DEVELOPMENT GRANTS.

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)— (IV) by striking “(B)” and inserting “(B) Territory.—”; (V) by inserting “United States” before “Virgin Islands”; and (VI) 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— 108 STAT. 64 “(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 statew de 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 binding for assistive technology devices and assistive technology services across agencies.”; (7) in subsection (e)— 108 STAT. 65 (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; 108 STAT. 66 (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, 108 STAT. 67providing 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 “(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 108 STAT. 68entity 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. 108 STAT. 69 “(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)(2O) 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 108 STAT. 70(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).”.