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[106th Congress Public Law 402]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ402.106]

[[Page 114 STAT. 1677]]

Public Law 106-402
106th Congress

                                 An Act

 
      To improve service systems for <<NOTE: Oct. 30, 2000 -  [S. 
   1809]>> individuals with developmental disabilities, and for other 
                                purposes.

    Be it enacted by the Senate and House of <<NOTE: Developmental 
Disabilities Assistance and Bill of Rights Act of 
2000.>> Representatives of the United States of America in Congress 
assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 42 USC 15001 note.>> 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. 

[[Page 114 STAT. 1678]]

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

SEC. 101. <<NOTE: 42 USC 15001.>> 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,

[[Page 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;

[[Page 114 STAT. 1680]]

                    (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 
                family-centered, 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

[[Page 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

[[Page 114 STAT. 1682]]

        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 community-based 
        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. <<NOTE: 42 USC 15002.>> 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 care-related 
        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

[[Page 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 care-
        related 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-of-school 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;

[[Page 114 STAT. 1684]]

                          (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 self-
        employment, 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.

[[Page 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 ``health-related 
        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 ``housing-related 
        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;

[[Page 114 STAT. 1686]]

                          (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 consumer- and 
        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--

[[Page 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 ``self-
        determination 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.

[[Page 114 STAT. 1688]]

            (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. <<NOTE: 42 USC 15003.>> 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. <<NOTE: 42 USC 15004.>> RESPONSIBILITIES OF THE SECRETARY.

    (a) Program Accountability.--

[[Page 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 self-determination, 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 <<NOTE: Deadline. Federal Register, 
                publication.>> 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 <<NOTE: Deadline. Federal 
                Register, publication.>> 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;

[[Page 114 STAT. 1690]]

                                    (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 <<NOTE: Deadline.>> 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 <<NOTE: Federal 
        Register, publication. Deadline.>> 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. <<NOTE: 42 USC 15005.>> REPORTS OF THE SECRETARY.

    At least once every 2 years, the Secretary, using information 
submitted in the reports and information required under subtitles

[[Page 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. <<NOTE: 42 USC 15006.>> STATE CONTROL OF OPERATIONS.

    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. <<NOTE: 42 USC 15007.>> EMPLOYMENT OF INDIVIDUALS WITH 
            DISABILITIES.

    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

[[Page 114 STAT. 1692]]

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. <<NOTE: 42 USC 15008.>> 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 <<NOTE: 42 USC 15009.>> 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,

[[Page 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. <<NOTE: 42 USC 15021.>> PURPOSE.

    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. <<NOTE: 42 USC 15022.>> STATE ALLOTMENTS.

    (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.

[[Page 114 STAT. 1694]]

                    (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 <<NOTE: Deadline.>> 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.

[[Page 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.

[[Page 114 STAT. 1696]]

            (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.
SEC. 123. PAYMENTS <<NOTE: 42 USC 15023.>> 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.

SEC. 124. <<NOTE: 42 USC 15024.>> 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--

[[Page 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

[[Page 114 STAT. 1698]]

                      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.--

[[Page 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.

[[Page 114 STAT. 1700]]

                    (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).

[[Page 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 <<NOTE: 42 USC 15025.>> 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

[[Page 114 STAT. 1702]]

                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

[[Page 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 
                self-advocacy 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).

[[Page 114 STAT. 1704]]

                    (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,

[[Page 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.

[[Page 114 STAT. 1706]]

                    (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.

[[Page 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

[[Page 114 STAT. 1708]]

        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

[[Page 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 non-
                State 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)

[[Page 114 STAT. 1710]]

                      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. <<NOTE: 42 USC 15026.>> 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

[[Page 114 STAT. 1711]]

                provide support services to the Council pursuant to 
                section 125(d)(4), may be counted as part of such 
                State's non-Federal share of the cost of projects 
                supported under this subtitle.
            (3) Variations of the non-federal share.--The non-Federal 
        share required of each recipient of a grant from a Council under 
        this subtitle may vary.
SEC. 127. <<NOTE: 42 USC 15027.>> 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. <<NOTE: 42 USC 15028.>> 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.

[[Page 114 STAT. 1712]]

    (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. <<NOTE: 42 USC 15029.>> 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. <<NOTE: 42 USC 15041.>> 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. <<NOTE: 42 USC 15042.>> 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

[[Page 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

[[Page 114 STAT. 1714]]

                    (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. <<NOTE: 42 USC 15043.>> 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

[[Page 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;

[[Page 114 STAT. 1716]]

                                    (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;

[[Page 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. <<NOTE: 42 USC 15044.>> 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;

[[Page 114 STAT. 1718]]

            (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.

SEC. 145. <<NOTE: 42 USC 15045.>> 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.

[[Page 114 STAT. 1719]]

  Subtitle D--National Network of University Centers for Excellence in 
       Developmental Disabilities Education, Research, and Service

SEC. 151. <<NOTE: 42 USC 15061.>> 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. <<NOTE: 42 USC 15062.>> 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

[[Page 114 STAT. 1720]]

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. <<NOTE: 42 USC 15063.>> 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.

[[Page 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 state-
        of-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.

[[Page 114 STAT. 1722]]

SEC. 154. <<NOTE: 42 USC 15064.>> 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 goal-
                related 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

[[Page 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

[[Page 114 STAT. 1724]]

        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

[[Page 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. <<NOTE: 42 USC 15065.>> 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. <<NOTE: 42 USC 15066.>> 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. <<NOTE: 42 USC 15081.>> PURPOSE.

    The purpose of this subtitle is to provide grants, contracts, or 
cooperative agreements for projects of national significance that--

[[Page 114 STAT. 1726]]

            (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.

[[Page 114 STAT. 1727]]

SEC. 162. <<NOTE: 42 USC 15082.>> 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. <<NOTE: 42 USC 15083.>> 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

[[Page 114 STAT. 1728]]

        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 <<NOTE: Families of Children With Disabilities Support 
Act of 2000.>> SUPPORT

SEC. 201. <<NOTE: 42 USC 15001 note.>> SHORT TITLE.

    This title may be cited as the ``Families of Children With 
Disabilities Support Act of 2000''.

SEC. 202. <<NOTE: 42 USC 15091.>> 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

[[Page 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. <<NOTE: 42 USC 15092.>> DEFINITIONS AND SPECIAL RULE.

    (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

[[Page 114 STAT. 1730]]

                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. <<NOTE: 42 USC 15093.>> 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.

[[Page 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. <<NOTE: 42 USC 15094.>> APPLICATION.

    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 family-directed.

SEC. 206. <<NOTE: 42 USC 15095.>> DESIGNATION OF THE LEAD ENTITY.

    (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--

[[Page 114 STAT. 1732]]

            (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.

SEC. 207. <<NOTE: 42 USC 15096.>> 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.

SEC. 208. <<NOTE: 42 USC 15097.>> 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.

SEC. 209. <<NOTE: 42 USC 15098.>> TECHNICAL ASSISTANCE.

    (a) In General.--The <<NOTE: Contracts.>> 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

[[Page 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. <<NOTE: 42 USC 15099.>> 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 <<NOTE: Deadline.>> later than 2\1/2\ 
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. <<NOTE: 42 USC 15100.>> 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.

[[Page 114 STAT. 1734]]

SEC. 212. <<NOTE: 42 USC 15101.>> 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. <<NOTE: 42 USC 15111.>> 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. <<NOTE: 42 USC 15112.>> 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.

[[Page 114 STAT. 1735]]

SEC. 303. <<NOTE: 42 USC 15113.>> 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. <<NOTE: 42 USC 15114.>> 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--

[[Page 114 STAT. 1736]]

                    (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--

[[Page 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. <<NOTE: 42 USC 15115.>> 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), <<NOTE: 20 USC 
        1485.>> 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 self-
        determination 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),

[[Page 114 STAT. 1738]]

        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

[[Page 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 Cranston-Gonzalez 
        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''.

[[Page 114 STAT. 1740]]

            (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.

                                  <all>
```