[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 351 Engrossed in House (EH)]
H. Res. 351
In the House of Representatives, U. S.,
February 8, 1994.
Resolved, That upon adoption of this resolution the bill (H.R. 2339) to
revise and extend the programs of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988, and for other purposes be and is
hereby taken from the Speaker's table to the end that the Senate amendment to
the text of the bill be and is hereby agreed to with the following amendment:
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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