Archived | Expanding the Promise for Individuals With Autism Act (EPIAA) of 2007 S. 937 | Circa March 20, 2007

Screenshot of S. 937 cover text.

Shown Here:
Introduced in Senate (03/20/2007)

110th CONGRESS
1st Session

S. 937

To improve support and services for individuals with autism and their families. 


IN THE SENATE OF THE UNITED STATES

March 20, 2007

Mrs. Clinton (for herself and Mr. Allard) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions


A BILL

To improve support and services for individuals with autism and their families. 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Expanding the Promise for Individuals With Autism Act of 2007”.

SEC. 2. FINDINGS.

Congress finds the following:

(1) Autism is a natural part of the human experience. Individuals living with autism have the same rights as other individuals to exert control and choice over their own lives, to live independently, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of society.

(2) Autism is a complex developmental disability that affects the functioning of the brain and lasts through a person’s lifetime.

(3) The prevalence of autism appears to be growing. The Centers for Disease Control and Prevention report that in 2007, autism affects 1 in every 150 children and 1,500,000 Americans have autism.

(4) Both children and adults with autism typically show difficulties in verbal and nonverbal communication, social interactions, and sensory processing. Individuals with autism exhibit different symptoms or behaviors, which may range from mild to significant, and require varying degrees of support from their friends, families, and communities.

(5) Although the overall incidence of autism is consistent around the globe, it is 4 times more prevalent in boys than in girls. Autism knows no racial, ethnic, or social boundaries, or differences in family income, lifestyle, or educational levels and can affect any family and any child.

(6) Individuals with autism often need assistance in the areas of early intervention, education, employment, transportation, housing, health, and recreation. With access to these types of services and supports, individuals with autism can live full, rich, productive lives. Greater coordination within the service delivery system will enable individuals and families to access assistance from all sectors throughout the lifespan, thus facilitating the appropriate delivery of information, education, and services.

(7) There is strong consensus within the research community that intensive intervention started as soon as possible following diagnosis yields the most positive outcomes for children with autism.

(8) The limited amount of credible evidence-based research on services to children and adults with autism is a major impediment to the development of quality services. Without this base of research, many services and supports for individuals with autism are not covered by private or public health insurance programs, nor are certain interventions provided as part of a child’s special education individualized education plan. As a result, individuals and families who wish to access services are often only able to do so through incurring significant nonreimbursable costs.

(9) Workforce shortages contribute to the limited availability of treatments, interventions, and supports. There is a need for more professionals who can appropriately provide employment, residential, and other community-based services to adults with autism, as well as a need for professionals who can appropriately diagnose autism in very young children, and those who can develop appropriate evidence-based treatments, interventions, and supports across the lifespan of individuals with autism.

(10) The combined characteristics of an individual with autism, a lack of or limited verbal communication, the inability to gauge social cues, and challenging behaviors, has resulted in a growing need for community-based individual and family support services and increased monitoring for abuse, neglect, and rights violations.

(11) Preliminary numbers on 20 States indicate that in 2006, almost a quarter of individuals served under protection and advocacy programs for individuals with developmental disabilities were individuals with autism, a 6 percent increase from the previous year, yet thousands of individuals with autism were unable to access services due to a lack of resources.

(12) Whatever their individual needs, children and adults with autism should receive the treatments, interventions, services, and programs that will enable them to fully participate in and enjoy a good quality of life in their communities.

SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

Part R of title III of the Public Health Service Act (42 U.S.C. 280i et seq.) is amended—

(1) by inserting after the header for part R the following:“Subpart 1—Combating Autism”;

(2) in section 399AA(d), by striking “part” and inserting “subpart”; and

(3) by adding at the end the following:“Subpart 2—Support For Individuals With Autism And Their Families

“SEC. 399GG. DEFINITIONS.

“In this subpart:

“(1) ADULT WITH AUTISM.—The term ‘adult with autism’ means an individual with autism who is 18 years of age or older.

“(2) AUTISM.—The term ‘autism’ means an autism spectrum disorder or a related developmental disability.

“(3) CHILDREN WITH AUTISM.—The term ‘children with autism’ means individuals with autism who have not attained 18 years of age.

“(4) INDIVIDUAL WITH AUTISM.—The term ‘individual with autism’ means an individual who has been diagnosed with autism.

“(5) INTERVENTIONS.—The term ‘interventions’ means the educational methods and positive behavioral support strategies designed to improve or ameliorate symptoms associated with autism.

“(6) SERVICES.—The term ‘services’ means the services to assist individuals with autism to live more independently in their communities.

“(7) TREATMENTS.—The term ‘treatments’ means the health services, including mental health services, designed to improve or ameliorate symptoms associated with autism.

“SEC. 399HH. TREATMENTS, INTERVENTIONS, AND SERVICES EVALUATION TASK FORCE.

“(a) In General.—Not later than 60 days after the date of enactment of the Expanding the Promise for Individuals With Autism Act of 2007, the Secretary, on behalf of the Interagency Autism Coordinating Committee (established in section 399CC), shall convene a Treatments, Interventions, and Services Evaluation Task Force (referred to in this subpart as the ‘Task Force’) to evaluate evidence-based biomedical and behavioral treatments and services, including the following:

“(1) Treatments, interventions, and services that are effective in reducing the impact of symptoms associated with autism upon the quality of life outcomes for children with autism and adults with autism.

“(2) Treatments, interventions, and services that are effective in reducing the long-term costs of treatments associated with autism.

“(3) Treatments, interventions, and services that are effective in assisting individuals with autism to live independently in their communities.

“(4) Treatments, interventions, and services that can be widely replicated across States and communities during the 2-year period after the date of enactment of the Expanding the Promise for Individuals With Autism Act of 2007.

“(5) Gaps in applied research on treatments, interventions, and services that should be addressed by future research.

“(6) The cost effectiveness of such treatments, interventions, and services.

“(7) The availability of such treatments, interventions, and services in each of the States.

“(8) Successful State- and community-based models that organize, integrate, and deliver comprehensive services, interventions, and treatments across the lifespan of individuals with autism.

“(9) Other relevant concerns regarding the availability of such treatments, interventions, and services, as designated by the Secretary.

“(b) Membership.—The Secretary shall ensure that the Task Force membership shall consist of the following:

“(1) Health care providers with expertise in treating children or adults with autism in hospitals or other health care settings where comprehensive health care is available.

“(2) Licensed mental health professionals with experience in treatments of autism or other related behavioral therapies and interventions.

“(3) Developmental pediatricians with expertise in autism.

“(4) Researchers with an expertise in neurology, gastroenterology, behavioral sciences, endocrinology, special education, vocational services, and other specialties that pertain to treatments, interventions, and services as designated by the Secretary.

“(5) Health economists or other individuals with expertise in cost-benefit analysis and health policy.

“(6) Service providers with an expertise in assisting individuals with autism to access housing, employment, and other services necessary to live in such individuals’ communities.

“(7) Educators with expertise in early interventions, special education, and transition services for children with autism, and education or training for adults with autism.

“(8) A representative of the National Council on Disability.

“(9) A liaison from the National Institutes of Health involved with the Interagency Autism Coordinating Committee.

“(10) Representatives of State agencies managing services to individuals with autism.

“(11) Individuals with autism, families affected by autism, and members of organizations that advocate for individuals with autism and their families, whose representation on the Task Force shall be not less than one-third of all members.

“(12) Other individuals, as designated by the Secretary.

“(c) Report.—

“(1) IN GENERAL.—Not later than 1 year after first convening, the Task Force shall deliver a report to the Interagency Autism Coordinating Committee, the Director of the National Institutes of Health, the Secretary, the heads of other agencies represented on the Interagency Autism Coordinating Committee, and the relevant committees of Congress containing the evaluation as detailed in subsection (a).

“(2) RESPONSE.—Not later than 90 days after receiving the report described in paragraph (1), the Interagency Autism Coordinating Committee shall provide to the Director of the National Institutes of Health, the Secretary, and the relevant committees of Congress a response to the Task Force report. Such report shall be posted on the Internet and shall be available and easily accessible to the public.

“SEC. 399II. DEMONSTRATION GRANTS FOR COVERAGE OF TREATMENTS, INTERVENTIONS, AND SERVICES.

“(a) In General.—Not later than 24 months after the date of enactment of the Expanding the Promise for Individuals With Autism Act of 2007, the Secretary shall establish a demonstration grant program awarding multiyear grants to enable selected States to provide evidence-based autism treatments, interventions, and services, as identified by the Task Force under section 399HH.

“(b) Application.—A State that desires to receive a grant under subsection (a), shall submit an application, in consultation with the State Developmental Disabilities Council and organizations representing or serving individuals with autism and their families, that contains the following information:

“(1) The treatments, interventions, or services that the State proposes to provide.

“(2) Demonstrated capacity to provide or establish such treatments, interventions, and services within the State.

“(3) Demonstrated capacity to monitor and evaluate the outcomes of such treatments, interventions, and services upon individuals with autism.

“(4) Demonstrated ability to develop a process for distributing funds to a range of community-based or nonprofit providers of treatments, interventions, and services, as well as local governments that provide services for individuals with autism at the community level.

“(5) Estimates of the number of individuals and families who will be served by such grant, including an estimate of the number of individuals and families in medically underserved areas who will be served by such grants.

“(6) Documented ability to administer such grants in partnership with community-based or nonprofit providers of treatments, interventions, and services, including those that act as advocates for individuals with autism, and local governments that provide services for individuals with autism at the community level.

“(7) A description of the ways in which access to such treatments and services may be sustained following the grant period.

“(8) Compliance with the integration requirement provided under section 302 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12182).

“(c) Evaluation.—The Secretary shall contract, 36 months after establishing the demonstration grant program under this section, with a third-party organization with expertise in evaluation to evaluate such demonstration grant program and release a report not later than 4 years after the date of enactment of the Expanding the Promise for Individuals With Autism Act of 2007, on the ways in which the treatments, interventions, and services provided through the demonstration grant program have resulted in improved health, educational, employment, and community integration outcomes for individuals with autism.

“(d) Supplement, Not Supplant.—Demonstration grant funds provided under this section shall supplement, not supplant, existing treatments, interventions, and services for individuals with autism.

“(e) Authorization Of Appropriations.—There is authorized to be appropriated to carry out this section $20,000,000 for each of the fiscal years 2009 through 2012. Amounts not expended in 1 fiscal year shall be carried over to the next fiscal year.

“SEC. 399JJ. PLANNING AND DEMONSTRATION GRANT FOR SERVICES FOR ADULTS.

“(a) Purpose.—In order to enable States to provide appropriate services to adults with autism, thus enabling such adults to be as independent as possible, the Secretary shall establish—

“(1) a 1-time, single year planning grant program for selected States; and

“(2) a multiyear service provision demonstration grant program for selected States.

“(b) Planning Grants.—

“(1) IN GENERAL.—The Secretary shall award 1-time grants to selected States to support the planning and development of initiatives that will expand and enhance service delivery systems for adults with autism.

“(2) APPLICATION.—In order to receive such a grant, a State shall submit an application at such time and containing such information as the Secretary may require, including a demonstrated ability to carry out such planning grant in partnership with the State Developmental Disabilities Council and organizations representing or serving individuals with autism and their families.

“(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000 for fiscal year 2008.

“(c) Implementation Grants.—

“(1) IN GENERAL.—The Secretary shall award grants to States that have received a planning grant under subsection (b) to enable such State to provide appropriate services to adults with autism.

“(2) APPLICATION.—In order to receive a grant under paragraph (1), the State shall submit an application at such time and containing such information as the Secretary may require, including—

“(A) the services that the State proposes to provide and the expected outcomes for adults with autism who receive such services;

“(B) the number of adults and families who will be served by such grant, including an estimate of the adults and families in underserved areas who will be served by such grant;

“(C) the ways in which services will be coordinated among both public and nonprofit providers of services for adults with disabilities, including community-based services;

“(D) the process through which the States will distribute funds to a range of community-based or nonprofit providers of services, including local governments, and their capacity to provide such services;

“(E) the process through which the States will monitor and evaluate the outcome of activities funded through the grant upon adults with autism who receive such services;

“(F) the process by which the State will ensure compliance with the integration requirement provided under section 302 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12182); and

“(G) a description of how such services may be sustained following the grant period.

“(d) Evaluation.—The Secretary shall contract, 36 months after establishing the demonstration grant program under this section, with a third-party organization with expertise in evaluation to evaluate such demonstration grant program and release a report, not later than 4 years after the date of enactment of the Expanding the Promise for Individuals With Autism Act of 2007, as to whether the services provided through this grant program have resulted in improved health, education, employment, and community integration outcomes for adults with autism.

“(e) Supplement, Not Supplant.—Demonstration grant funds provided under this section shall supplement, not supplant, existing treatments, interventions, and services for individuals with autism.

“(f) Authorization Of Appropriations.—There is authorized to be appropriated to carry out this section $20,000,000 for each of the fiscal years 2008 through 2012. Any amounts not expended in 1 fiscal year shall be carried over to the next fiscal year

“SEC. 399KK. EXPANDING ACCESS TO POSTDIAGNOSIS CARE.

“(a) In General.—The Secretary shall award grants to States to enable the States to assist with the provision of treatments, interventions, and services to children with autism, with the goal of—

“(1) providing multi-agency, intensive, and comprehensive, evidence-based treatments, interventions, and services;

“(2) coordinating supplementary health care, behavioral support services, and individual and family-support services through Federal and State-funded programs; and

“(3) supplementing, not supplanting, Federal and State funds supporting early interventions, education, and health and long-term care services to increase treatments, interventions, and services, and eliminate delays in access to such treatments, interventions, and services.

“(b) Guidance To States.—Not later than 6 months after the date of enactment of the Expanding the Promise for Individuals With Autism Act of 2007, the Secretary, in conjunction with the heads of other relevant agencies, shall develop a guidance to States, with the purpose of increasing the amount and quality of postdiagnosis treatments, interventions, and services, and eliminating delays in access to supplementary health care, behavioral support services, and individual and family-support services through Federal and State funded programs.

“(c) Timelines.—Following the release of the guidance described in subsection (b), the Secretary shall develop an implementation timeline for States to establish programs that reduce the amount of time between diagnosis of autism in children and the point when children with autism receive evidence-based treatment, interventions, and services.

“(d) Application And Grants.—Not later than 12 months after the date of enactment of the Expanding the Promise for Individuals With Autism Act of 2007, the Secretary shall award grants to States to enable the States to carry out the guidance established in subsection (b). States that desire to receive a grant under this subsection shall submit an application at such time and containing such information as the Secretary may require.

“(e) Supplement, Not Supplant.—Grant funds provided under this section shall supplement, not supplant, existing treatments, interventions, and services for individuals with autism.

“(f) Evaluation.—The Secretary shall contract, 36 months after establishing the demonstration grant program under this section, with a third-party organization with expertise in evaluation to evaluate such demonstration grant program and release a report not later than 4 years after the date of enactment of the Expanding the Promise for Individuals With Autism Act of 2007 on the following topics:

“(1) Whether such grant program has resulted in increased and improved provision of multi-agency, intensive, and comprehensive, evidence-based treatments and interventions, and elimination of delays in access to Federal and State-funded programs.

“(2) The best practices in States to increase and improve services and eliminate delays in access to such services.

“(3) Additional actions that may be required in order to ensure increases and improvement in postdiagnosis treatments, interventions, and services, and eliminating delays in access to Federal and State-funded programs.

“(4) Other information, as required by the Secretary.

“(g) Authorization Of Appropriations.—There are authorized to be appropriated to carry out this section—

“(1) $10,000,000 for fiscal year 2009;

“(2) $13,000,000 for fiscal year 2010;

“(3) $17,000,000 for fiscal year 2011; and

“(4) $20,000,000 for fiscal year 2012.

“SEC. 399LL. NATIONAL TRAINING INITIATIVES ON AUTISM.

“(a) National Training Initiative Supplemental Grants And Technical Assistance.—

“(1) SUPPLEMENTAL GRANTS.—

“(A) IN GENERAL.—The Secretary shall award, in consultation with the Interagency Autism Coordinating Committee, multiyear national training initiative supplemental grants to University Centers of Excellence for Developmental Disabilities in order to allow each such center to provide training, technical assistance, dissemination, and services, and address the unmet needs of individuals with autism and their families.

“(B) REQUIREMENTS.—A University Center of Excellence for Developmental Disabilities that desires to receive a grant under this paragraph shall submit to the Secretary an application containing such agreements and information as the Secretary may require, including agreements that the training program shall—

“(i) provide trainees with an appropriate balance of interdisciplinary academic and community-based experiences;

“(ii) have a demonstrated capacity to provide training and technical assistance in evidence-based practices to evaluate and provide effective treatments, interventions, and services to children with autism, adults with autism, and their families;

“(iii) have a demonstrated capacity to include individuals with autism, parents, and family members as part of the training program to ensure that a person and family-centered approach is used;

“(iv) provide to the Secretary, in the manner prescribed by the Secretary, data regarding the outcomes of the provision of training and technical assistance;

“(v) demonstrate a willingness to share and disseminate materials and practices that are developed and evaluated to be effective in the provision of training and technical assistance; and

“(vi) provide assurances that training, technical assistance, and service demonstration performed under grants made pursuant to this paragraph shall be consistent with the goals established under already existing disability programs authorized under Federal law and conducted in coordination with other relevant State agencies and service providers.

“(C) ACTIVITIES.—A University Center of Excellence for Developmental Disabilities that receives a grant under this paragraph shall expand and develop interdisciplinary training and continuing education initiatives for health, allied health, and educational professionals and develop model services that demonstrate evidence-based practices, by engaging in the following activities:

“(i) Training health, allied health, and educational professionals to identify, diagnose, and develop interventions for individuals with, or at risk of developing, autism.

“(ii) Working to expand the availability of effective, lifelong interventions, educational services, and community supports.

“(iii) Providing statewide technical assistance in collaboration with relevant State agencies, autism advocacy groups, and community-based service providers.

“(iv) Working to develop comprehensive systems of supports and services for individuals with autism and their families.

“(v) Promoting and engaging in training, technical assistance, dissemination, and evidence-based supports and services.

“(vi) Developing mechanisms to provide training and technical assistance, including for-credit courses, intensive summer institutes, continuing education programs, distance-based programs, and web-based information dissemination strategies.

“(vii) Promoting activities that support community-based family and individual services and enable individuals with autism to participate in society and achieve good quality of life outcomes.

“(viii) Collecting data on the outcomes of training and technical assistance programs to meet statewide needs for the expansion of services to children with autism and adults with autism.

“(2) TECHNICAL ASSISTANCE.—The Secretary shall reserve 2 percent of the appropriated funds to make a grant to a national organization with demonstrated capacity for providing training and technical assistance to University Centers of Excellence for Developmental Disabilities to—

“(A) assist in national dissemination of specific information, including evidence-based best practices, from interdisciplinary training programs, and when appropriate, other entities whose findings would inform the work performed by entities awarded grants;

“(B) compile and disseminate strategies and materials that prove to be effective in the provision of training and technical assistance so that the entire network can benefit from the models, materials, and practices developed in individual centers;

“(C) assist in the coordination of activities of grantees under this section;

“(D) develop a web portal that will provide linkages to each of the individual training initiatives and provide access to training modules, promising training, and technical assistance practices and other materials developed by grantees;

“(E) serve as a research-based resource for Federal and State policymakers on information concerning the provision of training and technical assistance for the assessment, diagnosis of, and provisions for supports and services for children with autism and adults with autism;

“(F) convene experts from multiple interdisciplinary training programs and individuals with autism and their families to discuss and make recommendations with regard to training issues related to the assessment, diagnosis of, treatment, interventions and services for, children with autism and adults with autism; and

“(G) undertake any other functions that the Secretary determines to be appropriate.

“(3) AUTHORIZATION OF APPROPRIATIONS.—

“(A) FISCAL YEAR 2008.—There is authorized to be appropriated to carry out this subsection $13,400,000 for fiscal year 2008—

“(i) to award supplemental grants, in equal amounts, to University Centers of Excellence for Developmental Disabilities; and

“(ii) in the case of University Centers of Excellence for Developmental Disabilities located in American Samoa or the Commonwealth of the Northern Mariana Islands, to award supplemental grants of not less than $100,000 each.

“(B) FISCAL YEAR 2009 THROUGH 2012.—There is authorized to be appropriated to carry out this subsection such sums as may be necessary for each of the fiscal years 2009 through 2012—

“(i) to award supplemental grants, in equal amounts, to University Centers of Excellence for Developmental Disabilities; and

“(ii) in the case of University Centers of Excellence for Developmental Disabilities located in American Samoa or the Commonwealth of the Northern Mariana Islands, to award supplemental grants of not less than $100,000 per individual grant.

“(C) APPROPRIATIONS LESS THAN $13,400,000.—Notwithstanding subparagraphs (A) and (B), with respect to any fiscal year for which the amount appropriated under this paragraph to carry out this section is less than $13,400,000, the Secretary shall—

“(i) award supplemental grants, on a competitive basis, from such amount to individual University Centers for Excellence in Developmental Disabilities of not less than $200,000 per individual grant; and

“(ii) in the case of University Centers of Excellence for Developmental Disabilities located in American Samoa or the Commonwealth of the Northern Mariana Islands, award supplemental grants, on a competitive basis, of not less than $100,000 per individual grant.

“(D) RESERVATION.—Not more than 2 percent of the amount appropriated under this paragraph for a fiscal year may be reserved to carry out paragraph (2) for such fiscal year.

“(b) Expansion Of The Number Of University Centers For Excellence In Developmental Disabilities Research, Education, And Services.—

“(1) PURPOSE.—The Secretary shall award not more than 4 additional grants for the University Centers for Excellence in Developmental Disabilities for the purpose of expanding the capacity of existing national networks and enhancing the number of training facilities with a primary focus on autism. Such Centers shall—

“(A) train health, allied health, and educational professionals to identify, diagnose, treat, and provide services for individuals with autism;

“(B) provide services to individual with autism; and

“(C) provide other training and technical assistance, as necessary.

“(2) PRIORITY.—The Secretary shall give priority in awarding grants to Centers in—

“(A) minority-serving institutions that have demonstrated the capacity to meet the requirements to qualify as a University Center for Excellence in Developmental Disabilities and provide services to individuals with autism; or

“(B) States with underserved populations.

“(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000 for each of the fiscal years 2008 through 2012.

“SEC. 399MM. GAO STUDY ON SERVICE PROVISION AND FINANCING.

“Not later than 2 years after the date of enactment of the Expanding the Promise for Individuals With Autism Act of 2007, the Comptroller General of the United States shall release a report that examines the following issues:

“(1) The ways in which autism services and treatments are currently financed in the United States.

“(2) Current policies for public and private health insurance coverage of autism treatments, interventions, and services.

“(3) Geographic and regional disparities in provision of services across the lifespan of individuals with autism, levels of community-based versus institutional services, and coverage for such services.

“(4) Ways in which to improve financing of autism treatments, interventions, and services, so as to ensure a minimum level of coverage across the United States.

“SEC. 399NN. EMERGING NEEDS PROTECTION AND ADVOCACY PROGRAM.

“(a) In General.—The Secretary shall make grants to protection and advocacy systems for the purpose of enabling such systems to address the needs of individuals with autism and other emerging populations of individuals with disabilities.

“(b) Services Provided.—Services provided under this section may include the provision of—

“(1) information, referrals, and advice;

“(2) individual and family advocacy;

“(3) legal representation; and

“(4) specific assistance in self-advocacy.

“(c) Application.—To be eligible to receive a grant under this section, a protection and advocacy system shall submit an application to the Secretary at such time, in such form and manner, and accompanied by such information and assurances as the Secretary may require.

“(d) Appropriations Less Than $6,000,000.—

“(1) IN GENERAL.—With respect to any fiscal year in which the amount appropriated under subsection (i) to carry out this section is less than $6,000,000, the Secretary shall make grants from such amount to individual protection and advocacy systems within States to enable such systems to plan for, develop outreach strategies for, and carry out services authorized under this section for emerging populations of individuals with disabilities.

“(2) AMOUNT OF GRANT.—The amount of a grant under paragraph (1) shall be based on the size of the State in which the individual protection and advocacy system is located but be not less than $100,000 for individual protection and advocacy systems located in States and not less than $50,000 for individual protection and advocacy systems located in territories and the American Indian consortium.

“(e) Appropriations Of $6,000,000 Or More.—The Secretary shall make grants during each fiscal year not later than October 1 to States as follows:

“(1) POPULATION BASIS.—Except as provided in paragraph (2), with respect to each fiscal year in which the amount appropriated under subsection (i) to carry out this section is $6,000,000 or more, the Secretary shall make a grant to a protection and advocacy system within each State.

“(2) AMOUNT.—The amount of a grant provided to a system under paragraph (1) shall be equal to an amount bearing the same ratio to the total amount appropriated for the fiscal year involved under subsection (i) as the population of the State in which the grantee is located bears to the population of all States.

“(3) MINIMUMS.—Subject to the availability of appropriations, the amount of a grant to a protection and advocacy system under paragraph (1) for a fiscal year shall be—

“(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, and the protection and advocacy system serving the American Indian consortium, not less than $50,000; and

“(B) in the case of a protection and advocacy system in a State not described in subparagraph (A), not less than $100,000.

“(4) INFLATION ADJUSTMENT.—For each fiscal year in which the total amount appropriated under subsection (i) to carry out this section is $7,000,000 or more, and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under subsection (i) to carry out this section between the preceding fiscal year and the fiscal year involved.

“(f) Carryover.—Any amount paid to a protection and advocacy system that serves a State or the American Indian consortium for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such system for obligation during the next fiscal year for the purposes for which such amount was originally provided.

“(g) Direct Payment.—Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with the provisions of this section, the total amount of the grant for such system, unless the system provides otherwise for such payment.

“(h) Annual Report.—Each protection and advocacy system that receives a payment under this section shall submit an annual report to the Secretary concerning the services provided to emerging populations of individuals with disabilities by such system.

“(i) Authorization Of Appropriations.—There are authorized to be appropriated to carry out this section $8,000,000 for fiscal year 2008, and such sums as may be necessary for each the fiscal years 2009 through 2013.

“(j) Definitions.—In this section:

“(1) AMERICAN INDIAN CONSORTIUM.—The term ‘American Indian consortium’ has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002).

“(2) PROTECTION AND ADVOCACY SYSTEM.—The term ‘protection and advocacy system’ means a protection and advocacy system established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).

“(3) STATE.—The term ‘State’, unless otherwise specified, means the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

“(k) Technical Assistance.—The Secretary shall reserve 2 percent of appropriated funds to make a grant to an eligible national organization for providing training and technical assistance to protection and advocacy systems.

“SEC. 399OO. NATIONAL TECHNICAL ASSISTANCE CENTER FOR AUTISM TREATMENT, INTERVENTION, AND SERVICES.

“(a) National Technical Assistance Center For Autism Treatments, Interventions, And Services.—

“(1) ESTABLISHMENT.—The Secretary shall award a grant to a national nonprofit organization for the establishment and maintenance of a national technical assistance center.

“(2) ELIGIBILITY.—An organization shall be eligible to receive a grant under paragraph (1) if the organization—

“(A) has demonstrated knowledge and expertise in serving children with autism and adults with autism and their families;

“(B) has demonstrated knowledge of how to translate research to practice, and present information in a way that is easily accessible and understandable to the family members of individuals with autism;

“(C) has demonstrated capacity of training educators, health care providers, family members, and others to support the needs of individuals with autism or other developmental disabilities;

“(D) has demonstrated capacity of disseminating information throughout the United States; and

“(E) has demonstrated capacity to establish and maintain a website through which to disseminate information in an easily accessible manner.

“(3) USE OF FUNDS.—The national technical assistance center established under this section shall—

“(A) gather and disseminate information on evidence-based treatments, interventions, and services for children with autism and adults with autism, including best practices in delivering such treatments, interventions, and services, and make this information available to State agencies with responsibilities under section 399BB(c)(2), local communities, and individuals;

“(B) gather and disseminate information on activities of the Interagency Autism Coordinating Committee and the Task Force;

“(C) provide analysis of activities funded under this Act, including—

“(i) the effectiveness of State and community-based models for delivering comprehensive services to individuals with autism;

“(ii) identification and dissemination of best practices emerging from States, community-based organizations, nonprofit providers, and local governments receiving demonstration grants under this subpart;

“(iii) the State-by-State availability of and gaps in services for individuals with autism, including information on services or service gaps in rural areas; and

“(iv) levels of funding and funding sources of services for individuals with autism in States;

“(D) provide technical assistance to States and organizations funded under this subpart;

“(E) gather and disseminate information about autism;

“(F) establish and maintain a website through which to disseminate the information gathered under this section in an easily accessible manner; and

“(G) gather and disseminate other information as determined appropriate by the Secretary.

“(b) Authorization Of Appropriations.—There is authorized to be appropriated to carry out this section $2,000,000 for each of the fiscal years 2008 through 2012.”.

One Reply to “Archived | Expanding the Promise for Individuals With Autism Act (EPIAA) of 2007 S. 937 | Circa March 20, 2007”

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