[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2339 Engrossed Amendment House (EAH)]
103d CONGRESS
2d Session
H. R. 2339
_______________________________________________________________________
AMENDMENT
TO
SENATE AMENDMENT
In the House of Representatives, U. S.,
February 8, 1994.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 2339) entitled ``An Act to revise and extend the
programs of the Technology-Related Assistance for Individuals With
Disabilities Act of 1988, and for other purposes'', with the following
AMENDMENT:
In lieu of the matter inserted by said amendment, insert:
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 of this
section, will comply with guidelines established under section
508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
``(e) Public Hearing.--
``(1) Initial extension grant.--To be eligible to receive a
grant under subsection (a)(1), a State shall hold a public
hearing in the third year of a program carried out under a
grant made under section 102, after providing appropriate and
sufficient notice to allow interested groups and organizations
and all segments of the public an opportunity to comment on the
program.
``(2) Second extension grant.--To be eligible to receive a
grant under subsection (a)(2), a State shall hold a public
hearing in the second year of a program carried out under a
grant made under subsection (a)(1), after providing the notice
described in paragraph (1).''.
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.
Attest:
Clerk.
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