[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 2339 Enrolled Bill (ENR)]
H.R.2339
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To revise and extend the programs of the Technology-Related Assistance
for Individ-
uals With Disabilities Act of 1988, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Technology-Related
Assistance for Individuals With Disabilities Act Amendments of 1994''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Technology-
Related Assistance for Individuals With Disabilities Act of 1988 (29
U.S.C. 2201 et seq.).

ba85ccb5c7406b3179f43640cecf349a82db5f3c92809e6fe6779193c3f1d48f

TITLE V

-EFFECTIVE DATE

(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 economic,
political, social, cultural, and educational mainstream 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. Technology can provide
important tools for making the performance of tasks quicker and
easier.
``(3) For some individuals with disabilities, assistive
technology 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 disabilities.
``(4) Substantial progress has been made in the development of
assistive technology devices, including adaptations to existing
equipment, that significantly benefit individuals with disabilities
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 intervention, education,
rehabilitation and training, employment, residential living,
independent living, recreation, and other aspects of daily living.
``(5) Most States have technology-related assistance programs
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 individuals 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;
``(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 populations
and rural populations;
``(E) systems that ensure timely acquisition and delivery of
assistive technology devices and assistive technology services,
particularly with respect to children;
``(F) coordination among State human services programs, and
between such programs and private entities, particularly with
respect to transitions between such programs and entities; and
``(G) capacity in such programs to provide the necessary
technology-related assistance.
``(7) Many individuals with disabilities cannot access existing
telecommunications and information technologies and are at risk of
not being able to access developing technologies. The failure of
Federal and State governments, hardware manufacturers, 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 telecommunications 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 addition,
the Federal Government does not provide adequate assistance and
information with respect to the use of assistive technology devices
and assistive technology services to 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.''.
(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 assistance, for individuals
with disabilities of all ages, that is designed to--
``(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, advocates, 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 programs 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,
policies, practices, procedures, and organizational structures,
that facilitate the availability or provision of assistive
technology 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 technology
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
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;
``(J) increase the capacity of public agencies and private
entities to provide and pay for assistive technology devices 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 services, 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 services; 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
(including 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.''.

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Section 3 (29 U.S.C. 2202) is amended--
(1) by redesignating paragraphs (1) through (8) as paragraphs
(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 authorized
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 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 representatives 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 implemented by a State
under title I that--
``(A) addresses the needs of all individuals with
disabilities, 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 individuals,
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-responsive'
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 members,
guardians, advocates, or authorized representatives;
``(B) responds to the needs of individuals with disabilities
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 authorized
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 program 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 `individual
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 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 individual 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 organizational
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 community and the work
force.'';
(10) in paragraph (13) (as redesignated by paragraph (1))--
(A) by striking ``functions performed and activities carried
out under section 101'' and inserting ``assistance provided
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 paragraph
(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 proficiency.''.

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(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
privately 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 family
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,
can see and touch assistive technology devices, and learn
about the devices from personnel who are familiar 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 Disabilities 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 policies,
resources, and services, relating to the provision of assistive
technology devices and assistive technology services, 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 transition from
school to work, and transition from participation in programs
under part H of the Individuals with Disabilities 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 identification, 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 technology services,
including evidence of increased participation 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 organizations and groups with efforts (including
self-help, support groups, and peer mentoring) to assist individuals
with disabilities and their family members, guardians, advocates, or
authorized 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 conduct 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
provided;
``(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
technology 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 available to
establish a consumer-responsive comprehensive statewide program
of technology-related assistance;
``(F) information identifying Federal and State laws,
regulations, policies, practices, procedures, and organizational
structures, that facilitate or interfere with the operation 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, including 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 individuals 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 family
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 entities;
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 information
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 individuals.
``(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--
``(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 technology devices and
assistive technology services in developing, for the
individual, any individualized education program
described in section 614(a)(5) of the Individuals with
Disabilities Education Act (20 U.S.C. 1414(a)(5)), any
individualized 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 persons
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 participation
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
development of standards, or, when appropriate, the
application of such standards, to ensure the availability of
qualified personnel.
``(8) Program data.--The State may support the compilation 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 concerning an activity
carried out under another paragraph of this subsection,
including information about assistive technology devices and
assistive technology services, funding sources and costs of such
assistance, and individuals, 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 libraries, 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 section 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 strategies
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 system established
in subparagraph (A), and of the nature of such inquiries.
``(D) Linkages.--The information system may be organized on
an interstate basis or as part of a regional consortium of
States in order to facilitate the establishment of compatible,
linked information systems.
``(10) Interstate activities.--
``(A) In general.--The State may enter into cooperative
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 technology 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 partnerships 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 dissemination of
assistive technology devices; and
``(B) the ongoing provision of information about new
products to assist individuals with disabilities.
``(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.''.

0cd86a7172ddba6b0c10922732209b89198ebef13f823ee244e39a45b7d70a2c

TITLE I

-GRANTS TO STATES

d2f270dddc5c923e5bd6a689306e76f09a6bc0f999db30060a5b93084586bde0

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 subsection (b)(2).
``(b) Standards.--
``(1) Initial extension grant.--In order for a State to receive
an initial extension grant under this section, the designated 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-responsive
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 demonstration
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 program 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 commitments
for the program from the public and private sector and the
key individuals, agencies, and organizations 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 comprehensive 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.
``(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 populations,
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 program 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 paragraph
(1)(D).
``(d) Application.--A State that desires to receive an extension
grant under this section shall submit an application to the Secretary
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 technology-
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 appropriate 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 dissemination
of information to eligible populations, with special attention
to underrepresented populations and rural populations.
``(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 development 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 assistance 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.
``(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 authorized 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 technology-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 comprehensive
statewide program of technology-related assistance; 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 hearing 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
members, guardians, advocates, or authorized representatives;
``(B) public service providers and private service
providers;
``(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 section 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 organizations and all segments of the
public an opportunity to comment on the program.
``(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).''.

c21adf23d0192442ee1fe7e1a36a9eb7bd981b7cdf209b8fdc7ffc2a8180d09f

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 comprehensive 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,
practices, 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 services; and
``(B) a description of any written policies and procedures
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 services such as
agreements that identify available resources for assistive
technology devices and assistive technology services 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 populations 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 technology-
related assistance, including activities undertaken to improve such
involvement, such as consumer training and outreach 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).''.

dc305ee1a562a716a6e6d24649068c6205678551a3f2274d0aa40dbceb187dac

(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 Secretary 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 provided 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 program of technology-
related assistance.
``(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 compensation 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 consider the
findings in determining whether to continue funding 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 comment
through such notice from individuals with disabilities and their
family members, guardians, advocates, and authorized
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 program 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)--
(A) in the heading, by striking ``Penalties'' and inserting
``Corrective actions'';
(B) in the matter preceding subparagraph (A), by striking
``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
private nonprofit organizations that represent the interests
of individuals with disabilities.
``(iii) 2 consumers who are users of assistive
technology devices and assistive technology services and who
are not--
``(I) members of the advisory council, if any, of
the consumer-responsive comprehensive statewide program
of technology-related assistance; or
``(II) employees of the State lead agency.
``(iv) 2 service providers with knowledge and expertise
in assistive technology devices and assistive technology
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 determine
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.
``(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 recommend to the
Secretary that further remedial action be taken or that the
Secretary order the Governor to redesignate the lead agency
within 90 days or lose funds under this title. The Secretary,
based on the findings and recommendations 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 Provider.--
``(1) Determination.--The Governor of a State, based on input
from individuals with disabilities and their family members,
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 subsection 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 representatives, 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 contract 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;
``(B) individuals with disabilities and their family
members, 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
determination 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 determines
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 entities 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 paragraph (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, including 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 initiatives
at the Federal and State levels in improving interagency
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 programs
that were in existence on the date of the initiation 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 competencies 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, advocates, or
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, about
technology-related assistance;
``(E) the education and training activities carried out
through Federal initiatives to promote awareness of available
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 initiatives;
``(H) the activities carried out through the Federal
initiatives that are targeted to reach underrepresented
populations and rural populations; and
``(I) the consumer involvement activities in the programs
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 technology devices and assistive
technology services. When a national classification system for
assistive technology devices and assistive technology services is
developed pursuant to section 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 Interagency
Disability Coordinating Council established under section 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
Coordinating Council to--
``(i) the findings of the National Council on Disability
resulting from the study entitled `Study on the Financing of
Assistive Technology Devices and Services for Individuals
with Disabilities', carried out in accordance 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 Interagency
Disability Coordinating Council that facilitate the
accomplishment of section 2(b)(1) with respect to the Federal
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.''.

dd317924e00c33d938d99d84e3d778b0e4a62affc967e4a5fdcafb3bc2fb3789

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 assistance.--
``(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
effective 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 provision of assistive
technology devices and assistive technology services by
appropriate State agencies;
``(iv) assist in planning, developing, implementing, and
evaluating appropriate activities to further extend
consumer-responsive comprehensive statewide programs of
technology-related assistance;
``(v) promote effective approaches to the development of
consumer-controlled systems that increase access to, funding
for, and awareness of, assistive technology 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 accomplishing
the purposes of this Act.
``(C) Information and technical assistance to individuals
with disabilities and other persons.--The Secretary shall
provide information and technical assistance to individuals with
disabilities and their family members, 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 overcome
barriers to, funding for, and access to, assistive
technology devices and assistive technology services, to
promote fuller independence, productivity, and inclusion 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 regulations,
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 disabilities,
through information dissemination and technical assistance
activities in response to funding policy issues identified
on a nationwide basis by organizations, 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 development of
consumer-controlled systems that increase access to, funding
for, and awareness of, assistive technology devices and
assistive technology services, including the identification
and description of mechanisms and means that successfully
support self-help and peer mentoring groups for individuals
with disabilities.
``(D) Coordination.--The Secretary shall coordinate the
information and technical assistance activities carried out
under subparagraph (B) or (C) with other activities funded under
this Act.
``(E) Grants, contracts, or cooperative agreements.--
``(i) In general.--The Secretary shall provide the
technical assistance and information described in
subparagraphs (B) and (C) through grants, contracts, or
cooperative agreements with public or private agencies and
organizations, including institutions of higher education,
with documented experience, expertise, and capacity to carry
out identified activities related to the provision of such
technical assistance and information.
``(ii) Entities with expertise in assistive technology
service delivery, interagency coordination, and systems
change and advocacy activities.--For the purpose of
achieving the objectives 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
agencies 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 technology
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
availability 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 subsection 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).''.

c33408e6a86d8667523c847c787ff132b6c4bc72b282cff90a7ff25cebb1f438

Section 107 (20 U.S.C. 2217) is repealed.

bb535ce626f4179707e8214c7bbc9e6459d77f412689eeb2c5d15f5cbeee22d9

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 developed 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 Interagency
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, representatives
of State agencies and other appropriate organizations that
have responsibility for or are involved in the development
and modification of assistive technology 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
consultation, 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 and
assistive technology services across public programs 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 taxonomy
and nomenclature for both assistive technology devices and
assistive technology services across a range of programs,
including the programs listed in subsection (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 Secretary 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 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 subtitle C
for fiscal year 1995, the Secretary shall reserve up to $200,000 to
carry out this subtitle.''.

e2d2faa00ebe6858313cef3bd7a4d6f73fe2c3d9f51b2a1ab5c02ae471ff5ed0

TITLE II

-PROGRAMS OF NATIONAL SIGNIFICANCE

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 volunteers,
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 paragraph (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 agreement 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 allowances
as the Secretary may determine to be appropriate.
``(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 minority
groups, who are available to provide such assistance.
``(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 provided 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, including
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 subparagraph
(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 technical 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 disabilities;
and
``(B) enhance the skills and competencies of individuals
involved in the provision of technology-related assistance,
including assistive technology devices and assistive technology
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 appropriate.
``(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 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 minority
groups, who are available to provide such assistance.
``(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 organization
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, private
entities, or institutions of higher education for the purpose of
developing and establishing recycling projects.
``(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 consumers
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
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) or part B of the
Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
``(e) Existing Programs.--Public agencies, private entities, or
institutions of higher education that have 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 enterprises
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--
``(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, consider
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 assistance 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.''.

b3d18950adac45066521d3c728fdb43e57235814e649f783c9961edc2ad417cd

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 FINANCING
MECHANISMS.
``(a) In General.--The Secretary shall award grants to States to pay
for the Federal share of the cost of the establishment and
administration of, or the expansion and administration of, alternative
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;
``(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 financing
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 regulation,
determine, except that--
``(1) a State may receive only 1 grant under section 301 and may
only receive such a grant for 1 year under this title;
``(2) a State that desires to receive a grant under section 301
shall submit an application to the Secretary, at such time and in
such manner as the Secretary may require, containing--
``(A) an assurance that the State will 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 mechanism
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 alternative financing
mechanisms that are supported under section 301; and
``(B) shall require that such community-based organization
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 organizations;
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 administration
of the Federal and the non-Federal shares in a manner consistent
with the provisions of this title; and
``(B) shall include any provision required by the Secretary
dealing with oversight and evaluation as may be necessary to
protect the financial interests of the United States.
``SEC. 303. GRANT ADMINISTRATION REQUIREMENTS.
``A State that receives a grant under section 301, 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 potential
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 mechanism
assisted under section 301--
``(A) shall be used to supplement and not supplant other
Federal, State, and local public funds expended to provide
public funding options; and
``(B) may only be distributed through the entity carrying
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 mechanism
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.
``(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 available, on a competitive
basis, to States receiving grants under section 301 for such year. A
State that desires to receive additional funds under this subsection
shall amend and resubmit to the Secretary the application submitted
under section 302. Such amended application shall contain an assurance
that the State will provide an additional amount for the 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 Secretary under this subsection.
``(c) Insufficient Funds.--If funds appropriated under section 308
for a fiscal year are not sufficient to fund each of the activities
described in the acceptable 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 assistance
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 agreements with public or
private agencies and organizations, including institutions of higher
education, with documented experience, expertise, and capacity to assist
States in the development and 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 community-based
organization (or consortia of such organizations) with which each
State has entered into a contract; and
``(5) the amount of assistance given to 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 obligation for the
fiscal year immediately following the fiscal year for which such amounts
were appropriated.
``(c) Reservation.--Of the amounts appropriated under subsection
(a), the Secretary shall reserve $250,000 for the purpose of providing
information and technical assistance to States under section 306.''.

52247489b1aad5ac7effd6f402a85b56b9589679fbe8695305e20f6191984ea2

TITLE III

-ALTERNATIVE FINANCING MECHANISMS

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 (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))).''.

6612e10f66aad5b8d49257f8b7dbbe6a706fbe4b7d947e1da688d1e0a7db1230

TITLE IV

-AMENDMENTS TO OTHER ACTS

(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 individuals with
disabilities'' and inserting ``characteristics of individuals with
disabilities, including information on individuals with disabilities who
live in rural or inner-city settings, with particular attention 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))).''.

9cde4898a9411d05f31a518bbdaf1e0a8e243945912e0e53abe3d5c681bef8ce

Section 644(f) of the Head Start Act (42 U.S.C. 9839(f)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``, or to request approval of the purchase
(after December 31, 1986) of facilities,'' after ``to purchase
facilities''; and
(B) by adding at the end the following: ``The Secretary
shall suspend any proceedings pending against any Head Start
agency to claim costs incurred in purchasing such 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 previously 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 subparagraph (E);
and
(D) by inserting after subparagraph (C) the following:
``(D) in the case of a request regarding a previously purchased
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''.

9e14a0efae6f810318740a73298e3a2e51b7c4c7c40f3a6d9fcd2b523c2981a1

(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)''.

53a530ed7b32b02cdc5aceebade5d725a1b113b40a921311e72c965b71631121

(a) In General.--Except as otherwise specifically provided in this
Act, this Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act.
(b) Compliance.--Each State receiving a grant under the Technology-
Related Assistance for Individuals 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 administration
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.

4344f1ec9bc91127af3843207148eba26c8a718b1c418b9b89bd2e2cbbb4e3f5

Authorization bill FY94, Disabled Individuals — HR. 2339

Other Sections

TITLE V

TITLE I

TITLE II

TITLE III

TITLE IV

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