ADMINISTRATIVE PROVISIONS.

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. 108 STAT. 77 “(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 travel time) 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)— 108 STAT. 78 (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. 108 STAT. 79 “(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 sub-section 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; 108 STAT. 80 “(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 com-108 STAT. 81petencies 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 108 STAT. 82accomplishment 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.”.