Page:United States Statutes at Large Volume 108 Part 1.djvu/106

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108 STAT. 80 PUBLIC LAW 103-218—MAR. 9, 1994 " (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 Crovemor 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 afi^r 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-