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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1809 Reported in Senate (RS)]

                                                       Calendar No. 387

106th CONGRESS

  1st Session

                                S. 1809

_______________________________________________________________________

                                 A BILL

     To improve service systems for individuals with developmental 
                 disabilities, and for other purposes.

_______________________________________________________________________

                            November 4, 1999

                       Reported with an amendment
                                                       Calendar No. 387
106th CONGRESS
  1st Session
                                S. 1809

     To improve service systems for individuals with developmental 
                 disabilities, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 27, 1999

  Mr. Jeffords (for himself, Mr. Kennedy, Mr. Harkin, Mr. Frist, Ms. 
 Collins, Mr. Wellstone, Mr. Reed, Mr. Dodd, Mrs. Murray and Mr. Enzi) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

                            November 4, 1999

              Reported by Mr. Jeffords, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
     To improve service systems for individuals with developmental 
                 disabilities, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Developmental Disabilities Assistance and Bill of Rights Act of 
1999''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
     <DELETED>TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL 
                              DISABILITIES

                <DELETED>Subtitle A--General Provisions

<DELETED>Sec. 101. Findings, purposes, and policy.
<DELETED>Sec. 102. Definitions.
<DELETED>Sec. 103. Records and audits.
<DELETED>Sec. 104. Responsibilities of the Secretary.
<DELETED>Sec. 105. Reports of the Secretary.
<DELETED>Sec. 106. State control of operations.
<DELETED>Sec. 107. Employment of individuals with disabilities.
<DELETED>Sec. 108. Construction.
<DELETED>Sec. 109. Rights of individuals with developmental 
                            disabilities.
     <DELETED>Subtitle B--Federal Assistance to State Councils on 
                       Developmental Disabilities

<DELETED>Sec. 121. Purpose.
<DELETED>Sec. 122. State allotments.
<DELETED>Sec. 123. Payments to the States for planning, administration, 
                            and services.
<DELETED>Sec. 124. State plan.
<DELETED>Sec. 125. State Councils on Developmental Disabilities and 
                            designated State agencies.
<DELETED>Sec. 126. Federal and non-Federal share.
<DELETED>Sec. 127. Withholding of payments for planning, 
                            administration, and services.
<DELETED>Sec. 128. Appeals by States.
<DELETED>Sec. 129. Authorization of appropriations.
   <DELETED>Subtitle C--Protection and Advocacy of Individual Rights

<DELETED>Sec. 141. Purpose.
<DELETED>Sec. 142. Allotments and payments.
<DELETED>Sec. 143. System required.
<DELETED>Sec. 144. Administration.
<DELETED>Sec. 145. Authorization of appropriations.
    <DELETED>Subtitle D--National Network of University Centers for 
   Excellence in Developmental Disabilities Education, Research, and 
                                Service

<DELETED>Sec. 151. Grant authority.
<DELETED>Sec. 152. Grant awards.
<DELETED>Sec. 153. Purpose and scope of activities.
<DELETED>Sec. 154. Applications. 
<DELETED>Sec. 155. Definition.
<DELETED>Sec. 156. Authorization of appropriations.
         <DELETED>Subtitle E--Projects of National Significance

<DELETED>Sec. 161. Purpose.
<DELETED>Sec. 162. Grant authority.
<DELETED>Sec. 163. Authorization of appropriations.
                   <DELETED>TITLE II--FAMILY SUPPORT

<DELETED>Sec. 201. Short title.
<DELETED>Sec. 202. Findings, purposes, and policy.
<DELETED>Sec. 203. Definitions and special rule.
<DELETED>Sec. 204. Grants to States.
<DELETED>Sec. 205. Application.
<DELETED>Sec. 206. Designation of the lead entity.
<DELETED>Sec. 207. Authorized activities.
<DELETED>Sec. 208. Reporting.
<DELETED>Sec. 209. Technical assistance.
<DELETED>Sec. 210. Evaluation.
<DELETED>Sec. 211. Projects of national significance.
<DELETED>Sec. 212. Authorization of appropriations.
   <DELETED>TITLE III--PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST 
              INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

<DELETED>Sec. 301. Findings.
<DELETED>Sec. 302. Definitions.
<DELETED>Sec. 303. Reaching up scholarship program.
<DELETED>Sec. 304. Staff development curriculum authorization.
<DELETED>Sec. 305. Authorization of appropriations.
                       <DELETED>TITLE IV--REPEAL

<DELETED>Sec. 401. Repeal.

     <DELETED>TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL 
                         DISABILITIES</DELETED>

           <DELETED>Subtitle A--General Provisions</DELETED>

<DELETED>SEC. 101. FINDINGS, PURPOSES, AND POLICY.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) in 1999, there are 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;</DELETED>
        <DELETED>    (3) individuals whose disabilities occur during 
        their developmental period frequently have severe disabilities 
        that are likely to continue indefinitely;</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (5) individuals with developmental disabilities 
        are at greater risk than the general population of abuse, 
        neglect, financial and sexual exploitation, and the violation 
        of their legal and human rights;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (10) current research indicates that 88 percent of 
        individuals with developmental disabilities live with their 
        families or in their own households;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (12) in almost every State, individuals with 
        developmental disabilities are waiting for appropriate services 
        in their communities, in the areas of emphasis;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (15) there needs to be greater effort to recruit 
        individuals from minority backgrounds into professions serving 
        individuals with developmental disabilities and their 
        families;</DELETED>
        <DELETED>    (16) the goals of the Nation properly include a 
        goal of providing individuals with developmental disabilities 
        with the information, skills, opportunities, and support to--
        </DELETED>
                <DELETED>    (A) make informed choices and decisions 
                about their lives;</DELETED>
                <DELETED>    (B) live in homes and communities in which 
                such individuals can exercise their full rights and 
                responsibilities as citizens;</DELETED>
                <DELETED>    (C) pursue meaningful and productive 
                lives;</DELETED>
                <DELETED>    (D) contribute to their families, 
                communities, and States, and the Nation;</DELETED>
                <DELETED>    (E) have interdependent friendships and 
                relationships with other persons;</DELETED>
                <DELETED>    (F) live free of abuse, neglect, financial 
                and sexual exploitation, and violations of their legal 
                and human rights; and</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) State Councils on Developmental Disabilities 
        in each State to engage in advocacy, capacity building, and 
        systemic change activities that--</DELETED>
                <DELETED>    (A) are consistent with the purpose 
                described in this subsection and the policy described 
                in subsection (c); and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (2) protection and advocacy systems in each State 
        to protect the legal and human rights of individuals with 
        developmental disabilities;</DELETED>
        <DELETED>    (3) University Centers for Excellence in 
        Developmental Disabilities Education, Research, and Service--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) to provide community services--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) that may provide services, 
                        supports, and assistance for the persons 
                        described in clause (i) through demonstration 
                        and model activities;</DELETED>
                <DELETED>    (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 or negatively, individuals with 
                developmental disabilities and their families; 
                and</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (4) funding for--</DELETED>
                <DELETED>    (A) national initiatives to collect 
                necessary data on issues that are directly or 
                indirectly relevant to the lives of individuals with 
                developmental disabilities;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) other nationally significant 
                activities.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) services, supports, and other assistance 
        should be provided in a manner that demonstrates respect for 
        individual dignity, personal preferences, and cultural 
        differences;</DELETED>
        <DELETED>    (5) specific efforts must be made to ensure that 
        individuals 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;</DELETED>
        <DELETED>    (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 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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 102. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 functional capabilities of individuals with 
        developmental disabilities.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) purchasing, leasing, or otherwise 
                providing for the acquisition of an assistive 
                technology device by an individual with a developmental 
                disability;</DELETED>
                <DELETED>    (C) selecting, designing, fitting, 
                customizing, adapting, applying, maintaining, repairing 
                or replacing an assistive technology device;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (5) Center.--The term ``Center'' means a 
        University Center for Excellence in Developmental Disabilities 
        Education, Research, and Service established under subtitle 
        D.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) Developmental disability.--</DELETED>
                <DELETED>    (A) In general.--The term ``developmental 
                disability'' means a severe, chronic disability of an 
                individual that--</DELETED>
                        <DELETED>    (i) is attributable to a mental or 
                        physical impairment or combination of mental 
                        and physical impairments;</DELETED>
                        <DELETED>    (ii) is manifested before the 
                        individual attains age 22;</DELETED>
                        <DELETED>    (iii) is likely to continue 
                        indefinitely;</DELETED>
                        <DELETED>    (iv) results in substantial 
                        functional limitations in 3 or more of the 
                        following areas of major life 
                        activity:</DELETED>
                                <DELETED>    (I) Self-care.</DELETED>
                                <DELETED>    (II) Receptive and 
                                expressive language.</DELETED>
                                <DELETED>    (III) Learning.</DELETED>
                                <DELETED>    (IV) Mobility.</DELETED>
                                <DELETED>    (V) Self-
                                direction.</DELETED>
                                <DELETED>    (VI) Capacity for 
                                independent living.</DELETED>
                                <DELETED>    (VII) Economic self-
                                sufficiency; and</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the development of the individuals to 
                maximize their potential; and</DELETED>
                <DELETED>    (B) the capacity of families to meet the 
                special needs of the individuals.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (12) Family support services.--</DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (i) strengthen the family's role 
                        as primary caregiver;</DELETED>
                        <DELETED>    (ii) prevent inappropriate out-of-
                        the-home placement of the members and maintain 
                        family unity; and</DELETED>
                        <DELETED>    (iii) reunite families with 
                        members who have been placed out of the home 
                        whenever possible.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) have friendships and relationships 
                with individuals and families of their own 
                choice;</DELETED>
                <DELETED>    (B) live in homes close to community 
                resources, with regular contact with individuals 
                without disabilities in their communities;</DELETED>
                <DELETED>    (C) enjoy full access to and active 
                participation in the same community activities and 
                types of employment as individuals without 
                disabilities; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (16) Individualized supports.--The term 
        ``individualized supports'' means supports that--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) are designed to--</DELETED>
                        <DELETED>    (i) enable such individual to 
                        control such individual's environment, 
                        permitting the most independent life 
                        possible;</DELETED>
                        <DELETED>    (ii) prevent placement into a more 
                        restrictive living arrangement than is 
                        necessary; and</DELETED>
                        <DELETED>    (iii) enable such individual to 
                        live, learn, work, and enjoy life in the 
                        community; and</DELETED>
                <DELETED>    (C) include--</DELETED>
                        <DELETED>    (i) early intervention 
                        services;</DELETED>
                        <DELETED>    (ii) respite care;</DELETED>
                        <DELETED>    (iii) personal assistance 
                        services;</DELETED>
                        <DELETED>    (iv) family support 
                        services;</DELETED>
                        <DELETED>    (v) supported employment 
                        services;</DELETED>
                        <DELETED>    (vi) support services for families 
                        headed by aging caregivers of individuals with 
                        developmental disabilities; and</DELETED>
                        <DELETED>    (vii) provision of rehabilitation 
                        technology and assistive technology, and 
                        assistive technology services.</DELETED>
        <DELETED>    (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 
        citizens.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) eliminate or reduce the factors that 
                cause or predispose individuals to developmental 
                disabilities or that increase the prevalence of 
                developmental disabilities;</DELETED>
                <DELETED>    (B) increase the early identification of 
                problems to eliminate circumstances that create or 
                increase functional limitations; and</DELETED>
                <DELETED>    (C) mitigate against the effects of 
                developmental disabilities throughout the lifespan of 
                an individual.</DELETED>
        <DELETED>    (21) Productivity.--The term ``productivity'' 
        means--</DELETED>
                <DELETED>    (A) engagement in income-producing work 
                that is measured by increased income, improved 
                employment status, or job advancement; or</DELETED>
                <DELETED>    (B) engagement in work that contributes to 
                a household or community.</DELETED>
        <DELETED>    (22) Protection and advocacy system.--The term 
        ``protection and advocacy system'' means a protection and 
        advocacy system established in accordance with section 
        143.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) include monitoring of services, 
                supports, and assistance provided to an individual with 
                developmental disabilities that ensures that the 
                individual--</DELETED>
                        <DELETED>    (i) will not experience abuse, 
                        neglect, sexual or financial exploitation, or 
                        violation of legal or human rights; 
                        and</DELETED>
                        <DELETED>    (ii) will not be subject to the 
                        inappropriate use of restraints or 
                        seclusion;</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) will not experience abuse, 
                        neglect, sexual or financial exploitation, or 
                        violation of legal or human rights; 
                        and</DELETED>
                        <DELETED>    (ii) will not be subject to the 
                        inappropriate use of restraints or seclusion; 
                        or</DELETED>
                <DELETED>    (C) includes 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (26) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.</DELETED>
        <DELETED>    (27) Self-determination activities.--The term 
        ``self-determination activities'' means activities that result 
        in individuals with developmental disabilities, with 
        appropriate assistance, having--</DELETED>
                <DELETED>    (A) the ability and opportunity to 
                communicate and make personal decisions;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) the authority to control resources to 
                obtain needed services, supports, and other 
                assistance;</DELETED>
                <DELETED>    (D) opportunities to participate in, and 
                contribute to, their communities; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (29) State council on developmental 
        disabilities.--The term ``State Council on Developmental 
        Disabilities'' means a Council established under section 
        125.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A)(i) for whom competitive employment has 
                not traditionally occurred; or</DELETED>
                <DELETED>    (ii) for whom competitive employment has 
                been interrupted or intermittent as a result of 
                significant disabilities; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 103. RECORDS AND AUDITS.</DELETED>

<DELETED>    (a) Records.--Each recipient of assistance under this 
title shall keep such records as the Secretary shall prescribe, 
including--</DELETED>
        <DELETED>    (1) records that fully disclose--</DELETED>
                <DELETED>    (A) the amount and disposition by such 
                recipient of the assistance;</DELETED>
                <DELETED>    (B) the total cost of the project or 
                undertaking in connection with which such assistance is 
                given or used; and</DELETED>
                <DELETED>    (C) the amount of that portion of the cost 
                of the project or undertaking that is supplied by other 
                sources; and</DELETED>
        <DELETED>    (2) such other records as will facilitate an 
        effective audit.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 104. RESPONSIBILITIES OF THE SECRETARY.</DELETED>

<DELETED>    (a) Program Accountability.--</DELETED>
        <DELETED>    (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, 
        2000.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Indicators of progress.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Proposed indicators.--Not later than 
                180 days after the date of enactment of this Act, the 
                Secretary shall develop and publish in the Federal 
                Register for public comment proposed indicators of 
                progress for monitoring how entities described in 
                paragraph (1) have addressed the areas of emphasis 
                described in paragraph (2) in a manner that is 
                responsive to the purpose of this title and consistent 
                with the policy described in section 101(c).</DELETED>
                <DELETED>    (C) Final indicators.--Not later than 
                October 1, 2000, 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.</DELETED>
                <DELETED>    (D) Specific measures.--At a minimum, the 
                indicators of progress shall be used to describe and 
                measure--</DELETED>
                        <DELETED>    (i) the satisfaction of 
                        individuals with developmental disabilities 
                        with the advocacy, capacity building, and 
                        systemic change activities provided under 
                        subtitles B, C, and D;</DELETED>
                        <DELETED>    (ii) the extent to which the 
                        advocacy, capacity building, and systemic 
                        change activities provided through subtitles B, 
                        C, and D result in improvements in--</DELETED>
                                <DELETED>    (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;</DELETED>
                                <DELETED>    (II) the ability of 
                                individuals with developmental 
                                disabilities to participate in the full 
                                range of community life with persons of 
                                the individuals' choice; and</DELETED>
                                <DELETED>    (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</DELETED>
                        <DELETED>    (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).</DELETED>
        <DELETED>    (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 2001 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, 2000.</DELETED>
<DELETED>    (b) Time Line for Regulations.--Except as otherwise 
expressly provided in this title, the Secretary, not later than 1 year 
after the date of enactment of this Act, shall promulgate such 
regulations as may be required for the implementation of this 
title.</DELETED>
<DELETED>    (c) Interagency Committee.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Composition.--The interagency committee shall 
        be composed of representatives of--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) such other Federal departments and 
                agencies as the Secretary of Health and Human Services 
                considers to be appropriate.</DELETED>
        <DELETED>    (3) Duties.--Such interagency committee shall meet 
        regularly to coordinate and plan activities conducted by 
        Federal departments and agencies for persons with developmental 
        disabilities.</DELETED>
        <DELETED>    (4) Meetings.--Each meeting of the interagency 
        committee (except for any meetings of any subcommittees of the 
        committee) shall be open to the public. Notice of each meeting, 
        and a statement of the agenda for the meeting, shall be 
        published in the Federal Register not later than 14 days before 
        the date on which the meeting is to occur.</DELETED>

<DELETED>SEC. 105. REPORTS OF THE SECRETARY.</DELETED>

<DELETED>    At least once every 2 years, the Secretary, using 
information submitted in the reports and information required under 
subtitles 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--
</DELETED>
        <DELETED>    (1) meaningful examples of how the councils, 
        protection and advocacy systems, centers, and entities funded 
        under subtitles B, C, D, and E, respectively--</DELETED>
                <DELETED>    (A) have undertaken coordinated activities 
                with each other;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) have brought about advocacy, capacity 
                building, and systemic change activities that affect 
                individuals with disabilities other than individuals 
                with developmental disabilities;</DELETED>
        <DELETED>    (2) information on the extent to which programs 
        authorized under this title have addressed--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) reports of deaths of and serious 
                injuries to individuals with developmental 
                disabilities; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 106. STATE CONTROL OF OPERATIONS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH 
              DISABILITIES.</DELETED>

<DELETED>    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 U.S.C. 791 et seq.) 
and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.), that govern employment.</DELETED>

<DELETED>SEC. 108. CONSTRUCTION.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL 
              DISABILITIES.</DELETED>

<DELETED>    (a) In General.--Congress makes the following findings 
respecting the rights of individuals with developmental 
disabilities:</DELETED>
        <DELETED>    (1) Individuals with developmental disabilities 
        have a right to appropriate treatment, services, and 
        habilitation for such disabilities, consistent with section 
        101(c).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) provide treatment, services, and 
                habilitation that are appropriate to the needs of such 
                individuals; and</DELETED>
                <DELETED>    (B) meet minimum standards relating to--
                </DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ii) provision to such individuals 
                        of appropriate and sufficient medical and 
                        dental services;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (v) provision for close relatives 
                        or guardians of such individuals to visit the 
                        individuals without prior notice.</DELETED>
        <DELETED>    (4) All programs for individuals with 
        developmental disabilities should meet standards--</DELETED>
                <DELETED>    (A) that are designed to assure the most 
                favorable possible outcome for those served; 
                and</DELETED>
                <DELETED>    (B)(i) in the case of residential programs 
                serving individuals in need of comprehensive health-
                related, 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;</DELETED>
                <DELETED>    (ii) in the case of other residential 
                programs for individuals with developmental 
                disabilities, that assure that--</DELETED>
                        <DELETED>    (I) care is appropriate to the 
                        needs of the individuals being served by such 
                        programs;</DELETED>
                        <DELETED>    (II) the individuals admitted to 
                        facilities of such programs are individuals 
                        whose needs can be met through services 
                        provided by such facilities; and</DELETED>
                        <DELETED>    (III) the facilities of such 
                        programs provide for the humane care of the 
                        residents of the facilities, are sanitary, and 
                        protect their rights; and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

     <DELETED>Subtitle B--Federal Assistance to State Councils on 
                  Developmental Disabilities</DELETED>

<DELETED>SEC. 121. PURPOSE.</DELETED>

<DELETED>    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--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 122. STATE ALLOTMENTS.</DELETED>

<DELETED>    (a) Allotments.--</DELETED>
        <DELETED>    (1) In general.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the population;</DELETED>
                        <DELETED>    (ii) the extent of need for 
                        services for individuals with developmental 
                        disabilities; and</DELETED>
                        <DELETED>    (iii) the financial 
                        need,</DELETED>
                <DELETED>of the respective States.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Adjustments.--The Secretary may make 
        adjustments in the amounts of State allotments based on clauses 
        (i), (ii), and (iii) of paragraph (1)(A) not more often than 
        annually. The Secretary shall notify each State of any 
        adjustment made under this paragraph and the percentage of the 
        total sums appropriated under section 129 that the adjusted 
        allotment represents not later than 6 months before the 
        beginning of the fiscal year in which such adjustment is to 
        take effect.</DELETED>
        <DELETED>    (3) Minimum allotment for appropriations less than 
        or equal to $70,000,000.--</DELETED>
                <DELETED>    (A) In general.--Except as provided in 
                paragraph (4), for any fiscal year the allotment under 
                this section--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) to any State not described in 
                        clause (i) may not be less than 
                        $400,000.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Minimum allotment for appropriations in excess 
        of $70,000,000.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) to any State not described in 
                        clause (i) may not be less than 
                        $450,000.</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) the total amount appropriated under 
                section 129 for the fiscal year for which the increase 
                in the minimum allotment is being made; minus</DELETED>
                <DELETED>    (B) the total amount appropriated under 
                section 129 (or a corresponding provision) for the 
                immediately preceding fiscal year,</DELETED>
        <DELETED>bears to the total amount appropriated under section 
        129 (or a corresponding provision) for such preceding fiscal 
        year.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Reallotments.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Reallotment of reductions.--The Secretary 
        shall similarly reallot the total of the reductions among the 
        States whose proportionate amounts were not so 
        reduced.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 123. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION, 
              AND SERVICES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 124. STATE PLAN.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Planning Cycle.--The plan described in subsection (a) 
shall be updated as appropriate during the 5-year period.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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'').</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ii) job training, job placement, 
                        worksite accommodation, and vocational 
                        rehabilitation, and other work assistance 
                        programs; and</DELETED>
                        <DELETED>    (iii) social, child welfare, 
                        aging, independent living, and rehabilitation 
                        and assistive technology services, and such 
                        other services as the Secretary may 
                        specify;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (iii) the barriers that impede 
                        full participation of members of unserved and 
                        underserved groups of individuals with 
                        developmental disabilities and their 
                        families;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (v) the numbers of individuals 
                        with developmental disabilities on waiting 
                        lists for services described in this 
                        subparagraph;</DELETED>
                        <DELETED>    (vi) a description of the adequacy 
                        of current resources and projected availability 
                        of future resources to fund services described 
                        in this subparagraph;</DELETED>
                        <DELETED>    (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 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</DELETED>
                        <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Plan goals.--The plan shall focus on Council 
        efforts to bring about the purpose of this subtitle, by--
        </DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) are derived from the unmet 
                        needs of individuals with developmental 
                        disabilities and their families identified 
                        under paragraph (3); and</DELETED>
                        <DELETED>    (ii) include a goal, for each year 
                        of the grant, to--</DELETED>
                                <DELETED>    (I) establish or 
                                strengthen a program for the direct 
                                funding of a State self-advocacy 
                                organization led by individuals with 
                                developmental disabilities;</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (III) support and expand 
                                participation of individuals with 
                                developmental disabilities in cross-
                                disability and culturally diverse 
                                leadership coalitions; and</DELETED>
                <DELETED>    (B) for each year of the grant, 
                describing--</DELETED>
                        <DELETED>    (i) the goals to be achieved 
                        through the grant, which, beginning in fiscal 
                        year 2001, shall be consistent with applicable 
                        indicators of progress described in section 
                        104(a)(3);</DELETED>
                        <DELETED>    (ii) the strategies to be used in 
                        achieving each goal; and</DELETED>
                        <DELETED>    (iii) the method to be used to 
                        determine if each goal has been 
                        achieved.</DELETED>
        <DELETED>    (5) Assurances.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Use of funds.--With respect to the 
                funds paid to the State under section 122, the plan 
                shall provide assurances that--</DELETED>
                        <DELETED>    (i) not less than 70 percent of 
                        such funds will be expended for activities 
                        related to the goals described in paragraph 
                        (4);</DELETED>
                        <DELETED>    (ii) such funds will contribute to 
                        the achievement of the purpose of this subtitle 
                        in various political subdivisions of the 
                        State;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (v) part of such funds will be 
                        made available by the State to public or 
                        private entities;</DELETED>
                        <DELETED>    (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 
                        </DELETED>\<DELETED>1/2</DELETED>\ <DELETED>(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</DELETED>
                        <DELETED>    (vii) not more than 20 percent of 
                        such funds will be allocated to the designated 
                        State agency for service demonstrations by such 
                        agency that--</DELETED>
                                <DELETED>    (I) contribute to the 
                                achievement of the purpose of this 
                                subtitle; and</DELETED>
                                <DELETED>    (II) are explicitly 
                                authorized by the Council.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (d) Public Input and Review, Submission, and Approval.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABILITIES AND 
              DESIGNATED STATE AGENCIES.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Council Membership.--</DELETED>
        <DELETED>    (1) Council appointments.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Representation.--The membership of the 
                Council shall be geographically representative of the 
                State and reflect the diversity of the State with 
                respect to race and ethnicity.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Representation of individuals with 
        developmental disabilities.--Not less than 60 percent of the 
        membership of each Council shall consist of individuals who 
        are--</DELETED>
                <DELETED>    (A)(i) individuals with developmental 
                disabilities;</DELETED>
                <DELETED>    (ii) parents or guardians of children with 
                developmental disabilities; or</DELETED>
                <DELETED>    (iii) immediate relatives or guardians of 
                adults with mentally impairing developmental 
                disabilities who cannot advocate for themselves; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Representation of agencies and 
        organizations.--</DELETED>
                <DELETED>    (A) In general.--Each Council shall 
                include--</DELETED>
                        <DELETED>    (i) representatives of relevant 
                        State entities, including--</DELETED>
                                <DELETED>    (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.);</DELETED>
                                <DELETED>    (II) Centers in the State; 
                                and</DELETED>
                                <DELETED>    (III) the State protection 
                                and advocacy system; and</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (B) Authority and limitations.--The 
                representatives described in subparagraph (A) shall--
                </DELETED>
                        <DELETED>    (i) have sufficient authority to 
                        engage in policy planning and implementation on 
                        behalf of the department, agency, or program 
                        such representatives represent; and</DELETED>
                        <DELETED>    (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 of 
                        interest assurance requirement under section 
                        124(c)(5)(D).</DELETED>
        <DELETED>    (5) Composition of membership with developmental 
        disabilities.--Of the members of the Council described in 
        paragraph (3)--</DELETED>
                <DELETED>    (A) </DELETED>\<DELETED>1/3</DELETED>\ 
                <DELETED>shall be individuals with developmental 
                disabilities described in paragraph 
                (3)(A)(i);</DELETED>
                <DELETED>    (B) </DELETED>\<DELETED>1/3</DELETED>\ 
                <DELETED>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</DELETED>
                <DELETED>    (C) </DELETED>\<DELETED>1/3</DELETED>\ 
                <DELETED>shall be a combination of individuals 
                described in paragraph (3)(A).</DELETED>
        <DELETED>    (6) Institutionalized individuals.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Limitation.--Subparagraph (A) shall 
                not apply with respect to a State if such an individual 
                does not reside in that State.</DELETED>
<DELETED>    (c) Council Responsibilities.--</DELETED>
        <DELETED>    (1) In general.--A Council, through Council 
        members, staff, consultants, contractors, or subgrantees, shall 
        have the responsibilities described in paragraphs (2) through 
        (10).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Examination of goals.--At the end of each 
        grant year, each Council shall--</DELETED>
                <DELETED>    (A) determine the extent to which each 
                goal of the Council was achieved for that 
                year;</DELETED>
                <DELETED>    (B) determine to the extent that each goal 
                was not achieved, the factors that impeded the 
                achievement;</DELETED>
                <DELETED>    (C) determine needs that require amendment 
                of the 5-year strategic State plan required under 
                section 124;</DELETED>
                <DELETED>    (D) separately determine the information 
                on the self-advocacy goal described in section 
                124(c)(4)(A)(ii); and</DELETED>
                <DELETED>    (E) determine customer satisfaction with 
                Council supported or conducted activities.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) State plan implementation.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) by encouraging local networks 
                        to provide informal and formal 
                        supports;</DELETED>
                        <DELETED>    (ii) through education; 
                        and</DELETED>
                        <DELETED>    (iii) by enabling neighborhoods 
                        and communities to offer such individuals and 
                        their families access to and use of services, 
                        resources, and opportunities.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (G) Coordination with related councils, 
                committees, and programs.--The Council may support and 
                conduct activities to enhance coordination of services 
                with--</DELETED>
                        <DELETED>    (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, 3012), and entities carrying out 
                        other similar councils, entities, or 
                        committees);</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iii) other groups interested in 
                        advocacy, capacity building, and systemic 
                        change activities to benefit individuals with 
                        disabilities.</DELETED>
                <DELETED>    (H) Barrier elimination, systems design 
                and redesign.--The Council may support and conduct 
                activities to eliminate barriers to assess 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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (K) Demonstration of new approaches to 
                services and supports.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (7) Reports.--Beginning in fiscal year 2001, 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--</DELETED>
                <DELETED>    (A) a description of the extent to which 
                the goals were achieved;</DELETED>
                <DELETED>    (B) a description of the strategies that 
                contributed to achieving the goals;</DELETED>
                <DELETED>    (C) to the extent to which the goals were 
                not achieved, a description of factors that impeded the 
                achievement;</DELETED>
                <DELETED>    (D) separate information on the self-
                advocacy goal described in section 
                124(c)(4)(A)(ii);</DELETED>
                <DELETED>    (E)(i) as appropriate, an update on the 
                results of the comprehensive review and analysis 
                described in section 124(c)(3); and</DELETED>
                <DELETED>    (ii) information on consumer satisfaction 
                with Council supported or conducted 
                activities;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (G) an accounting of the manner in which 
                funds paid to the State under this subtitle for a 
                fiscal year were expended;</DELETED>
                <DELETED>    (H) a description of--</DELETED>
                        <DELETED>    (i) resources made available to 
                        carry out activities to assist individuals with 
                        developmental disabilities that are directly 
                        attributable to Council actions; and</DELETED>
                        <DELETED>    (ii) resources made available for 
                        such activities that are undertaken by the 
                        Council in collaboration with other entities; 
                        and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A)(i) conducting such hearings and forums 
                as the Council may determine to be necessary to carry 
                out the duties of the Council; and</DELETED>
                <DELETED>    (ii) as determined in Council policy--
                </DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (III) supporting Council member 
                        and staff travel to authorized training and 
                        technical assistance activities including in-
                        service training and leadership development 
                        activities; and</DELETED>
                        <DELETED>    (IV) carrying out appropriate 
                        subcontracting activities;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (11) Construction.--Nothing in this title shall be 
        construed to authorize a Council to direct, control, or 
        exercise 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.).</DELETED>
<DELETED>    (d) Designated State Agency.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Designation.--</DELETED>
                <DELETED>    (A) Type of agency.--Except as provided in 
                this subsection, the designated State agency shall be--
                </DELETED>
                        <DELETED>    (i) the Council if such Council 
                        may be the designated State agency under the 
                        laws of the State;</DELETED>
                        <DELETED>    (ii) a State agency that does not 
                        provide or pay for services for individuals 
                        with developmental disabilities; or</DELETED>
                        <DELETED>    (iii) a State office, including 
                        the immediate office of the Governor of the 
                        State or a State planning office.</DELETED>
                <DELETED>    (B) Conditions for continuation of state 
                service agency designation.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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--
                        </DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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.</DELETED>
                <DELETED>    (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 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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Responsibilities.--</DELETED>
                <DELETED>    (A) In general.--The designated State 
                agency shall, on behalf of the State, have the 
                responsibilities described in subparagraphs (B) through 
                (G).</DELETED>
                <DELETED>    (B) Support services.--The designated 
                State agency shall provide required assurances and 
                support services as requested by and negotiated with 
                the Council.</DELETED>
                <DELETED>    (C) Fiscal responsibilities.--The 
                designated State agency shall--</DELETED>
                        <DELETED>    (i) receive, account for, and 
                        disburse funds under this subtitle based on the 
                        State plan required in section 124; 
                        and</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Use of funds for designated state agency 
        responsibilities.--</DELETED>
                <DELETED>    (A) Condition for federal funding.--
                </DELETED>
                        <DELETED>    (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) 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.</DELETED>
                        <DELETED>    (ii) Exception.--Clause (i) shall 
                        not apply in a year in which the Council is the 
                        designated State agency.</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 126. FEDERAL AND NON-FEDERAL SHARE.</DELETED>

<DELETED>    (a) Aggregate Cost.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) any portion of such cost that is financed by 
        Federal funds provided under any provision of law other than 
        section 122; and</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (c) Non-Federal Share.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Contributions of political subdivisions and 
        public or private entities.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) State contributions.--State 
                contributions, including contributions by the 
                designated State agency to 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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING, 
              ADMINISTRATION, AND SERVICES.</DELETED>

<DELETED>    Whenever the Secretary, after providing reasonable notice 
and an opportunity for a hearing to the Council and the designated 
State agency, finds that--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) the Council or agency has failed to comply 
        substantially with any regulations of the Secretary that are 
        applicable to this subtitle,</DELETED>
<DELETED>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.</DELETED>

<DELETED>SEC. 128. APPEALS BY STATES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 129. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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 2000 and such sums as may 
be necessary for each of fiscal years 2001 through 2006.</DELETED>
<DELETED>    (b) Reservation for Technical Assistance.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

      <DELETED>Subtitle C--Protection and Advocacy of Individual 
                            Rights</DELETED>

<DELETED>SEC. 141. PURPOSE.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 142. ALLOTMENTS AND PAYMENTS.</DELETED>

<DELETED>    (a) Allotments.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Minimum allotments.--In any case in which--
        </DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) to any State not described in 
                        clause (i) may not be less than $200,000; 
                        and</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) to any State not described in 
                        clause (i) may not be less than 
                        $150,000.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the total amount appropriated under 
                section 145 for the fiscal year for which the increase 
                in the minimum allotment is being made; minus</DELETED>
                <DELETED>    (B) the total amount appropriated under 
                section 145 (or a corresponding provision) for the 
                immediately preceding fiscal year,</DELETED>
        <DELETED>bears to the total amount appropriated under section 
        145 (or a corresponding provision) for such preceding fiscal 
        year.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) provide a grant in accordance with 
                section 143(b), and in an amount described in section 
                142(a)(2)(A)(i), to an American Indian consortium to 
                provide protection and advocacy services.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 143. SYSTEM REQUIRED.</DELETED>

<DELETED>    (a) System Required.--In order for a State to receive an 
allotment under subtitle B or this subtitle--</DELETED>
        <DELETED>    (1) the State shall have in effect a system to 
        protect and advocate the rights of individuals with 
        developmental disabilities;</DELETED>
        <DELETED>    (2) such system shall--</DELETED>
                <DELETED>    (A) have the authority to--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) provide information on and 
                        referral to programs and services addressing 
                        the needs of individuals with developmental 
                        disabilities;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the goals and priorities 
                        established by the system and the rationale for 
                        the establishment of such goals; and</DELETED>
                        <DELETED>    (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 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);</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (F) not be administered by the State 
                Council on Developmental Disabilities;</DELETED>
                <DELETED>    (G) be independent of any agency that 
                provides treatment, services, or habilitation to 
                individuals with developmental disabilities;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (I) have access to all records of--
                </DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ii) any individual with a 
                        developmental disability, in a situation in 
                        which--</DELETED>
                                <DELETED>    (I) the individual, by 
                                reason of such individual's mental or 
                                physical condition, is unable to 
                                authorize the system to have such 
                                access;</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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</DELETED>
                        <DELETED>    (iii) any individual with a 
                        developmental disability, in a situation in 
                        which--</DELETED>
                                <DELETED>    (I) the individual has a 
                                legal guardian, conservator, or other 
                                legal representative;</DELETED>
                                <DELETED>    (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;</DELETED>
                                <DELETED>    (III) such representative 
                                has been contacted by such system, upon 
                                receipt of the name and address of such 
                                representative;</DELETED>
                                <DELETED>    (IV) such system has 
                                offered assistance to such 
                                representative to resolve the 
                                situation; and</DELETED>
                                <DELETED>    (V) such representative 
                                has failed or refused to act on behalf 
                                of the individual;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (II) in any case of death of an 
                        individual with a developmental 
                        disability;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (L) have the authority to educate 
                policymakers; and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (3) to the extent that information is available, 
        the State shall provide to the system--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (4) the agency implementing the system will not be 
        redesignated unless--</DELETED>
                <DELETED>    (A) there is good cause for the 
                redesignation;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) the system has an opportunity to 
                appeal the redesignation to the Secretary, on the basis 
                that the redesignation was not for good 
                cause.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Record.--In this section, the term ``record'' 
includes--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) a discharge planning record.</DELETED>

<DELETED>SEC. 144. ADMINISTRATION.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (B) a majority of the members of the board shall 
        be--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (ii) parents, family members, guardians, 
                advocates, or authorized representatives of individuals 
                referred to in clause (i); and</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (2) not more than </DELETED>\<DELETED>1/
        3</DELETED>\ <DELETED>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;</DELETED>
        <DELETED>    (3) the membership of the governing board shall be 
        subject to term limits set by the system to ensure rotating 
        membership;</DELETED>
        <DELETED>    (4) any vacancy in the board shall be filled not 
        later than 60 days after the date on which the vacancy occurs; 
        and</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) on which a majority of the members 
                shall be--</DELETED>
                        <DELETED>    (i) individuals with developmental 
                        disabilities who are eligible for services, or 
                        have received or are receiving services, 
                        through the system; or</DELETED>
                        <DELETED>    (ii) parents, family members, 
                        guardians, advocates, or authorized 
                        representatives of individuals referred to in 
                        clause (i).</DELETED>
<DELETED>    (b) Legal Action.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this Act 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Reports.--Beginning in fiscal year 2001, 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.</DELETED>

<DELETED>SEC. 145. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    For allotments under section 142, there are authorized to 
be appropriated $32,000,000 for fiscal year 2000 and such sums as may 
be necessary for each of fiscal years 2001 through 2006.</DELETED>

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

<DELETED>SEC. 151. GRANT AUTHORITY.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 152. GRANT AWARDS.</DELETED>

<DELETED>    (a) Existing Centers.--</DELETED>
        <DELETED>    (1) In general.--In awarding and distributing 
        grant funds under section 151(a) for a fiscal year (including 
        amounts distributed pursuant to section 153(a)(3)), 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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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 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).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) population;</DELETED>
        <DELETED>    (2) a high concentration of rural or urban areas; 
        or</DELETED>
        <DELETED>    (3) a high concentration of unserved or 
        underserved populations.</DELETED>

<DELETED>SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES.</DELETED>

<DELETED>    (a) National Network of University Centers for Excellence 
in Developmental Disabilities Education, Research, and Service.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Core functions.--The core functions referred 
        to in paragraph (1) shall include the following:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Provision of community services--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) that may provide services, 
                        supports, and assistance for the persons 
                        described in clause (i) through demonstration 
                        and model activities.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) National Training Initiatives on Critical and Emerging 
Needs.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) convene experts from multiple Centers to 
        discuss and make recommendations with regard to national 
        emerging needs of individuals with developmental 
        disabilities;</DELETED>
        <DELETED>    (4)(A) develop portals that link users with every 
        Center's website; and</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (6) undertake any other functions that the 
        Secretary determines to be appropriate;</DELETED>
<DELETED>to promote the viability and use of the resources and 
expertise of the Centers nationally and internationally.</DELETED>

<DELETED>SEC. 154. APPLICATIONS.</DELETED>

<DELETED>    (a) Applications for Core Center Grants.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) meet regulatory standards as 
                established by the Secretary for Centers;</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) are developed in collaboration 
                        with the consumer advisory committee 
                        established pursuant to subparagraph 
                        (E);</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iii) will be reviewed and revised 
                        annually as necessary to address emerging 
                        trends and needs;</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (E) establish a consumer advisory 
                committee--</DELETED>
                        <DELETED>    (i) of which a majority of the 
                        members shall be individuals with developmental 
                        disabilities and family members of such 
                        individuals;</DELETED>
                        <DELETED>    (ii) that is comprised of--
                        </DELETED>
                                <DELETED>    (I) individuals with 
                                developmental disabilities and related 
                                disabilities;</DELETED>
                                <DELETED>    (II) family members of 
                                individuals with developmental 
                                disabilities;</DELETED>
                                <DELETED>    (III) a representative of 
                                the State protection and advocacy 
                                system;</DELETED>
                                <DELETED>    (IV) a representative of 
                                the State Council on Developmental 
                                Disabilities;</DELETED>
                                <DELETED>    (V) a representative of a 
                                self-advocacy organization described in 
                                section 124(c)(4)(A)(ii)(I); 
                                and</DELETED>
                                <DELETED>    (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;</DELETED>
                        <DELETED>    (iii) that reflects the racial and 
                        ethnic diversity of the State; and</DELETED>
                        <DELETED>    (iv) that shall--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (II) meet as often as 
                                necessary to carry out the role of the 
                                committee, but at a minimum twice 
                                during each grant year;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (ii) allocate adequate staff time to carry 
                out activities related to each of the core functions 
                described in section 153(a); and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (c) Peer Review.--</DELETED>
        <DELETED>    (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 
        review, the group may conduct onsite visits or inspections of 
        related activities as necessary.</DELETED>
        <DELETED>    (2) Establishment of peer review groups.--
        </DELETED>
                <DELETED>    (A) In general.--The Secretary, acting 
                through the Commissioner of the Administration on 
                Developmental Disabilities, may, notwithstanding--
                </DELETED>
                        <DELETED>    (i) the provisions of title 5, 
                        United States Code, concerning appointments to 
                        the competitive service; and</DELETED>
                        <DELETED>    (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;</DELETED>
                <DELETED>establish such peer review groups and appoint 
                and set the rates of pay of members of such 
                groups.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Federal Share.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Annual Report.--Each Center shall annually prepare and 
transmit to the Secretary a report containing--</DELETED>
        <DELETED>    (1) information on progress made in achieving the 
        projected goals of the Center for the previous year, 
        including--</DELETED>
                <DELETED>    (A) the extent to which the goals were 
                achieved;</DELETED>
                <DELETED>    (B) a description of the strategies that 
                contributed to achieving the goals;</DELETED>
                <DELETED>    (C) to the extent to which the goals were 
                not achieved, a description of factors that impeded the 
                achievement; and</DELETED>
                <DELETED>    (D) an accounting of the manner in which 
                funds paid to the Center under this subtitle for a 
                fiscal year were expended;</DELETED>
        <DELETED>    (2) information on proposed revisions to the 
        goals; and</DELETED>
        <DELETED>    (3) a description of successful efforts to 
        leverage funds, other than funds made available under this 
        subtitle, to pursue goals consistent with this 
        subtitle.</DELETED>

<DELETED>SEC. 155. DEFINITION.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 156. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Authorization and Reservations.--</DELETED>
        <DELETED>    (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 2000 and such sums as 
        may be necessary for each of fiscal years 2001 through 
        2006.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Reservation for technical assistance.--
        </DELETED>
                <DELETED>    (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)).</DELETED>
                <DELETED>    (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)).</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) Limitation.--The Secretary may not use, for peer 
review or other activities directly related to peer review conducted 
under this subtitle--</DELETED>
        <DELETED>    (1) for fiscal year 2000, more than $300,000 of 
        the funds made available under subsection (a); and</DELETED>
        <DELETED>    (2) for any succeeding fiscal year, more than the 
        amount of funds used for the peer review and related activities 
        in fiscal year 2000, 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).</DELETED>

    <DELETED>Subtitle E--Projects of National Significance</DELETED>

<DELETED>SEC. 161. PURPOSE.</DELETED>

<DELETED>    The purpose of this subtitle is to provide grants, 
contracts, or cooperative agreements for projects of national 
significance that--</DELETED>
        <DELETED>    (1) create opportunities for individuals with 
        developmental disabilities to directly and fully contribute to, 
        and participate in, all facets of community life; and</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) family support activities;</DELETED>
                <DELETED>    (B) data collection and 
                analysis;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) other projects of sufficient size and 
                scope that hold promise to expand or improve 
                opportunities for such individuals, including--
                </DELETED>
                        <DELETED>    (i) projects that provide 
                        technical assistance for the development of 
                        information and referral systems;</DELETED>
                        <DELETED>    (ii) projects that provide 
                        technical assistance to self-advocacy 
                        organizations of individuals with developmental 
                        disabilities;</DELETED>
                        <DELETED>    (iii) projects that provide 
                        education for policymakers;</DELETED>
                        <DELETED>    (iv) Federal interagency 
                        initiatives;</DELETED>
                        <DELETED>    (v) projects that enhance the 
                        participation of racial and ethnic minorities 
                        in public and private sector initiatives in 
                        developmental disabilities;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (viii) initiatives that address 
                        the needs of aging individuals with 
                        developmental disabilities and aging caregivers 
                        of adults with developmental disabilities in 
                        the community;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (x) initiatives that create access 
                        to increased living options;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (xii) initiatives that address 
                        other areas of emerging need.</DELETED>

<DELETED>SEC. 162. GRANT AUTHORITY.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Federal Interagency Initiatives.--</DELETED>
        <DELETED>    (1) In general.--</DELETED>
                <DELETED>    (A) Authority.--The Secretary may--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) transfer to such agencies for 
                        such purposes funds appropriated under this 
                        subtitle, and receive and use funds from such 
                        agencies for such purposes.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Procedures and criteria.--If the 
                Secretary enters into an agreement under this 
                subsection for the administration of a jointly funded 
                project--</DELETED>
                        <DELETED>    (i) the agreement shall specify 
                        which agency's procedures shall be used to 
                        award grants, contracts, or cooperative 
                        agreements and to administer such 
                        awards;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 163. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There are authorized to be appropriated 
to carry out the projects specified in this section $16,000,000 for 
fiscal year 2000, and such sums as may be necessary for fiscal years 
2001 through 2006.</DELETED>
<DELETED>    (b) Use of Funds.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 
        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.</DELETED>
<DELETED>    (c) Technical Assistance for Councils and Centers.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Covered year.--In this subsection, the term 
        ``covered year'' means--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) References.--References in this subsection to 
        subtitle D shall not be considered to include section 
        153(c)(4).</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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).</DELETED>

              <DELETED>TITLE II--FAMILY SUPPORT</DELETED>

<DELETED>SEC. 201. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Families of Children With 
Disabilities Support Act of 1999''.</DELETED>

<DELETED>SEC. 202. FINDINGS, PURPOSES, AND POLICY.</DELETED>

<DELETED>    (a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (1) It is in the best interest of our Nation to 
        preserve, strengthen, and maintain the family.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 caregivers places a continually increasing demand on the 
        finite service delivery systems of the States.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) The goals of the Nation properly include the 
        goal of providing to families of children with disabilities the 
        family support services necessary--</DELETED>
                <DELETED>    (A) to support the family;</DELETED>
                <DELETED>    (B) to enable families of children with 
                disabilities to nurture and enjoy their children at 
                home;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) to support family caregivers of adults 
                with disabilities.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this title are--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) to promote leadership by families in planning, 
        policy development, implementation, and evaluation of family 
        support services for families of children with 
        disabilities;</DELETED>
        <DELETED>    (3) to promote and develop interagency 
        coordination and collaboration between agencies responsible for 
        providing the services; and</DELETED>
        <DELETED>    (4) to increase the availability of, funding for, 
        access to, and provision of family support services for 
        families of children with disabilities.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 203. DEFINITIONS AND SPECIAL RULE.</DELETED>

<DELETED>    (a) Definitions.--In this title:</DELETED>
        <DELETED>    (1) Child with a disability.--The term ``child 
        with a disability'' means an individual who--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) is an infant or a young child from 
                birth through age 8 and has a substantial developmental 
                delay or specific congenital or acquired condition that 
                presents a high probability of resulting in a 
                disability if services are not provided to the infant 
                or child.</DELETED>
        <DELETED>    (2) Family.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) support families in the efforts of 
                such families to raise their children with disabilities 
                in the home;</DELETED>
                <DELETED>    (B) strengthen the role of the family as 
                primary caregiver for such children;</DELETED>
                <DELETED>    (C) prevent involuntary out-of-the-home 
                placement of such children and maintain family unity; 
                and</DELETED>
                <DELETED>    (D) reunite families with children with 
                disabilities who have been placed out of the home, 
                whenever possible.</DELETED>
        <DELETED>    (4) 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.</DELETED>
        <DELETED>    (5) Systems change activities.--The term ``systems 
        change activities'' means efforts that result in laws, 
        regulations, policies, practices, or organizational 
        structures--</DELETED>
                <DELETED>    (A) that are family-centered and family-
                directed;</DELETED>
                <DELETED>    (B) that facilitate and increase access 
                to, provision of, and funding for, family support 
                services for families of children with disabilities; 
                and</DELETED>
                <DELETED>    (C) that otherwise accomplish the purposes 
                of this title.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) has a significant impairment described in 
        subsection (a)(1)(A); and</DELETED>
        <DELETED>    (2) is residing with and receiving assistance from 
        a family member.</DELETED>

<DELETED>SEC. 204. GRANTS TO STATES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Amount of Grants.--</DELETED>
        <DELETED>    (1) Grants to states.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) not more than equal to 75 
                        percent of the cost of the systems change 
                        activities to be carried out by the State; 
                        and</DELETED>
                        <DELETED>    (ii) not less than $100,000 and 
                        not more than $500,000.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Calculation of amounts.--The Secretary shall 
        calculate a grant amount described in paragraph (1) on the 
        basis of the following:</DELETED>
                <DELETED>    (A) The amounts available for making 
                grants under this section.</DELETED>
                <DELETED>    (B) The child population of the State 
                concerned.</DELETED>
<DELETED>    (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 making grants under this 
section, shall give priority to States that received grants under this 
section during the preceding fiscal year.</DELETED>
<DELETED>    (e) Priorities for Distribution.--To the extent 
practicable, the Secretary shall award grants to States under this 
section in a manner that--</DELETED>
        <DELETED>    (1) is geographically equitable;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 205. APPLICATION.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 206. DESIGNATION OF THE LEAD ENTITY.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) submitting the application described in 
        section 205 on behalf of the State;</DELETED>
        <DELETED>    (2) administering and supervising the use of the 
        amounts made available under the grant;</DELETED>
        <DELETED>    (3) coordinating efforts related to and 
        supervising the preparation of the application;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (6) submitting the report described in section 208 
        on behalf of the State.</DELETED>
<DELETED>    (b) Qualifications.--In designating the lead entity, the 
Chief Executive Officer may designate--</DELETED>
        <DELETED>    (1) an office of the Chief Executive 
        Officer;</DELETED>
        <DELETED>    (2) a commission appointed by the Chief Executive 
        Officer;</DELETED>
        <DELETED>    (3) a public agency;</DELETED>
        <DELETED>    (4) a council established under Federal or State 
        law; or</DELETED>
        <DELETED>    (5) another appropriate office, agency, or 
        entity.</DELETED>

<DELETED>SEC. 207. AUTHORIZED ACTIVITIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 208. REPORTING.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 209. TECHNICAL ASSISTANCE.</DELETED>

<DELETED>    (a) In General.--The Secretary shall enter into contracts 
or cooperative agreements with appropriate public or private agencies 
and organizations, including institutions of higher education, with 
documented experience, expertise, and capacity, for the purpose of 
providing technical assistance and information with respect to the 
development and implementation, or expansion and enhancement, of a 
statewide system of family support services for families of children 
with disabilities.</DELETED>
<DELETED>    (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 
technical assistance and information to a State that does not receive a 
grant under this title.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 210. EVALUATION.</DELETED>

<DELETED>    (a) In General.--The Secretary shall conduct a national 
evaluation of the program of grants to States authorized by this 
title.</DELETED>
<DELETED>    (b) Purpose.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) families of children with 
                disabilities, including families from unserved and 
                underserved populations;</DELETED>
                <DELETED>    (B) access to and funding for family 
                support services for families of children with 
                disabilities;</DELETED>
                <DELETED>    (C) interagency coordination and 
                collaboration between agencies responsible for 
                providing the services; and</DELETED>
                <DELETED>    (D) the involvement of families of 
                children with disabilities at all levels of the 
                statewide systems.</DELETED>
<DELETED>    (c) Report to Congress.--Not later than 
2</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>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.</DELETED>

<DELETED>SEC. 211. PROJECTS OF NATIONAL SIGNIFICANCE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 212. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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 2000 through 2006.</DELETED>
<DELETED>    (b) Reservation.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) section 209 (relating to the provision 
                of technical assistance and information to States); 
                and</DELETED>
                <DELETED>    (B) section 210 (relating to the conduct 
                of evaluations).</DELETED>
        <DELETED>    (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.</DELETED>

   <DELETED>TITLE III--PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST 
         INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES</DELETED>

<DELETED>SEC. 301. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) 4 factors have contributed to a decrease in 
        the available pool of direct support workers, specifically--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the rapid expansion of the service 
                sector, which attracts individuals who previously would 
                have elected to pursue employment as direct support 
                workers;</DELETED>
                <DELETED>    (C) the failure of wages in the human 
                services sector to keep pace with wages in other 
                service sectors; and</DELETED>
                <DELETED>    (D) the lack of quality training and 
                career advancement opportunities available to direct 
                support workers; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 302. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) Developmental disability.--The term 
        ``developmental disability'' has the meaning given the term in 
        section 102.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.</DELETED>

<DELETED>SEC. 303. REACHING UP SCHOLARSHIP PROGRAM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Eligible Entity.--To be eligible to receive a grant 
under this section, an entity shall be--</DELETED>
        <DELETED>    (1) an institution of higher education;</DELETED>
        <DELETED>    (2) a State agency; or</DELETED>
        <DELETED>    (3) a consortium of such institutions or 
        agencies.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the basis for awarding the vouchers;</DELETED>
        <DELETED>    (2) the number of individuals to receive the 
        vouchers; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) specifies that each individual who receives a 
        voucher through the program will be an individual who--
        </DELETED>
                <DELETED>    (A) is a direct support worker who assists 
                individuals with developmental disabilities residing in 
                diverse settings, while pursuing postsecondary 
                education; and</DELETED>
                <DELETED>    (B) verifies, prior to receiving the 
                voucher, that the worker has completed 250 hours as a 
                direct support worker in the past 90 days;</DELETED>
        <DELETED>    (2) states that the vouchers that will be provided 
        through the program will be in amounts of not more than $2,000 
        per year;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) meets such other conditions as the Secretary 
        may specify.</DELETED>
<DELETED>    (e) Federal Share.--The Federal share of the cost of 
providing the vouchers shall be not more than 80 percent.</DELETED>

<DELETED>SEC. 304. STAFF DEVELOPMENT CURRICULUM 
              AUTHORIZATION.</DELETED>

<DELETED>    (a) Funding.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Participants.--The curriculum shall be 
        provided to individuals who--</DELETED>
                <DELETED>    (A) seek to become direct support workers 
                who assist individuals with developmental disabilities 
                or are such direct support workers; and</DELETED>
                <DELETED>    (B) seek to upgrade their skills and 
                competencies related to being a direct support 
                worker.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) a comprehensive analysis of the content of 
        direct support roles;</DELETED>
        <DELETED>    (2) information identifying an advisory group 
        that--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) will advise the entity throughout the 
                development, evaluation, and dissemination of the staff 
                development curriculum and guidelines;</DELETED>
        <DELETED>    (3) information describing how the entity will--
        </DELETED>
                <DELETED>    (A) develop, field test, and validate a 
                staff development curriculum that--</DELETED>
                        <DELETED>    (i) relates to the appropriate 
                        reading level for direct service workers who 
                        assist individuals with disabilities;</DELETED>
                        <DELETED>    (ii) allows for multiple levels of 
                        instruction;</DELETED>
                        <DELETED>    (iii) provides instruction 
                        appropriate for direct support workers who work 
                        in diverse settings; and</DELETED>
                        <DELETED>    (iv) is consistent with 
                        subsections (b) and (c) of section 101 and 
                        section 109;</DELETED>
                <DELETED>    (B) develop, field test, and validate 
                guidelines for the organizations that use the 
                curriculum that provide for--</DELETED>
                        <DELETED>    (i) providing necessary technical 
                        and instructional support to trainers and 
                        mentors for the participants;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (iii) evaluating the proficiency 
                        of the participants with respect to the content 
                        of the curriculum;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (v) providing necessary technical 
                        and instructional support to trainers and 
                        mentors for the participants in conjunction 
                        with the development, testing, and validation 
                        process;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (vii) developing methods to 
                        maintain a record of the instruction completed, 
                        and the content mastered, by each participant 
                        under the curriculum; and</DELETED>
                <DELETED>    (C) nationally disseminate the curriculum 
                and guidelines, including dissemination through--
                </DELETED>
                        <DELETED>    (i) parent training and 
                        information centers funded under part D of the 
                        Individuals with Disabilities Education Act (20 
                        U.S.C. 1451 et seq.);</DELETED>
                        <DELETED>    (ii) community-based organizations 
                        of and for individuals with developmental 
                        disabilities and their families;</DELETED>
                        <DELETED>    (iii) entities funded under title 
                        I;</DELETED>
                        <DELETED>    (iv) centers for independent 
                        living;</DELETED>
                        <DELETED>    (v) State educational agencies and 
                        local educational agencies;</DELETED>
                        <DELETED>    (vi) entities operating 
                        appropriate medical facilities;</DELETED>
                        <DELETED>    (vii) postsecondary education 
                        entities; and</DELETED>
                        <DELETED>    (viii) other appropriate entities; 
                        and</DELETED>
        <DELETED>    (4) such other information as the Secretary may 
        require.</DELETED>

<DELETED>SEC. 305. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Scholarships.--There are authorized to be appropriated 
to carry out section 303 $800,000 for fiscal year 2000 and such sums as 
may be necessary for fiscal years 2001 through 2006.</DELETED>
<DELETED>    (b) Staff Development Curriculum.--There are authorized to 
be appropriated to carry out section 304 $800,000 for fiscal year 2000 
and such sums as may be necessary for each of fiscal years 2001 and 
2002.</DELETED>

                  <DELETED>TITLE IV--REPEAL</DELETED>

<DELETED>SEC. 401. REPEAL.</DELETED>

<DELETED>    The Developmental Disabilities Assistance and Bill of 
Rights Act (42 U.S.C. 6000 et seq.) is repealed.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Developmental 
Disabilities Assistance and Bill of Rights Act of 1999''.
    (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. 
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. 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 are 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, 
        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;
                    (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 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 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. 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 
        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;
                            (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.
                    (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;
                            (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--
                            (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.
            (28) State.--The term ``State'', except as otherwise 
        provided, includes, in addition to each of the several States 
        of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.
            (29) State council on developmental disabilities.--The term 
        ``State Council on Developmental Disabilities'' means a Council 
        established under section 125.
            (30) Supported employment services.--The term ``supported 
        employment services'' means services that enable individuals 
        with developmental disabilities to perform competitive work in 
        integrated work settings, in the case of individuals with 
        developmental disabilities--
                    (A)(i) for whom competitive employment has not 
                traditionally occurred; or
                    (ii) for whom competitive employment has been 
                interrupted or intermittent as a result of significant 
                disabilities; and
                    (B) who, because of the nature and severity of 
                their disabilities, need intensive supported employment 
                services or extended services in order to perform such 
                work.
            (31) Transportation-related activities.--The term 
        ``transportation-related activities'' means advocacy, capacity 
        building, and systemic change activities that result in 
        individuals with developmental disabilities having access to 
        and use of transportation.
            (32) Unserved and underserved.--The term ``unserved and 
        underserved'' includes populations such as individuals from 
        racial and ethnic minority backgrounds, disadvantaged 
        individuals, individuals with limited English proficiency, 
        individuals from underserved geographic areas (rural or urban), 
        and specific groups of individuals within the population of 
        individuals with developmental disabilities, including 
        individuals who require assistive technology in order to 
        participate in and contribute to community life.

SEC. 103. RECORDS AND AUDITS.

    (a) Records.--Each recipient of assistance under this title shall 
keep such records as the Secretary shall prescribe, including--
            (1) records that fully disclose--
                    (A) the amount and disposition by such recipient of 
                the assistance;
                    (B) the total cost of the project or undertaking in 
                connection with which such assistance is given or used; 
                and
                    (C) the amount of that portion of the cost of the 
                project or undertaking that is supplied by other 
                sources; and
            (2) such other records as will facilitate an effective 
        audit.
    (b) Access.--The Secretary and the Comptroller General of the 
United States, or any of their duly authorized representatives, shall 
have access for the purpose of audit and examination to any books, 
documents, papers, and records of the recipients of assistance under 
this title that are pertinent to such assistance.

SEC. 104. RESPONSIBILITIES OF THE SECRETARY.

    (a) Program Accountability.--
            (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, 2000.
            (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 later than 180 days 
                after the date of enactment of this Act, the Secretary 
                shall develop and publish in the Federal Register for 
                public comment proposed indicators of progress for 
                monitoring how entities described in paragraph (1) have 
                addressed the areas of emphasis described in paragraph 
                (2) in a manner that is responsive to the purpose of 
                this title and consistent with the policy described in 
                section 101(c).
                    (C) Final indicators.--Not later than October 1, 
                2000, 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;
                                    (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 2001 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, 2000.
    (b) Time Line for Regulations.--Except as otherwise expressly 
provided in this title, the Secretary, not later than 1 year after the 
date of enactment of this Act, shall promulgate such regulations as may 
be required for the implementation of this title.
    (c) Interagency Committee.--
            (1) In general.--The Secretary shall maintain the 
        interagency committee authorized in section 108 of the 
        Developmental Disabilities Assistance and Bill of Rights Act 
        (42 U.S.C. 6007) as in effect on the day before the date of 
        enactment of this Act, except as otherwise provided in this 
        subsection.
            (2) Composition.--The interagency committee shall be 
        composed of representatives of--
                    (A) the Administration on Developmental 
                Disabilities, the Administration on Children, Youth, 
                and Families, the Administration on Aging, and the 
                Health Resources and Services Administration, of the 
                Department of Health and Human Services; and
                    (B) such other Federal departments and agencies as 
                the Secretary of Health and Human Services considers to 
                be appropriate.
            (3) Duties.--Such interagency committee shall meet 
        regularly to coordinate and plan activities conducted by 
        Federal departments and agencies for individuals with 
        developmental disabilities.
            (4) Meetings.--Each meeting of the interagency committee 
        (except for any meetings of any subcommittees of the committee) 
        shall be open to the public. Notice of each meeting, and a 
        statement of the agenda for the meeting, shall be published in 
        the Federal Register not later than 14 days before the date on 
        which the meeting is to occur.

SEC. 105. REPORTS OF THE SECRETARY.

    At least once every 2 years, the Secretary, using information 
submitted in the reports and information required under subtitles B, C, 
D, and E, shall prepare and submit to the President, Congress, and the 
National Council on Disability, a report that describes the goals and 
outcomes of programs supported under subtitles B, C, D, and E. In 
preparing the report, the Secretary shall provide--
            (1) meaningful examples of how the councils, protection and 
        advocacy systems, centers, and entities funded under subtitles 
        B, C, D, and E, respectively--
                    (A) have undertaken coordinated activities with 
                each other;
                    (B) have enhanced the ability of individuals with 
                developmental disabilities and their families to 
                participate in the design of and have access to needed 
                community services, individualized supports, and other 
                forms of assistance that promote self-determination, 
                independence, productivity, and integration and 
                inclusion in all facets of community life;
                    (C) have brought about advocacy, capacity building, 
                and systemic change activities (including policy 
                reform), and other actions on behalf of individuals 
                with developmental disabilities and their families, 
                including individuals who are traditionally unserved or 
                underserved, particularly individuals who are members 
                of ethnic and racial minority groups and individuals 
                from underserved geographic areas; and
                    (D) have brought about advocacy, capacity building, 
                and systemic change activities that affect individuals 
                with disabilities other than individuals with 
                developmental disabilities;
            (2) information on the extent to which programs authorized 
        under this title have addressed--
                    (A) protecting individuals with developmental 
                disabilities from abuse, neglect, sexual and financial 
                exploitation, and violations of legal and human rights, 
                so that those individuals are at no greater risk of 
                harm than other persons in the general population; and
                    (B) reports of deaths of and serious injuries to 
                individuals with developmental disabilities; and
            (3) a summary of any incidents of noncompliance of the 
        programs authorized under this title with the provisions of 
        this title, and corrections made or actions taken to obtain 
        compliance.

SEC. 106. STATE CONTROL OF OPERATIONS.

    Except as otherwise specifically provided, nothing in this title 
shall be construed as conferring on any Federal officer or employee the 
right to exercise any supervision or control over the administration, 
personnel, maintenance, or operation of any programs, services, and 
supports for individuals with developmental disabilities with respect 
to which any funds have been or may be expended under this title.

SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.

    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 U.S.C. 791 et seq.) 
and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.), that govern employment.

SEC. 108. CONSTRUCTION.

    Nothing in this title shall be construed to preclude an entity 
funded under this title from engaging in advocacy, capacity building, 
and systemic change activities for individuals with developmental 
disabilities that may also have a positive impact on individuals with 
other disabilities.

SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.

    (a) In General.--Congress makes the following findings respecting 
the rights of individuals with developmental disabilities:
            (1) Individuals with developmental disabilities have a 
        right to appropriate treatment, services, and habilitation for 
        such disabilities, consistent with section 101(c).
            (2) The treatment, services, and habitation for an 
        individual with developmental disabilities should be designed 
        to maximize the potential of the individual and should be 
        provided in the setting that is least restrictive of the 
        individual's personal liberty.
            (3) The Federal Government and the States both have an 
        obligation to ensure that public funds are provided only to 
        institutional programs, residential programs, and other 
        community programs, including educational programs in which 
        individuals with developmental disabilities participate, that--
                    (A) provide treatment, services, and habilitation 
                that are appropriate to the needs of such individuals; 
                and
                    (B) meet minimum standards relating to--
                            (i) provision of care that is free of 
                        abuse, neglect, sexual and financial 
                        exploitation, and violations of legal and human 
                        rights and that subjects individuals with 
                        developmental disabilities to no greater risk 
                        of harm than others in the general population;
                            (ii) provision to such individuals of 
                        appropriate and sufficient medical and dental 
                        services;
                            (iii) prohibition of the use of physical 
                        restraint and seclusion for such an individual 
                        unless absolutely necessary to ensure the 
                        immediate physical safety of the individual or 
                        others, and prohibition of the use of such 
                        restraint and seclusion as a punishment or as a 
                        substitute for a habilitation program;
                            (iv) prohibition of the excessive use of 
                        chemical restraints on such individuals and the 
                        use of such restraints as punishment or as a 
                        substitute for a habilitation program or in 
                        quantities that interfere with services, 
                        treatment, or habilitation for such 
                        individuals; and
                            (v) provision for close relatives or 
                        guardians of such individuals to visit the 
                        individuals without prior notice.
            (4) All programs for individuals with developmental 
        disabilities should meet standards--
                    (A) that are designed to assure the most favorable 
                possible outcome for those served; and
                    (B)(i) in the case of residential programs serving 
                individuals in need of comprehensive health-related, 
                habilitative, assistive technology or rehabilitative 
                services, that are at least equivalent to those 
                standards applicable to intermediate care facilities 
                for the mentally retarded, promulgated in regulations 
                of the Secretary on June 3, 1988, as appropriate, 
                taking into account the size of the institutions and 
                the service delivery arrangements of the facilities of 
                the programs;
                    (ii) in the case of other residential programs for 
                individuals with developmental disabilities, that 
                assure that--
                            (I) care is appropriate to the needs of the 
                        individuals being served by such programs;
                            (II) the individuals admitted to facilities 
                        of such programs are individuals whose needs 
                        can be met through services provided by such 
                        facilities; and
                            (III) the facilities of such programs 
                        provide for the humane care of the residents of 
                        the facilities, are sanitary, and protect their 
                        rights; and
                    (iii) in the case of nonresidential programs, that 
                assure that the care provided by such programs is 
                appropriate to the individuals served by the programs.
    (b) Clarification.--The rights of individuals with developmental 
disabilities described in findings made in this section shall be 
considered to be in addition to any constitutional or other rights 
otherwise afforded to all individuals.

   Subtitle B--Federal Assistance to State Councils on Developmental 
                              Disabilities

SEC. 121. PURPOSE.

    The purpose of this subtitle is to provide for allotments to 
support State Councils on Developmental Disabilities (referred to 
individually in this subtitle as a ``Council'') in each State to--
            (1) engage in advocacy, capacity building, and systemic 
        change activities that are consistent with the purpose 
        described in section 101(b) and the policy described in section 
        101(c); and
            (2) contribute to a coordinated, consumer- and family-
        centered, consumer- and family-directed, comprehensive system 
        of community services, individualized supports, and other forms 
        of assistance that enable individuals with developmental 
        disabilities to exercise self-determination, be independent, be 
        productive, and be integrated and included in all facets of 
        community life.

SEC. 122. STATE ALLOTMENTS.

    (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.
                    (B) Use of funds.--Sums allotted to the States 
                under this section shall be used to pay for the Federal 
                share of the cost of carrying out projects in 
                accordance with State plans approved under section 124 
                for the provision under such plans of services for 
                individuals with developmental disabilities.
            (2) Adjustments.--The Secretary may make adjustments in the 
        amounts of State allotments based on clauses (i), (ii), and 
        (iii) of paragraph (1)(A) not more often than annually. The 
        Secretary shall notify each State of any adjustment made under 
        this paragraph and the percentage of the total sums 
        appropriated under section 129 that the adjusted allotment 
        represents not later than 6 months before the beginning of the 
        fiscal year in which such adjustment is to take effect.
            (3) Minimum allotment for appropriations less than or equal 
        to $70,000,000.--
                    (A) In general.--Except as provided in paragraph 
                (4), for any fiscal year the allotment under this 
                section--
                            (i) to each of American Samoa, Guam, the 
                        United States Virgin Islands, or the 
                        Commonwealth of the Northern Mariana Islands 
                        may not be less than $210,000; and
                            (ii) to any State not described in clause 
                        (i) may not be less than $400,000.
                    (B) Reduction of allotment.--Notwithstanding 
                subparagraph (A), if the aggregate of the amounts to be 
                allotted to the States pursuant to subparagraph (A) for 
                any fiscal year exceeds the total amount appropriated 
                under section 129 for such fiscal year, the amount to 
                be allotted to each State for such fiscal year shall be 
                proportionately reduced.
            (4) Minimum allotment for appropriations in excess of 
        $70,000,000.--
                    (A) In general.--In any case in which the total 
                amount appropriated under section 129 for a fiscal year 
                is more than $70,000,000, the allotment under this 
                section for such fiscal year--
                            (i) to each of American Samoa, Guam, the 
                        United States Virgin Islands, or the 
                        Commonwealth of the Northern Mariana Islands 
                        may not be less than $220,000; and
                            (ii) to any State not described in clause 
                        (i) may not be less than $450,000.
                    (B) Reduction of allotment.--The requirements of 
                paragraph (3)(B) shall apply with respect to amounts to 
                be allotted to States under subparagraph (A), in the 
                same manner and to the same extent as such requirements 
                apply with respect to amounts to be allotted to States 
                under paragraph (3)(A).
            (5) State supports, services, and other activities.--In 
        determining, for purposes of paragraph (1)(A)(ii), the extent 
        of need in any State for services for individuals with 
        developmental disabilities, the Secretary shall take into 
        account the scope and extent of the services, supports, and 
        assistance described, pursuant to section 124(c)(3)(A), in the 
        State plan of the State.
            (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.
            (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 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. 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--
                            (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 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 2001, 
                        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.--
                    (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.
                    (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).
                    (M) State quality assurance.--The plan shall 
                provide assurances that the Council will participate in 
                the planning, design or redesign, and monitoring of 
                State quality assurance systems that affect individuals 
                with developmental disabilities.
                    (N) Other assurances.--The plan shall contain such 
                additional information and assurances as the Secretary 
                may find necessary to carry out the provisions 
                (including the purpose) of this subtitle.
    (d) Public Input and Review, Submission, and Approval.--
            (1) Public input and review.--The plan shall be based on 
        public input. The Council shall make the plan available for 
        public review and comment, after providing appropriate and 
        sufficient notice in accessible formats of the opportunity for 
        such review and comment. The Council shall revise the plan to 
        take into account and respond to significant comments.
            (2) Consultation with the designated state agency.--Before 
        the plan is submitted to the Secretary, the Council shall 
        consult with the designated State agency to ensure that the 
        State plan is consistent with State law and to obtain 
        appropriate State plan assurances.
            (3) Plan approval.--The Secretary shall approve any State 
        plan and, as appropriate, amendments of such plan that comply 
        with the provisions of subsections (a), (b), and (c) and this 
        subsection. The Secretary may take final action to disapprove a 
        State plan after providing reasonable notice and an opportunity 
        for a hearing to the State.

SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABILITIES AND DESIGNATED 
              STATE AGENCIES.

    (a) In General.--Each State that receives assistance under this 
subtitle shall establish and maintain a Council to undertake advocacy, 
capacity building, and systemic change activities (consistent with 
subsections (b) and (c) of section 101) that contribute to a 
coordinated, consumer- and family-centered, consumer- and family-
directed, comprehensive system of community services, individualized 
supports, and other forms of assistance that contribute to the 
achievement of the purpose of this subtitle. The Council shall have the 
authority to fulfill the responsibilities described in subsection (c).
    (b) Council Membership.--
            (1) Council appointments.--
                    (A) In general.--The members of the Council of a 
                State shall be appointed by the Governor of the State 
                from among the residents of that State.
                    (B) Recommendations.--The Governor shall select 
                members of the Council, at the discretion of the 
                Governor, after soliciting recommendations from 
                organizations representing a broad range of individuals 
                with developmental disabilities and individuals 
                interested in individuals with developmental 
                disabilities, including the non-State agency members of 
                the Council. The Council may, at the initiative of the 
                Council, or on the request of the Governor, coordinate 
                Council and public input to the Governor regarding all 
                recommendations.
                    (C) Representation.--The membership of the Council 
                shall be geographically representative of the State and 
                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 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).
                    (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, 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 assess 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.
                    (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 2001, 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.
            (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 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 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) for 
                        the fiscal year that is not less than the total 
                        amount the State expended from such sources for 
                        carrying out similar responsibilities for the 
                        previous fiscal year.
                            (ii) Exception.--Clause (i) shall not apply 
                        in a year in which the Council is the 
                        designated State agency.
                    (B) Support services provided by other agencies.--
                With the agreement of the designated State agency, the 
                Council may use or contract with agencies other than 
                the designated State agency to perform the functions of 
                the designated State agency.

SEC. 126. FEDERAL AND NON-FEDERAL SHARE.

    (a) Aggregate Cost.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the Federal share of the cost of all projects in a State 
        supported by an allotment to the State under this subtitle may 
        not be more than 75 percent of the aggregate necessary cost of 
        such projects, as determined by the Secretary.
            (2) Urban or rural poverty areas.--In the case of projects 
        whose activities or products target individuals with 
        developmental disabilities who live in urban or rural poverty 
        areas, as determined by the Secretary, the Federal share of the 
        cost of all such projects may not be more than 90 percent of 
        the aggregate necessary cost of such projects, as determined by 
        the Secretary.
            (3) State plan activities.--In the case of projects 
        undertaken by the Council or Council staff to implement State 
        plan activities, the Federal share of the cost of all such 
        projects may be not more than 100 percent of the aggregate 
        necessary cost of such activities.
    (b) Nonduplication.--In determining the amount of any State's 
Federal share of the cost of such projects incurred by such State under 
a State plan approved under section 124, the Secretary shall not 
consider--
            (1) any portion of such cost that is financed by Federal 
        funds provided under any provision of law other than section 
        122; and
            (2) the amount of any non-Federal funds required to be 
        expended as a condition of receipt of the Federal funds 
        described in paragraph (1).
    (c) Non-Federal Share.--
            (1) In-kind contributions.--The non-Federal share of the 
        cost of any project supported by an allotment under this 
        subtitle may be provided in cash or in kind, fairly evaluated, 
        including plant, equipment, or services.
            (2) Contributions of political subdivisions and public or 
        private entities.--
                    (A) In general.--Contributions to projects by a 
                political subdivision of a State or by a public or 
                private entity under an agreement with the State shall, 
                subject to such limitations and conditions as the 
                Secretary may by regulation prescribe under section 
                104(b), be considered to be contributions by such 
                State, in the case of a project supported under this 
                subtitle.
                    (B) State contributions.--State contributions, 
                including contributions by the designated State agency 
                to 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. WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION, AND 
              SERVICES.

    Whenever the Secretary, after providing reasonable notice and an 
opportunity for a hearing to the Council and the designated State 
agency, finds that--
            (1) the Council or agency has failed to comply 
        substantially with any of the provisions required by section 
        124 to be included in the State plan, particularly provisions 
        required by paragraphs (4)(A) and (5)(B)(vii) of section 
        124(c), or with any of the provisions required by section 
        125(b)(3); or
            (2) the Council or agency has failed to comply 
        substantially with any regulations of the Secretary that are 
        applicable to this subtitle,
the Secretary shall notify such Council and agency that the Secretary 
will not make further payments to the State under section 122 (or, in 
the discretion of the Secretary, that further payments to the State 
under section 122 for activities for which there is such failure), 
until the Secretary is satisfied that there will no longer be such 
failure. Until the Secretary is so satisfied, the Secretary shall make 
no further payments to the State under section 122, or shall limit 
further payments under section 122 to such State to activities for 
which there is no such failure.

SEC. 128. APPEALS BY STATES.

    (a) Appeal.--If any State is dissatisfied with the Secretary's 
action under section 124(d)(3) or 127, such State may appeal to the 
United States court of appeals for the circuit in which such State is 
located, by filing a petition with such court not later than 60 days 
after such action.
    (b) Filing.--The clerk of the court shall transmit promptly a copy 
of the petition to the Secretary, or any officer designated by the 
Secretary for that purpose. The Secretary shall file promptly with the 
court the record of the proceedings on which the Secretary based the 
action, as provided in section 2112 of title 28, United States Code.
    (c) Jurisdiction.--Upon the filing of the petition, the court shall 
have jurisdiction to affirm the action of the Secretary or to set the 
action aside, in whole or in part, temporarily or permanently. Until 
the filing of the record, the Secretary may modify or set aside the 
order of the Secretary relating to the action.
    (d) Findings and Remand.--The findings of the Secretary about the 
facts, if supported by substantial evidence, shall be conclusive, but 
the court, for good cause shown, may remand the case involved to the 
Secretary for further proceedings to take further evidence. On remand, 
the Secretary may make new or modified findings of fact and may modify 
the previous action of the Secretary, and shall file with the court the 
record of the further proceedings. Such new or modified findings of 
fact shall likewise be conclusive if supported by substantial evidence.
    (e) Finality.--The judgment of the court affirming or setting 
aside, in whole or in part, any action of the Secretary shall be final, 
subject to review by the Supreme Court of the United States upon 
certiorari or certification as provided in section 1254 of title 28, 
United States Code.
    (f) Effect.--The commencement of proceedings under this section 
shall not, unless so specifically ordered by a court, operate as a stay 
of the Secretary's action.

SEC. 129. AUTHORIZATION OF APPROPRIATIONS.

    (a) Funding for State Allotments.--Except as described in 
subsection (b), there are authorized to be appropriated for allotments 
under section 122 $76,000,000 for fiscal year 2000 and such sums as may 
be necessary for each of fiscal years 2001 through 2006.
    (b) Reservation for Technical Assistance.--
            (1) Lower appropriation years.--For any fiscal year for 
        which the amount appropriated under subsection (a) is less than 
        $76,000,000, the Secretary shall reserve funds in accordance 
        with section 163(c) to provide technical assistance to entities 
        funded under this subtitle.
            (2) Higher appropriation years.--For any fiscal year for 
        which the amount appropriated under subsection (a) is not less 
        than $76,000,000, the Secretary shall reserve not less than 
        $300,000 and not more than 1 percent of the amount appropriated 
        under subsection (a) to provide technical assistance to 
        entities funded under this subtitle.

        Subtitle C--Protection and Advocacy of Individual Rights

SEC. 141. PURPOSE.

    The purpose of this subtitle is to provide for allotments to 
support a protection and advocacy system (referred to in this subtitle 
as a ``system'') in each State to protect the legal and human rights of 
individuals with developmental disabilities in accordance with this 
subtitle.

SEC. 142. ALLOTMENTS AND PAYMENTS.

    (a) Allotments.--
            (1) In general.--To assist States in meeting the 
        requirements of section 143(a), the Secretary shall allot to 
        the States the amounts appropriated under section 145 and not 
        reserved under paragraph (6). Allotments and reallotments of 
        such sums shall be made on the same basis as the allotments and 
        reallotments are made under subsections (a)(1)(A) and (e) of 
        section 122, except as provided in paragraph (2).
            (2) Minimum allotments.--In any case in which--
                    (A) the total amount appropriated under section 145 
                for a fiscal year is not less than $20,000,000, the 
                allotment under paragraph (1) for such fiscal year--
                            (i) to each of American Samoa, Guam, the 
                        United States Virgin Islands, and the 
                        Commonwealth of the Northern Mariana Islands 
                        may not be less than $107,000; and
                            (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
                    (B) provide a grant in accordance with section 
                143(b), and in an amount described in paragraph 
                (2)(A)(i), to an American Indian consortium to provide 
                protection and advocacy services.
    (b) Payment to Systems.--Notwithstanding any other provision of 
law, the Secretary shall pay directly to any system in a State that 
complies with the provisions of this subtitle the amount of the 
allotment made for the State under this section, unless the system 
specifies otherwise.
    (c) Unobligated Funds.--Any amount paid to a system under this 
subtitle for a fiscal year and remaining unobligated at the end of such 
year shall remain available to such system for the next fiscal year, 
for the purposes for which such amount was paid.

SEC. 143. SYSTEM REQUIRED.

    (a) System Required.--In order for a State to receive an allotment 
under subtitle B or this subtitle--
            (1) the State shall have in effect a system to protect and 
        advocate the rights of individuals with developmental 
        disabilities;
            (2) such system shall--
                    (A) have the authority to--
                            (i) pursue legal, administrative, and other 
                        appropriate remedies or approaches to ensure 
                        the protection of, and advocacy for, the rights 
                        of such individuals within the State who are or 
                        who may be eligible for treatment, services, or 
                        habilitation, or who are being considered for a 
                        change in living arrangements, with particular 
                        attention to members of ethnic and racial 
                        minority groups; and
                            (ii) provide information on and referral to 
                        programs and services addressing the needs of 
                        individuals with developmental disabilities;
                    (B) have the authority to investigate incidents of 
                abuse and neglect of individuals with developmental 
                disabilities if the incidents are reported to the 
                system or if there is probable cause to believe that 
                the incidents occurred;
                    (C) on an annual basis, develop, submit to the 
                Secretary, and take action with regard to goals (each 
                of which is related to 1 or more areas of emphasis) and 
                priorities, developed through data driven strategic 
                planning, for the system's activities;
                    (D) on an annual basis, provide to the public, 
                including individuals with developmental disabilities 
                attributable to either physical impairment, mental 
                impairment, or a combination of physical and mental 
                impairment, and their representatives, and as 
                appropriate, non-State agency representatives of the 
                State Councils on Developmental Disabilities, and 
                Centers, in the State, an opportunity to comment on--
                            (i) the goals and priorities established by 
                        the system and the rationale for the 
                        establishment of such goals; and
                            (ii) the activities of the system, 
                        including the coordination of services with the 
                        entities carrying out advocacy programs under 
                        the Rehabilitation Act of 1973 (29 U.S.C. 701 
                        et seq.), the Older Americans 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;
                                    (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;
                    (C) the State has given timely notice and an 
                opportunity for public comment in an accessible format 
                to individuals with developmental disabilities or their 
                representatives; and
                    (D) the system has an opportunity to appeal the 
                redesignation to the Secretary, on the basis that the 
                redesignation was not for good cause.
    (b) American Indian Consortium.--Upon application to the Secretary, 
an American Indian consortium established to provide protection and 
advocacy services under this subtitle, shall receive funding pursuant 
to section 142(a)(6) to provide the services. Such consortium shall be 
considered to be a system for purposes of this subtitle and shall 
coordinate the services with other systems serving the same geographic 
area. The tribal council that designates the consortium shall carry out 
the responsibilities and exercise the authorities specified for a State 
in this subtitle, with regard to the consortium.
    (c) Record.--In this section, the term ``record'' includes--
            (1) a report prepared or received by any staff at any 
        location at which services, supports, or other assistance is 
        provided to individuals with developmental disabilities;
            (2) a report prepared by an agency or staff person charged 
        with investigating reports of incidents of abuse or neglect, 
        injury, or death occurring at such location, that describes 
        such incidents and the steps taken to investigate such 
        incidents; and
            (3) a discharge planning record.

SEC. 144. ADMINISTRATION.

    (a) Governing Board.--In a State in which the system described in 
section 143 is organized as a private nonprofit entity with a 
multimember governing board, or a public system with a multimember 
governing board, such governing board shall be selected according to 
the policies and procedures of the system, except that--
            (1)(A) the governing board shall be composed of members who 
        broadly represent or are knowledgeable about the needs of the 
        individuals served by the system;
            (B) a majority of the members of the board shall be--
                    (i) individuals with disabilities, including 
                individuals with developmental disabilities, who are 
                eligible for services, or have received or are 
                receiving services through the system; or
                    (ii) parents, family members, guardians, advocates, 
                or authorized representatives of individuals referred 
                to in clause (i); and
            (C) the board may include a representative of the State 
        Council on Developmental Disabilities, the Centers in the 
        State, and the self-advocacy organization described in section 
        124(c)(4)(A)(ii)(I);
            (2) not more than \1/3\ of the members of the governing 
        board may be appointed by the chief executive officer of the 
        State involved, in the case of any State in which such officer 
        has the authority to appoint members of the board;
            (3) the membership of the governing board shall be subject 
        to term limits set by the system to ensure rotating membership;
            (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 2001, 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. AUTHORIZATION OF APPROPRIATIONS.

    For allotments under section 142, there are authorized to be 
appropriated $32,000,000 for fiscal year 2000 and such sums as may be 
necessary for each of fiscal years 2001 through 2006.

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

SEC. 151. GRANT AUTHORITY.

    (a) National Network.--From appropriations authorized under section 
156(a)(1), the Secretary shall make 5-year grants to entities in each 
State designated as University Centers for Excellence in Developmental 
Disabilities Education, Research, and Service to carry out activities 
described in section 153(a).
    (b) National Training Initiatives.--From appropriations authorized 
under section 156(a)(1) and reserved under section 156(a)(2), the 
Secretary shall make grants to Centers to carry out activities 
described in section 153(b).
    (c) Technical Assistance.--From appropriations authorized under 
section 156(a)(1) and reserved under section 156(a)(3) (or from funds 
reserved under section 163, as appropriate), the Secretary shall enter 
into 1 or more cooperative agreements or contracts for the purpose of 
providing technical assistance described in section 153(c).

SEC. 152. GRANT AWARDS.

    (a) Existing Centers.--
            (1) In general.--In awarding and distributing grant funds 
        under section 151(a) for a fiscal year, the Secretary, subject 
        to the availability of appropriations and the condition 
        specified in subsection (d), shall award and distribute grant 
        funds in equal amounts of $500,000 (adjusted in accordance with 
        subsection (b)), to each Center that existed during the 
        preceding fiscal year and that meets the requirements of this 
        subtitle, prior to making grants under subsection (c) or (d).
            (2) Reduction of award.--Notwithstanding paragraph (1), if 
        the aggregate of the funds to be awarded to the Centers 
        pursuant to paragraph (1) for any fiscal year exceeds the total 
        amount appropriated under section 156 for such fiscal year, the 
        amount to be awarded to each Center for such fiscal year shall 
        be proportionately reduced.
    (b) Adjustments.--Subject to the availability of appropriations, 
for any fiscal year following a year in which each Center described in 
subsection (a) received a grant award of not less than $500,000 under 
subsection (a) (adjusted in accordance with this subsection), the 
Secretary shall adjust the awards to take into account the most recent 
percentage change in the Consumer Price Index published by the 
Secretary of Labor under section 100(c)(1) of the Rehabilitation Act of 
1973 (29 U.S.C. 720(c)(1)) (if the percentage change indicates an 
increase), prior to making grants under subsection (c) or (d).
    (c) National Training Initiatives on Critical and Emerging Needs.--
Subject to the availability of appropriations, for any fiscal year in 
which each Center described in subsection (a) receives a grant award of 
not less than $500,000, under subsection (a) (adjusted in accordance 
with subsection (b)), after making the grant awards, the Secretary 
shall make grants under section 151(b) to Centers to pay for the 
Federal share of the cost of training initiatives related to the unmet 
needs of individuals with developmental disabilities and their 
families, as described in section 153(b).
    (d) Additional Grants.--For any fiscal year in which each Center 
described in subsection (a) receives a grant award of not less than 
$500,000 under subsection (a) (adjusted in accordance with subsection 
(b)), after making the grant awards, the Secretary may make grants 
under section 151(a) for activities described in section 153(a) to 
additional Centers, or additional grants to Centers, for States or 
populations that are unserved or underserved by Centers due to such 
factors as--
            (1) population;
            (2) a high concentration of rural or urban areas; or
            (3) a high concentration of unserved or underserved 
        populations.

SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES.

    (a) National Network of University Centers for Excellence in 
Developmental Disabilities Education, Research, and Service.--
            (1) In general.--In order to provide leadership in, advise 
        Federal, State, and community policymakers about, and promote 
        opportunities for individuals with developmental disabilities 
        to exercise self-determination, be independent, be productive, 
        and be integrated and included in all facets of community life, 
        the Secretary shall award grants to eligible entities 
        designated as Centers in each State to pay for the Federal 
        share of the cost of the administration and operation of the 
        Centers. The Centers shall be interdisciplinary education, 
        research, and public service units of universities (as defined 
        by the Secretary) or public or not-for-profit entities 
        associated with universities that engage in core functions, 
        described in paragraph (2), addressing, directly or indirectly, 
        1 or more of the areas of emphasis.
            (2) Core functions.--The core functions referred to in 
        paragraph (1) shall include the following:
                    (A) Provision of interdisciplinary pre-service 
                preparation and continuing education of students and 
                fellows, which may include the preparation and 
                continuing education of leadership, direct service, 
                clinical, or other personnel to strengthen and increase 
                the capacity of States and communities to achieve the 
                purpose of this title.
                    (B) Provision of community services--
                            (i) that provide training or technical 
                        assistance for individuals with developmental 
                        disabilities, their families, professionals, 
                        paraprofessionals, policymakers, students, and 
                        other members of the community; and
                            (ii) that may provide services, supports, 
                        and assistance for the persons described in 
                        clause (i) through demonstration and model 
                        activities.
                    (C) Conduct of research, which may include basic or 
                applied research, evaluation, and the analysis of 
                public policy in areas that affect or could affect, 
                either positively or negatively, individuals with 
                developmental disabilities and their families.
                    (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.

SEC. 154. APPLICATIONS.

    (a) Applications for Core Center Grants.--
            (1) In general.--To be eligible to receive a grant under 
        section 151(a) for a Center, an entity shall submit to the 
        Secretary, and obtain approval of, an application at such time, 
        in such manner, and containing such information, as the 
        Secretary may require.
            (2) Application contents.--Each application described in 
        paragraph (1) shall describe a 5-year plan, including a 
        projected goal related to 1 or more areas of emphasis for each 
        of the core functions described in section 153(a).
            (3) Assurances.--The application shall be approved by the 
        Secretary only if the application contains or is supported by 
        reasonable assurances that the entity designated as the Center 
        will--
                    (A) meet regulatory standards as established by the 
                Secretary for Centers;
                    (B) address the projected goals, and carry out 
                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
                                    (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 
        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
            (3) a description of successful efforts to leverage funds, 
        other than funds made available under this subtitle, to pursue 
        goals consistent with this subtitle.

SEC. 155. DEFINITION.

    In this subtitle, the term ``State'' means each of the several 
States of the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, the United States Virgin Islands, and Guam.

SEC. 156. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization and Reservations.--
            (1) Authorization.--There are authorized to be appropriated 
        to carry out this subtitle (other than section 153(c)(4)) 
        $30,000,000 for fiscal year 2000 and such sums as may be 
        necessary for each of fiscal years 2001 through 2006.
            (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 2000, 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 2000, adjusted to take into account the most recent 
        percentage change in the Consumer Price Index published by the 
        Secretary of Labor under section 100(c)(1) of the 
        Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the 
        percentage change indicates an increase).

             Subtitle E--Projects of National Significance

SEC. 161. PURPOSE.

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

SEC. 162. GRANT AUTHORITY.

    (a) In General.--The Secretary shall award grants, contracts, or 
cooperative agreements to public or private nonprofit entities for 
projects of national significance relating to individuals with 
developmental disabilities to carry out activities described in section 
161(2).
    (b) Federal Interagency Initiatives.--
            (1) In general.--
                    (A) Authority.--The Secretary may--
                            (i) enter into agreements with Federal 
                        agencies to jointly carry out activities 
                        described in section 161(2) or to jointly carry 
                        out activities of common interest related to 
                        the objectives of such section; and
                            (ii) transfer to such agencies for such 
                        purposes funds appropriated under this 
                        subtitle, and receive and use funds from such 
                        agencies for such purposes.
                    (B) Relation to program purposes.--Funds 
                transferred or received pursuant to this paragraph 
                shall be used only in accordance with statutes 
                authorizing the appropriation of such funds. Such funds 
                shall be made available through grants, contracts, or 
                cooperative agreements only to recipients eligible to 
                receive such funds under such statutes.
                    (C) Procedures and criteria.--If the Secretary 
                enters into an agreement under this subsection for the 
                administration of a jointly funded project--
                            (i) the agreement shall specify which 
                        agency's procedures shall be used to award 
                        grants, contracts, or cooperative agreements 
                        and to administer such awards;
                            (ii) the participating agencies may develop 
                        a single set of criteria for the jointly funded 
                        project, and may require applicants to submit a 
                        single application for joint review by such 
                        agencies; and
                            (iii) unless the heads of the participating 
                        agencies develop joint eligibility 
                        requirements, an applicant for an award for the 
                        project shall meet the eligibility requirements 
                        of each program involved.
            (2) Limitation.--The Secretary may not construe the 
        provisions of this subsection to take precedence over a 
        limitation on joint funding contained in an applicable statute.

SEC. 163. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out the projects specified in this section $16,000,000 for fiscal year 
2000, and such sums as may be necessary for each of fiscal years 2001 
through 2006.
    (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 on 
        Developmental Disabilities for administering this subtitle and 
        subtitles B, C, and D, including monitoring the performance of 
        and providing technical assistance to, entities that receive 
        funds under this title.
    (c) Technical Assistance for Councils and Centers.--
            (1) In general.--For each covered year, the Secretary shall 
        expend, to provide technical assistance for entities funded 
        under subtitle B or D, an amount from funds appropriated under 
        subsection (a) that is not less than the amount the Secretary 
        expended on technical assistance for entities funded under that 
        subtitle (or a corresponding provision) in the previous fiscal 
        year.
            (2) Covered year.--In this subsection, the term ``covered 
        year'' means--
                    (A) in the case of an expenditure for entities 
                funded under subtitle B, a fiscal year for which the 
                amount appropriated under section 129(a) is less than 
                $76,000,000; and
                    (B) in the case of an expenditure for entities 
                funded under subtitle D, a fiscal year prior to the 
                first fiscal year for which the amount appropriated 
                under section 156(a)(1) is not less than $20,000,000.
            (3) References.--References in this subsection to subtitle 
        D shall not be considered to include section 153(c)(4).
    (d) Technical Assistance on Electronic Information Sharing.--In 
addition to any funds reserved under subsection (c), the Secretary 
shall reserve $100,000 from the amount appropriated under subsection 
(a) for each fiscal year to carry out section 153(c)(4).
    (e) Limitation.--For any fiscal year for which the amount 
appropriated under subsection (a) is not less than $10,000,000, not 
more than 50 percent of such amount shall be used for activities 
carried out under section 161(2)(A).

                        TITLE II--FAMILY SUPPORT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Families of Children With 
Disabilities Support Act of 1999''.

SEC. 202. FINDINGS, PURPOSES, AND POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) It is in the best interest of our Nation to preserve, 
        strengthen, and maintain the family.
            (2) Families of children with disabilities provide support, 
        care, and training to their children that can save States 
        millions of dollars. Without the efforts of family caregivers, 
        many persons with disabilities would receive care through 
        State-supported out-of-home placements.
            (3) Most families of children with disabilities, especially 
        families in unserved and underserved populations, do not have 
        access to family-centered and family-directed services to 
        support such families in their efforts to care for such 
        children at home.
            (4) Medical advances and improved health care have 
        increased the life span of many people with disabilities, and 
        the combination of the longer life spans and the aging of 
        family caregivers places a continually increasing demand on the 
        finite service delivery systems of the States.
            (5) In 1996, 49 States provided family support initiatives 
        in response to the needs of families of children with 
        disabilities. Such initiatives included the provision of cash 
        subsidies, respite care, and other forms of support. There is a 
        need in each State, however, to strengthen, expand, and 
        coordinate the activities of a system of family support 
        services for families of children with disabilities that is 
        easily accessible, avoids duplication, uses resources 
        efficiently, and prevents gaps in services to families in all 
        areas of the State.
            (6) The goals of the Nation properly include the goal of 
        providing to families of children with disabilities the family 
        support services necessary--
                    (A) to support the family;
                    (B) to enable families of children with 
                disabilities to nurture and enjoy their children at 
                home;
                    (C) to enable families of children with 
                disabilities to make informed choices and decisions 
                regarding the nature of supports, resources, services, 
                and other assistance made available to such families; 
                and
                    (D) to support family caregivers of adults with 
                disabilities.
    (b) Purposes.--The purposes of this title are--
            (1) to promote and strengthen the implementation of 
        comprehensive State systems of family support services, for 
        families with children with disabilities, that are family-
        centered and family-directed, and that provide families with 
        the greatest possible decisionmaking authority and control 
        regarding the nature and use of services and support;
            (2) to promote leadership by families in planning, policy 
        development, implementation, and evaluation of family support 
        services for families of children with disabilities;
            (3) to promote and develop interagency coordination and 
        collaboration between agencies responsible for providing the 
        services; and
            (4) to increase the availability of, funding for, access 
        to, and provision of family support services for families of 
        children with disabilities.
    (c) Policy.--It is the policy of the United States that all 
programs, projects, and activities funded under this title shall be 
family-centered and family-directed, and shall be provided in a manner 
consistent with the goal of providing families of children with 
disabilities with the support the families need to raise their children 
at home.

SEC. 203. DEFINITIONS AND SPECIAL RULE.

    (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 congenital or acquired condition that 
                presents a high probability of resulting in a 
                disability if services are not provided to the infant 
                or child.
            (2) Family.--
                    (A) In general.--Subject to subparagraph (B), for 
                purposes of the application of this title in a State, 
                the term ``family'' has the meaning given the term by 
                the State.
                    (B) Exclusion of employees.--The term does not 
                include an employee who, acting in a paid employment 
                capacity, provides services to a child with a 
                disability in an out-of-home setting such as a 
                hospital, nursing home, personal care home, board and 
                care home, group home, or other facility.
            (3) Family support for families of children with 
        disabilities.--The term ``family support for families of 
        children with disabilities'' means supports, resources, 
        services, and other assistance provided to families of children 
        with disabilities pursuant to State policy that are designed 
        to--
                    (A) support families in the efforts of such 
                families to raise their children with disabilities in 
                the home;
                    (B) strengthen the role of the family as primary 
                caregiver for such children;
                    (C) prevent involuntary out-of-the-home placement 
                of such children and maintain family unity; and
                    (D) reunite families with children with 
                disabilities who have been placed out of the home, 
                whenever possible.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (5) State.--The term ``State'' means each of the 50 States 
        of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.
            (6) Systems change activities.--The term ``systems change 
        activities'' means efforts that result in laws, regulations, 
        policies, practices, or organizational structures--
                    (A) that are family-centered and family-directed;
                    (B) that facilitate and increase access to, 
                provision of, and funding for, family support services 
                for families of children with disabilities; and
                    (C) that otherwise accomplish the purposes of this 
                title.
    (b) Special Rule.--References in this title to a child with a 
disability shall be considered to include references to an individual 
who is not younger than age 18 who--
            (1) has a significant impairment described in subsection 
        (a)(1)(A); and
            (2) is residing with and receiving assistance from a family 
        member.

SEC. 204. GRANTS TO STATES.

    (a) In General.--The Secretary shall make grants to States on a 
competitive basis, in accordance with the provisions of this title, to 
support systems change activities designed to assist States to develop 
and implement, or expand and enhance, a statewide system of family 
support services for families of children with disabilities that 
accomplishes the purposes of this title.
    (b) Award Period and Grant Limitation.--No grant shall be awarded 
under this section for a period of more than 3 years. No State shall be 
eligible for more than 1 grant under this section.
    (c) Amount of Grants.--
            (1) Grants to states.--
                    (A) Federal matching share.--From amounts 
                appropriated under section 212(a), the Secretary shall 
                pay to each State that has an application approved 
                under section 205, for each year of the grant period, 
                an amount that is--
                            (i) equal to not more than 75 percent of 
                        the cost of the systems change activities to be 
                        carried out by the State; and
                            (ii) not less than $100,000 and not more 
                        than $500,000.
                    (B) Non-federal share.--The non-Federal share of 
                the cost of the systems change activities may be in 
                cash or in kind, fairly evaluated, including plant, 
                equipment, or services.
            (2) Calculation of amounts.--The Secretary shall calculate 
        a grant amount described in paragraph (1) on the basis of--
                    (A) the amounts available for making grants under 
                this section; and
                    (B) the child population of the State concerned.
    (d) Priority for Previously Participating States.--For the second 
and third fiscal years for which amounts are appropriated to carry out 
this section, the Secretary, in providing payments under this section, 
shall give priority to States that received payments under this section 
during the preceding fiscal year.
    (e) Priorities for Distribution.--To the extent practicable, the 
Secretary shall award grants to States under this section in a manner 
that--
            (1) is geographically equitable;
            (2) distributes the grants among States that have differing 
        levels of development of statewide systems of family support 
        services for families of children with disabilities; and
            (3) distributes the grants among States that attempt to 
        meet the needs of unserved and underserved populations, such as 
        individuals from racial and ethnic minority backgrounds, 
        disadvantaged individuals, individuals with limited English 
        proficiency, and individuals from underserved geographic areas 
        (rural or urban).

SEC. 205. APPLICATION.

    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. 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--
            (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. 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. 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. TECHNICAL ASSISTANCE.

    (a) In General.--The Secretary shall enter into contracts or 
cooperative agreements with appropriate public or private agencies and 
organizations, including institutions of higher education, with 
documented experience, expertise, and capacity, for the purpose of 
providing technical assistance and information with respect to the 
development and implementation, or expansion and enhancement, of a 
statewide system of family support services for families of children 
with disabilities.
    (b) Purpose.--An agency or organization that provides technical 
assistance and information under this section in a State that receives 
a grant under this title shall provide the technical assistance and 
information to the lead entity of the State, family members of children 
with disabilities, organizations, service providers, and policymakers 
involved with children with disabilities and their families. Such an 
agency or organization may also provide technical assistance and 
information to a State that does not receive a grant under this title.
    (c) Reports to the Secretary.--An entity providing technical 
assistance and information under this section shall prepare and submit 
to the Secretary periodic reports regarding Federal policies and 
procedures identified within the States that facilitate or impede the 
delivery of family support services to families of children with 
disabilities. The report shall include recommendations to the Secretary 
regarding the delivery of services, coordination with other programs, 
and integration of the policies described in section 202 in Federal 
law, other than this title.

SEC. 210. EVALUATION.

    (a) In General.--The Secretary shall conduct a national evaluation 
of the program of grants to States authorized by this title.
    (b) Purpose.--
            (1) In general.--The Secretary shall conduct the evaluation 
        under subsection (a) to assess the status and effects of State 
        efforts to develop and implement, or expand and enhance, 
        statewide systems of family support services for families of 
        children with disabilities in a manner consistent with the 
        provisions of this title. In particular, the Secretary shall 
        assess the impact of such efforts on families of children with 
        disabilities, and recommend amendments to this title that are 
        necessary to assist States to accomplish fully the purposes of 
        this title.
            (2) Information systems.--The Secretary shall work with the 
        States to develop an information system designed to compile and 
        report, from information provided by the States, qualitative 
        and quantitative descriptions of the impact of the program of 
        grants to States authorized by this title on--
                    (A) families of children with disabilities, 
                including families from unserved and underserved 
                populations;
                    (B) access to and funding for family support 
                services for families of children with disabilities;
                    (C) interagency coordination and collaboration 
                between agencies responsible for providing the 
                services; and
                    (D) the involvement of families of children with 
                disabilities at all levels of the statewide systems.
    (c) Report to Congress.--Not later than 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. 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.

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title such sums as may be necessary for each of fiscal years 
2000 through 2006.
    (b) Reservation.--
            (1) In general.--The Secretary shall reserve for each 
        fiscal year 10 percent, or $400,000 (whichever is greater), of 
        the amount appropriated pursuant to subsection (a) to carry 
        out--
                    (A) section 209 (relating to the provision of 
                technical assistance and information to States); and
                    (B) section 210 (relating to the conduct of 
                evaluations).
            (2) Special rule.--For each year that the amount 
        appropriated pursuant to subsection (a) is $10,000,000 or 
        greater, the Secretary may reserve 5 percent of such amount to 
        carry out section 211.

 TITLE III--PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST INDIVIDUALS 
                    WITH DEVELOPMENTAL DISABILITIES

SEC. 301. FINDINGS.

    Congress finds that--
            (1) direct support workers, especially young adults, have 
        played essential roles in providing the support needed by 
        individuals with developmental disabilities and expanding 
        community options for those individuals;
            (2) 4 factors have contributed to a decrease in the 
        available pool of direct support workers, specifically--
                    (A) the small population of individuals who are age 
                18 through 25, an age group that has been attracted to 
                direct support work in the past;
                    (B) the rapid expansion of the service sector, 
                which attracts individuals who previously would have 
                elected to pursue employment as direct support workers;
                    (C) the failure of wages in the human services 
                sector to keep pace with wages in other service 
                sectors; and
                    (D) the lack of quality training and career 
                advancement opportunities available to direct support 
                workers; and
            (3) individuals with developmental disabilities benefit 
        from assistance from direct support workers who are well 
        trained, and benefit from receiving services from professionals 
        who have spent time as direct support workers.

SEC. 302. DEFINITIONS.

    In this title:
            (1) Developmental disability.--The term ``developmental 
        disability'' has the meaning given the term in section 102.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 1201 of the Higher Education Act of 1965 (20 
        U.S.C. 1141).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 303. REACHING UP SCHOLARSHIP PROGRAM.

    (a) Program Authorization.--The Secretary may award grants to 
eligible entities, on a competitive basis, to enable the entities to 
carry out scholarship programs by providing vouchers for postsecondary 
education to direct support workers who assist individuals with 
developmental disabilities residing in diverse settings. The Secretary 
shall award the grants to pay for the Federal share of the cost of 
providing the vouchers.
    (b) Eligible Entity.--To be eligible to receive a grant under this 
section, an entity shall be--
            (1) an institution of higher education;
            (2) a State agency; or
            (3) a consortium of such institutions or agencies.
    (c) Application Requirements.--To be eligible to receive a grant 
under this section, an eligible entity shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including a description of--
            (1) the basis for awarding the vouchers;
            (2) the number of individuals to receive the vouchers; and
            (3) the amount of funds that will be made available by the 
        eligible entity to pay for the non-Federal share of the cost of 
        providing the vouchers.
    (d) Selection Criteria.--In awarding a grant under this section for 
a scholarship program, the Secretary shall give priority to an entity 
submitting an application that--
            (1) specifies that individuals who receive vouchers through 
        the program will be individuals--
                    (A) who are direct support workers who assist 
                individuals with developmental disabilities residing in 
                diverse settings, while pursuing postsecondary 
                education; and
                    (B) each of whom verifies, prior to receiving the 
                voucher, that the worker has completed 250 hours as a 
                direct support worker in the past 90 days;
            (2) states that the vouchers that will be provided through 
        the program will be in amounts of not more than $2,000 per 
        year;
            (3) provides an assurance that the eligible entity (or 
        another specified entity that is not a voucher recipient) will 
        contribute the non-Federal share of the cost of providing the 
        vouchers; and
            (4) meets such other conditions as the Secretary may 
        specify.
    (e) Federal Share.--The Federal share of the cost of providing the 
vouchers shall be not more than 80 percent.

SEC. 304. STAFF DEVELOPMENT CURRICULUM AUTHORIZATION.

    (a) Funding.--
            (1) In general.--The Secretary shall award funding, on a 
        competitive basis, through a grant, cooperative agreement, or 
        contract, to a public or private entity or a combination of 
        such entities, for the development, evaluation, and 
        dissemination of a staff development curriculum, and related 
        guidelines, for computer-assisted, competency-based, 
        multimedia, interactive instruction, relating to service as a 
        direct support worker.
            (2) Participants.--The curriculum shall be developed for 
        individuals who--
                    (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--
                            (i) parent training and information centers 
                        funded under part D of the Individuals with 
                        Disabilities Education Act (20 U.S.C. 1451 et 
                        seq.);
                            (ii) community-based organizations of and 
                        for individuals with developmental disabilities 
                        and their families;
                            (iii) entities funded under title I;
                            (iv) centers for independent living;
                            (v) State educational agencies and local 
                        educational agencies;
                            (vi) entities operating appropriate medical 
                        facilities;
                            (vii) postsecondary education entities; and
                            (viii) other appropriate entities; and
            (4) such other information as the Secretary may require.

SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

    (a) Scholarships.--There are authorized to be appropriated to carry 
out section 303 $800,000 for fiscal year 2000 and such sums as may be 
necessary for each of fiscal years 2001 through 2006.
    (b) Staff Development Curriculum.--There are authorized to be 
appropriated to carry out section 304 $800,000 for fiscal year 2000 and 
such sums as may be necessary for each of fiscal years 2001 and 2002.

                            TITLE IV--REPEAL

SEC. 401. REPEAL.

    (a) In General.--The Developmental Disabilities Assistance and Bill 
of Rights Act (42 U.S.C. 6000 et seq.) is repealed.
    (b) Conforming Amendments.--
            (1) Individuals with disabilities education act.--Sections 
        644(b)(4) and 685(b)(4) of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1444(b)(4), 1484a(b)(4)) are amended 
        by striking ``the Developmental Disabilities Assistance and 
        Bill of Rights Act'' and inserting ``the Developmental 
        Disabilities Assistance and Bill of Rights Act of 1999''.
            (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 1999.''.
            (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 1999''.
                    (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), 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 1999''.
                    (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 1999''.
                    (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 1999''.
            (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 
                1999''.
                    (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 1999''.
            (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 1999 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 
                1999''.
                    (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 1999 
                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 
        1999.''.
            (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 
        section 102 of the Developmental Disabilities Assistance and 
        Bill of Rights Act of 1999.''.
            (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 1999''.
                    (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 1999''.
                    (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 
                1999''.
                    (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 
                1999''.
            (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 1999.''.
            (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 1999.''.
            (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 1999''.
            (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 1999''.
                    (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 1999''.
            (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 1999, 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 1999''.
                    (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 1999.--Subtitle C of the Developmental 
                Disabilities Assistance and Bill of Rights Act of 
                1999.''.
```