PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1677
 

Public Law 106–402 

106th Congress 

An Act 

To improve service systems for individuals with developmental disabilities, and 

for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Developmental 

Disabilities Assistance and Bill of Rights Act of 2000’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act 

is as follows:
 

Sec. 1. Short title; table of contents.
 

TITLE I—PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL
 

DISABILITIES
 

Subtitle A—General Provisions
 

Sec. 101. Findings, purposes, and policy.
 

Sec. 102. Definitions.
 

Sec. 103. Records and audits.
 

Sec. 104. Responsibilities of the Secretary.
 

Sec. 105. Reports of the Secretary.
 

Sec. 106. State control of operations.


Sec. 107. Employment of individuals with disabilities.
 

Sec. 108. Construction.
 

Sec. 109. Rights of individuals with developmental disabilities.
 

Subtitle B—Federal Assistance to State Councils on Developmental Disabilities 

Sec. 121. Purpose. 

Sec. 122. State allotments. 

Sec. 123. Payments to the States for planning, administration, and services. 

Sec. 124. State plan.

Sec. 125. State Councils on Developmental Disabilities and designated State agencies. 

Sec. 126. Federal and non-Federal share. 

Sec. 127. Withholding of payments for planning, administration, and services. 

Sec. 128. Appeals by States. 

Sec. 129. Authorization of appropriations. 

Subtitle C—Protection and Advocacy of Individual Rights 

Sec. 141. Purpose.
 

Sec. 142. Allotments and payments.
 

Sec. 143. System required.
 

Sec. 144. Administration.
 

Sec. 145. Authorization of appropriations.
 

Subtitle D—National Network of University Centers for Excellence in
 

Developmental Disabilities Education, Research, and Service
 

Sec. 151. Grant authority.
 

Sec. 152. Grant awards.
 

Sec. 153. Purpose and scope of activities.
 

Sec. 154. Applications.
 

Oct. 30, 2000 

[S. 1809] 

Developmental 

Disabilities 

Assistance and 

Bill of Rights Act 

of 2000. 

42 USC 15001 

note. 

114 STAT. 1678 PUBLIC LAW 106–402—OCT. 30, 2000
 

Sec. 155. Definition.
 

Sec. 156. Authorization of appropriations.
 

Subtitle E—Projects of National Significance 

Sec. 161. Purpose.


Sec. 162. Grant authority.


Sec. 163. Authorization of appropriations.
 

TITLE II—FAMILY SUPPORT 

Sec. 201. Short title.
 

Sec. 202. Findings, purposes, and policy.


Sec. 203. Definitions and special rule.


Sec. 204. Grants to States.
 

Sec. 205. Application.


Sec. 206. Designation of the lead entity.


Sec. 207. Authorized activities.
 

Sec. 208. Reporting.


Sec. 209. Technical assistance.
 

Sec. 210. Evaluation.
 

Sec. 211. Projects of national significance.


Sec. 212. Authorization of appropriations.
 

TITLE III—PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST 

INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES 

Sec. 301. Findings.


Sec. 302. Definitions.
 

Sec. 303. Reaching up scholarship program.


Sec. 304. Staff development curriculum authorization.


Sec. 305. Authorization of appropriations.
 

TITLE IV—REPEAL 

Sec. 401. Repeal. 

TITLE I—PROGRAMS FOR INDIVIDUALS 

WITH DEVELOPMENTAL DISABILITIES 

Subtitle A—General Provisions 

42 USC 15001. SEC. 101. FINDINGS, PURPOSES, AND POLICY. 

(a) FINDINGS.—Congress finds that— 

(1) disability is a natural part of the human experience 

that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and 

choice over their own lives, 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 United States society; 

(2) in 1999, there were between 3,200,000 and 4,500,000 

individuals with developmental disabilities in the United 

States, and recent studies indicate that individuals with 

developmental disabilities comprise between 1.2 and 1.65 percent of the United States population; 

(3) individuals whose disabilities occur during their 

developmental period frequently have severe disabilities that 

are likely to continue indefinitely; 

(4) individuals with developmental disabilities often 

encounter discrimination in the provision of critical services, 

such as services in the areas of emphasis (as defined in section 

102); 

(5) individuals with developmental disabilities are at 

greater risk than the general population of abuse, neglect, 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1679
 

financial and sexual exploitation, and the violation of their 

legal and human rights; 

(6) a substantial portion of individuals with developmental 

disabilities and their families do not have access to appropriate 

support and services, including access to assistive technology, 

from generic and specialized service systems, and remain 

unserved or underserved; 

(7) individuals with developmental disabilities often require 

lifelong community services, individualized supports, and other 

forms of assistance, that are most effective when provided 

in a coordinated manner; 

(8) there is a need to ensure that services, supports, and 

other assistance are provided in a culturally competent manner, 

that ensures that individuals from racial and ethnic minority 

backgrounds are fully included in all activities provided under 

this title; 

(9) family members, friends, and members of the community can play an important role in enhancing the lives of 

individuals with developmental disabilities, especially when the 

family members, friends, and community members are provided 

with the necessary community services, individualized supports, 

and other forms of assistance; 

(10) current research indicates that 88 percent of individuals with developmental disabilities live with their families 

or in their own households; 

(11) many service delivery systems and communities are 

not prepared to meet the impending needs of the 479,862 adults 

with developmental disabilities who are living at home with 

parents who are 60 years old or older and who serve as the 

primary caregivers of the adults; 

(12) in almost every State, individuals with developmental 

disabilities are waiting for appropriate services in their communities, in the areas of emphasis; 

(13) the public needs to be made more aware of the capabilities and competencies of individuals with developmental disabilities, particularly in cases in which the individuals are provided 

with necessary services, supports, and other assistance; 

(14) as increasing numbers of individuals with developmental disabilities are living, learning, working, and participating in all aspects of community life, there is an increasing 

need for a well trained workforce that is able to provide the 

services, supports, and other forms of direct assistance required 

to enable the individuals to carry out those activities; 

(15) there needs to be greater effort to recruit individuals 

from minority backgrounds into professions serving individuals 

with developmental disabilities and their families; 

(16) the goals of the Nation properly include a goal of 

providing individuals with developmental disabilities with the 

information, skills, opportunities, and support to— 

(A) make informed choices and decisions about their 

lives; 

(B) live in homes and communities in which such 

individuals can exercise their full rights and responsibilities 

as citizens; 

(C) pursue meaningful and productive lives; 

(D) contribute to their families, communities, and 

States, and the Nation; 

114 STAT. 1680 PUBLIC LAW 106–402—OCT. 30, 2000
 

(E) have interdependent friendships and relationships 

with other persons; 

(F) live free of abuse, neglect, financial and sexual 

exploitation, and violations of their legal and human rights; 

and 

(G) achieve full integration and inclusion in society, 

in an individualized manner, consistent with the unique 

strengths, resources, priorities, concerns, abilities, and 

capabilities of each individual; and 

(17) as the Nation, States, and communities maintain and 

expand community living options for individuals with developmental disabilities, there is a need to evaluate the access to 

those options by individuals with developmental disabilities 

and the effects of those options on individuals with developmental disabilities. 

(b) PURPOSE.—The purpose of this title is to assure that individuals with developmental disabilities and their families participate 

in the design of and have access to needed community services, 

individualized supports, and other forms of assistance that promote 

self-determination, independence, productivity, and integration and 

inclusion in all facets of community life, through culturally competent programs authorized under this title, including specifically— 

(1) State Councils on Developmental Disabilities in each 

State to engage in advocacy, capacity building, and systemic 

change activities that— 

(A) are consistent with the purpose described in this 

subsection and the policy described in subsection (c); and 

(B) contribute to a coordinated, consumer- and familycentered, consumer- and family-directed, comprehensive 

system that includes needed community services, individualized supports, and other forms of assistance that promote self-determination for individuals with developmental 

disabilities and their families; 

(2) protection and advocacy systems in each State to protect 

the legal and human rights of individuals with developmental 

disabilities; 

(3) University Centers for Excellence in Developmental 

Disabilities Education, Research, and Service— 

(A) to provide interdisciplinary pre-service preparation 

and continuing education of students and fellows, which 

may include the preparation and continuing education of 

leadership, direct service, clinical, or other personnel to 

strengthen and increase the capacity of States and communities to achieve the purpose of this title; 

(B) to provide community services— 

(i) that provide training and technical assistance 

for individuals with developmental disabilities, their 

families, professionals, paraprofessionals, policymakers, students, and other members of the community; and 

(ii) that may provide services, supports, and assistance for the persons described in clause (i) through 

demonstration and model activities; 

(C) to conduct research, which may include basic or 

applied research, evaluation, and the analysis of public 

policy in areas that affect or could affect, either positively 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1681
 

or negatively, individuals with developmental disabilities 

and their families; and 

(D) to disseminate information related to activities 

undertaken to address the purpose of this title, especially 

dissemination of information that demonstrates that the 

network authorized under this subtitle is a national and 

international resource that includes specific substantive 

areas of expertise that may be accessed and applied in 

diverse settings and circumstances; and 

(4) funding for— 

(A) national initiatives to collect necessary data on 

issues that are directly or indirectly relevant to the lives 

of individuals with developmental disabilities; 

(B) technical assistance to entities who engage in or 

intend to engage in activities consistent with the purpose 

described in this subsection or the policy described in subsection (c); and 

(C) other nationally significant activities. 

(c) POLICY.—It is the policy of the United States that all programs, projects, and activities receiving assistance under this title 

shall be carried out in a manner consistent with the principles 

that— 

(1) individuals with developmental disabilities, including 

those with the most severe developmental disabilities, are 

capable of self-determination, independence, productivity, and 

integration and inclusion in all facets of community life, but 

often require the provision of community services, individualized supports, and other forms of assistance; 

(2) individuals with developmental disabilities and their 

families have competencies, capabilities, and personal goals 

that should be recognized, supported, and encouraged, and 

any assistance to such individuals should be provided in an 

individualized manner, consistent with the unique strengths, 

resources, priorities, concerns, abilities, and capabilities of such 

individuals; 

(3) individuals with developmental disabilities and their 

families are the primary decisionmakers regarding the services 

and supports such individuals and their families receive, 

including regarding choosing where the individuals live from 

available options, and play decisionmaking roles in policies 

and programs that affect the lives of such individuals and 

their families; 

(4) services, supports, and other assistance should be provided in a manner that demonstrates respect for individual 

dignity, personal preferences, and cultural differences; 

(5) specific efforts must be made to ensure that individuals 

with developmental disabilities from racial and ethnic minority 

backgrounds and their families enjoy increased and meaningful 

opportunities to access and use community services, individualized supports, and other forms of assistance available to other 

individuals with developmental disabilities and their families; 

(6) recruitment efforts in disciplines related to developmental disabilities relating to pre-service training, community 

training, practice, administration, and policymaking must focus 

on bringing larger numbers of racial and ethnic minorities 

114 STAT. 1682 PUBLIC LAW 106–402—OCT. 30, 2000
 

42 USC 15002. 

into the disciplines in order to provide appropriate skills, knowledge, role models, and sufficient personnel to address the 

growing needs of an increasingly diverse population; 

(7) with education and support, communities can be accessible to and responsive to the needs of individuals with developmental disabilities and their families and are enriched by full 

and active participation in community activities, and contributions, by individuals with developmental disabilities and their 

families; 

(8) individuals with developmental disabilities have access 

to opportunities and the necessary support to be included in 

community life, have interdependent relationships, live in 

homes and communities, and make contributions to their families, communities, and States, and the Nation; 

(9) efforts undertaken to maintain or expand communitybased living options for individuals with disabilities should 

be monitored in order to determine and report to appropriate 

individuals and entities the extent of access by individuals 

with developmental disabilities to those options and the extent 

of compliance by entities providing those options with quality 

assurance standards; 

(10) families of children with developmental disabilities 

need to have access to and use of safe and appropriate child 

care and before-school and after-school programs, in the most 

integrated settings, in order to enrich the participation of the 

children in community life; 

(11) individuals with developmental disabilities need to 

have access to and use of public transportation, in order to 

be independent and directly contribute to and participate in 

all facets of community life; and 

(12) individuals with developmental disabilities need to 

have access to and use of recreational, leisure, and social 

opportunities in the most integrated settings, in order to enrich 

their participation in community life. 

SEC. 102. DEFINITIONS. 

In this title: 

(1) AMERICAN INDIAN CONSORTIUM.—The term ‘‘American 

Indian Consortium’’ means any confederation of 2 or more 

recognized American Indian tribes, created through the official 

action of each participating tribe, that has a combined total 

resident population of 150,000 enrolled tribal members and 

a contiguous territory of Indian lands in 2 or more States. 

(2) AREAS OF EMPHASIS.—The term ‘‘areas of emphasis’’ 

means the areas related to quality assurance activities, education activities and early intervention activities, child carerelated activities, health-related activities, employment-related 

activities, housing-related activities, transportation-related 

activities, recreation-related activities, and other services available or offered to individuals in a community, including formal 

and informal community supports, that affect their quality 

of life. 

(3) ASSISTIVE TECHNOLOGY DEVICE.—The term ‘‘assistive 

technology device’’ means any item, piece of equipment, or 

product system, whether acquired commercially, modified or 

customized, that is used to increase, maintain, or improve 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1683
 

functional capabilities of individuals with developmental 

disabilities. 

(4) ASSISTIVE TECHNOLOGY SERVICE.—The term ‘‘assistive 

technology service’’ means any service that directly assists an 

individual with a developmental disability in the selection, 

acquisition, or use of an assistive technology device. Such term 

includes— 

(A) conducting an evaluation of the needs of an individual with a developmental disability, including a functional evaluation of the individual in the individual’s customary environment; 

(B) purchasing, leasing, or otherwise providing for the 

acquisition of an assistive technology device by an individual with a developmental disability; 

(C) selecting, designing, fitting, customizing, adapting, 

applying, maintaining, repairing or replacing an assistive 

technology device; 

(D) coordinating and using another therapy, intervention, or service with an assistive technology device, such 

as a therapy, intervention, or service associated with an 

education or rehabilitation plan or program; 

(E) providing training or technical assistance for an 

individual with a developmental disability, or, where appropriate, a family member, guardian, advocate, or authorized 

representative of an individual with a developmental disability; and 

(F) providing training or technical assistance for professionals (including individuals providing education and 

rehabilitation services), employers, or other individuals who 

provide services to, employ, or are otherwise substantially 

involved in the major life functions of, an individual with 

developmental disabilities. 

(5) CENTER.—The term ‘‘Center’’ means a University Center 

for Excellence in Developmental Disabilities Education, 

Research, and Service established under subtitle D. 

(6) CHILD CARE-RELATED ACTIVITIES.—The term ‘‘child carerelated activities’’ means advocacy, capacity building, and systemic change activities that result in families of children with 

developmental disabilities having access to and use of child 

care services, including before-school, after-school, and out-ofschool services, in their communities. 

(7) CULTURALLY COMPETENT.—The term ‘‘culturally competent’’, used with respect to services, supports, or other assistance, means services, supports, or other assistance that is conducted or provided in a manner that is responsive to the beliefs, 

interpersonal styles, attitudes, language, and behaviors of 

individuals who are receiving the services, supports, or other 

assistance, and in a manner that has the greatest likelihood 

of ensuring their maximum participation in the program 

involved. 

(8) DEVELOPMENTAL DISABILITY.— 

(A) IN GENERAL.—The term ‘‘developmental disability’’ 

means a severe, chronic disability of an individual that— 

(i) is attributable to a mental or physical impairment or combination of mental and physical impairments; 

114 STAT. 1684
 PUBLIC LAW 106–402—OCT. 30, 2000 

(ii) is manifested before the individual attains age 

22; 

(iii) is likely to continue indefinitely; 

(iv) results in substantial functional limitations 

in 3 or more of the following areas of major life activity: 

(I) Self-care. 

(II) Receptive and expressive language. 

(III) Learning. 

(IV) Mobility. 

(V) Self-direction. 

(VI) Capacity for independent living. 

(VII) Economic self-sufficiency; and 

(v) reflects the individual’s need for a combination 

and sequence of special, interdisciplinary, or generic 

services, individualized supports, or other forms of 

assistance that are of lifelong or extended duration 

and are individually planned and coordinated. 

(B) INFANTS AND YOUNG CHILDREN.—An individual 

from birth to age 9, inclusive, who has a substantial 

developmental delay or specific congenital or acquired 

condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described 

in clauses (i) through (v) of subparagraph (A) if the individual, without services and supports, has a high probability of meeting those criteria later in life. 

(9) EARLY INTERVENTION ACTIVITIES.—The term ‘‘early 

intervention activities’’ means advocacy, capacity building, and 

systemic change activities provided to individuals described 

in paragraph (8)(B) and their families to enhance— 

(A) the development of the individuals to maximize 

their potential; and 

(B) the capacity of families to meet the special needs 

of the individuals. 

(10) EDUCATION ACTIVITIES.—The term ‘‘education activities’’ means advocacy, capacity building, and systemic change 

activities that result in individuals with developmental disabilities being able to access appropriate supports and modifications 

when necessary, to maximize their educational potential, to 

benefit from lifelong educational activities, and to be integrated 

and included in all facets of student life. 

(11) EMPLOYMENT-RELATED ACTIVITIES.—The term ‘‘employment-related activities’’ means advocacy, capacity building, and 

systemic change activities that result in individuals with 

developmental disabilities acquiring, retaining, or advancing 

in paid employment, including supported employment or selfemployment, in integrated settings in a community. 

(12) FAMILY SUPPORT SERVICES.— 

(A) IN GENERAL.—The term ‘‘family support services’’ 

means services, supports, and other assistance, provided 

to families with members who have developmental disabilities, that are designed to— 

(i) strengthen the family’s role as primary caregiver; 

(ii) prevent inappropriate out-of-the-home placement of the members and maintain family unity; and 

(iii) reunite families with members who have been 

placed out of the home whenever possible. 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1685
 

(B) SPECIFIC SERVICES.—Such term includes respite 

care, provision of rehabilitation technology and assistive 

technology, personal assistance services, parent training 

and counseling, support for families headed by aging caregivers, vehicular and home modifications, and assistance 

with extraordinary expenses, associated with the needs 

of individuals with developmental disabilities. 

(13) HEALTH-RELATED ACTIVITIES.—The term ‘‘healthrelated activities’’ means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities having access to and use of coordinated 

health, dental, mental health, and other human and social 

services, including prevention activities, in their communities. 

(14) HOUSING-RELATED ACTIVITIES.—The term ‘‘housingrelated activities’’ means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities having access to and use of housing and 

housing supports and services in their communities, including 

assistance related to renting, owning, or modifying an apartment or home. 

(15) INCLUSION.—The term ‘‘inclusion’’, used with respect 

to individuals with developmental disabilities, means the 

acceptance and encouragement of the presence and participation of individuals with developmental disabilities, by individuals without disabilities, in social, educational, work, and 

community activities, that enables individuals with developmental disabilities to— 

(A) have friendships and relationships with individuals 

and families of their own choice; 

(B) live in homes close to community resources, with 

regular contact with individuals without disabilities in their 

communities; 

(C) enjoy full access to and active participation in 

the same community activities and types of employment 

as individuals without disabilities; and 

(D) take full advantage of their integration into the 

same community resources as individuals without disabilities, living, learning, working, and enjoying life in regular 

contact with individuals without disabilities. 

(16) INDIVIDUALIZED SUPPORTS.—The term ‘‘individualized 

supports’’ means supports that— 

(A) enable an individual with a developmental disability to exercise self-determination, be independent, be 

productive, and be integrated and included in all facets 

of community life; 

(B) are designed to— 

(i) enable such individual to control such individual’s environment, permitting the most independent 

life possible; 

(ii) prevent placement into a more restrictive living 

arrangement than is necessary; and 

(iii) enable such individual to live, learn, work, 

and enjoy life in the community; and 

(C) include— 

(i) early intervention services; 

(ii) respite care; 

(iii) personal assistance services; 

114 STAT. 1686
 PUBLIC LAW 106–402—OCT. 30, 2000 

(iv) family support services; 

(v) supported employment services; 

(vi) support services for families headed by aging 

caregivers of individuals with developmental disabilities; and 

(vii) provision of rehabilitation technology and 

assistive technology, and assistive technology services. 

(17) INTEGRATION.—The term ‘‘integration’’, used with 

respect to individuals with developmental disabilities, means 

exercising the equal right of individuals with developmental 

disabilities to access and use the same community resources 

as are used by and available to other individuals. 

(18) NOT-FOR-PROFIT.—The term ‘‘not-for-profit’’, used with 

respect to an agency, institution, or organization, means an 

agency, institution, or organization that is owned or operated 

by 1 or more corporations or associations, no part of the net 

earnings of which inures, or may lawfully inure, to the benefit 

of any private shareholder or individual. 

(19) PERSONAL ASSISTANCE SERVICES.—The term ‘‘personal 

assistance services’’ means a range of services, provided by 

1 or more individuals, designed to assist an individual with 

a disability to perform daily activities, including activities on 

or off a job that such individual would typically perform if 

such individual did not have a disability. Such services shall 

be designed to increase such individual’s control in life and 

ability to perform everyday activities, including activities on 

or off a job. 

(20) PREVENTION ACTIVITIES.—The term ‘‘prevention activities’’ means activities that address the causes of developmental 

disabilities and the exacerbation of functional limitation, such 

as activities that— 

(A) eliminate or reduce the factors that cause or predispose individuals to developmental disabilities or that 

increase the prevalence of developmental disabilities; 

(B) increase the early identification of problems to 

eliminate circumstances that create or increase functional 

limitations; and 

(C) mitigate against the effects of developmental 

disabilities throughout the lifespan of an individual. 

(21) PRODUCTIVITY.—The term ‘‘productivity’’ means— 

(A) engagement in income-producing work that is 

measured by increased income, improved employment 

status, or job advancement; or 

(B) engagement in work that contributes to a household 

or community. 

(22) PROTECTION AND ADVOCACY SYSTEM.—The term 

‘‘protection and advocacy system’’ means a protection and 

advocacy system established in accordance with section 143. 

(23) QUALITY ASSURANCE ACTIVITIES.—The term ‘‘quality 

assurance activities’’ means advocacy, capacity building, and 

systemic change activities that result in improved consumerand family-centered quality assurance and that result in systems of quality assurance and consumer protection that— 

(A) include monitoring of services, supports, and assistance provided to an individual with developmental disabilities that ensures that the individual— 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1687
 

(i) will not experience abuse, neglect, sexual or 

financial exploitation, or violation of legal or human 

rights; and 

(ii) will not be subject to the inappropriate use 

of restraints or seclusion; 

(B) include training in leadership, self-advocacy, and 

self-determination for individuals with developmental 

disabilities, their families, and their guardians to ensure 

that those individuals— 

(i) will not experience abuse, neglect, sexual or 

financial exploitation, or violation of legal or human 

rights; and 

(ii) will not be subject to the inappropriate use 

of restraints or seclusion; or 

(C) include activities related to interagency coordination and systems integration that result in improved and 

enhanced services, supports, and other assistance that contribute to and protect the self-determination, independence, 

productivity, and integration and inclusion in all facets 

of community life, of individuals with developmental 

disabilities. 

(24) RECREATION-RELATED ACTIVITIES.—The term ‘‘recreation-related activities’’ means advocacy, capacity building, and 

systemic change activities that result in individuals with 

developmental disabilities having access to and use of recreational, leisure, and social activities, in their communities. 

(25) REHABILITATION TECHNOLOGY.—The term ‘‘rehabilitation technology’’ means the systematic application of technologies, engineering methodologies, or scientific principles to 

meet the needs of, and address the barriers confronted by, 

individuals with developmental disabilities in areas that include 

education, rehabilitation, employment, transportation, independent living, and recreation. Such term includes rehabilitation engineering, and the provision of assistive technology 

devices and assistive technology services. 

(26) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services. 

(27) SELF-DETERMINATION ACTIVITIES.—The term ‘‘selfdetermination activities’’ means activities that result in individuals with developmental disabilities, with appropriate assistance, having— 

(A) the ability and opportunity to communicate and 

make personal decisions; 

(B) the ability and opportunity to communicate choices 

and exercise control over the type and intensity of services, 

supports, and other assistance the individuals receive; 

(C) the authority to control resources to obtain needed 

services, supports, and other assistance; 

(D) opportunities to participate in, and contribute to, 

their communities; and 

(E) support, including financial support, to advocate 

for themselves and others, to develop leadership skills, 

through training in self-advocacy, to participate in coalitions, to educate policymakers, and to play a role in the 

development of public policies that affect individuals with 

developmental disabilities. 

114 STAT. 1688 PUBLIC LAW 106–402—OCT. 30, 2000
 

42 USC 15003. 

42 USC 15004. 

(28) STATE.—The term ‘‘State’’, except as otherwise provided, includes, in addition to each of 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. 

(29) STATE COUNCIL ON DEVELOPMENTAL DISABILITIES.— 

The term ‘‘State Council on Developmental Disabilities’’ means 

a Council established under section 125. 

(30) SUPPORTED EMPLOYMENT SERVICES.—The term ‘‘supported employment services’’ means services that enable 

individuals with developmental disabilities to perform competitive work in integrated work settings, in the case of individuals 

with developmental disabilities— 

(A)(i) for whom competitive employment has not 

traditionally occurred; or 

(ii) for whom competitive employment has been interrupted or intermittent as a result of significant disabilities; 

and 

(B) who, because of the nature and severity of their 

disabilities, need intensive supported employment services 

or extended services in order to perform such work. 

(31) TRANSPORTATION-RELATED ACTIVITIES.—The term 

‘‘transportation-related activities’’ means advocacy, capacity 

building, and systemic change activities that result in individuals with developmental disabilities having access to and use 

of transportation. 

(32) UNSERVED AND UNDERSERVED.—The term ‘‘unserved 

and underserved’’ includes populations such as individuals from 

racial and ethnic minority backgrounds, disadvantaged individuals, individuals with limited English proficiency, individuals 

from underserved geographic areas (rural or urban), and specific groups of individuals within the population of individuals 

with developmental disabilities, including individuals who 

require assistive technology in order to participate in and contribute to community life. 

SEC. 103. RECORDS AND AUDITS. 

(a) RECORDS.—Each recipient of assistance under this title shall 

keep such records as the Secretary shall prescribe, including— 

(1) records that fully disclose— 

(A) the amount and disposition by such recipient of 

the assistance; 

(B) the total cost of the project or undertaking in 

connection with which such assistance is given or used; 

and 

(C) the amount of that portion of the cost of the project 

or undertaking that is supplied by other sources; and 

(2) such other records as will facilitate an effective audit. 

(b) ACCESS.—The Secretary and the Comptroller General of 

the United States, or any of their duly authorized representatives, 

shall have access for the purpose of audit and examination to 

any books, documents, papers, and records of the recipients of 

assistance under this title that are pertinent to such assistance. 

SEC. 104. RESPONSIBILITIES OF THE SECRETARY. 

(a) PROGRAM ACCOUNTABILITY.— 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1689
 

(1) IN GENERAL.—In order to monitor entities that received 

funds under this Act to carry out activities under subtitles 

B, C, and D and determine the extent to which the entities 

have been responsive to the purpose of this title and have 

taken actions consistent with the policy described in section 

101(c), the Secretary shall develop and implement an accountability process as described in this subsection, with respect 

to activities conducted after October 1, 2001. 

(2) AREAS OF EMPHASIS.—The Secretary shall develop a 

process for identifying and reporting (pursuant to section 105) 

on progress achieved through advocacy, capacity building, and 

systemic change activities, undertaken by the entities described 

in paragraph (1), that resulted in individuals with developmental disabilities and their families participating in the design 

of and having access to needed community services, individualized supports, and other forms of assistance that promote selfdetermination, independence, productivity, and integration and 

inclusion in all facets of community life. Specifically, the Secretary shall develop a process for identifying and reporting 

on progress achieved, through advocacy, capacity building, and 

systemic change activities, by the entities in the areas of 

emphasis. 

(3) INDICATORS OF PROGRESS.— 

(A) IN GENERAL.—In identifying progress made by the 

entities described in paragraph (1) in the areas of emphasis, 

the Secretary, in consultation with the Commissioner of 

the Administration on Developmental Disabilities and the 

entities, shall develop indicators for each area of emphasis. 

(B) PROPOSED INDICATORS.—Not later than 180 days 

after the date of enactment of this Act, the Secretary shall 

develop and publish in the Federal Register for public 

comment proposed indicators of progress for monitoring 

how entities described in paragraph (1) have addressed 

the areas of emphasis described in paragraph (2) in a 

manner that is responsive to the purpose of this title and 

consistent with the policy described in section 101(c). 

(C) FINAL INDICATORS.—Not later than October 1, 2001, 

the Secretary shall revise the proposed indicators of 

progress, to the extent necessary based on public comment, 

and publish final indicators of progress in the Federal 

Register. 

(D) SPECIFIC MEASURES.—At a minimum, the indicators 

of progress shall be used to describe and measure— 

(i) the satisfaction of individuals with developmental disabilities with the advocacy, capacity 

building, and systemic change activities provided under 

subtitles B, C, and D; 

(ii) the extent to which the advocacy, capacity 

building, and systemic change activities provided 

through subtitles B, C, and D result in improvements 

in— 

(I) the ability of individuals with developmental disabilities to make choices and exert control over the type, intensity, and timing of services, 

supports, and assistance that the individuals have 

used; 

Deadline. 

Federal Register, 

publication. 

Deadline. 

Federal Register, 

publication. 

114 STAT. 1690 PUBLIC LAW 106–402—OCT. 30, 2000
 

Deadline. 

Federal Register, 

publication. 

Deadline. 

42 USC 15005. 

(II) the ability of individuals with developmental disabilities to participate in the full range 

of community life with persons of the individuals’ 

choice; and 

(III) the ability of individuals with developmental disabilities to access services, supports, and 

assistance in a manner that ensures that such 

an individual is free from abuse, neglect, sexual 

and financial exploitation, violation of legal and 

human rights, and the inappropriate use of 

restraints and seclusion; and 

(iii) the extent to which the entities described in 

paragraph (1) collaborate with each other to achieve 

the purpose of this title and the policy described in 

section 101(c). 

(4) TIME LINE FOR COMPLIANCE WITH INDICATORS OF 

PROGRESS.—The Secretary shall require entities described in 

paragraph (1) to meet the indicators of progress described in 

paragraph (3). For fiscal year 2002 and each year thereafter, 

the Secretary shall apply the indicators in monitoring entities 

described in paragraph (1), with respect to activities conducted 

after October 1, 2001. 

(b) TIME LINE FOR REGULATIONS.—Except as otherwise 

expressly provided in this title, the Secretary, not later than 1 

year after the date of enactment of this Act, shall promulgate 

such regulations as may be required for the implementation of 

this title. 

(c) INTERAGENCY COMMITTEE.— 

(1) IN GENERAL.—The Secretary shall maintain the interagency committee authorized in section 108 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 

6007) as in effect on the day before the date of enactment 

of this Act, except as otherwise provided in this subsection. 

(2) COMPOSITION.—The interagency committee shall be 

composed of representatives of— 

(A) the Administration on Developmental Disabilities, 

the Administration on Children, Youth, and Families, the 

Administration on Aging, and the Health Resources and 

Services Administration, of the Department of Health and 

Human Services; and 

(B) such other Federal departments and agencies as 

the Secretary of Health and Human Services considers 

to be appropriate. 

(3) DUTIES.—Such interagency committee shall meet regularly to coordinate and plan activities conducted by Federal 

departments and agencies for individuals with developmental 

disabilities. 

(4) MEETINGS.—Each meeting of the interagency committee 

(except for any meetings of any subcommittees of the committee) shall be open to the public. Notice of each meeting, 

and a statement of the agenda for the meeting, shall be published in the Federal Register not later than 14 days before 

the date on which the meeting is to occur. 

SEC. 105. REPORTS OF THE SECRETARY. 

At least once every 2 years, the Secretary, using information 

submitted in the reports and information required under subtitles 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1691
 

B, C, D, and E, shall prepare and submit to the President, Congress, 

and the National Council on Disability, a report that describes 

the goals and outcomes of programs supported under subtitles B, 

C, D, and E. In preparing the report, the Secretary shall provide— 

(1) meaningful examples of how the councils, protection
 

and advocacy systems, centers, and entities funded under subtitles B, C, D, and E, respectively—
 

(A) have undertaken coordinated activities with each 

other; 

(B) have enhanced the ability of individuals with 

developmental disabilities and their families to participate 

in the design of and have access to needed community 

services, individualized supports, and other forms of assistance that promote self-determination, independence, 

productivity, and integration and inclusion in all facets 

of community life; 

(C) have brought about advocacy, capacity building, 

and systemic change activities (including policy reform), 

and other actions on behalf of individuals with developmental disabilities and their families, including individuals 

who are traditionally unserved or underserved, particularly 

individuals who are members of ethnic and racial minority 

groups and individuals from underserved geographic areas; 

and 

(D) have brought about advocacy, capacity building, 

and systemic change activities that affect individuals with 

disabilities other than individuals with developmental 

disabilities; 

(2) information on the extent to which programs authorized
 

under this title have addressed—
 

(A) protecting individuals with developmental disabilities from abuse, neglect, sexual and financial exploitation, 

and violations of legal and human rights, so that those 

individuals are at no greater risk of harm than other 

persons in the general population; and 

(B) reports of deaths of and serious injuries to individuals with developmental disabilities; and 

(3) a summary of any incidents of noncompliance of the
 

programs authorized under this title with the provisions of
 

this title, and corrections made or actions taken to obtain
 

compliance.
 

SEC. 106. STATE CONTROL OF OPERATIONS. 42 USC 15006. 

Except as otherwise specifically provided, nothing in this title 

shall be construed as conferring on any Federal officer or employee 

the right to exercise any supervision or control over the administration, personnel, maintenance, or operation of any programs, services, and supports for individuals with developmental disabilities 

with respect to which any funds have been or may be expended 

under this title. 

SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES. 42 USC 15007. 

As a condition of providing assistance under this title, the 

Secretary shall require that each recipient of such assistance take 

affirmative action to employ and advance in employment qualified 

individuals with disabilities on the same terms and conditions 

required with respect to the employment of such individuals under 

the provisions of title V of the Rehabilitation Act of 1973 (29 

114 STAT. 1692 PUBLIC LAW 106–402—OCT. 30, 2000
 

42 USC 15008. 

42 USC 15009. 

U.S.C. 791 et seq.) and the Americans with Disabilities Act of 

1990 (42 U.S.C. 12101 et seq.), that govern employment. 

SEC. 108. CONSTRUCTION. 

Nothing in this title shall be construed to preclude an entity 

funded under this title from engaging in advocacy, capacity building, 

and systemic change activities for individuals with developmental 

disabilities that may also have a positive impact on individuals 

with other disabilities. 

SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. 

(a) IN GENERAL.—Congress makes the following findings 

respecting the rights of individuals with developmental disabilities: 

(1) Individuals with developmental disabilities have a right 

to appropriate treatment, services, and habilitation for such 

disabilities, consistent with section 101(c). 

(2) The treatment, services, and habitation for an individual 

with developmental disabilities should be designed to maximize 

the potential of the individual and should be provided in the 

setting that is least restrictive of the individual’s personal 

liberty. 

(3) The Federal Government and the States both have 

an obligation to ensure that public funds are provided only 

to institutional programs, residential programs, and other 

community programs, including educational programs in which 

individuals with developmental disabilities participate, that— 

(A) provide treatment, services, and habilitation that 

are appropriate to the needs of such individuals; and 

(B) meet minimum standards relating to— 

(i) provision of care that is free of abuse, neglect, 

sexual and financial exploitation, and violations of legal 

and human rights and that subjects individuals with 

developmental disabilities to no greater risk of harm 

than others in the general population; 

(ii) provision to such individuals of appropriate 

and sufficient medical and dental services; 

(iii) prohibition of the use of physical restraint 

and seclusion for such an individual unless absolutely 

necessary to ensure the immediate physical safety of 

the individual or others, and prohibition of the use 

of such restraint and seclusion as a punishment or 

as a substitute for a habilitation program; 

(iv) prohibition of the excessive use of chemical 

restraints on such individuals and the use of such 

restraints as punishment or as a substitute for a habilitation program or in quantities that interfere with 

services, treatment, or habilitation for such individuals; 

and 

(v) provision for close relatives or guardians of 

such individuals to visit the individuals without prior 

notice. 

(4) All programs for individuals with developmental disabilities should meet standards— 

(A) that are designed to assure the most favorable 

possible outcome for those served; and 

(B)(i) in the case of residential programs serving 

individuals in need of comprehensive health-related, 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1693
 

habilitative, assistive technology or rehabilitative services, 

that are at least equivalent to those standards applicable 

to intermediate care facilities for the mentally retarded, 

promulgated in regulations of the Secretary on June 3, 

1988, as appropriate, taking into account the size of the 

institutions and the service delivery arrangements of the 

facilities of the programs; 

(ii) in the case of other residential programs for individuals with developmental disabilities, that assure that— 

(I) care is appropriate to the needs of the individuals being served by such programs; 

(II) the individuals admitted to facilities of such 

programs are individuals whose needs can be met 

through services provided by such facilities; and 

(III) the facilities of such programs provide for 

the humane care of the residents of the facilities, are 

sanitary, and protect their rights; and 

(iii) in the case of nonresidential programs, that assure 

that the care provided by such programs is appropriate 

to the individuals served by the programs. 

(b) CLARIFICATION.—The rights of individuals with developmental disabilities described in findings made in this section shall 

be considered to be in addition to any constitutional or other rights 

otherwise afforded to all individuals. 

Subtitle B—Federal Assistance to State
 

Councils on Developmental Disabilities
 

SEC. 121. PURPOSE. 42 USC 15021. 

The purpose of this subtitle is to provide for allotments to 

support State Councils on Developmental Disabilities (referred to 

individually in this subtitle as a ‘‘Council’’) in each State to— 

(1) engage in advocacy, capacity building, and systemic
 

change activities that are consistent with the purpose described
 

in section 101(b) and the policy described in section 101(c);
 

and
 

(2) contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system
 

of community services, individualized supports, and other forms
 

of assistance that enable individuals with developmental
 

disabilities to exercise self-determination, be independent, be
 

productive, and be integrated and included in all facets of
 

community life.
 

SEC. 122. STATE ALLOTMENTS. 42 USC 15022. 

(a) ALLOTMENTS.— 

(1) IN GENERAL.— 

(A) AUTHORITY.—For each fiscal year, the Secretary 

shall, in accordance with regulations and this paragraph, 

allot the sums appropriated for such year under section 

129 among the States on the basis of— 

(i) the population; 

(ii) the extent of need for services for individuals 

with developmental disabilities; and 

(iii) the financial need,
 

of the respective States.
 

114 STAT. 1694
 

Deadline. 

PUBLIC LAW 106–402—OCT. 30, 2000 

(B) USE OF FUNDS.—Sums allotted to the States under 

this section shall be used to pay for the Federal share 

of the cost of carrying out projects in accordance with 

State plans approved under section 124 for the provision 

under such plans of services for individuals with developmental disabilities. 

(2) ADJUSTMENTS.—The Secretary may make adjustments 

in the amounts of State allotments based on clauses (i), (ii), 

and (iii) of paragraph (1)(A) not more often than annually. 

The Secretary shall notify each State of any adjustment made 

under this paragraph and the percentage of the total sums 

appropriated under section 129 that the adjusted allotment 

represents not later than 6 months before the beginning of 

the fiscal year in which such adjustment is to take effect. 

(3) MINIMUM ALLOTMENT FOR APPROPRIATIONS LESS THAN 

OR EQUAL TO $70,000,000.— 

(A) IN GENERAL.—Except as provided in paragraph (4), 

for any fiscal year the allotment under this section— 

(i) to each of American Samoa, Guam, the United 

States Virgin Islands, or the Commonwealth of the 

Northern Mariana Islands may not be less than 

$210,000; and 

(ii) to any State not described in clause (i) may 

not be less than $400,000. 

(B) REDUCTION OF ALLOTMENT.—Notwithstanding 

subparagraph (A), if the aggregate of the amounts to be 

allotted to the States pursuant to subparagraph (A) for 

any fiscal year exceeds the total amount appropriated 

under section 129 for such fiscal year, the amount to be 

allotted to each State for such fiscal year shall be proportionately reduced. 

(4) MINIMUM ALLOTMENT FOR APPROPRIATIONS IN EXCESS 

OF $70,000,000.— 

(A) IN GENERAL.—In any case in which the total 

amount appropriated under section 129 for a fiscal year 

is more than $70,000,000, the allotment under this section 

for such fiscal year— 

(i) to each of American Samoa, Guam, the United 

States Virgin Islands, or the Commonwealth of the 

Northern Mariana Islands may not be less than 

$220,000; and 

(ii) to any State not described in clause (i) may 

not be less than $450,000. 

(B) REDUCTION OF ALLOTMENT.—The requirements of 

paragraph (3)(B) shall apply with respect to amounts to 

be allotted to States under subparagraph (A), in the same 

manner and to the same extent as such requirements apply 

with respect to amounts to be allotted to States under 

paragraph (3)(A). 

(5) STATE SUPPORTS, SERVICES, AND OTHER ACTIVITIES.— 

In determining, for purposes of paragraph (1)(A)(ii), the extent 

of need in any State for services for individuals with developmental disabilities, the Secretary shall take into account the 

scope and extent of the services, supports, and assistance 

described, pursuant to section 124(c)(3)(A), in the State plan 

of the State. 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1695
 

(6) INCREASE IN ALLOTMENTS.—In any year in which the 

total amount appropriated under section 129 for a fiscal year 

exceeds the total amount appropriated under such section (or 

a corresponding provision) for the preceding fiscal year by a 

percentage greater than the most recent percentage change 

in the Consumer Price Index published by the Secretary of 

Labor under section 100(c)(1) of the Rehabilitation Act of 1973 

(29 U.S.C. 720(c)(1)) (if the percentage change indicates an 

increase), the Secretary shall increase each of the minimum 

allotments described in paragraphs (3) and (4). The Secretary 

shall increase each minimum allotment by an amount that 

bears the same ratio to the amount of such minimum allotment 

(including any increases in such minimum allotment under 

this paragraph (or a corresponding provision) for prior fiscal 

years) as the amount that is equal to the difference between— 

(A) the total amount appropriated under section 129 

for the fiscal year for which the increase in the minimum 

allotment is being made; minus 

(B) the total amount appropriated under section 129 

(or a corresponding provision) for the immediately preceding fiscal year, 

bears to the total amount appropriated under section 129 (or 

a corresponding provision) for such preceding fiscal year. 

(b) UNOBLIGATED FUNDS.—Any amount paid to a State for 

a fiscal year and remaining unobligated at the end of such year 

shall remain available to such State for the next fiscal year for 

the purposes for which such amount was paid. 

(c) OBLIGATION OF FUNDS.—For the purposes of this subtitle, 

State Interagency Agreements are considered valid obligations for 

the purpose of obligating Federal funds allotted to the State under 

this subtitle. 

(d) COOPERATIVE EFFORTS BETWEEN STATES.—If a State plan 

approved in accordance with section 124 provides for cooperative 

or joint effort between or among States or agencies, public or 

private, in more than 1 State, portions of funds allotted to 1 or 

more States described in this subsection may be combined in accordance with the agreements between the States or agencies involved. 

(e) REALLOTMENTS.— 

(1) IN GENERAL.—If the Secretary determines that an 

amount of an allotment to a State for a period (of a fiscal 

year or longer) will not be required by the State during the 

period for the purpose for which the allotment was made, 

the Secretary may reallot the amount. 

(2) TIMING.—The Secretary may make such a reallotment 

from time to time, on such date as the Secretary may fix, 

but not earlier than 30 days after the Secretary has published 

notice of the intention of the Secretary to make the reallotment 

in the Federal Register. 

(3) AMOUNTS.—The Secretary shall reallot the amount to 

other States with respect to which the Secretary has not made 

that determination. The Secretary shall reallot the amount 

in proportion to the original allotments of the other States 

for such fiscal year, but shall reduce such proportionate amount 

for any of the other States to the extent the proportionate 

amount exceeds the sum that the Secretary estimates the State 

needs and will be able to use during such period. 

114 STAT. 1696 PUBLIC LAW 106–402—OCT. 30, 2000
 

(4) REALLOTMENT OF REDUCTIONS.—The Secretary shall 

similarly reallot the total of the reductions among the States 

whose proportionate amounts were not so reduced. 

(5) TREATMENT.—Any amount reallotted to a State under 

this subsection for a fiscal year shall be deemed to be a part 

of the allotment of the State under subsection (a) for such 

fiscal year. 

42 USC 15023.	 SEC. 123. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION, AND SERVICES. 

(a) STATE PLAN EXPENDITURES.—From each State’s allotments 

for a fiscal year under section 122, the Secretary shall pay to 

the State the Federal share of the cost, other than the cost for 

construction, incurred during such year for activities carried out 

under the State plan approved under section 124. The Secretary 

shall make such payments from time to time in advance on the 

basis of estimates by the Secretary of the sums the State will 

expend for the cost under the State plan. The Secretary shall 

make such adjustments as may be necessary to the payments 

on account of previously made underpayments or overpayments 

under this section. 

(b) DESIGNATED STATE AGENCY EXPENDITURES.—The Secretary 

may make payments to a State for the portion described in section 

124(c)(5)(B)(vi) in advance or by way of reimbursement, and in 

such installments as the Secretary may determine. 

42 USC 15024. SEC. 124. STATE PLAN. 

(a) IN GENERAL.—Any State desiring to receive assistance under 

this subtitle shall submit to the Secretary, and obtain approval 

of, a 5-year strategic State plan under this section. 

(b) PLANNING CYCLE.—The plan described in subsection (a) 

shall be updated as appropriate during the 5-year period. 

(c) STATE PLAN REQUIREMENTS.—In order to be approved by 

the Secretary under this section, a State plan shall meet each 

of the following requirements: 

(1) STATE COUNCIL.—The plan shall provide for the 

establishment and maintenance of a Council in accordance 

with section 125 and describe the membership of such Council. 

(2) DESIGNATED STATE AGENCY.—The plan shall identify 

the agency or office within the State designated to support 

the Council in accordance with this section and section 125(d) 

(referred to in this subtitle as a ‘‘designated State agency’’). 

(3) COMPREHENSIVE REVIEW AND ANALYSIS.—The plan shall 

describe the results of a comprehensive review and analysis 

of the extent to which services, supports, and other assistance 

are available to individuals with developmental disabilities and 

their families, and the extent of unmet needs for services, 

supports, and other assistance for those individuals and their 

families, in the State. The results of the comprehensive review 

and analysis shall include— 

(A) a description of the services, supports, and other 

assistance being provided to individuals with developmental disabilities and their families under other federally 

assisted State programs, plans, and policies under which 

the State operates and in which individuals with developmental disabilities are or may be eligible to participate, 

including particularly programs relating to the areas of 

emphasis, including— 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1697
 

(i) medical assistance, maternal and child health 

care, services for children with special health care 

needs, children’s mental health services, comprehensive health and mental health services, and institutional care options; 

(ii) job training, job placement, worksite accommodation, and vocational rehabilitation, and other work 

assistance programs; and 

(iii) social, child welfare, aging, independent living, 

and rehabilitation and assistive technology services, 

and such other services as the Secretary may specify; 

(B) a description of the extent to which agencies operating such other federally assisted State programs, 

including activities authorized under section 101 or 102 

of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 

3012), pursue interagency initiatives to improve and 

enhance community services, individualized supports, and 

other forms of assistance for individuals with developmental disabilities; 

(C) an analysis of the extent to which community services and opportunities related to the areas of emphasis 

directly benefit individuals with developmental disabilities, 

especially with regard to their ability to access and use 

services provided in their communities, to participate in 

opportunities, activities, and events offered in their communities, and to contribute to community life, identifying 

particularly— 

(i) the degree of support for individuals with 

developmental disabilities that are attributable to 

either physical impairment, mental impairment, or a 

combination of physical and mental impairments; 

(ii) criteria for eligibility for services, including 

specialized services and special adaptation of generic 

services provided by agencies within the State, that 

may exclude individuals with developmental disabilities from receiving services described in this clause; 

(iii) the barriers that impede full participation of 

members of unserved and underserved groups of 

individuals with developmental disabilities and their 

families; 

(iv) the availability of assistive technology, 

assistive technology services, or rehabilitation technology, or information about assistive technology, 

assistive technology services, or rehabilitation technology to individuals with developmental disabilities; 

(v) the numbers of individuals with developmental 

disabilities on waiting lists for services described in 

this subparagraph; 

(vi) a description of the adequacy of current 

resources and projected availability of future resources 

to fund services described in this subparagraph; 

(vii) a description of the adequacy of health care 

and other services, supports, and assistance that 

individuals with developmental disabilities who are 

in facilities receive (based in part on each independent 

review (pursuant to section 1902(a)(30)(C) of the Social 

114 STAT. 1698
 PUBLIC LAW 106–402—OCT. 30, 2000 

Security Act (42 U.S.C. 1396a(a)(30)(C))) of an Intermediate Care Facility (Mental Retardation) within the 

State, which the State shall provide to the Council 

not later than 30 days after the availability of the 

review); and 

(viii) to the extent that information is available, 

a description of the adequacy of health care and other 

services, supports, and assistance that individuals with 

developmental disabilities who are served through 

home and community-based waivers (authorized under 

section 1915(c) of the Social Security Act (42 U.S.C. 

1396n(c))) receive; 

(D) a description of how entities funded under subtitles 

C and D, through interagency agreements or other mechanisms, collaborated with the entity funded under this subtitle in the State, each other, and other entities to contribute to the achievement of the purpose of this subtitle; 

and 

(E) the rationale for the goals related to advocacy, 

capacity building, and systemic change to be undertaken 

by the Council to contribute to the achievement of the 

purpose of this subtitle. 

(4) PLAN GOALS.—The plan shall focus on Council efforts 

to bring about the purpose of this subtitle, by— 

(A) specifying 5-year goals, as developed through data 

driven strategic planning, for advocacy, capacity building, 

and systemic change related to the areas of emphasis, 

to be undertaken by the Council, that— 

(i) are derived from the unmet needs of individuals 

with developmental disabilities and their families 

identified under paragraph (3); and 

(ii) include a goal, for each year of the grant, 

to— 

(I) establish or strengthen a program for the 

direct funding of a State self-advocacy organization 

led by individuals with developmental disabilities; 

(II) support opportunities for individuals with 

developmental disabilities who are considered 

leaders to provide leadership training to individuals with developmental disabilities who may 

become leaders; and 

(III) support and expand participation of 

individuals with developmental disabilities in 

cross-disability and culturally diverse leadership 

coalitions; and 

(B) for each year of the grant, describing— 

(i) the goals to be achieved through the grant, 

which, beginning in fiscal year 2002, shall be consistent 

with applicable indicators of progress described in section 104(a)(3); 

(ii) the strategies to be used in achieving each 

goal; and 

(iii) the method to be used to determine if each 

goal has been achieved. 

(5) ASSURANCES.— 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1699
 

(A) IN GENERAL.—The plan shall contain or be supported by assurances and information described in subparagraphs (B) through (N) that are satisfactory to the Secretary. 

(B) USE OF FUNDS.—With respect to the funds paid 

to the State under section 122, the plan shall provide 

assurances that— 

(i) not less than 70 percent of such funds will 

be expended for activities related to the goals described 

in paragraph (4); 

(ii) such funds will contribute to the achievement 

of the purpose of this subtitle in various political subdivisions of the State; 

(iii) such funds will be used to supplement, and 

not supplant, the non-Federal funds that would otherwise be made available for the purposes for which 

the funds paid under section 122 are provided; 

(iv) such funds will be used to complement and 

augment rather than duplicate or replace services for 

individuals with developmental disabilities and their 

families who are eligible for Federal assistance under 

other State programs; 

(v) part of such funds will be made available by 

the State to public or private entities; 

(vi) at the request of any State, a portion of such 

funds provided to such State under this subtitle for 

any fiscal year shall be available to pay up to 1⁄2 

(or the entire amount if the Council is the designated 

State agency) of the expenditures found to be necessary 

by the Secretary for the proper and efficient exercise 

of the functions of the designated State agency, except 

that not more than 5 percent of such funds provided 

to such State for any fiscal year, or $50,000, whichever 

is less, shall be made available for total expenditures 

for such purpose by the designated State agency; and 

(vii) not more than 20 percent of such funds will 

be allocated to the designated State agency for service 

demonstrations by such agency that— 

(I) contribute to the achievement of the purpose of this subtitle; and 

(II) are explicitly authorized by the Council. 

(C) STATE FINANCIAL PARTICIPATION.—The plan shall 

provide assurances that there will be reasonable State 

financial participation in the cost of carrying out the plan. 

(D) CONFLICT OF INTEREST.—The plan shall provide 

an assurance that no member of such Council will cast 

a vote on any matter that would provide direct financial 

benefit to the member or otherwise give the appearance 

of a conflict of interest. 

(E) URBAN AND RURAL POVERTY AREAS.—The plan shall 

provide assurances that special financial and technical 

assistance will be given to organizations that provide 

community services, individualized supports, and other 

forms of assistance to individuals with developmental 

disabilities who live in areas designated as urban or rural 

poverty areas. 

114 STAT. 1700
 PUBLIC LAW 106–402—OCT. 30, 2000 

(F) PROGRAM ACCESSIBILITY STANDARDS.—The plan 

shall provide assurances that programs, projects, and 

activities funded under the plan, and the buildings in which 

such programs, projects, and activities are operated, will 

meet standards prescribed by the Secretary in regulations 

and all applicable Federal and State accessibility standards, including accessibility requirements of the Americans 

with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), 

section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 

794d), and the Fair Housing Act (42 U.S.C. 3601 et seq.). 

(G) INDIVIDUALIZED SERVICES.—The plan shall provide 

assurances that any direct services provided to individuals 

with developmental disabilities and funded under the plan 

will be provided in an individualized manner, consistent 

with the unique strengths, resources, priorities, concerns, 

abilities, and capabilities of such individual. 

(H) HUMAN RIGHTS.—The plan shall provide assurances 

that the human rights of the individuals with developmental disabilities (especially individuals without familial 

protection) who are receiving services under programs 

assisted under this subtitle will be protected consistent 

with section 109 (relating to rights of individuals with 

developmental disabilities). 

(I) MINORITY PARTICIPATION.—The plan shall provide 

assurances that the State has taken affirmative steps to 

assure that participation in programs funded under this 

subtitle is geographically representative of the State, and 

reflects the diversity of the State with respect to race 

and ethnicity. 

(J) EMPLOYEE PROTECTIONS.—The plan shall provide 

assurances that fair and equitable arrangements (as determined by the Secretary after consultation with the Secretary of Labor) will be provided to protect the interests 

of employees affected by actions taken under the plan 

to provide community living activities, including arrangements designed to preserve employee rights and benefits 

and provide training and retraining of such employees 

where necessary, and arrangements under which maximum 

efforts will be made to guarantee the employment of such 

employees. 

(K) STAFF ASSIGNMENTS.—The plan shall provide assurances that the staff and other personnel of the Council, 

while working for the Council, will be responsible solely 

for assisting the Council in carrying out the duties of 

the Council under this subtitle and will not be assigned 

duties by the designated State agency, or any other agency, 

office, or entity of the State. 

(L) NONINTERFERENCE.—The plan shall provide assurances that the designated State agency, and any other 

agency, office, or entity of the State, will not interfere 

with the advocacy, capacity building, and systemic change 

activities, budget, personnel, State plan development, or 

plan implementation of the Council, except that the designated State agency shall have the authority necessary 

to carry out the responsibilities described in section 

125(d)(3). 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1701
 

(M) STATE QUALITY ASSURANCE.—The plan shall provide assurances that the Council will participate in the 

planning, design or redesign, and monitoring of State 

quality assurance systems that affect individuals with 

developmental disabilities. 

(N) OTHER ASSURANCES.—The plan shall contain such 

additional information and assurances as the Secretary 

may find necessary to carry out the provisions (including 

the purpose) of this subtitle. 

(d) PUBLIC INPUT AND REVIEW, SUBMISSION, AND APPROVAL.— 

(1) PUBLIC INPUT AND REVIEW.—The plan shall be based 

on public input. The Council shall make the plan available 

for public review and comment, after providing appropriate 

and sufficient notice in accessible formats of the opportunity 

for such review and comment. The Council shall revise the 

plan to take into account and respond to significant comments. 

(2) CONSULTATION WITH THE DESIGNATED STATE AGENCY.— 

Before the plan is submitted to the Secretary, the Council 

shall consult with the designated State agency to ensure that 

the State plan is consistent with State law and to obtain 

appropriate State plan assurances. 

(3) PLAN APPROVAL.—The Secretary shall approve any State 

plan and, as appropriate, amendments of such plan that comply 

with the provisions of subsections (a), (b), and (c) and this 

subsection. The Secretary may take final action to disapprove 

a State plan after providing reasonable notice and an opportunity for a hearing to the State. 

SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABILITIES AND 

DESIGNATED STATE AGENCIES. 

(a) IN GENERAL.—Each State that receives assistance under 

this subtitle shall establish and maintain a Council to undertake 

advocacy, capacity building, and systemic change activities (consistent with subsections (b) and (c) of section 101) that contribute 

to a coordinated, consumer- and family-centered, consumer- and 

family-directed, comprehensive system of community services, 

individualized supports, and other forms of assistance that contribute to the achievement of the purpose of this subtitle. The 

Council shall have the authority to fulfill the responsibilities 

described in subsection (c). 

(b) COUNCIL MEMBERSHIP.— 

(1) COUNCIL APPOINTMENTS.— 

(A) IN GENERAL.—The members of the Council of a 

State shall be appointed by the Governor of the State 

from among the residents of that State. 

(B) RECOMMENDATIONS.—The Governor shall select 

members of the Council, at the discretion of the Governor, 

after soliciting recommendations from organizations representing a broad range of individuals with developmental 

disabilities and individuals interested in individuals with 

developmental disabilities, including the non-State agency 

members of the Council. The Council may, at the initiative 

of the Council, or on the request of the Governor, coordinate 

Council and public input to the Governor regarding all 

recommendations. 

(C) REPRESENTATION.—The membership of the Council 

shall be geographically representative of the State and 

42 USC 15025. 

114 STAT. 1702
 PUBLIC LAW 106–402—OCT. 30, 2000 

reflect the diversity of the State with respect to race and 

ethnicity. 

(2) MEMBERSHIP ROTATION.—The Governor shall make 

appropriate provisions to rotate the membership of the Council. 

Such provisions shall allow members to continue to serve on 

the Council until such members’ successors are appointed. The 

Council shall notify the Governor regarding membership 

requirements of the Council, and shall notify the Governor 

when vacancies on the Council remain unfilled for a significant 

period of time. 

(3) REPRESENTATION OF INDIVIDUALS WITH DEVELOPMENTAL 

DISABILITIES.—Not less than 60 percent of the membership 

of each Council shall consist of individuals who are— 

(A)(i) individuals with developmental disabilities; 

(ii) parents or guardians of children with developmental disabilities; or 

(iii) immediate relatives or guardians of adults with 

mentally impairing developmental disabilities who cannot 

advocate for themselves; and 

(B) not employees of a State agency that receives funds 

or provides services under this subtitle, and who are not 

managing employees (as defined in section 1126(b) of the 

Social Security Act (42 U.S.C. 1320a–5(b)) of any other 

entity that receives funds or provides services under this 

subtitle. 

(4) REPRESENTATION OF AGENCIES AND ORGANIZATIONS.— 

(A) IN GENERAL.—Each Council shall include— 

(i) representatives of relevant State entities, 

including— 

(I) State entities that administer funds provided under Federal laws related to individuals 

with disabilities, including the Rehabilitation Act 

of 1973 (29 U.S.C. 701 et seq.), the Individuals 

with Disabilities Education Act (20 U.S.C. 1400 

et seq.), the Older Americans Act of 1965 (42 

U.S.C. 3001 et seq.), and titles V and XIX of the 

Social Security Act (42 U.S.C. 701 et seq. and 

1396 et seq.); 

(II) Centers in the State; and 

(III) the State protection and advocacy system; 

and 

(ii) representatives, at all times, of local and nongovernmental agencies, and private nonprofit groups 

concerned with services for individuals with developmental disabilities in the State in which such agencies 

and groups are located. 

(B) AUTHORITY AND LIMITATIONS.—The representatives 

described in subparagraph (A) shall— 

(i) have sufficient authority to engage in policy 

planning and implementation on behalf of the department, agency, or program such representatives represent; and 

(ii) recuse themselves from any discussion of 

grants or contracts for which such representatives’ 

departments, agencies, or programs are grantees, contractors, or applicants and comply with the conflict 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1703
 

of interest assurance requirement under section 

124(c)(5)(D). 

(5) COMPOSITION OF MEMBERSHIP WITH DEVELOPMENTAL 

DISABILITIES.—Of the members of the Council described in paragraph (3)— 

(A) 1⁄3 shall be individuals with developmental disabilities described in paragraph (3)(A)(i); 

(B) 1⁄3 shall be parents or guardians of children with 

developmental disabilities described in paragraph (3)(A)(ii), 

or immediate relatives or guardians of adults with developmental disabilities described in paragraph (3)(A)(iii); and 

(C) 1⁄3 shall be a combination of individuals described 

in paragraph (3)(A). 

(6) INSTITUTIONALIZED INDIVIDUALS.— 

(A) IN GENERAL.—Of the members of the Council 

described in paragraph (5), at least 1 shall be an immediate 

relative or guardian of an individual with a developmental 

disability who resides or previously resided in an institution 

or shall be an individual with a developmental disability 

who resides or previously resided in an institution. 

(B) LIMITATION.—Subparagraph (A) shall not apply 

with respect to a State if such an individual does not 

reside in that State. 

(c) COUNCIL RESPONSIBILITIES.— 

(1) IN GENERAL.—A Council, through Council members, 

staff, consultants, contractors, or subgrantees, shall have the 

responsibilities described in paragraphs (2) through (10). 

(2) ADVOCACY, CAPACITY BUILDING, AND SYSTEMIC CHANGE 

ACTIVITIES.—The Council shall serve as an advocate for individuals with developmental disabilities and conduct or support 

programs, projects, and activities that carry out the purpose 

of this subtitle. 

(3) EXAMINATION OF GOALS.—At the end of each grant 

year, each Council shall— 

(A) determine the extent to which each goal of the 

Council was achieved for that year; 

(B) determine to the extent that each goal was not 

achieved, the factors that impeded the achievement; 

(C) determine needs that require amendment of the 

5-year strategic State plan required under section 124; 

(D) separately determine the information on the selfadvocacy goal described in section 124(c)(4)(A)(ii); and 

(E) determine customer satisfaction with Council supported or conducted activities. 

(4) STATE PLAN DEVELOPMENT.—The Council shall develop 

the State plan and submit the State plan to the Secretary 

after consultation with the designated State agency under the 

State plan. Such consultation shall be solely for the purposes 

of obtaining State assurances and ensuring consistency of the 

plan with State law. 

(5) STATE PLAN IMPLEMENTATION.— 

(A) IN GENERAL.—The Council shall implement the 

State plan by conducting and supporting advocacy, capacity 

building, and systemic change activities such as those 

described in subparagraphs (B) through (L). 

114 STAT. 1704
 PUBLIC LAW 106–402—OCT. 30, 2000 

(B) OUTREACH.—The Council may support and conduct 

outreach activities to identify individuals with developmental disabilities and their families who otherwise might 

not come to the attention of the Council and assist and 

enable the individuals and families to obtain services, 

individualized supports, and other forms of assistance, 

including access to special adaptation of generic community 

services or specialized services. 

(C) TRAINING.—The Council may support and conduct 

training for persons who are individuals with developmental disabilities, their families, and personnel (including 

professionals, paraprofessionals, students, volunteers, and 

other community members) to enable such persons to 

obtain access to, or to provide, community services, individualized supports, and other forms of assistance, including 

special adaptation of generic community services or specialized services for individuals with developmental disabilities 

and their families. To the extent that the Council supports 

or conducts training activities under this subparagraph, 

such activities shall contribute to the achievement of the 

purpose of this subtitle. 

(D) TECHNICAL ASSISTANCE.—The Council may support 

and conduct technical assistance activities to assist public 

and private entities to contribute to the achievement of 

the purpose of this subtitle. 

(E) SUPPORTING AND EDUCATING COMMUNITIES.—The 

Council may support and conduct activities to assist 

neighborhoods and communities to respond positively to 

individuals with developmental disabilities and their 

families— 

(i) by encouraging local networks to provide 

informal and formal supports; 

(ii) through education; and 

(iii) by enabling neighborhoods and communities 

to offer such individuals and their families access to 

and use of services, resources, and opportunities. 

(F) INTERAGENCY COLLABORATION AND COORDINATION.—The Council may support and conduct activities to 

promote interagency collaboration and coordination to 

better serve, support, assist, or advocate for individuals 

with developmental disabilities and their families. 

(G) COORDINATION WITH RELATED COUNCILS, COMMITTEES, AND PROGRAMS.—The Council may support and conduct activities to enhance coordination of services with— 

(i) other councils, entities, or committees, authorized by Federal or State law, concerning individuals 

with disabilities (such as the State interagency coordinating council established under subtitle C of the 

Individuals with Disabilities Education Act (20 U.S.C. 

1431 et seq.), the State Rehabilitation Council and 

the Statewide Independent Living Council established 

under the Rehabilitation Act of 1973 (29 U.S.C. 701 

et seq.), the State mental health planning council 

established under subtitle B of title XIX of the Public 

Health Service Act (42 U.S.C. 300x–1 et seq.), and 

the activities authorized under section 101 or 102 of 

the Assistive Technology Act of 1998 (29 U.S.C. 3011, 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1705
 

3012), and entities carrying out other similar councils, 

entities, or committees); 

(ii) parent training and information centers under 

part D of the Individuals with Disabilities Education 

Act (20 U.S.C. 1451 et seq.) and other entities carrying 

out federally funded projects that assist parents of 

children with disabilities; and 

(iii) other groups interested in advocacy, capacity 

building, and systemic change activities to benefit 

individuals with disabilities. 

(H) BARRIER ELIMINATION, SYSTEMS DESIGN AND 

REDESIGN.—The Council may support and conduct activities 

to eliminate barriers to access and use of community services by individuals with developmental disabilities, enhance 

systems design and redesign, and enhance citizen participation to address issues identified in the State plan. 

(I) COALITION DEVELOPMENT AND CITIZEN PARTICIPATION.—The Council may support and conduct activities to 

educate the public about the capabilities, preferences, and 

needs of individuals with developmental disabilities and 

their families and to develop and support coalitions that 

support the policy agenda of the Council, including training 

in self-advocacy, education of policymakers, and citizen 

leadership skills. 

(J) INFORMING POLICYMAKERS.—The Council may support and conduct activities to provide information to policymakers by supporting and conducting studies and analyses, 

gathering information, and developing and disseminating 

model policies and procedures, information, approaches, 

strategies, findings, conclusions, and recommendations. The 

Council may provide the information directly to Federal, 

State, and local policymakers, including Congress, the Federal executive branch, the Governors, State legislatures, 

and State agencies, in order to increase the ability of such 

policymakers to offer opportunities and to enhance or adapt 

generic services to meet the needs of, or provide specialized 

services to, individuals with developmental disabilities and 

their families. 

(K) DEMONSTRATION OF NEW APPROACHES TO SERVICES 

AND SUPPORTS.— 

(i) IN GENERAL.—The Council may support and 

conduct, on a time-limited basis, activities to demonstrate new approaches to serving individuals with 

developmental disabilities that are a part of an overall 

strategy for systemic change. The strategy may involve 

the education of policymakers and the public about 

how to deliver effectively, to individuals with developmental disabilities and their families, services, supports, and assistance that contribute to the achievement of the purpose of this subtitle. 

(ii) SOURCES OF FUNDING.—The Council may carry 

out this subparagraph by supporting and conducting 

demonstration activities through sources of funding 

other than funding provided under this subtitle, and 

by assisting entities conducting demonstration activities to develop strategies for securing funding from 

other sources. 

114 STAT. 1706
 PUBLIC LAW 106–402—OCT. 30, 2000 

(L) OTHER ACTIVITIES.—The Council may support and 

conduct other advocacy, capacity building, and systemic 

change activities to promote the development of a coordinated, consumer- and family-centered, consumer- and 

family-directed, comprehensive system of community services, individualized supports, and other forms of assistance 

that contribute to the achievement of the purpose of this 

subtitle. 

(6) REVIEW OF DESIGNATED STATE AGENCY.—The Council 

shall periodically review the designated State agency and activities carried out under this subtitle by the designated State 

agency and make any recommendations for change to the Governor. 

(7) REPORTS.—Beginning in fiscal year 2002, the Council 

shall annually prepare and transmit to the Secretary a report. 

Each report shall be in a form prescribed by the Secretary 

by regulation under section 104(b). Each report shall contain 

information about the progress made by the Council in 

achieving the goals of the Council (as specified in section 

124(c)(4)), including— 

(A) a description of the extent to which the goals were 

achieved; 

(B) a description of the strategies that contributed 

to achieving the goals; 

(C) to the extent to which the goals were not achieved, 

a description of factors that impeded the achievement; 

(D) separate information on the self-advocacy goal 

described in section 124(c)(4)(A)(ii); 

(E)(i) as appropriate, an update on the results of the 

comprehensive review and analysis described in section 

124(c)(3); and 

(ii) information on consumer satisfaction with Council 

supported or conducted activities; 

(F)(i) a description of the adequacy of health care and 

other services, supports, and assistance that individuals 

with developmental disabilities in Intermediate Care Facilities (Mental Retardation) receive; and 

(ii) a description of the adequacy of health care and 

other services, supports, and assistance that individuals 

with developmental disabilities served through home and 

community-based waivers (authorized under section 1915(c) 

of the Social Security Act (42 U.S.C. 1396n(c)) receive; 

(G) an accounting of the manner in which funds paid 

to the State under this subtitle for a fiscal year were 

expended; 

(H) a description of— 

(i) resources made available to carry out activities 

to assist individuals with developmental disabilities 

that are directly attributable to Council actions; and 

(ii) resources made available for such activities 

that are undertaken by the Council in collaboration 

with other entities; and 

(I) a description of the method by which the Council 

will widely disseminate the annual report to affected 

constituencies and the general public and will assure that 

the report is available in accessible formats. 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1707
 

(8) BUDGET.—Each Council shall prepare, approve, and 

implement a budget using amounts paid to the State under 

this subtitle to fund and implement all programs, projects, 

and activities carried out under this subtitle, including— 

(A)(i) conducting such hearings and forums as the 

Council may determine to be necessary to carry out the 

duties of the Council; and 

(ii) as determined in Council policy— 

(I) reimbursing members of the Council for reasonable and necessary expenses (including expenses for 

child care and personal assistance services) for 

attending Council meetings and performing Council 

duties; 

(II) paying a stipend to a member of the Council, 

if such member is not employed or must forfeit wages 

from other employment, to attend Council meetings 

and perform other Council duties; 

(III) supporting Council member and staff travel 

to authorized training and technical assistance activities including in-service training and leadership 

development activities; and 

(IV) carrying out appropriate subcontracting activities; 

(B) hiring and maintaining such numbers and types 

of staff (qualified by training and experience) and obtaining 

the services of such professional, consulting, technical, and 

clerical staff (qualified by training and experience), consistent with State law, as the Council determines to be 

necessary to carry out the functions of the Council under 

this subtitle, except that such State shall not apply hiring 

freezes, reductions in force, prohibitions on travel, or other 

policies to the staff of the Council, to the extent that 

such policies would impact the staff or functions funded 

with Federal funds, or would prevent the Council from 

carrying out the functions of the Council under this subtitle; and 

(C) directing the expenditure of funds for grants, contracts, interagency agreements that are binding contracts, 

and other activities authorized by the State plan approved 

under section 124. 

(9) STAFF HIRING AND SUPERVISION.—The Council shall, 

consistent with State law, recruit and hire a Director of the 

Council, should the position of Director become vacant, and 

supervise and annually evaluate the Director. The Director 

shall hire, supervise, and annually evaluate the staff of the 

Council. Council recruitment, hiring, and dismissal of staff 

shall be conducted in a manner consistent with Federal and 

State nondiscrimination laws. Dismissal of personnel shall be 

conducted in a manner consistent with State law and personnel 

policies. 

(10) STAFF ASSIGNMENTS.—The staff of the Council, while 

working for the Council, shall be responsible solely for assisting 

the Council in carrying out the duties of the Council under 

this subtitle and shall not be assigned duties by the designated 

State agency or any other agency or entity of the State. 

(11) CONSTRUCTION.—Nothing in this title shall be construed to authorize a Council to direct, control, or exercise 

114 STAT. 1708
 PUBLIC LAW 106–402—OCT. 30, 2000 

any policymaking authority or administrative authority over 

any program assisted under the Rehabilitation Act of 1973 

(29 U.S.C. 701 et seq.) or the Individuals with Disabilities 

Education Act (20 U.S.C. 1400 et seq.). 

(d) DESIGNATED STATE AGENCY.— 

(1) IN GENERAL.—Each State that receives assistance under 

this subtitle shall designate a State agency that shall, on behalf 

of the State, provide support to the Council. After the date 

of enactment of the Developmental Disabilities Assistance and 

Bill of Rights Act Amendments of 1994 (Public Law 103–230), 

any designation of a State agency under this paragraph shall 

be made in accordance with the requirements of this subsection. 

(2) DESIGNATION.— 

(A) TYPE OF AGENCY.—Except as provided in this subsection, the designated State agency shall be— 

(i) the Council if such Council may be the designated State agency under the laws of the State; 

(ii) a State agency that does not provide or pay 

for services for individuals with developmental disabilities; or 

(iii) a State office, including the immediate office 

of the Governor of the State or a State planning office. 

(B) CONDITIONS FOR CONTINUATION OF STATE SERVICE 

AGENCY DESIGNATION.— 

(i) DESIGNATION BEFORE ENACTMENT.—If a State 

agency that provides or pays for services for individuals 

with developmental disabilities was a designated State 

agency for purposes of part B of the Developmental 

Disabilities Assistance and Bill of Rights Act on the 

date of enactment of the Developmental Disabilities 

Assistance and Bill of Rights Act Amendments of 1994, 

and the Governor of the State (or the legislature, where 

appropriate and in accordance with State law) determines prior to June 30, 1994, not to change the designation of such agency, such agency may continue 

to be a designated State agency for purposes of this 

subtitle. 

(ii) CRITERIA FOR CONTINUED DESIGNATION.—The 

determination, at the discretion of the Governor (or 

the legislature, as the case may be), shall be made 

after— 

(I) the Governor has considered the comments 

and recommendations of the general public and 

a majority of the non-State agency members of 

the Council with respect to the designation of such 

State agency; and 

(II) the Governor (or the legislature, as the 

case may be) has made an independent assessment 

that the designation of such agency will not interfere with the budget, personnel, priorities, or other 

action of the Council, and the ability of the Council 

to serve as an independent advocate for individuals 

with developmental disabilities. 

(C) REVIEW OF DESIGNATION.—The Council may request 

a review of and change in the designation of the designated 

State agency by the Governor (or the legislature, as the 

case may be). The Council shall provide documentation 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1709
 

concerning the reason the Council desires a change to 

be made and make a recommendation to the Governor 

(or the legislature, as the case may be) regarding a preferred designated State agency. 

(D) APPEAL OF DESIGNATION.—After the review is completed under subparagraph (C), a majority of the nonState agency members of the Council may appeal to the 

Secretary for a review of and change in the designation 

of the designated State agency if the ability of the Council 

to serve as an independent advocate is not assured because 

of the actions or inactions of the designated State agency. 

(3) RESPONSIBILITIES.— 

(A) IN GENERAL.—The designated State agency shall, 

on behalf of the State, have the responsibilities described 

in subparagraphs (B) through (G). 

(B) SUPPORT SERVICES.—The designated State agency 

shall provide required assurances and support services as 

requested by and negotiated with the Council. 

(C) FISCAL RESPONSIBILITIES.—The designated State 

agency shall— 

(i) receive, account for, and disburse funds under 

this subtitle based on the State plan required in section 

124; and 

(ii) provide for such fiscal control and fund 

accounting procedures as may be necessary to assure 

the proper disbursement of, and accounting for, funds 

paid to the State under this subtitle. 

(D) RECORDS, ACCESS, AND FINANCIAL REPORTS.—The 

designated State agency shall keep and provide access to 

such records as the Secretary and the Council may determine to be necessary. The designated State agency, if other 

than the Council, shall provide timely financial reports 

at the request of the Council regarding the status of 

expenditures, obligations, and liquidation by the agency 

or the Council, and the use of the Federal and non-Federal 

shares described in section 126, by the agency or the 

Council. 

(E) NON-FEDERAL SHARE.—The designated State 

agency, if other than the Council, shall provide the required 

non-Federal share described in section 126(c). 

(F) ASSURANCES.—The designated State agency shall 

assist the Council in obtaining the appropriate State plan 

assurances and in ensuring that the plan is consistent 

with State law. 

(G) MEMORANDUM OF UNDERSTANDING.—On the 

request of the Council, the designated State agency shall 

enter into a memorandum of understanding with the 

Council delineating the roles and responsibilities of the 

designated State agency. 

(4) USE OF FUNDS FOR DESIGNATED STATE AGENCY RESPONSIBILITIES.— 

(A) CONDITION FOR FEDERAL FUNDING.— 

(i) IN GENERAL.—The Secretary shall provide 

amounts to a State under section 124(c)(5)(B)(vi) for 

a fiscal year only if the State expends an amount 

from State sources for carrying out the responsibilities 

of the designated State agency under paragraph (3) 

114 STAT. 1710 PUBLIC LAW 106–402—OCT. 30, 2000
 

42 USC 15026. 

for the fiscal year that is not less than the total amount 

the State expended from such sources for carrying 

out similar responsibilities for the previous fiscal year. 

(ii) EXCEPTION.—Clause (i) shall not apply in a 

year in which the Council is the designated State 

agency. 

(B) SUPPORT SERVICES PROVIDED BY OTHER AGENCIES.— 

With the agreement of the designated State agency, the 

Council may use or contract with agencies other than the 

designated State agency to perform the functions of the 

designated State agency. 

SEC. 126. FEDERAL AND NON-FEDERAL SHARE. 

(a) AGGREGATE COST.— 

(1) IN GENERAL.—Except as provided in paragraphs (2) 

and (3), the Federal share of the cost of all projects in a 

State supported by an allotment to the State under this subtitle 

may not be more than 75 percent of the aggregate necessary 

cost of such projects, as determined by the Secretary. 

(2) URBAN OR RURAL POVERTY AREAS.—In the case of 

projects whose activities or products target individuals with 

developmental disabilities who live in urban or rural poverty 

areas, as determined by the Secretary, the Federal share of 

the cost of all such projects may not be more than 90 percent 

of the aggregate necessary cost of such projects, as determined 

by the Secretary. 

(3) STATE PLAN ACTIVITIES.—In the case of projects undertaken by the Council or Council staff to implement State plan 

activities, the Federal share of the cost of all such projects 

may be not more than 100 percent of the aggregate necessary 

cost of such activities. 

(b) NONDUPLICATION.—In determining the amount of any 

State’s Federal share of the cost of such projects incurred by such 

State under a State plan approved under section 124, the Secretary 

shall not consider— 

(1) any portion of such cost that is financed by Federal 

funds provided under any provision of law other than section 

122; and 

(2) the amount of any non-Federal funds required to be 

expended as a condition of receipt of the Federal funds described 

in paragraph (1). 

(c) NON-FEDERAL SHARE.— 

(1) IN-KIND CONTRIBUTIONS.—The non-Federal share of the 

cost of any project supported by an allotment under this subtitle 

may be provided in cash or in kind, fairly evaluated, including 

plant, equipment, or services. 

(2) CONTRIBUTIONS OF POLITICAL SUBDIVISIONS AND PUBLIC 

OR PRIVATE ENTITIES.— 

(A) IN GENERAL.—Contributions to projects by a political subdivision of a State or by a public or private entity 

under an agreement with the State shall, subject to such 

limitations and conditions as the Secretary may by regulation prescribe under section 104(b), be considered to be 

contributions by such State, in the case of a project supported under this subtitle. 

(B) STATE CONTRIBUTIONS.—State contributions, 

including contributions by the designated State agency to 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1711
 

provide support services to the Council pursuant to section 

125(d)(4), may be counted as part of such State’s nonFederal share of the cost of projects supported under this 

subtitle. 

(3) VARIATIONS OF THE NON-FEDERAL SHARE.—The nonFederal share required of each recipient of a grant from a 

Council under this subtitle may vary. 

SEC. 127.WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION, AND SERVICES. 

Whenever the Secretary, after providing reasonable notice and 

an opportunity for a hearing to the Council and the designated 

State agency, finds that— 

(1) the Council or agency has failed to comply substantially 

with any of the provisions required by section 124 to be included 

in the State plan, particularly provisions required by paragraphs (4)(A) and (5)(B)(vii) of section 124(c), or with any of 

the provisions required by section 125(b)(3); or 

(2) the Council or agency has failed to comply substantially 

with any regulations of the Secretary that are applicable to 

this subtitle, 

the Secretary shall notify such Council and agency that the Secretary will not make further payments to the State under section 

122 (or, in the discretion of the Secretary, that further payments 

to the State under section 122 for activities for which there is 

such failure), until the Secretary is satisfied that there will no 

longer be such failure. Until the Secretary is so satisfied, the 

Secretary shall make no further payments to the State under section 

122, or shall limit further payments under section 122 to such 

State to activities for which there is no such failure. 

SEC. 128. APPEALS BY STATES. 

(a) APPEAL.—If any State is dissatisfied with the Secretary’s 

action under section 124(d)(3) or 127, such State may appeal to 

the United States court of appeals for the circuit in which such 

State is located, by filing a petition with such court not later 

than 60 days after such action. 

(b) FILING.—The clerk of the court shall transmit promptly 

a copy of the petition to the Secretary, or any officer designated 

by the Secretary for that purpose. The Secretary shall file promptly 

with the court the record of the proceedings on which the Secretary 

based the action, as provided in section 2112 of title 28, United 

States Code. 

(c) JURISDICTION.—Upon the filing of the petition, the court 

shall have jurisdiction to affirm the action of the Secretary or 

to set the action aside, in whole or in part, temporarily or permanently. Until the filing of the record, the Secretary may modify 

or set aside the order of the Secretary relating to the action. 

(d) FINDINGS AND REMAND.—The findings of the Secretary about 

the facts, if supported by substantial evidence, shall be conclusive, 

but the court, for good cause shown, may remand the case involved 

to the Secretary for further proceedings to take further evidence. 

On remand, the Secretary may make new or modified findings 

of fact and may modify the previous action of the Secretary, and 

shall file with the court the record of the further proceedings. 

Such new or modified findings of fact shall likewise be conclusive 

if supported by substantial evidence. 

42 USC 15027. 

42 USC 15028. 

114 STAT. 1712 PUBLIC LAW 106–402—OCT. 30, 2000
 

42 USC 15029. 

42 USC 15041. 

42 USC 15042. 

(e) FINALITY.—The judgment of the court affirming or setting 

aside, in whole or in part, any action of the Secretary shall be 

final, subject to review by the Supreme Court of the United States 

upon certiorari or certification as provided in section 1254 of title 

28, United States Code. 

(f) EFFECT.—The commencement of proceedings under this section shall not, unless so specifically ordered by a court, operate 

as a stay of the Secretary’s action. 

SEC. 129.AUTHORIZATION OF APPROPRIATIONS. 

(a) FUNDING FOR STATE ALLOTMENTS.—Except as described in 

subsection (b), there are authorized to be appropriated for allotments under section 122 $76,000,000 for fiscal year 2001 and such 

sums as may be necessary for each of fiscal years 2002 through 

2007. 

(b) RESERVATION FOR TECHNICAL ASSISTANCE.— 

(1) LOWER APPROPRIATION YEARS.—For any fiscal year for 

which the amount appropriated under subsection (a) is less 

than $76,000,000, the Secretary shall reserve funds in accordance with section 163(c) to provide technical assistance to entities funded under this subtitle. 

(2) HIGHER APPROPRIATION YEARS.—For any fiscal year for 

which the amount appropriated under subsection (a) is not 

less than $76,000,000, the Secretary shall reserve not less 

than $300,000 and not more than 1 percent of the amount 

appropriated under subsection (a) to provide technical assistance to entities funded under this subtitle. 

Subtitle C—Protection and Advocacy of 

Individual Rights 

SEC. 141. PURPOSE. 

The purpose of this subtitle is to provide for allotments to 

support a protection and advocacy system (referred to in this subtitle as a ‘‘system’’) in each State to protect the legal and human 

rights of individuals with developmental disabilities in accordance 

with this subtitle. 

SEC. 142. ALLOTMENTS AND PAYMENTS. 

(a) ALLOTMENTS.— 

(1) IN GENERAL.—To assist States in meeting the requirements of section 143(a), the Secretary shall allot to the States 

the amounts appropriated under section 145 and not reserved 

under paragraph (6). Allotments and reallotments of such sums 

shall be made on the same basis as the allotments and reallotments are made under subsections (a)(1)(A) and (e) of section 

122, except as provided in paragraph (2). 

(2) MINIMUM ALLOTMENTS.—In any case in which— 

(A) the total amount appropriated under section 145 

for a fiscal year is not less than $20,000,000, the allotment 

under paragraph (1) for such fiscal year— 

(i) to each of American Samoa, Guam, the United 

States Virgin Islands, and the Commonwealth of the 

Northern Mariana Islands may not be less than 

$107,000; and 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1713
 

(ii) to any State not described in clause (i) may 

not be less than $200,000; or 

(B) the total amount appropriated under section 145 

for a fiscal year is less than $20,000,000, the allotment 

under paragraph (1) for such fiscal year— 

(i) to each of American Samoa, Guam, the United 

States Virgin Islands, and the Commonwealth of the 

Northern Mariana Islands may not be less than 

$80,000; and 

(ii) to any State not described in clause (i) may 

not be less than $150,000. 

(3) REDUCTION OF ALLOTMENT.—Notwithstanding paragraphs (1) and (2), if the aggregate of the amounts to be 

allotted to the States pursuant to such paragraphs for any 

fiscal year exceeds the total amount appropriated for such 

allotments under section 145 for such fiscal year, the amount 

to be allotted to each State for such fiscal year shall be proportionately reduced. 

(4) INCREASE IN ALLOTMENTS.—In any year in which the 

total amount appropriated under section 145 for a fiscal year 

exceeds the total amount appropriated under such section (or 

a corresponding provision) for the preceding fiscal year by a 

percentage greater than the most recent percentage change 

in the Consumer Price Index published by the Secretary of 

Labor under section 100(c)(1) of the Rehabilitation Act of 1973 

(29 U.S.C. 720(c)(1)) (if the percentage change indicates an 

increase), the Secretary shall increase each of the minimum 

allotments described in subparagraphs (A) and (B) of paragraph 

(2). The Secretary shall increase each minimum allotment by 

an amount that bears the same ratio to the amount of such 

minimum allotment (including any increases in such minimum 

allotment under this paragraph (or a corresponding provision) 

for prior fiscal years) as the amount that is equal to the difference between— 

(A) the total amount appropriated under section 145 

for the fiscal year for which the increase in the minimum 

allotment is being made; minus 

(B) the total amount appropriated under section 145 

(or a corresponding provision) for the immediately preceding fiscal year, 

bears to the total amount appropriated under section 145 (or 

a corresponding provision) for such preceding fiscal year. 

(5) MONITORING THE ADMINISTRATION OF THE SYSTEM.— 

In a State in which the system is housed in a State agency, 

the State may use not more than 5 percent of any allotment 

under this subsection for the costs of monitoring the administration of the system required under section 143(a). 

(6) TECHNICAL ASSISTANCE AND AMERICAN INDIAN CONSORTIUM.—In any case in which the total amount appropriated 

under section 145 for a fiscal year is more than $24,500,000, 

the Secretary shall— 

(A) use not more than 2 percent of the amount appropriated to provide technical assistance to eligible systems 

with respect to activities carried out under this subtitle 

(consistent with requests by such systems for such assistance for the year); and 

114 STAT. 1714 PUBLIC LAW 106–402—OCT. 30, 2000
 

42 USC 15043. 

(B) provide a grant in accordance with section 143(b), 

and in an amount described in paragraph (2)(A)(i), to an 

American Indian consortium to provide protection and 

advocacy services. 

(b) PAYMENT TO SYSTEMS.—Notwithstanding any other provision of law, the Secretary shall pay directly to any system in 

a State that complies with the provisions of this subtitle the amount 

of the allotment made for the State under this section, unless 

the system specifies otherwise. 

(c) UNOBLIGATED FUNDS.—Any amount paid to a system under 

this subtitle for a fiscal year and remaining unobligated at the 

end of such year shall remain available to such system for the 

next fiscal year, for the purposes for which such amount was paid. 

SEC. 143. SYSTEM REQUIRED. 

(a) SYSTEM REQUIRED.—In order for a State to receive an allotment under subtitle B or this subtitle— 

(1) the State shall have in effect a system to protect and 

advocate the rights of individuals with developmental disabilities; 

(2) such system shall— 

(A) have the authority to— 

(i) pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection 

of, and advocacy for, the rights of such individuals 

within the State who are or who may be eligible for 

treatment, services, or habilitation, or who are being 

considered for a change in living arrangements, with 

particular attention to members of ethnic and racial 

minority groups; and 

(ii) provide information on and referral to programs 

and services addressing the needs of individuals with 

developmental disabilities; 

(B) have the authority to investigate incidents of abuse 

and neglect of individuals with developmental disabilities 

if the incidents are reported to the system or if there 

is probable cause to believe that the incidents occurred; 

(C) on an annual basis, develop, submit to the Secretary, and take action with regard to goals (each of which 

is related to 1 or more areas of emphasis) and priorities, 

developed through data driven strategic planning, for the 

system’s activities; 

(D) on an annual basis, provide to the public, including 

individuals with developmental disabilities attributable to 

either physical impairment, mental impairment, or a combination of physical and mental impairment, and their 

representatives, and as appropriate, non-State agency representatives of the State Councils on Developmental 

Disabilities, and Centers, in the State, an opportunity to 

comment on— 

(i) the goals and priorities established by the 

system and the rationale for the establishment of such 

goals; and 

(ii) the activities of the system, including the 

coordination of services with the entities carrying out 

advocacy programs under the Rehabilitation Act of 

1973 (29 U.S.C. 701 et seq.), the Older Americans 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1715
 

Act of 1965 (42 U.S.C. 3001 et seq.), and the Protection 

and Advocacy for Mentally Ill Individuals Act of 1986 

(42 U.S.C. 10801 et seq.), and with entities carrying 

out other related programs, including the parent 

training and information centers funded under the 

Individuals with Disabilities Education Act (20 U.S.C. 

1400 et seq.), and activities authorized under section 

101 or 102 of the Assistive Technology Act of 1998 

(29 U.S.C. 3011, 3012); 

(E) establish a grievance procedure for clients or 

prospective clients of the system to ensure that individuals 

with developmental disabilities have full access to services 

of the system; 

(F) not be administered by the State Council on 

Developmental Disabilities; 

(G) be independent of any agency that provides treatment, services, or habilitation to individuals with developmental disabilities; 

(H) have access at reasonable times to any individual 

with a developmental disability in a location in which 

services, supports, and other assistance are provided to 

such an individual, in order to carry out the purpose of 

this subtitle; 

(I) have access to all records of— 

(i) any individual with a developmental disability 

who is a client of the system if such individual, or 

the legal guardian, conservator, or other legal representative of such individual, has authorized the 

system to have such access; 

(ii) any individual with a developmental disability, 

in a situation in which— 

(I) the individual, by reason of such individual’s mental or physical condition, is unable to 

authorize the system to have such access; 

(II) the individual does not have a legal 

guardian, conservator, or other legal representative, or the legal guardian of the individual is 

the State; and 

(III) a complaint has been received by the 

system about the individual with regard to the 

status or treatment of the individual or, as a result 

of monitoring or other activities, there is probable 

cause to believe that such individual has been 

subject to abuse or neglect; and 

(iii) any individual with a developmental disability, 

in a situation in which— 

(I) the individual has a legal guardian, conservator, or other legal representative; 

(II) a complaint has been received by the 

system about the individual with regard to the 

status or treatment of the individual or, as a result 

of monitoring or other activities, there is probable 

cause to believe that such individual has been 

subject to abuse or neglect; 

(III) such representative has been contacted 

by such system, upon receipt of the name and 

address of such representative; 

114 STAT. 1716
 PUBLIC LAW 106–402—OCT. 30, 2000 

(IV) such system has offered assistance to such 

representative to resolve the situation; and 

(V) such representative has failed or refused 

to act on behalf of the individual; 

(J)(i) have access to the records of individuals described 

in subparagraphs (B) and (I), and other records that are 

relevant to conducting an investigation, under the circumstances described in those subparagraphs, not later 

than 3 business days after the system makes a written 

request for the records involved; and 

(ii) have immediate access, not later than 24 hours 

after the system makes such a request, to the records 

without consent from another party, in a situation in which 

services, supports, and other assistance are provided to 

an individual with a developmental disability— 

(I) if the system determines there is probable cause 

to believe that the health or safety of the individual 

is in serious and immediate jeopardy; or 

(II) in any case of death of an individual with 

a developmental disability; 

(K) hire and maintain sufficient numbers and types 

of staff (qualified by training and experience) to carry out 

such system’s functions, except that the State involved 

shall not apply hiring freezes, reductions in force, prohibitions on travel, or other policies to the staff of the system, 

to the extent that such policies would impact the staff 

or functions of the system funded with Federal funds or 

would prevent the system from carrying out the functions 

of the system under this subtitle; 

(L) have the authority to educate policymakers; and 

(M) provide assurances to the Secretary that funds 

allotted to the State under section 142 will be used to 

supplement, and not supplant, the non-Federal funds that 

would otherwise be made available for the purposes for 

which the allotted funds are provided; 

(3) to the extent that information is available, the State 

shall provide to the system— 

(A) a copy of each independent review, pursuant to 

section 1902(a)(30)(C) of the Social Security Act (42 U.S.C. 

1396a(a)(30)(C)), of an Intermediate Care Facility (Mental 

Retardation) within the State, not later than 30 days after 

the availability of such a review; and 

(B) information about the adequacy of health care and 

other services, supports, and assistance that individuals 

with developmental disabilities who are served through 

home and community-based waivers (authorized under section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c))) 

receive; and 

(4) the agency implementing the system shall not be 

redesignated unless— 

(A) there is good cause for the redesignation; 

(B) the State has given the agency notice of the 

intention to make such redesignation, including notice 

regarding the good cause for such redesignation, and given 

the agency an opportunity to respond to the assertion that 

good cause has been shown; 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1717
 

(C) the State has given timely notice and an opportunity for public comment in an accessible format to 

individuals with developmental disabilities or their representatives; and 

(D) the system has an opportunity to appeal the 

redesignation to the Secretary, on the basis that the 

redesignation was not for good cause. 

(b) AMERICAN INDIAN CONSORTIUM.—Upon application to the 

Secretary, an American Indian consortium established to provide 

protection and advocacy services under this subtitle, shall receive 

funding pursuant to section 142(a)(6) to provide the services. Such 

consortium shall be considered to be a system for purposes of 

this subtitle and shall coordinate the services with other systems 

serving the same geographic area. The tribal council that designates 

the consortium shall carry out the responsibilities and exercise 

the authorities specified for a State in this subtitle, with regard 

to the consortium. 

(c) RECORD.—In this section, the term ‘‘record’’ includes— 

(1) a report prepared or received by any staff at any location 

at which services, supports, or other assistance is provided 

to individuals with developmental disabilities; 

(2) a report prepared by an agency or staff person charged 

with investigating reports of incidents of abuse or neglect, 

injury, or death occurring at such location, that describes such 

incidents and the steps taken to investigate such incidents; 

and 

(3) a discharge planning record. 

SEC. 144. ADMINISTRATION. 

(a) GOVERNING BOARD.—In a State in which the system 

described in section 143 is organized as a private nonprofit entity 

with a multimember governing board, or a public system with 

a multimember governing board, such governing board shall be 

selected according to the policies and procedures of the system, 

except that— 

(1)(A) the governing board shall be composed of members 

who broadly represent or are knowledgeable about the needs 

of the individuals served by the system; 

(B) a majority of the members of the board shall be— 

(i) individuals with disabilities, including individuals 

with developmental disabilities, who are eligible for services, or have received or are receiving services through 

the system; or 

(ii) parents, family members, guardians, advocates, or 

authorized representatives of individuals referred to in 

clause (i); and 

(C) the board may include a representative of the State 

Council on Developmental Disabilities, the Centers in the State, 

and the self-advocacy organization described in section 

124(c)(4)(A)(ii)(I); 

(2) not more than 1⁄3 of the members of the governing 

board may be appointed by the chief executive officer of the 

State involved, in the case of any State in which such officer 

has the authority to appoint members of the board; 

(3) the membership of the governing board shall be subject 

to term limits set by the system to ensure rotating membership; 

42 USC 15044. 

114 STAT. 1718 PUBLIC LAW 106–402—OCT. 30, 2000
 

(4) any vacancy in the board shall be filled not later than 

60 days after the date on which the vacancy occurs; and 

(5) in a State in which the system is organized as a public 

system without a multimember governing or advisory board, 

the system shall establish an advisory council— 

(A) that shall advise the system on policies and priorities to be carried out in protecting and advocating the 

rights of individuals with developmental disabilities; and 

(B) on which a majority of the members shall be— 

(i) individuals with developmental disabilities who 

are eligible for services, or have received or are 

receiving services, through the system; or 

(ii) parents, family members, guardians, advocates, 

or authorized representatives of individuals referred 

to in clause (i). 

(b) LEGAL ACTION.— 

(1) IN GENERAL.—Nothing in this title shall preclude a 

system from bringing a suit on behalf of individuals with 

developmental disabilities against a State, or an agency or 

instrumentality of a State. 

(2) USE OF AMOUNTS FROM JUDGMENT.—An amount 

received pursuant to a suit described in paragraph (1) through 

a court judgment may only be used by the system to further 

the purpose of this subtitle and shall not be used to augment 

payments to legal contractors or to award personal bonuses. 

(3) LIMITATION.—The system shall use assistance provided 

under this subtitle in a manner consistent with section 5 of 

the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 

14404). 

(c) DISCLOSURE OF INFORMATION.—For purposes of any periodic 

audit, report, or evaluation required under this subtitle, the Secretary shall not require an entity carrying out a program to disclose 

the identity of, or any other personally identifiable information 

related to, any individual requesting assistance under such program. 

(d) PUBLIC NOTICE OF FEDERAL ONSITE REVIEW.—The Secretary 

shall provide advance public notice of any Federal programmatic 

or administrative onsite review of a system conducted under this 

subtitle and solicit public comment on the system through such 

notice. The Secretary shall prepare an onsite visit report containing 

the results of such review, which shall be distributed to the Governor of the State and to other interested public and private parties. 

The comments received in response to the public comment solicitation notice shall be included in the onsite visit report. 

(e) REPORTS.—Beginning in fiscal year 2002, each system established in a State pursuant to this subtitle shall annually prepare 

and transmit to the Secretary a report that describes the activities, 

accomplishments, and expenditures of the system during the preceding fiscal year, including a description of the system’s goals, 

the extent to which the goals were achieved, barriers to their 

achievement, the process used to obtain public input, the nature 

of such input, and how such input was used. 

42 USC 15045. SEC. 145. AUTHORIZATION OF APPROPRIATIONS. 

For allotments under section 142, there are authorized to be 

appropriated $32,000,000 for fiscal year 2001 and such sums as 

may be necessary for each of fiscal years 2002 through 2007. 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1719
 

Subtitle D—National Network of University Centers for Excellence in Developmental Disabilities Education, Research, 

and Service 

SEC. 151. GRANT AUTHORITY. 

(a) NATIONAL NETWORK.—From appropriations authorized 

under section 156(a)(1), the Secretary shall make 5-year grants 

to entities in each State designated as University Centers for Excellence in Developmental Disabilities Education, Research, and 

Service to carry out activities described in section 153(a). 

(b) NATIONAL TRAINING INITIATIVES.—From appropriations 

authorized under section 156(a)(1) and reserved under section 

156(a)(2), the Secretary shall make grants to Centers to carry 

out activities described in section 153(b). 

(c) TECHNICAL ASSISTANCE.—From appropriations authorized 

under section 156(a)(1) and reserved under section 156(a)(3) (or 

from funds reserved under section 163, as appropriate), the Secretary shall enter into 1 or more cooperative agreements or contracts 

for the purpose of providing technical assistance described in section 

153(c). 

SEC. 152. GRANT AWARDS. 

(a) EXISTING CENTERS.— 

(1) IN GENERAL.—In awarding and distributing grant funds 

under section 151(a) for a fiscal year, the Secretary, subject 

to the availability of appropriations and the condition specified 

in subsection (d), shall award and distribute grant funds in 

equal amounts of $500,000 (adjusted in accordance with subsection (b)), to each Center that existed during the preceding 

fiscal year and that meets the requirements of this subtitle, 

prior to making grants under subsection (c) or (d). 

(2) REDUCTION OF AWARD.—Notwithstanding paragraph (1), 

if the aggregate of the funds to be awarded to the Centers 

pursuant to paragraph (1) for any fiscal year exceeds the total 

amount appropriated under section 156 for such fiscal year, 

the amount to be awarded to each Center for such fiscal year 

shall be proportionately reduced. 

(b) ADJUSTMENTS.—Subject to the availability of appropriations, 

for any fiscal year following a year in which each Center described 

in subsection (a) received a grant award of not less than $500,000 

under subsection (a) (adjusted in accordance with this subsection), 

the Secretary shall adjust the awards to take into account the 

most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 100(c)(1) of the 

Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the percentage 

change indicates an increase), prior to making grants under subsection (c) or (d). 

(c) NATIONAL TRAINING INITIATIVES ON CRITICAL AND EMERGING 

NEEDS.—Subject to the availability of appropriations, for any fiscal 

year in which each Center described in subsection (a) receives 

a grant award of not less than $500,000, under subsection (a) 

(adjusted in accordance with subsection (b)), after making the grant 

awards, the Secretary shall make grants under section 151(b) to 

42 USC 15061. 

42 USC 15062. 

114 STAT. 1720 PUBLIC LAW 106–402—OCT. 30, 2000
 

42 USC 15063. 

Centers to pay for the Federal share of the cost of training initiatives related to the unmet needs of individuals with developmental 

disabilities and their families, as described in section 153(b). 

(d) ADDITIONAL GRANTS.—For any fiscal year in which each 

Center described in subsection (a) receives a grant award of not 

less than $500,000 under subsection (a) (adjusted in accordance 

with subsection (b)), after making the grant awards, the Secretary 

may make grants under section 151(a) for activities described in 

section 153(a) to additional Centers, or additional grants to Centers, 

for States or populations that are unserved or underserved by 

Centers due to such factors as— 

(1) population; 

(2) a high concentration of rural or urban areas; or 

(3) a high concentration of unserved or underserved populations. 

SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES. 

(a) NATIONAL NETWORK OF UNIVERSITY CENTERS FOR EXCELLENCE IN DEVELOPMENTAL DISABILITIES EDUCATION, RESEARCH, AND 

SERVICE.— 

(1) IN GENERAL.—In order to provide leadership in, advise 

Federal, State, and community policymakers about, and promote opportunities for individuals with developmental disabilities to exercise self-determination, be independent, be productive, and be integrated and included in all facets of community 

life, the Secretary shall award grants to eligible entities designated as Centers in each State to pay for the Federal share 

of the cost of the administration and operation of the Centers. 

The Centers shall be interdisciplinary education, research, and 

public service units of universities (as defined by the Secretary) 

or public or not-for-profit entities associated with universities 

that engage in core functions, described in paragraph (2), 

addressing, directly or indirectly, 1 or more of the areas of 

emphasis. 

(2) CORE FUNCTIONS.—The core functions referred to in 

paragraph (1) shall include the following: 

(A) Provision of interdisciplinary pre-service preparation and continuing education of students and fellows, 

which may include the preparation and continuing education of leadership, direct service, clinical, or other personnel to strengthen and increase the capacity of States 

and communities to achieve the purpose of this title. 

(B) Provision of community services— 

(i) that provide training or technical assistance 

for individuals with developmental disabilities, their 

families, professionals, paraprofessionals, policymakers, students, and other members of the community; and 

(ii) that may provide services, supports, and assistance for the persons described in clause (i) through 

demonstration and model activities. 

(C) Conduct of research, which may include basic or 

applied research, evaluation, and the analysis of public 

policy in areas that affect or could affect, either positively 

or negatively, individuals with developmental disabilities 

and their families. 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1721
 

(D) Dissemination of information related to activities 

undertaken to address the purpose of this title, especially 

dissemination of information that demonstrates that the 

network authorized under this subtitle is a national and 

international resource that includes specific substantive 

areas of expertise that may be accessed and applied in 

diverse settings and circumstances. 

(b) NATIONAL TRAINING INITIATIVES ON CRITICAL AND EMERGING 

NEEDS.— 

(1) SUPPLEMENTAL GRANTS.—After consultation with relevant, informed sources, including individuals with developmental disabilities and their families, the Secretary shall 

award, under section 151(b), supplemental grants to Centers 

to pay for the Federal share of the cost of training initiatives 

related to the unmet needs of individuals with developmental 

disabilities and their families. The Secretary shall make the 

grants on a competitive basis, and for periods of not more 

than 5 years. 

(2) ESTABLISHMENT OF CONSULTATION PROCESS BY THE SECRETARY.—Not later than 1 year after the date of enactment 

of this Act, the Secretary shall establish a consultation process 

that, on an ongoing basis, allows the Secretary to identify 

and address, through supplemental grants authorized under 

paragraph (1), training initiatives related to the unmet needs 

of individuals with developmental disabilities and their families. 

(c) TECHNICAL ASSISTANCE.—In order to strengthen and support 

the national network of Centers, the Secretary may enter into 

1 or more cooperative agreements or contracts to— 

(1) assist in national and international dissemination of 

specific information from multiple Centers and, in appropriate 

cases, other entities whose work affects the lives of individuals 

with developmental disabilities; 

(2) compile, analyze, and disseminate state-of-the-art 

training, research, and demonstration results policies, and practices from multiple Centers and, in appropriate cases, other 

entities whose work affects the lives of persons with developmental disabilities; 

(3) convene experts from multiple Centers to discuss and 

make recommendations with regard to national emerging needs 

of individuals with developmental disabilities; 

(4)(A) develop portals that link users with every Center’s 

website; and 

(B) facilitate electronic information sharing using stateof-the-art Internet technologies such as real-time online discussions, multipoint video conferencing, and web-based audio/video 

broadcasts, on emerging topics that impact individuals with 

disabilities and their families; 

(5) serve as a research-based resource for Federal and 

State policymakers on information concerning and issues 

impacting individuals with developmental disabilities and entities that assist or serve those individuals; or 

(6) undertake any other functions that the Secretary determines to be appropriate; 

to promote the viability and use of the resources and expertise 

of the Centers nationally and internationally. 

114 STAT. 1722 PUBLIC LAW 106–402—OCT. 30, 2000
 

42 USC 15064. SEC. 154. APPLICATIONS. 

(a) APPLICATIONS FOR CORE CENTER GRANTS.— (1) IN GENERAL.—To be eligible to receive a grant under 

section 151(a) for a Center, an entity shall submit to the Secretary, and obtain approval of, an application at such time, 

in such manner, and containing such information, as the Secretary may require. 

(2) APPLICATION CONTENTS.—Each application described in 

paragraph (1) shall describe a 5-year plan, including a projected 

goal related to 1 or more areas of emphasis for each of the 

core functions described in section 153(a). 

(3) ASSURANCES.—The application shall be approved by 

the Secretary only if the application contains or is supported 

by reasonable assurances that the entity designated as the 

Center will— 

(A) meet regulatory standards as established by the 

Secretary for Centers; 

(B) address the projected goals, and carry out goalrelated activities, based on data driven strategic planning 

and in a manner consistent with the objectives of this 

subtitle, that— 

(i) are developed in collaboration with the consumer advisory committee established pursuant to 

subparagraph (E); 

(ii) are consistent with, and to the extent feasible 

complement and further, the Council goals contained 

in the State plan submitted under section 124 and 

the system goals established under section 143; and 

(iii) will be reviewed and revised annually as necessary to address emerging trends and needs; 

(C) use the funds made available through the grant 

to supplement, and not supplant, the funds that would 

otherwise be made available for activities described in section 153(a); 

(D) protect, consistent with the policy specified in section 101(c) (relating to rights of individuals with developmental disabilities), the legal and human rights of all 

individuals with developmental disabilities (especially those 

individuals under State guardianship) who are involved 

in activities carried out under programs assisted under 

this subtitle; 

(E) establish a consumer advisory committee— 

(i) of which a majority of the members shall be 

individuals with developmental disabilities and family 

members of such individuals; 

(ii) that is comprised of— 

(I) individuals with developmental disabilities 

and related disabilities; 

(II) family members of individuals with 

developmental disabilities; 

(III) a representative of the State protection 

and advocacy system; 

(IV) a representative of the State Council on 

Developmental Disabilities; 

(V) a representative of a self-advocacy 

organization described in section 124(c)(4)(A)(ii)(I); 

and 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1723
 

(VI) representatives of organizations that may 

include parent training and information centers 

assisted under section 682 or 683 of the Individuals 

with Disabilities Education Act (20 U.S.C. 1482, 

1483), entities carrying out activities authorized 

under section 101 or 102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 3012), relevant 

State agencies, and other community groups concerned with the welfare of individuals with 

developmental disabilities and their families; 

(iii) that reflects the racial and ethnic diversity 

of the State; and 

(iv) that shall— 

(I) consult with the Director of the Center 

regarding the development of the 5-year plan, and 

shall participate in an annual review of, and comment on, the progress of the Center in meeting 

the projected goals contained in the plan, and shall 

make recommendations to the Director of the 

Center regarding any proposed revisions of the 

plan that might be necessary; and 

(II) meet as often as necessary to carry out 

the role of the committee, but at a minimum twice 

during each grant year; 

(F) to the extent possible, utilize the infrastructure 

and resources obtained through funds made available under 

the grant to leverage additional public and private funds 

to successfully achieve the projected goals developed in 

the 5-year plan; 

(G)(i) have a director with appropriate academic 

credentials, demonstrated leadership, expertise regarding 

developmental disabilities, significant experience in managing grants and contracts, and the ability to leverage 

public and private funds; and 

(ii) allocate adequate staff time to carry out activities 

related to each of the core functions described in section 

153(a); and 

(H) educate, and disseminate information related to 

the purpose of this title to, the legislature of the State 

in which the Center is located, and to Members of Congress 

from such State. 

(b) SUPPLEMENTAL GRANT APPLICATIONS PERTAINING TO 

NATIONAL TRAINING INITIATIVES IN CRITICAL AND EMERGING 

NEEDS.—To be eligible to receive a supplemental grant under section 151(b), a Center may submit a supplemental application to 

the Secretary at such time, in such manner, and containing such 

information as the Secretary may require, pursuant to the terms 

and conditions set by the Secretary consistent with section 153(b). 

(c) PEER REVIEW.— 

(1) IN GENERAL.—The Secretary shall require that all 

applications submitted under this subtitle be subject to technical and qualitative review by peer review groups established 

under paragraph (2). The Secretary may approve an application 

under this subtitle only if such application has been recommended by a peer review group that has conducted the 

peer review required under this paragraph. In conducting the 

114 STAT. 1724
 PUBLIC LAW 106–402—OCT. 30, 2000 

review, the group may conduct onsite visits or inspections of 

related activities as necessary. 

(2) ESTABLISHMENT OF PEER REVIEW GROUPS.— 

(A) IN GENERAL.—The Secretary, acting through the 

Commissioner of the Administration on Developmental 

Disabilities, may, notwithstanding— 

(i) the provisions of title 5, United States Code, 

concerning appointments to the competitive service; 

and 

(ii) the provisions of chapter 51, and subchapter 

III of chapter 53 of title 5, United States Code, concerning classification and General Schedule pay rates; 

establish such peer review groups and appoint and set 

the rates of pay of members of such groups. 

(B) COMPOSITION.—Each peer review group shall 

include such individuals with disabilities and parents, 

guardians, or advocates of or for individuals with developmental disabilities, as are necessary to carry out this subsection. 

(3) WAIVERS OF APPROVAL.—The Secretary may waive the 

provisions of paragraph (1) with respect to review and approval 

of an application if the Secretary determines that exceptional 

circumstances warrant such a waiver. 

(d) FEDERAL SHARE.— 

(1) IN GENERAL.—The Federal share of the cost of administration or operation of a Center, or the cost of carrying out 

a training initiative, supported by a grant made under this 

subtitle may not be more than 75 percent of the necessary 

cost of such project, as determined by the Secretary. 

(2) URBAN OR RURAL POVERTY AREAS.—In the case of a 

project whose activities or products target individuals with 

developmental disabilities who live in an urban or rural poverty 

area, as determined by the Secretary, the Federal share of 

the cost of the project may not be more than 90 percent of 

the necessary costs of the project, as determined by the Secretary. 

(3) GRANT EXPENDITURES.—For the purpose of determining 

the Federal share with respect to the project, expenditures 

on that project by a political subdivision of a State or by 

a public or private entity shall, subject to such limitations 

and conditions as the Secretary may by regulation prescribe 

under section 104(b), be considered to be expenditures made 

by a Center under this subtitle. 

(e) ANNUAL REPORT.—Each Center shall annually prepare and 

transmit to the Secretary a report containing— 

(1) information on progress made in achieving the projected 

goals of the Center for the previous year, including— 

(A) the extent to which the goals were achieved; 

(B) a description of the strategies that contributed 

to achieving the goals; 

(C) to the extent to which the goals were not achieved, 

a description of factors that impeded the achievement; and 

(D) an accounting of the manner in which funds paid 

to the Center under this subtitle for a fiscal year were 

expended; 

(2) information on proposed revisions to the goals; and 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1725
 

(3) a description of successful efforts to leverage funds, 

other than funds made available under this subtitle, to pursue 

goals consistent with this subtitle. 

SEC. 155. DEFINITION. 

In this subtitle, the term ‘‘State’’ means each of the several 

States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and Guam. 

SEC. 156. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION AND RESERVATIONS.— 

(1) AUTHORIZATION.—There are authorized to be appropriated to carry out this subtitle (other than section 153(c)(4)) 

$30,000,000 for fiscal year 2001 and such sums as may be 

necessary for each of fiscal years 2002 through 2007. 

(2) RESERVATION FOR TRAINING INITIATIVES.—From any 

amount appropriated for a fiscal year under paragraph (1) 

and remaining after each Center described in section 152(a) 

has received a grant award of not less than $500,000, as 

described in section 152, the Secretary shall reserve funds 

for the training initiatives authorized under section 153(b). 

(3) RESERVATION FOR TECHNICAL ASSISTANCE.— 

(A) YEARS BEFORE APPROPRIATION TRIGGER.—For any 

covered year, the Secretary shall reserve funds in accordance with section 163(c) to fund technical assistance activities under section 153(c) (other than section 153(c)(4)). 

(B) YEARS AFTER APPROPRIATION TRIGGER.—For any 

fiscal year that is not a covered year, the Secretary shall 

reserve not less than $300,000 and not more than 2 percent 

of the amount appropriated under paragraph (1) to fund 

technical assistance activities under section 153(c) (other 

than section 153(c)(4)). 

(C) COVERED YEAR.—In this paragraph, the term ‘‘covered year’’ means a fiscal year prior to the first fiscal 

year for which the amount appropriated under paragraph 

(1) is not less than $20,000,000. 

(b) LIMITATION.—The Secretary may not use, for peer review 

or other activities directly related to peer review conducted under 

this subtitle— 

(1) for fiscal year 2001, more than $300,000 of the funds 

made available under subsection (a); and 

(2) for any succeeding fiscal year, more than the amount 

of funds used for the peer review and related activities in 

fiscal year 2001, adjusted to take into account the most recent 

percentage change in the Consumer Price Index published by 

the Secretary of Labor under section 100(c)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the percentage change 

indicates an increase). 

Subtitle E—Projects of National
 

Significance
 

SEC. 161. PURPOSE. 

The purpose of this subtitle is to provide grants, contracts, 

or cooperative agreements for projects of national significance that— 

42 USC 15065. 

42 USC 15066. 

42 USC 15081. 

114 STAT. 1726
 PUBLIC LAW 106–402—OCT. 30, 2000 

(1) create opportunities for individuals with developmental 

disabilities to directly and fully contribute to, and participate 

in, all facets of community life; and 

(2) support the development of national and State policies 

that reinforce and promote, with the support of families, guardians, advocates, and communities, of individuals with developmental disabilities, the self-determination, independence, 

productivity, and integration and inclusion in all facets of 

community life of such individuals through— 

(A) family support activities; 

(B) data collection and analysis; 

(C) technical assistance to entities funded under subtitles B and D, subject to the limitations described in 

sections 129(b), 156(a)(3), and 163(c); and 

(D) other projects of sufficient size and scope that 

hold promise to expand or improve opportunities for such 

individuals, including— 

(i) projects that provide technical assistance for 

the development of information and referral systems; 

(ii) projects that provide technical assistance to 

self-advocacy organizations of individuals with developmental disabilities; 

(iii) projects that provide education for policymakers; 

(iv) Federal interagency initiatives; 

(v) projects that enhance the participation of racial 

and ethnic minorities in public and private sector initiatives in developmental disabilities; 

(vi) projects that provide aid to transition youth 

with developmental disabilities from school to adult 

life, especially in finding employment and postsecondary education opportunities and in upgrading and 

changing any assistive technology devices that may 

be needed as a youth matures; 

(vii) initiatives that address the development of 

community quality assurance systems and the training 

related to the development, implementation, and 

evaluation of such systems, including training of 

individuals with developmental disabilities and their 

families; 

(viii) initiatives that address the needs of aging 

individuals with developmental disabilities and aging 

caregivers of adults with developmental disabilities in 

the community; 

(ix) initiatives that create greater access to and 

use of generic services systems, community organizations, and associations, and initiatives that assist in 

community economic development; 

(x) initiatives that create access to increased living 

options; 

(xi) initiatives that address the challenging behaviors of individuals with developmental disabilities, 

including initiatives that promote positive alternatives 

to the use of restraints and seclusion; and 

(xii) initiatives that address other areas of 

emerging need. 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1727
 

SEC. 162. GRANT AUTHORITY. 

(a) IN GENERAL.—The Secretary shall award grants, contracts, 

or cooperative agreements to public or private nonprofit entities 

for projects of national significance relating to individuals with 

developmental disabilities to carry out activities described in section 

161(2). 

(b) FEDERAL INTERAGENCY INITIATIVES.— 

(1) IN GENERAL.— 

(A) AUTHORITY.—The Secretary may— 

(i) enter into agreements with Federal agencies 

to jointly carry out activities described in section 161(2) 

or to jointly carry out activities of common interest 

related to the objectives of such section; and 

(ii) transfer to such agencies for such purposes 

funds appropriated under this subtitle, and receive 

and use funds from such agencies for such purposes. 

(B) RELATION TO PROGRAM PURPOSES.—Funds transferred or received pursuant to this paragraph shall be 

used only in accordance with statutes authorizing the 

appropriation of such funds. Such funds shall be made 

available through grants, contracts, or cooperative agreements only to recipients eligible to receive such funds under 

such statutes. 

(C) PROCEDURES AND CRITERIA.—If the Secretary enters 

into an agreement under this subsection for the administration of a jointly funded project— 

(i) the agreement shall specify which agency’s 

procedures shall be used to award grants, contracts, 

or cooperative agreements and to administer such 

awards; 

(ii) the participating agencies may develop a single 

set of criteria for the jointly funded project, and may 

require applicants to submit a single application for 

joint review by such agencies; and 

(iii) unless the heads of the participating agencies 

develop joint eligibility requirements, an applicant for 

an award for the project shall meet the eligibility 

requirements of each program involved. 

(2) LIMITATION.—The Secretary may not construe the provisions of this subsection to take precedence over a limitation 

on joint funding contained in an applicable statute. 

SEC. 163. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

carry out the projects specified in this section $16,000,000 for fiscal 

year 2001, and such sums as may be necessary for each of fiscal 

years 2002 through 2007. 

(b) USE OF FUNDS.— 

(1) GRANTS, CONTRACTS, AND AGREEMENTS.—Except as provided in paragraph (2), the amount appropriated under subsection (a) for each fiscal year shall be used to award grants, 

or enter into contracts, cooperative agreements, or other agreements, under section 162. 

(2) ADMINISTRATIVE COSTS.—Not more than 1 percent of 

the amount appropriated under subsection (a) for each fiscal 

year may be used to provide for the administrative costs (other 

than compensation of Federal employees) of the Administration 

42 USC 15082. 

42 USC 15083. 

114 STAT. 1728 PUBLIC LAW 106–402—OCT. 30, 2000
 

Families of 

Children With 

Disabilities 

Support Act of 

2000. 

42 USC 15001 

note. 

42 USC 15091. 

on Developmental Disabilities for administering this subtitle 

and subtitles B, C, and D, including monitoring the performance 

of and providing technical assistance to, entities that receive 

funds under this title. 

(c) TECHNICAL ASSISTANCE FOR COUNCILS AND CENTERS.— 

(1) IN GENERAL.—For each covered year, the Secretary shall 

expend, to provide technical assistance for entities funded under 

subtitle B or D, an amount from funds appropriated under 

subsection (a) that is not less than the amount the Secretary 

expended on technical assistance for entities funded under that 

subtitle (or a corresponding provision) in the previous fiscal 

year. 

(2) COVERED YEAR.—In this subsection, the term ‘‘covered 

year’’ means— 

(A) in the case of an expenditure for entities funded 

under subtitle B, a fiscal year for which the amount appropriated under section 129(a) is less than $76,000,000; and 

(B) in the case of an expenditure for entities funded 

under subtitle D, a fiscal year prior to the first fiscal 

year for which the amount appropriated under section 

156(a)(1) is not less than $20,000,000. 

(3) REFERENCES.—References in this subsection to subtitle 

D shall not be considered to include section 153(c)(4). 

(d) TECHNICAL ASSISTANCE ON ELECTRONIC INFORMATION 

SHARING.—In addition to any funds reserved under subsection (c), the Secretary shall reserve $100,000 from the amount appropriated 

under subsection (a) for each fiscal year to carry out section 

153(c)(4). 

(e) LIMITATION.—For any fiscal year for which the amount appropriated under subsection (a) is not less than $10,000,000, 

not more than 50 percent of such amount shall be used for activities 

carried out under section 161(2)(A). 

TITLE II—FAMILY SUPPORT 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Families of Children With 

Disabilities Support Act of 2000’’. 

SEC. 202. FINDINGS, PURPOSES, AND POLICY. 

(a) FINDINGS.—Congress makes the following findings: 

(1) It is in the best interest of our Nation to preserve, 

strengthen, and maintain the family. 

(2) Families of children with disabilities provide support, 

care, and training to their children that can save States millions 

of dollars. Without the efforts of family caregivers, many persons with disabilities would receive care through State-supported out-of-home placements. 

(3) Most families of children with disabilities, especially 

families in unserved and underserved populations, do not have 

access to family-centered and family-directed services to support 

such families in their efforts to care for such children at home. 

(4) Medical advances and improved health care have 

increased the life span of many people with disabilities, and 

the combination of the longer life spans and the aging of family 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1729
 

caregivers places a continually increasing demand on the finite 

service delivery systems of the States. 

(5) In 1996, 49 States provided family support initiatives 

in response to the needs of families of children with disabilities. 

Such initiatives included the provision of cash subsidies, respite 

care, and other forms of support. There is a need in each 

State, however, to strengthen, expand, and coordinate the 

activities of a system of family support services for families 

of children with disabilities that is easily accessible, avoids 

duplication, uses resources efficiently, and prevents gaps in 

services to families in all areas of the State. 

(6) The goals of the Nation properly include the goal of 

providing to families of children with disabilities the family 

support services necessary— 

(A) to support the family; 

(B) to enable families of children with disabilities to 

nurture and enjoy their children at home; 

(C) to enable families of children with disabilities to 

make informed choices and decisions regarding the nature 

of supports, resources, services, and other assistance made 

available to such families; and 

(D) to support family caregivers of adults with disabilities. 

(b) PURPOSES.—The purposes of this title are— 

(1) to promote and strengthen the implementation of comprehensive State systems of family support services, for families 

with children with disabilities, that are family-centered and 

family-directed, and that provide families with the greatest 

possible decisionmaking authority and control regarding the 

nature and use of services and support; 

(2) to promote leadership by families in planning, policy 

development, implementation, and evaluation of family support 

services for families of children with disabilities; 

(3) to promote and develop interagency coordination and 

collaboration between agencies responsible for providing the 

services; and 

(4) to increase the availability of, funding for, access to, 

and provision of family support services for families of children 

with disabilities. 

(c) POLICY.—It is the policy of the United States that all programs, projects, and activities funded under this title shall be 

family-centered and family-directed, and shall be provided in a 

manner consistent with the goal of providing families of children 

with disabilities with the support the families need to raise their 

children at home. 

SEC. 203. DEFINITIONS AND SPECIAL RULE. 42 USC 15092. 

(a) DEFINITIONS.—In this title: 

(1) CHILD WITH A DISABILITY.—The term ‘‘child with a disability’’ means an individual who—
 

(A) has a significant physical or mental impairment, 

as defined pursuant to State policy to the extent that 

such policy is established without regard to type of disability; or 

(B) is an infant or a young child from birth through 

age 8 and has a substantial developmental delay or specific 

114 STAT. 1730 PUBLIC LAW 106–402—OCT. 30, 2000
 

42 USC 15093. 

congenital or acquired condition that presents a high probability of resulting in a disability if services are not provided to the infant or child. 

(2) FAMILY.— 

(A) IN GENERAL.—Subject to subparagraph (B), for purposes of the application of this title in a State, the term 

‘‘family’’ has the meaning given the term by the State. 

(B) EXCLUSION OF EMPLOYEES.—The term does not 

include an employee who, acting in a paid employment 

capacity, provides services to a child with a disability in 

an out-of-home setting such as a hospital, nursing home, 

personal care home, board and care home, group home, 

or other facility. 

(3) FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH 

DISABILITIES.—The term ‘‘family support for families of children 

with disabilities’’ means supports, resources, services, and other 

assistance provided to families of children with disabilities 

pursuant to State policy that are designed to— 

(A) support families in the efforts of such families 

to raise their children with disabilities in the home; 

(B) strengthen the role of the family as primary caregiver for such children; 

(C) prevent involuntary out-of-the-home placement of 

such children and maintain family unity; and 

(D) reunite families with children with disabilities who 

have been placed out of the home, whenever possible. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Health and Human Services. 

(5) STATE.—The term ‘‘State’’ means each of the 50 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. 

(6) SYSTEMS CHANGE ACTIVITIES.—The term ‘‘systems 

change activities’’ means efforts that result in laws, regulations, 

policies, practices, or organizational structures— 

(A) that are family-centered and family-directed; 

(B) that facilitate and increase access to, provision 

of, and funding for, family support services for families 

of children with disabilities; and 

(C) that otherwise accomplish the purposes of this 

title. 

(b) SPECIAL RULE.—References in this title to a child with 

a disability shall be considered to include references to an individual 

who is not younger than age 18 who— 

(1) has a significant impairment described in subsection 

(a)(1)(A); and 

(2) is residing with and receiving assistance from a family 

member. 

SEC. 204. GRANTS TO STATES. 

(a) IN GENERAL.—The Secretary shall make grants to States 

on a competitive basis, in accordance with the provisions of this 

title, to support systems change activities designed to assist States 

to develop and implement, or expand and enhance, a statewide 

system of family support services for families of children with 

disabilities that accomplishes the purposes of this title. 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1731
 

(b) AWARD PERIOD AND GRANT LIMITATION.—No grant shall 

be awarded under this section for a period of more than 3 years. 

No State shall be eligible for more than 1 grant under this section. 

(c) AMOUNT OF GRANTS.— (1) GRANTS TO STATES.— (A) FEDERAL MATCHING SHARE.—From amounts appropriated under section 212(a), the Secretary shall pay to 

each State that has an application approved under section 

205, for each year of the grant period, an amount that 

is— 

(i) equal to not more than 75 percent of the cost 

of the systems change activities to be carried out by 

the State; and 

(ii) not less than $100,000 and not more than 

$500,000. 

(B) NON-FEDERAL SHARE.—The non-Federal share of 

the cost of the systems change activities may be in cash 

or in kind, fairly evaluated, including plant, equipment, 

or services. 

(2) CALCULATION OF AMOUNTS.—The Secretary shall calculate a grant amount described in paragraph (1) on the basis
 

of—
 

(A) the amounts available for making grants under 

this section; and 

(B) the child population of the State concerned. 

(d) PRIORITY FOR PREVIOUSLY PARTICIPATING STATES.—For the 

second and third fiscal years for which amounts are appropriated 

to carry out this section, the Secretary, in providing payments 

under this section, shall give priority to States that received payments under this section during the preceding fiscal year. 

(e) 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; 

(2) distributes the grants among States that have differing
 

levels of development of statewide systems of family support
 

services for families of children with disabilities; and
 

(3) distributes the grants among States that attempt to
 

meet the needs of unserved and underserved populations, such
 

as individuals from racial and ethnic minority backgrounds,
 

disadvantaged individuals, individuals with limited English
 

proficiency, and individuals from underserved geographic areas
 

(rural or urban).
 

SEC. 205. APPLICATION. 42 USC 15094. 

To be eligible to receive a grant under this title, a State shall 

submit an application to the Secretary at such time, in such manner, 

and containing such information and assurances as the Secretary 

may require, including information about the designation of a lead 

entity, a description of available State resources, and assurances 

that systems change activities will be family-centered and familydirected. 

SEC. 206. DESIGNATION OF THE LEAD ENTITY. 42 USC 15095. 

(a) DESIGNATION.—The Chief Executive Officer of a State that 

desires to receive a grant under section 204, shall designate the 

office or entity (referred to in this title as the ‘‘lead entity’’) responsible for— 

114 STAT. 1732 PUBLIC LAW 106–402—OCT. 30, 2000
 

(1) submitting the application described in section 205 on 

behalf of the State; 

(2) administering and supervising the use of the amounts 

made available under the grant; 

(3) coordinating efforts related to and supervising the 

preparation of the application; 

(4) coordinating the planning, development, implementation (or expansion and enhancement), and evaluation of a statewide system of family support services for families of children 

with disabilities among public agencies and between public 

agencies and private agencies, including coordinating efforts 

related to entering into interagency agreements; 

(5) coordinating efforts related to the participation by families of children with disabilities in activities carried out under 

a grant made under this title; and 

(6) submitting the report described in section 208 on behalf 

of the State. 

(b) QUALIFICATIONS.—In designating the lead entity, the Chief 

Executive Officer may designate— 

(1) an office of the Chief Executive Officer; 

(2) a commission appointed by the Chief Executive Officer; 

(3) a public agency; 

(4) a council established under Federal or State law; or 

(5) another appropriate office, agency, or entity. 

42 USC 15096. SEC. 207. AUTHORIZED ACTIVITIES. 

(a) IN GENERAL.—A State that receives a grant under section 

204 shall use the funds made available through the grant to carry 

out systems change activities that accomplish the purposes of this 

title. 

(b) SPECIAL RULE.—In carrying out activities authorized under 

this title, a State shall ensure that such activities address the 

needs of families of children with disabilities from unserved or 

underserved populations. 

42 USC 15097. SEC. 208. REPORTING. 

A State that receives a grant under this title shall prepare 

and submit to the Secretary, at the end of the grant period, a 

report containing the results of State efforts to develop and implement, or expand and enhance, a statewide system of family support 

services for families of children with disabilities. 

42 USC 15098. SEC. 209. TECHNICAL ASSISTANCE. 

Contracts. (a) IN GENERAL.—The Secretary shall enter into contracts or 

cooperative agreements with appropriate public or private agencies 

and organizations, including institutions of higher education, with 

documented experience, expertise, and capacity, for the purpose 

of providing technical assistance and information with respect to 

the development and implementation, or expansion and enhancement, of a statewide system of family support services for families 

of children with disabilities. 

(b) PURPOSE.—An agency or organization that provides technical assistance and information under this section in a State 

that receives a grant under this title shall provide the technical 

assistance and information to the lead entity of the State, family 

members of children with disabilities, organizations, service providers, and policymakers involved with children with disabilities 

and their families. Such an agency or organization may also provide 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1733
 

technical assistance and information to a State that does not receive 

a grant under this title. 

(c) REPORTS TO THE SECRETARY.—An entity providing technical 

assistance and information under this section shall prepare and 

submit to the Secretary periodic reports regarding Federal policies 

and procedures identified within the States that facilitate or impede 

the delivery of family support services to families of children with 

disabilities. The report shall include recommendations to the Secretary regarding the delivery of services, coordination with other 

programs, and integration of the policies described in section 202 

in Federal law, other than this title. 

SEC. 210. EVALUATION. 

(a) IN GENERAL.—The Secretary shall conduct a national 

evaluation of the program of grants to States authorized by this 

title. 

(b) PURPOSE.— (1) IN GENERAL.—The Secretary shall conduct the evaluation under subsection (a) to assess the status and effects of 

State efforts to develop and implement, or expand and enhance, 

statewide systems of family support services for families of 

children with disabilities in a manner consistent with the provisions of this title. In particular, the Secretary shall assess 

the impact of such efforts on families of children with disabilities, and recommend amendments to this title that are necessary to assist States to accomplish fully the purposes of 

this title. 

(2) INFORMATION SYSTEMS.—The Secretary shall work with 

the States to develop an information system designed to compile 

and report, from information provided by the States, qualitative 

and quantitative descriptions of the impact of the program 

of grants to States authorized by this title on— 

(A) families of children with disabilities, including 

families from unserved and underserved populations; 

(B) access to and funding for family support services 

for families of children with disabilities; 

(C) interagency coordination and collaboration between 

agencies responsible for providing the services; and 

(D) the involvement of families of children with disabilities at all levels of the statewide systems. 

(c) REPORT TO CONGRESS.—Not later than 21⁄2 years after the 

date of enactment of this Act, the Secretary shall prepare and 

submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under this section. 

SEC. 211. PROJECTS OF NATIONAL SIGNIFICANCE. 

(a) STUDY BY THE SECRETARY.—The Secretary shall review Federal programs to determine the extent to which such programs 

facilitate or impede access to, provision of, and funding for family 

support services for families of children with disabilities, consistent 

with the policies described in section 202. 

(b) PROJECTS OF NATIONAL SIGNIFICANCE.—The Secretary shall 

make grants or enter into contracts for projects of national significance to support the development of national and State policies 

and practices related to the development and implementation, or 

expansion and enhancement, of family-centered and family-directed 

systems of family support services for families of children with 

disabilities. 

42 USC 15099. 

Deadline. 

42 USC 15100. 

114 STAT. 1734 PUBLIC LAW 106–402—OCT. 30, 2000
 

42 USC 15101. 

42 USC 15111. 

42 USC 15112. 

SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

carry out this title such sums as may be necessary for each of 

fiscal years 2001 through 2007. 

(b) RESERVATION.— 

(1) IN GENERAL.—The Secretary shall reserve for each fiscal 

year 10 percent, or $400,000 (whichever is greater), of the 

amount appropriated pursuant to subsection (a) to carry out— 

(A) section 209 (relating to the provision of technical 

assistance and information to States); and 

(B) section 210 (relating to the conduct of evaluations). 

(2) SPECIAL RULE.—For each year that the amount appropriated pursuant to subsection (a) is $10,000,000 or greater, 

the Secretary may reserve 5 percent of such amount to carry 

out section 211. 

TITLE III—PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES 

SEC. 301. FINDINGS. 

Congress finds that— 

(1) direct support workers, especially young adults, have 

played essential roles in providing the support needed by 

individuals with developmental disabilities and expanding 

community options for those individuals; 

(2) 4 factors have contributed to a decrease in the available 

pool of direct support workers, specifically— 

(A) the small population of individuals who are age 

18 through 25, an age group that has been attracted to 

direct support work in the past; 

(B) the rapid expansion of the service sector, which 

attracts individuals who previously would have elected to 

pursue employment as direct support workers; 

(C) the failure of wages in the human services sector 

to keep pace with wages in other service sectors; and 

(D) the lack of quality training and career advancement 

opportunities available to direct support workers; and 

(3) individuals with developmental disabilities benefit from 

assistance from direct support workers who are well trained, 

and benefit from receiving services from professionals who have 

spent time as direct support workers. 

SEC. 302. DEFINITIONS. 

In this title: 

(1) DEVELOPMENTAL DISABILITY.—The term ‘‘developmental 

disability’’ has the meaning given the term in section 102. 

(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term 

in section 1201 of the Higher Education Act of 1965 (20 U.S.C. 

1141). 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Health and Human Services. 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1735
 

SEC. 303. REACHING UP SCHOLARSHIP PROGRAM. 

(a) PROGRAM AUTHORIZATION.—The Secretary may award 

grants to eligible entities, on a competitive basis, to enable the 

entities to carry out scholarship programs by providing vouchers 

for postsecondary education to direct support workers who assist 

individuals with developmental disabilities residing in diverse settings. The Secretary shall award the grants to pay for the Federal 

share of the cost of providing the vouchers. 

(b) ELIGIBLE ENTITY.—To be eligible to receive a grant under 

this section, an entity shall be— 

(1) an institution of higher education; 

(2) a State agency; or 

(3) a consortium of such institutions or agencies. 

(c) APPLICATION REQUIREMENTS.—To be eligible to receive a 

grant under this section, an eligible entity shall submit to the 

Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including 

a description of— 

(1) the basis for awarding the vouchers; 

(2) the number of individuals to receive the vouchers; and 

(3) the amount of funds that will be made available by 

the eligible entity to pay for the non-Federal share of the 

cost of providing the vouchers. 

(d) SELECTION CRITERIA.—In awarding a grant under this section for a scholarship program, the Secretary shall give priority 

to an entity submitting an application that— 

(1) specifies that individuals who receive vouchers through 

the program will be individuals— 

(A) who are direct support workers who assist individuals with developmental disabilities residing in diverse 

settings, while pursuing postsecondary education; and 

(B) each of whom verifies, prior to receiving the 

voucher, that the worker has completed 250 hours as a 

direct support worker in the past 90 days; 

(2) states that the vouchers that will be provided through 

the program will be in amounts of not more than $2,000 per 

year; 

(3) provides an assurance that the eligible entity (or 

another specified entity that is not a voucher recipient) will 

contribute the non-Federal share of the cost of providing the 

vouchers; and 

(4) meets such other conditions as the Secretary may 

specify. 

(e) FEDERAL SHARE.—The Federal share of the cost of providing 

the vouchers shall be not more than 80 percent. 

SEC. 304. STAFF DEVELOPMENT CURRICULUM AUTHORIZATION. 

(a) FUNDING.— 

(1) IN GENERAL.—The Secretary shall award funding, on 

a competitive basis, through a grant, cooperative agreement, 

or contract, to a public or private entity or a combination 

of such entities, for the development, evaluation, and dissemination of a staff development curriculum, and related guidelines, 

for computer-assisted, competency-based, multimedia, interactive instruction, relating to service as a direct support worker. 

(2) PARTICIPANTS.—The curriculum shall be developed for 

individuals who— 

42 USC 15113. 

42 USC 15114. 

114 STAT. 1736 PUBLIC LAW 106–402—OCT. 30, 2000
 

(A) seek to become direct support workers who assist 

individuals with developmental disabilities or are such 

direct support workers; and 

(B) seek to upgrade their skills and competencies 

related to being a direct support worker. 

(b) APPLICATION REQUIREMENTS.—To be eligible to receive an 

award under this section, an entity shall submit to the Secretary 

an application at such time, in such manner, and containing such 

information as the Secretary may require, including— 

(1) a comprehensive analysis of the content of direct support 

roles; 

(2) information identifying an advisory group that— 

(A) is comprised of individuals with experience and 

expertise with regard to the support provided by direct 

support workers, and effective ways to provide the support, 

for individuals with developmental disabilities in diverse 

settings; and 

(B) will advise the entity throughout the development, 

evaluation, and dissemination of the staff development curriculum and guidelines; 

(3) information describing how the entity will— 

(A) develop, field test, and validate a staff development 

curriculum that— 

(i) relates to the appropriate reading level for direct 

service workers who assist individuals with disabilities; 

(ii) allows for multiple levels of instruction; 

(iii) provides instruction appropriate for direct support workers who work in diverse settings; and 

(iv) is consistent with subsections (b) and (c) of 

section 101 and section 109; 

(B) develop, field test, and validate guidelines for the 

organizations that use the curriculum that provide for— 

(i) providing necessary technical and instructional 

support to trainers and mentors for the participants; 

(ii) ensuring easy access to and use of such curriculum by workers that choose to participate in using, 

and agencies that choose to use, the curriculum; 

(iii) evaluating the proficiency of the participants 

with respect to the content of the curriculum; 

(iv) providing necessary support to the participants 

to assure that the participants have access to, and 

proficiency in using, a computer in order to participate 

in the development, testing, and validation process; 

(v) providing necessary technical and instructional 

support to trainers and mentors for the participants 

in conjunction with the development, testing, and 

validation process; 

(vi) addressing the satisfaction of participants, 

individuals with developmental disabilities and their 

families, providers of services for such individuals and 

families, and other relevant entities with the curriculum; and 

(vii) developing methods to maintain a record of 

the instruction completed, and the content mastered, 

by each participant under the curriculum; and 

(C) nationally disseminate the curriculum and guidelines, including dissemination through— 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1737
 

(i) parent training and information centers funded 

under part D of the Individuals with Disabilities Education Act (20 U.S.C. 1451 et seq.); 

(ii) community-based organizations of and for 

individuals with developmental disabilities and their 

families; 

(iii) entities funded under title I; 

(iv) centers for independent living; 

(v) State educational agencies and local educational agencies; 

(vi) entities operating appropriate medical facilities; 

(vii) postsecondary education entities; and 

(viii) other appropriate entities; and 

(4) such other information as the Secretary may require. 

SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 

(a) SCHOLARSHIPS.—There are authorized to be appropriated 

to carry out section 303 $800,000 for fiscal year 2001 and such 

sums as may be necessary for each of fiscal years 2002 through 

2007. 

(b) STAFF DEVELOPMENT CURRICULUM.—There are authorized 

to be appropriated to carry out section 304 $800,000 for fiscal 

year 2001 and such sums as may be necessary for each of fiscal 

years 2002 and 2003. 

TITLE IV—REPEAL 

SEC. 401. REPEAL. 

(a) IN GENERAL.—The Developmental Disabilities Assistance 

and Bill of Rights Act (42 U.S.C. 6000 et seq.) is repealed. 

(b) CONFORMING AMENDMENTS.— 

(1) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—Sections 644(b)(4) and 685(b)(4) of the Individuals with Disabilities 

Education Act (20 U.S.C. 1444(b)(4), 1484a(b)(4)) are amended 

by striking ‘‘the Developmental Disabilities Assistance and Bill 

of Rights Act’’ and inserting ‘‘the Developmental Disabilities 

Assistance and Bill of Rights Act of 2000’’. 

(2) NATIVE AMERICAN HOUSING ASSISTANCE AND SELFDETERMINATION ACT OF 1996.—Section 4(17)(C) of the Native 

American Housing Assistance and Self-Determination Act of 

1996 (25 U.S.C. 4103(17)(C)) is amended by striking ‘‘as defined 

in’’ and all that follows and inserting ‘‘as defined in section 

102 of the Developmental Disabilities Assistance and Bill of 

Rights Act of 2000.’’. 

(3) REHABILITATION ACT OF 1973.—(A) Section 105(c)(6) of 

the Rehabilitation Act of 1973 (29 U.S.C. 725(c)(6)) is amended 

by striking ‘‘the State Developmental Disabilities Council 

described in section 124 of the Developmental Disabilities 

Assistance and Bill of Rights Act (42 U.S.C. 6024)’’ and 

inserting ‘‘the State Council on Developmental Disabilities 

established under section 125 of the Developmental Disabilities 

Assistance and Bill of Rights Act of 2000’’. 

(B) Sections 202(h)(2)(D)(iii) and 401(a)(5)(A) of the 

Rehabilitation Act of 1973 (29 U.S.C. 762(h)(2)(D)(iii), 

42 USC 15115. 

20 USC 1485. 

114 STAT. 1738
 PUBLIC LAW 106–402—OCT. 30, 2000 

781(a)(5)(A)) are amended by striking ‘‘Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et 

seq.)’’ and inserting ‘‘Developmental Disabilities Assistance and 

Bill of Rights Act of 2000’’. 

(C) Subsections (a)(1)(B)(i), (f)(2), and (m)(1) of section 509 

of the Rehabilitation Act of 1973 (29 U.S.C. 794e) are amended 

by striking ‘‘part C of the Developmental Disabilities Assistance 

and Bill of Rights Act (42 U.S.C. 6041 et seq.)’’ and inserting 

‘‘subtitle C of the Developmental Disabilities Assistance and 

Bill of Rights Act of 2000’’. 

(D) Section 509(f)(5)(B) of the Rehabilitation Act of 1973 

(29 U.S.C. 794e(f)(5)(B)) is amended by striking ‘‘Developmental 

Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 

et seq.)’’ and inserting ‘‘Developmental Disabilities Assistance 

and Bill of Rights Act of 2000’’. 

(4) ASSISTIVE TECHNOLOGY ACT OF 1998.—(A) Section 

3(a)(11)(A) of the Assistive Technology Act of 1998 (29 U.S.C. 

3002(a)(11)(A)) is amended by striking ‘‘part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 

6041 et seq.)’’ and inserting ‘‘subtitle C of the Developmental 

Disabilities Assistance and Bill of Rights Act of 2000’’. 

(B) Paragraphs (1) and (2) of section 102(a) of the Assistive 

Technology Act of 1998 (29 U.S.C. 3012(a)) are amended by 

striking ‘‘Developmental Disabilities Assistance and Bill of 

Rights Act (42 U.S.C. 6000 et seq.)’’ and inserting ‘‘Developmental Disabilities Assistance and Bill of Rights Act of 2000’’. 

(5) HEALTH PROGRAMS EXTENSION ACT OF 1973.—Section 

401(e) of the Health Programs Extension Act of 1973 (42 U.S.C. 

300a–7(e)) is amended by striking ‘‘or the’’ and all that follows 

through ‘‘may deny’’ and inserting ‘‘or the Developmental 

Disabilities Assistance and Bill of Rights Act of 2000 may 

deny’’. 

(6) SOCIAL SECURITY ACT.—(A) Section 1919(c)(2)(B)(iii)(III) 

of the Social Security Act (42 U.S.C. 1396r(c)(2)(B)(iii)(III)) is 

amended by striking ‘‘part C of the Developmental Disabilities 

Assistance and Bill of Rights Act’’ and inserting ‘‘subtitle C 

of the Developmental Disabilities Assistance and Bill of Rights 

Act of 2000’’. 

(B) Section 1930(d)(7) of the Social Security Act (42 U.S.C. 

1396u(d)(7)) is amended by striking ‘‘State Planning Council 

established under section 124 of the Developmental Disabilities 

Assistance and Bill of Rights Act, and the Protection and 

Advocacy System established under section 142 of such Act’’ 

and inserting ‘‘State Council on Developmental Disabilities 

established under section 125 of the Developmental Disabilities 

Assistance and Bill of Rights Act of 2000 and the protection 

and advocacy system established under subtitle C of that Act’’. 

(7) UNITED STATES HOUSING ACT OF 1937.—Section 

3(b)(3)(E)(iii) of the United States Housing Act of 1937 (42 

U.S.C. 1437a(b)(3)(E)(iii)) is amended by striking ‘‘developmental disability’’ and all that follows and inserting ‘‘developmental disability as defined in section 102 of the Developmental 

Disabilities Assistance and Bill of Rights Act of 2000.’’. 

(8) HOUSING ACT OF 1949.—The third sentence of section 

501(b)(3) of the Housing Act of 1949 (42 U.S.C. 1471(b)(3)) 

is amended by striking ‘‘developmental disability’’ and all that 

follows and inserting ‘‘developmental disability as defined in 

PUBLIC LAW 106–402—OCT. 30, 2000 114 STAT. 1739
 

section 102 of the Developmental Disabilities Assistance and 

Bill of Rights Act of 2000.’’. 

(9) OLDER AMERICANS ACT OF 1965.—(A) Section 203(b)(17) 

of the Older Americans Act of 1965 (42 U.S.C. 3013(b)(17)) 

is amended by striking ‘‘Developmental Disabilities and Bill 

of Rights Act’’ and inserting ‘‘Developmental Disabilities Assistance and Bill of Rights Act of 2000’’. 

(B) Section 427(a) of the Older Americans Act of 1965 

(42 U.S.C. 3035f(a)) is amended by striking ‘‘part A of the 

Developmental Disabilities Assistance and Bill of Rights Act 

(42 U.S.C. 6001 et seq.)’’ and inserting ‘‘subtitle C of the 

Developmental Disabilities Assistance and Bill of Rights Act 

of 2000’’. 

(C) Section 429F(a)(1) of the Older Americans Act of 1965 

(42 U.S.C. 3035n(a)(1)) is amended by striking ‘‘section 102(5) 

of the Developmental Disabilities Assistance and Bill of Rights 

Act (42 U.S.C. 6001(5))’’ and inserting ‘‘section 102 of the 

Developmental Disabilities Assistance and Bill of Rights Act 

of 2000’’. 

(D) Section 712(h)(6)(A) of the Older Americans Act of 

1965 (42 U.S.C. 3058g(h)(6)(A)) is amended by striking ‘‘part 

A of the Developmental Disabilities Assistance and Bill of 

Rights Act (42 U.S.C. 6001 et seq.)’’ and inserting ‘‘subtitle 

C of the Developmental Disabilities Assistance and Bill of 

Rights Act of 2000’’. 

(10) CRIME VICTIMS WITH DISABILITIES AWARENESS ACT.— 

Section 3 of the Crime Victims With Disabilities Awareness 

Act (42 U.S.C. 3732 note) is amended by striking ‘‘term’’ and 

all that follows and inserting the following ‘‘term in section 

102 of the Developmental Disabilities Assistance and Bill of 

Rights Act of 2000.’’. 

(11) CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING 

ACT.—The third sentence of section 811(k)(2) of the CranstonGonzalez National Affordable Housing Act (42 U.S.C. 

8013(k)(2)) is amended by striking ‘‘as defined’’ and all that 

follows and inserting ‘‘as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.’’. 

(12) STATE DEPENDENT CARE DEVELOPMENT GRANTS ACT.— 

Section 670G(3) of the State Dependent Care Development 

Grants Act (42 U.S.C. 9877(3)) is amended by striking ‘‘section 

102(7) of the Developmental Disabilities Assistance and Bill 

of Rights Act’’ and inserting ‘‘section 102 of the Developmental 

Disabilities Assistance and Bill of Rights Act of 2000’’. 

(13) PROTECTION AND ADVOCACY FOR MENTALLY ILL INDIVIDUALS ACT OF 1986.—(A) Section 102(2) of the Protection and 

Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 

10802(2)) is amended by striking ‘‘part C of the Developmental 

Disabilities Assistance and Bill of Rights Act’’ and inserting 

‘‘subtitle C of the Developmental Disabilities Assistance and 

Bill of Rights Act of 2000’’. 

(B) Section 114 of the Protection and Advocacy for Mentally 

Ill Individuals Act of 1986 (42 U.S.C. 10824) is amended by 

striking ‘‘section 107(c) of the Developmental Disabilities Assistance and Bill of Rights Act’’ and inserting ‘‘section 105 of 

the Developmental Disabilities Assistance and Bill of Rights 

Act of 2000’’. 

114 STAT. 1740 PUBLIC LAW 106–402—OCT. 30, 2000 

(14) STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT.— Section 422(2)(C) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11382(2)(C)) is amended by striking ‘‘as 

defined’’ and all that follows and inserting ‘‘as defined in section 

102 of the Developmental Disabilities Assistance and Bill of 

Rights Act of 2000, or’’. 

(15) ASSISTED SUICIDE FUNDING RESTRICTION ACT OF 1997.— 

(A) Section 4 of the Assisted Suicide Funding Restriction Act 

of 1997 (42 U.S.C. 14403) is amended— 

(i) by striking the section heading and inserting the 

following: 

‘‘SEC. 4. RESTRICTION ON USE OF FEDERAL FUNDS UNDER CERTAIN 

GRANT PROGRAMS.’’; 

and 

(ii) by striking ‘‘part B, D, or E of the Developmental 

Disabilities Assistance and Bill of Rights Act’’ and inserting 

‘‘subtitle B, D, or E of the Developmental Disabilities 

Assistance and Bill of Rights Act of 2000’’. 

(B) Section 5(b)(1) of the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14404(b)(1)) is amended by striking 

subparagraph (A) and inserting the following: 

‘‘(A) PROTECTION AND ADVOCACY SYSTEMS UNDER THE 

DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF 

RIGHTS ACT OF 2000.—Subtitle C of the Developmental 

Disabilities Assistance and Bill of Rights Act of 2000.’’. 

Approved October 30, 2000. 

LEGISLATIVE HISTORY—S. 1809 (H.R. 4920): 

CONGRESSIONAL RECORD: 

Vol. 145 (1999): Nov. 8, considered and passed Senate. 

Vol. 146 (2000): Oct. 11, considered and passed House. 

Æ