‘‘(3) Developing and implementing strategies
designed to enhance the long-term abilities of indi-
viduals with disabilities and their family members,
guardians, advocates, and authorized representatives
to successfully advocate for assistive technology to
which the individuals with disabilities are entitled
under law.
‘‘(4) Coordination with protection and advocacy
services funded through sources other than this Act.
‘‘(d) PUBLIC COMMENT.—
‘‘(1) HEARING.—An organization that is award-
ed a contract to provide protection and advocacy
services pursuant to section 101(b)(4) shall, during
the period described in paragraph (2), conduct a
hearing for public comment from interested persons
to ascertain the extent to which the State that
awarded the contract to the organization is making
significant progress, under the grant that is effective
at the time of the hearing, in developing and imple-
menting a consumer-responsive, consumer-driven,
comprehensive statewide program of technology-re-
lated assistance.
‘‘(2) DATE OF HEARING.—The hearing required
under paragraph (1) shall be conducted within the
6-month period ending on the date of the termi-
nation of a grant received under section 103, or
within the 6-month period ending on the date that
is 24 months after the date on which a grant under
section 104 commenced, whichever is applicable to
the State that awarded the contract to the organiza-
tion.
‘‘(3) REPORT.—An organization referred to in
paragraph (1) shall submit to the Secretary a report
summarizing the public comments received at a
hearing conducted under the paragraph within the
6-month period beginning on the date the hearing is
concluded.’’.
SEC. 106. ADMINISTRATIVE PROVISIONS.
Section 106 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (29 U.S.C.
2215) (as redesignated by section 104) is amended—
(1) in clause (ii) of subsection (a)(2)(B), by
striking ‘‘GS-18 of the General Schedule under sec-
tion 5332 of title 5,’’ and inserting ‘‘level IV of the
Executive Schedule under section 5315 of title 5,’’;
(2) by redesignating subsection (c) as sub-
section (g);
(3) by inserting after subsection (b) the follow-
ing:
‘‘(c) REDESIGNATION OF LEAD AGENCY.—
‘‘(1) MONITORING PANEL.—Once a State be-
comes 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 a monitoring panel consisting of the following
representatives:
‘‘(A) The head of the lead agency des-
ignated by the Governor.
‘‘(B) 2 representatives from different pub-
lic or private nonprofit organizations that rep-
resent the interests of individuals with disabil-
ities.
‘‘(C) 2 consumers who are users of
assistive technology devices and services and
who are not—
‘‘(i) members of the advisory council
of the program; or
‘‘(ii) employees of the State lead agen-
cy.
‘‘(D) 2 service providers with knowledge
and expertise in assistive technology devices and
services.
The monitoring panel shall be ethnically diverse and
shall choose its own chairperson. The panel shall re-
ceive periodic reports from the State regarding
progress in implementing the corrective action plan
and shall have the authority to request additional in-
formation necessary to determine compliance. The
meetings of the panel to determine compliance shall
be open to the public (subject to confidentiality con-
cerns) and held at locations that are accessible to in-
dividuals with disabilities. The panel shall remain
active for the entire period of the corrective action
plan, as determined by the Secretary. The panel
shall be funded by a portion of the funds received
by the State under this title, as directed by the Sec-
retary.
‘‘(2) 
FAILURE
TO
APPOINT
MONITORING
PANEL.—A failure by a Governor of a State to com-
ply with the requirements of paragraph (1) shall re-
sult in the complete loss of funding under this title,
until redesignation pursuant to the process estab-
lished in paragraph (4).
‘‘(3) DETERMINATION.—Based on its findings,
a monitoring panel may determine that a lead agen-
cy designated by a Governor has not met the pur-
poses established in section 2(b)(1) and that there is
good cause for redesignation and the temporary loss
of funds under this title. In this paragraph, the term
‘good cause’ includes—
‘‘(A) lack of progress with employment of
qualified staff;
‘‘(B) 
lack 
of 
consumer-responsive,
consumer-driven activities;
‘‘(C) lack of resource allocation to systems
change activities;
‘‘(D) lack of progress with meeting the as-
surances in section 102(d); or
‘‘(E) inadequate fiscal management.
If a monitoring panel makes such a determination,
it shall recommend to the Secretary that further re-
medial action be taken or that the Secretary order
the Governor to hold an open competition pursuant
to paragraph (4). The Secretary, based on the find-
ings and recommendations of the monitoring panel,
shall make a final determination with respect to the
lead agency designation under this title.
‘‘(4) NEW STATE COMPETITION.—In the event
that a State loses funding under this title pursuant
to paragraph (2) or (3), the Governor of the State
shall hold an open competition within the State and
issue a request for proposals within 30 days for
agency redesignation. Such competition shall be open
to State agencies, public and private nonprofit orga-
nizations, consortia of such organizations, or institu-
tions of higher education. The competition shall en-
sure public involvement, including a public hearing
and adequate opportunity for public comment. The
Secretary shall have final approval of the agency or
organization designated after such competition.
‘‘(d) REDESIGNATION OF PROTECTION AND ADVO-
CACY SERVICES.—If the Secretary determines that signifi-
cant progress has not been achieved by an organization
that is awarded a contract to provide protection and advo-
cacy services for a State pursuant to section 101(b)(4),
the Secretary shall consult with the Governor of such
State in a timely manner. After such consultation, if it
is determined that remedial action is not appropriate, the
Governor shall hold an open competition within the State
and issue a request for proposals within 30 days for agen-
cy redesignation. Such competition shall be open to enti-
ties with the same expertise and ability to provide legal
services as an organization referred to in section
101(b)(4). The competition shall ensure public involve-
ment, including a public hearing and adequate opportunity
for public comment.
‘‘(e) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—The Secretary shall pub-
lish, by December 31 of each year, an annual report
to the President and to the Congress on the activi-