire qualified staff nec-
essary to carry out activities under the program.
‘‘(20) PROTECTION AND ADVOCACY SERVICES.—Either—
‘‘(A) an assurance that the State will annually provide,
from the funds made available to the State through a
grant made under this section or section 103, an amount
calculated in accordance with subsection (f)(4), in order
to make a grant to, or enter into a contract with, an
H. R. 2339—19
entity to support protection and advocacy services through
the systems established to provide protection and advocacy
under the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6000 et seq.), the Protection and
Advocacy for Mentally Ill Individuals Act (42 U.S.C. 10801
et seq.), and section 509 of the Rehabilitation Act of 1973
(29 U.S.C. 794e); or
‘‘(B) at the discretion of the State, a request that the
Secretary annually reserve, from the funds made available
to the State through a grant made under this section
or section 103, an amount calculated in accordance with
subsection (f)(4), in order for the Secretary to make a
grant to or enter into a contract with such a system to
support protection and advocacy services.
‘‘(21) TRAINING ACTIVITIES.—An assurance that the State—
‘‘(A) will develop and implement strategies for includ-
ing personnel training regarding assistive technology
within existing Federal- and State-funded training initia-
tives, in order to enhance assistive technology skills and
competencies; and
‘‘(B) will document such training.
‘‘(22) LIMIT ON INDIRECT COSTS.—An assurance that the
percentage of the funds received under the grant that is used
for indirect costs shall not exceed 10 percent.
‘‘(23) COORDINATION WITH STATE COUNCILS.—An assurance
that the lead agency will coordinate the activities funded
through a grant made under this section or section 103 with
the activities carried out by other councils within the State,
including—
‘‘(A) any council or commission specified in the assur-
ance provided by the State in accordance with section
101(a)(36) of the Rehabilitation Act of 1973 (29 U.S.C.
721(a)(36));
‘‘(B) the Statewide Independent Living Council estab-
lished under section 705 of the Rehabilitation Act of 1973
(29 U.S.C. 796d);
‘‘(C) the advisory panel established under section
613(a)(12) of the Individuals with Disabilities Education
Act (20 U.S.C. 1413(a)(12));
‘‘(D) the State Interagency Coordinating Council estab-
lished under section 682 of the Individuals with Disabilities
Education Act (20 U.S.C. 1482);
‘‘(E) the State Planning Council described in section
124 of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6024);
‘‘(F) the State mental health planning council estab-
lished under section 1914 of the Public Health Service
Act (42 U.S.C. 300x–3); and
‘‘(G) any council established under section 204,
206(g)(2)(A), or 712(a)(3)(H) of the Older Americans Act
of 1965 (42 U.S.C. 3015, 3017(g)(2)(A), or 3058g(a)(3)(H)).
‘‘(24) COORDINATION
WITH
OTHER
SYSTEMS
CHANGE
AND
ADVOCACY
ACTIVITIES.—An assurance that there will be
coordination between the activities funded through the grant
and other related systems change and advocacy activities
funded by either Federal or State sources.
H. R. 2339—20
‘‘(25) OTHER INFORMATION AND ASSURANCES.—Such other
information and assurances as the Secretary may reasonably
require.’’; and
(8) by adding at the end the following:
‘‘(f) PROTECTION AND ADVOCACY REQUIREMENTS.—
‘‘(1) REQUIREMENTS.—A State that, as of June 30, 1993,
has provided for protection and advocacy services through an
entity that—
‘‘(A) is capable of performing the functions that would
otherwise be performed under subsection (e)(20) by the
system described in subsection (e)(20); and
‘‘(B) is not a system described in such subsection,
shall be considered to meet the requirements of such subsection.
Such entity shall receive funding to provide such protection
and advocacy services in accordance with paragraph (4), and
shall comply with the same requirements of this title (other
than the requirements of such subsection) as a system that
receives funding under such subsection.
‘‘(2) 
PROTECTION
AND
ADVOCACY
SERVICE
PROVIDER
REPORT.—
‘‘(A) PREPARATION.—A system that receives funds
under subsection (e)(20) to carry out the protection and
advocacy services described in subsection (e)(20)(A) in a
State, or an entity described in paragraph (1) that carries
out such services in the State, shall prepare reports that
contain such information as the Secretary may require,
including the following:
‘‘(i) A description of the activities carried out by
the system or entity with such funds.
‘‘(ii) Documentation of significant progress, in
providing protection and advocacy services, in each
of the following areas:
‘‘(I) Conducting activities that are consumer-
responsive, including activities that will lead to
increased access to funding for assistive technology
devices and assistive technology services.
‘‘(II) Executing legal, administrative, and other
appropriate means of representation to implement
systems change and advocacy activities.
‘‘(III) Developing and implementing strategies
designed to enhance the long-term abilities of
individuals with disabilities and their family mem-
bers, guardians, advocates, and authorized rep-
resentatives to successfully advocate for assistive
technology devices and assistive technology serv-
ices to which the individuals with disabilities are
entitled under law other than this Act.
‘‘(IV) Coordinating activities with protection
and advocacy services funded through sources
other than this Act, and coordinating activities
with the systems change and advocacy activities
carried out by the State lead agency.
‘‘(B) SUBMISSION.—The system or entity shall submit
the reports to the program described in subsection (a) in
the State not less often than every 6 months.
‘‘(C) UPDATES.—The system or entity shall provide
monthly updates to the program described in subsection
H. R. 2339—21
(a) concerning the activities and information described in
subparagraph (A).
‘‘(3) CONSULTATION WITH STATE PROGRAMS.—Before making
a grant or entering into a contract under subsection (e)(20)(B)
to support the protection and advocacy services described in
subsection (e)(20)(A) in a State, the Secretary shall solicit and
consider the opinions of the lead agency in the State with
respect to the terms of the grant or contract.
‘‘(4) CALCULATION OF EXPENDITURES.—
‘‘(A) IN GENERAL.—For each fiscal year, for each State
receiving a grant under this section or section 103, the
Secretary shall specify a minimum amount that the State
shall use to provide protection and advocacy services.
‘‘(B) INITIAL YEARS OF GRANT.—Except as provided in
subparagraph (C) or (D)—
‘‘(i) the Secretary shall calculate such minimum
amount for a State based on the size of the grant,
the needs of individuals with disabilities within the
State, the population of the State, and the geographic
size of the State; and
‘‘(ii) such minimum amount shall be not less than
$40,000 and not more than $100,000.
‘‘(C) FOURTH YEAR OF SECOND EXTENSION GRANT.—If
a State receives a second extension grant under section
103(a)(2), the Secretary shall specify a minimum amount
under subparagraph (A) for the fourth year (if any) of
the grant period that shall equal 75 percent of the mini-
mum amount specified for the State under such subpara-
graph for the third year of the second extension grant
of the State.
‘‘(D) FIFTH YEAR OF SECOND EXTENSION GRANT.—If a
State receives a second extension grant under section
103(a)(2), the Secretary shall specify a minimum amount
under subparagraph (A) for the fifth year (if any) of the
grant period that shall equal 50 percent of the minimum
amount specified for the State under such subparagraph
for the third year of the second extension grant of the
State.
‘‘(E) PROHIBITION.—After the fifth year (if any) of the
grant period, no Federal funds may be made available
under this title by the State to a system described in
subsection (e)(20) or an entity described in paragraph (1).’’.
SEC. 103. EXTENSION GRANTS.
Section 103 (29 U.S.C. 2213) is amended to read as follows:
‘‘SEC. 103. EXTENSION GRANTS.
‘‘(a) EXTENSION GRANTS.—
‘‘(1) INITIAL EXTENSION GRANT.—The Secretary may award
an initial extension grant, for a period of 2 years, to any
State that meets the standards specified in subsection (b)(1).
‘‘(2) SECOND EXTENSION GRANT.—The Secretary may award
a second extension grant, for a period of not more than 5
years, to any State that meets the standards specified in sub-
section (b)(2).
‘‘(b) STANDARDS.—
H. R. 2339—22
‘‘(1) INITIAL EXTENSION GRANT.—In order for a State to
receive an initial extension grant under this section, the des-
ignated lead agency of the State shall—
‘‘(A) provide the evidence described in section 102(d)(3);
and
‘‘(B) demonstrate that the State has made significant
progress, and has carried out systems change and advocacy
activities that have resulted in significant progress, toward
the development and implementation of a consumer-respon-
sive comprehensive statewide program of technology-
related assistance, consistent with sections 2(b)(1), 101,
and 102.
‘‘(2) SECOND EXTENSION GRANT.—
‘‘(A) RESPONSIBILITIES OF DESIGNATED LEAD AGENCY.—
In order for a State to receive a second extension grant
under this section, the designated lead agency shall—
‘‘(i) provide the evidence and make the demonstra-
tion described in paragraph (1);
‘‘(ii) describe the steps the State has taken or
will take to continue on a permanent basis the
consumer-responsive comprehensive statewide pro-
gram of technology-related assistance with the ability
to maintain, at a minimum, the outcomes achieved
by the systems change and advocacy activities; and
‘‘(iii) identify future funding options and commit-
ments for the program from the public and private
sector and the key individuals, agencies, and organiza-
tions to be involved in, and to direct future efforts
of, the program.
‘‘(B) DETERMINATION OF COMPLIANCE.—In making any
award to a State for a second extension grant, the Secretary
shall (except as provided in section 105(a)(2)(A)(iii)) make
such award contingent on a determination, based on the
onsite visit required under section 105(a)(2)(A)(ii), that the
State is making significant progress toward development
and implementation of a consumer-responsive comprehen-
sive statewide program of technology-related assistance.
If the Secretary determines that the State is not making
such progress, the Secretary may take an action described
in section 105(b)(2), in accordance with the applicable
procedures described in section 105.
‘‘(c) AMOUNTS OF GRANTS.—
‘‘(1) INITIAL EXTENSION GRANTS.—
‘‘(A) IN GENERAL.—
‘‘(i) STATES.—From amounts appropriated under
section 106 for any fiscal year, the Secretary shall
pay an amount that is not less than $500,000 and
not greater than $1,500,000 to each State (other than
a State described in clause (ii)) that receives an initial
extension grant under subsection (a)(1).
‘‘(ii) TERRITORIES.—From amounts appropriated
under section 106 for any fiscal year, the Secretary
shall pay an amount that is not greater than $150,000
to any of the following States that receives an initial
extension grant under subsection (a)(1):
‘‘(I) The United States Virgin Islands.
‘‘(II) Guam.
H. R. 2339—23
‘‘(III) American Samoa.
‘‘(IV) The Commonwealth of the Northern
Mariana Islands.
‘‘(V) The Republic of Palau (until the Compact
of Free Association takes effect).
‘‘(B) CALCULATION OF AMOUNT.—The Secretary shall
calculate the amount described in clause (i) or (ii) of
subparagraph (A) with respect to a State on the basis
of—
‘‘(i) amounts available for making grants pursuant
to subsection (a)(1);
‘‘(ii) the population of the State;
‘‘(iii) the types of assistance to be provided in the
State; and
‘‘(iv) the amount of resources committed by the
State and available to the State from other sources.
‘‘(C) PRIORITY FOR PREVIOUSLY PARTICIPATING STATES.—
Amounts appropriated in any fiscal year for purposes of
carrying out subsection (a)(1) shall first be made available
to States that received assistance under this section during
the fiscal year preceding the fiscal year concerned.
‘‘(D) INCREASES.—In providing any increases in initial
extension grants under subsection (a)(1) above the amounts
provided to States under this section for fiscal year 1993,
the Secretary may give priority to—
‘‘(i) the States (other than the States described
in subparagraph (A)(ii)) that have the largest popu-
lations, based on the most recent census data; and
‘‘(ii) the States (other than the States described
in subparagraph (A)(ii)) that are sparsely populated,
with a wide geographic spread,
where such characteristics have impeded the development
of a consumer-responsive, comprehensive statewide pro-
gram of technology-related assistance.
‘‘(2) SECOND EXTENSION GRANTS.—
‘‘(A) AMOUNTS AND PRIORITY.—The amounts of, and
the priority of applicants for, the second extension grants
awarded under subsection (a)(2) shall be determined by
the Secretary, except that—
‘‘(i) the amount paid to a State for the fourth
year (if any) of the grant period shall be 75 percent
of the amount paid to the State for the third year
of the grant period;
‘‘(ii) the amount paid to a State for the fifth year
(if any) of the grant period shall be 50 percent of
the amount paid to the State for the third year of
the grant period; and
‘‘(iii) after the fifth year of the grant period, no
Federal funds may be made available to the State
under this title.
‘‘(B) INCREASES.—In providing any increases in second
extension grants under subsection (a)(2) above the amounts
provided to States under this section for fiscal year 1993,
the Secretary may give priority to States described in para-
graph (1)(D).
‘‘(d) APPLICATION.—A State that desires to receive an extension
grant under this section shall submit an application to the Secretary
H. R. 2339—24
that contains the following information and assurances with respect
to the consumer-responsive comprehensive statewide program of
technology-related assistance in the State:
‘‘(1) INFORMATION AND ASSURANCES.—The information and
assurances described in section 102(e), except the preliminary
needs assessment described in section 102(e)(4).
‘‘(2) NEEDS; PROBLEMS; STRATEGIES; OUTREACH.—
‘‘(A) NEEDS.—A description of needs relating to tech-
nology-related assistance of individuals with disabilities
(including individuals from underrepresented populations
or rural populations) and their family members, guardians,
advocates, or authorized representatives, and other appro-
priate individuals within the State.
‘‘(B) PROBLEMS.—A description of any problems or gaps
that remain with the development and implementation of
a consumer-responsive comprehensive statewide program
of technology-related assistance in the State.
‘‘(C) STRATEGIES.—A description of the strategies that
the State will pursue during the grant period to remedy
the 
problems 
or 
gaps 
with 
the 
development 
and
implementation of such a program.
‘‘(D) OUTREACH ACTIVITIES.—A description of outreach
activities to be conducted by the State, including dissemina-
tion of information to eligible populations, with special
attention to underrepresented populations and rural popu-
lations.
‘‘(3) ACTIVITIES AND PROGRESS UNDER PREVIOUS GRANT.—
A description of—
‘‘(A) the specific systems change and advocacy activities
described in section 101(b) (including the activities
described in section 1012(e)(7)) carried out under the devel-
opment grant received by the State under section 102,
or, in the case of an application for a grant under subsection
(a)(2), under an initial extension grant received by the
State under this section, including—
‘‘(i) a description of systems change and advocacy
activities that were undertaken to produce change on
a permanent basis for individuals with disabilities of
all ages;
‘‘(ii) a description of activities undertaken to
improve the involvement of individuals with disabilities
in the program, including training and technical assist-
ance efforts to improve individual access to assistive
technology devices and assistive technology services
as mandated under other laws and regulations as in
effect on the date of the application, and including
actions undertaken to improve the participation of
underrepresented populations and rural populations,
such as outreach efforts; and
‘‘(iii) an evaluation of the impact and results of
the activities described in clauses (i) and (ii);
‘‘(B) the relationship of such systems change and
advocacy activities to the development and implementation
of a consumer-responsive comprehensive statewide program
of technology-related assistance; and
‘‘(C) the progress made toward the development and
implementation of such a program.
H. R. 2339—25
‘‘(4) PUBLIC INVOLVEMENT.—
‘‘(A) REPORT.—In the case of an application for a grant
under subsection (a)(1), a report on the hearing described
in subsection (e)(1) or, in the case of an application for
a grant under subsection (a)(2), a report on the hearing
described in subsection (e)(2).
‘‘(B) OTHER
STATE
ACTIONS.—A description of State
actions, other than such a hearing, designed to determine
the degree of satisfaction of individuals with disabilities,
and their family members, guardians, advocates, or author-
ized representatives, public service providers and private
service providers, educators and related services providers,
technology experts (including engineers), employers, and
other appropriate individuals and entities with—
‘‘(i) the degree of their ongoing involvement in
the development and implementation of the consumer-
responsive comprehensive statewide program of tech-
nology-related assistance;
‘‘(ii) the specific systems change and advocacy
activities described in section 101(b) (including the
activities described in section 102(e)(7)) carried out
by the State under the development grant or the initial
extension grant;
‘‘(iii) progress made toward the development and
implementation of a consumer-responsive comprehen-
sive statewide program of technology-related assist-
ance; and
‘‘(iv) the ability of the lead agency to carry out
the activities described in section 102(d)(3).
‘‘(5) COMMENTS.—A summary of any comments received
concerning the issues described in paragraph (4) and response
of the State to such comments, solicited through a public hear-
ing referred to in paragraph (4) or through other means, from
individuals affected by the consumer-responsive comprehensive
statewide program of technology-related assistance, including—
‘‘(A) individuals with disabilities and their family mem-
bers, guardians, advocates, or authorized representatives;
‘‘(B) public service providers and private service provid-
ers;
‘‘(C) educators and related services personnel;
‘‘(D) technology experts (including engineers);
‘‘(E) employers; and
‘‘(F) other appropriate individuals and entities.
‘‘(6) COMPATIBILITY
AND
ACCESSIBILITY
OF
ELECTRONIC
EQUIPMENT.—An assurance that the State, or any recipient
of funds made available to the State under section 102 of
this section, will comply with guidelines established under sec-
tion 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
‘‘(e) PUBLIC HEARING.—
‘‘(1) INITIAL EXTENSION GRANT.—To be eligible to receive
a grant under subsection (a)(1), a State shall hold a public
hearing in the third year of a program carried out under
a grant made under section 102, after providing appropriate
and sufficient notice to allow interested groups and organiza-
tions and all segments of the public an opportunity to comment
on the program.
H. R. 2339—26
‘‘(2) SECOND EXTENSION GRANT.—To be eligible to receive
a grant under subsection (a)(2), a State shall hold a public
hearing in the second year of a program carried out under
a grant made under subsection (a)(1), after providing the notice
described in paragraph (1).’’.
SEC. 104. PROGRESS CRITERIA AND REPORTS.
Section 104 (29 U.S.C. 2214) is amended to read as follows:
‘‘SEC. 104. PROGRESS CRITERIA AND REPORTS.
‘‘(a) GUIDELINES.—The Secretary shall develop guidelines to
be used in assessing the extent to which a State that received
a grant under section 102 or 103 is making significant progress
in developing and implementing a consumer-responsive comprehen-
sive statewide program of technology-related assistance consistent
with section 2(b)(1).
‘‘(b) REPORTS.—Each State that receives a grant under section
102 or 103 to carry out such a program shall submit annually
to the Secretary a report that documents significant progress in
developing and implementing a consumer-responsive comprehensive
statewide program of technology-related assistance, consistent with
sections 2(b)(1), 101, and 102(e), and that documents the following:
‘‘(1) The progress the State has made, as determined in
the State’s annual assessment described in section 102(e)(8)
(consistent with the guidelines established by the Secretary
under subsection (a)), in achieving the State’s goals, objectives,
and outcomes as identified in the State’s application as
described in section 102(e)(6), and areas of need that require
attention in the next year, including unanticipated problems
with the achievement of the goals, objectives, and outcomes
described in the application, and the activities the State has
undertaken to rectify these problems.
‘‘(2) The systems change and advocacy activities carried
out by the State including—
‘‘(A) an analysis of the laws, regulations, policies, prac-
tices, procedures, and organizational structures that the
State has changed, has attempted to change, or will
attempt to change during the next year, to facilitate and
increase timely access to, provision of, or funding for,
assistive technology devices and assistive technology serv-
ices; and
‘‘(B) a description of any written policies and proce-
dures that the State has developed and implemented
regarding access to, provision of, and funding for, assistive
technology devices and assistive technology services,
particularly policies and procedures regarding access to,
provision of, and funding for, such devices and services
under education (including special education), vocational
rehabilitation, and medical assistance programs.
‘‘(3) The degree of involvement of various State agencies,
including the State insurance department, in the development,
implementation, and evaluation of the program, including any
interagency agreements that the State has developed and
implemented regarding access to, provision of, and funding
for, assistive technology devices and assistive technology serv-
ices such as agreements that identify available resources for
assistive technology devices and assistive technology services
H. R. 2339—27
and the responsibility of each agency for paying for such devices
and services.
‘‘(4) The activities undertaken to collect and disseminate
information about the documents or activities analyzed or
described in paragraphs (1) through (3), including outreach
activities to underrepresented populations and rural popu-
lations and efforts to disseminate information by means of
electronic communication.
‘‘(5) The involvement of individuals with disabilities who
represent a variety of ages and types of disabilities in the
planning, development, implementation, and assessment of the
consumer-responsive comprehensive statewide program of tech-
nology-related assistance, including activities undertaken to
improve such involvement, such as consumer training and out-
reach activities to underrepresented populations and rural
populations.
‘‘(6) The degree of consumer satisfaction with the program,
including satisfaction by underrepresented populations and
rural populations.
‘‘(7) Efforts to train personnel as well as consumers.
‘‘(8) Efforts to reduce the service delivery time for receiving
assistive technology devices and assistive technology services.
‘‘(9) Significant progress in the provision of protection and
advocacy services, in each of the areas described in section
102(f)(2)(A)(ii).’’.
SEC. 105. ADMINISTRATIVE PROVISIONS.
(a) REVIEW
OF PARTICIPATING STATES.—Section 105(a) (29
U.S.C. 2215(a)) is amended—
(1) in paragraph (1), by inserting before the period the
following: ‘‘, consistent with the guidelines established under
section 104(a)’’;
(2) by striking paragraph (2) and inserting the following:
‘‘(2) ONSITE VISITS.—
‘‘(A) VISITS.—
‘‘(i) DEVELOPMENT
GRANT
PROGRAM.—The Sec-
retary shall conduct an onsite visit during the final
year of each State’s participation in the development
grant program.
‘‘(ii) EXTENSION GRANT PROGRAM.—Except as pro-
vided in clause (iii), the Secretary shall conduct an
additional onsite visit to any State that applies for
a second extension grant under section 103(a)(2) and
whose initial onsite visit occurred prior to the date
of the enactment of the Technology-Related Assistance
for Individuals With Disabilities Act Amendments of
1994. The Secretary shall conduct any such visit to
the State not later than 12 months after the date
on which the Secretary awards the second extension
grant.
‘‘(iii) DETERMINATION.—The Secretary shall not be
required to conduct a visit described in clause (ii) if
the Secretary determines that the visit is not necessary
to assess whether the State is making significant
progress toward development and implementation of
a consumer-responsive comprehensive statewide pro-
gram of technology-related assistance.
H. R. 2339—28
‘‘(B) TEAM.—Two-thirds of the onsite monitoring team
in each case shall be qualified peer reviewers, who—
‘‘(i) shall not be lead agency personnel;
‘‘(ii) shall be from States other than the State
being monitored; and
‘‘(iii) shall include an individual with a disability,
or a family member, a guardian, an advocate, or an
authorized representative of such an individual.
‘‘(C) COMPENSATION.—
‘‘(i) OFFICERS
OR
EMPLOYEES.—Members of any
onsite monitoring team who are officers or full-time
employees of the United States shall serve without
compensation in addition to that received for their
services as officers or employees of the United States,
but may be allowed travel expenses, including per diem
in lieu of subsistence, as authorized by section 5702
of title 5, United States Code, for individuals in the
Government service traveling on official business.
‘‘(ii) OTHER
MEMBERS.—Members of any onsite
monitoring team who are not officers or full-time
employees of the United States shall receive compensa-
tion at a rate not to exceed the daily equivalent of
the rate of pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for
each day (including traveltime) during which such
members are engaged in the actual performance of
their duties as members of an onsite monitoring team.
In addition, such members may be allowed travel
expenses, including per diem in lieu of subsistence,
as authorized by section 5703 of title 5, United States
Code, for individuals in the Government service
employed intermittently.
‘‘(D) REPORT.—The Secretary shall prepare a report
of findings from the onsite visit. The Secretary shall con-
sider the findings in determining whether to continue fund-
ing the program either with or without changes. The report
shall be available to the public.’’;
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
‘‘(3) ADVANCE PUBLIC NOTICE.—The Secretary shall provide
advance public notice of the onsite visit and solicit public com-
ment through such notice from individuals with disabilities
and their family members, guardians, advocates, and author-
ized representatives, public service providers and private
service providers, educators and related services personnel,
technology experts (including engineers), employers, and other
appropriate individuals and entities, regarding the State pro-
gram funded through a grant made under section 102 or 103.
The public comment solicitation notice shall be included in
the onsite visit report described in paragraph (2).’’; and
(5) in paragraph (4) (as redesignated in paragraph (3))
by striking ‘‘statewide program’’ and inserting ‘‘consumer-
responsive comprehensive statewide program’’.
(b) CORRECTIVE
ACTION
PLAN.—Section 105(b) (29 U.S.C.
2215(b)) is amended—
(1) in paragraph (2)—
H. R. 2339—29
(A) in the heading, by striking ‘‘PENALTIES’’ and insert-
ing ‘‘CORRECTIVE ACTIONS’’;
(B) in the matter preceding subparagraph (A), by strik-
ing ‘‘penalties’’ and inserting ‘‘corrective actions’’;
(C) by striking ‘‘or’’ at the end of subparagraph (B);
(D) by striking the period at the end of subparagraph
(C) and inserting ‘‘; or’’; and
(E) by adding at the end the following:
‘‘(D) required redesignation of the lead agency, in
accordance with subsection (c).’’; and
(2) in paragraph (3), by striking ‘‘subsection (a)(4)’’ and
inserting ‘‘subsection (a)(5)’’.
(c) REDESIGNATION.—Section 105 (29 U.S.C. 2215) is amended—
(1) by striking subsection (c); and
(2) by adding at the end the following:
‘‘(c) REDESIGNATION OF LEAD AGENCY.—
‘‘(1) MONITORING PANEL.—
‘‘(A) APPOINTMENT.—Once a State becomes subject to
a corrective action plan pursuant to subsection (b), the
Governor of the State, subject to approval by the Secretary,
shall appoint, within 30 days after the submission of the
plan to the Secretary, a monitoring panel consisting of
the following representatives:
‘‘(i) The head of the lead agency designated by
the Governor.
‘‘(ii) 2 representatives from different public or pri-
vate 
nonprofit 
organizations 
that 
represent 
the
interests of individuals with disabilities.
‘‘(iii) 2 consumers who are users of assistive tech-
nology devices and assistive technology services and
who are not—
‘‘(I) members of the advisory council, if any,
of the consumer-responsive comprehensive state-
wide program of technology-related assistance; or
‘‘(II) employees of the State lead agency.
‘‘(iv) 2 service providers with knowledge and exper-
tise in assistive technology devices and assistive tech-
nology services.
‘‘(B) MEMBERSHIP AND CHAIRPERSON.—The monitoring
panel shall be ethnically diverse. The panel shall select
a chairperson from among the members of the panel.
‘‘(C) INFORMATION.—The panel shall receive periodic
reports from the State regarding progress in implementing
the corrective action plan and shall have the authority
to request additional information necessary to determine
compliance.
‘‘(D) MEETINGS.—The meetings of the panel to deter-
mine compliance shall be open to the public (subject to
confidentiality concerns) and held at locations that are
accessible to individuals with disabilities.
‘‘(E) PERIOD.—The panel shall carry out the duties
of the panel for the entire period of the corrective action
plan, as determined by the Secretary.
‘‘(F) FUNDING.—The panel shall be funded by a portion
of the funds received by the State under this title, as
directed by the Secretary.
H. R. 2339—30
‘‘(2) FAILURE TO APPOINT MONITORING PANEL.—A failure
by a Governor of a State to comply with the requirements
of paragraph (1) shall result in the termination of funding
for the State under this title.
‘‘(3) DETERMINATION.—
‘‘(A) PANEL.—Based on its findings, a monitoring panel
may determine that a lead agency designated by a Governor
has not accomplished the purposes described in section
2(b)(1) and that there is good cause for redesignation of
the agency and the temporary loss of funds by the State
under this title.
‘‘(B) GOOD CAUSE.—In this paragraph, the term ‘good
cause’ includes—
‘‘(i) lack of progress with employment of qualified
staff;
‘‘(ii) lack of consumer-responsive activities;
‘‘(iii) lack of resource allocation to systems change
and advocacy activities;
‘‘(iv) lack of progress with meeting the assurances
in section 102(e); or
‘‘(v) inadequate fiscal management.
‘‘(C) RECOMMENDATION AND ACTION.—If a monitoring
panel makes such a determination, the panel shall rec-
ommend to the Secretary that further remedial action be
taken or that the Secretary order the Governor to redesig-
nate the lead agency within 90 days or lose funds under
this title. The Secretary, based on the findings and rec-
ommendations of the monitoring panel, and after providing
to the public notice and an opportunity for comment, shall
make a final determination regarding whether to order
the Governor to redesignate the lead agency. The Governor
shall make any such redesignation in accordance with the
requirements that apply to designations under section
102(d).
‘‘(d) CHANGE OF PROTECTION AND ADVOCACY SERVICES PRO-
VIDER.—
‘‘(1) DETERMINATION.—The Governor of a State, based on
input from individuals with disabilities and their family mem-
bers, guardians, advocates, or authorized representatives, may
determine that the entity providing protection and advocacy
services required by section 102(e)(20) (referred to in this sub-
section as the ‘first entity’) has not met the protection and
advocacy service needs of the individuals with disabilities and
their family members, guardians, advocates, or authorized rep-
resentatives, for securing funding for and access to assistive
technology devices and assistive technology services, and that
there is good cause to provide the protection and advocacy
services for the State through a contract with a second entity.
‘‘(2) NOTICE AND OPPORTUNITY TO BE HEARD.—On making
such a determination, the Governor may not enter into a con-
tract with a second entity to provide the protection and
advocacy services unless good cause exists and unless—
‘‘(A) the Governor has given the first entity 30 days
notice of the intention to enter into such contract, including
specification of the good cause, and an opportunity to
respond to the assertion that good cause has been shown;
H. R. 2339—31
‘‘(B) individuals with disabilities and their family mem-
bers, guardians, advocates, or authorized representatives,
have timely notice of the determination and opportunity
for public comment; and
‘‘(C) the first entity has the opportunity to appeal the
determination to the Secretary within 30 days of the deter-
mination on the basis that there is not good cause to
enter into the contract.
‘‘(3) REDESIGNATION.—
‘‘(A) IN GENERAL.—When the Governor of a State deter-
mines that there is good cause to enter into a contract
with a second entity to provide the protection and advocacy
services, the Governor shall hold an open competition
within the State and issue a request for proposals by enti-
ties desiring to provide the services.
‘‘(B) TIMING.—The Governor shall not issue such
request until the first entity has been given notice and
an opportunity to respond. If the first entity appeals the
determination to the Secretary in accordance with para-
graph (2)(C), the Governor shall issue such request only
if the Secretary decides not to overturn the determination
of the Governor. The Governor shall issue such request
within 30 days after the end of the period during which
the first entity has the opportunity to respond, or after
the decision of the Secretary, as appropriate.
‘‘(C) PROCEDURE.—Such competition shall be open to
entities with the same expertise and ability to provide
legal services as a system referred to in section 102(e)(20).
The competition shall ensure public involvement, includ-
ing a public hearing and adequate opportunity for public
comment.
‘‘(e) ANNUAL REPORT.—
‘‘(1) IN
GENERAL.—Not later than December 31 of each
year, the Secretary shall prepare, and submit to the President
and to the Congress, a report on Federal initiatives, including
the initiatives funded under this Act, to improve the access
of individuals with disabilities to assistive technology devices
and assistive technology services.
‘‘(2) CONTENTS.—Such report shall include information on—
‘‘(A) the demonstrated successes of such Federal initia-
tives at the Federal and State levels in improving inter-
agency coordination, streamlining access to funding for
assistive technology, and producing beneficial outcomes for
users of assistive technology;
‘‘(B) the demonstration activities carried out through
the Federal initiatives to—
‘‘(i) promote access to such funding in public pro-
grams that were in existence on the date of the initi-
ation of the demonstration activities; and
‘‘(ii) establish additional options for obtaining such
funding;
‘‘(C) the education and training activities carried out
through the Federal initiatives to promote such access in
public programs and the health care system and the efforts
carried out through such activities to train professionals
in a variety of relevant disciplines, and increase the com-
H. R. 2339—32
petencies of the professionals with respect to technology-
related assistance;
‘‘(D) the education and training activities carried out
through the Federal initiatives to train individuals with
disabilities and their family members, guardians, advo-
cates, or authorized representatives, individuals who work
for public agencies, or for private entities (including insur-
ers), that have contact with individuals with disabilities,
educators and related services personnel, technology
experts (including engineers), employers, and other appro-
priate individuals, about technology-related assistance;
‘‘(E) the education and training activities carried out
through Federal initiatives to promote awareness of avail-
able funding in public programs;
‘‘(F) the research activities carried out through the
Federal initiatives to improve understanding of the costs
and benefits of access to assistive technology for individuals
with disabilities who represent a variety of ages and types
of disabilities;
‘‘(G) the program outreach activities to rural and inner-
city areas that are carried out through the Federal initia-
tives;
‘‘(H) the activities carried out through the Federal ini-
tiatives that are targeted to reach underrepresented popu-
lations and rural populations; and
‘‘(I) the consumer involvement activities in the pro-
grams carried out under this Act.
‘‘(3) AVAILABILITY OF ASSISTIVE TECHNOLOGY DEVICES AND
ASSISTIVE TECHNOLOGY SERVICES.—As soon as practicable, the
Secretary shall include in the annual report required by this
subsection information on the availability of assistive tech-
nology devices and assistive technology services. When a
national classification system for assistive technology devices
and assistive technology services is developed pursuant to sec-
tion 201, the Secretary shall report such information in a
manner consistent with such national classification system.
‘‘(f) INTERAGENCY DISABILITY COORDINATING COUNCIL.—
‘‘(1) CONTENTS.—On or before October 1, 1995, the Inter-
agency Disability Coordinating Council established under sec-
tion 507 of the Rehabilitation Act of 1973 (29 U.S.C. 794c)
shall prepare and submit to the President and to the Congress
a report containing—
‘‘(A) the response of the Interagency Disability Coordi-
nating Council to—
‘‘(i) the findings of the National Council on Disabil-
ity resulting from the study entitled ‘Study on the
Financing of Assistive Technology Devices and Services
for Individuals with Disabilities’, carried out in accord-
ance with section 201 of this Act, as in effect on the
day before the date of the enactment of this subsection;
and
‘‘(ii) the recommendations of the National Council
on Disability for legislative and administrative change,
resulting from such study; and
‘‘(B) information on any other activities of the Inter-
agency Disability Coordinating Council that facilitate the
H. R. 2339—33
accomplishment of section 2(b)(1) with respect to the Fed-
eral Government.
‘‘(2) COMMENTS.—The report shall include any comments
submitted by the National Council on Disability as to the
appropriateness of the response described in paragraph (1)(A)
and the effectiveness of the activities described in paragraph
(1)(B) in meeting the needs of individuals with disabilities
for assistive technology devices and assistive technology
services.
‘‘(g) EFFECT
ON OTHER ASSISTANCE.—This title may not be
construed as authorizing a Federal or a State agency to reduce
medical or other assistance available or to alter eligibility under
any other Federal law.’’.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
Section 106 (29 U.S.C. 2216) is amended to read as follows:
‘‘SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this title $50,000,000 for fiscal
year 1994, and such sums as may be necessary for each of the
fiscal years 1995 through 1998.
‘‘(b) RESERVATIONS.—
‘‘(1) PROVISION
OF
INFORMATION
AND
TECHNICAL
ASSIST-
ANCE.—
‘‘(A) IN GENERAL.—Of the funds appropriated for any
fiscal year under subsection (a), the Secretary shall reserve
at least 2 percent or $1,500,000, whichever is greater,
of such funds, for the purpose of providing information
and technical assistance as described in subparagraphs
(B) and (C) to States, individuals with disabilities and
their family members, guardians, advocates, or authorized
representatives, 
community-based 
organizations, 
and
protection and advocacy agencies.
‘‘(B) TECHNICAL ASSISTANCE TO STATES.—In providing
such information and technical assistance to States, the
Secretary shall consider the input of the directors of
consumer-responsive comprehensive statewide programs of
technology-related assistance, shall provide a clearinghouse
for activities that have been developed and implemented
through programs funded under this title, and shall provide
information and technical assistance that—
‘‘(i) facilitate service delivery capacity building,
training of personnel from a variety of disciplines, and
improvement of evaluation strategies, research, and
data collection;
‘‘(ii) foster the development and replication of effec-
tive approaches to information referral, interagency
coordination of training and service delivery, outreach
to underrepresented populations and rural populations,
and public awareness activities;
‘‘(iii) improve the awareness and adoption of
successful approaches to increasing the availability of
public and private funding for and access to the provi-
sion of assistive technology devices and assistive tech-
nology services by appropriate State agencies;
‘‘(iv) assist in planning, developing, implementing,
and evaluating appropriate activities to further extend
H. R. 2339—34
consumer-responsive comprehensive statewide pro-
grams of technology-related assistance;
‘‘(v) promote effective approaches to the develop-
ment of consumer-controlled systems that increase
access to, funding for, and awareness of, assistive tech-
nology devices and assistive technology services;
‘‘(vi) provide technical assistance and training to
the entities carrying out activities funded pursuant
to this title, to establish or participate in electronic
communication activities with other States; and
‘‘(vii) provide any other appropriate information
and technical assistance to assist the States in accom-
plishing the purposes of this Act.
‘‘(C) INFORMATION
AND
TECHNICAL
ASSISTANCE
TO
INDIVIDUALS WITH DISABILITIES AND OTHER PERSONS.—The
Secretary shall provide information and technical assist-
ance to individuals with disabilities and their family mem-
bers, guardians, advocates, or authorized representatives,
community-based 
organizations, 
and 
protection 
and
advocacy agencies, on a nationwide basis, to—
‘‘(i) disseminate information about, and foster
awareness and understanding of, Federal, State, and
local laws, regulations, policies, practices, procedures,
and organizational structures, that facilitate, and over-
come barriers to, funding for, and access to, assistive
technology devices and assistive technology services,
to promote fuller independence, productivity, and inclu-
sion for individuals with disabilities of all ages;
‘‘(ii) identify, collect, and disseminate information,
and provide technical assistance, on effective systems
change and advocacy activities;
‘‘(iii) improve the understanding and use of
assistive technology funding decisions made as a result
of policies, practices, and procedures, or through regu-
lations, administrative hearings, or legal actions, that
enhance access to funding for assistive technology
devices and assistive technology services for individuals
with disabilities;
‘‘(iv) promote effective approaches to Federal-State
coordination of programs for individuals with disabil-
ities, through information dissemination and technical
assistance activities in response to funding policy
issues identified on a nationwide basis by organiza-
tions, and individuals, that improve funding for or
access to assistive technology devices and assistive
technology services for individuals with disabilities of
all ages; and
‘‘(v) promote effective approaches to the develop-
ment of consumer-controlled systems that increase
access to, funding for, and awareness of, assistive tech-
nology devices and assistive technology services,
including the identification and description of mecha-
nisms and means that successfully support self-help
and peer mentoring groups for individuals with disabil-
ities.
‘‘(D) COORDINATION.—The Secretary shall coordinate
the information and technical assistance activities carried
H. R. 2339—35
out under subparagraph (B) or (C) with other activities
funded under this Act.
‘‘(E) GRANTS, CONTRACTS, OR
COOPERATIVE
AGREE-
MENTS.—
‘‘(i) IN GENERAL.—The Secretary shall provide the
technical assistance and information described in sub-
paragraphs (B) and (C) through grants, contracts, or
cooperative agreements with public or private agencies
and organizations, including institutions of higher edu-
cation, with documented experience, expertise, and
capacity to carry out identified activities related to
the provision of such technical assistance and informa-
tion.
‘‘(ii) 
ENTITIES
WITH
EXPERTISE
IN
ASSISTIVE
TECHNOLOGY
SERVICE
DELIVERY, 
INTERAGENCY
COORDINATION, AND SYSTEMS CHANGE AND ADVOCACY
ACTIVITIES.—For the purpose of achieving the objec-
tives described in paragraph (1)(B), the Secretary shall
reserve not less than 45 percent and not more than
55 percent of the funds reserved under subparagraph
(A) for each fiscal year for grants to, or contracts
or cooperative agreements with, public or private agen-
cies or organizations with documented experience with
and expertise in assistive technology service delivery,
interagency coordination, and systems change and
advocacy activities.
‘‘(iii) ENTITIES WITH EXPERTISE IN ASSISTIVE TECH-
NOLOGY SYSTEMS CHANGE AND ADVOCACY ACTIVITIES,
PUBLIC FUNDING OPTIONS, AND OTHER SERVICES.—For
the purpose of achieving the objectives described in
paragraph (1)(C), the Secretary shall reserve not less
than 45 percent and not more than 55 percent of
the funds reserved under subparagraph (A) for each
fiscal year for grants to, or contracts or cooperative
agreements with, public or private agencies or
organizations with documented experience with and
expertise in—
‘‘(I) assistive technology systems change and
advocacy activities;
‘‘(II) public funding options; and
‘‘(III) services to increase nationwide the avail-
ability of funding for assistive technology devices
and assistive technology services.
‘‘(iv) APPLICATION.—The Secretary shall make any
grants, and enter into any contracts or cooperative
agreements, under this subsection on a competitive
basis. To be eligible to receive funds under this sub-
section an agency, organization, or institution shall
submit an application to the Secretary at such time,
in such manner, and containing such information, as
the Secretary may require.
‘‘(2) ONSITE
VISITS.—The Secretary may reserve, from
amounts appropriated for any fiscal year under subsection (a),
such sums as the Secretary considers to be necessary for the
purposes of conducting onsite visits as required by section
105(a)(2).’’.
H. R. 2339—36
SEC. 107. REPEALS.
Section 107 (20 U.S.C. 2217) is repealed.
TITLE II—PROGRAMS OF NATIONAL
SIGNIFICANCE
SEC. 201. NATIONAL CLASSIFICATION SYSTEM.
Title II (29 U.S.C. 2231 et seq.) is amended by repealing part
A and inserting the following:
‘‘Subtitle A—National Classification
System
‘‘SEC. 201. CLASSIFICATION SYSTEM.
‘‘(a) SYSTEM DEVELOPMENT PROJECT.—
‘‘(1) IN GENERAL.—In fiscal year 1995, the Secretary shall
initiate a system development project, based on a plan devel-
oped in consultation and coordination with other appropriate
Federal and State agencies, to develop a national classification
system for assistive technology devices and assistive technology
services, with the goal of obtaining uniform data through such
a system on such devices and services across public programs
and information and referral networks.
‘‘(2) PROJECT PLAN.—
‘‘(A) REPRESENTATIVES.—In developing a plan for the
system development project, the Secretary shall consult
with, and coordinate activities with—
‘‘(i) representatives of Federal agencies, including
agencies that are headed by members of the Inter-
agency Disability Coordinating Council established
under section 507 of the Rehabilitation Act of 1973
(29 U.S.C. 794c); and
‘‘(ii) as determined by the Secretary, representa-
tives of State agencies and other appropriate organiza-
tions that have responsibility for or are involved in
the development and modification of assistive tech-
nology devices, the provision of assistive technology
devices and assistive technology services, or the
dissemination of information about assistive technology
devices and assistive technology services, including
recipients of grants or contracts for the provision of
technical assistance to State assistive technology
projects under section 106(b), assistive technology
reimbursement specialists, representatives of the State
assistive technology projects, and representatives of
organizations involved in information and referral
activities.
‘‘(B) ISSUES.—The Secretary shall conduct such con-
sultation, and such coordination of activities, with respect
to the following:
‘‘(i) The costs and benefits, on an agency-by-agency
basis, of obtaining uniform data through a national
classification system for assistive technology devices
H. R. 2339—37
and assistive technology services across public pro-
grams and information and referral networks.
‘‘(ii) The types of data that should be collected,
including data regarding funding, across a range of
programs, including the programs listed in subsection
(c)(2), as appropriate.
‘‘(iii) A methodology for developing a single taxon-
omy and nomenclature for both assistive technology
devices and assistive technology services across a range
of programs, including the programs listed in sub-
section (c)(2), as appropriate.
‘‘(iv) The process for developing an appropriate
data collection instrument or instruments.
‘‘(v) A methodology for collecting data across a
range of programs, including the programs listed in
subsection (c)(2), as appropriate.
‘‘(vi) The use of a national classification system
by the Internal Revenue Service and State finance
agencies to determine whether devices and services
are assistive technology devices or assistive technology
services for the purpose of determining whether a
deduction or credit is allowable under the Internal
Revenue Code of 1986 or State tax law.
‘‘(3) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Sec-
retary may carry out this section directly, or, if necessary,
by entering into contracts or cooperative agreements with
appropriate entities.
‘‘(b) SINGLE TAXONOMY.—In conducting the system development
project, the Secretary shall develop a national classification system
that includes a single taxonomy and nomenclature for assistive
technology devices and assistive technology services.
‘‘(c) DATA COLLECTION INSTRUMENT.—In conducting the system
development project, the Secretary shall develop a data collection
instrument to—
‘‘(1) collect data regarding funding for assistive technology
devices and assistive technology services; and
‘‘(2) collect such data from public programs, including, at
a minimum—
‘‘(A) programs carried out under title I, VI, or VII
of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.,
795 et seq., or 796 et seq.);
‘‘(B) programs carried out under part B or H of the
Individuals with Disabilities Education Act (20 U.S.C. 1411
et seq. or 1471 et seq.);
‘‘(C) programs carried out under title V or XIX of
the Social Security Act (42 U.S.C. 701 et seq. or 1396
et seq.);
‘‘(D) programs carried out under the Older Americans
Act of 1965 (42 U.S.C. 3001 et seq.); and
‘‘(E) programs carried out under the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6000 et seq.).
‘‘(d) CONSULTATION.—The Secretary shall conduct the system
development project in consultation with the Federal agencies that
were consulted in developing the project plan.
‘‘(e) REPORT
TO
THE
PRESIDENT
AND
THE
CONGRESS
ON
IMPLEMENTATION
OF UNIFORM DATA COLLECTION SYSTEM.—Not
H. R. 2339—38
later than July 1, 1997, the Secretary shall prepare and submit
to the President and the appropriate committees of Congress a
report containing—
‘‘(1) the results of the system development project; and
‘‘(2) the recommendations of the Secretary concerning
implementation of a national classification system, including
uniform data collection.
‘‘(f) RESERVATION.—From the amounts appropriated under sub-
title C for fiscal year 1995, the Secretary shall reserve up to
$200,000 to carry out this subtitle.’’.
SEC. 202. TRAINING AND DEMONSTRATION PROJECTS.
Title II (29 U.S.C. 2231 et seq.) is amended by repealing parts
B, C, and D and inserting the following:
‘‘Subtitle B—Training and Demonstration
Projects
‘‘SEC. 211. TRAINING.
‘‘(a) TECHNOLOGY TRAINING.—
‘‘(1) GENERAL
AUTHORITY.—The Secretary shall make
grants to, or enter into contracts or cooperative agreements
with, appropriate public or private agencies and organizations,
including institutions of higher education and community-based
organizations, for the purposes of—
‘‘(A) conducting training sessions;
‘‘(B) developing, demonstrating, disseminating, and
evaluating curricula, materials, and methods used to train
individuals regarding the provision of technology-related
assistance, to enhance opportunities for independence,
productivity, and inclusion of individuals with disabilities;
and
‘‘(C) providing training to develop awareness, skills,
and competencies of service providers, consumers, and vol-
unteers, who are located in rural areas, to increase the
availability of technology-related assistance in community-
based settings for rural residents who are individuals with
disabilities.
‘‘(2) ELIGIBLE
ACTIVITIES.—Activities conducted under
grants, contracts, or cooperative agreements described in para-
graph (1) may address the training needs of individuals with
disabilities and their family members, guardians, advocates,
and authorized representatives, individuals who work for public
agencies, or for private entities (including insurers), that have
contact with individuals with disabilities, educators and related
services personnel, technology experts (including engineers),
employers, and other appropriate individuals.
‘‘(3) USES
OF
FUNDS.—An agency or organization that
receives a grant or enters into a contract or cooperative agree-
ment under paragraph (1) may use amounts made available
through the grant, contract, or agreement to—
‘‘(A) pay for a portion of the cost of courses of training
or study related to technology-related assistance; and
‘‘(B) establish and maintain scholarships related to
such courses of training or study, with such stipends and
H. R. 2339—39
allowances as the Secretary may determine to be appro-
priate.
‘‘(4) APPLICATION.—
‘‘(A) IN GENERAL.—To be eligible to receive a grant
or enter into a contract or cooperative agreement under
paragraph (1), an agency or organization shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
require.
‘‘(B) STRATEGIES.—At a minimum, any such application
shall include a detailed description of the strategies that
the agency or organization will use to recruit and train
persons to provide technology-related assistance, in order
to—
‘‘(i) increase the extent to which such persons
reflect the diverse populations of the United States;
and
‘‘(ii) increase the number of individuals with
disabilities, and individuals who are members of minor-
ity groups, who are available to provide such assist-
ance.
‘‘(5) PRIORITIES.—
‘‘(A) IN GENERAL.—Beginning in fiscal year 1994, the
Secretary shall—
‘‘(i) establish priorities for activities carried out
with assistance under this subsection;
‘‘(ii) publish such priorities in the Federal Register
for the purpose of receiving public comment; and
‘‘(iii) publish such priorities in the Federal Register
in final form not later than the date on which the
Secretary publishes announcements for assistance pro-
vided under this subsection.
‘‘(B) EXPLANATION OF DETERMINATION OF PRIORITIES.—
Concurrent with the publications required by subparagraph
(A), the Secretary shall publish in the Federal Register
an explanation of the manner in which the priorities were
determined.
‘‘(b) TECHNOLOGY CAREERS.—
‘‘(1) IN GENERAL.—
‘‘(A) GRANTS.—The Secretary shall make grants to
assist public or private agencies and organizations, includ-
ing institutions of higher education, to prepare students
and faculty working in specific fields for careers relating
to the provision of assistive technology devices and assistive
technology services.
‘‘(B) FIELDS.—The specific fields described in subpara-
graph (A) may include—
‘‘(i) engineering;
‘‘(ii) industrial technology;
‘‘(iii) computer science;
‘‘(iv) communication disorders;
‘‘(v) special education and related services;
‘‘(vi) rehabilitation; and
‘‘(vii) social work.
‘‘(2) PRIORITY.—In awarding grants under paragraph (1),
the Secretary shall give priority to the interdisciplinary
preparation of personnel who provide or who will provide tech-
H. R. 2339—40
nical assistance, who administer programs, or who prepare
other personnel, in order to—
‘‘(A) support the development and implementation of
consumer-responsive comprehensive statewide programs of
technology-related assistance to individuals with disabil-
ities; and
‘‘(B) enhance the skills and competencies of individuals
involved in the provision of technology-related assistance,
including assistive technology devices and assistive tech-
nology services, to individuals with disabilities.
‘‘(3) USES
OF
FUNDS.—An agency or organization that
receives a grant under paragraph (1) may use amounts made
available through the grant to—
‘‘(A) pay for a portion of the cost of courses of training
or study related to technology-related assistance; and
‘‘(B) establish and maintain scholarships related to
such courses of training or study, with such stipends and
allowances as the Secretary may determine to be appro-
priate.
‘‘(4) APPLICATION.—
‘‘(A) IN GENERAL.—To be eligible to receive a grant
under this section, an agency or organization shall submit
an application to the Secretary at such time, in such man-
ner, and containing such information as the Secretary may
require.
‘‘(B) STRATEGIES.—At a minimum, any such application
shall include a detailed description of the strategies that
the agency or organization will use to recruit and train
persons to provide technology-related assistance, in order
to—
‘‘(i) increase the extent to which such persons
reflect the diverse populations of the United States;
and
‘‘(ii) increase the number of individuals with
disabilities, and individuals who are members of minor-
ity groups, who are available to provide such assist-
ance.
‘‘(c) GRANTS TO HISTORICALLY BLACK COLLEGES.—In exercising
the authority granted in subsections (a) and (b), the Secretary
shall reserve an adequate amount for grants to historically black
colleges and universities and other institutions of higher education
whose minority student enrollment is at least 50 percent.
‘‘SEC. 212. TECHNOLOGY TRANSFER.
‘‘The Secretary shall enter into an agreement with an organiza-
tion whose primary function is to promote technology transfer from,
and cooperation among, Federal laboratories (as defined in section
4(6) of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3703(6))), under which funds shall be provided to promote
technology transfer that will spur the development of assistive
technology devices.
‘‘SEC. 213. DEVICE AND EQUIPMENT REDISTRIBUTION INFORMATION
SYSTEMS AND RECYCLING CENTERS.
‘‘(a) IN GENERAL.—The Secretary shall make grants to, or enter
into contracts or cooperative agreements with, public agencies, pri-
vate entities, or institutions of higher education for the purpose
of developing and establishing recycling projects.
H. R. 2339—41
‘‘(b) 
PROJECT
ACTIVITIES.—Such 
recycling 
projects 
may
include—
‘‘(1) a system for accepting, on an unconditional gift basis,
assistive technology devices, including a process for valuing
the devices and evaluating their use and potential;
‘‘(2) a system for storing and caring for such devices;
‘‘(3) an information system (including computer databases)
by which local educational agencies, rehabilitation entities, local
community-based organizations, independent living centers,
and other entities, would be informed, on a periodic and timely
basis, about the availability and nature of the devices currently
held; and
‘‘(4) a system that makes such devices available to consum-
ers and the entities listed in paragraph (3), and provides for
tracking each device throughout the useful life of the device.
‘‘(c) MULTIPLE PROVIDERS.—
‘‘(1) IN GENERAL.—With respect to activities funded under
this section, an agency, entity, or institution may utilize a
single service provider or may establish a system of service
providers.
‘‘(2) ASSURANCES.—If an agency, entity, or institution uses
multiple providers, the agency, entity, or institution shall
assure that—
‘‘(A) all consumers within a State will receive 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, entity, or institution.
‘‘(d) OTHER LAWS.—Nothing in this section shall affect the
provision of services or devices pursuant to title I of the Rehabilita-
tion 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 established 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
section.
‘‘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 services.
‘‘SEC. 215. PRODUCTS OF UNIVERSAL DESIGN.
‘‘The Secretary may make grants to commercial or other enter-
prises and institutions of higher education for the research and
development of products of universal design. 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 pursuant to this
subtitle shall—
H. R. 2339—42
‘‘(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 disabilities and
their family members, guardians, advocates, and authorized
representatives 
information 
concerning 
technology-related
assistance in a form that will allow such individuals with
disabilities to effectively use such information;
‘‘(3) in preparing such information for dissemination, con-
sider the media-related needs of individuals with disabilities
who have sensory and cognitive limitations and consider the
use of auditory materials, including audio cassettes, visual
materials, including video cassettes and video discs, and braille
materials; and
‘‘(4) coordinate their efforts with the consumer-responsive
comprehensive statewide program of technology-related assist-
ance for individuals with disabilities 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 AUTHORIZED.
The Act (29 U.S.C. 2201 et seq.) is amended by adding at
the end the following:
‘‘TITLE III—ALTERNATIVE FINANCING
MECHANISMS
‘‘SEC. 301. GENERAL AUTHORITY TO PROVIDE ALTERNATIVE FINANC-
ING 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 expansion and administration of, alter-
native financing mechanisms (referred to individually in this title
as an ‘alternative financing mechanism’) to allow individuals with
disabilities and their family members, guardians, and authorized
representatives to purchase assistive technology devices and
assistive technology services.
‘‘(b) MECHANISMS.—The alternative financing mechanisms may
include—
‘‘(1) a low-interest loan fund;
‘‘(2) a revolving fund;
‘‘(3) a loan insurance program;
H. R. 2339—43
‘‘(4) a partnership with private entities for the purchase,
lease, or other acquisition of assistive technology devices or
the provision of assistive technology services; and
‘‘(5) other alternative financing mechanisms that meet the
requirements of this Act and are approved by the Secretary.
‘‘(c) CONSTRUCTION.—Nothing in this section shall be construed
as affecting the authority of a State to establish alternative financ-
ing mechanisms under title I.
‘‘SEC. 302. APPLICATIONS AND PROCEDURES.
‘‘(a) ELIGIBILITY.—States that receive or have received 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 regula-
tion, 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 provide 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 financing mechanisms that are covered by the
grant;
‘‘(B) an assurance that an alternative financing mecha-
nism will continue on a permanent basis; and
‘‘(C) a description of the degree to which the alternative
financing mechanisms to be funded under section 301 will
expand and emphasize 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 alter-
native financing mechanisms that are supported under sec-
tion 301; and
‘‘(B) shall require that such community-based organiza-
tion enter into a contract, for the purpose of expanding
opportunities under section 301 and facilitating the
administration of the alternative financing mechanisms,
with—
‘‘(i) commercial lending institutions or organiza-
tions; or
‘‘(ii) State financing agencies; and
‘‘(4) a contract between a State that receives a grant under
section 301 and a community-based organization described in
paragraph (3)—
‘‘(A) shall include a provision regarding the administra-
tion 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 Sec-
retary dealing with oversight and evaluation as may be
necessary to protect the financial interests of the United
States.
H. R. 2339—44
‘‘SEC. 303. GRANT ADMINISTRATION REQUIREMENTS.
‘‘A State that receives a grant under section 301, together
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 Secretary 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 administration
of the mechanism:
‘‘(1) A procedure to review and process in a timely fashion
requests for financial assistance for both immediate and poten-
tial technology needs, including consideration of methods to
reduce paperwork 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 access 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
applicants 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 receive a grant
under section 301 shall include in the application 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 costs described in
section 301(a), in cash, from State, local, or private sources.
‘‘(2) Funds that support an alternative financing mecha-
nism 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 options; and
‘‘(B) may only be distributed through the entity carry-
ing out the alternative financing mechanism as a payer
of last resort for assistance 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 financing mecha-
nism assisted under section 301, including funds repaid during
the life of the mechanism, shall be placed in a permanent
separate account and identified and accounted for separately
from any other fund. Funds within this account may be invested
in low-risk securities in which a regulated 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 intelligence
would exercise in the management of the financial affairs of
such person.
H. R. 2339—45
‘‘(4) Funds comprised of the principal and interest 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 before
such funds are distributed for purposes of supporting 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 paragraph (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 increased 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 submitted under section 302
for such year, the Secretary shall make such excess amount avail-
able, 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 applica-
tion shall contain an assurance that the State will provide an
additional amount for the purpose 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 Sec-
retary 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 applications for such year, a State
whose application was approved 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 information and
technical assistance to States under this title, and the information
and technical assistance shall include—
‘‘(1) assisting States in the preparation of applications 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 technical assist-
ance to assist States in accomplishing the objectives of this
title.
‘‘(b) GRANTS, CONTRACTS, AND AGREEMENTS.—The Secretary
shall provide the information and technical assistance described
in subsection (a) through grants, contracts, or cooperative agree-
ments with public or private agencies and organizations, including
institutions of higher education, with documented experience, exper-
tise, and capacity to assist States in the development and
H. R. 2339—46
implementation of the alternative financing mechanisms described
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 Congress stating whether
each State program to provide alternative financing mechanisms
that was supported under section 301 during the year is making
significant progress in achieving the objectives of this title.
‘‘(b) CONTENTS.—The report shall include information on—
‘‘(1) the number of applications for grants under section
301 that were received by the Secretary;
‘‘(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 alternative financing
mechanisms to the amount of Federal funds provided for such
program;
‘‘(4) the type of program to provide alternative financing
mechanisms that was adopted in each State and the commu-
nity-based organization (or consortia of such organizations) with
which each State has entered into a contract; and
‘‘(5) the amount of assistance given to consumers (who
shall be classified by age, type of disability, type of assistive
technology device or assistive technology service received,
geographic distribution within the State, gender, and whether
the consumers are part of an underrepresented population or
a rural population).
‘‘SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appropriated
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 obliga-
tion for the fiscal year immediately following the fiscal year for
which such amounts were appropriated.
‘‘(c) RESERVATION.—Of the amounts appropriated under sub-
section (a), the Secretary shall reserve $250,000 for the purpose
of providing information and technical assistance 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 subparagraph (D)
and inserting a comma;
(2) by striking the period at the end of subparagraph (E)
and inserting ‘‘, and’’; and
(3) by adding at the end the following:
‘‘(F) training in the use, applications, and benefits of
assistive technology devices and assistive technology services
H. R. 2339—47
(as defined in paragraphs (2) and (3) of section 3 of the Tech-
nology-Related Assistance for Individuals With Disabilities Act
of 1988 (29 U.S.C. 2202 (2) and (3))).’’.
SEC. 402. REHABILITATION ACT OF 1973.
(a) NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION
RESEARCH.—Section 202(b)(8) of the Rehabilitation Act of 1973 (29
U.S.C. 761a(b)(8)) is amended by striking ‘‘characteristics of individ-
uals with disabilities’’ and inserting ‘‘characteristics of individuals
with disabilities, including information on individuals with disabil-
ities who live in rural or inner-city settings, with particular atten-
tion given to underserved populations,’’.
(b) TRAINING.—Section 302(b)(1)(B) of the Rehabilitation 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:
‘‘(iv) projects to train personnel in the use, applications,
and benefits of assistive technology devices and assistive
technology services (as defined in paragraphs (2) and (3)
of section 3 of the Technology-Related Assistance for
Individuals 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 pur-
chase (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
facilities until the agency has been afforded an opportunity
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 pre-
viously satisfied 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 semicolon;
(B) in subparagraph (C)—
(i) by inserting ‘‘, or the previous purchase 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 subpara-
graph (E); and
(D) by inserting after subparagraph (C) the following:
H. R. 2339—48
‘‘(D) in the case of a request regarding a previously pur-
chased facility, information demonstrating that the facility will
be used principally as a Head Start center, or a direct support
facility for a Head Start program; and’’.
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 Tech-
nology-Related Assistance for Individuals With Disabilities Act of
1988 shall comply with the amendments made by this Act—
(1) as soon as practicable after the date of the enactment
of this Act, consistent with the effective and efficient adminis-
tration of the Technology-Related Assistance for Individuals
With Disabilities Act of 1988; but
(2) not later than—
(A) the next date on which the State receives an award
through a grant under section 102 or 103 of such Act;
or
(B) October 1, 1994,
whichever is sooner.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.