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‘‘(2) AGENCY INVOLVEMENT.—A description of the
nature and extent of involvement of various State agen-
cies, 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 pro-
gram of technology-related assistance, including the
identification of the available resources and financial re-
sponsibility of each agency for paying for assistive tech-
nology devices and assistive technology services.
‘‘(3) INVOLVEMENT.—
‘‘(A) CONSUMER
INVOLVEMENT.—A descrip-
tion of procedures that provide for—
‘‘(i)(I) the active involvement of individ-
uals with disabilities and their family members,
guardians, advocates, and authorized rep-
resentatives, and other appropriate individuals,
in the development, implementation, and eval-
uation of the program; and
‘‘(II) the active involvement, to the maxi-
mum extent appropriate, of individuals with
disabilities who use assistive technology devices
or assistive technology services, in decisions re-
lating to such devices and services; and
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‘‘(ii) 
mechanisms 
for 
determining
consumer satisfaction and participation of indi-
viduals 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, advo-
cates, 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 pro-
gram.’’;
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(B) in paragraph (4), by striking ‘‘underserved
groups’’ and inserting ‘‘underrepresented popu-
lations 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 trans-
ferring such paragraphs to the end of the sub-
section;
(F) by inserting after paragraph (5) the follow-
ing:
‘‘(6) GOALS, OBJECTIVES, ACTIVITIES, AND
OUT-
COMES.—Information on the program with respect to—
‘‘(A) the goals and objectives of the State for
the program;
‘‘(B) the systems change and advocacy activi-
ties that the State plans to carry out under the pro-
gram; and
‘‘(C) the expected outcomes of the State for
the program, consistent with the purposes described
in section 2(b)(1).
‘‘(7) PRIORITY ACTIVITIES.—
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‘‘(A) IN
GENERAL.—An assurance that the
State will use funds made available under this sec-
tion or section 103 to accomplish the purposes de-
scribed in section 2(b)(1) and the goals, objectives,
and outcomes described in paragraph (6), and to
carry out the systems change and advocacy activi-
ties 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 re-
garding—
‘‘(i) the development, implementation, and
monitoring of State, regional, and local laws,
regulations, policies, practices, procedures, and
organizational structures, that will improve ac-
cess 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 ac-
cess to, provision of, and funding for, such de-
vices and services, with priority for identifica-
tion of barriers to funding through State edu-
cation (including special education) services,
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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 popu-
lations;
‘‘(iii) coordination of activities among
State agencies, in order to facilitate access to,
provision of, and funding for, assistive tech-
nology devices and assistive technology serv-
ices;
‘‘(iv) the development and implementation
of strategies to empower individuals with dis-
abilities and their family members, guardians,
advocates, and authorized representatives, to
successfully advocate for increased access to,
funding for, and provision of, assistive tech-
nology devices and assistive technology serv-
ices, and to increase the participation, choice,
and control of such individuals with disabilities
and their family members, guardians, advo-
cates, and authorized representatives in the se-
lection and procurement of assistive technology
devices and assistive technology services;
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‘‘(v) 
the 
provision 
of 
outreach 
to
underrepresented populations and rural popu-
lations, 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 com-
prehensive statewide program of technology-re-
lated 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 im-
plementation of a consumer-responsive comprehen-
sive statewide program of technology-related assist-
ance, and that other systems change and advocacy
activities will increase the likelihood that the pro-
gram will accomplish the purposes described in sec-
tion 2(b)(1).
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‘‘(8) ASSESSMENT.—An assurance that the State
will conduct an annual assessment of the consumer-re-
sponsive 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 activi-
ties, 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 com-
piling 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, con-
sistent 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 dis-
abilities’’ and inserting ‘‘their family members,
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guardians, advocates, or authorized representa-
tives’’; 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.—Ei-
ther—
‘‘(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 sub-
section (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 estab-
lished 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 Reha-
bilitation Act of 1973 (29 U.S.C. 794e); or
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‘‘(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 cal-
culated 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 pro-
tection 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-fund-
ed 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 activi-
ties funded through a grant made under this section or
section 103 with the activities carried out by other coun-
cils within the State, including—
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‘‘(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 sec-
tion 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 Indi-
viduals with Disabilities Education Act (20 U.S.C.
1482);
‘‘(E) the State Planning Council described in
section 124 of the Developmental Disabilities As-
sistance 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 Ameri-
cans Act of 1965 (42 U.S.C. 3015, 3017(g)(2)(A),
or 3058g(a)(3)(H)).
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‘‘(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 sub-
section,
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 require-
ments of this title (other than the requirements of such
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subsection) as a system that receives funding under such
subsection.
‘‘(2) PROTECTION
AND
ADVOCACY
SERVICE
PRO-
VIDER REPORT.—
‘‘(A) PREPARATION.—A system that receives
funds under subsection (e)(20) to carry out the pro-
tection and advocacy services described in sub-
section (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 fund-
ing for assistive technology devices and
assistive technology services.
‘‘(II) Executing legal, administrative,
and other appropriate means of represen-
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tation to implement systems change and
advocacy activities.
‘‘(III) Developing and implementing
strategies designed to enhance the long-
term abilities of individuals with disabil-
ities and their family members, guardians,
advocates, and authorized representatives
to successfully advocate for assistive tech-
nology devices and assistive technology
services to which the individuals with dis-
abilities 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 sub-
section (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
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in subsection (a) concerning the activities and infor-
mation described in subparagraph (A).
‘‘(3) CONSULTATION WITH STATE PROGRAMS.—Be-
fore making a grant or entering into a contract under
subsection (e)(20)(B) to support the protection and ad-
vocacy services described in subsection (e)(20)(A) in a
State, the Secretary shall solicit and consider the opin-
ions 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 protec-
tion 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 dis-
abilities within the State, the population of the
State, and the geographic size of the State;
and
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‘‘(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
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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 fol-
lows:
‘‘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 stand-
ards specified in subsection (b)(2).
‘‘(b) STANDARDS.—
‘‘(1) INITIAL EXTENSION GRANT.—In order for a
State to receive an initial extension grant under this sec-
tion, 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 sig-
nificant progress, and has carried out systems
change and advocacy activities that have resulted in
significant progress, toward the development and
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implementation of a consumer-responsive com-
prehensive 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 assist-
ance with the ability to maintain, at a mini-
mum, 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
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grant, the Secretary shall (except as provided in
section 105(a)(2)(A)(iii)) make such award contin-
gent on a determination, based on the onsite visit
required under section 105(a)(2)(A)(ii), that the
State is making significant progress toward develop-
ment and implementation of a consumer-responsive
comprehensive statewide program of technology-re-
lated assistance. If the Secretary determines that
the State is not making such progress, the Sec-
retary may take an action described in section
105(b)(2), in accordance with the applicable proce-
dures described in section 105.
‘‘(c) AMOUNTS OF GRANTS.—
‘‘(1) INITIAL EXTENSION GRANTS.—
‘‘(A) IN GENERAL.—
‘‘(i) 
STATES.—From 
amounts 
appro-
priated 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 ap-
propriated under section 106 for any fiscal
year, the Secretary shall pay an amount that
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is not greater than $150,000 to any of the fol-
lowing States that receives an initial extension
grant under subsection (a)(1):
‘‘(I) The United States Virgin Is-
lands.
‘‘(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 ef-
fect).
‘‘(B) CALCULATION
OF
AMOUNT.—The Sec-
retary 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 pro-
vided in the State; and
‘‘(iv) the amount of resources committed
by the State and available to the State from
other sources.
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‘‘(C) PRIORITY FOR PREVIOUSLY PARTICIPAT-
ING 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 de-
scribed in subparagraph (A)(ii)) that have the
largest populations, based on the most recent
census data; and
‘‘(ii) the States (other than the States de-
scribed in subparagraph (A)(ii)) that are
sparsely populated, with a wide geographic
spread,
where such characteristics have impeded the devel-
opment 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 ex-
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tension 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 pe-
riod, 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 com-
prehensive statewide program of technology-related assistance
in the State:
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‘‘(1) INFORMATION AND ASSURANCES.—The infor-
mation and assurances described in section 102(e), ex-
cept the preliminary needs assessment described in sec-
tion 102(e)(4).
‘‘(2) 
NEEDS; 
PROBLEMS; 
STRATEGIES; 
OUT-
REACH.—
‘‘(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 prob-
lems or gaps that remain with the development and
implementation of a consumer-responsive com-
prehensive statewide program of technology-related
assistance in the State.
‘‘(C) STRATEGIES.—A description of the strat-
egies that the State will pursue during the grant
period to remedy the problems or gaps with the de-
velopment and implementation of such a program.
‘‘(D) OUTREACH ACTIVITIES.—A description of
outreach activities to be conducted by the State, in-
cluding dissemination of information to eligible pop-
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ulations, 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 appli-
cation 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 indi-
viduals 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 in-
dividual 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 participa-
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tion of underrepresented populations and rural
populations, such as outreach efforts; and
‘‘(iii) an evaluation of the impact and re-
sults of the activities described in clauses (i)
and (ii);
‘‘(B) the relationship of such systems change
and advocacy activities to the development and im-
plementation of a consumer-responsive comprehen-
sive statewide program of technology-related assist-
ance; and
‘‘(C) the progress made toward the develop-
ment 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 sub-
section (e)(2).
‘‘(B) OTHER STATE ACTIONS.—A description
of State actions, other than such a hearing, de-
signed to determine the degree of satisfaction of in-
dividuals with disabilities, and their family mem-
bers, guardians, advocates, or authorized represent-
atives, public service providers and private service
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providers, educators and related services providers,
technology experts (including engineers), employers,
and other appropriate individuals and entities
with—
‘‘(i) the degree of their ongoing involve-
ment in the development and implementation
of 
the 
consumer-responsive 
comprehensive
statewide program of technology-related assist-
ance;
‘‘(ii) the specific systems change and ad-
vocacy 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 develop-
ment and implementation of a consumer-re-
sponsive 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 re-
ceived concerning the issues described in paragraph (4)
and response of the State to such comments, solicited
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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 fam-
ily members, guardians, advocates, or authorized
representatives;
‘‘(B) public service providers and private serv-
ice 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 ELEC-
TRONIC 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 car-
ried out under a grant made under section 102, after
providing appropriate and sufficient notice to allow in-
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terested 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 guide-
lines to be used in assessing the extent to which a State that
received a grant under section 102 or 103 is making signifi-
cant progress in developing and implementing a consumer-re-
sponsive comprehensive statewide program of technology-re-
lated 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-respon-
sive comprehensive statewide program of technology-related
assistance, consistent with sections 2(b)(1), 101, and 102(e),
and that documents the following:
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‘‘(1) The progress the State has made, as deter-
mined in the State’s annual assessment described in sec-
tion 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 achieve-
ment of the goals, objectives, and outcomes described in
the application, and the activities the State has under-
taken to rectify these problems.
‘‘(2) The systems change and advocacy activities
carried out by the State including—
‘‘(A) an analysis of the laws, regulations, poli-
cies, practices, procedures, and organizational struc-
tures 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, pro-
vision 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 imple-
mented regarding access to, provision of, and fund-
ing for, assistive technology devices and assistive
technology services, particularly policies and proce-
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dures regarding access to, provision of, and funding
for, such devices and services under education (in-
cluding 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 de-
vices and assistive technology services such as agree-
ments that identify available resources for assistive tech-
nology 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 dis-
seminate information about the documents or activities
analyzed or described in paragraphs (1) through (3), in-
cluding outreach activities to underrepresented popu-
lations 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 as-
sessment of the consumer-responsive comprehensive
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statewide program of technology-related assistance, in-
cluding activities undertaken to improve such involve-
ment, 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 pop-
ulations and rural populations.
‘‘(7) Efforts to train personnel as well as consum-
ers.
‘‘(8) Efforts to reduce the service delivery time for
receiving assistive technology devices and assistive tech-
nology services.
‘‘(9) Significant progress in the provision of protec-
tion and advocacy services, in each of the areas de-
scribed 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 estab-
lished under section 104(a)’’;
(2) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) ONSITE VISITS.—
‘‘(A) VISITS.—
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‘‘(i) DEVELOPMENT
GRANT
PROGRAM.—
The Secretary shall conduct an onsite visit
during the final year of each State’s participa-
tion in the development grant program.
‘‘(ii) EXTENSION GRANT PROGRAM.—Ex-
cept 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 on-
site visit occurred prior to the date of the en-
actment of the Technology-Related Assistance
for Individuals With Disabilities Act Amend-
ments 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 de-
scribed in clause (ii) if the Secretary deter-
mines that the visit is not necessary to assess
whether the State is making significant
progress toward development and implementa-
tion of a consumer-responsive comprehensive
statewide program of technology-related assist-
ance.
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‘‘(B) TEAM.—Two-thirds of the onsite mon-
itoring team in each case shall be qualified peer re-
viewers, 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 al-
lowed travel expenses, including per diem in
lieu of subsistence, as authorized by section
5702 of title 5, United States Code, for indi-
viduals 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
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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 perform-
ance 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 Sec-
retary shall consider the findings in determining
whether to continue funding the program either
with or without changes. The report shall be avail-
able 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 individ-
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uals with disabilities and their family members, guard-
ians, advocates, and authorized representatives, public
service providers and private service providers, educators
and related services personnel, technology experts (in-
cluding engineers), employers, and other appropriate in-
dividuals 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 
pro-
gram’’.
(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 ac-
tions’’;
(C) by striking ‘‘or’’ at the end of subpara-
graph (B);
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(D) by striking the period at the end of sub-
paragraph (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 sub-
section (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 Sec-
retary, a monitoring panel consisting of the follow-
ing representatives:
‘‘(i) The head of the lead agency des-
ignated by the Governor.
‘‘(ii) 2 representatives from different pub-
lic or private nonprofit organizations that rep-
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resent the interests of individuals with disabil-
ities.
‘‘(iii) 2 consumers who are users of
assistive technology devices and assistive tech-
nology services and who are not—
‘‘(I) members of the advisory council,
if any, of the consumer-responsive com-
prehensive statewide program of tech-
nology-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
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(subject to confidentiality concerns) and held at lo-
cations that are accessible to individuals with dis-
abilities.
‘‘(E) PERIOD.—The panel shall carry out the
duties of the panel for the entire period of the cor-
rective 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 termi-
nation of funding for the State under this title.
‘‘(3) DETERMINATION.—
‘‘(A) PANEL.—Based on its findings, a mon-
itoring panel may determine that a lead agency des-
ignated 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;
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‘‘(ii) lack of consumer-responsive activi-
ties;
‘‘(iii) lack of resource allocation to sys-
tems change and advocacy activities;
‘‘(iv) lack of progress with meeting the as-
surances 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 Sec-
retary, 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 des-
ignations under section 102(d).
‘‘(d) CHANGE OF PROTECTION AND ADVOCACY SERV-
ICES PROVIDER.—
‘‘(1) DETERMINATION.—The Governor of a State,
based on input from individuals with disabilities and
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their family members, guardians, advocates, or author-
ized representatives, may determine that the entity pro-
viding protection and advocacy services required by sec-
tion 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 pro-
tection 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 con-
tract, 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 author-
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ized representatives, have timely notice of the deter-
mination and opportunity for public comment; and
‘‘(C) the first entity has the opportunity to ap-
peal 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 pro-
vide 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 de-
cides not to overturn the determination of the Gov-
ernor. 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.
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‘‘(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 ini-
tiatives, 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 infor-
mation on—
‘‘(A) the demonstrated successes of such Fed-
eral initiatives at the Federal and State levels in
improving interagency coordination, streamlining
access to funding for assistive technology, and pro-
ducing beneficial outcomes for users of assistive
technology;
‘‘(B) the demonstration activities carried out
through the Federal initiatives to—