[Congressional Record Volume 140, Number 11 (Tuesday, February 8, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: February 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
CONCURRING IN SENATE AMENDMENT TO H.R. 2339, TECHNOLOGY-RELATED
ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES ACT AMENDMENTS OF 1994,
WITH AN AMENDMENT
Mr. OWENS. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 351) to take from the Speaker's table the bill
(H.R. 2339) to revise and extend the programs of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988, and for other
purposes, with a Senate amendment thereto, and concur in the Senate
amendment with an amendment.
The Clerk read as follows:
H. Res. 351
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(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:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Findings, purposes, and policy.
Sec. 4. Definitions.
TITLE I--GRANTS TO STATES
Sec. 101. Program authorized.
Sec. 102. Development grants.
Sec. 103. Extension grants.
Sec. 104. Progress criteria and reports.
Sec. 105. Administrative provisions.
Sec. 106. Authorization of appropriations.
Sec. 107. Repeals.
TITLE II--PROGRAMS OF NATIONAL SIGNIFICANCE
Sec. 201. National classification system.
Sec. 202. Training and demonstration projects.
TITLE III--ALTERNATIVE FINANCING MECHANISMS
Sec. 301. Alternative financing mechanisms authorized.
TITLE IV--AMENDMENTS TO OTHER ACTS
Sec. 401. Individuals with Disabilities Education Act.
Sec. 402. Rehabilitation Act of 1973.
Sec. 403. Administrative requirements under the Head Start Act.
Sec. 404. Technical and conforming amendments.
TITLE V--EFFECTIVE DATE
Sec. 501. Effective date.
SEC. 2. REFERENCES.
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.).
SEC. 3. FINDINGS, PURPOSES, AND POLICY.
(a) Section Heading.--Section 2 (29 U.S.C. 2201) is amended
by striking the heading and inserting the following:
``SEC. 2. FINDINGS, PURPOSES, AND POLICY.''.
(b) Findings.--Section 2(a) (29 U.S.C. 2201(a)) is amended
to read as follows:
``(a) Findings.--The Congress finds as follows:
``(1) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to--
``(A) live independently;
``(B) enjoy self-determination;
``(C) make choices;
``(D) pursue meaningful careers; and
``(E) enjoy full inclusion and integration in the 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.''.
SEC. 4. DEFINITIONS.
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.''.
TITLE I--GRANTS TO STATES
SEC. 101. PROGRAM AUTHORIZED.
(a) Grants to States.--Section 101(a) (29 U.S.C. 2211(a))
is amended--
(1) by inserting after ``provisions of this title'' the
following: ``to support systems change and advocacy
activities designed''; and
(2) by striking ``to develop and implement'' and inserting
``in developing and implementing''.
(b) Activities.--Section 101 (29 U.S.C. 2211) is amended by
striking subsections (b) and (c) and inserting the following:
``(b) Activities.--Any State that receives a grant under
section 102 or 103 shall use the funds made available through
the grant to accomplish the purposes described in section
2(b)(1) and, in accomplishing such purposes, may carry out
any of the following systems change and advocacy activities:
``(1) Model systems and alternative state-financed
systems.--The State may support activities to increase access
to, and funding for, assistive technology, including--
``(A) the development, and evaluation of the efficacy, of
model delivery systems that provide assistive technology
devices and assistive technology services to individuals with
disabilities, that pay for such devices and services, and
that, if successful, could be replicated or generally
applied, such as--
``(i) the development of systems for the purchase, lease,
other acquisition, or payment for the provision, of assistive
technology devices and assistive technology services; or
``(ii) the establishment of alternative State or 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.''.
SEC. 102. DEVELOPMENT GRANTS.
Section 102 (29 U.S.C. 2212) is amended--
(1) in subsection (a)--
(A) by striking ``3-year grants'' and inserting ``3-year
grants to support systems change and advocacy activities
described in section 101(b) (including activities described
in subsection (e)(7))''; and
(B) by striking ``to develop and implement statewide
programs'' and inserting ``in developing and implementing
consumer-responsive comprehensive statewide programs'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in subsection (b) (as redesignated in paragraph (3))--
(A) in paragraph (3)(C), by striking ``statewide program''
and inserting ``consumer-responsive comprehensive statewide
program''; and
(B) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking ``(A)'' and inserting ``(A) State.--'';
(II) by inserting ``United States'' before ``Virgin
Islands''; and
(III) by striking ``Trust Territory of the Pacific
Islands'' and inserting ``Republic of Palau''; and
(ii) in subparagraph (B)--
(I) by striking ``(B)'' and inserting ``(B) Territory.--'';
(II) by inserting ``United States'' before ``Virgin
Islands''; and
(III) by striking ``Trust Territory of the Pacific
Islands'' and inserting ``Republic of Palau (until the
Compact of Free Association takes effect)'';
(5) in paragraph (2) of subsection (c) (as redesignated in
paragraph (3)) by striking ``statewide programs'' and
inserting ``consumer-responsive comprehensive statewide
programs'';
(6) by inserting after such subsection (c) the following:
``(d) Designation of the Lead Agency.--
``(1) Designation.--The Governor of any State that desires
to receive a grant under this section shall designate the
office, agency, entity, or individual (referred to in this
Act as the `lead agency') responsible for--
``(A) submitting the application described in subsection
(e) on behalf of the State;
``(B) administering and supervising the use of amounts made
available under the grant;
``(C)(i) coordinating efforts related to, and supervising
the preparation of, the application;
``(ii) coordinating the planning, development,
implementation, and evaluation of the consumer-responsive
comprehensive statewide program of technology-related
assistance among public agencies and between public agencies
and private agencies, including coordinating efforts related
to entering into interagency agreements; and
``(iii) coordinating efforts related to, and supervising,
the active, timely, and meaningful participation by
individuals with disabilities and their family members,
guardians, advocates, or authorized representatives, and
other appropriate individuals, with respect to activities
carried out under the grant; and
``(D) the delegation, in whole or in part, of any
responsibilities described in subparagraph (A), (B), or (C)
to one or more appropriate offices, agencies, entities, or
individuals.
``(2) Qualifications.--In designating the lead agency, the
Governor may designate--
``(A) a commission appointed by the Governor;
``(B) a public-private partnership or consortium;
``(C) a university-affiliated program;
``(D) a public agency;
``(E) a council established under Federal or State law; or
``(F) another appropriate office, agency, entity, or
individual.
``(3) Abilities of lead agency.--The State shall provide,
in accordance with subsection (e)(1), evidence that the lead
agency has the ability--
``(A) to respond to assistive technology needs across
disabilities and ages;
``(B) to promote the availability throughout the State of
assistive technology devices and assistive technology
services;
``(C) to promote and implement systems change and advocacy
activities;
``(D) to promote and develop public-private partnerships;
``(E) to exercise leadership in identifying and responding
to the technology needs of individuals with disabilities and
their family members, guardians, advocates, and authorized
representatives;
``(F) to promote consumer confidence, responsiveness, and
advocacy; and
``(G) to exercise leadership in implementing effective
strategies for capacity building, staff and consumer
training, and enhancement of access to funding for assistive
technology devices and assistive technology services across
agencies.'';
(7) in subsection (e)--
(A) by striking paragraphs (1), (2), and (3) and inserting
the following:
``(1) Designation of the lead agency.--Information
identifying the lead agency designated by the Governor under
subsection (d)(1), and the evidence described in subsection
(d)(3).
``(2) Agency involvement.--A description of the nature and
extent of involvement of various State agencies, including
the State insurance department, in the preparation of the
application and the continuing role of each agency in the
development and implementation of the consumer-responsive
comprehensive statewide program of technology-related
assistance, including the identification of the available
resources and financial responsibility of each agency for
paying for assistive technology devices and assistive
technology services.
``(3) Involvement.--
``(A) Consumer involvement.--A description of procedures
that provide for--
``(i)(I) the active involvement of individuals with
disabilities and their family members, guardians, advocates,
and authorized representatives, and other appropriate
individuals, in the development, implementation, and
evaluation of the program; and
``(II) the active involvement, to the maximum extent
appropriate, of individuals with disabilities who use
assistive technology devices or assistive technology
services, in decisions relating to such devices and services;
and
``(ii) mechanisms for determining consumer satisfaction and
participation of individuals with disabilities who represent
a variety of ages and types of disabilities, in the consumer-
responsive comprehensive statewide program of technology-
related assistance.
``(B) Public involvement.--A description of the nature and
extent of--
``(i) the involvement, in the designation of the lead
agency under subsection (d), and in the development of the
application, of--
``(I) individuals with disabilities and their family
members, guardians, advocates, or authorized representatives;
``(II) other appropriate individuals who are not employed
by a State agency; and
``(III) organizations, providers, and interested parties,
in the private sector; and
``(ii) the continuing role of the individuals and entities
described in clause (i) in the program.'';
(B) in paragraph (4), by striking ``underserved groups''
and inserting ``underrepresented populations or rural
populations'';
(C) in paragraphs (4) and (5), by striking ``statewide
program'' each place the term appears and inserting
``consumer-responsive comprehensive statewide program'';
(D) by striking paragraphs (6), (7), and (17);
(E) by redesignating paragraphs (8) and (9) as paragraphs
(17) and (18), respectively, and transferring such paragraphs
to the end of the subsection;
(F) by inserting after paragraph (5) the following:
``(6) Goals, objectives, activities, and outcomes.--
Information on the program with respect to--
``(A) the goals and objectives of the State for the
program;
``(B) the systems change and advocacy activities that the
State plans to carry out under the program; and
``(C) the expected outcomes of the State for the program,
consistent with the purposes described in section 2(b)(1).
``(7) Priority activities.--
``(A) In general.--An assurance that the State will use
funds made available under this section or section 103 to
accomplish the purposes described in section 2(b)(1) and the
goals, objectives, and outcomes described in paragraph (6),
and to carry out the systems change and advocacy activities
described in paragraph (6)(B), in a manner that is consumer-
responsive.
``(B) Particular activities.--An assurance that the State,
in carrying out such systems change and advocacy activities,
shall carry out activities regarding--
``(i) the development, implementation, and monitoring of
State, regional, and local laws, regulations, policies,
practices, procedures, and organizational structures, that
will improve access to, provision of, funding for, and timely
acquisition and delivery of, assistive technology devices and
assistive technology services;
``(ii) the development and implementation of strategies to
overcome barriers regarding access to, provision of, and
funding for, such devices and services, with priority for
identification of barriers to funding through State education
(including special education) services, vocational
rehabilitation services, and medical assistance services or,
as appropriate, other health and human services, and with
particular emphasis on overcoming barriers for
underrepresented populations and rural populations;
``(iii) coordination of activities among State agencies, in
order to facilitate access to, provision of, and funding for,
assistive technology devices and assistive technology
services;
``(iv) the development and implementation of strategies to
empower individuals with disabilities and their family
members, guardians, advocates, and authorized
representatives, to successfully advocate for increased
access to, funding for, and provision of, assistive
technology devices and assistive technology services, and to
increase the participation, choice, and control of such
individuals with disabilities and their family members,
guardians, advocates, and authorized representatives in the
selection and procurement of assistive technology devices and
assistive technology services;
``(v) the provision of outreach to underrepresented
populations and rural populations, including identifying and
assessing the needs of such populations, providing activities
to increase the accessibility of services to such
populations, training representatives of such populations to
become service providers, and training staff of the consumer-
responsive comprehensive statewide program of technology-
related assistance to work with such populations; and
``(vi) the development and implementation of strategies to
ensure timely acquisition and delivery of assistive
technology devices and assistive technology services,
particularly for children,
unless the State demonstrates through the progress reports
required under section 104 that significant progress has been
made in the development and implementation of a consumer-
responsive comprehensive statewide program of technology-
related assistance, and that other systems change and
advocacy activities will increase the likelihood that the
program will accomplish the purposes described in section
2(b)(1).
``(8) Assessment.--An assurance that the State will conduct
an annual assessment of the consumer-responsive comprehensive
statewide program of technology-related assistance, in order
to determine--
``(A) the extent to which the State's goals and objectives
for systems change and advocacy activities, as identified in
the State plan under paragraph (6), have been achieved; and
``(B) the areas of need that require attention in the next
year.
``(9) Data collection.--A description of--
``(A) the data collection system used for compiling
information on the program, consistent with such requirements
as the Secretary may establish for such systems, and, when a
national classification system is developed pursuant to
section 201, consistent with such classification system; and
``(B) procedures that will be used to conduct evaluations
of the program.'';
(G) in paragraphs (11)(B)(i) and (12)(B) by striking
``individual with disabilities'' and inserting ``individual
with a disability'';
(H) in paragraph (16)(A), by striking ``the families or
representatives of individuals with disabilities'' and
inserting ``their family members, guardians, advocates, or
authorized representatives''; and
(I) by adding at the end the following:
``(19) Authority to use funds.--An assurance that the lead
agency will have the authority to use funds made available
through a grant made under this section or section 103 to
comply with the requirements of this section or section 103,
respectively, including the ability to hire qualified staff
necessary to carry out activities under the program.
``(20) Protection and advocacy services.--Either--
``(A) an assurance that the State will annually provide,
from the funds made available to the State through a grant
made under this section or section 103, an amount calculated
in accordance with subsection (f)(4), in order to make a
grant to, or enter into a contract with, an entity to support
protection and advocacy services through the systems
established to provide protection and advocacy under the
Developmental Disabilities Assistance and Bill of Rights Act
(42 U.S.C. 6000 et seq.), the Protection and Advocacy for
Mentally Ill Individuals Act (42 U.S.C. 10801 et seq.), and
section 509 of the Rehabilitation Act of 1973 (29 U.S.C.
794e); or
``(B) at the discretion of the State, a request that the
Secretary annually reserve, from the funds made available to
the State through a grant made under this section or section
103, an amount calculated in accordance with subsection
(f)(4), in order for the Secretary to make a grant to or
enter into a contract with such a system to support
protection and advocacy services.
``(21) Training activities.--An assurance that the State--
``(A) will develop and implement strategies for including
personnel training regarding assistive technology within
existing Federal- and State-funded training initiatives, in
order to enhance assistive technology skills and
competencies; and
``(B) will document such training.
``(22) Limit on indirect costs.--An assurance that the
percentage of the funds received under the grant that is used
for indirect costs shall not exceed 10 percent.
``(23) Coordination with state councils.--An assurance that
the lead agency will coordinate the activities funded through
a grant made under this section or section 103 with the
activities carried out by other councils within the State,
including--
``(A) any council or commission specified in the assurance
provided by the State in accordance with section 101(a)(36)
of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(36));
``(B) the Statewide Independent Living Council established
under section 705 of the Rehabilitation Act of 1973 (29
U.S.C. 796d);
``(C) the advisory panel established under section
613(a)(12) of the Individuals with Disabilities Education Act
(20 U.S.C. 1413(a)(12));
``(D) the State Interagency Coordinating Council
established under section 682 of the Individuals with
Disabilities Education Act (20 U.S.C. 1482);
``(E) the State Planning Council described in section 124
of the Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 6024);
``(F) the State mental health planning council established
under section 1914 of the Public Health Service Act (42
U.S.C. 300x-3); and
``(G) any council established under section 204,
206(g)(2)(A), or 712(a)(3)(H) of the Older Americans Act of
1965 (42 U.S.C. 3015, 3017(g)(2)(A), or 3058g(a)(3)(H)).
``(24) Coordination with other systems change and advocacy
activities.--An assurance that there will be coordination
between the activities funded through the grant and other
related systems change and advocacy activities funded by
either Federal or State sources.
``(25) Other information and assurances.--Such other
information and assurances as the Secretary may reasonably
require.''; and
(8) by adding at the end the following:
``(f) Protection and Advocacy Requirements.--
``(1) Requirements.--A State that, as of June 30, 1993, has
provided for protection and advocacy services through an
entity that--
``(A) is capable of performing the functions that would
otherwise be performed under subsection (e)(20) by the system
described in subsection (e)(20); and
``(B) is not a system described in such subsection,
shall be considered to meet the requirements of such
subsection. Such entity shall receive funding to provide such
protection and advocacy services in accordance with paragraph
(4), and shall comply with the same requirements of this
title (other than the requirements of such subsection) as a
system that receives funding under such subsection.
``(2) Protection and advocacy service provider report.--
``(A) Preparation.--A system that receives funds under
subsection (e)(20) to carry out the protection and advocacy
services described in subsection (e)(20)(A) in a State, or an
entity described in paragraph (1) that carries out such
services in the State, shall prepare reports that contain
such information as the Secretary may require, including the
following:
``(i) A description of the activities carried out by the
system or entity with such funds.
``(ii) Documentation of significant progress, in providing
protection and advocacy services, in each of the following
areas:
``(I) Conducting activities that are consumer-responsive,
including activities that will lead to increased access to
funding for assistive technology devices and assistive
technology services.
``(II) Executing legal, administrative, and other
appropriate means of representation to implement systems
change and advocacy activities.
``(III) Developing and implementing strategies designed to
enhance the long-term abilities of individuals with
disabilities and their family members, guardians, advocates,
and authorized representatives to successfully advocate for
assistive technology devices and assistive technology
services to which the individuals with disabilities are
entitled under law other than this Act.
``(IV) Coordinating activities with protection and advocacy
services funded through sources other than this Act, and
coordinating activities with the systems change and advocacy
activities carried out by the State lead agency.
``(B) Submission.--The system or entity shall submit the
reports to the program described in subsection (a) in the
State not less often than every 6 months.
``(C) Updates.--The system or entity shall provide monthly
updates to the program described in subsection (a) concerning
the activities and information described in subparagraph (A).
``(3) Consultation with state programs.--Before making a
grant or entering into a contract under subsection (e)(20)(B)
to support the protection and advocacy services described in
subsection (e)(20)(A) in a State, the Secretary shall solicit
and consider the opinions of the lead agency in the State
with respect to the terms of the grant or contract.
``(4) Calculation of expenditures.--
``(A) In general.--For each fiscal year, for each State
receiving a grant under this section or section 103, the
Secretary shall specify a minimum amount that the State shall
use to provide protection and advocacy services.
``(B) Initial years of grant.--Except as provided in
subparagraph (C) or (D)--
``(i) the Secretary shall calculate such minimum amount for
a State based on the size of the grant, the needs of
individuals with disabilities within the State, the
population of the State, and the geographic size of the
State; and
``(ii) such minimum amount shall be not less than $40,000
and not more than $100,000.
``(C) Fourth year of second extension grant.--If a State
receives a second extension grant under section 103(a)(2),
the Secretary shall specify a minimum amount under
subparagraph (A) for the fourth year (if any) of the grant
period that shall equal 75 percent of the minimum amount
specified for the State under such subparagraph for the third
year of the second extension grant of the State.
``(D) Fifth year of second extension grant.--If a State
receives a second extension grant under section 103(a)(2),
the Secretary shall specify a minimum amount under
subparagraph (A) for the fifth year (if any) of the grant
period that shall equal 50 percent of the minimum amount
specified for the State under such subparagraph for the third
year of the second extension grant of the State.
``(E) Prohibition.--After the fifth year (if any) of the
grant period, no Federal funds may be made available under
this title by the State to a system described in subsection
(e)(20) or an entity described in paragraph (1).''.
SEC. 103. EXTENSION GRANTS.
Section 103 (29 U.S.C. 2213) is amended to read as follows:
``SEC. 103. EXTENSION GRANTS.
``(a) Extension Grants.--
``(1) Initial extension grant.--The Secretary may award an
initial extension grant, for a period of 2 years, to any
State that meets the standards specified in subsection
(b)(1).
``(2) Second extension grant.--The Secretary may award a
second extension grant, for a period of not more than 5
years, to any State that meets the standards specified in
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 or 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).''.
SEC. 104. PROGRESS CRITERIA AND REPORTS.
Section 104 (29 U.S.C. 2214) is amended to read as follows:
``SEC. 104. PROGRESS CRITERIA AND REPORTS.
``(a) Guidelines.--The Secretary shall develop guidelines
to be used in assessing the extent to which a State that
received a grant under section 102 or 103 is making
significant progress in developing and implementing a
consumer-responsive 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).''.
SEC. 105. ADMINISTRATIVE PROVISIONS.
(a) Review of Participating States.--Section 105(a) (29
U.S.C. 2215(a)) is amended--
(1) in paragraph (1), by inserting before the period the
following: ``, consistent with the guidelines established
under section 104(a)'';
(2) by striking paragraph (2) and inserting the following:
``(2) Onsite visits.--
``(A) Visits.--
``(i) Development grant program.--The 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.''.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
Section 106 (29 U.S.C. 2216) is amended to read as follows:
``SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this title
$50,000,000 for fiscal year 1994, and such sums as may be
necessary for each of the fiscal years 1995 through 1998.
``(b) Reservations.--
``(1) Provision of information and technical 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).''.
SEC. 107. REPEALS.
Section 107 (20 U.S.C. 2217) is repealed.
TITLE II--PROGRAMS OF NATIONAL SIGNIFICANCE
SEC. 201. NATIONAL CLASSIFICATION SYSTEM.
Title II (29 U.S.C. 2231 et seq.) is amended by repealing
part A and inserting the following:
``Subtitle A--National Classification System
``SEC. 201. CLASSIFICATION SYSTEM.
``(a) System Development Project.--
``(1) In general.--In fiscal year 1995, the Secretary shall
initiate a system development project, based on a plan
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.''.
SEC. 202. TRAINING AND DEMONSTRATION PROJECTS.
Title II (29 U.S.C. 2231 et seq.) is amended by repealing
parts B, C, and D and inserting the following:
``Subtitle B--Training and Demonstration Projects
``SEC. 211. TRAINING.
``(a) Technology Training.--
``(1) General authority.--The Secretary shall make grants
to, or enter into contracts or cooperative agreements with,
appropriate public or private agencies and organizations,
including institutions of higher education and community-
based organizations, for the purposes of--
``(A) conducting training sessions;
``(B) developing, demonstrating, disseminating, and
evaluating curricula, materials, and methods used to train
individuals regarding the provision of technology-related
assistance, to enhance opportunities for independence,
productivity, and inclusion of individuals with disabilities;
and
``(C) providing training to develop awareness, skills, and
competencies of service providers, consumers, and 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.''.
TITLE III--ALTERNATIVE FINANCING MECHANISMS
SEC. 301. ALTERNATIVE FINANCING MECHANISMS AUTHORIZED.
The Act (29 U.S.C. 2201 et seq.) is amended by adding at
the end the following:
``TITLE III--ALTERNATIVE FINANCING MECHANISMS
``SEC. 301. GENERAL AUTHORITY TO PROVIDE ALTERNATIVE
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.''.
TITLE IV--AMENDMENTS TO OTHER ACTS
SEC. 401. INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
Section 631(a)(1) of the Individuals with Disabilities
Education Act (20 U.S.C. 1431(a)(1)) is amended--
(1) by striking ``, and'' at the end of subparagraph (D)
and inserting a comma;
(2) by striking the period at the end of subparagraph (E)
and inserting ``, and''; and
(3) by adding at the end the following:
``(F) training in the use, applications, and benefits of
assistive technology devices and assistive technology
services (as defined in paragraphs (2) and (3) of section 3
of the Technology-Related Assistance for Individuals With
Disabilities Act of 1988 (29 U.S.C. 2202 (2) and (3))).''.
SEC. 402. REHABILITATION ACT OF 1973.
(a) National Institute on Disability and Rehabilitation
Research.--Section 202(b)(8) of the Rehabilitation Act of
1973 (29 U.S.C. 761a(b)(8)) is amended by striking
``characteristics of 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))).''.
SEC. 403. ADMINISTRATIVE REQUIREMENTS UNDER THE HEAD START
ACT.
Section 644(f) of the Head Start Act (42 U.S.C. 9839(f)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``, or to request approval of the purchase
(after December 31, 1986) of facilities,'' after ``to
purchase facilities''; and
(B) by adding at the end the following: ``The Secretary
shall suspend any proceedings pending against any Head Start
agency to claim costs incurred in purchasing such 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''.
SEC. 404. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Assistive Technology Device.--Section 7(23) of the
Rehabilitation Act of 1973 (29 U.S.C. 706(23)), as added by
section 102(n) of Public Law 102-569 (106 Stat. 4350), is
amended--
(1) by striking ``3(1)'' and inserting ``3(2)''; and
(2) by striking ``2202(1)'' and inserting ``2202(2)''.
(b) Assistive Technology Service.--Section 7(24) of the
Rehabilitation Act of 1973 (29 U.S.C. 706(24)), as added by
section 102(n) of Public Law 102-569 (106 Stat. 4350), is
amended--
(1) by striking ``3(2)'' and inserting ``3(3)''; and
(2) by striking ``2202(2)'' and inserting ``2202(3)''.
TITLE V--EFFECTIVE DATE
SEC. 501. EFFECTIVE DATE.
(a) In General.--Except as otherwise specifically provided
in this Act, this Act and the amendments made by this Act
shall take effect on the date of the enactment of this Act.
(b) Compliance.--Each State receiving a grant under the
Technology-Related Assistance for Individuals 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York [Mr. Owens] will be recognized for 20 minutes, and the gentleman
from North Carolina [Mr. Ballenger] will be recognized for 20 minutes.
The Chair recognizes the gentleman from New York [Mr. Owens].
Mr. OWENS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of the technology-related
assistance for the Individuals With Disabilities Act Amendments of
1994. The Subcommittee on Select Education and Civil Rights understands
the urgency and importance of this legislation to the disability
community and has moved to incorporate many of their recommendations in
this reauthorization.
This bill is the culmination of a bipartisan effort. Moreover, the
House and Senate have reconciled the differences in their respective
bills, resulting in the strong piece of legislation which I present to
the House today.
The State programs of technology-related assistance have come a long
way since their inception in 1988. At that time, many individuals with
disabilities were not aware of the existence of specific assistive
technology devices tailored to their specific needs. Today, however,
they can dial a 1-800 number in their State and actually get a voice at
the other end of the line--a voice of someone who is a specialist in
locating funding sources to pay for assistive technology. Additionally,
individuals with disabilities can visit their State program at various
sites, where they can try out devices and receive training in their
use. The development and implementation of these programs have
undoubtedly improved the ability of individuals with disabilities to
live independently and pursue meaningful careers.
This bill provides a 5-year reauthorization for title I, which will
sunset in 10 years after one more reauthorization. Congress never
intended for this program to become a permanent Federal grant program.
Instead, we envisioned a program which would eventually take on a life
of its own after an adequate amount of Federal seed money. When Federal
funding is terminated, all 50 States will have had the benefit of 10
years of Federal support. Based on the progress of those States which
are 5 years into their 10-year Federal cycle, 10 years should be ample
time for the States to line up alternative sources of public and
private funding for the future.
Title I includes clearer standards of accountability for the States
to ensure that the bill's goals are accomplished within the period of
Federal funding. Some of the changes to be made in title I include the
following:
First, the requirement that States perform six specific systems
change and advocacy activities, including outreach to underrepresented
populations and rural populations.
Second, the requirement that States provide a specific amount of
title I funds to a protection and advocacy agency, so that individuals
with disabilities have access to legal representation when they are
denied access to assistive technology to which they are entitled
under law. It is imperative that these grants or contracts be in place
no later than 60 days after the enactment of this legislation.
Third, the requirement that State lead agencies and protection and
advocacy agencies be redesignated for good cause.
Title II also is reauthorized for 5 years. The new title II requires
the Secretary of Education to develop a national classification system
for assistive technology devices and services. It also includes grants
for personnel training, technology transfer, recycling demonstration
projects, business opportunities for individuals with disabilities, and
the development of products of universal design.
Title III is a new but vital addition to current law. Across the
Nation, there is a lack of capacity to deliver assistive technology
devices and services to consumers. The experience of several States in
establishing low-interest loan programs has demonstrated the
effectiveness of alternative financing mechanisms in enabling
individuals with disabilities to secure assistive technology in an
expeditious manner. Therefore, title III introduces a program of one-
time, Federal grants to States for establishing alternative financing
mechanisms.
I urge my colleagues to pass this legislation to enable individuals
with disabilities to continue their drive toward full inclusion and
integration in the economic, political, social, cultural, and
educational mainstream of our society.
{time} 1450
Mr. Speaker, I wish to thank the gentleman from Michigan [Mr. Ford],
the gentleman from Pennsylvania [Mr. Goodling], the gentleman from
North Carolina [Mr. Ballenger], and other members of my subcommittee in
the House, as well as the Senator from Massachusetts [Mr. Kennedy], the
Senator from Kansas [Mrs. Kassebaum], the Senator from Iowa [Mr.
Harkin], and the Senator from Minnesota [Mr. Durenberger] for their
support in this bipartisan effort.
Mr. Speaker, I submit the following documents for insertion into the
Record.
U.S. Senate, Committee on Labor and Human Resources,
Washington, DC, February 7, 1994.
Hon. Major Owens and
Hon. Cass Ballenger,
Subcommittee on Select Education and Civil Rights, Committee
on Education and Labor, Rayburn House Office Building,
Washington, DC.
Dear Mr. Owens and Mr. Ballenger: We are in receipt of your
February 4, 1994 letters seeking a clarification of
congressional intent in H.R. 2339 with regard to the sunset
provision as it relates to a five-year reauthorization for
the Technology-Related Assistance for Individuals with
Disabilities Act.
We fully concur with your understanding of the policy in
the bill regarding the above referenced provisions.
Sincerely,
David Durenberger,
Ranking, Subcommittee on Disability Policy.
Tom Harkin,
Chair, Subcommittee on Disability Policy.
____
U.S. House of Representatives, Committee on Education and
Labor,
Washington, DC, February 4, 1994.
Hon. Tom Harkin,
Chairman, Subcommittee on Disability Policy, Senate Labor and
Human Resources Committee, Hart Senate Office Building,
Washington, DC.
Dear Mr. Chairman: We are writing to clarify Congressional
intent in H.R. 2339 with regard to the sunset provision as it
relates to a five-year reauthorization for the Technology
Related Assistance Act for Individuals with Disabilities.
It is our intent that States receiving grants under Title 1
of the Technology-Related Assistance Act for Individuals with
Disabilities will receive grants under this title for not
more than a total of 10 years. Included in that 10 years are:
one three-year development grant, one 2-year extension of
that development grant if the State demonstrates to the
Secretary of Education that they have made significant
progress in developing and implementing a consumer-
responsive, comprehensive, statewide program of technology-
related assistance, and one 5 year second extension grant
based on the above requirement. In year four and five, a
phase-out of the second extension grant will occur with a
State receiving 75% of their grant award in year four and 50%
of their grant award in year five. After the fifth and final
year of the second extension grant, no State will receive any
Federal funds under Title I of this Act.
While we understand your concerns that the length of the
authorization for this Act should be five years for purposes
of oversight, it is our intent that no State should receive
Federal assistance under Title I of this Act, the State grant
program, for more than ten years. As you may recall, in 1988
when this program was created, and original Congressional
intent was to provide Federal seed money to States to help
them develop and implement consumer-responsive, comprehensive
statewide programs of technology-related assistance. We do
not believe that the Congress intended for this program to
become a permanent Federal grant program and it is for that
reason that we strongly support this sunset provision.
We hope that this is your understanding of the sunset and
five-year reauthorization provisions of H.R. 2339 so that we
can ensure this policy is clearly explained during the House
and Senate floor debate when this bill is considered. We
appreciate your consideration of this issue and look forward
to hearing your views.
Sincerely,
Major Owens,
Member of Congress.
Cass Ballenger,
Member of Congress.
Mr. Speaker, I reserve the balance of my time.
Mr. BALLENGER. Mr. Speaker, I yield myself such time as I may
consume.
I rise to support H.R. 2339, the Technology Related Assistance for
Individuals with Disabilities Act Amendments of 1994. This bill
represents a bipartisan agreement worked out between the House and the
Senate. I want to commend the gentleman from New York, [Mr. Owens] the
gentleman from Iowa Senator Harkin, the gentleman from Minnesota,
Senator Durenberger, and all the staff for all the hard work and
consistent efforts they did in order to work out the differences
between the two bodies so that we can all support this bill today. The
House passed this bill last August and the bill today reflects many of
the policies made in the original House bill.
H.R. 2339 makes several changes in the current law to strengthen
activities States are doing in order to make assistive technology
devices and services available to individuals with disabilities.
Assistive technology does make a difference in the lives of individuals
with disabilities by providing them the opportunity to live independent
and productive lives, and this legislation will continue to help make
such assistive technology more accessible and available to them. With
the issue of health care reform on the horizon for Congress to
consider, States must have a delivery system in place for individuals
with disabilities to access assistive technology and devices. H.R. 2339
makes such a delivery system possible.
I am particularly pleased that this bill has a sunset provision
repealing this program in fiscal year 2002. This will allow all States
to participate in this program for no more than a total of 10 years
with a phase out of Federal dollars in years 9 and 10. When Congress
enacted this act in 1988, it was intended to provide Federal seed money
to States to develop and implement a statewide system to eliminate
barriers and make assistive technology accessible and available. The
goal being that once that was accomplished, this Federal program would
no longer be needed. While H.R. 2339 does have a 5 year authorization
at the request of the other body for purposes of oversight, it is our
intent that no State receive Federal assistance under title I of this
act for more than 10 years. This policy is defined in a letter to
Senator Harkin and Senator Durenburger from Chairman Owens and myself.
I would like to include in the Record at the end of this debate both
letters. I am glad the policy to end a Federal program once it
accomplishes its intended goals was retained in this legislation.
I also support the new provision creating a one-time Federal matching
grant to States to develop alternative financing systems so that
individuals with disabilities can access financial assistance in order
to purchase assistive technology devices. This Federal investment will
be no more than $500,000 per State and will be matched dollar-for-
dollar by the State. The State will have the authority to decide what
type of alternative financing system to develop, such as a low interest
loan or a revolving loan program, and will be required to have
commercial lending institutions or State financing agencies jointly
administer the program with a community-based organization. The Federal
dollars will only provide seed money to help assist States develop
their own alternative financing system, and such a system must be the
payor of last resort. I believe this provision is essential if we
expect individuals with disabilities to purchase assistive technology
in order to become more independent.
I support this legislation and believe it will truly change the lives
of individuals with disabilities. I urge my colleagues to support the
passage of H.R. 2339.
Mr. Speaker, I reserve the balance of my time.
Mr. GOODLING. Mr. Speaker, I rise in support of H.R. 2339, the
Technology Related Assistance for Individuals with Disabilities Act
Amendments of 1994. This legislation was enacted in 1988, as a
Republican initiative, to improve occupational and educational
opportunities for individuals with disabilities through assistive
technology devices and services. The intent of the original act was to
provide Federal seed money to States to assist them in developing and
implementing statewide programs that increase access to, and
availability of, assistive technology devices and services.
H.R. 2339 is a compromise between the House and the Senate but
reflects many of the policies addressed by the original House bill.
During the reauthorization process, it came to our attention that
States still need time to change their current systems in order to make
assistive technology accessible and available to individuals with
disabilities. H.R. 2339 authorizes a second 5 year extension grant to
States who have demonstrated significant progress in developing and
implementing these statewide programs. However, once a State has
participated in this program for a total of 10 years, Federal
assistance under this program will terminate. I support this sunset
provision, and believe it sends a message to States to remove barriers
to assistive technology throughout the State.
I also support the new provision which will encourage States to
develop alternative financing mechanisms, such as a low interest loan
program, to enable individuals with disabilities to purchase assistive
technology devices. This one-time Federal matching grant will be for no
more than $500,000 per State. One of the biggest criticisms we have
heard has been the lack of financial assistance available to
individuals with disabilities to purchase assistive technology. If
States decide to create alternative financing mechanisms, such
financial assistance will be available as the payor of last resort once
all other public assistance has been denied. I believe these financing
systems will be the legacy of the Technology-Related Assistance Act for
individuals with disabilities by providing access to much-needed
financial assistance necessary to purchase assistive technology.
I support H.R. 2339 because I have seen the benefits that assistive
technology has made in the lives of individuals with disabilities.
Assistive technology can be the difference in whether an individual has
the opportunity to be independent or is confined to a life of
dependency on others. This legislation can make that difference and I
urge my colleagues to support it.
Mr. OWENS. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Utah [Ms. Shepherd].
Ms. SHEPHERD. Mr. Speaker, I thank the gentleman for yielding this
time to me.
Mr. Speaker, I rise in support of H.R. 2339, and I am pleased that
this bill will pass the House today without controversy, as it should.
With the Chairman's permission, I would like to highlight an important
section of this bill which has a direct impact on my district in Salt
Lake City.
In a wise move, Congress recently changed the Federal regulations for
the Head Start Program to enable local Head Start centers to use
Federal funds to purchase their facilities. In light of the low
interest rates and rapidly rising rents in many communities, including
Salt Lake City, this was a cost-effective and farsighted change in
regulations.
A Head Start center in my district had already saved taxpayers
$100,000 by purchasing a building before the law was changed. Instead
of being praised for good work, they were being sued by HHS for making
the change too soon. Unfortunately, the Head Start Program in Utah has
had to suffer through a prolonged and expensive court battle as a
result of their inadvertent mistake.
No more. Last year Senator Orrin Hatch and I joined forces to solve
this problem. The bill before us today will suspend the legal
proceedings against the Salt Lake Head Start center and allow them to
purchase their facility. It is an example of how Congress can help
strengthen our communities and improve the lives of our children, while
saving taxpayer dollars at the same time. It is a living example of
reinventing Government.
My deepest thanks to Chairman Owens for his cooperation and vision in
this matter, and to Chairman Martinez, whose subcommittee has
jurisdiction on this issue. Together, we made Government work.
{time} 1500
Mr. BALLENGER. Mr. Speaker, I know of no Republican Members who want
to speak on House Resolution 351, and, therefore, I yield back the
balance of my time.
Mr. OWENS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Montgomery). The question is on the
motion offered by the gentleman from New York [Mr. Owens] that the
House suspend the rules and agree to the resolution, House Resolution
351.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the resolution was agreed to.
A motion to reconsider was laid on the table.
____________________