Pub. L. 103-218, tit. I, sec. 103
EXTENSION GRANTS.
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.— 108 STAT. 71 “(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. 108 STAT. 72 “(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 108 STAT. 73that 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. 108 STAT. 74 “(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 consumerresponsive 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. 108 STAT. 75 “(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)(l), after providing the notice described in paragraph (1).”.