DEVELOPMENT GRANTS.

SEC. 102. DEVELOPMENT GRANTS. (a) General Authority.—The Secretary shall award to States 3-year grants to assist States to develop and implement statewide programs of technology-related assistance for individuals with disabilities in accordance with the provisions of section 101. (b) Number of Grants To Be Awarded.—From amounts appropriated under section 106, the Secretary shall award under this section, to the extent appropriate applications are submitted— (1) in the first fiscal year for which amounts are appropriated, not more than 10 grants on a competitive basis; (2) in the second fiscal year for which amounts are appropriated, not more than 20 grants on a competitive basis; and (3) in the third fiscal year for which amounts are appropriated, any number of grants on a competitive basis. (c) Amounts of Grants.— (1) Grants to states.— From amounts appropriated under section 106, the Secretary shall pay to each State that receives a grant under this section— (A) for each of the first 2 years of the grant period, an amount that is not less than $500,000 and not more than $1,000,000; and (B) for the third year of the grant period, an amount that is not less than $500,000 and not more than $1,500,000. (2) Grants to territories.—From amounts appropriated under section 106 for any fiscal year, the Secretary shall pay to each territory that receives a grant under this section not more than $150,000. (3) Calculation of amounts.— The Secretary shall calculate the amounts described in paragraphs (1) and (2) on the basis of— (A) amounts available for making grants under this section; (B) the population of the State or territory concerned; and (C) the types of activities proposed by the State relating to the development of a statewide program of technology-related assistance. (4) Priority for previously participating states.—Amounts appropriated for purposes of carrying out the provisions of this section in each of the 2 fiscal years succeeding the fiscal year in which amounts are first appropriated for such purposes shall first be made available to States that received grants under this section during the fiscal year preceding the fiscal year concerned. (5) Definitions.— For purposes of this subsection: (A) The term “State” does not include the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. (B) The term “territory” means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. 102 STAT. 1053 (d) Priorities for Distribution.—To the extent practicable, the Secretary shall award grants to States under this section in a manner that— (1) is geographically equitable; and (2) distributes the grants among States that have differing levels of development of statewide programs of technology-related assistance. (e) Applications.—Any State that desires to receive a grant under this section shall submit an application that contains the following information and assurances: (1) Designation of responsible entity.— The designation by the Governor of the office, agency, entity, or individual responsible for— (A) preparing the application; (B) administering and supervising the use of amounts made available under the grant; (C) planning and developing the statewide program of technology-related assistance; (D) coordination between public and private agencies, including the entering into of interagency agreements; (E) ensuring active, timely, and meaningful participation by individuals with disabilities, the families or representatives of such individuals, and other appropriate individuals with respect to performing functions and carrying out activities under the grant; and (F) the delegation of any responsibilities described above, in whole or in part, to one or more appropriate offices, agencies, entities, or individuals. (2) Agency involvement.—A description of the nature and extent of involvement of various State agencies in the preparation of the application and the continuing role of such agencies in the development of the statewide program of technology-related assistance. (3) Public involvement.—A description of the nature and extent of involvement of individuals with disabilities, the families or representatives of such individuals, and other appropriate individuals who are not employed by a State agency in the development of the application and the continuing role of such individuals in the development of the statewide program of technology-related assistance. (4) Preliminary needs assessment.—A tentative assessment of the extent of the need of individuals with disabilities in the State, including individuals from underserved groups, for a statewide program of technology-related assistance and a description of previous efforts and efforts continuing on the date of the application to develop a statewide program of technology-related assistance. (5) State resources.—A description of State resources and other resources (to the extent such information is available) that are available to commit to the development of a statewide program of technology-related assistance. (6) Goals, objectives, functions, activities, and outcomes.—The State’s goals, objectives, functions, and activities planned under the grant, and the expected outcomes at the end of the grant period with respect to a consumer-responsive statewide program of technology-related assistance, consistent with the purposes described in section 2(b)(1). 102 STAT. 1054 (7) Information and evaluations.— A description of— (A) procedures used for compiling information; and (B) procedures that will be used to conduct evaluations. (8) State policies with respect to contracts and agreements.—A description of the policies governing contracts, grants, and other arrangements with public agencies, private nonprofit organizations, and other entities or individuals for the purpose of providing assistive technology devices and assistive technology services consistent with the provisions of this title. (9) Distribution procedure.—An assurance that, to the extent practicable, technology-related assistance made available with amounts received under the grant will be equitably distributed among all geographical areas of the State. (10) Compliance with act.—An assurance that amounts received under the grant will be expended in accordance with the provisions of this title. (11) Supplement other funds.— An assurance that amounts received under the grant— (A) will be used to supplement amounts available from other sources that are expended for technology-related assistance, including the provision of assistive technology devices and assistive technology services; and (B) will not be used to pay a financial obligation for technology-related assistance (including the provision of assistive technology devices or assistive technology services) that would have been paid with amounts available from other sources if amounts under the grant had not been available, unless— (i) such payment is made only to prevent a delay in the receipt of appropriate technology-related assistance (including the provision of assistive technology devices or assistive technology services) by an individual with disabilities; and (ii) the entity or agency responsible subsequently reimburses the appropriate account with respect to programs and activities under the grant in an amount equal to the amount of the payment. (12) Control of funds and property.—An assurance that— (A) a public agency shall control and administer amounts received under the grant; and (B) a public agency or an individual with disabilities shall— (i) hold title to property purchased with such amounts; and (ii) administer such property. (13) Reports.— An assurance that the State will— (A) prepare reports to the Secretary in such form and containing such information as the Secretary may require to carry out the Secretary’s functions under this title; and (B) keep such records and allow access to such records as the Secretary may require to ensure the correctness and verification of information provided to the Secretary under this paragraph. (14) Commingling of funds.—An assurance that amounts received under the grant will not be commingled with State or other funds. 102 STAT. 1055 (15) Fiscal control and accounting procedures.—An assurance that the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for amounts received under the grant. (16) Availability of information.— An assurance that the State will— (A) make available to individuals with disabilities and the families or representatives of individuals with disabilities information concerning technology-related assistance in a form that will allow such individuals to effectively use such information; and (B) in preparing such information for dissemination, consider the media-related needs of individuals with disabilities who have sensory and cognitive limitations and consider the use of auditory materials, including audio cassettes, visual materials, including video cassettes and video discs, and braille materials. (17) Other information.—Such other information and assurances as the Secretary may reasonably require.