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
II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Developmental Disabilities Assistance and Bill of Rights

6 Act of 1999’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 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.
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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.

1 TITLE I—PROGRAMS FOR INDI2 VIDUALS WITH DEVELOP3 MENTAL DISABILITIES

4 Subtitle A—General Provisions

5 SEC. 101. FINDINGS, PURPOSES, AND POLICY.

6 (a) FINDINGS.—Congress finds that—

7 (1) disability is a natural part of the human ex8 perience that does not diminish the right of individ9 uals with developmental disabilities to live independ10 ently, to exert control and choice over their own

11 lives, and to fully participate in and contribute to

12 their communities through full integration and inclu-
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1 sion in the economic, political, social, cultural, and

2 educational mainstream of United States society;

3 (2) in 1999, there are between 3,200,000 and

4 4,500,000 individuals with developmental disabilities

5 in the United States, and recent studies indicate

6 that individuals with developmental disabilities com7 prise between 1.2 and 1.65 percent of the United

8 States population;

9 (3) individuals whose disabilities occur during

10 their developmental period frequently have severe

11 disabilities that are likely to continue indefinitely;

12 (4) individuals with developmental disabilities

13 often encounter discrimination in the provision of

14 critical services, such as services in the areas of em15 phasis (as defined in section 102);

16 (5) individuals with developmental disabilities

17 are at greater risk than the general population of

18 abuse, neglect, financial and sexual exploitation, and

19 the violation of their legal and human rights;

20 (6) a substantial portion of individuals with de21 velopmental disabilities and their families do not

22 have access to appropriate support and services, in23 cluding access to assistive technology, from generic

24 and specialized service systems, and remain unserved

25 or underserved;
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1 (7) individuals with developmental disabilities

2 often require lifelong community services, individual3 ized supports, and other forms of assistance, that

4 are most effective when provided in a coordinated

5 manner;

6 (8) there is a need to ensure that services, sup7 ports, and other assistance are provided in a cul8 turally competent manner, that ensures that individ9 uals from racial and ethnic minority backgrounds

10 are fully included in all activities provided under this

11 title;

12 (9) family members, friends, and members of

13 the community can play an important role in en14 hancing the lives of individuals with developmental

15 disabilities, especially when the family members,

16 friends, and community members are provided with

17 the necessary community services, individualized

18 supports, and other forms of assistance;

19 (10) current research indicates that 88 percent

20 of individuals with developmental disabilities live

21 with their families or in their own households;

22 (11) many service delivery systems and commu23 nities are not prepared to meet the impending needs

24 of the 479,862 adults with developmental disabilities

25 who are living at home with parents who are 60
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1 years old or older and who serve as the primary

2 caregivers of the adults;

3 (12) in almost every State, individuals with de4 velopmental disabilities are waiting for appropriate

5 services in their communities, in the areas of empha6 sis;

7 (13) the public needs to be made more aware

8 of the capabilities and competencies of individuals

9 with developmental disabilities, particularly in cases

10 in which the individuals are provided with necessary

11 services, supports, and other assistance;

12 (14) as increasing numbers of individuals with

13 developmental disabilities are living, learning, work14 ing, and participating in all aspects of community

15 life, there is an increasing need for a well trained

16 workforce that is able to provide the services, sup17 ports, and other forms of direct assistance required

18 to enable the individuals to carry out those activities;

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

20 individuals from minority backgrounds into profes21 sions serving individuals with developmental disabil22 ities and their families;

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

24 goal of providing individuals with developmental dis-
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1 abilities with the information, skills, opportunities,

2 and support to—

3 (A) make informed choices and decisions

4 about their lives;

5 (B) live in homes and communities in

6 which such individuals can exercise their full

7 rights and responsibilities as citizens;

8 (C) pursue meaningful and productive

9 lives;

10 (D) contribute to their families, commu11 nities, and States, and the Nation;

12 (E) have interdependent friendships and

13 relationships with other persons;

14 (F) live free of abuse, neglect, financial

15 and sexual exploitation, and violations of their

16 legal and human rights; and

17 (G) achieve full integration and inclusion

18 in society, in an individualized manner, con19 sistent with the unique strengths, resources,

20 priorities, concerns, abilities, and capabilities of

21 each individual; and

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

23 maintain and expand community living options for

24 individuals with developmental disabilities, there is a

25 need to evaluate the access to those options by indi-
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1 viduals with developmental disabilities and the ef2 fects of those options on individuals with develop3 mental disabilities.

4 (b) PURPOSE.—The purpose of this title is to assure

5 that individuals with developmental disabilities and their

6 families participate in the design of and have access to

7 needed community services, individualized supports, and

8 other forms of assistance that promote self-determination,

9 independence, productivity, and integration and inclusion

10 in all facets of community life, through culturally com11 petent programs authorized under this title, including

12 specifically—

13 (1) State Councils on Developmental Disabil14 ities in each State to engage in advocacy, capacity

15 building, and systemic change activities that—

16 (A) are consistent with the purpose de17 scribed in this subsection and the policy de18 scribed in subsection (c); and

19 (B) contribute to a coordinated, consumer20 and family-centered, consumer- and family-di21 rected, comprehensive system that includes

22 needed community services, individualized sup23 ports, and other forms of assistance that pro24 mote self-determination for individuals with de25 velopmental disabilities and their families;
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1 (2) protection and advocacy systems in each

2 State to protect the legal and human rights of indi3 viduals with developmental disabilities;

4 (3) University Centers for Excellence in Devel5 opmental Disabilities Education, Research, and

6 Service—

7 (A) to provide interdisciplinary pre-service

8 preparation and continuing education of stu9 dents and fellows, which may include the prepa10 ration and continuing education of leadership,

11 direct service, clinical, or other personnel to

12 strengthen and increase the capacity of States

13 and communities to achieve the purpose of this

14 title;

15 (B) to provide community services—

16 (i) that provide training and technical

17 assistance for individuals with develop18 mental disabilities, their families, profes19 sionals, paraprofessionals, policymakers,

20 students, and other members of the com21 munity; and

22 (ii) that may provide services, sup23 ports, and assistance for the persons de24 scribed in clause (i) through demonstration

25 and model activities;
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1 (C) to conduct research, which may include

2 basic or applied research, evaluation, and the

3 analysis of public policy in areas that affect or

4 could affect, either positively or negatively, indi5 viduals with developmental disabilities and their

6 families; and

7 (D) to disseminate information related to

8 activities undertaken to address the purpose of

9 this title, especially dissemination of informa10 tion that demonstrates that the network author11 ized under this subtitle is a national and inter12 national resource that includes specific sub13 stantive areas of expertise that may be accessed

14 and applied in diverse settings and cir15 cumstances; and

16 (4) funding for—

17 (A) national initiatives to collect necessary

18 data on issues that are directly or indirectly rel19 evant to the lives of individuals with develop20 mental disabilities;

21 (B) technical assistance to entities who en22 gage in or intend to engage in activities con23 sistent with the purpose described in this sub24 section or the policy described in subsection (c);

25 and
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1 (C) other nationally significant activities.

2 (c) POLICY.—It is the policy of the United States

3 that all programs, projects, and activities receiving assist4 ance under this title shall be carried out in a manner con5 sistent with the principles that—

6 (1) individuals with developmental disabilities,

7 including those with the most severe developmental

8 disabilities, are capable of self-determination, inde9 pendence, productivity, and integration and inclusion

10 in all facets of community life, but often require the

11 provision of community services, individualized sup12 ports, and other forms of assistance;

13 (2) individuals with developmental disabilities

14 and their families have competencies, capabilities,

15 and personal goals that should be recognized, sup16 ported, and encouraged, and any assistance to such

17 individuals should be provided in an individualized

18 manner, consistent with the unique strengths, re19 sources, priorities, concerns, abilities, and capabili20 ties of such individuals;

21 (3) individuals with developmental disabilities

22 and their families are the primary decisionmakers

23 regarding the services and supports such individuals

24 and their families receive, including regarding choos25 ing where the individuals live from available options,
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1 and play decisionmaking roles in policies and pro2 grams that affect the lives of such individuals and

3 their families;

4 (4) services, supports, and other assistance

5 should be provided in a manner that demonstrates

6 respect for individual dignity, personal preferences,

7 and cultural differences;

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

9 individuals from racial and ethnic minority back10 grounds and their families enjoy increased and

11 meaningful opportunities to access and use commu12 nity services, individualized supports, and other

13 forms of assistance available to other individuals

14 with developmental disabilities and their families;

15 (6) recruitment efforts in disciplines related to

16 developmental disabilities relating to pre-service

17 training, community training, practice, administra18 tion, and policymaking must focus on bringing larg19 er numbers of racial and ethnic minorities into the

20 disciplines in order to provide appropriate skills,

21 knowledge, role models, and sufficient personnel to

22 address the growing needs of an increasingly diverse

23 population;

24 (7) with education and support, communities

25 can be accessible to and responsive to the needs of
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1 individuals with developmental disabilities and their

2 families and are enriched by full and active partici3 pation in community activities, and contributions, by

4 individuals with developmental disabilities and their

5 families;

6 (8) individuals with developmental disabilities

7 have access to opportunities and the necessary sup8 port to be included in community life, have inter9 dependent relationships, live in homes and commu10 nities, and make contributions to their families, com11 munities, and States, and the Nation;

12 (9) efforts undertaken to maintain or expand

13 community-based living options for individuals with

14 disabilities should be monitored in order to deter15 mine and report to appropriate individuals and enti16 ties the extent of access by individuals with develop17 mental disabilities to those options and the extent of

18 compliance by entities providing those options with

19 quality assurance standards;

20 (10) families of children with developmental dis21 abilities need to have access to and use of safe and

22 appropriate child care and before-school and after23 school programs, in the most integrated settings, in

24 order to enrich the participation of the children in

25 community life;
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1 (11) individuals with developmental disabilities

2 need to have access to and use of public transpor3 tation, in order to be independent and directly con4 tribute to and participate in all facets of community

5 life; and

6 (12) individuals with developmental disabilities

7 need to have access to and use of recreational, lei8 sure, and social opportunities in the most integrated

9 settings, in order to enrich their participation in

10 community life.

11 SEC. 102. DEFINITIONS.

12 In this title:

13 (1) AMERICAN INDIAN CONSORTIUM.—The term

14 ‘‘American Indian Consortium’’ means any confed15 eration of 2 or more recognized American Indian

16 tribes, created through the official action of each

17 participating tribe, that has a combined total resi18 dent population of 150,000 enrolled tribal members

19 and a contiguous territory of Indian lands in 2 or

20 more States.

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

22 emphasis’’ means the areas related to quality assur23 ance activities, education activities and early inter24 vention activities, child care-related activities, health25 related activities, employment-related activities,
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1 housing-related activities, transportation-related ac2 tivities, recreation-related activities, and other serv3 ices available or offered to individuals in a commu4 nity, including formal and informal community sup5 ports, that affect their quality of life.

6 (3) ASSISTIVE TECHNOLOGY DEVICE.—The

7 term ‘‘assistive technology device’’ means any item,

8 piece of equipment, or product system, whether ac9 quired commercially, modified or customized, that is

10 used to increase, maintain, or improve functional ca11 pabilities of individuals with developmental disabil12 ities.

13 (4) ASSISTIVE TECHNOLOGY SERVICE.—The

14 term ‘‘assistive technology service’’ means any serv15 ice that directly assists an individual with a develop16 mental disability in the selection, acquisition, or use

17 of an assistive technology device. Such term

18 includes—

19 (A) conducting an evaluation of the needs

20 of an individual with a developmental disability,

21 including a functional evaluation of the indi22 vidual in the individual’s customary environ23 ment;

24 (B) purchasing, leasing, or otherwise pro25 viding for the acquisition of an assistive tech-
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1 nology device by an individual with a develop2 mental disability;

3 (C) selecting, designing, fitting, custom4 izing, adapting, applying, maintaining, repair5 ing or replacing an assistive technology device;

6 (D) coordinating and using another ther7 apy, intervention, or service with an assistive

8 technology device, such as a therapy, interven9 tion, or service associated with an education or

10 rehabilitation plan or program;

11 (E) providing training or technical assist12 ance for an individual with a developmental dis13 ability, or, where appropriate, a family member,

14 guardian, advocate, or authorized representative

15 of an individual with a developmental disability;

16 and

17 (F) providing training or technical assist18 ance for professionals (including individuals

19 providing education and rehabilitation services),

20 employers, or other individuals who provide

21 services to, employ, or are otherwise substan22 tially involved in the major life functions of, an

23 individual with developmental disabilities.

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

25 University Center for Excellence in Developmental
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1 Disabilities Education, Research, and Service estab2 lished under subtitle D.

3 (6) CHILD CARE-RELATED ACTIVITIES.—The

4 term ‘‘child care-related activities’’ means advocacy,

5 capacity building, and systemic change activities

6 that result in families of children with developmental

7 disabilities having access to and use of child care

8 services, including before-school, after-school, and

9 out-of-school services, in their communities.

10 (7) CULTURALLY COMPETENT.—The term ‘‘cul11 turally competent’’, used with respect to services,

12 supports, or other assistance, means services, sup13 ports, or other assistance that is conducted or pro14 vided in a manner that is responsive to the beliefs,

15 interpersonal styles, attitudes, language, and behav16 iors of individuals who are receiving the services,

17 supports, or other assistance, and in a manner that

18 has the greatest likelihood of ensuring their max19 imum participation in the program involved.

20 (8) DEVELOPMENTAL DISABILITY.—

21 (A) IN GENERAL.—The term ‘‘develop22 mental disability’’ means a severe, chronic dis23 ability of an individual that—
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1 (i) is attributable to a mental or phys2 ical impairment or combination of mental

3 and physical impairments;

4 (ii) is manifested before the individual

5 attains age 22;

6 (iii) is likely to continue indefinitely;

7 (iv) results in substantial functional

8 limitations in 3 or more of the following

9 areas of major life activity:

10 (I) Self-care.

11 (II) Receptive and expressive lan12 guage.

13 (III) Learning.

14 (IV) Mobility.

15 (V) Self-direction.

16 (VI) Capacity for independent

17 living.

18 (VII) Economic self-sufficiency;

19 and

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

21 combination and sequence of special, inter22 disciplinary, or generic services, individual23 ized supports, or other forms of assistance

24 that are of lifelong or extended duration
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1 and are individually planned and coordi2 nated.

3 (B) INFANTS AND YOUNG CHILDREN.—An

4 individual from birth to age 9, inclusive, who

5 has a substantial developmental delay or spe6 cific congenital or acquired condition, may be

7 considered to have a developmental disability

8 without meeting 3 or more of the criteria de9 scribed in clauses (i) through (v) of subpara10 graph (A) if the individual, without services and

11 supports, has a high probability of meeting

12 those criteria later in life.

13 (9) EARLY INTERVENTION ACTIVITIES.—The

14 term ‘‘early intervention activities’’ means advocacy,

15 capacity building, and systemic change activities pro16 vided to individuals described in paragraph (8)(B)

17 and their families to enhance—

18 (A) the development of the individuals to

19 maximize their potential; and

20 (B) the capacity of families to meet the

21 special needs of the individuals.

22 (10) EDUCATION ACTIVITIES.—The term ‘‘edu23 cation activities’’ means advocacy, capacity building,

24 and systemic change activities that result in individ25 uals with developmental disabilities being able to ac-
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1 cess appropriate supports and modifications when

2 necessary, to maximize their educational potential,

3 to benefit from lifelong educational activities, and to

4 be integrated and included in all facets of student

5 life.

6 (11) EMPLOYMENT-RELATED ACTIVITIES.—The

7 term ‘‘employment-related activities’’ means advo8 cacy, capacity building, and systemic change activi9 ties that result in individuals with developmental dis10 abilities acquiring, retaining, or advancing in paid

11 employment, including supported employment or

12 self-employment, in integrated settings in a commu13 nity.

14 (12) FAMILY SUPPORT SERVICES.—

15 (A) IN GENERAL.—The term ‘‘family sup16 port services’’ means services, supports, and

17 other assistance, provided to families with mem18 bers who have developmental disabilities, that

19 are designed to—

20 (i) strengthen the family’s role as pri21 mary caregiver;

22 (ii) prevent inappropriate out-of-the23 home placement of the members and main24 tain family unity; and
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1 (iii) reunite families with members

2 who have been placed out of the home

3 whenever possible.

4 (B) SPECIFIC SERVICES.—Such term in5 cludes respite care, provision of rehabilitation

6 technology and assistive technology, personal

7 assistance services, parent training and coun8 seling, support for families headed by aging

9 caregivers, vehicular and home modifications,

10 and assistance with extraordinary expenses, as11 sociated with the needs of individuals with de12 velopmental disabilities.

13 (13) HEALTH-RELATED ACTIVITIES.—The term

14 ‘‘health-related activities’’ means advocacy, capacity

15 building, and systemic change activities that result

16 in individuals with developmental disabilities having

17 access to and use of coordinated health, dental, men18 tal health, and other human and social services, in19 cluding prevention activities, in their communities.

20 (14) HOUSING-RELATED ACTIVITIES.—The

21 term ‘‘housing-related activities’’ means advocacy,

22 capacity building, and systemic change activities

23 that result in individuals with developmental disabil24 ities having access to and use of housing and hous25 ing supports and services in their communities, in-
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1 cluding assistance related to renting, owning, or

2 modifying an apartment or home.

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

4 with respect to individuals with developmental dis5 abilities, means the acceptance and encouragement

6 of the presence and participation of individuals with

7 developmental disabilities, by individuals without dis8 abilities, in social, educational, work, and community

9 activities, that enables individuals with develop10 mental disabilities to—

11 (A) have friendships and relationships with

12 individuals and families of their own choice;

13 (B) live in homes close to community re14 sources, with regular contact with individuals

15 without disabilities in their communities;

16 (C) enjoy full access to and active partici17 pation in the same community activities and

18 types of employment as individuals without dis19 abilities; and

20 (D) take full advantage of their integration

21 into the same community resources as individ22 uals without disabilities, living, learning, work23 ing, and enjoying life in regular contact with in24 dividuals without disabilities.
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1 (16) INDIVIDUALIZED SUPPORTS.—The term

2 ‘‘individualized supports’’ means supports that—

3 (A) enable an individual with a develop4 mental disability to exercise self-determination,

5 be independent, be productive, and be inte6 grated and included in all facets of community

7 life;

8 (B) are designed to—

9 (i) enable such individual to control

10 such individual’s environment, permitting

11 the most independent life possible;

12 (ii) prevent placement into a more re13 strictive living arrangement than is nec14 essary; and

15 (iii) enable such individual to live,

16 learn, work, and enjoy life in the commu17 nity; and

18 (C) include—

19 (i) early intervention services;

20 (ii) respite care;

21 (iii) personal assistance services;

22 (iv) family support services;

23 (v) supported employment services;
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1 (vi) support services for families head2 ed by aging caregivers of individuals with

3 developmental disabilities; and

4 (vii) provision of rehabilitation tech5 nology and assistive technology, and assist6 ive technology services.

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

8 used with respect to individuals with developmental

9 disabilities, means exercising the equal right of indi10 viduals with developmental disabilities to access and

11 use the same community resources as are used by

12 and available to other citizens.

13 (18) NOT-FOR-PROFIT.—The term ‘‘not-for14 profit’’, used with respect to an agency, institution,

15 or organization, means an agency, institution, or or16 ganization that is owned or operated by 1 or more

17 corporations or associations, no part of the net earn18 ings of which inures, or may lawfully inure, to the

19 benefit of any private shareholder or individual.

20 (19) PERSONAL ASSISTANCE SERVICES.—The

21 term ‘‘personal assistance services’’ means a range

22 of services, provided by 1 or more individuals, de23 signed to assist an individual with a disability to

24 perform daily activities, including activities on or off

25 a job that such individual would typically perform if
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1 such individual did not have a disability. Such serv2 ices shall be designed to increase such individual’s

3 control in life and ability to perform everyday activi4 ties, including activities on or off a job.

5 (20) PREVENTION ACTIVITIES.—The term ‘‘pre6 vention activities’’ means activities that address the

7 causes of developmental disabilities and the exacer8 bation of functional limitation, such as activities

9 that—

10 (A) eliminate or reduce the factors that

11 cause or predispose individuals to developmental

12 disabilities or that increase the prevalence of

13 developmental disabilities;

14 (B) increase the early identification of

15 problems to eliminate circumstances that create

16 or increase functional limitations; and

17 (C) mitigate against the effects of develop18 mental disabilities throughout the lifespan of an

19 individual.

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

21 means—

22 (A) engagement in income-producing work

23 that is measured by increased income, improved

24 employment status, or job advancement; or
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1 (B) engagement in work that contributes

2 to a household or community.

3 (22) PROTECTION AND ADVOCACY SYSTEM.—

4 The term ‘‘protection and advocacy system’’ means

5 a protection and advocacy system established in ac6 cordance with section 143.

7 (23) QUALITY ASSURANCE ACTIVITIES.—The

8 term ‘‘quality assurance activities’’ means advocacy,

9 capacity building, and systemic change activities

10 that result in improved consumer- and family-cen11 tered quality assurance and that result in systems of

12 quality assurance and consumer protection that—

13 (A) include monitoring of services, sup14 ports, and assistance provided to an individual

15 with developmental disabilities that ensures that

16 the individual—

17 (i) will not experience abuse, neglect,

18 sexual or financial exploitation, or violation

19 of legal or human rights; and

20 (ii) will not be subject to the inappro21 priate use of restraints or seclusion;

22 (B) include training in leadership, self-ad23 vocacy, and self-determination for individuals

24 with developmental disabilities, their families,
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1 and their guardians to ensure that those

2 individuals—

3 (i) will not experience abuse, neglect,

4 sexual or financial exploitation, or violation

5 of legal or human rights; and

6 (ii) will not be subject to the inappro7 priate use of restraints or seclusion; or

8 (C) includes activities related to inter9 agency coordination and systems integration

10 that result in improved and enhanced services,

11 supports, and other assistance that contribute

12 to and protect the self-determination, independ13 ence, productivity, and integration and inclusion

14 in all facets of community life, of individuals

15 with developmental disabilities.

16 (24) RECREATION-RELATED ACTIVITIES.—The

17 term ‘‘recreation-related activities’’ means advocacy,

18 capacity building, and systemic change activities

19 that result in individuals with developmental disabil20 ities having access to and use of recreational, leisure,

21 and social activities, in their communities.

22 (25) REHABILITATION TECHNOLOGY.—The

23 term ‘‘rehabilitation technology’’ means the system24 atic application of technologies, engineering meth25 odologies, or scientific principles to meet the needs
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1 of, and address the barriers confronted by, individ2 uals with developmental disabilities in areas that in3 clude education, rehabilitation, employment, trans4 portation, independent living, and recreation. Such

5 term includes rehabilitation engineering, and the

6 provision of assistive technology devices and assistive

7 technology services.

8 (26) SECRETARY.—The term ‘‘Secretary’’

9 means the Secretary of Health and Human Services.

10 (27) SELF-DETERMINATION ACTIVITIES.—The

11 term ‘‘self-determination activities’’ means activities

12 that result in individuals with developmental disabil13 ities, with appropriate assistance, having—

14 (A) the ability and opportunity to commu15 nicate and make personal decisions;

16 (B) the ability and opportunity to commu17 nicate choices and exercise control over the type

18 and intensity of services, supports, and other

19 assistance the individuals receive;

20 (C) the authority to control resources to

21 obtain needed services, supports, and other as22 sistance;

23 (D) opportunities to participate in, and

24 contribute to, their communities; and
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1 (E) support, including financial support, to

2 advocate for themselves and others, to develop

3 leadership skills, through training in self-advo4 cacy, to participate in coalitions, to educate pol5 icymakers, and to play a role in the develop6 ment of public policies that affect individuals

7 with developmental disabilities.

8 (28) STATE.—The term ‘‘State’’, except as oth9 erwise provided, includes, in addition to each of the

10 several States of the United States, the District of

11 Columbia, the Commonwealth of Puerto Rico, the

12 United States Virgin Islands, Guam, American

13 Samoa, and the Commonwealth of the Northern

14 Mariana Islands.

15 (29) STATE COUNCIL ON DEVELOPMENTAL DIS16 ABILITIES.—The term ‘‘State Council on Develop17 mental Disabilities’’ means a Council established

18 under section 125.

19 (30) SUPPORTED EMPLOYMENT SERVICES.—

20 The term ‘‘supported employment services’’ means

21 services that enable individuals with developmental

22 disabilities to perform competitive work in integrated

23 work settings, in the case of individuals with devel24 opmental disabilities—
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1 (A)(i) for whom competitive employment

2 has not traditionally occurred; or

3 (ii) for whom competitive employment has

4 been interrupted or intermittent as a result of

5 significant disabilities; and

6 (B) who, because of the nature and sever7 ity of their disabilities, need intensive supported

8 employment services or extended services in

9 order to perform such work.

10 (31) TRANSPORTATION-RELATED ACTIVITIES.—

11 The term ‘‘transportation-related activities’’ means

12 advocacy, capacity building, and systemic change ac13 tivities that result in individuals with developmental

14 disabilities having access to and use of transpor15 tation.

16 (32) UNSERVED AND UNDERSERVED.—The

17 term ‘‘unserved and underserved’’ includes popu18 lations such as individuals from racial and ethnic

19 minority backgrounds, disadvantaged individuals, in20 dividuals with limited-English proficiency, individ21 uals from underserved geographic areas (rural or

22 urban), and specific groups of individuals within the

23 population of individuals with developmental disabil24 ities, including individuals who require assistive tech-
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1 nology in order to participate in and contribute to

2 community life.

3 SEC. 103. RECORDS AND AUDITS.

4 (a) RECORDS.—Each recipient of assistance under

5 this title shall keep such records as the Secretary shall

6 prescribe, including—

7 (1) records that fully disclose—

8 (A) the amount and disposition by such re9 cipient of the assistance;

10 (B) the total cost of the project or under11 taking in connection with which such assistance

12 is given or used; and

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

14 of the project or undertaking that is supplied

15 by other sources; and

16 (2) such other records as will facilitate an effec17 tive audit.

18 (b) ACCESS.—The Secretary and the Comptroller

19 General of the United States, or any of their duly author20 ized representatives, shall have access for the purpose of

21 audit and examination to any books, documents, papers,

22 and records of the recipients of assistance under this title

23 that are pertinent to such assistance.

24 SEC. 104. RESPONSIBILITIES OF THE SECRETARY.

25 (a) PROGRAM ACCOUNTABILITY.—
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1 (1) IN GENERAL.—In order to monitor entities

2 that received funds under this Act to carry out ac3 tivities under subtitles B, C, and D and determine

4 the extent to which the entities have been responsive

5 to the purpose of this title and have taken actions

6 consistent with the policy described in section

7 101(c), the Secretary shall develop and implement

8 an accountability process as described in this sub9 section, with respect to activities conducted after Oc10 tober 1, 2000.

11 (2) AREAS OF EMPHASIS.—The Secretary shall

12 develop a process for identifying and reporting (pur13 suant to section 105) on progress achieved through

14 advocacy, capacity building, and systemic change ac15 tivities, undertaken by the entities described in para16 graph (1), that resulted in individuals with develop17 mental disabilities and their families participating in

18 the design of and having access to needed commu19 nity services, individualized supports, and other

20 forms of assistance that promote self-determination,

21 independence, productivity, and integration and in22 clusion in all facets of community life. Specifically,

23 the Secretary shall develop a process for identifying

24 and reporting on progress achieved, through advo-
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1 cacy, capacity building, and systemic change activi2 ties, by the entities in the areas of emphasis.

3 (3) INDICATORS OF PROGRESS.—

4 (A) IN GENERAL.—In identifying progress

5 made by the entities described in paragraph (1)

6 in the areas of emphasis, the Secretary, in con7 sultation with the Commissioner of the Admin8 istration on Developmental Disabilities and the

9 entities, shall develop indicators for each area

10 of emphasis.

11 (B) PROPOSED INDICATORS.—Not later

12 than 180 days after the date of enactment of

13 this Act, the Secretary shall develop and pub14 lish in the Federal Register for public comment

15 proposed indicators of progress for monitoring

16 how entities described in paragraph (1) have

17 addressed the areas of emphasis described in

18 paragraph (2) in a manner that is responsive to

19 the purpose of this title and consistent with the

20 policy described in section 101(c).

21 (C) FINAL INDICATORS.—Not later than

22 October 1, 2000, the Secretary shall revise the

23 proposed indicators of progress, to the extent

24 necessary based on public comment, and pub-
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1 lish final indicators of progress in the Federal

2 Register.

3 (D) SPECIFIC MEASURES.—At a minimum,

4 the indicators of progress shall be used to de5 scribe and measure—

6 (i) the satisfaction of individuals with

7 developmental disabilities with the advo8 cacy, capacity building, and systemic

9 change activities provided under subtitles

10 B, C, and D;

11 (ii) the extent to which the advocacy,

12 capacity building, and systemic change ac13 tivities provided through subtitles B, C,

14 and D result in improvements in—

15 (I) the ability of individuals with

16 developmental disabilities to make

17 choices and exert control over the

18 type, intensity, and timing of services,

19 supports, and assistance that the indi20 viduals have used;

21 (II) the ability of individuals with

22 developmental disabilities to partici23 pate in the full range of community

24 life with persons of the individuals’

25 choice; and
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1 (III) the ability of individuals

2 with developmental disabilities to ac3 cess services, supports, and assistance

4 in a manner that ensures that such an

5 individual is free from abuse, neglect,

6 sexual and financial exploitation, vio7 lation of legal and human rights, and

8 the inappropriate use of restraints

9 and seclusion; and

10 (iii) the extent to which the entities

11 described in paragraph (1) collaborate with

12 each other to achieve the purpose of this

13 title and the policy described in section

14 101(c).

15 (4) TIME LINE FOR COMPLIANCE WITH INDICA16 TORS OF PROGRESS.—The Secretary shall require

17 entities described in paragraph (1) to meet the indi18 cators of progress described in paragraph (3). For

19 fiscal year 2001 and each year thereafter, the Sec20 retary shall apply the indicators in monitoring enti21 ties described in paragraph (1), with respect to ac22 tivities conducted after October 1, 2000.

23 (b) TIME LINE FOR REGULATIONS.—Except as oth24 erwise expressly provided in this title, the Secretary, not

25 later than 1 year after the date of enactment of this Act,
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1 shall promulgate such regulations as may be required for

2 the implementation of this title.

3 (c) INTERAGENCY COMMITTEE.—

4 (1) IN GENERAL.—The Secretary shall main5 tain the interagency committee authorized in section

6 108 of the Developmental Disabilities Assistance

7 and Bill of Rights Act (42 U.S.C. 6007) as in effect

8 on the day before the date of enactment of this Act,

9 except as otherwise provided in this subsection.

10 (2) COMPOSITION.—The interagency committee

11 shall be composed of representatives of—

12 (A) the Administration on Developmental

13 Disabilities, the Administration on Children,

14 Youth, and Families, the Administration on

15 Aging, and the Health Resources and Services

16 Administration, of the Department of Health

17 and Human Services; and

18 (B) such other Federal departments and

19 agencies as the Secretary of Health and Human

20 Services considers to be appropriate.

21 (3) DUTIES.—Such interagency committee shall

22 meet regularly to coordinate and plan activities con23 ducted by Federal departments and agencies for per24 sons with developmental disabilities.
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1 (4) MEETINGS.—Each meeting of the inter2 agency committee (except for any meetings of any

3 subcommittees of the committee) shall be open to

4 the public. Notice of each meeting, and a statement

5 of the agenda for the meeting, shall be published in

6 the Federal Register not later than 14 days before

7 the date on which the meeting is to occur.

8 SEC. 105. REPORTS OF THE SECRETARY.

9 At least once every 2 years, the Secretary, using in10 formation submitted in the reports and information re11 quired under subtitles B, C, D, and E, shall prepare and

12 submit to the President, Congress, and the National

13 Council on Disability, a report that describes the goals and

14 outcomes of programs supported under subtitles B, C, D,

15 and E. In preparing the report, the Secretary shall

16 provide—

17 (1) meaningful examples of how the councils,

18 protection and advocacy systems, centers, and enti19 ties funded under subtitles B, C, D, and E,

20 respectively—

21 (A) have undertaken coordinated activities

22 with each other;

23 (B) have enhanced the ability of individ24 uals with developmental disabilities and their

25 families to participate in the design of and have
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1 access to needed community services, individ2 ualized supports, and other forms of assistance

3 that promote self-determination, independence,

4 productivity, and integration and inclusion in

5 all facets of community life;

6 (C) have brought about advocacy, capacity

7 building, and systemic change activities (includ8 ing policy reform), and other actions on behalf

9 of individuals with developmental disabilities

10 and their families, including individuals who are

11 traditionally unserved or underserved, particu12 larly individuals who are members of ethnic and

13 racial minority groups and individuals from un14 derserved geographic areas; and

15 (D) have brought about advocacy, capacity

16 building, and systemic change activities that af17 fect individuals with disabilities other than indi18 viduals with developmental disabilities;

19 (2) information on the extent to which pro20 grams authorized under this title have addressed—

21 (A) protecting individuals with develop22 mental disabilities from abuse, neglect, sexual

23 and financial exploitation, and violations of

24 legal and human rights, so that those individ-
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1 uals are at no greater risk of harm than other

2 persons in the general population; and

3 (B) reports of deaths of and serious inju4 ries to individuals with developmental disabil5 ities; and

6 (3) a summary of any incidents of noncompli7 ance of the programs authorized under this title

8 with the provisions of this title, and corrections

9 made or actions taken to obtain compliance.

10 SEC. 106. STATE CONTROL OF OPERATIONS.

11 Except as otherwise specifically provided, nothing in

12 this title shall be construed as conferring on any Federal

13 officer or employee the right to exercise any supervision

14 or control over the administration, personnel, mainte15 nance, or operation of any programs, services, and sup16 ports for individuals with developmental disabilities with

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

18 under this title.

19 SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH DISABIL20 ITIES.

21 As a condition of providing assistance under this title,

22 the Secretary shall require that each recipient of such as23 sistance take affirmative action to employ and advance in

24 employment qualified individuals with disabilities on the

25 same terms and conditions required with respect to the
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1 employment of such individuals under the provisions of

2 title V of the Rehabilitation Act of 1973 (29 U.S.C. 791

3 et seq.) and the Americans with Disabilities Act of 1990

4 (42 U.S.C. 12101 et seq.), that govern employment.

5 SEC. 108. CONSTRUCTION.

6 Nothing in this title shall be construed to preclude

7 an entity funded under this title from engaging in advo8 cacy, capacity building, and systemic change activities for

9 individuals with developmental disabilities that may also

10 have a positive impact on individuals with other disabil11 ities.

12 SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL

13 DISABILITIES.

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

15 findings respecting the rights of individuals with develop16 mental disabilities:

17 (1) Individuals with developmental disabilities

18 have a right to appropriate treatment, services, and

19 habilitation for such disabilities, consistent with sec20 tion 101(c).

21 (2) The treatment, services, and habitation for

22 an individual with developmental disabilities should

23 be designed to maximize the potential of the indi24 vidual and should be provided in the setting that is

25 least restrictive of the individual’s personal liberty.
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1 (3) The Federal Government and the States

2 both have an obligation to ensure that public funds

3 are provided only to institutional programs, residen4 tial programs, and other community programs, in5 cluding educational programs in which individuals

6 with developmental disabilities participate, that—

7 (A) provide treatment, services, and habili8 tation that are appropriate to the needs of such

9 individuals; and

10 (B) meet minimum standards relating to—

11 (i) provision of care that is free of

12 abuse, neglect, sexual and financial exploi13 tation, and violations of legal and human

14 rights and that subjects individuals with

15 developmental disabilities to no greater

16 risk of harm than others in the general

17 population;

18 (ii) provision to such individuals of

19 appropriate and sufficient medical and

20 dental services;

21 (iii) prohibition of the use of physical

22 restraint and seclusion for such an indi23 vidual unless absolutely necessary to en24 sure the immediate physical safety of the

25 individual or others, and prohibition of the
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1 use of such restraint and seclusion as a

2 punishment or as a substitute for a habili3 tation program;

4 (iv) prohibition of the excessive use of

5 chemical restraints on such individuals and

6 the use of such restraints as punishment

7 or as a substitute for a habilitation pro8 gram or in quantities that interfere with

9 services, treatment, or habilitation for such

10 individuals; and

11 (v) provision for close relatives or

12 guardians of such individuals to visit the

13 individuals without prior notice.

14 (4) All programs for individuals with develop15 mental disabilities should meet standards—

16 (A) that are designed to assure the most

17 favorable possible outcome for those served; and

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

19 serving individuals in need of comprehensive

20 health-related, habilitative, assistive technology

21 or rehabilitative services, that are at least

22 equivalent to those standards applicable to in23 termediate care facilities for the mentally re24 tarded, promulgated in regulations of the Sec25 retary on June 3, 1988, as appropriate, taking
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1 into account the size of the institutions and the

2 service delivery arrangements of the facilities of

3 the programs;

4 (ii) in the case of other residential pro5 grams for individuals with developmental dis6 abilities, that assure that—

7 (I) care is appropriate to the needs of

8 the individuals being served by such pro9 grams;

10 (II) the individuals admitted to facili11 ties of such programs are individuals

12 whose needs can be met through services

13 provided by such facilities; and

14 (III) the facilities of such programs

15 provide for the humane care of the resi16 dents of the facilities, are sanitary, and

17 protect their rights; and

18 (iii) in the case of nonresidential programs,

19 that assure that the care provided by such pro20 grams is appropriate to the individuals served

21 by the programs.

22 (b) CLARIFICATION.—The rights of individuals with

23 developmental disabilities described in findings made in

24 this section shall be considered to be in addition to any
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1 constitutional or other rights otherwise afforded to all in2 dividuals.

3 Subtitle B—Federal Assistance to

4 State Councils on Develop5 mental Disabilities

6 SEC. 121. PURPOSE.

7 The purpose of this subtitle is to provide for allot8 ments to support State Councils on Developmental Dis9 abilities (referred to individually in this subtitle as a

10 ‘‘Council’’) in each State to—

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

12 systemic change activities that are consistent with

13 the purpose described in section 101(b) and the pol14 icy described in section 101(c); and

15 (2) contribute to a coordinated, consumer- and

16 family-centered, consumer- and family-directed, com17 prehensive system of community services, individual18 ized supports, and other forms of assistance that en19 able individuals with developmental disabilities to ex20 ercise self-determination, be independent, be produc21 tive, and be integrated and included in all facets of

22 community life.

23 SEC. 122. STATE ALLOTMENTS.

24 (a) ALLOTMENTS.—

25 (1) IN GENERAL.—
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1 (A) AUTHORITY.—For each fiscal year, the

2 Secretary shall, in accordance with regulations

3 and this paragraph, allot the sums appropriated

4 for such year under section 129 among the

5 States on the basis of—

6 (i) the population;

7 (ii) the extent of need for services for

8 individuals with developmental disabilities;

9 and

10 (iii) the financial need,

11 of the respective States.

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

13 States under this section shall be used to pay

14 for the Federal share of the cost of carrying out

15 projects in accordance with State plans ap16 proved under section 124 for the provision

17 under such plans of services for individuals with

18 developmental disabilities.

19 (2) ADJUSTMENTS.—The Secretary may make

20 adjustments in the amounts of State allotments

21 based on clauses (i), (ii), and (iii) of paragraph

22 (1)(A) not more often than annually. The Secretary

23 shall notify each State of any adjustment made

24 under this paragraph and the percentage of the total

25 sums appropriated under section 129 that the ad-
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1 justed allotment represents not later than 6 months

2 before the beginning of the fiscal year in which such

3 adjustment is to take effect.

4 (3) MINIMUM ALLOTMENT FOR APPROPRIA5 TIONS LESS THAN OR EQUAL TO $70,000,000.—

6 (A) IN GENERAL.—Except as provided in

7 paragraph (4), for any fiscal year the allotment

8 under this section—

9 (i) to each of American Samoa,

10 Guam, the United States Virgin Islands, or

11 the Commonwealth of the Northern Mar12 iana Islands may not be less than

13 $210,000; and

14 (ii) to any State not described in

15 clause (i) may not be less than $400,000.

16 (B) REDUCTION OF ALLOTMENT.—Not17 withstanding subparagraph (A), if the aggre18 gate of the amounts to be allotted to the States

19 pursuant to subparagraph (A) for any fiscal

20 year exceeds the total amount appropriated

21 under section 129 for such fiscal year, the

22 amount to be allotted to each State for such fis23 cal year shall be proportionately reduced.

24 (4) MINIMUM ALLOTMENT FOR APPROPRIA25 TIONS IN EXCESS OF $70,000,000.—
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1 (A) IN GENERAL.—In any case in which

2 the total amount appropriated under section

3 129 for a fiscal year is more than $70,000,000,

4 the allotment under this section for such fiscal

5 year—

6 (i) to each of American Samoa,

7 Guam, the United States Virgin Islands, or

8 the Commonwealth of the Northern Mar9 iana Islands may not be less than

10 $220,000; and

11 (ii) to any State not described in

12 clause (i) may not be less than $450,000.

13 (B) REDUCTION OF ALLOTMENT.—The re14 quirements of paragraph (3)(B) shall apply

15 with respect to amounts to be allotted to States

16 under subparagraph (A), in the same manner

17 and to the same extent as such requirements

18 apply with respect to amounts to be allotted to

19 States under paragraph (3)(A).

20 (5) STATE SUPPORTS, SERVICES, AND OTHER

21 ACTIVITIES.—In determining, for purposes of para22 graph (1)(A)(ii), the extent of need in any State for

23 services for individuals with developmental disabil24 ities, the Secretary shall take into account the scope

25 and extent of the services, supports, and assistance
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1 described, pursuant to section 124(c)(3)(A), in the

2 State plan of the State.

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

4 which the total amount appropriated under section

5 129 for a fiscal year exceeds the total amount appro6 priated under such section (or a corresponding pro7 vision) for the preceding fiscal year by a percentage

8 greater than the most recent percentage change in

9 the Consumer Price Index published by the Sec10 retary of Labor under section 100(c)(1) of the Reha11 bilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the

12 percentage change indicates an increase), the Sec13 retary shall increase each of the minimum allot14 ments described in paragraphs (3) and (4). The Sec15 retary shall increase each minimum allotment by an

16 amount that bears the same ratio to the amount of

17 such minimum allotment (including any increases in

18 such minimum allotment under this paragraph (or a

19 corresponding provision) for prior fiscal years) as

20 the amount that is equal to the difference between—

21 (A) the total amount appropriated under

22 section 129 for the fiscal year for which the in23 crease in the minimum allotment is being made;

24 minus
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1 (B) the total amount appropriated under

2 section 129 (or a corresponding provision) for

3 the immediately preceding fiscal year,

4 bears to the total amount appropriated under section

5 129 (or a corresponding provision) for such pre6 ceding fiscal year.

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

8 State for a fiscal year and remaining unobligated at the

9 end of such year shall remain available to such State for

10 the next fiscal year for the purposes for which such

11 amount was paid.

12 (c) OBLIGATION OF FUNDS.—For the purposes of

13 this subtitle, State Interagency Agreements are considered

14 valid obligations for the purpose of obligating Federal

15 funds allotted to the State under this subtitle.

16 (d) COOPERATIVE EFFORTS BETWEEN STATES.—If

17 a State plan approved in accordance with section 124 pro18 vides for cooperative or joint effort between or among

19 States or agencies, public or private, in more than 1 State,

20 portions of funds allotted to 1 or more States described

21 in this subsection may be combined in accordance with the

22 agreements between the States or agencies involved.

23 (e) REALLOTMENTS.—

24 (1) IN GENERAL.—If the Secretary determines

25 that an amount of an allotment to a State for a pe-
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1 riod (of a fiscal year or longer) will not be required

2 by the State during the period for the purpose for

3 which the allotment was made, the Secretary may

4 reallot the amount.

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

6 reallotment from time to time, on such date as the

7 Secretary may fix, but not earlier than 30 days after

8 the Secretary has published notice of the intention

9 of the Secretary to make the reallotment in the Fed10 eral Register.

11 (3) AMOUNTS.—The Secretary shall reallot the

12 amount to other States with respect to which the

13 Secretary has not made that determination. The

14 Secretary shall reallot the amount in proportion to

15 the original allotments of the other States for such

16 fiscal year, but shall reduce such proportionate

17 amount for any of the other States to the extent the

18 proportionate amount exceeds the sum that the Sec19 retary estimates the State needs and will be able to

20 use during such period.

21 (4) REALLOTMENT OF REDUCTIONS.—The Sec22 retary shall similarly reallot the total of the reduc23 tions among the States whose proportionate

24 amounts were not so reduced.
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1 (5) TREATMENT.—Any amount reallotted to a

2 State under this subsection for a fiscal year shall be

3 deemed to be a part of the allotment of the State

4 under subsection (a) for such fiscal year.

5 SEC. 123. PAYMENTS TO THE STATES FOR PLANNING, AD6 MINISTRATION, AND SERVICES.

7 (a) STATE PLAN EXPENDITURES.—From each

8 State’s allotments for a fiscal year under section 122, the

9 Secretary shall pay to the State the Federal share of the

10 cost, other than the cost for construction, incurred during

11 such year for activities carried out under the State plan

12 approved under section 124. The Secretary shall make

13 such payments from time to time in advance on the basis

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

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

16 shall make such adjustments as may be necessary to the

17 payments on account of previously made underpayments

18 or overpayments under this section.

19 (b) DESIGNATED STATE AGENCY EXPENDITURES.—

20 The Secretary may make payments to a State for the por21 tion described in section 124(c)(5)(B)(vi) in advance or

22 by way of reimbursement, and in such installments as the

23 Secretary may determine.
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1 SEC. 124. STATE PLAN.

2 (a) IN GENERAL.—Any State desiring to receive as3 sistance under this subtitle shall submit to the Secretary,

4 and obtain approval of, a 5-year strategic State plan under

5 this section.

6 (b) PLANNING CYCLE.—The plan described in sub7 section (a) shall be updated as appropriate during the 5-

8 year period.

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

10 approved by the Secretary under this section, a State plan

11 shall meet each of the following requirements:

12 (1) STATE COUNCIL.—The plan shall provide

13 for the establishment and maintenance of a Council

14 in accordance with section 125 and describe the

15 membership of such Council.

16 (2) DESIGNATED STATE AGENCY.—The plan

17 shall identify the agency or office within the State

18 designated to support the Council in accordance with

19 this section and section 125(d) (referred to in this

20 subtitle as a ‘‘designated State agency’’).

21 (3) COMPREHENSIVE REVIEW AND ANALYSIS.—

22 The plan shall describe the results of a comprehen23 sive review and analysis of the extent to which serv24 ices, supports, and other assistance are available to

25 individuals with developmental disabilities and their

26 families, and the extent of unmet needs for services,
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1 supports, and other assistance for those individuals

2 and their families, in the State. The results of the

3 comprehensive review and analysis shall include—

4 (A) a description of the services, supports,

5 and other assistance being provided to individ6 uals with developmental disabilities and their

7 families under other federally assisted State

8 programs, plans, and policies under which the

9 State operates and in which individuals with de10 velopmental disabilities are or may be eligible to

11 participate, including particularly programs re12 lating to the areas of emphasis, including—

13 (i) medical assistance, maternal and

14 child health care, services for children with

15 special health care needs, children’s mental

16 health services, comprehensive health and

17 mental health services, and institutional

18 care options;

19 (ii) job training, job placement, work20 site accommodation, and vocational reha21 bilitation, and other work assistance pro22 grams; and

23 (iii) social, child welfare, aging, inde24 pendent living, and rehabilitation and as-
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1 sistive technology services, and such other

2 services as the Secretary may specify;

3 (B) a description of the extent to which

4 agencies operating such other federally assisted

5 State programs, including activities authorized

6 under section 101 or 102 of the Assistive Tech7 nology Act of 1998 (29 U.S.C. 3011, 3012),

8 pursue interagency initiatives to improve and

9 enhance community services, individualized sup10 ports, and other forms of assistance for individ11 uals with developmental disabilities;

12 (C) an analysis of the extent to which com13 munity services and opportunities related to the

14 areas of emphasis directly benefit individuals

15 with developmental disabilities, especially with

16 regard to their ability to access and use services

17 provided in their communities, to participate in

18 opportunities, activities, and events offered in

19 their communities, and to contribute to commu20 nity life, identifying particularly—

21 (i) the degree of support for individ22 uals with developmental disabilities that

23 are attributable to either physical impair24 ment, mental impairment, or a combina25 tion of physical and mental impairments;
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1 (ii) criteria for eligibility for services,

2 including specialized services and special

3 adaptation of generic services provided by

4 agencies within the State, that may ex5 clude individuals with developmental dis6 abilities from receiving services described

7 in this clause;

8 (iii) the barriers that impede full par9 ticipation of members of unserved and un10 derserved groups of individuals with devel11 opmental disabilities and their families;

12 (iv) the availability of assistive tech13 nology, assistive technology services, or re14 habilitation technology, or information

15 about assistive technology, assistive tech16 nology services, or rehabilitation tech17 nology to individuals with developmental

18 disabilities;

19 (v) the numbers of individuals with

20 developmental disabilities on waiting lists

21 for services described in this subparagraph;

22 (vi) a description of the adequacy of

23 current resources and projected availability

24 of future resources to fund services de25 scribed in this subparagraph;
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1 (vii) a description of the adequacy of

2 health care and other services, supports,

3 and assistance that individuals with devel4 opmental disabilities who are in facilities

5 receive (based in part on each independent

6 review (pursuant to section 1902(a)(30)(C)

7 of the Social Security Act (42 U.S.C.

8 1396a(a)(30)(C))) of an Intermediate Care

9 Facility (Mental Retardation) within the

10 State, which the State shall provide to the

11 Council not later than 30 days after the

12 availability of the review); and

13 (viii) to the extent that information is

14 available, a description of the adequacy of

15 health care and other services, supports,

16 and assistance that individuals with devel17 opmental disabilities who are served

18 through home and community-based waiv19 ers (authorized under section 1915(c) of

20 the Social Security Act (42 U.S.C.

21 1396n(c))) receive;

22 (D) a description of how entities funded

23 under subtitles C and D, through interagency

24 agreements or other mechanisms, collaborated

25 with the entity funded under this subtitle in the
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1 State, each other, and other entities to con2 tribute to the achievement of the purpose of

3 this subtitle; and

4 (E) the rationale for the goals related to

5 advocacy, capacity building, and systemic

6 change to be undertaken by the Council to con7 tribute to the achievement of the purpose of

8 this subtitle.

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

10 Council efforts to bring about the purpose of this

11 subtitle, by—

12 (A) specifying 5-year goals, as developed

13 through data driven strategic planning, for ad14 vocacy, capacity building, and systemic change

15 related to the areas of emphasis, to be under16 taken by the Council, that—

17 (i) are derived from the unmet needs

18 of individuals with developmental disabil19 ities and their families identified under

20 paragraph (3); and

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

22 grant, to—

23 (I) establish or strengthen a pro24 gram for the direct funding of a State
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1 self-advocacy organization led by indi2 viduals with developmental disabilities;

3 (II) support opportunities for in4 dividuals with developmental disabil5 ities who are considered leaders to

6 provide leadership training to individ7 uals with developmental disabilities

8 who may become leaders; and

9 (III) support and expand partici10 pation of individuals with develop11 mental disabilities in cross-disability

12 and culturally diverse leadership coali13 tions; and

14 (B) for each year of the grant,

15 describing—

16 (i) the goals to be achieved through

17 the grant, which, beginning in fiscal year

18 2001, shall be consistent with applicable

19 indicators of progress described in section

20 104(a)(3);

21 (ii) the strategies to be used in achiev22 ing each goal; and

23 (iii) the method to be used to deter24 mine if each goal has been achieved.

25 (5) ASSURANCES.—
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1 (A) IN GENERAL.—The plan shall contain

2 or be supported by assurances and information

3 described in subparagraphs (B) through (N)

4 that are satisfactory to the Secretary.

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

6 funds paid to the State under section 122, the

7 plan shall provide assurances that—

8 (i) not less than 70 percent of such

9 funds will be expended for activities related

10 to the goals described in paragraph (4);

11 (ii) such funds will contribute to the

12 achievement of the purpose of this subtitle

13 in various political subdivisions of the

14 State;

15 (iii) such funds will be used to supple16 ment, and not supplant, the non-Federal

17 funds that would otherwise be made avail18 able for the purposes for which the funds

19 paid under section 122 are provided;

20 (iv) such funds will be used to com21 plement and augment rather than dupli22 cate or replace services for individuals with

23 developmental disabilities and their fami24 lies who are eligible for Federal assistance

25 under other State programs;
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1 (v) part of such funds will be made

2 available by the State to public or private

3 entities;

4 (vi) at the request of any State, a por5 tion of such funds provided to such State

6 under this subtitle for any fiscal year shall

be available to pay up to 1 7 ⁄2 (or the entire

8 amount if the Council is the designated

9 State agency) of the expenditures found to

10 be necessary by the Secretary for the prop11 er and efficient exercise of the functions of

12 the designated State agency, except that

13 not more than 5 percent of such funds pro14 vided to such State for any fiscal year, or

15 $50,000, whichever is less, shall be made

16 available for total expenditures for such

17 purpose by the designated State agency;

18 and

19 (vii) not more than 20 percent of such

20 funds will be allocated to the designated

21 State agency for service demonstrations by

22 such agency that—

23 (I) contribute to the achievement

24 of the purpose of this subtitle; and
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1 (II) are explicitly authorized by

2 the Council.

3 (C) STATE FINANCIAL PARTICIPATION.—

4 The plan shall provide assurances that there

5 will be reasonable State financial participation

6 in the cost of carrying out the plan.

7 (D) CONFLICT OF INTEREST.—The plan

8 shall provide an assurance that no member of

9 such Council will cast a vote on any matter that

10 would provide direct financial benefit to the

11 member or otherwise give the appearance of a

12 conflict of interest.

13 (E) URBAN AND RURAL POVERTY

14 AREAS.—The plan shall provide assurances that

15 special financial and technical assistance will be

16 given to organizations that provide community

17 services, individualized supports, and other

18 forms of assistance to individuals with develop19 mental disabilities who live in areas designated

20 as urban or rural poverty areas.

21 (F) PROGRAM ACCESSIBILITY STAND22 ARDS.—The plan shall provide assurances that

23 programs, projects, and activities funded under

24 the plan, and the buildings in which such pro25 grams, projects, and activities are operated, will
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1 meet standards prescribed by the Secretary in

2 regulations and all applicable Federal and State

3 accessibility standards, including accessibility

4 requirements of the Americans with Disabilities

5 Act of 1990 (42 U.S.C. 12101 et seq.), section

6 508 of the Rehabilitation Act of 1973 (29

7 U.S.C. 794d), and the Fair Housing Act (42

8 U.S.C. 3601 et seq.).

9 (G) INDIVIDUALIZED SERVICES.—The plan

10 shall provide assurances that any direct services

11 provided to individuals with developmental dis12 abilities and funded under the plan will be pro13 vided in an individualized manner, consistent

14 with the unique strengths, resources, priorities,

15 concerns, abilities, and capabilities of such indi16 vidual.

17 (H) HUMAN RIGHTS.—The plan shall pro18 vide assurances that the human rights of the

19 individuals with developmental disabilities (es20 pecially individuals without familial protection)

21 who are receiving services under programs as22 sisted under this subtitle will be protected con23 sistent with section 109 (relating to rights of

24 individuals with developmental disabilities).
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1 (I) MINORITY PARTICIPATION.—The plan

2 shall provide assurances that the State has

3 taken affirmative steps to assure that participa4 tion in programs funded under this subtitle is

5 geographically representative of the State, and

6 reflects the diversity of the State with respect

7 to race and ethnicity.

8 (J) EMPLOYEE PROTECTIONS.—The plan

9 shall provide assurances that fair and equitable

10 arrangements (as determined by the Secretary

11 after consultation with the Secretary of Labor)

12 will be provided to protect the interests of em13 ployees affected by actions taken under the plan

14 to provide community living activities, including

15 arrangements designed to preserve employee

16 rights and benefits and provide training and re17 training of such employees where necessary,

18 and arrangements under which maximum ef19 forts will be made to guarantee the employment

20 of such employees.

21 (K) STAFF ASSIGNMENTS.—The plan shall

22 provide assurances that the staff and other per23 sonnel of the Council, while working for the

24 Council, will be responsible solely for assisting

25 the Council in carrying out the duties of the
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1 Council under this subtitle and will not be as2 signed duties by the designated State agency, or

3 any other agency, office, or entity of the State.

4 (L) NONINTERFERENCE.—The plan shall

5 provide assurances that the designated State

6 agency, and any other agency, office, or entity

7 of the State, will not interfere with the advo8 cacy, capacity building, and systemic change ac9 tivities, budget, personnel, State plan develop10 ment, or plan implementation of the Council,

11 except that the designated State agency shall

12 have the authority necessary to carry out the

13 responsibilities described in section 125(d)(3).

14 (M) STATE QUALITY ASSURANCE.—The

15 plan shall provide assurances that the Council

16 will participate in the planning, design or rede17 sign, and monitoring of State quality assurance

18 systems that affect individuals with develop19 mental disabilities.

20 (N) OTHER ASSURANCES.—The plan shall

21 contain such additional information and assur22 ances as the Secretary may find necessary to

23 carry out the provisions (including the purpose)

24 of this subtitle.
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1 (d) PUBLIC INPUT AND REVIEW, SUBMISSION, AND

2 APPROVAL.—

3 (1) PUBLIC INPUT AND REVIEW.—The plan

4 shall be based on public input. The Council shall

5 make the plan available for public review and com6 ment, after providing appropriate and sufficient no7 tice in accessible formats of the opportunity for such

8 review and comment. The Council shall revise the

9 plan to take into account and respond to significant

10 comments.

11 (2) CONSULTATION WITH THE DESIGNATED

12 STATE AGENCY.—Before the plan is submitted to

13 the Secretary, the Council shall consult with the des14 ignated State agency to ensure that the State plan

15 is consistent with State law and to obtain appro16 priate State plan assurances.

17 (3) PLAN APPROVAL.—The Secretary shall ap18 prove any State plan and, as appropriate, amend19 ments of such plan that comply with the provisions

20 of subsections (a), (b), and (c) and this subsection.

21 The Secretary may take final action to disapprove a

22 State plan after providing reasonable notice and an

23 opportunity for a hearing to the State.
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1 SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABIL2 ITIES AND DESIGNATED STATE AGENCIES.

3 (a) IN GENERAL.—Each State that receives assist4 ance under this subtitle shall establish and maintain a

5 Council to undertake advocacy, capacity building, and sys6 temic change activities (consistent with subsections (b)

7 and (c) of section 101) that contribute to a coordinated,

8 consumer- and family-centered, consumer- and family-di9 rected, comprehensive system of community services, indi10 vidualized supports, and other forms of assistance that

11 contribute to the achievement of the purpose of this sub12 title. The Council shall have the authority to fulfill the

13 responsibilities described in subsection (c).

14 (b) COUNCIL MEMBERSHIP.—

15 (1) COUNCIL APPOINTMENTS.—

16 (A) IN GENERAL.—The members of the

17 Council of a State shall be appointed by the

18 Governor of the State from among the residents

19 of that State.

20 (B) RECOMMENDATIONS.—The Governor

21 shall select members of the Council, at the dis22 cretion of the Governor, after soliciting rec23 ommendations from organizations representing

24 a broad range of individuals with developmental

25 disabilities and individuals interested in individ26 uals with developmental disabilities, including
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1 the non-State agency members of the Council.

2 The Council may, at the initiative of the Coun3 cil, or on the request of the Governor, coordi4 nate Council and public input to the Governor

5 regarding all recommendations.

6 (C) REPRESENTATION.—The membership

7 of the Council shall be geographically represent8 ative of the State and reflect the diversity of

9 the State with respect to race and ethnicity.

10 (2) MEMBERSHIP ROTATION.—The Governor

11 shall make appropriate provisions to rotate the mem12 bership of the Council. Such provisions shall allow

13 members to continue to serve on the Council until

14 such members’ successors are appointed. The Coun15 cil shall notify the Governor regarding membership

16 requirements of the Council, and shall notify the

17 Governor when vacancies on the Council remain un18 filled for a significant period of time.

19 (3) REPRESENTATION OF INDIVIDUALS WITH

20 DEVELOPMENTAL DISABILITIES.—Not less than 60

21 percent of the membership of each Council shall con22 sist of individuals who are—

23 (A)(i) individuals with developmental dis24 abilities;
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1 (ii) parents or guardians of children with

2 developmental disabilities; or

3 (iii) immediate relatives or guardians of

4 adults with mentally impairing developmental

5 disabilities who cannot advocate for themselves;

6 and

7 (B) not employees of a State agency that

8 receives funds or provides services under this

9 subtitle, and who are not managing employees

10 (as defined in section 1126(b) of the Social Se11 curity Act (42 U.S.C. 1320a–5(b)) of any other

12 entity that receives funds or provides services

13 under this subtitle.

14 (4) REPRESENTATION OF AGENCIES AND ORGA15 NIZATIONS.—

16 (A) IN GENERAL.—Each Council shall

17 include—

18 (i) representatives of relevant State

19 entities, including—

20 (I) State entities that administer

21 funds provided under Federal laws re22 lated to individuals with disabilities,

23 including the Rehabilitation Act of

24 1973 (29 U.S.C. 701 et seq.), the In25 dividuals with Disabilities Education
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•S 1809 RS

1 Act (20 U.S.C. 1400 et seq.), the

2 Older Americans Act of 1965 (42

3 U.S.C. 3001 et seq.), and titles V and

4 XIX of the Social Security Act (42

5 U.S.C. 701 et seq. and 1396 et seq.);

6 (II) Centers in the State; and

7 (III) the State protection and ad8 vocacy system; and

9 (ii) representatives, at all times, of

10 local and nongovernmental agencies, and

11 private nonprofit groups concerned with

12 services for individuals with developmental

13 disabilities in the State in which such

14 agencies and groups are located.

15 (B) AUTHORITY AND LIMITATIONS.—The

16 representatives described in subparagraph (A)

17 shall—

18 (i) have sufficient authority to engage

19 in policy planning and implementation on

20 behalf of the department, agency, or pro21 gram such representatives represent; and

22 (ii) recuse themselves from any dis23 cussion of grants or contracts for which

24 such representatives’ departments, agen25 cies, or programs are grantees, contrac-
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1 tors, or applicants and comply with the

2 conflict of interest assurance requirement

3 under section 124(c)(5)(D).

4 (5) COMPOSITION OF MEMBERSHIP WITH DE5 VELOPMENTAL DISABILITIES.—Of the members of

6 the Council described in paragraph (3)—

(A) 1 7 ⁄3 shall be individuals with develop8 mental disabilities described in paragraph

9 (3)(A)(i);

(B) 1 10 ⁄3 shall be parents or guardians of

11 children with developmental disabilities de12 scribed in paragraph (3)(A)(ii), or immediate

13 relatives or guardians of adults with develop14 mental disabilities described in paragraph

15 (3)(A)(iii); and

(C) 1 16 ⁄3 shall be a combination of individ17 uals described in paragraph (3)(A).

18 (6) INSTITUTIONALIZED INDIVIDUALS.—

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

20 Council described in paragraph (5), at least 1

21 shall be an immediate relative or guardian of an

22 individual with a developmental disability who

23 resides or previously resided in an institution or

24 shall be an individual with a developmental dis-
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•S 1809 RS

1 ability who resides or previously resided in an

2 institution.

3 (B) LIMITATION.—Subparagraph (A) shall

4 not apply with respect to a State if such an in5 dividual does not reside in that State.

6 (c) COUNCIL RESPONSIBILITIES.—

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

8 members, staff, consultants, contractors, or sub9 grantees, shall have the responsibilities described in

10 paragraphs (2) through (10).

11 (2) ADVOCACY, CAPACITY BUILDING, AND SYS12 TEMIC CHANGE ACTIVITIES.—The Council shall

13 serve as an advocate for individuals with develop14 mental disabilities and conduct or support programs,

15 projects, and activities that carry out the purpose of

16 this subtitle.

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

18 each grant year, each Council shall—

19 (A) determine the extent to which each

20 goal of the Council was achieved for that year;

21 (B) determine to the extent that each goal

22 was not achieved, the factors that impeded the

23 achievement;
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1 (C) determine needs that require amend2 ment of the 5-year strategic State plan required

3 under section 124;

4 (D) separately determine the information

5 on the self-advocacy goal described in section

6 124(c)(4)(A)(ii); and

7 (E) determine customer satisfaction with

8 Council supported or conducted activities.

9 (4) STATE PLAN DEVELOPMENT.—The Council

10 shall develop the State plan and submit the State

11 plan to the Secretary after consultation with the des12 ignated State agency under the State plan. Such

13 consultation shall be solely for the purposes of ob14 taining State assurances and ensuring consistency of

15 the plan with State law.

16 (5) STATE PLAN IMPLEMENTATION.—

17 (A) IN GENERAL.—The Council shall im18 plement the State plan by conducting and sup19 porting advocacy, capacity building, and sys20 temic change activities such as those described

21 in subparagraphs (B) through (L).

22 (B) OUTREACH.—The Council may sup23 port and conduct outreach activities to identify

24 individuals with developmental disabilities and

25 their families who otherwise might not come to
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1 the attention of the Council and assist and en2 able the individuals and families to obtain serv3 ices, individualized supports, and other forms of

4 assistance, including access to special adapta5 tion of generic community services or special6 ized services.

7 (C) TRAINING.—The Council may support

8 and conduct training for persons who are indi9 viduals with developmental disabilities, their

10 families, and personnel (including professionals,

11 paraprofessionals, students, volunteers, and

12 other community members) to enable such per13 sons to obtain access to, or to provide, commu14 nity services, individualized supports, and other

15 forms of assistance, including special adapta16 tion of generic community services or special17 ized services for individuals with developmental

18 disabilities and their families. To the extent

19 that the Council supports or conducts training

20 activities under this subparagraph, such activi21 ties shall contribute to the achievement of the

22 purpose of this subtitle.

23 (D) TECHNICAL ASSISTANCE.—The Coun24 cil may support and conduct technical assist25 ance activities to assist public and private enti-
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1 ties to contribute to the achievement of the pur2 pose of this subtitle.

3 (E) SUPPORTING AND EDUCATING COMMU4 NITIES.—The Council may support and conduct

5 activities to assist neighborhoods and commu6 nities to respond positively to individuals with

7 developmental disabilities and their families—

8 (i) by encouraging local networks to

9 provide informal and formal supports;

10 (ii) through education; and

11 (iii) by enabling neighborhoods and

12 communities to offer such individuals and

13 their families access to and use of services,

14 resources, and opportunities.

15 (F) INTERAGENCY COLLABORATION AND

16 COORDINATION.—The Council may support and

17 conduct activities to promote interagency col18 laboration and coordination to better serve, sup19 port, assist, or advocate for individuals with de20 velopmental disabilities and their families.

21 (G) COORDINATION WITH RELATED COUN22 CILS, COMMITTEES, AND PROGRAMS.—The

23 Council may support and conduct activities to

24 enhance coordination of services with—
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1 (i) other councils, entities, or commit2 tees, authorized by Federal or State law,

3 concerning individuals with disabilities

4 (such as the State interagency coordi5 nating council established under subtitle C

6 of the Individuals with Disabilities Edu7 cation Act (20 U.S.C. 1431 et seq.), the

8 State Rehabilitation Council and the State9 wide Independent Living Council estab10 lished under the Rehabilitation Act of

11 1973 (29 U.S.C. 701 et seq.), the State

12 mental health planning council established

13 under subtitle B of title XIX of the Public

14 Health Service Act (42 U.S.C. 300x–1 et

15 seq.), and the activities authorized under

16 section 101 or 102 of the Assistive Tech17 nology Act of 1998 (29 U.S.C. 3011,

18 3012), and entities carrying out other

19 similar councils, entities, or committees);

20 (ii) parent training and information

21 centers under part D of the Individuals

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

23 1451 et seq.) and other entities carrying

24 out federally funded projects that assist

25 parents of children with disabilities; and
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1 (iii) other groups interested in advo2 cacy, capacity building, and systemic

3 change activities to benefit individuals with

4 disabilities.

5 (H) BARRIER ELIMINATION, SYSTEMS DE6 SIGN AND REDESIGN.—The Council may sup7 port and conduct activities to eliminate barriers

8 to assess and use of community services by in9 dividuals with developmental disabilities, en10 hance systems design and redesign, and en11 hance citizen participation to address issues

12 identified in the State plan.

13 (I) COALITION DEVELOPMENT AND CIT14 IZEN PARTICIPATION.—The Council may sup15 port and conduct activities to educate the public

16 about the capabilities, preferences, and needs of

17 individuals with developmental disabilities and

18 their families and to develop and support coali19 tions that support the policy agenda of the

20 Council, including training in self-advocacy,

21 education of policymakers, and citizen leader22 ship skills.

23 (J) INFORMING POLICYMAKERS.—The

24 Council may support and conduct activities to

25 provide information to policymakers by sup-
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1 porting and conducting studies and analyses,

2 gathering information, and developing and dis3 seminating model policies and procedures, infor4 mation, approaches, strategies, findings, conclu5 sions, and recommendations. The Council may

6 provide the information directly to Federal,

7 State, and local policymakers, including Con8 gress, the Federal executive branch, the Gov9 ernors, State legislatures, and State agencies,

10 in order to increase the ability of such policy11 makers to offer opportunities and to enhance or

12 adapt generic services to meet the needs of, or

13 provide specialized services to, individuals with

14 developmental disabilities and their families.

15 (K) DEMONSTRATION OF NEW AP16 PROACHES TO SERVICES AND SUPPORTS.—

17 (i) IN GENERAL.—The Council may

18 support and conduct, on a time-limited

19 basis, activities to demonstrate new ap20 proaches to serving individuals with devel21 opmental disabilities that are a part of an

22 overall strategy for systemic change. The

23 strategy may involve the education of pol24 icymakers and the public about how to de25 liver effectively, to individuals with devel-
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1 opmental disabilities and their families,

2 services, supports, and assistance that con3 tribute to the achievement of the purpose

4 of this subtitle.

5 (ii) SOURCES OF FUNDING.—The

6 Council may carry out this subparagraph

7 by supporting and conducting demonstra8 tion activities through sources of funding

9 other than funding provided under this

10 subtitle, and by assisting entities con11 ducting demonstration activities to develop

12 strategies for securing funding from other

13 sources.

14 (L) OTHER ACTIVITIES.—The Council may

15 support and conduct other advocacy, capacity

16 building, and systemic change activities to pro17 mote the development of a coordinated,

18 consumer- and family-centered, consumer- and

19 family-directed, comprehensive system of com20 munity services, individualized supports, and

21 other forms of assistance that contribute to the

22 achievement of the purpose of this subtitle.

23 (6) REVIEW OF DESIGNATED STATE AGENCY.—

24 The Council shall periodically review the designated

25 State agency and activities carried out under this
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•S 1809 RS

1 subtitle by the designated State agency and make

2 any recommendations for change to the Governor.

3 (7) REPORTS.—Beginning in fiscal year 2001,

4 the Council shall annually prepare and transmit to

5 the Secretary a report. Each report shall be in a

6 form prescribed by the Secretary by regulation

7 under section 104(b). Each report shall contain in8 formation about the progress made by the Council in

9 achieving the goals of the Council (as specified in

10 section 124(c)(4)), including—

11 (A) a description of the extent to which the

12 goals were achieved;

13 (B) a description of the strategies that

14 contributed to achieving the goals;

15 (C) to the extent to which the goals were

16 not achieved, a description of factors that im17 peded the achievement;

18 (D) separate information on the self-advo19 cacy goal described in section 124(c)(4)(A)(ii);

20 (E)(i) as appropriate, an update on the re21 sults of the comprehensive review and analysis

22 described in section 124(c)(3); and

23 (ii) information on consumer satisfaction

24 with Council supported or conducted activities;
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1 (F)(i) a description of the adequacy of

2 health care and other services, supports, and

3 assistance that individuals with developmental

4 disabilities in Intermediate Care Facilities

5 (Mental Retardation) receive; and

6 (ii) a description of the adequacy of health

7 care and other services, supports, and assist8 ance that individuals with developmental dis9 abilities served through home and community10 based waivers (authorized under section

11 1915(c) of the Social Security Act (42 U.S.C.

12 1396n(c)) receive;

13 (G) an accounting of the manner in which

14 funds paid to the State under this subtitle for

15 a fiscal year were expended;

16 (H) a description of—

17 (i) resources made available to carry

18 out activities to assist individuals with de19 velopmental disabilities that are directly at20 tributable to Council actions; and

21 (ii) resources made available for such

22 activities that are undertaken by the Coun23 cil in collaboration with other entities; and

24 (I) a description of the method by which

25 the Council will widely disseminate the annual
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1 report to affected constituencies and the general

2 public and will assure that the report is avail3 able in accessible formats.

4 (8) BUDGET.—Each Council shall prepare, ap5 prove, and implement a budget using amounts paid

6 to the State under this subtitle to fund and imple7 ment all programs, projects, and activities carried

8 out under this subtitle, including—

9 (A)(i) conducting such hearings and fo10 rums as the Council may determine to be nec11 essary to carry out the duties of the Council;

12 and

13 (ii) as determined in Council policy—

14 (I) reimbursing members of the Coun15 cil for reasonable and necessary expenses

16 (including expenses for child care and per17 sonal assistance services) for attending

18 Council meetings and performing Council

19 duties;

20 (II) paying a stipend to a member of

21 the Council, if such member is not em22 ployed or must forfeit wages from other

23 employment, to attend Council meetings

24 and perform other Council duties;
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1 (III) supporting Council member and

2 staff travel to authorized training and

3 technical assistance activities including in4 service training and leadership develop5 ment activities; and

6 (IV) carrying out appropriate subcon7 tracting activities;

8 (B) hiring and maintaining such numbers

9 and types of staff (qualified by training and ex10 perience) and obtaining the services of such

11 professional, consulting, technical, and clerical

12 staff (qualified by training and experience),

13 consistent with State law, as the Council deter14 mines to be necessary to carry out the functions

15 of the Council under this subtitle, except that

16 such State shall not apply hiring freezes, reduc17 tions in force, prohibitions on travel, or other

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

19 that such policies would impact the staff or

20 functions funded with Federal funds, or would

21 prevent the Council from carrying out the func22 tions of the Council under this subtitle; and

23 (C) directing the expenditure of funds for

24 grants, contracts, interagency agreements that

25 are binding contracts, and other activities au-
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1 thorized by the State plan approved under sec2 tion 124.

3 (9) STAFF HIRING AND SUPERVISION.—The

4 Council shall, consistent with State law, recruit and

5 hire a Director of the Council, should the position of

6 Director become vacant, and supervise and annually

7 evaluate the Director. The Director shall hire, super8 vise, and annually evaluate the staff of the Council.

9 Council recruitment, hiring, and dismissal of staff

10 shall be conducted in a manner consistent with Fed11 eral and State nondiscrimination laws. Dismissal of

12 personnel shall be conducted in a manner consistent

13 with State law and personnel policies.

14 (10) STAFF ASSIGNMENTS.—The staff of the

15 Council, while working for the Council, shall be re16 sponsible solely for assisting the Council in carrying

17 out the duties of the Council under this subtitle and

18 shall not be assigned duties by the designated State

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

20 (11) CONSTRUCTION.—Nothing in this title

21 shall be construed to authorize a Council to direct,

22 control, or exercise any policymaking authority or

23 administrative authority over any program assisted

24 under the Rehabilitation Act of 1973 (29 U.S.C.
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1 701 et seq.) or the Individuals with Disabilities Edu2 cation Act (20 U.S.C. 1400 et seq.).

3 (d) DESIGNATED STATE AGENCY.—

4 (1) IN GENERAL.—Each State that receives as5 sistance under this subtitle shall designate a State

6 agency that shall, on behalf of the State, provide

7 support to the Council. After the date of enactment

8 of the Developmental Disabilities Assistance and Bill

9 of Rights Act Amendments of 1994 (Public Law

10 103–230), any designation of a State agency under

11 this paragraph shall be made in accordance with the

12 requirements of this subsection.

13 (2) DESIGNATION.—

14 (A) TYPE OF AGENCY.—Except as pro15 vided in this subsection, the designated State

16 agency shall be—

17 (i) the Council if such Council may be

18 the designated State agency under the laws

19 of the State;

20 (ii) a State agency that does not pro21 vide or pay for services for individuals with

22 developmental disabilities; or

23 (iii) a State office, including the im24 mediate office of the Governor of the State

25 or a State planning office.
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1 (B) CONDITIONS FOR CONTINUATION OF

2 STATE SERVICE AGENCY DESIGNATION.—

3 (i) DESIGNATION BEFORE ENACT4 MENT.—If a State agency that provides or

5 pays for services for individuals with devel6 opmental disabilities was a designated

7 State agency for purposes of part B of the

8 Developmental Disabilities Assistance and

9 Bill of Rights Act on the date of enact10 ment of the Developmental Disabilities As11 sistance and Bill of Rights Act Amend12 ments of 1994, and the Governor of the

13 State (or the legislature, where appropriate

14 and in accordance with State law) deter15 mines prior to June 30, 1994, not to

16 change the designation of such agency,

17 such agency may continue to be a des18 ignated State agency for purposes of this

19 subtitle.

20 (ii) CRITERIA FOR CONTINUED DES21 IGNATION.—The determination, at the dis22 cretion of the Governor (or the legislature,

23 as the case may be), shall be made after—

24 (I) the Governor has considered

25 the comments and recommendations
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1 of the general public and a majority

2 of the non-State agency members of

3 the Council with respect to the des4 ignation of such State agency; and

5 (II) the Governor (or the legisla6 ture, as the case may be) has made an

7 independent assessment that the des8 ignation of such agency will not inter9 fere with the budget, personnel, prior10 ities, or other action of the Council,

11 and the ability of the Council to serve

12 as an independent advocate for indi13 viduals with developmental disabilities.

14 (C) REVIEW OF DESIGNATION.—The

15 Council may request a review of and change in

16 the designation of the designated State agency

17 by the Governor (or the legislature, as the case

18 may be). The Council shall provide documenta19 tion concerning the reason the Council desires

20 a change to be made and make a recommenda21 tion to the Governor (or the legislature, as the

22 case may be) regarding a preferred designated

23 State agency.

24 (D) APPEAL OF DESIGNATION.—After the

25 review is completed under subparagraph (C), a
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1 majority of the non-State agency members of

2 the Council may appeal to the Secretary for a

3 review of and change in the designation of the

4 designated State agency if the ability of the

5 Council to serve as an independent advocate is

6 not assured because of the actions or inactions

7 of the designated State agency.

8 (3) RESPONSIBILITIES.—

9 (A) IN GENERAL.—The designated State

10 agency shall, on behalf of the State, have the

11 responsibilities described in subparagraphs (B)

12 through (G).

13 (B) SUPPORT SERVICES.—The designated

14 State agency shall provide required assurances

15 and support services as requested by and nego16 tiated with the Council.

17 (C) FISCAL RESPONSIBILITIES.—The des18 ignated State agency shall—

19 (i) receive, account for, and disburse

20 funds under this subtitle based on the

21 State plan required in section 124; and

22 (ii) provide for such fiscal control and

23 fund accounting procedures as may be nec24 essary to assure the proper disbursement
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1 of, and accounting for, funds paid to the

2 State under this subtitle.

3 (D) RECORDS, ACCESS, AND FINANCIAL

4 REPORTS.—The designated State agency shall

5 keep and provide access to such records as the

6 Secretary and the Council may determine to be

7 necessary. The designated State agency, if

8 other than the Council, shall provide timely fi9 nancial reports at the request of the Council re10 garding the status of expenditures, obligations,

11 and liquidation by the agency or the Council,

12 and the use of the Federal and non-Federal

13 shares described in section 126, by the agency

14 or the Council.

15 (E) NON-FEDERAL SHARE.—The des16 ignated State agency, if other than the Council,

17 shall provide the required non-Federal share de18 scribed in section 126(c).

19 (F) ASSURANCES.—The designated State

20 agency shall assist the Council in obtaining the

21 appropriate State plan assurances and in ensur22 ing that the plan is consistent with State law.

23 (G) MEMORANDUM OF UNDERSTANDING.—

24 On the request of the Council, the designated

25 State agency shall enter into a memorandum of
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1 understanding with the Council delineating the

2 roles and responsibilities of the designated

3 State agency.

4 (4) USE OF FUNDS FOR DESIGNATED STATE

5 AGENCY RESPONSIBILITIES.—

6 (A) CONDITION FOR FEDERAL FUNDING.—

7 (i) IN GENERAL.—The Secretary shall

8 provide amounts to a State under section

9 124(c)(5)(B)(vi) for a fiscal year only if

10 the State expends an amount from State

11 sources for carrying out the responsibilities

12 of the designated State agency under para13 graph (3) for the fiscal year that is not

14 less than the total amount the State ex15 pended from such sources for carrying out

16 similar responsibilities for the previous fis17 cal year.

18 (ii) EXCEPTION.—Clause (i) shall not

19 apply in a year in which the Council is the

20 designated State agency.

21 (B) SUPPORT SERVICES PROVIDED BY

22 OTHER AGENCIES.—With the agreement of the

23 designated State agency, the Council may use

24 or contract with agencies other than the des-
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1 ignated State agency to perform the functions

2 of the designated State agency.

3 SEC. 126. FEDERAL AND NON-FEDERAL SHARE.

4 (a) AGGREGATE COST.—

5 (1) IN GENERAL.—Except as provided in para6 graphs (2) and (3), the Federal share of the cost of

7 all projects in a State supported by an allotment to

8 the State under this subtitle may not be more than

9 75 percent of the aggregate necessary cost of such

10 projects, as determined by the Secretary.

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

12 case of projects whose activities or products target

13 individuals with developmental disabilities who live

14 in urban or rural poverty areas, as determined by

15 the Secretary, the Federal share of the cost of all

16 such projects may not be more than 90 percent of

17 the aggregate necessary cost of such projects, as de18 termined by the Secretary.

19 (3) STATE PLAN ACTIVITIES.—In the case of

20 projects undertaken by the Council or Council staff

21 to implement State plan activities, the Federal share

22 of the cost of all such projects may be not more than

23 100 percent of the aggregate necessary cost of such

24 activities.
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1 (b) NONDUPLICATION.—In determining the amount

2 of any State’s Federal share of the cost of such projects

3 incurred by such State under a State plan approved under

4 section 124, the Secretary shall not consider—

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

6 Federal funds provided under any provision of law

7 other than section 122; and

8 (2) the amount of any non-Federal funds re9 quired to be expended as a condition of receipt of

10 the Federal funds described in paragraph (1).

11 (c) NON-FEDERAL SHARE.—

12 (1) IN-KIND CONTRIBUTIONS.—The non-Fed13 eral share of the cost of any project supported by an

14 allotment under this subtitle may be provided in

15 cash or in kind, fairly evaluated, including plant,

16 equipment, or services.

17 (2) CONTRIBUTIONS OF POLITICAL SUBDIVI18 SIONS AND PUBLIC OR PRIVATE ENTITIES.—

19 (A) IN GENERAL.—Contributions to

20 projects by a political subdivision of a State or

21 by a public or private entity under an agree22 ment with the State shall, subject to such limi23 tations and conditions as the Secretary may by

24 regulation prescribe under section 104(b), be

25 considered to be contributions by such State, in
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1 the case of a project supported under this sub2 title.

3 (B) STATE CONTRIBUTIONS.—State con4 tributions, including contributions by the des5 ignated State agency to provide support services

6 to the Council pursuant to section 125(d)(4),

7 may be counted as part of such State’s non8 Federal share of the cost of projects supported

9 under this subtitle.

10 (3) VARIATIONS OF THE NON-FEDERAL

11 SHARE.—The non-Federal share required of each re12 cipient of a grant from a Council under this subtitle

13 may vary.

14 SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING, AD15 MINISTRATION, AND SERVICES.

16 Whenever the Secretary, after providing reasonable

17 notice and an opportunity for a hearing to the Council

18 and the designated State agency, finds that—

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

20 substantially with any of the provisions required by

21 section 124 to be included in the State plan, particu22 larly provisions required by paragraphs (4)(A) and

23 (5)(B)(vii) of section 124(c), or with any of the pro24 visions required by section 125(b)(3); or
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1 (2) the Council or agency has failed to comply

2 substantially with any regulations of the Secretary

3 that are applicable to this subtitle,

4 the Secretary shall notify such Council and agency that

5 the Secretary will not make further payments to the State

6 under section 122 (or, in the discretion of the Secretary,

7 that further payments to the State under section 122 for

8 activities for which there is such failure), until the Sec9 retary is satisfied that there will no longer be such failure.

10 Until the Secretary is so satisfied, the Secretary shall

11 make no further payments to the State under section 122,

12 or shall limit further payments under section 122 to such

13 State to activities for which there is no such failure.

14 SEC. 128. APPEALS BY STATES.

15 (a) APPEAL.—If any State is dissatisfied with the

16 Secretary’s action under section 124(d)(3) or 127, such

17 State may appeal to the United States court of appeals

18 for the circuit in which such State is located, by filing a

19 petition with such court not later than 60 days after such

20 action.

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

22 promptly a copy of the petition to the Secretary, or any

23 officer designated by the Secretary for that purpose. The

24 Secretary shall file promptly with the court the record of

25 the proceedings on which the Secretary based the action,
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1 as provided in section 2112 of title 28, United States

2 Code.

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

4 the court shall have jurisdiction to affirm the action of

5 the Secretary or to set the action aside, in whole or in

6 part, temporarily or permanently. Until the filing of the

7 record, the Secretary may modify or set aside the order

8 of the Secretary relating to the action.

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

10 Secretary about the facts, if supported by substantial evi11 dence, shall be conclusive, but the court, for good cause

12 shown, may remand the case involved to the Secretary for

13 further proceedings to take further evidence. On remand,

14 the Secretary may make new or modified findings of fact

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

16 shall file with the court the record of the further pro17 ceedings. Such new or modified findings of fact shall like18 wise be conclusive if supported by substantial evidence.

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

20 or setting aside, in whole or in part, any action of the

21 Secretary shall be final, subject to review by the Supreme

22 Court of the United States upon certiorari or certification

23 as provided in section 1254 of title 28, United States

24 Code.
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1 (f) EFFECT.—The commencement of proceedings

2 under this section shall not, unless so specifically ordered

3 by a court, operate as a stay of the Secretary’s action.

4 SEC. 129. AUTHORIZATION OF APPROPRIATIONS.

5 (a) FUNDING FOR STATE ALLOTMENTS.—Except as

6 described in subsection (b), there are authorized to be ap7 propriated for allotments under section 122 $76,000,000

8 for fiscal year 2000 and such sums as may be necessary

9 for each of fiscal years 2001 through 2006.

10 (b) RESERVATION FOR TECHNICAL ASSISTANCE.—

11 (1) LOWER APPROPRIATION YEARS.—For any

12 fiscal year for which the amount appropriated under

13 subsection (a) is less than $76,000,000, the Sec14 retary shall reserve funds in accordance with section

15 163(c) to provide technical assistance to entities

16 funded under this subtitle.

17 (2) HIGHER APPROPRIATION YEARS.—For any

18 fiscal year for which the amount appropriated under

19 subsection (a) is not less than $76,000,000, the Sec20 retary shall reserve not less than $300,000 and not

21 more than 1 percent of the amount appropriated

22 under subsection (a) to provide technical assistance

23 to entities funded under this subtitle.
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1 Subtitle C—Protection and

2 Advocacy of Individual Rights

3 SEC. 141. PURPOSE.

4 The purpose of this subtitle is to provide for allot5 ments to support a protection and advocacy system (re6 ferred to in this subtitle as a ‘‘system’’) in each State to

7 protect the legal and human rights of individuals with de8 velopmental disabilities in accordance with this subtitle.

9 SEC. 142. ALLOTMENTS AND PAYMENTS.

10 (a) ALLOTMENTS.—

11 (1) IN GENERAL.—To assist States in meeting

12 the requirements of section 143(a), the Secretary

13 shall allot to the States the amounts appropriated

14 under section 145 and not reserved under paragraph

15 (6). Allotments and reallotments of such sums shall

16 be made on the same basis as the allotments and re17 allotments are made under subsections (a)(1)(A) and

18 (e) of section 122, except as provided in paragraph

19 (2).

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

21 which—

22 (A) the total amount appropriated under

23 section 145 for a fiscal year is not less than

24 $20,000,000, the allotment under paragraph

25 (1) for such fiscal year—
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1 (i) to each of American Samoa,

2 Guam, the United States Virgin Islands,

3 and the Commonwealth of the Northern

4 Mariana Islands may not be less than

5 $107,000; and

6 (ii) to any State not described in

7 clause (i) may not be less than $200,000;

8 and

9 (B) the total amount appropriated under

10 section 145 for a fiscal year is less than

11 $20,000,000, the allotment under paragraph

12 (1) for such fiscal year—

13 (i) to each of American Samoa,

14 Guam, the United States Virgin Islands,

15 and the Commonwealth of the Northern

16 Mariana Islands may not be less than

17 $80,000; and

18 (ii) to any State not described in

19 clause (i) may not be less than $150,000.

20 (3) REDUCTION OF ALLOTMENT.—Notwith21 standing paragraphs (1) and (2), if the aggregate of

22 the amounts to be allotted to the States pursuant to

23 such paragraphs for any fiscal year exceeds the total

24 amount appropriated for such allotments under sec25 tion 145 for such fiscal year, the amount to be allot-
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1 ted to each State for such fiscal year shall be pro2 portionately reduced.

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

4 which the total amount appropriated under section

5 145 for a fiscal year exceeds the total amount appro6 priated under such section (or a corresponding pro7 vision) for the preceding fiscal year by a percentage

8 greater than the most recent percentage change in

9 the Consumer Price Index published by the Sec10 retary of Labor under section 100(c)(1) of the Reha11 bilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the

12 percentage change indicates an increase), the Sec13 retary shall increase each of the minimum allot14 ments described in subparagraphs (A) and (B) of

15 paragraph (2). The Secretary shall increase each

16 minimum allotment by an amount that bears the

17 same ratio to the amount of such minimum allot18 ment (including any increases in such minimum al19 lotment under this paragraph (or a corresponding

20 provision) for prior fiscal years) as the amount that

21 is equal to the difference between—

22 (A) the total amount appropriated under

23 section 145 for the fiscal year for which the in24 crease in the minimum allotment is being made;

25 minus
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1 (B) the total amount appropriated under

2 section 145 (or a corresponding provision) for

3 the immediately preceding fiscal year,

4 bears to the total amount appropriated under section

5 145 (or a corresponding provision) for such pre6 ceding fiscal year.

7 (5) MONITORING THE ADMINISTRATION OF THE

8 SYSTEM.—In a State in which the system is housed

9 in a State agency, the State may use not more than

10 5 percent of any allotment under this subsection for

11 the costs of monitoring the administration of the

12 system required under section 143(a).

13 (6) TECHNICAL ASSISTANCE AND AMERICAN IN14 DIAN CONSORTIUM.—In any case in which the total

15 amount appropriated under section 145 for a fiscal

16 year is more than $24,500,000, the Secretary

17 shall—

18 (A) use not more than 2 percent of the

19 amount appropriated to provide technical assist20 ance to eligible systems with respect to activi21 ties carried out under this subtitle (consistent

22 with requests by such systems for such assist23 ance for the year); and

24 (B) provide a grant in accordance with sec25 tion 143(b), and in an amount described in sec-
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1 tion 142(a)(2)(A)(i), to an American Indian

2 consortium to provide protection and advocacy

3 services.

4 (b) PAYMENT TO SYSTEMS.—Notwithstanding any

5 other provision of law, the Secretary shall pay directly to

6 any system in a State that complies with the provisions

7 of this subtitle the amount of the allotment made for the

8 State under this section, unless the system specifies other9 wise.

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

11 system under this subtitle for a fiscal year and remaining

12 unobligated at the end of such year shall remain available

13 to such system for the next fiscal year, for the purposes

14 for which such amount was paid.

15 SEC. 143. SYSTEM REQUIRED.

16 (a) SYSTEM REQUIRED.—In order for a State to re17 ceive an allotment under subtitle B or this subtitle—

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

19 protect and advocate the rights of individuals with

20 developmental disabilities;

21 (2) such system shall—

22 (A) have the authority to—

23 (i) pursue legal, administrative, and

24 other appropriate remedies or approaches

25 to ensure the protection of, and advocacy
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1 for, the rights of such individuals within

2 the State who are or who may be eligible

3 for treatment, services, or habilitation, or

4 who are being considered for a change in

5 living arrangements, with particular atten6 tion to members of ethnic and racial mi7 nority groups; and

8 (ii) provide information on and refer9 ral to programs and services addressing

10 the needs of individuals with developmental

11 disabilities;

12 (B) have the authority to investigate inci13 dents of abuse and neglect of individuals with

14 developmental disabilities if the incidents are

15 reported to the system or if there is probable

16 cause to believe that the incidents occurred;

17 (C) on an annual basis, develop, submit to

18 the Secretary, and take action with regard to

19 goals (each of which is related to 1 or more

20 areas of emphasis) and priorities, developed

21 through data driven strategic planning, for the

22 system’s activities;

23 (D) on an annual basis, provide to the

24 public, including individuals with developmental

25 disabilities attributable to either physical im-
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1 pairment, mental impairment, or a combination

2 of physical and mental impairment, and their

3 representatives, and as appropriate, non-State

4 agency representatives of the State Councils on

5 Developmental Disabilities, and Centers, in the

6 State, an opportunity to comment on—

7 (i) the goals and priorities established

8 by the system and the rationale for the es9 tablishment of such goals; and

10 (ii) the activities of the system, in11 cluding the coordination of services with

12 the entities carrying out advocacy pro13 grams under the Rehabilitation Act of

14 1973 (29 U.S.C. 701 et seq.), the Older

15 Americans Act of 1965 (42 U.S.C. 3001 et

16 seq.), and the Protection and Advocacy for

17 Mentally Ill Individuals Act of 1986 (42

18 U.S.C. 10801 et seq.), and with entities

19 carrying out other related programs, in20 cluding the parent training and informa21 tion centers funded under the Individuals

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

23 1400 et seq.), and activities authorized

24 under section 101 or 102 of the Assistive
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1 Technology Act of 1998 (29 U.S.C. 3011,

2 3012);

3 (E) establish a grievance procedure for cli4 ents or prospective clients of the system to en5 sure that individuals with developmental disabil6 ities have full access to services of the system;

7 (F) not be administered by the State

8 Council on Developmental Disabilities;

9 (G) be independent of any agency that pro10 vides treatment, services, or habilitation to indi11 viduals with developmental disabilities;

12 (H) have access at reasonable times to any

13 individual with a developmental disability in a

14 location in which services, supports, and other

15 assistance are provided to such an individual, in

16 order to carry out the purpose of this subtitle;

17 (I) have access to all records of—

18 (i) any individual with a develop19 mental disability who is a client of the sys20 tem if such individual, or the legal guard21 ian, conservator, or other legal representa22 tive of such individual, has authorized the

23 system to have such access;

24 (ii) any individual with a develop25 mental disability, in a situation in which—
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1 (I) the individual, by reason of

2 such individual’s mental or physical

3 condition, is unable to authorize the

4 system to have such access;

5 (II) the individual does not have

6 a legal guardian, conservator, or other

7 legal representative, or the legal

8 guardian of the individual is the

9 State; and

10 (III) a complaint has been re11 ceived by the system about the indi12 vidual with regard to the status or

13 treatment of the individual or, as a

14 result of monitoring or other activi15 ties, there is probable cause to believe

16 that such individual has been subject

17 to abuse or neglect; and

18 (iii) any individual with a develop19 mental disability, in a situation in which—

20 (I) the individual has a legal

21 guardian, conservator, or other legal

22 representative;

23 (II) a complaint has been re24 ceived by the system about the indi25 vidual with regard to the status or
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1 treatment of the individual or, as a

2 result of monitoring or other activi3 ties, there is probable cause to believe

4 that such individual has been subject

5 to abuse or neglect;

6 (III) such representative has

7 been contacted by such system, upon

8 receipt of the name and address of

9 such representative;

10 (IV) such system has offered as11 sistance to such representative to re12 solve the situation; and

13 (V) such representative has failed

14 or refused to act on behalf of the indi15 vidual;

16 (J)(i) have access to the records of individ17 uals described in subparagraphs (B) and (I),

18 and other records that are relevant to con19 ducting an investigation, under the cir20 cumstances described in those subparagraphs,

21 not later than 3 business days after the system

22 makes a written request for the records in23 volved; and

24 (ii) have immediate access, not later than

25 24 hours after the system makes such a re-
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1 quest, to the records without consent from an2 other party, in a situation in which services,

3 supports, and other assistance are provided to

4 an individual with a developmental disability—

5 (I) if the system determines there is

6 probable cause to believe that the health or

7 safety of the individual is in serious and

8 immediate jeopardy; or

9 (II) in any case of death of an indi10 vidual with a developmental disability;

11 (K) hire and maintain sufficient numbers

12 and types of staff (qualified by training and ex13 perience) to carry out such system’s functions,

14 except that the State involved shall not apply

15 hiring freezes, reductions in force, prohibitions

16 on travel, or other policies to the staff of the

17 system, to the extent that such policies would

18 impact the staff or functions of the system

19 funded with Federal funds or would prevent the

20 system from carrying out the functions of the

21 system under this subtitle;

22 (L) have the authority to educate policy23 makers; and

24 (M) provide assurances to the Secretary

25 that funds allotted to the State under section
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1 142 will be used to supplement, and not sup2 plant, the non-Federal funds that would other3 wise be made available for the purposes for

4 which the allotted funds are provided;

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

6 the State shall provide to the system—

7 (A) a copy of each independent review,

8 pursuant to section 1902(a)(30)(C) of the So9 cial Security Act (42 U.S.C. 1396a(a)(30)(C)),

10 of an Intermediate Care Facility (Mental Retar11 dation) within the State, not later than 30 days

12 after the availability of such a review; and

13 (B) information about the adequacy of

14 health care and other services, supports, and

15 assistance that individuals with developmental

16 disabilities who are served through home and

17 community-based waivers (authorized under

18 section 1915(c) of the Social Security Act (42

19 U.S.C. 1396n(c))) receive; and

20 (4) the agency implementing the system will not

21 be redesignated unless—

22 (A) there is good cause for the redesigna23 tion;

24 (B) the State has given the agency notice

25 of the intention to make such redesignation, in-
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1 cluding notice regarding the good cause for

2 such redesignation, and given the agency an op3 portunity to respond to the assertion that good

4 cause has been shown;

5 (C) the State has given timely notice and

6 an opportunity for public comment in an acces7 sible format to individuals with developmental

8 disabilities or their representatives; and

9 (D) the system has an opportunity to ap10 peal the redesignation to the Secretary, on the

11 basis that the redesignation was not for good

12 cause.

13 (b) AMERICAN INDIAN CONSORTIUM.—Upon applica14 tion to the Secretary, an American Indian consortium es15 tablished to provide protection and advocacy services

16 under this subtitle, shall receive funding pursuant to sec17 tion 142(a)(6) to provide the services. Such consortium

18 shall be considered to be a system for purposes of this

19 subtitle and shall coordinate the services with other sys20 tems serving the same geographic area. The tribal council

21 that designates the consortium shall carry out the respon22 sibilities and exercise the authorities specified for a State

23 in this subtitle, with regard to the consortium.

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

25 includes—
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1 (1) a report prepared or received by any staff

2 at any location at which services, supports, or other

3 assistance is provided to individuals with develop4 mental disabilities;

5 (2) a report prepared by an agency or staff per6 son charged with investigating reports of incidents

7 of abuse or neglect, injury, or death occurring at

8 such location, that describes such incidents and the

9 steps taken to investigate such incidents; and

10 (3) a discharge planning record.

11 SEC. 144. ADMINISTRATION.

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

13 system described in section 143 is organized as a private

14 nonprofit entity with a multimember governing board, or

15 a public system with a multimember governing board, such

16 governing board shall be selected according to the policies

17 and procedures of the system, except that—

18 (1)(A) the governing board shall be composed

19 of members who broadly represent or are knowledge20 able about the needs of the individuals served by the

21 system;

22 (B) a majority of the members of the board

23 shall be—

24 (i) individuals with disabilities, including

25 individuals with developmental disabilities, who
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1 are eligible for services, or have received or are

2 receiving services through the system; or

3 (ii) parents, family members, guardians,

4 advocates, or authorized representatives of indi5 viduals referred to in clause (i); and

6 (C) the board may include a representative of

7 the State Council on Developmental Disabilities, the

8 Centers in the State, and the self-advocacy organiza9 tion described in section 124(c)(4)(A)(ii)(I);

(2) not more than 1 10 ⁄3 of the members of the

11 governing board may be appointed by the chief exec12 utive officer of the State involved, in the case of any

13 State in which such officer has the authority to ap14 point members of the board;

15 (3) the membership of the governing board

16 shall be subject to term limits set by the system to

17 ensure rotating membership;

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

19 later than 60 days after the date on which the va20 cancy occurs; and

21 (5) in a State in which the system is organized

22 as a public system without a multimember governing

23 or advisory board, the system shall establish an advi24 sory council—
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1 (A) that shall advise the system on policies

2 and priorities to be carried out in protecting

3 and advocating the rights of individuals with

4 developmental disabilities; and

5 (B) on which a majority of the members

6 shall be—

7 (i) individuals with developmental dis8 abilities who are eligible for services, or

9 have received or are receiving services,

10 through the system; or

11 (ii) parents, family members, guard12 ians, advocates, or authorized representa13 tives of individuals referred to in clause (i).

14 (b) LEGAL ACTION.—

15 (1) IN GENERAL.—Nothing in this Act shall

16 preclude a system from bringing a suit on behalf of

17 individuals with developmental disabilities against a

18 State, or an agency or instrumentality of a State.

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

20 amount received pursuant to a suit described in

21 paragraph (1) through a court judgment may only

22 be used by the system to further the purpose of this

23 subtitle and shall not be used to augment payments

24 to legal contractors or to award personal bonuses.
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1 (3) LIMITATION.—The system shall use assist2 ance provided under this subtitle in a manner con3 sistent with section 5 of the Assisted Suicide Fund4 ing Restriction Act of 1997 (42 U.S.C. 14404).

5 (c) DISCLOSURE OF INFORMATION.—For purposes of

6 any periodic audit, report, or evaluation required under

7 this subtitle, the Secretary shall not require an entity car8 rying out a program to disclose the identity of, or any

9 other personally identifiable information related to, any in10 dividual requesting assistance under such program.

11 (d) PUBLIC NOTICE OF FEDERAL ONSITE RE12 VIEW.—The Secretary shall provide advance public notice

13 of any Federal programmatic or administrative onsite re14 view of a system conducted under this subtitle and solicit

15 public comment on the system through such notice. The

16 Secretary shall prepare an onsite visit report containing

17 the results of such review, which shall be distributed to

18 the Governor of the State and to other interested public

19 and private parties. The comments received in response

20 to the public comment solicitation notice shall be included

21 in the onsite visit report.

22 (e) REPORTS.—Beginning in fiscal year 2001, each

23 system established in a State pursuant to this subtitle

24 shall annually prepare and transmit to the Secretary a re25 port that describes the activities, accomplishments, and
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1 expenditures of the system during the preceding fiscal

2 year, including a description of the system’s goals, the ex3 tent to which the goals were achieved, barriers to their

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

5 nature of such input, and how such input was used.

6 SEC. 145. AUTHORIZATION OF APPROPRIATIONS.

7 For allotments under section 142, there are author8 ized to be appropriated $32,000,000 for fiscal year 2000

9 and such sums as may be necessary for each of fiscal years

10 2001 through 2006.

11 Subtitle D—National Network of

12 University Centers for Excel13 lence in Developmental Disabil14 ities Education, Research, and

15 Service

16 SEC. 151. GRANT AUTHORITY.

17 (a) NATIONAL NETWORK.—From appropriations au18 thorized under section 156(a)(1), the Secretary shall make

19 5-year grants to entities in each State designated as Uni20 versity Centers for Excellence in Developmental Disabil21 ities Education, Research, and Service to carry out activi22 ties described in section 153(a).

23 (b) NATIONAL TRAINING INITIATIVES.—From appro24 priations authorized under section 156(a)(1) and reserved

25 under section 156(a)(2), the Secretary shall make grants
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1 to Centers to carry out activities described in section

2 153(b).

3 (c) TECHNICAL ASSISTANCE.—From appropriations

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

5 section 156(a)(3) (or from funds reserved under section

6 163, as appropriate), the Secretary shall enter into 1 or

7 more cooperative agreements or contracts for the purpose

8 of providing technical assistance described in section

9 153(c).

10 SEC. 152. GRANT AWARDS.

11 (a) EXISTING CENTERS.—

12 (1) IN GENERAL.—In awarding and distributing

13 grant funds under section 151(a) for a fiscal year

14 (including amounts distributed pursuant to section

15 153(a)(3)), the Secretary, subject to the availability

16 of appropriations and the condition specified in sub17 section (d), shall award and distribute grant funds

18 in equal amounts of $500,000 (adjusted in accord19 ance with subsection (b)), to each Center that ex20 isted during the preceding fiscal year and that meets

21 the requirements of this subtitle, prior to making

22 grants under subsection (c) or (d).

23 (2) REDUCTION OF AWARD.—Notwithstanding

24 paragraph (1), if the aggregate of the funds to be

25 awarded to the Centers pursuant to paragraph (1)
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1 for any fiscal year exceeds the total amount appro2 priated under section 156 for such fiscal year, the

3 amount to be awarded to each Center for such fiscal

4 year shall be proportionately reduced.

5 (b) ADJUSTMENTS.—Subject to the availability of ap6 propriations, for any fiscal year following a year in which

7 each Center described in subsection (a) received a grant

8 award of not less than $500,000 under subsection (a) (ad9 justed in accordance with this subsection), the Secretary

10 shall adjust the awards to take into account the most re11 cent percentage change in the Consumer Price Index pub12 lished by the Secretary of Labor under section 100(c)(1)

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

14 (if the percentage change indicates an increase), prior to

15 making grants under subsection (c) or (d).

16 (c) NATIONAL TRAINING INITIATIVES ON CRITICAL

17 AND EMERGING NEEDS.—Subject to the availability of ap18 propriations, for any fiscal year in which each Center de19 scribed in subsection (a) receives a grant award of not less

20 than $500,000, under subsection (a) (adjusted in accord21 ance with subsection (b)), after making the grant awards,

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

23 Centers to pay for the Federal share of the cost of training

24 initiatives related to the unmet needs of individuals with
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1 developmental disabilities and their families, as described

2 in section 153(b).

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

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

5 grant award of not less than $500,000 under subsection

6 (a) (adjusted in accordance with subsection (b)), after

7 making the grant awards, the Secretary may make grants

8 under section 151(a) for activities described in section

9 153(a) to additional Centers, or additional grants to Cen10 ters, for States or populations that are unserved or under11 served by Centers due to such factors as—

12 (1) population;

13 (2) a high concentration of rural or urban

14 areas; or

15 (3) a high concentration of unserved or under16 served populations.

17 SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES.

18 (a) NATIONAL NETWORK OF UNIVERSITY CENTERS

19 FOR EXCELLENCE IN DEVELOPMENTAL DISABILITIES

20 EDUCATION, RESEARCH, AND SERVICE.—

21 (1) IN GENERAL.—In order to provide leader22 ship in, advise Federal, State, and community pol23 icymakers about, and promote opportunities for indi24 viduals with developmental disabilities to exercise

25 self-determination, be independent, be productive,
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1 and be integrated and included in all facets of com2 munity life, the Secretary shall award grants to eli3 gible entities designated as Centers in each State to

4 pay for the Federal share of the cost of the adminis5 tration and operation of the Centers. The Centers

6 shall be interdisciplinary education, research, and

7 public service units of universities (as defined by the

8 Secretary) or public or not-for-profit entities associ9 ated with universities that engage in core functions,

10 described in paragraph (2), addressing, directly or

11 indirectly, 1 or more of the areas of emphasis.

12 (2) CORE FUNCTIONS.—The core functions re13 ferred to in paragraph (1) shall include the fol14 lowing:

15 (A) Provision of interdisciplinary pre-serv16 ice preparation and continuing education of stu17 dents and fellows, which may include the prepa18 ration and continuing education of leadership,

19 direct service, clinical, or other personnel to

20 strengthen and increase the capacity of States

21 and communities to achieve the purpose of this

22 title.

23 (B) Provision of community services—

24 (i) that provide training or technical

25 assistance for individuals with develop-
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1 mental disabilities, their families, profes2 sionals, paraprofessionals, policymakers,

3 students, and other members of the com4 munity; and

5 (ii) that may provide services, sup6 ports, and assistance for the persons de7 scribed in clause (i) through demonstration

8 and model activities.

9 (C) Conduct of research, which may in10 clude basic or applied research, evaluation, and

11 the analysis of public policy in areas that affect

12 or could affect, either positively or negatively,

13 individuals with developmental disabilities and

14 their families.

15 (D) Dissemination of information related

16 to activities undertaken to address the purpose

17 of this title, especially dissemination of informa18 tion that demonstrates that the network author19 ized under this subtitle is a national and inter20 national resource that includes specific sub21 stantive areas of expertise that may be accessed

22 and applied in diverse settings and cir23 cumstances.

24 (b) NATIONAL TRAINING INITIATIVES ON CRITICAL

25 AND EMERGING NEEDS.—
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1 (1) SUPPLEMENTAL GRANTS.—After consulta2 tion with relevant, informed sources, including indi3 viduals with developmental disabilities and their

4 families, the Secretary shall award, under section

5 151(b), supplemental grants to Centers to pay for

6 the Federal share of the cost of training initiatives

7 related to the unmet needs of individuals with devel8 opmental disabilities and their families. The Sec9 retary shall make the grants on a competitive basis,

10 and for periods of not more than 5 years.

11 (2) ESTABLISHMENT OF CONSULTATION PROC12 ESS BY THE SECRETARY.—Not later than 1 year

13 after the date of enactment of this Act, the Sec14 retary shall establish a consultation process that, on

15 an ongoing basis, allows the Secretary to identify

16 and address, through supplemental grants author17 ized under paragraph (1), training initiatives related

18 to the unmet needs of individuals with developmental

19 disabilities and their families.

20 (c) TECHNICAL ASSISTANCE.—In order to strengthen

21 and support the national network of Centers, the Sec22 retary may enter into 1 or more cooperative agreements

23 or contracts to—

24 (1) assist in national and international dissemi25 nation of specific information from multiple Centers
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1 and, in appropriate cases, other entities whose work

2 affects the lives of individuals with developmental

3 disabilities;

4 (2) compile, analyze, and disseminate state-of5 the-art training, research, and demonstration results

6 policies, and practices from multiple Centers and, in

7 appropriate cases, other entities whose work affects

8 the lives of persons with developmental disabilities;

9 (3) convene experts from multiple Centers to

10 discuss and make recommendations with regard to

11 national emerging needs of individuals with develop12 mental disabilities;

13 (4)(A) develop portals that link users with every

14 Center’s website; and

15 (B) facilitate electronic information sharing

16 using state-of-the-art Internet technologies such as

17 real-time online discussions, multipoint video confer18 encing, and web-based audio/video broadcasts, on

19 emerging topics that impact individuals with disabil20 ities and their families;

21 (5) serve as a research-based resource for Fed22 eral and State policymakers on information con23 cerning and issues impacting individuals with devel24 opmental disabilities and entities that assist or serve

25 those individuals; or
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1 (6) undertake any other functions that the Sec2 retary determines to be appropriate;

3 to promote the viability and use of the resources and ex4 pertise of the Centers nationally and internationally.

5 SEC. 154. APPLICATIONS.

6 (a) APPLICATIONS FOR CORE CENTER GRANTS.—

7 (1) IN GENERAL.—To be eligible to receive a

8 grant under section 151(a) for a Center, an entity

9 shall submit to the Secretary, and obtain approval

10 of, an application at such time, in such manner, and

11 containing such information, as the Secretary may

12 require.

13 (2) APPLICATION CONTENTS.—Each application

14 described in paragraph (1) shall describe a 5-year

15 plan, including a projected goal related to 1 or more

16 areas of emphasis for each of the core functions de17 scribed in section 153(a).

18 (3) ASSURANCES.—The application shall be ap19 proved by the Secretary only if the application con20 tains or is supported by reasonable assurances that

21 the entity designated as the Center will—

22 (A) meet regulatory standards as estab23 lished by the Secretary for Centers;

24 (B) address the projected goals, and carry

25 out goal-related activities, based on data driven
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1 strategic planning and in a manner consistent

2 with the objectives of this subtitle, that—

3 (i) are developed in collaboration with

4 the consumer advisory committee estab5 lished pursuant to subparagraph (E);

6 (ii) are consistent with, and to the ex7 tent feasible complement and further, the

8 Council goals contained in the State plan

9 submitted under section 124 and the sys10 tem goals established under section 143;

11 and

12 (iii) will be reviewed and revised annu13 ally as necessary to address emerging

14 trends and needs;

15 (C) use the funds made available through

16 the grant to supplement, and not supplant, the

17 funds that would otherwise be made available

18 for activities described in section 153(a);

19 (D) protect, consistent with the policy

20 specified in section 101(c) (relating to rights of

21 individuals with developmental disabilities), the

22 legal and human rights of all individuals with

23 developmental disabilities (especially those indi24 viduals under State guardianship) who are in-
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1 volved in activities carried out under programs

2 assisted under this subtitle;

3 (E) establish a consumer advisory

4 committee—

5 (i) of which a majority of the mem6 bers shall be individuals with develop7 mental disabilities and family members of

8 such individuals;

9 (ii) that is comprised of—

10 (I) individuals with develop11 mental disabilities and related disabil12 ities;

13 (II) family members of individ14 uals with developmental disabilities;

15 (III) a representative of the State

16 protection and advocacy system;

17 (IV) a representative of the State

18 Council on Developmental Disabilities;

19 (V) a representative of a self-ad20 vocacy organization described in sec21 tion 124(c)(4)(A)(ii)(I); and

22 (VI) representatives of organiza23 tions that may include parent training

24 and information centers assisted

25 under section 682 or 683 of the Indi-
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1 viduals with Disabilities Education

2 Act (20 U.S.C. 1482, 1483), entities

3 carrying out activities authorized

4 under section 101 or 102 of the As5 sistive Technology Act of 1998 (29

6 U.S.C. 3011, 3012), relevant State

7 agencies, and other community groups

8 concerned with the welfare of individ9 uals with developmental disabilities

10 and their families;

11 (iii) that reflects the racial and ethnic

12 diversity of the State; and

13 (iv) that shall—

14 (I) consult with the Director of

15 the Center regarding the development

16 of the 5-year plan, and shall partici17 pate in an annual review of, and com18 ment on, the progress of the Center in

19 meeting the projected goals contained

20 in the plan, and shall make rec21 ommendations to the Director of the

22 Center regarding any proposed revi23 sions of the plan that might be nec24 essary; and
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1 (II) meet as often as necessary to

2 carry out the role of the committee,

3 but at a minimum twice during each

4 grant year;

5 (F) to the extent possible, utilize the infra6 structure and resources obtained through funds

7 made available under the grant to leverage ad8 ditional public and private funds to successfully

9 achieve the projected goals developed in the 5-

10 year plan;

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

12 academic credentials, demonstrated leadership,

13 expertise regarding developmental disabilities,

14 significant experience in managing grants and

15 contracts, and the ability to leverage public and

16 private funds; and

17 (ii) allocate adequate staff time to carry

18 out activities related to each of the core func19 tions described in section 153(a); and

20 (H) educate, and disseminate information

21 related to the purpose of this title to, the legis22 lature of the State in which the Center is lo23 cated, and to Members of Congress from such

24 State.
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1 (b) SUPPLEMENTAL GRANT APPLICATIONS PER2 TAINING TO NATIONAL TRAINING INITIATIVES IN CRIT3 ICAL AND EMERGING NEEDS.—To be eligible to receive

4 a supplemental grant under section 151(b), a Center may

5 submit a supplemental application to the Secretary at such

6 time, in such manner, and containing such information as

7 the Secretary may require, pursuant to the terms and con8 ditions set by the Secretary consistent with section 153(b).

9 (c) PEER REVIEW.—

10 (1) IN GENERAL.—The Secretary shall require

11 that all applications submitted under this subtitle be

12 subject to technical and qualitative review by peer

13 review groups established under paragraph (2). The

14 Secretary may approve an application under this

15 subtitle only if such application has been rec16 ommended by a peer review group that has con17 ducted the peer review required under this para18 graph. In conducting the review, the group may con19 duct onsite visits or inspections of related activities

20 as necessary.

21 (2) ESTABLISHMENT OF PEER REVIEW

22 GROUPS.—

23 (A) IN GENERAL.—The Secretary, acting

24 through the Commissioner of the Administra-
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1 tion on Developmental Disabilities, may,

2 notwithstanding—

3 (i) the provisions of title 5, United

4 States Code, concerning appointments to

5 the competitive service; and

6 (ii) the provisions of chapter 51, and

7 subchapter III of chapter 53 of title 5,

8 United States Code, concerning classifica9 tion and General Schedule pay rates;

10 establish such peer review groups and appoint

11 and set the rates of pay of members of such

12 groups.

13 (B) COMPOSITION.—Each peer review

14 group shall include such individuals with dis15 abilities and parents, guardians, or advocates of

16 or for individuals with developmental disabil17 ities, as are necessary to carry out this sub18 section.

19 (3) WAIVERS OF APPROVAL.—The Secretary

20 may waive the provisions of paragraph (1) with re21 spect to review and approval of an application if the

22 Secretary determines that exceptional circumstances

23 warrant such a waiver.

24 (d) FEDERAL SHARE.—
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1 (1) IN GENERAL.—The Federal share of the

2 cost of administration or operation of a Center, or

3 the cost of carrying out a training initiative, sup4 ported by a grant made under this subtitle may not

5 be more than 75 percent of the necessary cost of

6 such project, as determined by the Secretary.

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

8 case of a project whose activities or products target

9 individuals with developmental disabilities who live

10 in an urban or rural poverty area, as determined by

11 the Secretary, the Federal share of the cost of the

12 project may not be more than 90 percent of the nec13 essary costs of the project, as determined by the

14 Secretary.

15 (3) GRANT EXPENDITURES.—For the purpose

16 of determining the Federal share with respect to the

17 project, expenditures on that project by a political

18 subdivision of a State or by a public or private entity

19 shall, subject to such limitations and conditions as

20 the Secretary may by regulation prescribe under sec21 tion 104(b), be considered to be expenditures made

22 by a Center under this subtitle.

23 (e) ANNUAL REPORT.—Each Center shall annually

24 prepare and transmit to the Secretary a report

25 containing—
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1 (1) information on progress made in achieving

2 the projected goals of the Center for the previous

3 year, including—

4 (A) the extent to which the goals were

5 achieved;

6 (B) a description of the strategies that

7 contributed to achieving the goals;

8 (C) to the extent to which the goals were

9 not achieved, a description of factors that im10 peded the achievement; and

11 (D) an accounting of the manner in which

12 funds paid to the Center under this subtitle for

13 a fiscal year were expended;

14 (2) information on proposed revisions to the

15 goals; and

16 (3) a description of successful efforts to lever17 age funds, other than funds made available under

18 this subtitle, to pursue goals consistent with this

19 subtitle.

20 SEC. 155. DEFINITION.

21 In this subtitle, the term ‘‘State’’ means each of the

22 several States of the United States, the District of Colum23 bia, the Commonwealth of Puerto Rico, the United States

24 Virgin Islands, and Guam.
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1 SEC. 156. AUTHORIZATION OF APPROPRIATIONS.

2 (a) AUTHORIZATION AND RESERVATIONS.—

3 (1) AUTHORIZATION.—There are authorized to

4 be appropriated to carry out this subtitle (other than

5 section 153(c)(4)) $30,000,000 for fiscal year 2000

6 and such sums as may be necessary for each of fis7 cal years 2001 through 2006.

8 (2) RESERVATION FOR TRAINING INITIA9 TIVES.—From any amount appropriated for a fiscal

10 year under paragraph (1) and remaining after each

11 Center described in section 152(a) has received a

12 grant award of not less than $500,000, as described

13 in section 152, the Secretary shall reserve funds for

14 the training initiatives authorized under section

15 153(b).

16 (3) RESERVATION FOR TECHNICAL ASSIST17 ANCE.—

18 (A) YEARS BEFORE APPROPRIATION TRIG19 GER.—For any covered year, the Secretary

20 shall reserve funds in accordance with section

21 163(c) to fund technical assistance activities

22 under section 153(c) (other than section

23 153(c)(4)).

24 (B) YEARS AFTER APPROPRIATION TRIG25 GER.—For any fiscal year that is not a covered

26 year, the Secretary shall reserve not less than
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1 $300,000 and not more than 2 percent of the

2 amount appropriated under paragraph (1) to

3 fund technical assistance activities under sec4 tion 153(c) (other than section 153(c)(4)).

5 (C) COVERED YEAR.—In this paragraph,

6 the term ‘‘covered year’’ means a fiscal year

7 prior to the first fiscal year for which the

8 amount appropriated under paragraph (1) is

9 not less than $20,000,000.

10 (b) LIMITATION.—The Secretary may not use, for

11 peer review or other activities directly related to peer re12 view conducted under this subtitle—

13 (1) for fiscal year 2000, more than $300,000 of

14 the funds made available under subsection (a); and

15 (2) for any succeeding fiscal year, more than

16 the amount of funds used for the peer review and

17 related activities in fiscal year 2000, adjusted to

18 take into account the most recent percentage change

19 in the Consumer Price Index published by the Sec20 retary of Labor under section 100(c)(1) of the Reha21 bilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the

22 percentage change indicates an increase).
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1 Subtitle E—Projects of National

2 Significance

3 SEC. 161. PURPOSE.

4 The purpose of this subtitle is to provide grants, con5 tracts, or cooperative agreements for projects of national

6 significance that—

7 (1) create opportunities for individuals with de8 velopmental disabilities to directly and fully con9 tribute to, and participate in, all facets of commu10 nity life; and

11 (2) support the development of national and

12 State policies that reinforce and promote, with the

13 support of families, guardians, advocates, and com14 munities, of individuals with developmental disabil15 ities, the self-determination, independence, produc16 tivity, and integration and inclusion in all facets of

17 community life of such individuals through—

18 (A) family support activities;

19 (B) data collection and analysis;

20 (C) technical assistance to entities funded

21 under subtitles B and D, subject to the limita22 tions described in sections 129(b), 156(a)(3),

23 and 163(c); and
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1 (D) other projects of sufficient size and

2 scope that hold promise to expand or improve

3 opportunities for such individuals, including—

4 (i) projects that provide technical as5 sistance for the development of information

6 and referral systems;

7 (ii) projects that provide technical as8 sistance to self-advocacy organizations of

9 individuals with developmental disabilities;

10 (iii) projects that provide education

11 for policymakers;

12 (iv) Federal interagency initiatives;

13 (v) projects that enhance the partici14 pation of racial and ethnic minorities in

15 public and private sector initiatives in de16 velopmental disabilities;

17 (vi) projects that provide aid to tran18 sition youth with developmental disabilities

19 from school to adult life, especially in find20 ing employment and postsecondary edu21 cation opportunities and in upgrading and

22 changing any assistive technology devices

23 that may be needed as a youth matures;

24 (vii) initiatives that address the devel25 opment of community quality assurance
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1 systems and the training related to the de2 velopment, implementation, and evaluation

3 of such systems, including training of indi4 viduals with developmental disabilities and

5 their families;

6 (viii) initiatives that address the needs

7 of aging individuals with developmental

8 disabilities and aging caregivers of adults

9 with developmental disabilities in the com10 munity;

11 (ix) initiatives that create greater ac12 cess to and use of generic services systems,

13 community organizations, and associations,

14 and initiatives that assist in community

15 economic development;

16 (x) initiatives that create access to in17 creased living options;

18 (xi) initiatives that address the chal19 lenging behaviors of individuals with devel20 opmental disabilities, including initiatives

21 that promote positive alternatives to the

22 use of restraints and seclusion; and

23 (xii) initiatives that address other

24 areas of emerging need.
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1 SEC. 162. GRANT AUTHORITY.

2 (a) IN GENERAL.—The Secretary shall award grants,

3 contracts, or cooperative agreements to public or private

4 nonprofit entities for projects of national significance re5 lating to individuals with developmental disabilities to

6 carry out activities described in section 161(2).

7 (b) FEDERAL INTERAGENCY INITIATIVES.—

8 (1) IN GENERAL.—

9 (A) AUTHORITY.—The Secretary may—

10 (i) enter into agreements with Federal

11 agencies to jointly carry out activities de12 scribed in section 161(2) or to jointly carry

13 out activities of common interest related to

14 the objectives of such section; and

15 (ii) transfer to such agencies for such

16 purposes funds appropriated under this

17 subtitle, and receive and use funds from

18 such agencies for such purposes.

19 (B) RELATION TO PROGRAM PURPOSES.—

20 Funds transferred or received pursuant to this

21 paragraph shall be used only in accordance with

22 statutes authorizing the appropriation of such

23 funds. Such funds shall be made available

24 through grants, contracts, or cooperative agree25 ments only to recipients eligible to receive such

26 funds under such statutes.
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1 (C) PROCEDURES AND CRITERIA.—If the

2 Secretary enters into an agreement under this

3 subsection for the administration of a jointly

4 funded project—

5 (i) the agreement shall specify which

6 agency’s procedures shall be used to award

7 grants, contracts, or cooperative agree8 ments and to administer such awards;

9 (ii) the participating agencies may de10 velop a single set of criteria for the jointly

11 funded project, and may require applicants

12 to submit a single application for joint re13 view by such agencies; and

14 (iii) unless the heads of the partici15 pating agencies develop joint eligibility re16 quirements, an applicant for an award for

17 the project shall meet the eligibility re18 quirements of each program involved.

19 (2) LIMITATION.—The Secretary may not con20 strue the provisions of this subsection to take prece21 dence over a limitation on joint funding contained in

22 an applicable statute.

23 SEC. 163. AUTHORIZATION OF APPROPRIATIONS.

24 (a) IN GENERAL.—There are authorized to be appro25 priated to carry out the projects specified in this section
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1 $16,000,000 for fiscal year 2000, and such sums as may

2 be necessary for fiscal years 2001 through 2006.

3 (b) USE OF FUNDS.—

4 (1) GRANTS, CONTRACTS, AND AGREEMENTS.—

5 Except as provided in paragraph (2), the amount

6 appropriated under subsection (a) for each fiscal

7 year shall be used to award grants, or enter into

8 contracts, cooperative agreements, or other agree9 ments, under section 162.

10 (2) ADMINISTRATIVE COSTS.—Not more than 1

11 percent of the amount appropriated under sub12 section (a) for each fiscal year may be used to pro13 vide for the administrative costs (other than com14 pensation of Federal employees) of the Administra15 tion on Developmental Disabilities for administering

16 this subtitle and subtitles B, C, and D, including

17 monitoring the performance of and providing tech18 nical assistance to, entities that receive funds under

19 this title.

20 (c) TECHNICAL ASSISTANCE FOR COUNCILS AND

21 CENTERS.—

22 (1) IN GENERAL.—For each covered year, the

23 Secretary shall expend, to provide technical assist24 ance for entities funded under subtitle B or D, an

25 amount from funds appropriated under subsection
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1 (a) that is not less than the amount the Secretary

2 expended on technical assistance for entities funded

3 under that subtitle (or a corresponding provision) in

4 the previous fiscal year.

5 (2) COVERED YEAR.—In this subsection, the

6 term ‘‘covered year’’ means—

7 (A) in the case of an expenditure for enti8 ties funded under subtitle B, a fiscal year for

9 which the amount appropriated under section

10 129(a) is less than $76,000,000; and

11 (B) in the case of an expenditure for enti12 ties funded under subtitle D, a fiscal year prior

13 to the first fiscal year for which the amount ap14 propriated under section 156(a)(1) is not less

15 than $20,000,000.

16 (3) REFERENCES.—References in this sub17 section to subtitle D shall not be considered to in18 clude section 153(c)(4).

19 (d) TECHNICAL ASSISTANCE ON ELECTRONIC INFOR20 MATION SHARING.—In addition to any funds reserved

21 under subsection (c), the Secretary shall reserve $100,000

22 from the amount appropriated under subsection (a) for

23 each fiscal year to carry out section 153(c)(4).

24 (e) LIMITATION.—For any fiscal year for which the

25 amount appropriated under subsection (a) is not less than
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1 $10,000,000, not more than 50 percent of such amount

2 shall be used for activities carried out under section

3 161(2)(A).

4 TITLE II—FAMILY SUPPORT

5 SEC. 201. SHORT TITLE.

6 This title may be cited as the ‘‘Families of Children

7 With Disabilities Support Act of 1999’’.

8 SEC. 202. FINDINGS, PURPOSES, AND POLICY.

9 (a) FINDINGS.—Congress makes the following find10 ings:

11 (1) It is in the best interest of our Nation to

12 preserve, strengthen, and maintain the family.

13 (2) Families of children with disabilities provide

14 support, care, and training to their children that can

15 save States millions of dollars. Without the efforts of

16 family caregivers, many persons with disabilities

17 would receive care through State-supported out-of18 home placements.

19 (3) Most families of children with disabilities,

20 especially families in unserved and underserved pop21 ulations, do not have access to family-centered and

22 family-directed services to support such families in

23 their efforts to care for such children at home.

24 (4) Medical advances and improved health care

25 have increased the life span of many people with dis-
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1 abilities, and the combination of the longer life

2 spans and the aging of family caregivers places a

3 continually increasing demand on the finite service

4 delivery systems of the States.

5 (5) In 1996, 49 States provided family support

6 initiatives in response to the needs of families of

7 children with disabilities. Such initiatives included

8 the provision of cash subsidies, respite care, and

9 other forms of support. There is a need in each

10 State, however, to strengthen, expand, and coordi11 nate the activities of a system of family support

12 services for families of children with disabilities that

13 is easily accessible, avoids duplication, uses resources

14 efficiently, and prevents gaps in services to families

15 in all areas of the State.

16 (6) The goals of the Nation properly include the

17 goal of providing to families of children with disabil18 ities the family support services necessary—

19 (A) to support the family;

20 (B) to enable families of children with dis21 abilities to nurture and enjoy their children at

22 home;

23 (C) to enable families of children with dis24 abilities to make informed choices and decisions

25 regarding the nature of supports, resources,
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1 services, and other assistance made available to

2 such families; and

3 (D) to support family caregivers of adults

4 with disabilities.

5 (b) PURPOSES.—The purposes of this title are—

6 (1) to promote and strengthen the implementa7 tion of comprehensive State systems of family sup8 port services, for families with children with disabil9 ities, that are family-centered and family-directed,

10 and that provide families with the greatest possible

11 decisionmaking authority and control regarding the

12 nature and use of services and support;

13 (2) to promote leadership by families in plan14 ning, policy development, implementation, and eval15 uation of family support services for families of chil16 dren with disabilities;

17 (3) to promote and develop interagency coordi18 nation and collaboration between agencies respon19 sible for providing the services; and

20 (4) to increase the availability of, funding for,

21 access to, and provision of family support services

22 for families of children with disabilities.

23 (c) POLICY.—It is the policy of the United States

24 that all programs, projects, and activities funded under

25 this title shall be family-centered and family-directed, and
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1 shall be provided in a manner consistent with the goal of

2 providing families of children with disabilities with the

3 support the families need to raise their children at home.

4 SEC. 203. DEFINITIONS AND SPECIAL RULE.

5 (a) DEFINITIONS.—In this title:

6 (1) CHILD WITH A DISABILITY.—The term

7 ‘‘child with a disability’’ means an individual who—

8 (A) has a significant physical or mental

9 impairment, as defined pursuant to State policy

10 to the extent that such policy is established

11 without regard to type of disability; or

12 (B) is an infant or a young child from

13 birth through age 8 and has a substantial de14 velopmental delay or specific congenital or ac15 quired condition that presents a high prob16 ability of resulting in a disability if services are

17 not provided to the infant or child.

18 (2) FAMILY.—

19 (A) IN GENERAL.—Subject to subpara20 graph (B), for purposes of the application of

21 this title in a State, the term ‘‘family’’ has the

22 meaning given the term by the State.

23 (B) EXCLUSION OF EMPLOYEES.—The

24 term does not include an employee who, acting

25 in a paid employment capacity, provides serv-
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1 ices to a child with a disability in an out-of2 home setting such as a hospital, nursing home,

3 personal care home, board and care home,

4 group home, or other facility.

5 (3) FAMILY SUPPORT FOR FAMILIES OF CHIL6 DREN WITH DISABILITIES.—The term ‘‘family sup7 port for families of children with disabilities’’ means

8 supports, resources, services, and other assistance

9 provided to families of children with disabilities pur10 suant to State policy that are designed to—

11 (A) support families in the efforts of such

12 families to raise their children with disabilities

13 in the home;

14 (B) strengthen the role of the family as

15 primary caregiver for such children;

16 (C) prevent involuntary out-of-the-home

17 placement of such children and maintain family

18 unity; and

19 (D) reunite families with children with dis20 abilities who have been placed out of the home,

21 whenever possible.

22 (4) STATE.—The term ‘‘State’’ means each of

23 the 50 States of the United States, the District of

24 Columbia, the Commonwealth of Puerto Rico, the

25 United States Virgin Islands, Guam, American
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1 Samoa, and the Commonwealth of the Northern

2 Mariana Islands.

3 (5) SYSTEMS CHANGE ACTIVITIES.—The term

4 ‘‘systems change activities’’ means efforts that result

5 in laws, regulations, policies, practices, or organiza6 tional structures—

7 (A) that are family-centered and family-di8 rected;

9 (B) that facilitate and increase access to,

10 provision of, and funding for, family support

11 services for families of children with disabilities;

12 and

13 (C) that otherwise accomplish the purposes

14 of this title.

15 (b) SPECIAL RULE.—References in this title to a

16 child with a disability shall be considered to include ref17 erences to an individual who is not younger than age 18

18 who—

19 (1) has a significant impairment described in

20 subsection (a)(1)(A); and

21 (2) is residing with and receiving assistance

22 from a family member.

23 SEC. 204. GRANTS TO STATES.

24 (a) IN GENERAL.—The Secretary shall make grants

25 to States on a competitive basis, in accordance with the
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1 provisions of this title, to support systems change activi2 ties designed to assist States to develop and implement,

3 or expand and enhance, a statewide system of family sup4 port services for families of children with disabilities that

5 accomplishes the purposes of this title.

6 (b) AWARD PERIOD AND GRANT LIMITATION.—No

7 grant shall be awarded under this section for a period of

8 more than 3 years. No State shall be eligible for more

9 than 1 grant under this section.

10 (c) AMOUNT OF GRANTS.—

11 (1) GRANTS TO STATES.—

12 (A) FEDERAL MATCHING SHARE.—From

13 amounts appropriated under section 212(a), the

14 Secretary shall pay to each State that has an

15 application approved under section 205, for

16 each year of the grant period, an amount that

17 is—

18 (i) not more than equal to 75 percent

19 of the cost of the systems change activities

20 to be carried out by the State; and

21 (ii) not less than $100,000 and not

22 more than $500,000.

23 (B) NON-FEDERAL SHARE.—The non-Fed24 eral share of the cost of the systems change ac-
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1 tivities may be in cash or in kind, fairly evalu2 ated, including plant, equipment, or services.

3 (2) CALCULATION OF AMOUNTS.—The Sec4 retary shall calculate a grant amount described in

5 paragraph (1) on the basis of the following:

6 (A) The amounts available for making

7 grants under this section.

8 (B) The child population of the State con9 cerned.

10 (d) PRIORITY FOR PREVIOUSLY PARTICIPATING

11 STATES.—For the second and third fiscal years for which

12 amounts are appropriated to carry out this section, the

13 Secretary, in making grants under this section, shall give

14 priority to States that received grants under this section

15 during the preceding fiscal year.

16 (e) PRIORITIES FOR DISTRIBUTION.—To the extent

17 practicable, the Secretary shall award grants to States

18 under this section in a manner that—

19 (1) is geographically equitable;

20 (2) distributes the grants among States that

21 have differing levels of development of statewide sys22 tems of family support services for families of chil23 dren with disabilities; and

24 (3) distributes the grants among States that at25 tempt to meet the needs of unserved and under-
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1 served populations, such as individuals from racial

2 and ethnic minority backgrounds, disadvantaged in3 dividuals, individuals with limited English pro4 ficiency, and individuals from underserved geo5 graphic areas (rural or urban).

6 SEC. 205. APPLICATION.

7 To be eligible to receive a grant under this title, a

8 State shall submit an application to the Secretary at such

9 time, in such manner, and containing such information

10 and assurances as the Secretary may require, including

11 information about the designation of a lead entity, a de12 scription of available State resources, and assurances that

13 systems change activities will be family-centered and fam14 ily-directed.

15 SEC. 206. DESIGNATION OF THE LEAD ENTITY.

16 (a) DESIGNATION.—The Chief Executive Officer of

17 a State that desires to receive a grant under section 204,

18 shall designate the office or entity (referred to in this title

19 as the ‘‘lead entity’’) responsible for—

20 (1) submitting the application described in sec21 tion 205 on behalf of the State;

22 (2) administering and supervising the use of the

23 amounts made available under the grant;

24 (3) coordinating efforts related to and super25 vising the preparation of the application;
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1 (4) coordinating the planning, development, im2 plementation (or expansion and enhancement), and

3 evaluation of a statewide system of family support

4 services for families of children with disabilities

5 among public agencies and between public agencies

6 and private agencies, including coordinating efforts

7 related to entering into interagency agreements;

8 (5) coordinating efforts related to the participa9 tion by families of children with disabilities in activi10 ties carried out under a grant made under this title;

11 and

12 (6) submitting the report described in section

13 208 on behalf of the State.

14 (b) QUALIFICATIONS.—In designating the lead entity,

15 the Chief Executive Officer may designate—

16 (1) an office of the Chief Executive Officer;

17 (2) a commission appointed by the Chief Execu18 tive Officer;

19 (3) a public agency;

20 (4) a council established under Federal or State

21 law; or

22 (5) another appropriate office, agency, or enti23 ty.
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1 SEC. 207. AUTHORIZED ACTIVITIES.

2 (a) IN GENERAL.—A State that receives a grant

3 under section 204 shall use the funds made available

4 through the grant to carry out systems change activities

5 that accomplish the purposes of this title.

6 (b) SPECIAL RULE.—In carrying out activities au7 thorized under this title, a State shall ensure that such

8 activities address the needs of families of children with dis9 abilities from unserved or underserved populations.

10 SEC. 208. REPORTING.

11 A State that receives a grant under this title shall

12 prepare and submit to the Secretary, at the end of the

13 grant period, a report containing the results of State ef14 forts to develop and implement, or expand and enhance,

15 a statewide system of family support services for families

16 of children with disabilities.

17 SEC. 209. TECHNICAL ASSISTANCE.

18 (a) IN GENERAL.—The Secretary shall enter into

19 contracts or cooperative agreements with appropriate pub20 lic or private agencies and organizations, including institu21 tions of higher education, with documented experience, ex22 pertise, and capacity, for the purpose of providing tech23 nical assistance and information with respect to the devel24 opment and implementation, or expansion and enhance25 ment, of a statewide system of family support services for

26 families of children with disabilities.
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1 (b) PURPOSE.—An agency or organization that pro2 vides technical assistance and information under this sec3 tion in a State that receives a grant under this title shall

4 provide the technical assistance and information to the

5 lead entity of the State, family members of children with

6 disabilities, organizations, service providers, and policy7 makers involved with children with disabilities and their

8 families. Such an agency or organization may also provide

9 technical assistance and information to a State that does

10 not receive a grant under this title.

11 (c) REPORTS TO THE SECRETARY.—An entity pro12 viding technical assistance and information under this sec13 tion shall prepare and submit to the Secretary periodic

14 reports regarding Federal policies and procedures identi15 fied within the States that facilitate or impede the delivery

16 of family support services to families of children with dis17 abilities. The report shall include recommendations to the

18 Secretary regarding the delivery of services, coordination

19 with other programs, and integration of the policies de20 scribed in section 202 in Federal law, other than this title.

21 SEC. 210. EVALUATION.

22 (a) IN GENERAL.—The Secretary shall conduct a na23 tional evaluation of the program of grants to States au24 thorized by this title.

25 (b) PURPOSE.—
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1 (1) IN GENERAL.—The Secretary shall conduct

2 the evaluation under subsection (a) to assess the sta3 tus and effects of State efforts to develop and imple4 ment, or expand and enhance, statewide systems of

5 family support services for families of children with

6 disabilities in a manner consistent with the provi7 sions of this title. In particular, the Secretary shall

8 assess the impact of such efforts on families of chil9 dren with disabilities, and recommend amendments

10 to this title that are necessary to assist States to ac11 complish fully the purposes of this title.

12 (2) INFORMATION SYSTEMS.—The Secretary

13 shall work with the States to develop an information

14 system designed to compile and report, from infor15 mation provided by the States, qualitative and quan16 titative descriptions of the impact of the program of

17 grants to States authorized by this title on—

18 (A) families of children with disabilities,

19 including families from unserved and under20 served populations;

21 (B) access to and funding for family sup22 port services for families of children with dis23 abilities;
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1 (C) interagency coordination and collabora2 tion between agencies responsible for providing

3 the services; and

4 (D) the involvement of families of children

5 with disabilities at all levels of the statewide

6 systems.

(c) REPORT TO CONGRESS.—Not later than 21 7 ⁄2

8 years after the date of enactment of this Act, the Sec9 retary shall prepare and submit to the appropriate com10 mittees of Congress a report concerning the results of the

11 evaluation conducted under this section.

12 SEC. 211. PROJECTS OF NATIONAL SIGNIFICANCE.

13 (a) STUDY BY THE SECRETARY.—The Secretary

14 shall review Federal programs to determine the extent to

15 which such programs facilitate or impede access to, provi16 sion of, and funding for family support services for fami17 lies of children with disabilities, consistent with the poli18 cies described in section 202.

19 (b) PROJECTS OF NATIONAL SIGNIFICANCE.—The

20 Secretary shall make grants or enter into contracts for

21 projects of national significance to support the develop22 ment of national and State policies and practices related

23 to the development and implementation, or expansion and

24 enhancement, of family-centered and family-directed sys-
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1 tems of family support services for families of children

2 with disabilities.

3 SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

4 (a) IN GENERAL.—There are authorized to be appro5 priated to carry out this title such sums as may be nec6 essary for each of fiscal years 2000 through 2006.

7 (b) RESERVATION.—

8 (1) IN GENERAL.—The Secretary shall reserve

9 for each fiscal year 10 percent, or $400,000 (which10 ever is greater), of the amount appropriated pursu11 ant to subsection (a) to carry out—

12 (A) section 209 (relating to the provision

13 of technical assistance and information to

14 States); and

15 (B) section 210 (relating to the conduct of

16 evaluations).

17 (2) SPECIAL RULE.—For each year that the

18 amount appropriated pursuant to subsection (a) is

19 $10,000,000 or greater, the Secretary may reserve 5

20 percent of such amount to carry out section 211.
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1 TITLE III—PROGRAM FOR DI2 RECT SUPPORT WORKERS

3 WHO ASSIST INDIVIDUALS

4 WITH DEVELOPMENTAL DIS5 ABILITIES

6 SEC. 301. FINDINGS.

7 Congress finds that—

8 (1) direct support workers, especially young

9 adults, have played essential roles in providing the

10 support needed by individuals with developmental

11 disabilities and expanding community options for

12 those individuals;

13 (2) 4 factors have contributed to a decrease in

14 the available pool of direct support workers,

15 specifically—

16 (A) the small population of individuals who

17 are age 18 through 25, an age group that has

18 been attracted to direct support work in the

19 past;

20 (B) the rapid expansion of the service sec21 tor, which attracts individuals who previously

22 would have elected to pursue employment as di23 rect support workers;
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1 (C) the failure of wages in the human serv2 ices sector to keep pace with wages in other

3 service sectors; and

4 (D) the lack of quality training and career

5 advancement opportunities available to direct

6 support workers; and

7 (3) individuals with developmental disabilities

8 benefit from assistance from direct support workers

9 who are well trained, and benefit from receiving

10 services from professionals who have spent time as

11 direct support workers.

12 SEC. 302. DEFINITIONS.

13 In this title:

14 (1) DEVELOPMENTAL DISABILITY.—The term

15 ‘‘developmental disability’’ has the meaning given

16 the term in section 102.

17 (2) INSTITUTION OF HIGHER EDUCATION.—The

18 term ‘‘institution of higher education’’ has the

19 meaning given the term in section 1201 of the High20 er Education Act of 1965 (20 U.S.C. 1141).

21 (3) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of Health and Human Services.

23 SEC. 303. REACHING UP SCHOLARSHIP PROGRAM.

24 (a) PROGRAM AUTHORIZATION.—The Secretary may

25 award grants to eligible entities, on a competitive basis,
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1 to enable the entities to carry out scholarship programs

2 by providing vouchers for postsecondary education to di3 rect support workers who assist individuals with develop4 mental disabilities residing in diverse settings. The Sec5 retary shall award the grants to pay for the Federal share

6 of the cost of providing the vouchers.

7 (b) ELIGIBLE ENTITY.—To be eligible to receive a

8 grant under this section, an entity shall be—

9 (1) an institution of higher education;

10 (2) a State agency; or

11 (3) a consortium of such institutions or agen12 cies.

13 (c) APPLICATION REQUIREMENTS.—To be eligible to

14 receive a grant under this section, an eligible entity shall

15 submit to the Secretary an application at such time, in

16 such manner, and containing such information as the Sec17 retary may require, including a description of—

18 (1) the basis for awarding the vouchers;

19 (2) the number of individuals to receive the

20 vouchers; and

21 (3) the amount of funds that will be made

22 available by the eligible entity to pay for the non23 Federal share of the cost of providing the vouchers.

24 (d) SELECTION CRITERIA.—In awarding a grant

25 under this section for a scholarship program, the Sec-
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1 retary shall give priority to an entity submitting an appli2 cation that—

3 (1) specifies that each individual who receives a

4 voucher through the program will be an individual

5 who—

6 (A) is a direct support worker who assists

7 individuals with developmental disabilities resid8 ing in diverse settings, while pursuing postsec9 ondary education; and

10 (B) verifies, prior to receiving the voucher,

11 that the worker has completed 250 hours as a

12 direct support worker in the past 90 days;

13 (2) states that the vouchers that will be pro14 vided through the program will be in amounts of not

15 more than $2,000 per year;

16 (3) provides an assurance that the eligible enti17 ty (or another specified entity that is not a voucher

18 recipient) will contribute the non-Federal share of

19 the cost of providing the vouchers; and

20 (4) meets such other conditions as the Sec21 retary may specify.

22 (e) FEDERAL SHARE.—The Federal share of the cost

23 of providing the vouchers shall be not more than 80 per24 cent.
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1 SEC. 304. STAFF DEVELOPMENT CURRICULUM AUTHORIZA2 TION.

3 (a) FUNDING.—

4 (1) IN GENERAL.—The Secretary shall award

5 funding, on a competitive basis, through a grant, co6 operative agreement, or contract, to a public or pri7 vate entity or a combination of such entities, for the

8 development, evaluation, and dissemination of a staff

9 development curriculum, and related guidelines, for

10 computer-assisted, competency-based, multimedia,

11 interactive instruction, relating to service as a direct

12 support worker.

13 (2) PARTICIPANTS.—The curriculum shall be

14 provided to individuals who—

15 (A) seek to become direct support workers

16 who assist individuals with developmental dis17 abilities or are such direct support workers; and

18 (B) seek to upgrade their skills and com19 petencies related to being a direct support

20 worker.

21 (b) APPLICATION REQUIREMENTS.—To be eligible to

22 receive an award under this section, an entity shall submit

23 to the Secretary an application at such time, in such man24 ner, and containing such information as the Secretary may

25 require, including—
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1 (1) a comprehensive analysis of the content of

2 direct support roles;

3 (2) information identifying an advisory group

4 that—

5 (A) is comprised of individuals with experi6 ence and expertise with regard to the support

7 provided by direct support workers, and effec8 tive ways to provide the support, for individuals

9 with developmental disabilities in diverse set10 tings; and

11 (B) will advise the entity throughout the

12 development, evaluation, and dissemination of

13 the staff development curriculum and guide14 lines;

15 (3) information describing how the entity will—

16 (A) develop, field test, and validate a staff

17 development curriculum that—

18 (i) relates to the appropriate reading

19 level for direct service workers who assist

20 individuals with disabilities;

21 (ii) allows for multiple levels of in22 struction;

23 (iii) provides instruction appropriate

24 for direct support workers who work in di25 verse settings; and
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1 (iv) is consistent with subsections (b)

2 and (c) of section 101 and section 109;

3 (B) develop, field test, and validate guide4 lines for the organizations that use the cur5 riculum that provide for—

6 (i) providing necessary technical and

7 instructional support to trainers and men8 tors for the participants;

9 (ii) ensuring easy access to and use of

10 such curriculum by workers that choose to

11 participate in using, and agencies that

12 choose to use, the curriculum;

13 (iii) evaluating the proficiency of the

14 participants with respect to the content of

15 the curriculum;

16 (iv) providing necessary support to the

17 participants to assure that the participants

18 have access to, and proficiency in using, a

19 computer in order to participate in the de20 velopment, testing, and validation process;

21 (v) providing necessary technical and

22 instructional support to trainers and men23 tors for the participants in conjunction

24 with the development, testing, and valida25 tion process;
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1 (vi) addressing the satisfaction of par2 ticipants, individuals with developmental

3 disabilities and their families, providers of

4 services for such individuals and families,

5 and other relevant entities with the cur6 riculum; and

7 (vii) developing methods to maintain a

8 record of the instruction completed, and

9 the content mastered, by each participant

10 under the curriculum; and

11 (C) nationally disseminate the curriculum

12 and guidelines, including dissemination

13 through—

14 (i) parent training and information

15 centers funded under part D of the Indi16 viduals with Disabilities Education Act (20

17 U.S.C. 1451 et seq.);

18 (ii) community-based organizations of

19 and for individuals with developmental dis20 abilities and their families;

21 (iii) entities funded under title I;

22 (iv) centers for independent living;

23 (v) State educational agencies and

24 local educational agencies;
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1 (vi) entities operating appropriate

2 medical facilities;

3 (vii) postsecondary education entities;

4 and

5 (viii) other appropriate entities; and

6 (4) such other information as the Secretary

7 may require.

8 SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

9 (a) SCHOLARSHIPS.—There are authorized to be ap10 propriated to carry out section 303 $800,000 for fiscal

11 year 2000 and such sums as may be necessary for fiscal

12 years 2001 through 2006.

13 (b) STAFF DEVELOPMENT CURRICULUM.—There are

14 authorized to be appropriated to carry out section 304

15 $800,000 for fiscal year 2000 and such sums as may be

16 necessary for each of fiscal years 2001 and 2002.

17 TITLE IV—REPEAL

18 SEC. 401. REPEAL.

19 The Developmental Disabilities Assistance and Bill of

20 Rights Act (42 U.S.C. 6000 et seq.) is repealed.

21 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

22 (a) SHORT TITLE.—This Act may be cited as the ‘‘De23 velopmental Disabilities Assistance and Bill of Rights Act

24 of 1999’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of this

2 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.
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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.

1 TITLE I—PROGRAMS FOR INDI2 VIDUALS WITH DEVELOP3 MENTAL DISABILITIES

4 Subtitle A—General Provisions

5 SEC. 101. FINDINGS, PURPOSES, AND POLICY.

6 (a) FINDINGS.—Congress finds that—

7 (1) disability is a natural part of the human ex8 perience that does not diminish the right of individ9 uals with developmental disabilities to live independ10 ently, to exert control and choice over their own lives,

11 and to fully participate in and contribute to their

12 communities through full integration and inclusion
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1 in the economic, political, social, cultural, and edu2 cational mainstream of United States society;

3 (2) in 1999, there are between 3,200,000 and

4 4,500,000 individuals with developmental disabilities

5 in the United States, and recent studies indicate that

6 individuals with developmental disabilities comprise

7 between 1.2 and 1.65 percent of the United States

8 population;

9 (3) individuals whose disabilities occur during

10 their developmental period frequently have severe dis11 abilities that are likely to continue indefinitely;

12 (4) individuals with developmental disabilities

13 often encounter discrimination in the provision of

14 critical services, such as services in the areas of em15 phasis (as defined in section 102);

16 (5) individuals with developmental disabilities

17 are at greater risk than the general population of

18 abuse, neglect, financial and sexual exploitation, and

19 the violation of their legal and human rights;

20 (6) a substantial portion of individuals with de21 velopmental disabilities and their families do not

22 have access to appropriate support and services, in23 cluding access to assistive technology, from generic

24 and specialized service systems, and remain unserved

25 or underserved;
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1 (7) individuals with developmental disabilities

2 often require lifelong community services, individual3 ized supports, and other forms of assistance, that are

4 most effective when provided in a coordinated man5 ner;

6 (8) there is a need to ensure that services, sup7 ports, and other assistance are provided in a cul8 turally competent manner, that ensures that individ9 uals from racial and ethnic minority backgrounds are

10 fully included in all activities provided under this

11 title;

12 (9) family members, friends, and members of the

13 community can play an important role in enhancing

14 the lives of individuals with developmental disabil15 ities, especially when the family members, friends,

16 and community members are provided with the nec17 essary community services, individualized supports,

18 and other forms of assistance;

19 (10) current research indicates that 88 percent of

20 individuals with developmental disabilities live with

21 their families or in their own households;

22 (11) many service delivery systems and commu23 nities are not prepared to meet the impending needs

24 of the 479,862 adults with developmental disabilities

25 who are living at home with parents who are 60
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1 years old or older and who serve as the primary care2 givers of the adults;

3 (12) in almost every State, individuals with de4 velopmental disabilities are waiting for appropriate

5 services in their communities, in the areas of empha6 sis;

7 (13) the public needs to be made more aware of

8 the capabilities and competencies of individuals with

9 developmental disabilities, particularly in cases in

10 which the individuals are provided with necessary

11 services, supports, and other assistance;

12 (14) as increasing numbers of individuals with

13 developmental disabilities are living, learning, work14 ing, and participating in all aspects of community

15 life, there is an increasing need for a well trained

16 workforce that is able to provide the services, sup17 ports, and other forms of direct assistance required to

18 enable the individuals to carry out those activities;

19 (15) there needs to be greater effort to recruit in20 dividuals from minority backgrounds into professions

21 serving individuals with developmental disabilities

22 and their families;

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

24 goal of providing individuals with developmental dis-
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1 abilities with the information, skills, opportunities,

2 and support to—

3 (A) make informed choices and decisions

4 about their lives;

5 (B) live in homes and communities in

6 which such individuals can exercise their full

7 rights and responsibilities as citizens;

8 (C) pursue meaningful and productive lives;

9 (D) contribute to their families, commu10 nities, and States, and the Nation;

11 (E) have interdependent friendships and re12 lationships with other persons;

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

14 sexual exploitation, and violations of their legal

15 and human rights; and

16 (G) achieve full integration and inclusion

17 in society, in an individualized manner, con18 sistent with the unique strengths, resources, pri19 orities, concerns, abilities, and capabilities of

20 each individual; and

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

22 maintain and expand community living options for

23 individuals with developmental disabilities, there is a

24 need to evaluate the access to those options by indi25 viduals with developmental disabilities and the effects
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1 of those options on individuals with developmental

2 disabilities.

3 (b) PURPOSE.—The purpose of this title is to assure

4 that individuals with developmental disabilities and their

5 families participate in the design of and have access to

6 needed community services, individualized supports, and

7 other forms of assistance that promote self-determination,

8 independence, productivity, and integration and inclusion

9 in all facets of community life, through culturally com10 petent programs authorized under this title, including

11 specifically—

12 (1) State Councils on Developmental Disabilities

13 in each State to engage in advocacy, capacity build14 ing, and systemic change activities that—

15 (A) are consistent with the purpose de16 scribed in this subsection and the policy de17 scribed in subsection (c); and

18 (B) contribute to a coordinated, consumer19 and family-centered, consumer- and family-di20 rected, comprehensive system that includes need21 ed community services, individualized supports,

22 and other forms of assistance that promote self23 determination for individuals with develop24 mental disabilities and their families;
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1 (2) protection and advocacy systems in each

2 State to protect the legal and human rights of indi3 viduals with developmental disabilities;

4 (3) University Centers for Excellence in Develop5 mental Disabilities Education, Research, and

6 Service—

7 (A) to provide interdisciplinary pre-service

8 preparation and continuing education of stu9 dents and fellows, which may include the prepa10 ration and continuing education of leadership,

11 direct service, clinical, or other personnel to

12 strengthen and increase the capacity of States

13 and communities to achieve the purpose of this

14 title;

15 (B) to provide community services—

16 (i) that provide training and technical

17 assistance for individuals with develop18 mental disabilities, their families, profes19 sionals, paraprofessionals, policymakers,

20 students, and other members of the commu21 nity; and

22 (ii) that may provide services, sup23 ports, and assistance for the persons de24 scribed in clause (i) through demonstration

25 and model activities;
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1 (C) to conduct research, which may include

2 basic or applied research, evaluation, and the

3 analysis of public policy in areas that affect or

4 could affect, either positively or negatively, indi5 viduals with developmental disabilities and their

6 families; and

7 (D) to disseminate information related to

8 activities undertaken to address the purpose of

9 this title, especially dissemination of information

10 that demonstrates that the network authorized

11 under this subtitle is a national and inter12 national resource that includes specific sub13 stantive areas of expertise that may be accessed

14 and applied in diverse settings and cir15 cumstances; and

16 (4) funding for—

17 (A) national initiatives to collect necessary

18 data on issues that are directly or indirectly rel19 evant to the lives of individuals with develop20 mental disabilities;

21 (B) technical assistance to entities who en22 gage in or intend to engage in activities con23 sistent with the purpose described in this sub24 section or the policy described in subsection (c);

25 and
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1 (C) other nationally significant activities.

2 (c) POLICY.—It is the policy of the United States that

3 all programs, projects, and activities receiving assistance

4 under this title shall be carried out in a manner consistent

5 with the principles that—

6 (1) individuals with developmental disabilities,

7 including those with the most severe developmental

8 disabilities, are capable of self-determination, inde9 pendence, productivity, and integration and inclusion

10 in all facets of community life, but often require the

11 provision of community services, individualized sup12 ports, and other forms of assistance;

13 (2) individuals with developmental disabilities

14 and their families have competencies, capabilities,

15 and personal goals that should be recognized, sup16 ported, and encouraged, and any assistance to such

17 individuals should be provided in an individualized

18 manner, consistent with the unique strengths, re19 sources, priorities, concerns, abilities, and capabilities

20 of such individuals;

21 (3) individuals with developmental disabilities

22 and their families are the primary decisionmakers re23 garding the services and supports such individuals

24 and their families receive, including regarding choos25 ing where the individuals live from available options,
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1 and play decisionmaking roles in policies and pro2 grams that affect the lives of such individuals and

3 their families;

4 (4) services, supports, and other assistance

5 should be provided in a manner that demonstrates re6 spect for individual dignity, personal preferences, and

7 cultural differences;

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

9 individuals with developmental disabilities from ra10 cial and ethnic minority backgrounds and their fami11 lies enjoy increased and meaningful opportunities to

12 access and use community services, individualized

13 supports, and other forms of assistance available to

14 other individuals with developmental disabilities and

15 their families;

16 (6) recruitment efforts in disciplines related to

17 developmental disabilities relating to pre-service

18 training, community training, practice, administra19 tion, and policymaking must focus on bringing larger

20 numbers of racial and ethnic minorities into the dis21 ciplines in order to provide appropriate skills, knowl22 edge, role models, and sufficient personnel to address

23 the growing needs of an increasingly diverse popu24 lation;
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1 (7) with education and support, communities

2 can be accessible to and responsive to the needs of in3 dividuals with developmental disabilities and their

4 families and are enriched by full and active partici5 pation in community activities, and contributions, by

6 individuals with developmental disabilities and their

7 families;

8 (8) individuals with developmental disabilities

9 have access to opportunities and the necessary sup10 port to be included in community life, have inter11 dependent relationships, live in homes and commu12 nities, and make contributions to their families, com13 munities, and States, and the Nation;

14 (9) efforts undertaken to maintain or expand

15 community-based living options for individuals with

16 disabilities should be monitored in order to determine

17 and report to appropriate individuals and entities the

18 extent of access by individuals with developmental

19 disabilities to those options and the extent of compli20 ance by entities providing those options with quality

21 assurance standards;

22 (10) families of children with developmental dis23 abilities need to have access to and use of safe and

24 appropriate child care and before-school and after25 school programs, in the most integrated settings, in
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1 order to enrich the participation of the children in

2 community life;

3 (11) individuals with developmental disabilities

4 need to have access to and use of public transpor5 tation, in order to be independent and directly con6 tribute to and participate in all facets of community

7 life; and

8 (12) individuals with developmental disabilities

9 need to have access to and use of recreational, leisure,

10 and social opportunities in the most integrated set11 tings, in order to enrich their participation in com12 munity life.

13 SEC. 102. DEFINITIONS.

14 In this title:

15 (1) AMERICAN INDIAN CONSORTIUM.—The term

16 ‘‘American Indian Consortium’’ means any confed17 eration of 2 or more recognized American Indian

18 tribes, created through the official action of each par19 ticipating tribe, that has a combined total resident

20 population of 150,000 enrolled tribal members and a

21 contiguous territory of Indian lands in 2 or more

22 States.

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

24 emphasis’’ means the areas related to quality assur25 ance activities, education activities and early inter-
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1 vention activities, child care-related activities, health2 related activities, employment-related activities, hous3 ing-related activities, transportation-related activities,

4 recreation-related activities, and other services avail5 able or offered to individuals in a community, includ6 ing formal and informal community supports, that

7 affect their quality of life.

8 (3) ASSISTIVE TECHNOLOGY DEVICE.—The term

9 ‘‘assistive technology device’’ means any item, piece of

10 equipment, or product system, whether acquired com11 mercially, modified or customized, that is used to in12 crease, maintain, or improve functional capabilities

13 of individuals with developmental disabilities.

14 (4) ASSISTIVE TECHNOLOGY SERVICE.—The term

15 ‘‘assistive technology service’’ means any service that

16 directly assists an individual with a developmental

17 disability in the selection, acquisition, or use of an

18 assistive technology device. Such term includes—

19 (A) conducting an evaluation of the needs of

20 an individual with a developmental disability,

21 including a functional evaluation of the indi22 vidual in the individual’s customary environ23 ment;

24 (B) purchasing, leasing, or otherwise pro25 viding for the acquisition of an assistive tech-
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1 nology device by an individual with a develop2 mental disability;

3 (C) selecting, designing, fitting, custom4 izing, adapting, applying, maintaining, repair5 ing or replacing an assistive technology device;

6 (D) coordinating and using another ther7 apy, intervention, or service with an assistive

8 technology device, such as a therapy, interven9 tion, or service associated with an education or

10 rehabilitation plan or program;

11 (E) providing training or technical assist12 ance for an individual with a developmental dis13 ability, or, where appropriate, a family member,

14 guardian, advocate, or authorized representative

15 of an individual with a developmental disability;

16 and

17 (F) providing training or technical assist18 ance for professionals (including individuals

19 providing education and rehabilitation services),

20 employers, or other individuals who provide

21 services to, employ, or are otherwise substan22 tially involved in the major life functions of, an

23 individual with developmental disabilities.

24 (5) CENTER.—The term ‘‘Center’’ means a Uni25 versity Center for Excellence in Developmental Dis-
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1 abilities Education, Research, and Service established

2 under subtitle D.

3 (6) CHILD CARE-RELATED ACTIVITIES.—The

4 term ‘‘child care-related activities’’ means advocacy,

5 capacity building, and systemic change activities that

6 result in families of children with developmental dis7 abilities having access to and use of child care serv8 ices, including before-school, after-school, and out-of9 school services, in their communities.

10 (7) CULTURALLY COMPETENT.—The term ‘‘cul11 turally competent’’, used with respect to services, sup12 ports, or other assistance, means services, supports, or

13 other assistance that is conducted or provided in a

14 manner that is responsive to the beliefs, interpersonal

15 styles, attitudes, language, and behaviors of individ16 uals who are receiving the services, supports, or other

17 assistance, and in a manner that has the greatest

18 likelihood of ensuring their maximum participation

19 in the program involved.

20 (8) DEVELOPMENTAL DISABILITY.—

21 (A) IN GENERAL.—The term ‘‘developmental

22 disability’’ means a severe, chronic disability of

23 an individual that—
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1 (i) is attributable to a mental or phys2 ical impairment or combination of mental

3 and physical impairments;

4 (ii) is manifested before the individual

5 attains age 22;

6 (iii) is likely to continue indefinitely;

7 (iv) results in substantial functional

8 limitations in 3 or more of the following

9 areas of major life activity:

10 (I) Self-care.

11 (II) Receptive and expressive lan12 guage.

13 (III) Learning.

14 (IV) Mobility.

15 (V) Self-direction.

16 (VI) Capacity for independent liv17 ing.

18 (VII) Economic self-sufficiency;

19 and

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

21 combination and sequence of special, inter22 disciplinary, or generic services, individual23 ized supports, or other forms of assistance

24 that are of lifelong or extended duration
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1 and are individually planned and coordi2 nated.

3 (B) INFANTS AND YOUNG CHILDREN.—An

4 individual from birth to age 9, inclusive, who

5 has a substantial developmental delay or specific

6 congenital or acquired condition, may be consid7 ered to have a developmental disability without

8 meeting 3 or more of the criteria described in

9 clauses (i) through (v) of subparagraph (A) if the

10 individual, without services and supports, has a

11 high probability of meeting those criteria later in

12 life.

13 (9) EARLY INTERVENTION ACTIVITIES.—The

14 term ‘‘early intervention activities’’ means advocacy,

15 capacity building, and systemic change activities pro16 vided to individuals described in paragraph (8)(B)

17 and their families to enhance—

18 (A) the development of the individuals to

19 maximize their potential; and

20 (B) the capacity of families to meet the spe21 cial needs of the individuals.

22 (10) EDUCATION ACTIVITIES.—The term ‘‘edu23 cation activities’’ means advocacy, capacity building,

24 and systemic change activities that result in individ25 uals with developmental disabilities being able to ac-
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1 cess appropriate supports and modifications when

2 necessary, to maximize their educational potential, to

3 benefit from lifelong educational activities, and to be

4 integrated and included in all facets of student life.

5 (11) EMPLOYMENT-RELATED ACTIVITIES.—The

6 term ‘‘employment-related activities’’ means advo7 cacy, capacity building, and systemic change activi8 ties that result in individuals with developmental dis9 abilities acquiring, retaining, or advancing in paid

10 employment, including supported employment or self11 employment, in integrated settings in a community.

12 (12) FAMILY SUPPORT SERVICES.—

13 (A) IN GENERAL.—The term ‘‘family sup14 port services’’ means services, supports, and

15 other assistance, provided to families with mem16 bers who have developmental disabilities, that

17 are designed to—

18 (i) strengthen the family’s role as pri19 mary caregiver;

20 (ii) prevent inappropriate out-of-the21 home placement of the members and main22 tain family unity; and

23 (iii) reunite families with members

24 who have been placed out of the home when25 ever possible.
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1 (B) SPECIFIC SERVICES.—Such term in2 cludes respite care, provision of rehabilitation

3 technology and assistive technology, personal as4 sistance services, parent training and counseling,

5 support for families headed by aging caregivers,

6 vehicular and home modifications, and assist7 ance with extraordinary expenses, associated

8 with the needs of individuals with developmental

9 disabilities.

10 (13) HEALTH-RELATED ACTIVITIES.—The term

11 ‘‘health-related activities’’ means advocacy, capacity

12 building, and systemic change activities that result in

13 individuals with developmental disabilities having ac14 cess to and use of coordinated health, dental, mental

15 health, and other human and social services, includ16 ing prevention activities, in their communities.

17 (14) HOUSING-RELATED ACTIVITIES.—The term

18 ‘‘housing-related activities’’ means advocacy, capacity

19 building, and systemic change activities that result in

20 individuals with developmental disabilities having ac21 cess to and use of housing and housing supports and

22 services in their communities, including assistance re23 lated to renting, owning, or modifying an apartment

24 or home.
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1 (15) INCLUSION.—The term ‘‘inclusion’’, used

2 with respect to individuals with developmental dis3 abilities, means the acceptance and encouragement of

4 the presence and participation of individuals with de5 velopmental disabilities, by individuals without dis6 abilities, in social, educational, work, and community

7 activities, that enables individuals with develop8 mental disabilities to—

9 (A) have friendships and relationships with

10 individuals and families of their own choice;

11 (B) live in homes close to community re12 sources, with regular contact with individuals

13 without disabilities in their communities;

14 (C) enjoy full access to and active partici15 pation in the same community activities and

16 types of employment as individuals without dis17 abilities; and

18 (D) take full advantage of their integration

19 into the same community resources as individ20 uals without disabilities, living, learning, work21 ing, and enjoying life in regular contact with in22 dividuals without disabilities.

23 (16) INDIVIDUALIZED SUPPORTS.—The term ‘‘in24 dividualized supports’’ means supports that—
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1 (A) enable an individual with a develop2 mental disability to exercise self-determination,

3 be independent, be productive, and be integrated

4 and included in all facets of community life;

5 (B) are designed to—

6 (i) enable such individual to control

7 such individual’s environment, permitting

8 the most independent life possible;

9 (ii) prevent placement into a more re10 strictive living arrangement than is nec11 essary; and

12 (iii) enable such individual to live,

13 learn, work, and enjoy life in the commu14 nity; and

15 (C) include—

16 (i) early intervention services;

17 (ii) respite care;

18 (iii) personal assistance services;

19 (iv) family support services;

20 (v) supported employment services;

21 (vi) support services for families head22 ed by aging caregivers of individuals with

23 developmental disabilities; and
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1 (vii) provision of rehabilitation tech2 nology and assistive technology, and assist3 ive technology services.

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

5 used with respect to individuals with developmental

6 disabilities, means exercising the equal right of indi7 viduals with developmental disabilities to access and

8 use the same community resources as are used by and

9 available to other individuals.

10 (18) NOT-FOR-PROFIT.—The term ‘‘not-for-prof11 it’’, used with respect to an agency, institution, or or12 ganization, means an agency, institution, or organi13 zation that is owned or operated by 1 or more cor14 porations or associations, no part of the net earnings

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

16 of any private shareholder or individual.

17 (19) PERSONAL ASSISTANCE SERVICES.—The

18 term ‘‘personal assistance services’’ means a range of

19 services, provided by 1 or more individuals, designed

20 to assist an individual with a disability to perform

21 daily activities, including activities on or off a job

22 that such individual would typically perform if such

23 individual did not have a disability. Such services

24 shall be designed to increase such individual’s control
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1 in life and ability to perform everyday activities, in2 cluding activities on or off a job.

3 (20) PREVENTION ACTIVITIES.—The term ‘‘pre4 vention activities’’ means activities that address the

5 causes of developmental disabilities and the exacer6 bation of functional limitation, such as activities

7 that—

8 (A) eliminate or reduce the factors that

9 cause or predispose individuals to developmental

10 disabilities or that increase the prevalence of de11 velopmental disabilities;

12 (B) increase the early identification of prob13 lems to eliminate circumstances that create or

14 increase functional limitations; and

15 (C) mitigate against the effects of develop16 mental disabilities throughout the lifespan of an

17 individual.

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

19 means—

20 (A) engagement in income-producing work

21 that is measured by increased income, improved

22 employment status, or job advancement; or

23 (B) engagement in work that contributes to

24 a household or community.
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1 (22) PROTECTION AND ADVOCACY SYSTEM.—The

2 term ‘‘protection and advocacy system’’ means a pro3 tection and advocacy system established in accordance

4 with section 143.

5 (23) QUALITY ASSURANCE ACTIVITIES.—The

6 term ‘‘quality assurance activities’’ means advocacy,

7 capacity building, and systemic change activities that

8 result in improved consumer- and family-centered

9 quality assurance and that result in systems of qual10 ity assurance and consumer protection that—

11 (A) include monitoring of services, supports,

12 and assistance provided to an individual with

13 developmental disabilities that ensures that the

14 individual—

15 (i) will not experience abuse, neglect,

16 sexual or financial exploitation, or violation

17 of legal or human rights; and

18 (ii) will not be subject to the inappro19 priate use of restraints or seclusion;

20 (B) include training in leadership, self-ad21 vocacy, and self-determination for individuals

22 with developmental disabilities, their families,

23 and their guardians to ensure that those

24 individuals—
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1 (i) will not experience abuse, neglect,

2 sexual or financial exploitation, or violation

3 of legal or human rights; and

4 (ii) will not be subject to the inappro5 priate use of restraints or seclusion; or

6 (C) include activities related to interagency

7 coordination and systems integration that result

8 in improved and enhanced services, supports,

9 and other assistance that contribute to and pro10 tect the self-determination, independence, produc11 tivity, and integration and inclusion in all fac12 ets of community life, of individuals with devel13 opmental disabilities.

14 (24) RECREATION-RELATED ACTIVITIES.—The

15 term ‘‘recreation-related activities’’ means advocacy,

16 capacity building, and systemic change activities that

17 result in individuals with developmental disabilities

18 having access to and use of recreational, leisure, and

19 social activities, in their communities.

20 (25) REHABILITATION TECHNOLOGY.—The term

21 ‘‘rehabilitation technology’’ means the systematic ap22 plication of technologies, engineering methodologies,

23 or scientific principles to meet the needs of, and ad24 dress the barriers confronted by, individuals with de25 velopmental disabilities in areas that include edu-
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1 cation, rehabilitation, employment, transportation,

2 independent living, and recreation. Such term in3 cludes rehabilitation engineering, and the provision of

4 assistive technology devices and assistive technology

5 services.

6 (26) SECRETARY.—The term ‘‘Secretary’’ means

7 the Secretary of Health and Human Services.

8 (27) SELF-DETERMINATION ACTIVITIES.—The

9 term ‘‘self-determination activities’’ means activities

10 that result in individuals with developmental disabil11 ities, with appropriate assistance, having—

12 (A) the ability and opportunity to commu13 nicate and make personal decisions;

14 (B) the ability and opportunity to commu15 nicate choices and exercise control over the type

16 and intensity of services, supports, and other as17 sistance the individuals receive;

18 (C) the authority to control resources to ob19 tain needed services, supports, and other assist20 ance;

21 (D) opportunities to participate in, and

22 contribute to, their communities; and

23 (E) support, including financial support, to

24 advocate for themselves and others, to develop

25 leadership skills, through training in self-advo-
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1 cacy, to participate in coalitions, to educate pol2 icymakers, and to play a role in the development

3 of public policies that affect individuals with de4 velopmental disabilities.

5 (28) STATE.—The term ‘‘State’’, except as other6 wise provided, includes, in addition to each of the sev7 eral States of the United States, the District of Co8 lumbia, the Commonwealth of Puerto Rico, the

9 United States Virgin Islands, Guam, American

10 Samoa, and the Commonwealth of the Northern Mar11 iana Islands.

12 (29) STATE COUNCIL ON DEVELOPMENTAL DIS13 ABILITIES.—The term ‘‘State Council on Develop14 mental Disabilities’’ means a Council established

15 under section 125.

16 (30) SUPPORTED EMPLOYMENT SERVICES.—The

17 term ‘‘supported employment services’’ means services

18 that enable individuals with developmental disabil19 ities to perform competitive work in integrated work

20 settings, in the case of individuals with developmental

21 disabilities—

22 (A)(i) for whom competitive employment

23 has not traditionally occurred; or
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1 (ii) for whom competitive employment has

2 been interrupted or intermittent as a result of

3 significant disabilities; and

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

5 of their disabilities, need intensive supported em6 ployment services or extended services in order to

7 perform such work.

8 (31) TRANSPORTATION-RELATED ACTIVITIES.—

9 The term ‘‘transportation-related activities’’ means

10 advocacy, capacity building, and systemic change ac11 tivities that result in individuals with developmental

12 disabilities having access to and use of transpor13 tation.

14 (32) UNSERVED AND UNDERSERVED.—The term

15 ‘‘unserved and underserved’’ includes populations

16 such as individuals from racial and ethnic minority

17 backgrounds, disadvantaged individuals, individuals

18 with limited English proficiency, individuals from

19 underserved geographic areas (rural or urban), and

20 specific groups of individuals within the population

21 of individuals with developmental disabilities, includ22 ing individuals who require assistive technology in

23 order to participate in and contribute to community

24 life.
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1 SEC. 103. RECORDS AND AUDITS.

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

3 title shall keep such records as the Secretary shall prescribe,

4 including—

5 (1) records that fully disclose—

6 (A) the amount and disposition by such re7 cipient of the assistance;

8 (B) the total cost of the project or under9 taking in connection with which such assistance

10 is given or used; and

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

12 of the project or undertaking that is supplied by

13 other sources; and

14 (2) such other records as will facilitate an effec15 tive audit.

16 (b) ACCESS.—The Secretary and the Comptroller Gen17 eral of the United States, or any of their duly authorized

18 representatives, shall have access for the purpose of audit

19 and examination to any books, documents, papers, and

20 records of the recipients of assistance under this title that

21 are pertinent to such assistance.

22 SEC. 104. RESPONSIBILITIES OF THE SECRETARY.

23 (a) PROGRAM ACCOUNTABILITY.—

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

25 that received funds under this Act to carry out activi26 ties under subtitles B, C, and D and determine the
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1 extent to which the entities have been responsive to the

2 purpose of this title and have taken actions consistent

3 with the policy described in section 101(c), the Sec4 retary shall develop and implement an accountability

5 process as described in this subsection, with respect to

6 activities conducted after October 1, 2000.

7 (2) AREAS OF EMPHASIS.—The Secretary shall

8 develop a process for identifying and reporting (pur9 suant to section 105) on progress achieved through

10 advocacy, capacity building, and systemic change ac11 tivities, undertaken by the entities described in para12 graph (1), that resulted in individuals with develop13 mental disabilities and their families participating in

14 the design of and having access to needed community

15 services, individualized supports, and other forms of

16 assistance that promote self-determination, independ17 ence, productivity, and integration and inclusion in

18 all facets of community life. Specifically, the Sec19 retary shall develop a process for identifying and re20 porting on progress achieved, through advocacy, ca21 pacity building, and systemic change activities, by

22 the entities in the areas of emphasis.

23 (3) INDICATORS OF PROGRESS.—

24 (A) IN GENERAL.—In identifying progress

25 made by the entities described in paragraph (1)
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1 in the areas of emphasis, the Secretary, in con2 sultation with the Commissioner of the Adminis3 tration on Developmental Disabilities and the

4 entities, shall develop indicators for each area of

5 emphasis.

6 (B) PROPOSED INDICATORS.—Not later

7 than 180 days after the date of enactment of this

8 Act, the Secretary shall develop and publish in

9 the Federal Register for public comment pro10 posed indicators of progress for monitoring how

11 entities described in paragraph (1) have ad12 dressed the areas of emphasis described in para13 graph (2) in a manner that is responsive to the

14 purpose of this title and consistent with the pol15 icy described in section 101(c).

16 (C) FINAL INDICATORS.—Not later than Oc17 tober 1, 2000, the Secretary shall revise the pro18 posed indicators of progress, to the extent nec19 essary based on public comment, and publish

20 final indicators of progress in the Federal Reg21 ister.

22 (D) SPECIFIC MEASURES.—At a minimum,

23 the indicators of progress shall be used to de24 scribe and measure—
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1 (i) the satisfaction of individuals with

2 developmental disabilities with the advo3 cacy, capacity building, and systemic

4 change activities provided under subtitles B,

5 C, and D;

6 (ii) the extent to which the advocacy,

7 capacity building, and systemic change ac8 tivities provided through subtitles B, C, and

9 D result in improvements in—

10 (I) the ability of individuals with

11 developmental disabilities to make

12 choices and exert control over the type,

13 intensity, and timing of services, sup14 ports, and assistance that the individ15 uals have used;

16 (II) the ability of individuals

17 with developmental disabilities to par18 ticipate in the full range of community

19 life with persons of the individuals’

20 choice; and

21 (III) the ability of individuals

22 with developmental disabilities to ac23 cess services, supports, and assistance

24 in a manner that ensures that such an

25 individual is free from abuse, neglect,
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1 sexual and financial exploitation, vio2 lation of legal and human rights, and

3 the inappropriate use of restraints and

4 seclusion; and

5 (iii) the extent to which the entities de6 scribed in paragraph (1) collaborate with

7 each other to achieve the purpose of this

8 title and the policy described in section

9 101(c).

10 (4) TIME LINE FOR COMPLIANCE WITH INDICA11 TORS OF PROGRESS.—The Secretary shall require en12 tities described in paragraph (1) to meet the indica13 tors of progress described in paragraph (3). For fiscal

14 year 2001 and each year thereafter, the Secretary

15 shall apply the indicators in monitoring entities de16 scribed in paragraph (1), with respect to activities

17 conducted after October 1, 2000.

18 (b) TIME LINE FOR REGULATIONS.—Except as other19 wise expressly provided in this title, the Secretary, not later

20 than 1 year after the date of enactment of this Act, shall

21 promulgate such regulations as may be required for the im22 plementation of this title.

23 (c) INTERAGENCY COMMITTEE.—

24 (1) IN GENERAL.—The Secretary shall maintain

25 the interagency committee authorized in section 108
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1 of the Developmental Disabilities Assistance and Bill

2 of Rights Act (42 U.S.C. 6007) as in effect on the day

3 before the date of enactment of this Act, except as oth4 erwise provided in this subsection.

5 (2) COMPOSITION.—The interagency committee

6 shall be composed of representatives of—

7 (A) the Administration on Developmental

8 Disabilities, the Administration on Children,

9 Youth, and Families, the Administration on

10 Aging, and the Health Resources and Services

11 Administration, of the Department of Health

12 and Human Services; and

13 (B) such other Federal departments and

14 agencies as the Secretary of Health and Human

15 Services considers to be appropriate.

16 (3) DUTIES.—Such interagency committee shall

17 meet regularly to coordinate and plan activities con18 ducted by Federal departments and agencies for indi19 viduals with developmental disabilities.

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

21 committee (except for any meetings of any sub22 committees of the committee) shall be open to the pub23 lic. Notice of each meeting, and a statement of the

24 agenda for the meeting, shall be published in the Fed-
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1 eral Register not later than 14 days before the date

2 on which the meeting is to occur.

3 SEC. 105. REPORTS OF THE SECRETARY.

4 At least once every 2 years, the Secretary, using infor5 mation submitted in the reports and information required

6 under subtitles B, C, D, and E, shall prepare and submit

7 to the President, Congress, and the National Council on

8 Disability, a report that describes the goals and outcomes

9 of programs supported under subtitles B, C, D, and E. In

10 preparing the report, the Secretary shall provide—

11 (1) meaningful examples of how the councils,

12 protection and advocacy systems, centers, and entities

13 funded under subtitles B, C, D, and E, respectively—

14 (A) have undertaken coordinated activities

15 with each other;

16 (B) have enhanced the ability of individuals

17 with developmental disabilities and their fami18 lies to participate in the design of and have ac19 cess to needed community services, individual20 ized supports, and other forms of assistance that

21 promote self-determination, independence, pro22 ductivity, and integration and inclusion in all

23 facets of community life;

24 (C) have brought about advocacy, capacity

25 building, and systemic change activities (includ-
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1 ing policy reform), and other actions on behalf

2 of individuals with developmental disabilities

3 and their families, including individuals who

4 are traditionally unserved or underserved, par5 ticularly individuals who are members of ethnic

6 and racial minority groups and individuals

7 from underserved geographic areas; and

8 (D) have brought about advocacy, capacity

9 building, and systemic change activities that af10 fect individuals with disabilities other than indi11 viduals with developmental disabilities;

12 (2) information on the extent to which programs

13 authorized under this title have addressed—

14 (A) protecting individuals with develop15 mental disabilities from abuse, neglect, sexual

16 and financial exploitation, and violations of

17 legal and human rights, so that those individuals

18 are at no greater risk of harm than other persons

19 in the general population; and

20 (B) reports of deaths of and serious injuries

21 to individuals with developmental disabilities;

22 and

23 (3) a summary of any incidents of noncompli24 ance of the programs authorized under this title with
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1 the provisions of this title, and corrections made or

2 actions taken to obtain compliance.

3 SEC. 106. STATE CONTROL OF OPERATIONS.

4 Except as otherwise specifically provided, nothing in

5 this title shall be construed as conferring on any Federal

6 officer or employee the right to exercise any supervision or

7 control over the administration, personnel, maintenance, or

8 operation of any programs, services, and supports for indi9 viduals with developmental disabilities with respect to

10 which any funds have been or may be expended under this

11 title.

12 SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH DISABIL13 ITIES.

14 As a condition of providing assistance under this title,

15 the Secretary shall require that each recipient of such assist16 ance take affirmative action to employ and advance in em17 ployment qualified individuals with disabilities on the

18 same terms and conditions required with respect to the em19 ployment of such individuals under the provisions of title

20 V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.)

21 and the Americans with Disabilities Act of 1990 (42 U.S.C.

22 12101 et seq.), that govern employment.

23 SEC. 108. CONSTRUCTION.

24 Nothing in this title shall be construed to preclude an

25 entity funded under this title from engaging in advocacy,
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1 capacity building, and systemic change activities for indi2 viduals with developmental disabilities that may also have

3 a positive impact on individuals with other disabilities.

4 SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL

5 DISABILITIES.

6 (a) IN GENERAL.—Congress makes the following find7 ings respecting the rights of individuals with developmental

8 disabilities:

9 (1) Individuals with developmental disabilities

10 have a right to appropriate treatment, services, and

11 habilitation for such disabilities, consistent with sec12 tion 101(c).

13 (2) The treatment, services, and habitation for

14 an individual with developmental disabilities should

15 be designed to maximize the potential of the indi16 vidual and should be provided in the setting that is

17 least restrictive of the individual’s personal liberty.

18 (3) The Federal Government and the States both

19 have an obligation to ensure that public funds are

20 provided only to institutional programs, residential

21 programs, and other community programs, including

22 educational programs in which individuals with de23 velopmental disabilities participate, that—
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1 (A) provide treatment, services, and habili2 tation that are appropriate to the needs of such

3 individuals; and

4 (B) meet minimum standards relating to—

5 (i) provision of care that is free of

6 abuse, neglect, sexual and financial exploi7 tation, and violations of legal and human

8 rights and that subjects individuals with de9 velopmental disabilities to no greater risk of

10 harm than others in the general population;

11 (ii) provision to such individuals of

12 appropriate and sufficient medical and den13 tal services;

14 (iii) prohibition of the use of physical

15 restraint and seclusion for such an indi16 vidual unless absolutely necessary to ensure

17 the immediate physical safety of the indi18 vidual or others, and prohibition of the use

19 of such restraint and seclusion as a punish20 ment or as a substitute for a habilitation

21 program;

22 (iv) prohibition of the excessive use of

23 chemical restraints on such individuals and

24 the use of such restraints as punishment or

25 as a substitute for a habilitation program
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1 or in quantities that interfere with services,

2 treatment, or habilitation for such individ3 uals; and

4 (v) provision for close relatives or

5 guardians of such individuals to visit the

6 individuals without prior notice.

7 (4) All programs for individuals with develop8 mental disabilities should meet standards—

9 (A) that are designed to assure the most fa10 vorable possible outcome for those served; and

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

12 serving individuals in need of comprehensive

13 health-related, habilitative, assistive technology

14 or rehabilitative services, that are at least equiv15 alent to those standards applicable to inter16 mediate care facilities for the mentally retarded,

17 promulgated in regulations of the Secretary on

18 June 3, 1988, as appropriate, taking into ac19 count the size of the institutions and the service

20 delivery arrangements of the facilities of the pro21 grams;

22 (ii) in the case of other residential pro23 grams for individuals with developmental dis24 abilities, that assure that—
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1 (I) care is appropriate to the needs of

2 the individuals being served by such pro3 grams;

4 (II) the individuals admitted to facili5 ties of such programs are individuals whose

6 needs can be met through services provided

7 by such facilities; and

8 (III) the facilities of such programs

9 provide for the humane care of the residents

10 of the facilities, are sanitary, and protect

11 their rights; and

12 (iii) in the case of nonresidential programs,

13 that assure that the care provided by such pro14 grams is appropriate to the individuals served

15 by the programs.

16 (b) CLARIFICATION.—The rights of individuals with

17 developmental disabilities described in findings made in

18 this section shall be considered to be in addition to any

19 constitutional or other rights otherwise afforded to all indi20 viduals.
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1 Subtitle B—Federal Assistance to

2 State Councils on Developmental

3 Disabilities

4 SEC. 121. PURPOSE.

5 The purpose of this subtitle is to provide for allotments

6 to support State Councils on Developmental Disabilities

7 (referred to individually in this subtitle as a ‘‘Council’’)

8 in each State to—

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

10 systemic change activities that are consistent with the

11 purpose described in section 101(b) and the policy de12 scribed in section 101(c); and

13 (2) contribute to a coordinated, consumer- and

14 family-centered, consumer- and family-directed, com15 prehensive system of community services, individual16 ized supports, and other forms of assistance that en17 able individuals with developmental disabilities to ex18 ercise self-determination, be independent, be produc19 tive, and be integrated and included in all facets of

20 community life.

21 SEC. 122. STATE ALLOTMENTS.

22 (a) ALLOTMENTS.—

23 (1) IN GENERAL.—

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

25 Secretary shall, in accordance with regulations
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1 and this paragraph, allot the sums appropriated

2 for such year under section 129 among the States

3 on the basis of—

4 (i) the population;

5 (ii) the extent of need for services for

6 individuals with developmental disabilities;

7 and

8 (iii) the financial need,

9 of the respective States.

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

11 States under this section shall be used to pay for

12 the Federal share of the cost of carrying out

13 projects in accordance with State plans approved

14 under section 124 for the provision under such

15 plans of services for individuals with develop16 mental disabilities.

17 (2) ADJUSTMENTS.—The Secretary may make

18 adjustments in the amounts of State allotments based

19 on clauses (i), (ii), and (iii) of paragraph (1)(A) not

20 more often than annually. The Secretary shall notify

21 each State of any adjustment made under this para22 graph and the percentage of the total sums appro23 priated under section 129 that the adjusted allotment

24 represents not later than 6 months before the begin-
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1 ning of the fiscal year in which such adjustment is

2 to take effect.

3 (3) MINIMUM ALLOTMENT FOR APPROPRIATIONS

4 LESS THAN OR EQUAL TO $70,000,000.—

5 (A) IN GENERAL.—Except as provided in

6 paragraph (4), for any fiscal year the allotment

7 under this section—

8 (i) to each of American Samoa, Guam,

9 the United States Virgin Islands, or the

10 Commonwealth of the Northern Mariana Is11 lands may not be less than $210,000; and

12 (ii) to any State not described in

13 clause (i) may not be less than $400,000.

14 (B) REDUCTION OF ALLOTMENT.—Notwith15 standing subparagraph (A), if the aggregate of

16 the amounts to be allotted to the States pursuant

17 to subparagraph (A) for any fiscal year exceeds

18 the total amount appropriated under section 129

19 for such fiscal year, the amount to be allotted to

20 each State for such fiscal year shall be propor21 tionately reduced.

22 (4) MINIMUM ALLOTMENT FOR APPROPRIATIONS

23 IN EXCESS OF $70,000,000.—

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

25 total amount appropriated under section 129 for
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1 a fiscal year is more than $70,000,000, the allot2 ment under this section for such fiscal year—

3 (i) to each of American Samoa, Guam,

4 the United States Virgin Islands, or the

5 Commonwealth of the Northern Mariana Is6 lands may not be less than $220,000; and

7 (ii) to any State not described in

8 clause (i) may not be less than $450,000.

9 (B) REDUCTION OF ALLOTMENT.—The re10 quirements of paragraph (3)(B) shall apply with

11 respect to amounts to be allotted to States under

12 subparagraph (A), in the same manner and to

13 the same extent as such requirements apply with

14 respect to amounts to be allotted to States under

15 paragraph (3)(A).

16 (5) STATE SUPPORTS, SERVICES, AND OTHER AC17 TIVITIES.—In determining, for purposes of paragraph

18 (1)(A)(ii), the extent of need in any State for services

19 for individuals with developmental disabilities, the

20 Secretary shall take into account the scope and extent

21 of the services, supports, and assistance described,

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

23 the State.

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

25 which the total amount appropriated under section
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1 129 for a fiscal year exceeds the total amount appro2 priated under such section (or a corresponding provi3 sion) for the preceding fiscal year by a percentage

4 greater than the most recent percentage change in the

5 Consumer Price Index published by the Secretary of

6 Labor under section 100(c)(1) of the Rehabilitation

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

8 change indicates an increase), the Secretary shall in9 crease each of the minimum allotments described in

10 paragraphs (3) and (4). The Secretary shall increase

11 each minimum allotment by an amount that bears

12 the same ratio to the amount of such minimum allot13 ment (including any increases in such minimum al14 lotment under this paragraph (or a corresponding

15 provision) for prior fiscal years) as the amount that

16 is equal to the difference between—

17 (A) the total amount appropriated under

18 section 129 for the fiscal year for which the in19 crease in the minimum allotment is being made;

20 minus

21 (B) the total amount appropriated under

22 section 129 (or a corresponding provision) for

23 the immediately preceding fiscal year,
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1 bears to the total amount appropriated under section

2 129 (or a corresponding provision) for such preceding

3 fiscal year.

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

5 State for a fiscal year and remaining unobligated at the

6 end of such year shall remain available to such State for

7 the next fiscal year for the purposes for which such amount

8 was paid.

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

10 subtitle, State Interagency Agreements are considered valid

11 obligations for the purpose of obligating Federal funds allot12 ted to the State under this subtitle.

13 (d) COOPERATIVE EFFORTS BETWEEN STATES.—If a

14 State plan approved in accordance with section 124 pro15 vides for cooperative or joint effort between or among States

16 or agencies, public or private, in more than 1 State, por17 tions of funds allotted to 1 or more States described in this

18 subsection may be combined in accordance with the agree19 ments between the States or agencies involved.

20 (e) REALLOTMENTS.—

21 (1) IN GENERAL.—If the Secretary determines

22 that an amount of an allotment to a State for a pe23 riod (of a fiscal year or longer) will not be required

24 by the State during the period for the purpose for
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1 which the allotment was made, the Secretary may

2 reallot the amount.

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

4 reallotment from time to time, on such date as the

5 Secretary may fix, but not earlier than 30 days after

6 the Secretary has published notice of the intention of

7 the Secretary to make the reallotment in the Federal

8 Register.

9 (3) AMOUNTS.—The Secretary shall reallot the

10 amount to other States with respect to which the Sec11 retary has not made that determination. The Sec12 retary shall reallot the amount in proportion to the

13 original allotments of the other States for such fiscal

14 year, but shall reduce such proportionate amount for

15 any of the other States to the extent the proportionate

16 amount exceeds the sum that the Secretary estimates

17 the State needs and will be able to use during such

18 period.

19 (4) REALLOTMENT OF REDUCTIONS.—The Sec20 retary shall similarly reallot the total of the reduc21 tions among the States whose proportionate amounts

22 were not so reduced.

23 (5) TREATMENT.—Any amount reallotted to a

24 State under this subsection for a fiscal year shall be
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1 deemed to be a part of the allotment of the State

2 under subsection (a) for such fiscal year.

3 SEC. 123. PAYMENTS TO THE STATES FOR PLANNING, AD4 MINISTRATION, AND SERVICES.

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

6 allotments for a fiscal year under section 122, the Secretary

7 shall pay to the State the Federal share of the cost, other

8 than the cost for construction, incurred during such year

9 for activities carried out under the State plan approved

10 under section 124. The Secretary shall make such payments

11 from time to time in advance on the basis of estimates by

12 the Secretary of the sums the State will expend for the cost

13 under the State plan. The Secretary shall make such adjust14 ments as may be necessary to the payments on account of

15 previously made underpayments or overpayments under

16 this section.

17 (b) DESIGNATED STATE AGENCY EXPENDITURES.—

18 The Secretary may make payments to a State for the por19 tion described in section 124(c)(5)(B)(vi) in advance or by

20 way of reimbursement, and in such installments as the Sec21 retary may determine.

22 SEC. 124. STATE PLAN.

23 (a) IN GENERAL.—Any State desiring to receive as24 sistance under this subtitle shall submit to the Secretary,
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1 and obtain approval of, a 5-year strategic State plan under

2 this section.

3 (b) PLANNING CYCLE.—The plan described in sub4 section (a) shall be updated as appropriate during the 5-

5 year period.

6 (c) STATE PLAN REQUIREMENTS.—In order to be ap7 proved by the Secretary under this section, a State plan

8 shall meet each of the following requirements:

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

10 the establishment and maintenance of a Council in

11 accordance with section 125 and describe the member12 ship of such Council.

13 (2) DESIGNATED STATE AGENCY.—The plan

14 shall identify the agency or office within the State

15 designated to support the Council in accordance with

16 this section and section 125(d) (referred to in this

17 subtitle as a ‘‘designated State agency’’).

18 (3) COMPREHENSIVE REVIEW AND ANALYSIS.—

19 The plan shall describe the results of a comprehensive

20 review and analysis of the extent to which services,

21 supports, and other assistance are available to indi22 viduals with developmental disabilities and their fam23 ilies, and the extent of unmet needs for services, sup24 ports, and other assistance for those individuals and
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1 their families, in the State. The results of the com2 prehensive review and analysis shall include—

3 (A) a description of the services, supports,

4 and other assistance being provided to individ5 uals with developmental disabilities and their

6 families under other federally assisted State pro7 grams, plans, and policies under which the State

8 operates and in which individuals with develop9 mental disabilities are or may be eligible to par10 ticipate, including particularly programs relat11 ing to the areas of emphasis, including—

12 (i) medical assistance, maternal and

13 child health care, services for children with

14 special health care needs, children’s mental

15 health services, comprehensive health and

16 mental health services, and institutional

17 care options;

18 (ii) job training, job placement, work19 site accommodation, and vocational reha20 bilitation, and other work assistance pro21 grams; and

22 (iii) social, child welfare, aging, inde23 pendent living, and rehabilitation and as24 sistive technology services, and such other

25 services as the Secretary may specify;
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1 (B) a description of the extent to which

2 agencies operating such other federally assisted

3 State programs, including activities authorized

4 under section 101 or 102 of the Assistive Tech5 nology Act of 1998 (29 U.S.C. 3011, 3012), pur6 sue interagency initiatives to improve and en7 hance community services, individualized sup8 ports, and other forms of assistance for individ9 uals with developmental disabilities;

10 (C) an analysis of the extent to which com11 munity services and opportunities related to the

12 areas of emphasis directly benefit individuals

13 with developmental disabilities, especially with

14 regard to their ability to access and use services

15 provided in their communities, to participate in

16 opportunities, activities, and events offered in

17 their communities, and to contribute to commu18 nity life, identifying particularly—

19 (i) the degree of support for individ20 uals with developmental disabilities that are

21 attributable to either physical impairment,

22 mental impairment, or a combination of

23 physical and mental impairments;

24 (ii) criteria for eligibility for services,

25 including specialized services and special
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1 adaptation of generic services provided by

2 agencies within the State, that may exclude

3 individuals with developmental disabilities

4 from receiving services described in this

5 clause;

6 (iii) the barriers that impede full par7 ticipation of members of unserved and un8 derserved groups of individuals with devel9 opmental disabilities and their families;

10 (iv) the availability of assistive tech11 nology, assistive technology services, or re12 habilitation technology, or information

13 about assistive technology, assistive tech14 nology services, or rehabilitation technology

15 to individuals with developmental disabil16 ities;

17 (v) the numbers of individuals with de18 velopmental disabilities on waiting lists for

19 services described in this subparagraph;

20 (vi) a description of the adequacy of

21 current resources and projected availability

22 of future resources to fund services described

23 in this subparagraph;

24 (vii) a description of the adequacy of

25 health care and other services, supports, and
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1 assistance that individuals with develop2 mental disabilities who are in facilities re3 ceive (based in part on each independent re4 view (pursuant to section 1902(a)(30)(C) of

5 the Social Security Act (42 U.S.C.

6 1396a(a)(30)(C))) of an Intermediate Care

7 Facility (Mental Retardation) within the

8 State, which the State shall provide to the

9 Council not later than 30 days after the

10 availability of the review); and

11 (viii) to the extent that information is

12 available, a description of the adequacy of

13 health care and other services, supports, and

14 assistance that individuals with develop15 mental disabilities who are served through

16 home and community-based waivers (au17 thorized under section 1915(c) of the Social

18 Security Act (42 U.S.C. 1396n(c))) receive;

19 (D) a description of how entities funded

20 under subtitles C and D, through interagency

21 agreements or other mechanisms, collaborated

22 with the entity funded under this subtitle in the

23 State, each other, and other entities to contribute

24 to the achievement of the purpose of this subtitle;

25 and
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1 (E) the rationale for the goals related to ad2 vocacy, capacity building, and systemic change

3 to be undertaken by the Council to contribute to

4 the achievement of the purpose of this subtitle.

5 (4) PLAN GOALS.—The plan shall focus on Coun6 cil efforts to bring about the purpose of this subtitle,

7 by—

8 (A) specifying 5-year goals, as developed

9 through data driven strategic planning, for advo10 cacy, capacity building, and systemic change re11 lated to the areas of emphasis, to be undertaken

12 by the Council, that—

13 (i) are derived from the unmet needs of

14 individuals with developmental disabilities

15 and their families identified under para16 graph (3); and

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

18 grant, to—

19 (I) establish or strengthen a pro20 gram for the direct funding of a State

21 self-advocacy organization led by indi22 viduals with developmental disabilities;

23 (II) support opportunities for in24 dividuals with developmental disabil25 ities who are considered leaders to pro-
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1 vide leadership training to individuals

2 with developmental disabilities who

3 may become leaders; and

4 (III) support and expand partici5 pation of individuals with develop6 mental disabilities in cross-disability

7 and culturally diverse leadership coali8 tions; and

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

10 (i) the goals to be achieved through the

11 grant, which, beginning in fiscal year 2001,

12 shall be consistent with applicable indica13 tors of progress described in section

14 104(a)(3);

15 (ii) the strategies to be used in achiev16 ing each goal; and

17 (iii) the method to be used to determine

18 if each goal has been achieved.

19 (5) ASSURANCES.—

20 (A) IN GENERAL.—The plan shall contain

21 or be supported by assurances and information

22 described in subparagraphs (B) through (N) that

23 are satisfactory to the Secretary.
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1 (B) USE OF FUNDS.—With respect to the

2 funds paid to the State under section 122, the

3 plan shall provide assurances that—

4 (i) not less than 70 percent of such

5 funds will be expended for activities related

6 to the goals described in paragraph (4);

7 (ii) such funds will contribute to the

8 achievement of the purpose of this subtitle

9 in various political subdivisions of the

10 State;

11 (iii) such funds will be used to supple12 ment, and not supplant, the non-Federal

13 funds that would otherwise be made avail14 able for the purposes for which the funds

15 paid under section 122 are provided;

16 (iv) such funds will be used to com17 plement and augment rather than duplicate

18 or replace services for individuals with de19 velopmental disabilities and their families

20 who are eligible for Federal assistance

21 under other State programs;

22 (v) part of such funds will be made

23 available by the State to public or private

24 entities;
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1 (vi) at the request of any State, a por2 tion of such funds provided to such State

3 under this subtitle for any fiscal year shall

be available to pay up to 1 4 ⁄2 (or the entire

5 amount if the Council is the designated

6 State agency) of the expenditures found to

7 be necessary by the Secretary for the proper

8 and efficient exercise of the functions of the

9 designated State agency, except that not

10 more than 5 percent of such funds provided

11 to such State for any fiscal year, or

12 $50,000, whichever is less, shall be made

13 available for total expenditures for such

14 purpose by the designated State agency; and

15 (vii) not more than 20 percent of such

16 funds will be allocated to the designated

17 State agency for service demonstrations by

18 such agency that—

19 (I) contribute to the achievement

20 of the purpose of this subtitle; and

21 (II) are explicitly authorized by

22 the Council.

23 (C) STATE FINANCIAL PARTICIPATION.—The

24 plan shall provide assurances that there will be
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1 reasonable State financial participation in the

2 cost of carrying out the plan.

3 (D) CONFLICT OF INTEREST.—The plan

4 shall provide an assurance that no member of

5 such Council will cast a vote on any matter that

6 would provide direct financial benefit to the

7 member or otherwise give the appearance of a

8 conflict of interest.

9 (E) URBAN AND RURAL POVERTY AREAS.—

10 The plan shall provide assurances that special fi11 nancial and technical assistance will be given to

12 organizations that provide community services,

13 individualized supports, and other forms of as14 sistance to individuals with developmental dis15 abilities who live in areas designated as urban

16 or rural poverty areas.

17 (F) PROGRAM ACCESSIBILITY STAND18 ARDS.—The plan shall provide assurances that

19 programs, projects, and activities funded under

20 the plan, and the buildings in which such pro21 grams, projects, and activities are operated, will

22 meet standards prescribed by the Secretary in

23 regulations and all applicable Federal and State

24 accessibility standards, including accessibility

25 requirements of the Americans with Disabilities
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1 Act of 1990 (42 U.S.C. 12101 et seq.), section

2 508 of the Rehabilitation Act of 1973 (29 U.S.C.

3 794d), and the Fair Housing Act (42 U.S.C.

4 3601 et seq.).

5 (G) INDIVIDUALIZED SERVICES.—The plan

6 shall provide assurances that any direct services

7 provided to individuals with developmental dis8 abilities and funded under the plan will be pro9 vided in an individualized manner, consistent

10 with the unique strengths, resources, priorities,

11 concerns, abilities, and capabilities of such indi12 vidual.

13 (H) HUMAN RIGHTS.—The plan shall pro14 vide assurances that the human rights of the in15 dividuals with developmental disabilities (espe16 cially individuals without familial protection)

17 who are receiving services under programs as18 sisted under this subtitle will be protected con19 sistent with section 109 (relating to rights of in20 dividuals with developmental disabilities).

21 (I) MINORITY PARTICIPATION.—The plan

22 shall provide assurances that the State has taken

23 affirmative steps to assure that participation in

24 programs funded under this subtitle is geo25 graphically representative of the State, and re-
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1 flects the diversity of the State with respect to

2 race and ethnicity.

3 (J) EMPLOYEE PROTECTIONS.—The plan

4 shall provide assurances that fair and equitable

5 arrangements (as determined by the Secretary

6 after consultation with the Secretary of Labor)

7 will be provided to protect the interests of em8 ployees affected by actions taken under the plan

9 to provide community living activities, including

10 arrangements designed to preserve employee

11 rights and benefits and provide training and re12 training of such employees where necessary, and

13 arrangements under which maximum efforts will

14 be made to guarantee the employment of such

15 employees.

16 (K) STAFF ASSIGNMENTS.—The plan shall

17 provide assurances that the staff and other per18 sonnel of the Council, while working for the

19 Council, will be responsible solely for assisting

20 the Council in carrying out the duties of the

21 Council under this subtitle and will not be as22 signed duties by the designated State agency, or

23 any other agency, office, or entity of the State.

24 (L) NONINTERFERENCE.—The plan shall

25 provide assurances that the designated State
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1 agency, and any other agency, office, or entity of

2 the State, will not interfere with the advocacy,

3 capacity building, and systemic change activi4 ties, budget, personnel, State plan development,

5 or plan implementation of the Council, except

6 that the designated State agency shall have the

7 authority necessary to carry out the responsibil8 ities described in section 125(d)(3).

9 (M) STATE QUALITY ASSURANCE.—The plan

10 shall provide assurances that the Council will

11 participate in the planning, design or redesign,

12 and monitoring of State quality assurance sys13 tems that affect individuals with developmental

14 disabilities.

15 (N) OTHER ASSURANCES.—The plan shall

16 contain such additional information and assur17 ances as the Secretary may find necessary to

18 carry out the provisions (including the purpose)

19 of this subtitle.

20 (d) PUBLIC INPUT AND REVIEW, SUBMISSION, AND AP21 PROVAL.—

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

23 be based on public input. The Council shall make the

24 plan available for public review and comment, after

25 providing appropriate and sufficient notice in acces-
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1 sible formats of the opportunity for such review and

2 comment. The Council shall revise the plan to take

3 into account and respond to significant comments.

4 (2) CONSULTATION WITH THE DESIGNATED

5 STATE AGENCY.—Before the plan is submitted to the

6 Secretary, the Council shall consult with the des7 ignated State agency to ensure that the State plan is

8 consistent with State law and to obtain appropriate

9 State plan assurances.

10 (3) PLAN APPROVAL.—The Secretary shall ap11 prove any State plan and, as appropriate, amend12 ments of such plan that comply with the provisions

13 of subsections (a), (b), and (c) and this subsection.

14 The Secretary may take final action to disapprove a

15 State plan after providing reasonable notice and an

16 opportunity for a hearing to the State.

17 SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABIL18 ITIES AND DESIGNATED STATE AGENCIES.

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

20 under this subtitle shall establish and maintain a Council

21 to undertake advocacy, capacity building, and systemic

22 change activities (consistent with subsections (b) and (c) of

23 section 101) that contribute to a coordinated, consumer24 and family-centered, consumer- and family-directed, com25 prehensive system of community services, individualized
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•S 1809 RS

1 supports, and other forms of assistance that contribute to

2 the achievement of the purpose of this subtitle. The Council

3 shall have the authority to fulfill the responsibilities de4 scribed in subsection (c).

5 (b) COUNCIL MEMBERSHIP.—

6 (1) COUNCIL APPOINTMENTS.—

7 (A) IN GENERAL.—The members of the

8 Council of a State shall be appointed by the Gov9 ernor of the State from among the residents of

10 that State.

11 (B) RECOMMENDATIONS.—The Governor

12 shall select members of the Council, at the discre13 tion of the Governor, after soliciting rec14 ommendations from organizations representing a

15 broad range of individuals with developmental

16 disabilities and individuals interested in indi17 viduals with developmental disabilities, includ18 ing the non-State agency members of the Coun19 cil. The Council may, at the initiative of the

20 Council, or on the request of the Governor, co21 ordinate Council and public input to the Gov22 ernor regarding all recommendations.

23 (C) REPRESENTATION.—The membership of

24 the Council shall be geographically representative
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1 of the State and reflect the diversity of the State

2 with respect to race and ethnicity.

3 (2) MEMBERSHIP ROTATION.—The Governor

4 shall make appropriate provisions to rotate the mem5 bership of the Council. Such provisions shall allow

6 members to continue to serve on the Council until

7 such members’ successors are appointed. The Council

8 shall notify the Governor regarding membership re9 quirements of the Council, and shall notify the Gov10 ernor when vacancies on the Council remain unfilled

11 for a significant period of time.

12 (3) REPRESENTATION OF INDIVIDUALS WITH DE13 VELOPMENTAL DISABILITIES.—Not less than 60 per14 cent of the membership of each Council shall consist

15 of individuals who are—

16 (A)(i) individuals with developmental dis17 abilities;

18 (ii) parents or guardians of children with

19 developmental disabilities; or

20 (iii) immediate relatives or guardians of

21 adults with mentally impairing developmental

22 disabilities who cannot advocate for themselves;

23 and

24 (B) not employees of a State agency that re25 ceives funds or provides services under this sub-
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•S 1809 RS

1 title, and who are not managing employees (as

2 defined in section 1126(b) of the Social Security

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

4 that receives funds or provides services under

5 this subtitle.

6 (4) REPRESENTATION OF AGENCIES AND ORGANI7 ZATIONS.—

8 (A) IN GENERAL.—Each Council shall

9 include—

10 (i) representatives of relevant State en11 tities, including—

12 (I) State entities that administer

13 funds provided under Federal laws re14 lated to individuals with disabilities,

15 including the Rehabilitation Act of

16 1973 (29 U.S.C. 701 et seq.), the Indi17 viduals with Disabilities Education

18 Act (20 U.S.C. 1400 et seq.), the Older

19 Americans Act of 1965 (42 U.S.C.

20 3001 et seq.), and titles V and XIX of

21 the Social Security Act (42 U.S.C. 701

22 et seq. and 1396 et seq.);

23 (II) Centers in the State; and

24 (III) the State protection and ad25 vocacy system; and
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•S 1809 RS

1 (ii) representatives, at all times,

2 of local and nongovernmental agencies,

3 and private nonprofit groups con4 cerned with services for individuals

5 with developmental disabilities in the

6 State in which such agencies and

7 groups are located.

8 (B) AUTHORITY AND LIMITATIONS.—The

9 representatives described in subparagraph (A)

10 shall—

11 (i) have sufficient authority to engage

12 in policy planning and implementation on

13 behalf of the department, agency, or pro14 gram such representatives represent; and

15 (ii) recuse themselves from any discus16 sion of grants or contracts for which such

17 representatives’ departments, agencies, or

18 programs are grantees, contractors, or ap19 plicants and comply with the conflict of in20 terest assurance requirement under section

21 124(c)(5)(D).

22 (5) COMPOSITION OF MEMBERSHIP WITH DEVEL23 OPMENTAL DISABILITIES.—Of the members of the

24 Council described in paragraph (3)—
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•S 1809 RS

(A) 1 1 ⁄3 shall be individuals with develop2 mental disabilities described in paragraph

3 (3)(A)(i);

(B) 1 4 ⁄3 shall be parents or guardians of chil5 dren with developmental disabilities described in

6 paragraph (3)(A)(ii), or immediate relatives or

7 guardians of adults with developmental disabil8 ities described in paragraph (3)(A)(iii); and

(C) 1 9 ⁄3 shall be a combination of individuals

10 described in paragraph (3)(A).

11 (6) INSTITUTIONALIZED INDIVIDUALS.—

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

13 Council described in paragraph (5), at least 1

14 shall be an immediate relative or guardian of an

15 individual with a developmental disability who

16 resides or previously resided in an institution or

17 shall be an individual with a developmental dis18 ability who resides or previously resided in an

19 institution.

20 (B) LIMITATION.—Subparagraph (A) shall

21 not apply with respect to a State if such an in22 dividual does not reside in that State.

23 (c) COUNCIL RESPONSIBILITIES.—

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

25 members, staff, consultants, contractors, or sub-
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•S 1809 RS

1 grantees, shall have the responsibilities described in

2 paragraphs (2) through (10).

3 (2) ADVOCACY, CAPACITY BUILDING, AND SYS4 TEMIC CHANGE ACTIVITIES.—The Council shall serve

5 as an advocate for individuals with developmental

6 disabilities and conduct or support programs,

7 projects, and activities that carry out the purpose of

8 this subtitle.

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

10 grant year, each Council shall—

11 (A) determine the extent to which each goal

12 of the Council was achieved for that year;

13 (B) determine to the extent that each goal

14 was not achieved, the factors that impeded the

15 achievement;

16 (C) determine needs that require amend17 ment of the 5-year strategic State plan required

18 under section 124;

19 (D) separately determine the information

20 on the self-advocacy goal described in section

21 124(c)(4)(A)(ii); and

22 (E) determine customer satisfaction with

23 Council supported or conducted activities.

24 (4) STATE PLAN DEVELOPMENT.—The Council

25 shall develop the State plan and submit the State
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1 plan to the Secretary after consultation with the des2 ignated State agency under the State plan. Such con3 sultation shall be solely for the purposes of obtaining

4 State assurances and ensuring consistency of the plan

5 with State law.

6 (5) STATE PLAN IMPLEMENTATION.—

7 (A) IN GENERAL.—The Council shall imple8 ment the State plan by conducting and sup9 porting advocacy, capacity building, and sys10 temic change activities such as those described in

11 subparagraphs (B) through (L).

12 (B) OUTREACH.—The Council may support

13 and conduct outreach activities to identify indi14 viduals with developmental disabilities and their

15 families who otherwise might not come to the at16 tention of the Council and assist and enable the

17 individuals and families to obtain services, indi18 vidualized supports, and other forms of assist19 ance, including access to special adaptation of

20 generic community services or specialized serv21 ices.

22 (C) TRAINING.—The Council may support

23 and conduct training for persons who are indi24 viduals with developmental disabilities, their

25 families, and personnel (including professionals,
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•S 1809 RS

1 paraprofessionals, students, volunteers, and other

2 community members) to enable such persons to

3 obtain access to, or to provide, community serv4 ices, individualized supports, and other forms of

5 assistance, including special adaptation of ge6 neric community services or specialized services

7 for individuals with developmental disabilities

8 and their families. To the extent that the Council

9 supports or conducts training activities under

10 this subparagraph, such activities shall con11 tribute to the achievement of the purpose of this

12 subtitle.

13 (D) TECHNICAL ASSISTANCE.—The Council

14 may support and conduct technical assistance

15 activities to assist public and private entities to

16 contribute to the achievement of the purpose of

17 this subtitle.

18 (E) SUPPORTING AND EDUCATING COMMU19 NITIES.—The Council may support and conduct

20 activities to assist neighborhoods and commu21 nities to respond positively to individuals with

22 developmental disabilities and their families—

23 (i) by encouraging local networks to

24 provide informal and formal supports;

25 (ii) through education; and
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•S 1809 RS

1 (iii) by enabling neighborhoods and

2 communities to offer such individuals and

3 their families access to and use of services,

4 resources, and opportunities.

5 (F) INTERAGENCY COLLABORATION AND CO6 ORDINATION.—The Council may support and

7 conduct activities to promote interagency col8 laboration and coordination to better serve, sup9 port, assist, or advocate for individuals with de10 velopmental disabilities and their families.

11 (G) COORDINATION WITH RELATED COUN12 CILS, COMMITTEES, AND PROGRAMS.—The Coun13 cil may support and conduct activities to en14 hance coordination of services with—

15 (i) other councils, entities, or commit16 tees, authorized by Federal or State law,

17 concerning individuals with disabilities

18 (such as the State interagency coordinating

19 council established under subtitle C of the

20 Individuals with Disabilities Education Act

21 (20 U.S.C. 1431 et seq.), the State Rehabili22 tation Council and the Statewide Inde23 pendent Living Council established under

24 the Rehabilitation Act of 1973 (29 U.S.C.

25 701 et seq.), the State mental health plan-
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•S 1809 RS

1 ning council established under subtitle B of

2 title XIX of the Public Health Service Act

3 (42 U.S.C. 300x–1 et seq.), and the activi4 ties authorized under section 101 or 102 of

5 the Assistive Technology Act of 1998 (29

6 U.S.C. 3011, 3012), and entities carrying

7 out other similar councils, entities, or com8 mittees);

9 (ii) parent training and information

10 centers under part D of the Individuals

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

12 1451 et seq.) and other entities carrying out

13 federally funded projects that assist parents

14 of children with disabilities; and

15 (iii) other groups interested in advo16 cacy, capacity building, and systemic

17 change activities to benefit individuals with

18 disabilities.

19 (H) BARRIER ELIMINATION, SYSTEMS DE20 SIGN AND REDESIGN.—The Council may support

21 and conduct activities to eliminate barriers to

22 assess and use of community services by individ23 uals with developmental disabilities, enhance

24 systems design and redesign, and enhance citizen
237

•S 1809 RS

1 participation to address issues identified in the

2 State plan.

3 (I) COALITION DEVELOPMENT AND CITIZEN

4 PARTICIPATION.—The Council may support and

5 conduct activities to educate the public about the

6 capabilities, preferences, and needs of individ7 uals with developmental disabilities and their

8 families and to develop and support coalitions

9 that support the policy agenda of the Council,

10 including training in self-advocacy, education of

11 policymakers, and citizen leadership skills.

12 (J) INFORMING POLICYMAKERS.—The Coun13 cil may support and conduct activities to pro14 vide information to policymakers by supporting

15 and conducting studies and analyses, gathering

16 information, and developing and disseminating

17 model policies and procedures, information, ap18 proaches, strategies, findings, conclusions, and

19 recommendations. The Council may provide the

20 information directly to Federal, State, and local

21 policymakers, including Congress, the Federal

22 executive branch, the Governors, State legisla23 tures, and State agencies, in order to increase

24 the ability of such policymakers to offer opportu25 nities and to enhance or adapt generic services
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•S 1809 RS

1 to meet the needs of, or provide specialized serv2 ices to, individuals with developmental disabil3 ities and their families.

4 (K) DEMONSTRATION OF NEW APPROACHES

5 TO SERVICES AND SUPPORTS.—

6 (i) IN GENERAL.—The Council may

7 support and conduct, on a time-limited

8 basis, activities to demonstrate new ap9 proaches to serving individuals with devel10 opmental disabilities that are a part of an

11 overall strategy for systemic change. The

12 strategy may involve the education of pol13 icymakers and the public about how to de14 liver effectively, to individuals with develop15 mental disabilities and their families, serv16 ices, supports, and assistance that con17 tribute to the achievement of the purpose of

18 this subtitle.

19 (ii) SOURCES OF FUNDING.—The

20 Council may carry out this subparagraph

21 by supporting and conducting demonstra22 tion activities through sources of funding

23 other than funding provided under this sub24 title, and by assisting entities conducting
239

•S 1809 RS

1 demonstration activities to develop strate2 gies for securing funding from other sources.

3 (L) OTHER ACTIVITIES.—The Council may

4 support and conduct other advocacy, capacity

5 building, and systemic change activities to pro6 mote the development of a coordinated,

7 consumer- and family-centered, consumer- and

8 family-directed, comprehensive system of commu9 nity services, individualized supports, and other

10 forms of assistance that contribute to the achieve11 ment of the purpose of this subtitle.

12 (6) REVIEW OF DESIGNATED STATE AGENCY.—

13 The Council shall periodically review the designated

14 State agency and activities carried out under this

15 subtitle by the designated State agency and make any

16 recommendations for change to the Governor.

17 (7) REPORTS.—Beginning in fiscal year 2001,

18 the Council shall annually prepare and transmit to

19 the Secretary a report. Each report shall be in a form

20 prescribed by the Secretary by regulation under sec21 tion 104(b). Each report shall contain information

22 about the progress made by the Council in achieving

23 the goals of the Council (as specified in section

24 124(c)(4)), including—
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•S 1809 RS

1 (A) a description of the extent to which the

2 goals were achieved;

3 (B) a description of the strategies that con4 tributed to achieving the goals;

5 (C) to the extent to which the goals were not

6 achieved, a description of factors that impeded

7 the achievement;

8 (D) separate information on the self-advo9 cacy goal described in section 124(c)(4)(A)(ii);

10 (E)(i) as appropriate, an update on the re11 sults of the comprehensive review and analysis

12 described in section 124(c)(3); and

13 (ii) information on consumer satisfaction

14 with Council supported or conducted activities;

15 (F)(i) a description of the adequacy of

16 health care and other services, supports, and as17 sistance that individuals with developmental dis18 abilities in Intermediate Care Facilities (Mental

19 Retardation) receive; and

20 (ii) a description of the adequacy of health

21 care and other services, supports, and assistance

22 that individuals with developmental disabilities

23 served through home and community-based waiv24 ers (authorized under section 1915(c) of the So25 cial Security Act (42 U.S.C. 1396n(c)) receive;
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•S 1809 RS

1 (G) an accounting of the manner in which

2 funds paid to the State under this subtitle for a

3 fiscal year were expended;

4 (H) a description of—

5 (i) resources made available to carry

6 out activities to assist individuals with de7 velopmental disabilities that are directly at8 tributable to Council actions; and

9 (ii) resources made available for such

10 activities that are undertaken by the Coun11 cil in collaboration with other entities; and

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

13 Council will widely disseminate the annual re14 port to affected constituencies and the general

15 public and will assure that the report is avail16 able in accessible formats.

17 (8) BUDGET.—Each Council shall prepare, ap18 prove, and implement a budget using amounts paid

19 to the State under this subtitle to fund and imple20 ment all programs, projects, and activities carried out

21 under this subtitle, including—

22 (A)(i) conducting such hearings and forums

23 as the Council may determine to be necessary to

24 carry out the duties of the Council; and

25 (ii) as determined in Council policy—
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•S 1809 RS

1 (I) reimbursing members of the Coun2 cil for reasonable and necessary expenses

3 (including expenses for child care and per4 sonal assistance services) for attending

5 Council meetings and performing Council

6 duties;

7 (II) paying a stipend to a member of

8 the Council, if such member is not employed

9 or must forfeit wages from other employ10 ment, to attend Council meetings and per11 form other Council duties;

12 (III) supporting Council member and

13 staff travel to authorized training and tech14 nical assistance activities including in-serv15 ice training and leadership development ac16 tivities; and

17 (IV) carrying out appropriate subcon18 tracting activities;

19 (B) hiring and maintaining such numbers

20 and types of staff (qualified by training and ex21 perience) and obtaining the services of such pro22 fessional, consulting, technical, and clerical staff

23 (qualified by training and experience), consistent

24 with State law, as the Council determines to be

25 necessary to carry out the functions of the Coun-
243

•S 1809 RS

1 cil under this subtitle, except that such State

2 shall not apply hiring freezes, reductions in

3 force, prohibitions on travel, or other policies to

4 the staff of the Council, to the extent that such

5 policies would impact the staff or functions fund6 ed with Federal funds, or would prevent the

7 Council from carrying out the functions of the

8 Council under this subtitle; and

9 (C) directing the expenditure of funds for

10 grants, contracts, interagency agreements that

11 are binding contracts, and other activities au12 thorized by the State plan approved under sec13 tion 124.

14 (9) STAFF HIRING AND SUPERVISION.—The

15 Council shall, consistent with State law, recruit and

16 hire a Director of the Council, should the position of

17 Director become vacant, and supervise and annually

18 evaluate the Director. The Director shall hire, super19 vise, and annually evaluate the staff of the Council.

20 Council recruitment, hiring, and dismissal of staff

21 shall be conducted in a manner consistent with Fed22 eral and State nondiscrimination laws. Dismissal of

23 personnel shall be conducted in a manner consistent

24 with State law and personnel policies.
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•S 1809 RS

1 (10) STAFF ASSIGNMENTS.—The staff of the

2 Council, while working for the Council, shall be re3 sponsible solely for assisting the Council in carrying

4 out the duties of the Council under this subtitle and

5 shall not be assigned duties by the designated State

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

7 (11) CONSTRUCTION.—Nothing in this title shall

8 be construed to authorize a Council to direct, control,

9 or exercise any policymaking authority or adminis10 trative authority over any program assisted under the

11 Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) or

12 the Individuals with Disabilities Education Act (20

13 U.S.C. 1400 et seq.).

14 (d) DESIGNATED STATE AGENCY.—

15 (1) IN GENERAL.—Each State that receives as16 sistance under this subtitle shall designate a State

17 agency that shall, on behalf of the State, provide sup18 port to the Council. After the date of enactment of the

19 Developmental Disabilities Assistance and Bill of

20 Rights Act Amendments of 1994 (Public Law 103–

21 230), any designation of a State agency under this

22 paragraph shall be made in accordance with the re23 quirements of this subsection.

24 (2) DESIGNATION.—
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•S 1809 RS

1 (A) TYPE OF AGENCY.—Except as provided

2 in this subsection, the designated State agency

3 shall be—

4 (i) the Council if such Council may be

5 the designated State agency under the laws

6 of the State;

7 (ii) a State agency that does not pro8 vide or pay for services for individuals with

9 developmental disabilities; or

10 (iii) a State office, including the im11 mediate office of the Governor of the State

12 or a State planning office.

13 (B) CONDITIONS FOR CONTINUATION OF

14 STATE SERVICE AGENCY DESIGNATION.—

15 (i) DESIGNATION BEFORE ENACT16 MENT.—If a State agency that provides or

17 pays for services for individuals with devel18 opmental disabilities was a designated

19 State agency for purposes of part B of the

20 Developmental Disabilities Assistance and

21 Bill of Rights Act on the date of enactment

22 of the Developmental Disabilities Assistance

23 and Bill of Rights Act Amendments of 1994,

24 and the Governor of the State (or the legis25 lature, where appropriate and in accord-
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•S 1809 RS

1 ance with State law) determines prior to

2 June 30, 1994, not to change the designa3 tion of such agency, such agency may con4 tinue to be a designated State agency for

5 purposes of this subtitle.

6 (ii) CRITERIA FOR CONTINUED DES7 IGNATION.—The determination, at the dis8 cretion of the Governor (or the legislature,

9 as the case may be), shall be made after—

10 (I) the Governor has considered

11 the comments and recommendations of

12 the general public and a majority of

13 the non-State agency members of the

14 Council with respect to the designation

15 of such State agency; and

16 (II) the Governor (or the legisla17 ture, as the case may be) has made an

18 independent assessment that the des19 ignation of such agency will not inter20 fere with the budget, personnel, prior21 ities, or other action of the Council,

22 and the ability of the Council to serve

23 as an independent advocate for indi24 viduals with developmental disabilities.
247

•S 1809 RS

1 (C) REVIEW OF DESIGNATION.—The Coun2 cil may request a review of and change in the

3 designation of the designated State agency by the

4 Governor (or the legislature, as the case may be).

5 The Council shall provide documentation con6 cerning the reason the Council desires a change

7 to be made and make a recommendation to the

8 Governor (or the legislature, as the case may be)

9 regarding a preferred designated State agency.

10 (D) APPEAL OF DESIGNATION.—After the

11 review is completed under subparagraph (C), a

12 majority of the non-State agency members of the

13 Council may appeal to the Secretary for a re14 view of and change in the designation of the des15 ignated State agency if the ability of the Council

16 to serve as an independent advocate is not as17 sured because of the actions or inactions of the

18 designated State agency.

19 (3) RESPONSIBILITIES.—

20 (A) IN GENERAL.—The designated State

21 agency shall, on behalf of the State, have the re22 sponsibilities described in subparagraphs (B)

23 through (G).

24 (B) SUPPORT SERVICES.—The designated

25 State agency shall provide required assurances
248

•S 1809 RS

1 and support services as requested by and nego2 tiated with the Council.

3 (C) FISCAL RESPONSIBILITIES.—The des4 ignated State agency shall—

5 (i) receive, account for, and disburse

6 funds under this subtitle based on the State

7 plan required in section 124; and

8 (ii) provide for such fiscal control and

9 fund accounting procedures as may be nec10 essary to assure the proper disbursement of,

11 and accounting for, funds paid to the State

12 under this subtitle.

13 (D) RECORDS, ACCESS, AND FINANCIAL RE14 PORTS.—The designated State agency shall keep

15 and provide access to such records as the Sec16 retary and the Council may determine to be nec17 essary. The designated State agency, if other

18 than the Council, shall provide timely financial

19 reports at the request of the Council regarding

20 the status of expenditures, obligations, and liq21 uidation by the agency or the Council, and the

22 use of the Federal and non-Federal shares de23 scribed in section 126, by the agency or the

24 Council.
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•S 1809 RS

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

2 State agency, if other than the Council, shall

3 provide the required non-Federal share described

4 in section 126(c).

5 (F) ASSURANCES.—The designated State

6 agency shall assist the Council in obtaining the

7 appropriate State plan assurances and in ensur8 ing that the plan is consistent with State law.

9 (G) MEMORANDUM OF UNDERSTANDING.—

10 On the request of the Council, the designated

11 State agency shall enter into a memorandum of

12 understanding with the Council delineating the

13 roles and responsibilities of the designated State

14 agency.

15 (4) USE OF FUNDS FOR DESIGNATED STATE

16 AGENCY RESPONSIBILITIES.—

17 (A) CONDITION FOR FEDERAL FUNDING.—

18 (i) IN GENERAL.—The Secretary shall

19 provide amounts to a State under section

20 124(c)(5)(B)(vi) for a fiscal year only if the

21 State expends an amount from State

22 sources for carrying out the responsibilities

23 of the designated State agency under para24 graph (3) for the fiscal year that is not less

25 than the total amount the State expended
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•S 1809 RS

1 from such sources for carrying out similar

2 responsibilities for the previous fiscal year.

3 (ii) EXCEPTION.—Clause (i) shall not

4 apply in a year in which the Council is the

5 designated State agency.

6 (B) SUPPORT SERVICES PROVIDED BY

7 OTHER AGENCIES.—With the agreement of the

8 designated State agency, the Council may use or

9 contract with agencies other than the designated

10 State agency to perform the functions of the des11 ignated State agency.

12 SEC. 126. FEDERAL AND NON-FEDERAL SHARE.

13 (a) AGGREGATE COST.—

14 (1) IN GENERAL.—Except as provided in para15 graphs (2) and (3), the Federal share of the cost of

16 all projects in a State supported by an allotment to

17 the State under this subtitle may not be more than

18 75 percent of the aggregate necessary cost of such

19 projects, as determined by the Secretary.

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

21 case of projects whose activities or products target in22 dividuals with developmental disabilities who live in

23 urban or rural poverty areas, as determined by the

24 Secretary, the Federal share of the cost of all such

25 projects may not be more than 90 percent of the ag-
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1 gregate necessary cost of such projects, as determined

2 by the Secretary.

3 (3) STATE PLAN ACTIVITIES.—In the case of

4 projects undertaken by the Council or Council staff to

5 implement State plan activities, the Federal share of

6 the cost of all such projects may be not more than 100

7 percent of the aggregate necessary cost of such activi8 ties.

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

10 any State’s Federal share of the cost of such projects in11 curred by such State under a State plan approved under

12 section 124, the Secretary shall not consider—

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

14 Federal funds provided under any provision of law

15 other than section 122; and

16 (2) the amount of any non-Federal funds re17 quired to be expended as a condition of receipt of the

18 Federal funds described in paragraph (1).

19 (c) NON-FEDERAL SHARE.—

20 (1) IN-KIND CONTRIBUTIONS.—The non-Federal

21 share of the cost of any project supported by an allot22 ment under this subtitle may be provided in cash or

23 in kind, fairly evaluated, including plant, equipment,

24 or services.
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1 (2) CONTRIBUTIONS OF POLITICAL SUBDIVISIONS

2 AND PUBLIC OR PRIVATE ENTITIES.—

3 (A) IN GENERAL.—Contributions to projects

4 by a political subdivision of a State or by a pub5 lic or private entity under an agreement with

6 the State shall, subject to such limitations and

7 conditions as the Secretary may by regulation

8 prescribe under section 104(b), be considered to

9 be contributions by such State, in the case of a

10 project supported under this subtitle.

11 (B) STATE CONTRIBUTIONS.—State con12 tributions, including contributions by the des13 ignated State agency to provide support services

14 to the Council pursuant to section 125(d)(4),

15 may be counted as part of such State’s non-Fed16 eral share of the cost of projects supported under

17 this subtitle.

18 (3) VARIATIONS OF THE NON-FEDERAL SHARE.—

19 The non-Federal share required of each recipient of a

20 grant from a Council under this subtitle may vary.

21 SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING, AD22 MINISTRATION, AND SERVICES.

23 Whenever the Secretary, after providing reasonable no24 tice and an opportunity for a hearing to the Council and

25 the designated State agency, finds that—
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1 (1) the Council or agency has failed to comply

2 substantially with any of the provisions required by

3 section 124 to be included in the State plan, particu4 larly provisions required by paragraphs (4)(A) and

5 (5)(B)(vii) of section 124(c), or with any of the provi6 sions required by section 125(b)(3); or

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

8 substantially with any regulations of the Secretary

9 that are applicable to this subtitle,

10 the Secretary shall notify such Council and agency that the

11 Secretary will not make further payments to the State

12 under section 122 (or, in the discretion of the Secretary,

13 that further payments to the State under section 122 for

14 activities for which there is such failure), until the Sec15 retary is satisfied that there will no longer be such failure.

16 Until the Secretary is so satisfied, the Secretary shall make

17 no further payments to the State under section 122, or shall

18 limit further payments under section 122 to such State to

19 activities for which there is no such failure.

20 SEC. 128. APPEALS BY STATES.

21 (a) APPEAL.—If any State is dissatisfied with the Sec22 retary’s action under section 124(d)(3) or 127, such State

23 may appeal to the United States court of appeals for the

24 circuit in which such State is located, by filing a petition

25 with such court not later than 60 days after such action.
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1 (b) FILING.—The clerk of the court shall transmit

2 promptly a copy of the petition to the Secretary, or any

3 officer designated by the Secretary for that purpose. The

4 Secretary shall file promptly with the court the record of

5 the proceedings on which the Secretary based the action,

6 as provided in section 2112 of title 28, United States Code.

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

8 court shall have jurisdiction to affirm the action of the Sec9 retary or to set the action aside, in whole or in part, tempo10 rarily or permanently. Until the filing of the record, the

11 Secretary may modify or set aside the order of the Secretary

12 relating to the action.

13 (d) FINDINGS AND REMAND.—The findings of the Sec14 retary about the facts, if supported by substantial evidence,

15 shall be conclusive, but the court, for good cause shown, may

16 remand the case involved to the Secretary for further pro17 ceedings to take further evidence. On remand, the Secretary

18 may make new or modified findings of fact and may modify

19 the previous action of the Secretary, and shall file with the

20 court the record of the further proceedings. Such new or

21 modified findings of fact shall likewise be conclusive if sup22 ported by substantial evidence.

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

24 setting aside, in whole or in part, any action of the Sec25 retary shall be final, subject to review by the Supreme Court
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1 of the United States upon certiorari or certification as pro2 vided in section 1254 of title 28, United States Code.

3 (f) EFFECT.—The commencement of proceedings under

4 this section shall not, unless so specifically ordered by a

5 court, operate as a stay of the Secretary’s action.

6 SEC. 129. AUTHORIZATION OF APPROPRIATIONS.

7 (a) FUNDING FOR STATE ALLOTMENTS.—Except as

8 described in subsection (b), there are authorized to be appro9 priated for allotments under section 122 $76,000,000 for fis10 cal year 2000 and such sums as may be necessary for each

11 of fiscal years 2001 through 2006.

12 (b) RESERVATION FOR TECHNICAL ASSISTANCE.—

13 (1) LOWER APPROPRIATION YEARS.—For any

14 fiscal year for which the amount appropriated under

15 subsection (a) is less than $76,000,000, the Secretary

16 shall reserve funds in accordance with section 163(c)

17 to provide technical assistance to entities funded

18 under this subtitle.

19 (2) HIGHER APPROPRIATION YEARS.—For any

20 fiscal year for which the amount appropriated under

21 subsection (a) is not less than $76,000,000, the Sec22 retary shall reserve not less than $300,000 and not

23 more than 1 percent of the amount appropriated

24 under subsection (a) to provide technical assistance to

25 entities funded under this subtitle.
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1 Subtitle C—Protection and

2 Advocacy of Individual Rights

3 SEC. 141. PURPOSE.

4 The purpose of this subtitle is to provide for allotments

5 to support a protection and advocacy system (referred to

6 in this subtitle as a ‘‘system’’) in each State to protect the

7 legal and human rights of individuals with developmental

8 disabilities in accordance with this subtitle.

9 SEC. 142. ALLOTMENTS AND PAYMENTS.

10 (a) ALLOTMENTS.—

11 (1) IN GENERAL.—To assist States in meeting

12 the requirements of section 143(a), the Secretary shall

13 allot to the States the amounts appropriated under

14 section 145 and not reserved under paragraph (6). Al15 lotments and reallotments of such sums shall be made

16 on the same basis as the allotments and reallotments

17 are made under subsections (a)(1)(A) and (e) of sec18 tion 122, except as provided in paragraph (2).

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

20 which—

21 (A) the total amount appropriated under

22 section 145 for a fiscal year is not less than

23 $20,000,000, the allotment under paragraph (1)

24 for such fiscal year—
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1 (i) to each of American Samoa, Guam,

2 the United States Virgin Islands, and the

3 Commonwealth of the Northern Mariana Is4 lands may not be less than $107,000; and

5 (ii) to any State not described in

6 clause (i) may not be less than $200,000; or

7 (B) the total amount appropriated under

8 section 145 for a fiscal year is less than

9 $20,000,000, the allotment under paragraph (1)

10 for such fiscal year—

11 (i) to each of American Samoa, Guam,

12 the United States Virgin Islands, and the

13 Commonwealth of the Northern Mariana Is14 lands may not be less than $80,000; and

15 (ii) to any State not described in

16 clause (i) may not be less than $150,000.

17 (3) REDUCTION OF ALLOTMENT.—Notwith18 standing paragraphs (1) and (2), if the aggregate of

19 the amounts to be allotted to the States pursuant to

20 such paragraphs for any fiscal year exceeds the total

21 amount appropriated for such allotments under sec22 tion 145 for such fiscal year, the amount to be allot23 ted to each State for such fiscal year shall be propor24 tionately reduced.
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1 (4) INCREASE IN ALLOTMENTS.—In any year in

2 which the total amount appropriated under section

3 145 for a fiscal year exceeds the total amount appro4 priated under such section (or a corresponding provi5 sion) for the preceding fiscal year by a percentage

6 greater than the most recent percentage change in the

7 Consumer Price Index published by the Secretary of

8 Labor under section 100(c)(1) of the Rehabilitation

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

10 change indicates an increase), the Secretary shall in11 crease each of the minimum allotments described in

12 subparagraphs (A) and (B) of paragraph (2). The

13 Secretary shall increase each minimum allotment by

14 an amount that bears the same ratio to the amount

15 of such minimum allotment (including any increases

16 in such minimum allotment under this paragraph (or

17 a corresponding provision) for prior fiscal years) as

18 the amount that is equal to the difference between—

19 (A) the total amount appropriated under

20 section 145 for the fiscal year for which the in21 crease in the minimum allotment is being made;

22 minus

23 (B) the total amount appropriated under

24 section 145 (or a corresponding provision) for

25 the immediately preceding fiscal year,
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1 bears to the total amount appropriated under section

2 145 (or a corresponding provision) for such preceding

3 fiscal year.

4 (5) MONITORING THE ADMINISTRATION OF THE

5 SYSTEM.—In a State in which the system is housed

6 in a State agency, the State may use not more than

7 5 percent of any allotment under this subsection for

8 the costs of monitoring the administration of the sys9 tem required under section 143(a).

10 (6) TECHNICAL ASSISTANCE AND AMERICAN IN11 DIAN CONSORTIUM.—In any case in which the total

12 amount appropriated under section 145 for a fiscal

13 year is more than $24,500,000, the Secretary shall—

14 (A) use not more than 2 percent of the

15 amount appropriated to provide technical assist16 ance to eligible systems with respect to activities

17 carried out under this subtitle (consistent with

18 requests by such systems for such assistance for

19 the year); and

20 (B) provide a grant in accordance with sec21 tion 143(b), and in an amount described in

22 paragraph (2)(A)(i), to an American Indian

23 consortium to provide protection and advocacy

24 services.
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1 (b) PAYMENT TO SYSTEMS.—Notwithstanding any

2 other provision of law, the Secretary shall pay directly to

3 any system in a State that complies with the provisions

4 of this subtitle the amount of the allotment made for the

5 State under this section, unless the system specifies other6 wise.

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

8 system under this subtitle for a fiscal year and remaining

9 unobligated at the end of such year shall remain available

10 to such system for the next fiscal year, for the purposes for

11 which such amount was paid.

12 SEC. 143. SYSTEM REQUIRED.

13 (a) SYSTEM REQUIRED.—In order for a State to re14 ceive an allotment under subtitle B or this subtitle—

15 (1) the State shall have in effect a system to pro16 tect and advocate the rights of individuals with devel17 opmental disabilities;

18 (2) such system shall—

19 (A) have the authority to—

20 (i) pursue legal, administrative, and

21 other appropriate remedies or approaches to

22 ensure the protection of, and advocacy for,

23 the rights of such individuals within the

24 State who are or who may be eligible for

25 treatment, services, or habilitation, or who
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1 are being considered for a change in living

2 arrangements, with particular attention to

3 members of ethnic and racial minority

4 groups; and

5 (ii) provide information on and refer6 ral to programs and services addressing the

7 needs of individuals with developmental dis8 abilities;

9 (B) have the authority to investigate inci10 dents of abuse and neglect of individuals with

11 developmental disabilities if the incidents are re12 ported to the system or if there is probable cause

13 to believe that the incidents occurred;

14 (C) on an annual basis, develop, submit to

15 the Secretary, and take action with regard to

16 goals (each of which is related to 1 or more areas

17 of emphasis) and priorities, developed through

18 data driven strategic planning, for the system’s

19 activities;

20 (D) on an annual basis, provide to the pub21 lic, including individuals with developmental

22 disabilities attributable to either physical im23 pairment, mental impairment, or a combination

24 of physical and mental impairment, and their

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

2 Developmental Disabilities, and Centers, in the

3 State, an opportunity to comment on—

4 (i) the goals and priorities established

5 by the system and the rationale for the es6 tablishment of such goals; and

7 (ii) the activities of the system, includ8 ing the coordination of services with the en9 tities carrying out advocacy programs

10 under the Rehabilitation Act of 1973 (29

11 U.S.C. 701 et seq.), the Older Americans

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

13 the Protection and Advocacy for Mentally

14 Ill Individuals Act of 1986 (42 U.S.C.

15 10801 et seq.), and with entities carrying

16 out other related programs, including the

17 parent training and information centers

18 funded under the Individuals with Disabil19 ities Education Act (20 U.S.C. 1400 et

20 seq.), and activities authorized under sec21 tion 101 or 102 of the Assistive Technology

22 Act of 1998 (29 U.S.C. 3011, 3012);

23 (E) establish a grievance procedure for cli24 ents or prospective clients of the system to ensure
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1 that individuals with developmental disabilities

2 have full access to services of the system;

3 (F) not be administered by the State Coun4 cil on Developmental Disabilities;

5 (G) be independent of any agency that pro6 vides treatment, services, or habilitation to indi7 viduals with developmental disabilities;

8 (H) have access at reasonable times to any

9 individual with a developmental disability in a

10 location in which services, supports, and other

11 assistance are provided to such an individual, in

12 order to carry out the purpose of this subtitle;

13 (I) have access to all records of—

14 (i) any individual with a develop15 mental disability who is a client of the sys16 tem if such individual, or the legal guard17 ian, conservator, or other legal representa18 tive of such individual, has authorized the

19 system to have such access;

20 (ii) any individual with a develop21 mental disability, in a situation in which—

22 (I) the individual, by reason of

23 such individual’s mental or physical

24 condition, is unable to authorize the

25 system to have such access;
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1 (II) the individual does not have

2 a legal guardian, conservator, or other

3 legal representative, or the legal guard4 ian of the individual is the State; and

5 (III) a complaint has been re6 ceived by the system about the indi7 vidual with regard to the status or

8 treatment of the individual or, as a re9 sult of monitoring or other activities,

10 there is probable cause to believe that

11 such individual has been subject to

12 abuse or neglect; and

13 (iii) any individual with a develop14 mental disability, in a situation in which—

15 (I) the individual has a legal

16 guardian, conservator, or other legal

17 representative;

18 (II) a complaint has been received

19 by the system about the individual

20 with regard to the status or treatment

21 of the individual or, as a result of

22 monitoring or other activities, there is

23 probable cause to believe that such in24 dividual has been subject to abuse or

25 neglect;
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1 (III) such representative has been

2 contacted by such system, upon receipt

3 of the name and address of such rep4 resentative;

5 (IV) such system has offered as6 sistance to such representative to re7 solve the situation; and

8 (V) such representative has failed

9 or refused to act on behalf of the indi10 vidual;

11 (J)(i) have access to the records of individ12 uals described in subparagraphs (B) and (I),

13 and other records that are relevant to conducting

14 an investigation, under the circumstances de15 scribed in those subparagraphs, not later than 3

16 business days after the system makes a written

17 request for the records involved; and

18 (ii) have immediate access, not later than

19 24 hours after the system makes such a request,

20 to the records without consent from another

21 party, in a situation in which services, supports,

22 and other assistance are provided to an indi23 vidual with a developmental disability—

24 (I) if the system determines there is

25 probable cause to believe that the health or
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1 safety of the individual is in serious and

2 immediate jeopardy; or

3 (II) in any case of death of an indi4 vidual with a developmental disability;

5 (K) hire and maintain sufficient numbers

6 and types of staff (qualified by training and ex7 perience) to carry out such system’s functions,

8 except that the State involved shall not apply

9 hiring freezes, reductions in force, prohibitions

10 on travel, or other policies to the staff of the sys11 tem, to the extent that such policies would im12 pact the staff or functions of the system funded

13 with Federal funds or would prevent the system

14 from carrying out the functions of the system

15 under this subtitle;

16 (L) have the authority to educate policy17 makers; and

18 (M) provide assurances to the Secretary

19 that funds allotted to the State under section 142

20 will be used to supplement, and not supplant,

21 the non-Federal funds that would otherwise be

22 made available for the purposes for which the al23 lotted funds are provided;

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

25 the State shall provide to the system—
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1 (A) a copy of each independent review, pur2 suant to section 1902(a)(30)(C) of the Social Se3 curity Act (42 U.S.C. 1396a(a)(30)(C)), of an

4 Intermediate Care Facility (Mental Retardation)

5 within the State, not later than 30 days after the

6 availability of such a review; and

7 (B) information about the adequacy of

8 health care and other services, supports, and as9 sistance that individuals with developmental dis10 abilities who are served through home and com11 munity-based waivers (authorized under section

12 1915(c) of the Social Security Act (42 U.S.C.

13 1396n(c))) receive; and

14 (4) the agency implementing the system shall not

15 be redesignated unless—

16 (A) there is good cause for the redesigna17 tion;

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

19 the intention to make such redesignation, includ20 ing notice regarding the good cause for such re21 designation, and given the agency an oppor22 tunity to respond to the assertion that good cause

23 has been shown;

24 (C) the State has given timely notice and

25 an opportunity for public comment in an acces-
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1 sible format to individuals with developmental

2 disabilities or their representatives; and

3 (D) the system has an opportunity to ap4 peal the redesignation to the Secretary, on the

5 basis that the redesignation was not for good

6 cause.

7 (b) AMERICAN INDIAN CONSORTIUM.—Upon applica8 tion to the Secretary, an American Indian consortium es9 tablished to provide protection and advocacy services under

10 this subtitle, shall receive funding pursuant to section

11 142(a)(6) to provide the services. Such consortium shall be

12 considered to be a system for purposes of this subtitle and

13 shall coordinate the services with other systems serving the

14 same geographic area. The tribal council that designates the

15 consortium shall carry out the responsibilities and exercise

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

17 regard to the consortium.

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

19 includes—

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

21 any location at which services, supports, or other as22 sistance is provided to individuals with develop23 mental disabilities;

24 (2) a report prepared by an agency or staff per25 son charged with investigating reports of incidents of
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1 abuse or neglect, injury, or death occurring at such

2 location, that describes such incidents and the steps

3 taken to investigate such incidents; and

4 (3) a discharge planning record.

5 SEC. 144. ADMINISTRATION.

6 (a) GOVERNING BOARD.—In a State in which the sys7 tem described in section 143 is organized as a private non8 profit entity with a multimember governing board, or a

9 public system with a multimember governing board, such

10 governing board shall be selected according to the policies

11 and procedures of the system, except that—

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

13 members who broadly represent or are knowledgeable

14 about the needs of the individuals served by the sys15 tem;

16 (B) a majority of the members of the board shall

17 be—

18 (i) individuals with disabilities, including

19 individuals with developmental disabilities, who

20 are eligible for services, or have received or are

21 receiving services through the system; or

22 (ii) parents, family members, guardians,

23 advocates, or authorized representatives of indi24 viduals referred to in clause (i); and
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1 (C) the board may include a representative of the

2 State Council on Developmental Disabilities, the Cen3 ters in the State, and the self-advocacy organization

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

(2) not more than 1 5 ⁄3 of the members of the gov6 erning board may be appointed by the chief executive

7 officer of the State involved, in the case of any State

8 in which such officer has the authority to appoint

9 members of the board;

10 (3) the membership of the governing board shall

11 be subject to term limits set by the system to ensure

12 rotating membership;

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

14 later than 60 days after the date on which the va15 cancy occurs; and

16 (5) in a State in which the system is organized

17 as a public system without a multimember governing

18 or advisory board, the system shall establish an advi19 sory council—

20 (A) that shall advise the system on policies

21 and priorities to be carried out in protecting

22 and advocating the rights of individuals with de23 velopmental disabilities; and

24 (B) on which a majority of the members

25 shall be—
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1 (i) individuals with developmental dis2 abilities who are eligible for services, or

3 have received or are receiving services,

4 through the system; or

5 (ii) parents, family members, guard6 ians, advocates, or authorized representa7 tives of individuals referred to in clause (i).

8 (b) LEGAL ACTION.—

9 (1) IN GENERAL.—Nothing in this title shall pre10 clude a system from bringing a suit on behalf of indi11 viduals with developmental disabilities against a

12 State, or an agency or instrumentality of a State.

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

14 amount received pursuant to a suit described in para15 graph (1) through a court judgment may only be used

16 by the system to further the purpose of this subtitle

17 and shall not be used to augment payments to legal

18 contractors or to award personal bonuses.

19 (3) LIMITATION.—The system shall use assist20 ance provided under this subtitle in a manner con21 sistent with section 5 of the Assisted Suicide Funding

22 Restriction Act of 1997 (42 U.S.C. 14404).

23 (c) DISCLOSURE OF INFORMATION.—For purposes of

24 any periodic audit, report, or evaluation required under

25 this subtitle, the Secretary shall not require an entity car-
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1 rying out a program to disclose the identity of, or any other

2 personally identifiable information related to, any indi3 vidual requesting assistance under such program.

4 (d) PUBLIC NOTICE OF FEDERAL ONSITE REVIEW.—

5 The Secretary shall provide advance public notice of any

6 Federal programmatic or administrative onsite review of

7 a system conducted under this subtitle and solicit public

8 comment on the system through such notice. The Secretary

9 shall prepare an onsite visit report containing the results

10 of such review, which shall be distributed to the Governor

11 of the State and to other interested public and private par12 ties. The comments received in response to the public com13 ment solicitation notice shall be included in the onsite visit

14 report.

15 (e) REPORTS.—Beginning in fiscal year 2001, each

16 system established in a State pursuant to this subtitle shall

17 annually prepare and transmit to the Secretary a report

18 that describes the activities, accomplishments, and expendi19 tures of the system during the preceding fiscal year, includ20 ing a description of the system’s goals, the extent to which

21 the goals were achieved, barriers to their achievement, the

22 process used to obtain public input, the nature of such

23 input, and how such input was used.
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1 SEC. 145. AUTHORIZATION OF APPROPRIATIONS.

2 For allotments under section 142, there are authorized

3 to be appropriated $32,000,000 for fiscal year 2000 and

4 such sums as may be necessary for each of fiscal years 2001

5 through 2006.

6 Subtitle D—National Network of

7 University Centers for Excellence

8 in Developmental Disabilities

9 Education, Research, and Serv10 ice

11 SEC. 151. GRANT AUTHORITY.

12 (a) NATIONAL NETWORK.—From appropriations au13 thorized under section 156(a)(1), the Secretary shall make

14 5-year grants to entities in each State designated as Uni15 versity Centers for Excellence in Developmental Disabilities

16 Education, Research, and Service to carry out activities de17 scribed in section 153(a).

18 (b) NATIONAL TRAINING INITIATIVES.—From appro19 priations authorized under section 156(a)(1) and reserved

20 under section 156(a)(2), the Secretary shall make grants to

21 Centers to carry out activities described in section 153(b).

22 (c) TECHNICAL ASSISTANCE.—From appropriations

23 authorized under section 156(a)(1) and reserved under sec24 tion 156(a)(3) (or from funds reserved under section 163,

25 as appropriate), the Secretary shall enter into 1 or more
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1 cooperative agreements or contracts for the purpose of pro2 viding technical assistance described in section 153(c).

3 SEC. 152. GRANT AWARDS.

4 (a) EXISTING CENTERS.—

5 (1) IN GENERAL.—In awarding and distributing

6 grant funds under section 151(a) for a fiscal year, the

7 Secretary, subject to the availability of appropria8 tions and the condition specified in subsection (d),

9 shall award and distribute grant funds in equal

10 amounts of $500,000 (adjusted in accordance with

11 subsection (b)), to each Center that existed during the

12 preceding fiscal year and that meets the requirements

13 of this subtitle, prior to making grants under sub14 section (c) or (d).

15 (2) REDUCTION OF AWARD.—Notwithstanding

16 paragraph (1), if the aggregate of the funds to be

17 awarded to the Centers pursuant to paragraph (1) for

18 any fiscal year exceeds the total amount appropriated

19 under section 156 for such fiscal year, the amount to

20 be awarded to each Center for such fiscal year shall

21 be proportionately reduced.

22 (b) ADJUSTMENTS.—Subject to the availability of ap23 propriations, for any fiscal year following a year in which

24 each Center described in subsection (a) received a grant

25 award of not less than $500,000 under subsection (a) (ad-
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1 justed in accordance with this subsection), the Secretary

2 shall adjust the awards to take into account the most recent

3 percentage change in the Consumer Price Index published

4 by the Secretary of Labor under section 100(c)(1) of the

5 Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the per6 centage change indicates an increase), prior to making

7 grants under subsection (c) or (d).

8 (c) NATIONAL TRAINING INITIATIVES ON CRITICAL AND

9 EMERGING NEEDS.—Subject to the availability of appro10 priations, for any fiscal year in which each Center de11 scribed in subsection (a) receives a grant award of not less

12 than $500,000, under subsection (a) (adjusted in accord13 ance with subsection (b)), after making the grant awards,

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

15 Centers to pay for the Federal share of the cost of training

16 initiatives related to the unmet needs of individuals with

17 developmental disabilities and their families, as described

18 in section 153(b).

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

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

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

22 (adjusted in accordance with subsection (b)), after making

23 the grant awards, the Secretary may make grants under

24 section 151(a) for activities described in section 153(a) to

25 additional Centers, or additional grants to Centers, for
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1 States or populations that are unserved or underserved by

2 Centers due to such factors as—

3 (1) population;

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

5 or

6 (3) a high concentration of unserved or under7 served populations.

8 SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES.

9 (a) NATIONAL NETWORK OF UNIVERSITY CENTERS

10 FOR EXCELLENCE IN DEVELOPMENTAL DISABILITIES EDU11 CATION, RESEARCH, AND SERVICE.—

12 (1) IN GENERAL.—In order to provide leadership

13 in, advise Federal, State, and community policy14 makers about, and promote opportunities for individ15 uals with developmental disabilities to exercise self-de16 termination, be independent, be productive, and be

17 integrated and included in all facets of community

18 life, the Secretary shall award grants to eligible enti19 ties designated as Centers in each State to pay for the

20 Federal share of the cost of the administration and

21 operation of the Centers. The Centers shall be inter22 disciplinary education, research, and public service

23 units of universities (as defined by the Secretary) or

24 public or not-for-profit entities associated with uni25 versities that engage in core functions, described in
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1 paragraph (2), addressing, directly or indirectly, 1 or

2 more of the areas of emphasis.

3 (2) CORE FUNCTIONS.—The core functions re4 ferred to in paragraph (1) shall include the following:

5 (A) Provision of interdisciplinary pre-serv6 ice preparation and continuing education of stu7 dents and fellows, which may include the prepa8 ration and continuing education of leadership,

9 direct service, clinical, or other personnel to

10 strengthen and increase the capacity of States

11 and communities to achieve the purpose of this

12 title.

13 (B) Provision of community services—

14 (i) that provide training or technical

15 assistance for individuals with develop16 mental disabilities, their families, profes17 sionals, paraprofessionals, policymakers,

18 students, and other members of the commu19 nity; and

20 (ii) that may provide services, sup21 ports, and assistance for the persons de22 scribed in clause (i) through demonstration

23 and model activities.

24 (C) Conduct of research, which may include

25 basic or applied research, evaluation, and the
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1 analysis of public policy in areas that affect or

2 could affect, either positively or negatively, indi3 viduals with developmental disabilities and their

4 families.

5 (D) Dissemination of information related to

6 activities undertaken to address the purpose of

7 this title, especially dissemination of information

8 that demonstrates that the network authorized

9 under this subtitle is a national and inter10 national resource that includes specific sub11 stantive areas of expertise that may be accessed

12 and applied in diverse settings and cir13 cumstances.

14 (b) NATIONAL TRAINING INITIATIVES ON CRITICAL

15 AND EMERGING NEEDS.—

16 (1) SUPPLEMENTAL GRANTS.—After consultation

17 with relevant, informed sources, including individuals

18 with developmental disabilities and their families, the

19 Secretary shall award, under section 151(b), supple20 mental grants to Centers to pay for the Federal share

21 of the cost of training initiatives related to the unmet

22 needs of individuals with developmental disabilities

23 and their families. The Secretary shall make the

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

25 more than 5 years.
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1 (2) ESTABLISHMENT OF CONSULTATION PROCESS

2 BY THE SECRETARY.—Not later than 1 year after the

3 date of enactment of this Act, the Secretary shall es4 tablish a consultation process that, on an ongoing

5 basis, allows the Secretary to identify and address,

6 through supplemental grants authorized under para7 graph (1), training initiatives related to the unmet

8 needs of individuals with developmental disabilities

9 and their families.

10 (c) TECHNICAL ASSISTANCE.—In order to strengthen

11 and support the national network of Centers, the Secretary

12 may enter into 1 or more cooperative agreements or con13 tracts to—

14 (1) assist in national and international dissemi15 nation of specific information from multiple Centers

16 and, in appropriate cases, other entities whose work

17 affects the lives of individuals with developmental dis18 abilities;

19 (2) compile, analyze, and disseminate state-of20 the-art training, research, and demonstration results

21 policies, and practices from multiple Centers and, in

22 appropriate cases, other entities whose work affects

23 the lives of persons with developmental disabilities;

24 (3) convene experts from multiple Centers to dis25 cuss and make recommendations with regard to na-
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1 tional emerging needs of individuals with develop2 mental disabilities;

3 (4)(A) develop portals that link users with every

4 Center’s website; and

5 (B) facilitate electronic information sharing

6 using state-of-the-art Internet technologies such as

7 real-time online discussions, multipoint video confer8 encing, and web-based audio/video broadcasts, on

9 emerging topics that impact individuals with disabil10 ities and their families;

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

12 and State policymakers on information concerning

13 and issues impacting individuals with developmental

14 disabilities and entities that assist or serve those indi15 viduals; or

16 (6) undertake any other functions that the Sec17 retary determines to be appropriate;

18 to promote the viability and use of the resources and exper19 tise of the Centers nationally and internationally.

20 SEC. 154. APPLICATIONS.

21 (a) APPLICATIONS FOR CORE CENTER GRANTS.—

22 (1) IN GENERAL.—To be eligible to receive a

23 grant under section 151(a) for a Center, an entity

24 shall submit to the Secretary, and obtain approval of,

25 an application at such time, in such manner, and
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1 containing such information, as the Secretary may

2 require.

3 (2) APPLICATION CONTENTS.—Each application

4 described in paragraph (1) shall describe a 5-year

5 plan, including a projected goal related to 1 or more

6 areas of emphasis for each of the core functions de7 scribed in section 153(a).

8 (3) ASSURANCES.—The application shall be ap9 proved by the Secretary only if the application con10 tains or is supported by reasonable assurances that

11 the entity designated as the Center will—

12 (A) meet regulatory standards as established

13 by the Secretary for Centers;

14 (B) address the projected goals, and carry

15 out goal-related activities, based on data driven

16 strategic planning and in a manner consistent

17 with the objectives of this subtitle, that—

18 (i) are developed in collaboration with

19 the consumer advisory committee established

20 pursuant to subparagraph (E);

21 (ii) are consistent with, and to the ex22 tent feasible complement and further, the

23 Council goals contained in the State plan

24 submitted under section 124 and the system

25 goals established under section 143; and
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1 (iii) will be reviewed and revised an2 nually as necessary to address emerging

3 trends and needs;

4 (C) use the funds made available through

5 the grant to supplement, and not supplant, the

6 funds that would otherwise be made available for

7 activities described in section 153(a);

8 (D) protect, consistent with the policy speci9 fied in section 101(c) (relating to rights of indi10 viduals with developmental disabilities), the legal

11 and human rights of all individuals with devel12 opmental disabilities (especially those individ13 uals under State guardianship) who are involved

14 in activities carried out under programs assisted

15 under this subtitle;

16 (E) establish a consumer advisory

17 committee—

18 (i) of which a majority of the members

19 shall be individuals with developmental dis20 abilities and family members of such indi21 viduals;

22 (ii) that is comprised of—

23 (I) individuals with develop24 mental disabilities and related disabil25 ities;
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1 (II) family members of individ2 uals with developmental disabilities;

3 (III) a representative of the State

4 protection and advocacy system;

5 (IV) a representative of the State

6 Council on Developmental Disabilities;

7 (V) a representative of a self-advo8 cacy organization described in section

9 124(c)(4)(A)(ii)(I); and

10 (VI) representatives of organiza11 tions that may include parent training

12 and information centers assisted under

13 section 682 or 683 of the Individuals

14 with Disabilities Education Act (20

15 U.S.C. 1482, 1483), entities carrying

16 out activities authorized under section

17 101 or 102 of the Assistive Technology

18 Act of 1998 (29 U.S.C. 3011, 3012),

19 relevant State agencies, and other com20 munity groups concerned with the wel21 fare of individuals with developmental

22 disabilities and their families;

23 (iii) that reflects the racial and ethnic

24 diversity of the State; and

25 (iv) that shall—
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1 (I) consult with the Director of

2 the Center regarding the development

3 of the 5-year plan, and shall partici4 pate in an annual review of, and com5 ment on, the progress of the Center in

6 meeting the projected goals contained

7 in the plan, and shall make rec8 ommendations to the Director of the

9 Center regarding any proposed revi10 sions of the plan that might be nec11 essary; and

12 (II) meet as often as necessary to

13 carry out the role of the committee, but

14 at a minimum twice during each grant

15 year;

16 (F) to the extent possible, utilize the infra17 structure and resources obtained through funds

18 made available under the grant to leverage addi19 tional public and private funds to successfully

20 achieve the projected goals developed in the 5-

21 year plan;

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

23 academic credentials, demonstrated leadership,

24 expertise regarding developmental disabilities,

25 significant experience in managing grants and
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1 contracts, and the ability to leverage public and

2 private funds; and

3 (ii) allocate adequate staff time to carry out

4 activities related to each of the core functions de5 scribed in section 153(a); and

6 (H) educate, and disseminate information

7 related to the purpose of this title to, the legisla8 ture of the State in which the Center is located,

9 and to Members of Congress from such State.

10 (b) SUPPLEMENTAL GRANT APPLICATIONS PER11 TAINING TO NATIONAL TRAINING INITIATIVES IN CRITICAL

12 AND EMERGING NEEDS.—To be eligible to receive a supple13 mental grant under section 151(b), a Center may submit

14 a supplemental application to the Secretary at such time,

15 in such manner, and containing such information as the

16 Secretary may require, pursuant to the terms and condi17 tions set by the Secretary consistent with section 153(b).

18 (c) PEER REVIEW.—

19 (1) IN GENERAL.—The Secretary shall require

20 that all applications submitted under this subtitle be

21 subject to technical and qualitative review by peer re22 view groups established under paragraph (2). The

23 Secretary may approve an application under this

24 subtitle only if such application has been rec25 ommended by a peer review group that has conducted
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1 the peer review required under this paragraph. In

2 conducting the review, the group may conduct onsite

3 visits or inspections of related activities as necessary.

4 (2) ESTABLISHMENT OF PEER REVIEW

5 GROUPS.—

6 (A) IN GENERAL.—The Secretary, acting

7 through the Commissioner of the Administration

8 on Developmental Disabilities, may,

9 notwithstanding—

10 (i) the provisions of title 5, United

11 States Code, concerning appointments to the

12 competitive service; and

13 (ii) the provisions of chapter 51, and

14 subchapter III of chapter 53 of title 5,

15 United States Code, concerning classifica16 tion and General Schedule pay rates;

17 establish such peer review groups and appoint

18 and set the rates of pay of members of such

19 groups.

20 (B) COMPOSITION.—Each peer review group

21 shall include such individuals with disabilities

22 and parents, guardians, or advocates of or for

23 individuals with developmental disabilities, as

24 are necessary to carry out this subsection.
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1 (3) WAIVERS OF APPROVAL.—The Secretary may

2 waive the provisions of paragraph (1) with respect to

3 review and approval of an application if the Sec4 retary determines that exceptional circumstances war5 rant such a waiver.

6 (d) FEDERAL SHARE.—

7 (1) IN GENERAL.—The Federal share of the cost

8 of administration or operation of a Center, or the cost

9 of carrying out a training initiative, supported by a

10 grant made under this subtitle may not be more than

11 75 percent of the necessary cost of such project, as de12 termined by the Secretary.

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

14 case of a project whose activities or products target

15 individuals with developmental disabilities who live

16 in an urban or rural poverty area, as determined by

17 the Secretary, the Federal share of the cost of the

18 project may not be more than 90 percent of the nec19 essary costs of the project, as determined by the Sec20 retary.

21 (3) GRANT EXPENDITURES.—For the purpose of

22 determining the Federal share with respect to the

23 project, expenditures on that project by a political

24 subdivision of a State or by a public or private entity

25 shall, subject to such limitations and conditions as the
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1 Secretary may by regulation prescribe under section

2 104(b), be considered to be expenditures made by a

3 Center under this subtitle.

4 (e) ANNUAL REPORT.—Each Center shall annually

5 prepare and transmit to the Secretary a report

6 containing—

7 (1) information on progress made in achieving

8 the projected goals of the Center for the previous year,

9 including—

10 (A) the extent to which the goals were

11 achieved;

12 (B) a description of the strategies that con13 tributed to achieving the goals;

14 (C) to the extent to which the goals were not

15 achieved, a description of factors that impeded

16 the achievement; and

17 (D) an accounting of the manner in which

18 funds paid to the Center under this subtitle for

19 a fiscal year were expended;

20 (2) information on proposed revisions to the

21 goals; and

22 (3) a description of successful efforts to leverage

23 funds, other than funds made available under this

24 subtitle, to pursue goals consistent with this subtitle.
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1 SEC. 155. DEFINITION.

2 In this subtitle, the term ‘‘State’’ means each of the

3 several States of the United States, the District of Columbia,

4 the Commonwealth of Puerto Rico, the United States Virgin

5 Islands, and Guam.

6 SEC. 156. AUTHORIZATION OF APPROPRIATIONS.

7 (a) AUTHORIZATION AND RESERVATIONS.—

8 (1) AUTHORIZATION.—There are authorized to be

9 appropriated to carry out this subtitle (other than

10 section 153(c)(4)) $30,000,000 for fiscal year 2000

11 and such sums as may be necessary for each of fiscal

12 years 2001 through 2006.

13 (2) RESERVATION FOR TRAINING INITIATIVES.—

14 From any amount appropriated for a fiscal year

15 under paragraph (1) and remaining after each Center

16 described in section 152(a) has received a grant

17 award of not less than $500,000, as described in sec18 tion 152, the Secretary shall reserve funds for the

19 training initiatives authorized under section 153(b).

20 (3) RESERVATION FOR TECHNICAL ASSIST21 ANCE.—

22 (A) YEARS BEFORE APPROPRIATION TRIG23 GER.—For any covered year, the Secretary shall

24 reserve funds in accordance with section 163(c)

25 to fund technical assistance activities under sec26 tion 153(c) (other than section 153(c)(4)).
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1 (B) YEARS AFTER APPROPRIATION TRIG2 GER.—For any fiscal year that is not a covered

3 year, the Secretary shall reserve not less than

4 $300,000 and not more than 2 percent of the

5 amount appropriated under paragraph (1) to

6 fund technical assistance activities under section

7 153(c) (other than section 153(c)(4)).

8 (C) COVERED YEAR.—In this paragraph,

9 the term ‘‘covered year’’ means a fiscal year

10 prior to the first fiscal year for which the

11 amount appropriated under paragraph (1) is

12 not less than $20,000,000.

13 (b) LIMITATION.—The Secretary may not use, for peer

14 review or other activities directly related to peer review con15 ducted under this subtitle—

16 (1) for fiscal year 2000, more than $300,000 of

17 the funds made available under subsection (a); and

18 (2) for any succeeding fiscal year, more than the

19 amount of funds used for the peer review and related

20 activities in fiscal year 2000, adjusted to take into ac21 count the most recent percentage change in the Con22 sumer Price Index published by the Secretary of

23 Labor under section 100(c)(1) of the Rehabilitation

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

25 change indicates an increase).
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1 Subtitle E—Projects of National

2 Significance

3 SEC. 161. PURPOSE.

4 The purpose of this subtitle is to provide grants, con5 tracts, or cooperative agreements for projects of national

6 significance that—

7 (1) create opportunities for individuals with de8 velopmental disabilities to directly and fully con9 tribute to, and participate in, all facets of community

10 life; and

11 (2) support the development of national and

12 State policies that reinforce and promote, with the

13 support of families, guardians, advocates, and com14 munities, of individuals with developmental disabil15 ities, the self-determination, independence, produc16 tivity, and integration and inclusion in all facets of

17 community life of such individuals through—

18 (A) family support activities;

19 (B) data collection and analysis;

20 (C) technical assistance to entities funded

21 under subtitles B and D, subject to the limita22 tions described in sections 129(b), 156(a)(3), and

23 163(c); and
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1 (D) other projects of sufficient size and

2 scope that hold promise to expand or improve

3 opportunities for such individuals, including—

4 (i) projects that provide technical as5 sistance for the development of information

6 and referral systems;

7 (ii) projects that provide technical as8 sistance to self-advocacy organizations of

9 individuals with developmental disabilities;

10 (iii) projects that provide education for

11 policymakers;

12 (iv) Federal interagency initiatives;

13 (v) projects that enhance the participa14 tion of racial and ethnic minorities in pub15 lic and private sector initiatives in develop16 mental disabilities;

17 (vi) projects that provide aid to transi18 tion youth with developmental disabilities

19 from school to adult life, especially in find20 ing employment and postsecondary edu21 cation opportunities and in upgrading and

22 changing any assistive technology devices

23 that may be needed as a youth matures;

24 (vii) initiatives that address the devel25 opment of community quality assurance
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1 systems and the training related to the de2 velopment, implementation, and evaluation

3 of such systems, including training of indi4 viduals with developmental disabilities and

5 their families;

6 (viii) initiatives that address the needs

7 of aging individuals with developmental

8 disabilities and aging caregivers of adults

9 with developmental disabilities in the com10 munity;

11 (ix) initiatives that create greater ac12 cess to and use of generic services systems,

13 community organizations, and associations,

14 and initiatives that assist in community

15 economic development;

16 (x) initiatives that create access to in17 creased living options;

18 (xi) initiatives that address the chal19 lenging behaviors of individuals with devel20 opmental disabilities, including initiatives

21 that promote positive alternatives to the use

22 of restraints and seclusion; and

23 (xii) initiatives that address other

24 areas of emerging need.
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1 SEC. 162. GRANT AUTHORITY.

2 (a) IN GENERAL.—The Secretary shall award grants,

3 contracts, or cooperative agreements to public or private

4 nonprofit entities for projects of national significance relat5 ing to individuals with developmental disabilities to carry

6 out activities described in section 161(2).

7 (b) FEDERAL INTERAGENCY INITIATIVES.—

8 (1) IN GENERAL.—

9 (A) AUTHORITY.—The Secretary may—

10 (i) enter into agreements with Federal

11 agencies to jointly carry out activities de12 scribed in section 161(2) or to jointly carry

13 out activities of common interest related to

14 the objectives of such section; and

15 (ii) transfer to such agencies for such

16 purposes funds appropriated under this

17 subtitle, and receive and use funds from

18 such agencies for such purposes.

19 (B) RELATION TO PROGRAM PURPOSES.—

20 Funds transferred or received pursuant to this

21 paragraph shall be used only in accordance with

22 statutes authorizing the appropriation of such

23 funds. Such funds shall be made available

24 through grants, contracts, or cooperative agree25 ments only to recipients eligible to receive such

26 funds under such statutes.
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1 (C) PROCEDURES AND CRITERIA.—If the

2 Secretary enters into an agreement under this

3 subsection for the administration of a jointly

4 funded project—

5 (i) the agreement shall specify which

6 agency’s procedures shall be used to award

7 grants, contracts, or cooperative agreements

8 and to administer such awards;

9 (ii) the participating agencies may de10 velop a single set of criteria for the jointly

11 funded project, and may require applicants

12 to submit a single application for joint re13 view by such agencies; and

14 (iii) unless the heads of the partici15 pating agencies develop joint eligibility re16 quirements, an applicant for an award for

17 the project shall meet the eligibility require18 ments of each program involved.

19 (2) LIMITATION.—The Secretary may not con20 strue the provisions of this subsection to take prece21 dence over a limitation on joint funding contained in

22 an applicable statute.

23 SEC. 163. AUTHORIZATION OF APPROPRIATIONS.

24 (a) IN GENERAL.—There are authorized to be appro25 priated to carry out the projects specified in this section
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1 $16,000,000 for fiscal year 2000, and such sums as may

2 be necessary for each of fiscal years 2001 through 2006.

3 (b) USE OF FUNDS.—

4 (1) GRANTS, CONTRACTS, AND AGREEMENTS.—

5 Except as provided in paragraph (2), the amount ap6 propriated under subsection (a) for each fiscal year

7 shall be used to award grants, or enter into contracts,

8 cooperative agreements, or other agreements, under

9 section 162.

10 (2) ADMINISTRATIVE COSTS.—Not more than 1

11 percent of the amount appropriated under subsection

12 (a) for each fiscal year may be used to provide for the

13 administrative costs (other than compensation of Fed14 eral employees) of the Administration on Develop15 mental Disabilities for administering this subtitle

16 and subtitles B, C, and D, including monitoring the

17 performance of and providing technical assistance to,

18 entities that receive funds under this title.

19 (c) TECHNICAL ASSISTANCE FOR COUNCILS AND CEN20 TERS.—

21 (1) IN GENERAL.—For each covered year, the

22 Secretary shall expend, to provide technical assistance

23 for entities funded under subtitle B or D, an amount

24 from funds appropriated under subsection (a) that is

25 not less than the amount the Secretary expended on
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1 technical assistance for entities funded under that

2 subtitle (or a corresponding provision) in the previous

3 fiscal year.

4 (2) COVERED YEAR.—In this subsection, the term

5 ‘‘covered year’’ means—

6 (A) in the case of an expenditure for entities

7 funded under subtitle B, a fiscal year for which

8 the amount appropriated under section 129(a) is

9 less than $76,000,000; and

10 (B) in the case of an expenditure for enti11 ties funded under subtitle D, a fiscal year prior

12 to the first fiscal year for which the amount ap13 propriated under section 156(a)(1) is not less

14 than $20,000,000.

15 (3) REFERENCES.—References in this subsection

16 to subtitle D shall not be considered to include section

17 153(c)(4).

18 (d) TECHNICAL ASSISTANCE ON ELECTRONIC INFOR19 MATION SHARING.—In addition to any funds reserved

20 under subsection (c), the Secretary shall reserve $100,000

21 from the amount appropriated under subsection (a) for each

22 fiscal year to carry out section 153(c)(4).

23 (e) LIMITATION.—For any fiscal year for which the

24 amount appropriated under subsection (a) is not less than
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1 $10,000,000, not more than 50 percent of such amount shall

2 be used for activities carried out under section 161(2)(A).

3 TITLE II—FAMILY SUPPORT

4 SEC. 201. SHORT TITLE.

5 This title may be cited as the ‘‘Families of Children

6 With Disabilities Support Act of 1999’’.

7 SEC. 202. FINDINGS, PURPOSES, AND POLICY.

8 (a) FINDINGS.—Congress makes the following findings:

9 (1) It is in the best interest of our Nation to pre10 serve, strengthen, and maintain the family.

11 (2) Families of children with disabilities provide

12 support, care, and training to their children that can

13 save States millions of dollars. Without the efforts of

14 family caregivers, many persons with disabilities

15 would receive care through State-supported out-of16 home placements.

17 (3) Most families of children with disabilities, es18 pecially families in unserved and underserved popu19 lations, do not have access to family-centered and

20 family-directed services to support such families in

21 their efforts to care for such children at home.

22 (4) Medical advances and improved health care

23 have increased the life span of many people with dis24 abilities, and the combination of the longer life spans

25 and the aging of family caregivers places a contin-
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1 ually increasing demand on the finite service delivery

2 systems of the States.

3 (5) In 1996, 49 States provided family support

4 initiatives in response to the needs of families of chil5 dren with disabilities. Such initiatives included the

6 provision of cash subsidies, respite care, and other

7 forms of support. There is a need in each State, how8 ever, to strengthen, expand, and coordinate the activi9 ties of a system of family support services for families

10 of children with disabilities that is easily accessible,

11 avoids duplication, uses resources efficiently, and pre12 vents gaps in services to families in all areas of the

13 State.

14 (6) The goals of the Nation properly include the

15 goal of providing to families of children with disabil16 ities the family support services necessary—

17 (A) to support the family;

18 (B) to enable families of children with dis19 abilities to nurture and enjoy their children at

20 home;

21 (C) to enable families of children with dis22 abilities to make informed choices and decisions

23 regarding the nature of supports, resources, serv24 ices, and other assistance made available to such

25 families; and
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1 (D) to support family caregivers of adults

2 with disabilities.

3 (b) PURPOSES.—The purposes of this title are—

4 (1) to promote and strengthen the implementa5 tion of comprehensive State systems of family support

6 services, for families with children with disabilities,

7 that are family-centered and family-directed, and

8 that provide families with the greatest possible deci9 sionmaking authority and control regarding the na10 ture and use of services and support;

11 (2) to promote leadership by families in plan12 ning, policy development, implementation, and eval13 uation of family support services for families of chil14 dren with disabilities;

15 (3) to promote and develop interagency coordina16 tion and collaboration between agencies responsible

17 for providing the services; and

18 (4) to increase the availability of, funding for,

19 access to, and provision of family support services for

20 families of children with disabilities.

21 (c) POLICY.—It is the policy of the United States that

22 all programs, projects, and activities funded under this title

23 shall be family-centered and family-directed, and shall be

24 provided in a manner consistent with the goal of providing
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1 families of children with disabilities with the support the

2 families need to raise their children at home.

3 SEC. 203. DEFINITIONS AND SPECIAL RULE.

4 (a) DEFINITIONS.—In this title:

5 (1) CHILD WITH A DISABILITY.—The term ‘‘child

6 with a disability’’ means an individual who—

7 (A) has a significant physical or mental

8 impairment, as defined pursuant to State policy

9 to the extent that such policy is established with10 out regard to type of disability; or

11 (B) is an infant or a young child from

12 birth through age 8 and has a substantial devel13 opmental delay or specific congenital or acquired

14 condition that presents a high probability of re15 sulting in a disability if services are not pro16 vided to the infant or child.

17 (2) FAMILY.—

18 (A) IN GENERAL.—Subject to subparagraph

19 (B), for purposes of the application of this title

20 in a State, the term ‘‘family’’ has the meaning

21 given the term by the State.

22 (B) EXCLUSION OF EMPLOYEES.—The term

23 does not include an employee who, acting in a

24 paid employment capacity, provides services to a

25 child with a disability in an out-of-home setting
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1 such as a hospital, nursing home, personal care

2 home, board and care home, group home, or

3 other facility.

4 (3) FAMILY SUPPORT FOR FAMILIES OF CHIL5 DREN WITH DISABILITIES.—The term ‘‘family sup6 port for families of children with disabilities’’ means

7 supports, resources, services, and other assistance pro8 vided to families of children with disabilities pursu9 ant to State policy that are designed to—

10 (A) support families in the efforts of such

11 families to raise their children with disabilities

12 in the home;

13 (B) strengthen the role of the family as pri14 mary caregiver for such children;

15 (C) prevent involuntary out-of-the-home

16 placement of such children and maintain family

17 unity; and

18 (D) reunite families with children with dis19 abilities who have been placed out of the home,

20 whenever possible.

21 (4) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of Health and Human Services.

23 (5) STATE.—The term ‘‘State’’ means each of the

24 50 States of the United States, the District of Colum25 bia, the Commonwealth of Puerto Rico, the United
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1 States Virgin Islands, Guam, American Samoa, and

2 the Commonwealth of the Northern Mariana Islands.

3 (6) SYSTEMS CHANGE ACTIVITIES.—The term

4 ‘‘systems change activities’’ means efforts that result

5 in laws, regulations, policies, practices, or organiza6 tional structures—

7 (A) that are family-centered and family-di8 rected;

9 (B) that facilitate and increase access to,

10 provision of, and funding for, family support

11 services for families of children with disabilities;

12 and

13 (C) that otherwise accomplish the purposes

14 of this title.

15 (b) SPECIAL RULE.—References in this title to a child

16 with a disability shall be considered to include references

17 to an individual who is not younger than age 18 who—

18 (1) has a significant impairment described in

19 subsection (a)(1)(A); and

20 (2) is residing with and receiving assistance

21 from a family member.

22 SEC. 204. GRANTS TO STATES.

23 (a) IN GENERAL.—The Secretary shall make grants to

24 States on a competitive basis, in accordance with the provi25 sions of this title, to support systems change activities de-
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1 signed to assist States to develop and implement, or expand

2 and enhance, a statewide system of family support services

3 for families of children with disabilities that accomplishes

4 the purposes of this title.

5 (b) AWARD PERIOD AND GRANT LIMITATION.—No

6 grant shall be awarded under this section for a period of

7 more than 3 years. No State shall be eligible for more than

8 1 grant under this section.

9 (c) AMOUNT OF GRANTS.—

10 (1) GRANTS TO STATES.—

11 (A) FEDERAL MATCHING SHARE.—From

12 amounts appropriated under section 212(a), the

13 Secretary shall pay to each State that has an

14 application approved under section 205, for each

15 year of the grant period, an amount that is—

16 (i) equal to not more than 75 percent

17 of the cost of the systems change activities

18 to be carried out by the State; and

19 (ii) not less than $100,000 and not

20 more than $500,000.

21 (B) NON-FEDERAL SHARE.—The non-Fed22 eral share of the cost of the systems change ac23 tivities may be in cash or in kind, fairly evalu24 ated, including plant, equipment, or services.
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1 (2) CALCULATION OF AMOUNTS.—The Secretary

2 shall calculate a grant amount described in para3 graph (1) on the basis of—

4 (A) the amounts available for making

5 grants under this section; and

6 (B) the child population of the State con7 cerned.

8 (d) PRIORITY FOR PREVIOUSLY PARTICIPATING

9 STATES.—For the second and third fiscal years for which

10 amounts are appropriated to carry out this section, the Sec11 retary, in providing payments under this section, shall give

12 priority to States that received payments under this section

13 during the preceding fiscal year.

14 (e) PRIORITIES FOR DISTRIBUTION.—To the extent

15 practicable, the Secretary shall award grants to States

16 under this section in a manner that—

17 (1) is geographically equitable;

18 (2) distributes the grants among States that have

19 differing levels of development of statewide systems of

20 family support services for families of children with

21 disabilities; and

22 (3) distributes the grants among States that at23 tempt to meet the needs of unserved and underserved

24 populations, such as individuals from racial and eth25 nic minority backgrounds, disadvantaged individuals,
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1 individuals with limited English proficiency, and in2 dividuals from underserved geographic areas (rural or

3 urban).

4 SEC. 205. APPLICATION.

5 To be eligible to receive a grant under this title, a State

6 shall submit an application to the Secretary at such time,

7 in such manner, and containing such information and as8 surances as the Secretary may require, including informa9 tion about the designation of a lead entity, a description

10 of available State resources, and assurances that systems

11 change activities will be family-centered and family-di12 rected.

13 SEC. 206. DESIGNATION OF THE LEAD ENTITY.

14 (a) DESIGNATION.—The Chief Executive Officer of a

15 State that desires to receive a grant under section 204, shall

16 designate the office or entity (referred to in this title as the

17 ‘‘lead entity’’) responsible for—

18 (1) submitting the application described in sec19 tion 205 on behalf of the State;

20 (2) administering and supervising the use of the

21 amounts made available under the grant;

22 (3) coordinating efforts related to and super23 vising the preparation of the application;

24 (4) coordinating the planning, development, im25 plementation (or expansion and enhancement), and
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1 evaluation of a statewide system of family support

2 services for families of children with disabilities

3 among public agencies and between public agencies

4 and private agencies, including coordinating efforts

5 related to entering into interagency agreements;

6 (5) coordinating efforts related to the participa7 tion by families of children with disabilities in activi8 ties carried out under a grant made under this title;

9 and

10 (6) submitting the report described in section

11 208 on behalf of the State.

12 (b) QUALIFICATIONS.—In designating the lead entity,

13 the Chief Executive Officer may designate—

14 (1) an office of the Chief Executive Officer;

15 (2) a commission appointed by the Chief Execu16 tive Officer;

17 (3) a public agency;

18 (4) a council established under Federal or State

19 law; or

20 (5) another appropriate office, agency, or entity.

21 SEC. 207. AUTHORIZED ACTIVITIES.

22 (a) IN GENERAL.—A State that receives a grant under

23 section 204 shall use the funds made available through the

24 grant to carry out systems change activities that accomplish

25 the purposes of this title.
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1 (b) SPECIAL RULE.—In carrying out activities au2 thorized under this title, a State shall ensure that such ac3 tivities address the needs of families of children with dis4 abilities from unserved or underserved populations.

5 SEC. 208. REPORTING.

6 A State that receives a grant under this title shall pre7 pare and submit to the Secretary, at the end of the grant

8 period, a report containing the results of State efforts to

9 develop and implement, or expand and enhance, a statewide

10 system of family support services for families of children

11 with disabilities.

12 SEC. 209. TECHNICAL ASSISTANCE.

13 (a) IN GENERAL.—The Secretary shall enter into con14 tracts or cooperative agreements with appropriate public or

15 private agencies and organizations, including institutions

16 of higher education, with documented experience, expertise,

17 and capacity, for the purpose of providing technical assist18 ance and information with respect to the development and

19 implementation, or expansion and enhancement, of a state20 wide system of family support services for families of chil21 dren with disabilities.

22 (b) PURPOSE.—An agency or organization that pro23 vides technical assistance and information under this sec24 tion in a State that receives a grant under this title shall

25 provide the technical assistance and information to the lead
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1 entity of the State, family members of children with disabil2 ities, organizations, service providers, and policymakers in3 volved with children with disabilities and their families.

4 Such an agency or organization may also provide technical

5 assistance and information to a State that does not receive

6 a grant under this title.

7 (c) REPORTS TO THE SECRETARY.—An entity pro8 viding technical assistance and information under this sec9 tion shall prepare and submit to the Secretary periodic re10 ports regarding Federal policies and procedures identified

11 within the States that facilitate or impede the delivery of

12 family support services to families of children with disabil13 ities. The report shall include recommendations to the Sec14 retary regarding the delivery of services, coordination with

15 other programs, and integration of the policies described in

16 section 202 in Federal law, other than this title.

17 SEC. 210. EVALUATION.

18 (a) IN GENERAL.—The Secretary shall conduct a na19 tional evaluation of the program of grants to States author20 ized by this title.

21 (b) PURPOSE.—

22 (1) IN GENERAL.—The Secretary shall conduct

23 the evaluation under subsection (a) to assess the sta24 tus and effects of State efforts to develop and imple25 ment, or expand and enhance, statewide systems of
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1 family support services for families of children with

2 disabilities in a manner consistent with the provi3 sions of this title. In particular, the Secretary shall

4 assess the impact of such efforts on families of chil5 dren with disabilities, and recommend amendments to

6 this title that are necessary to assist States to accom7 plish fully the purposes of this title.

8 (2) INFORMATION SYSTEMS.—The Secretary shall

9 work with the States to develop an information sys10 tem designed to compile and report, from information

11 provided by the States, qualitative and quantitative

12 descriptions of the impact of the program of grants to

13 States authorized by this title on—

14 (A) families of children with disabilities,

15 including families from unserved and under16 served populations;

17 (B) access to and funding for family sup18 port services for families of children with disabil19 ities;

20 (C) interagency coordination and collabora21 tion between agencies responsible for providing

22 the services; and

23 (D) the involvement of families of children

24 with disabilities at all levels of the statewide sys25 tems.
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(c) REPORT TO CONGRESS.—Not later than 21 1 ⁄2 years

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

3 prepare and submit to the appropriate committees of Con4 gress a report concerning the results of the evaluation con5 ducted under this section.

6 SEC. 211. PROJECTS OF NATIONAL SIGNIFICANCE.

7 (a) STUDY BY THE SECRETARY.—The Secretary shall

8 review Federal programs to determine the extent to which

9 such programs facilitate or impede access to, provision of,

10 and funding for family support services for families of chil11 dren with disabilities, consistent with the policies described

12 in section 202.

13 (b) PROJECTS OF NATIONAL SIGNIFICANCE.—The Sec14 retary shall make grants or enter into contracts for projects

15 of national significance to support the development of na16 tional and State policies and practices related to the devel17 opment and implementation, or expansion and enhance18 ment, of family-centered and family-directed systems of

19 family support services for families of children with disabil20 ities.

21 SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

22 (a) IN GENERAL.—There are authorized to be appro23 priated to carry out this title such sums as may be nec24 essary for each of fiscal years 2000 through 2006.

25 (b) RESERVATION.—
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1 (1) IN GENERAL.—The Secretary shall reserve for

2 each fiscal year 10 percent, or $400,000 (whichever is

3 greater), of the amount appropriated pursuant to sub4 section (a) to carry out—

5 (A) section 209 (relating to the provision of

6 technical assistance and information to States);

7 and

8 (B) section 210 (relating to the conduct of

9 evaluations).

10 (2) SPECIAL RULE.—For each year that the

11 amount appropriated pursuant to subsection (a) is

12 $10,000,000 or greater, the Secretary may reserve 5

13 percent of such amount to carry out section 211.

14 TITLE III—PROGRAM FOR DI15 RECT SUPPORT WORKERS

16 WHO ASSIST INDIVIDUALS

17 WITH DEVELOPMENTAL DIS18 ABILITIES

19 SEC. 301. FINDINGS.

20 Congress finds that—

21 (1) direct support workers, especially young

22 adults, have played essential roles in providing the

23 support needed by individuals with developmental

24 disabilities and expanding community options for

25 those individuals;
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1 (2) 4 factors have contributed to a decrease in

2 the available pool of direct support workers,

3 specifically—

4 (A) the small population of individuals who

5 are age 18 through 25, an age group that has

6 been attracted to direct support work in the past;

7 (B) the rapid expansion of the service sec8 tor, which attracts individuals who previously

9 would have elected to pursue employment as di10 rect support workers;

11 (C) the failure of wages in the human serv12 ices sector to keep pace with wages in other serv13 ice sectors; and

14 (D) the lack of quality training and career

15 advancement opportunities available to direct

16 support workers; and

17 (3) individuals with developmental disabilities

18 benefit from assistance from direct support workers

19 who are well trained, and benefit from receiving serv20 ices from professionals who have spent time as direct

21 support workers.

22 SEC. 302. DEFINITIONS.

23 In this title:
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1 (1) DEVELOPMENTAL DISABILITY.—The term

2 ‘‘developmental disability’’ has the meaning given the

3 term in section 102.

4 (2) INSTITUTION OF HIGHER EDUCATION.—The

5 term ‘‘institution of higher education’’ has the mean6 ing given the term in section 1201 of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1141).

8 (3) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of Health and Human Services.

10 SEC. 303. REACHING UP SCHOLARSHIP PROGRAM.

11 (a) PROGRAM AUTHORIZATION.—The Secretary may

12 award grants to eligible entities, on a competitive basis, to

13 enable the entities to carry out scholarship programs by

14 providing vouchers for postsecondary education to direct

15 support workers who assist individuals with developmental

16 disabilities residing in diverse settings. The Secretary shall

17 award the grants to pay for the Federal share of the cost

18 of providing the vouchers.

19 (b) ELIGIBLE ENTITY.—To be eligible to receive a

20 grant under this section, an entity shall be—

21 (1) an institution of higher education;

22 (2) a State agency; or

23 (3) a consortium of such institutions or agencies.

24 (c) APPLICATION REQUIREMENTS.—To be eligible to

25 receive a grant under this section, an eligible entity shall
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1 submit to the Secretary an application at such time, in

2 such manner, and containing such information as the Sec3 retary may require, including a description of—

4 (1) the basis for awarding the vouchers;

5 (2) the number of individuals to receive the

6 vouchers; and

7 (3) the amount of funds that will be made avail8 able by the eligible entity to pay for the non-Federal

9 share of the cost of providing the vouchers.

10 (d) SELECTION CRITERIA.—In awarding a grant

11 under this section for a scholarship program, the Secretary

12 shall give priority to an entity submitting an application

13 that—

14 (1) specifies that individuals who receive vouch15 ers through the program will be individuals—

16 (A) who are direct support workers who as17 sist individuals with developmental disabilities

18 residing in diverse settings, while pursuing post19 secondary education; and

20 (B) each of whom verifies, prior to receiving

21 the voucher, that the worker has completed 250

22 hours as a direct support worker in the past 90

23 days;
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1 (2) states that the vouchers that will be provided

2 through the program will be in amounts of not more

3 than $2,000 per year;

4 (3) provides an assurance that the eligible entity

5 (or another specified entity that is not a voucher re6 cipient) will contribute the non-Federal share of the

7 cost of providing the vouchers; and

8 (4) meets such other conditions as the Secretary

9 may specify.

10 (e) FEDERAL SHARE.—The Federal share of the cost

11 of providing the vouchers shall be not more than 80 percent.

12 SEC. 304. STAFF DEVELOPMENT CURRICULUM AUTHORIZA13 TION.

14 (a) FUNDING.—

15 (1) IN GENERAL.—The Secretary shall award

16 funding, on a competitive basis, through a grant, co17 operative agreement, or contract, to a public or pri18 vate entity or a combination of such entities, for the

19 development, evaluation, and dissemination of a staff

20 development curriculum, and related guidelines, for

21 computer-assisted, competency-based, multimedia,

22 interactive instruction, relating to service as a direct

23 support worker.

24 (2) PARTICIPANTS.—The curriculum shall be de25 veloped for individuals who—
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1 (A) seek to become direct support workers

2 who assist individuals with developmental dis3 abilities or are such direct support workers; and

4 (B) seek to upgrade their skills and com5 petencies related to being a direct support work6 er.

7 (b) APPLICATION REQUIREMENTS.—To be eligible to

8 receive an award under this section, an entity shall submit

9 to the Secretary an application at such time, in such man10 ner, and containing such information as the Secretary may

11 require, including—

12 (1) a comprehensive analysis of the content of di13 rect support roles;

14 (2) information identifying an advisory group

15 that—

16 (A) is comprised of individuals with experi17 ence and expertise with regard to the support

18 provided by direct support workers, and effective

19 ways to provide the support, for individuals with

20 developmental disabilities in diverse settings;

21 and

22 (B) will advise the entity throughout the de23 velopment, evaluation, and dissemination of the

24 staff development curriculum and guidelines;

25 (3) information describing how the entity will—
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1 (A) develop, field test, and validate a staff

2 development curriculum that—

3 (i) relates to the appropriate reading

4 level for direct service workers who assist

5 individuals with disabilities;

6 (ii) allows for multiple levels of in7 struction;

8 (iii) provides instruction appropriate

9 for direct support workers who work in di10 verse settings; and

11 (iv) is consistent with subsections (b)

12 and (c) of section 101 and section 109;

13 (B) develop, field test, and validate guide14 lines for the organizations that use the cur15 riculum that provide for—

16 (i) providing necessary technical and

17 instructional support to trainers and men18 tors for the participants;

19 (ii) ensuring easy access to and use of

20 such curriculum by workers that choose to

21 participate in using, and agencies that

22 choose to use, the curriculum;

23 (iii) evaluating the proficiency of the

24 participants with respect to the content of

25 the curriculum;
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1 (iv) providing necessary support to the

2 participants to assure that the participants

3 have access to, and proficiency in using, a

4 computer in order to participate in the de5 velopment, testing, and validation process;

6 (v) providing necessary technical and

7 instructional support to trainers and men8 tors for the participants in conjunction

9 with the development, testing, and valida10 tion process;

11 (vi) addressing the satisfaction of par12 ticipants, individuals with developmental

13 disabilities and their families, providers of

14 services for such individuals and families,

15 and other relevant entities with the cur16 riculum; and

17 (vii) developing methods to maintain a

18 record of the instruction completed, and the

19 content mastered, by each participant under

20 the curriculum; and

21 (C) nationally disseminate the curriculum

22 and guidelines, including dissemination

23 through—

24 (i) parent training and information

25 centers funded under part D of the Individ-
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1 uals with Disabilities Education Act (20

2 U.S.C. 1451 et seq.);

3 (ii) community-based organizations of

4 and for individuals with developmental dis5 abilities and their families;

6 (iii) entities funded under title I;

7 (iv) centers for independent living;

8 (v) State educational agencies and

9 local educational agencies;

10 (vi) entities operating appropriate

11 medical facilities;

12 (vii) postsecondary education entities;

13 and

14 (viii) other appropriate entities; and

15 (4) such other information as the Secretary may

16 require.

17 SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

18 (a) SCHOLARSHIPS.—There are authorized to be ap19 propriated to carry out section 303 $800,000 for fiscal year

20 2000 and such sums as may be necessary for each of fiscal

21 years 2001 through 2006.

22 (b) STAFF DEVELOPMENT CURRICULUM.—There are

23 authorized to be appropriated to carry out section 304

24 $800,000 for fiscal year 2000 and such sums as may be

25 necessary for each of fiscal years 2001 and 2002.
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1 TITLE IV—REPEAL

2 SEC. 401. REPEAL.

3 (a) IN GENERAL.—The Developmental Disabilities As4 sistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)

5 is repealed.

6 (b) CONFORMING AMENDMENTS.—

7 (1) INDIVIDUALS WITH DISABILITIES EDUCATION

8 ACT.—Sections 644(b)(4) and 685(b)(4) of the Indi9 viduals with Disabilities Education Act (20 U.S.C.

10 1444(b)(4), 1484a(b)(4)) are amended by striking

11 ‘‘the Developmental Disabilities Assistance and Bill of

12 Rights Act’’ and inserting ‘‘the Developmental Dis13 abilities Assistance and Bill of Rights Act of 1999’’.

14 (2) NATIVE AMERICAN HOUSING ASSISTANCE AND

15 SELF-DETERMINATION ACT OF 1996.—Section 4(17)(C)

16 of the Native American Housing Assistance and Self17 Determination Act of 1996 (25 U.S.C. 4103(17)(C))

18 is amended by striking ‘‘as defined in’’ and all that

19 follows and inserting ‘‘as defined in section 102 of the

20 Developmental Disabilities Assistance and Bill of

21 Rights Act of 1999.’’.

22 (3) REHABILITATION ACT OF 1973.—

23 (A) Section 105(c)(6) of the Rehabilitation

24 Act of 1973 (29 U.S.C. 725(c)(6)) is amended by

25 striking ‘‘the State Developmental Disabilities
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1 Council described in section 124 of the Develop2 mental Disabilities Assistance and Bill of Rights

3 Act (42 U.S.C. 6024)’’ and inserting ‘‘the State

4 Council on Developmental Disabilities estab5 lished under section 125 of the Developmental

6 Disabilities Assistance and Bill of Rights Act of

7 1999’’.

8 (B) Sections 202(h)(2)(D)(iii) and

9 401(a)(5)(A) of the Rehabilitation Act of 1973

10 (29 U.S.C. 762(h)(2)(D)(iii), 781(a)(5)(A)) are

11 amended by striking ‘‘Developmental Disabilities

12 Assistance and Bill of Rights Act (42 U.S.C.

13 6000 et seq.)’’ and inserting ‘‘Developmental Dis14 abilities Assistance and Bill of Rights Act of

15 1999’’.

16 (C) Subsections (a)(1)(B)(i), (f)(2), and

17 (m)(1) of section 509 of the Rehabilitation Act of

18 1973 (29 U.S.C. 794e) are amended by striking

19 ‘‘part C of the Developmental Disabilities Assist20 ance and Bill of Rights Act (42 U.S.C. 6041 et

21 seq.)’’ and inserting ‘‘subtitle C of the Develop22 mental Disabilities Assistance and Bill of Rights

23 Act of 1999’’.

24 (D) Section 509(f)(5)(B) of the Rehabilita25 tion Act of 1973 (29 U.S.C. 794e(f)(5)(B)) is
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1 amended by striking ‘‘Developmental Disabilities

2 Assistance and Bill of Rights Act (42 U.S.C.

3 6000 et seq.)’’ and inserting ‘‘Developmental Dis4 abilities Assistance and Bill of Rights Act of

5 1999’’.

6 (4) ASSISTIVE TECHNOLOGY ACT OF 1998.—

7 (A) Section 3(a)(11)(A) of the Assistive

8 Technology Act of 1998 (29 U.S.C.

9 3002(a)(11)(A)) is amended by striking ‘‘part C

10 of the Developmental Disabilities Assistance and

11 Bill of Rights Act (42 U.S.C. 6041 et seq.)’’ and

12 inserting ‘‘subtitle C of the Developmental Dis13 abilities Assistance and Bill of Rights Act of

14 1999’’.

15 (B) Paragraphs (1) and (2) of section

16 102(a) of the Assistive Technology Act of 1998

17 (29 U.S.C. 3012(a)) are amended by striking

18 ‘‘Developmental Disabilities Assistance and Bill

19 of Rights Act (42 U.S.C. 6000 et seq.)’’ and in20 serting ‘‘Developmental Disabilities Assistance

21 and Bill of Rights Act of 1999’’.

22 (5) HEALTH PROGRAMS EXTENSION ACT OF

23 1973.—Section 401(e) of the Health Programs Exten24 sion Act of 1973 (42 U.S.C. 300a–7(e)) is amended

25 by striking ‘‘or the’’ and all that follows through
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1 ‘‘may deny’’ and inserting ‘‘or the Developmental

2 Disabilities Assistance and Bill of Rights Act of 1999

3 may deny’’.

4 (6) SOCIAL SECURITY ACT.—

5 (A) Section 1919(c)(2)(B)(iii)(III) of the

6 Social Security Act (42 U.S.C.

7 1396r(c)(2)(B)(iii)(III)) is amended by striking

8 ‘‘part C of the Developmental Disabilities Assist9 ance and Bill of Rights Act’’ and inserting ‘‘sub10 title C of the Developmental Disabilities Assist11 ance and Bill of Rights Act of 1999’’.

12 (B) Section 1930(d)(7) of the Social Secu13 rity Act (42 U.S.C. 1396u(d)(7)) is amended by

14 striking ‘‘State Planning Council established

15 under section 124 of the Developmental Disabil16 ities Assistance and Bill of Rights Act, and the

17 Protection and Advocacy System established

18 under section 142 of such Act’’ and inserting

19 ‘‘State Council on Developmental Disabilities es20 tablished under section 125 of the Developmental

21 Disabilities Assistance and Bill of Rights Act of

22 1999 and the protection and advocacy system es23 tablished under subtitle C of that Act’’.

24 (7) UNITED STATES HOUSING ACT OF 1937.—Sec25 tion 3(b)(3)(E)(iii) of the United States Housing Act
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1 of 1937 (42 U.S.C. 1437a(b)(3)(E)(iii)) is amended

2 by striking ‘‘developmental disability’’ and all that

3 follows and inserting ‘‘developmental disability as de4 fined in section 102 of the Developmental Disabilities

5 Assistance and Bill of Rights Act of 1999.’’.

6 (8) HOUSING ACT OF 1949.—The third sentence of

7 section 501(b)(3) of the Housing Act of 1949 (42

8 U.S.C. 1471(b)(3)) is amended by striking ‘‘develop9 mental disability’’ and all that follows and inserting

10 ‘‘developmental disability as defined in section 102 of

11 the Developmental Disabilities Assistance and Bill of

12 Rights Act of 1999.’’.

13 (9) OLDER AMERICANS ACT OF 1965.—

14 (A) Section 203(b)(17) of the Older Ameri15 cans Act of 1965 (42 U.S.C. 3013(b)(17)) is

16 amended by striking ‘‘Developmental Disabilities

17 and Bill of Rights Act’’ and inserting ‘‘Develop18 mental Disabilities Assistance and Bill of Rights

19 Act of 1999’’.

20 (B) Section 427(a) of the Older Americans

21 Act of 1965 (42 U.S.C. 3035f(a)) is amended by

22 striking ‘‘part A of the Developmental Disabil23 ities Assistance and Bill of Rights Act (42

24 U.S.C. 6001 et seq.)’’ and inserting ‘‘subtitle C
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1 of the Developmental Disabilities Assistance and

2 Bill of Rights Act of 1999’’.

3 (C) Section 429F(a)(1) of the Older Ameri4 cans Act of 1965 (42 U.S.C. 3035n(a)(1)) is

5 amended by striking ‘‘section 102(5) of the De6 velopmental Disabilities Assistance and Bill of

7 Rights Act (42 U.S.C. 6001(5))’’ and inserting

8 ‘‘section 102 of the Developmental Disabilities

9 Assistance and Bill of Rights Act of 1999’’.

10 (D) Section 712(h)(6)(A) of the Older Amer11 icans Act of 1965 (42 U.S.C. 3058g(h)(6)(A)) is

12 amended by striking ‘‘part A of the Develop13 mental Disabilities Assistance and Bill of Rights

14 Act (42 U.S.C. 6001 et seq.)’’ and inserting ‘‘sub15 title C of the Developmental Disabilities Assist16 ance and Bill of Rights Act of 1999’’.

17 (10) CRIME VICTIMS WITH DISABILITIES AWARE18 NESS ACT.—Section 3 of the Crime Victims With Dis19 abilities Awareness Act (42 U.S.C. 3732 note) is

20 amended by striking ‘‘term’’ and all that follows and

21 inserting the following ‘‘term in section 102 of the De22 velopmental Disabilities Assistance and Bill of Rights

23 Act of 1999.’’.

24 (11) CRANSTON-GONZALEZ NATIONAL AFFORD25 ABLE HOUSING ACT.—The third sentence of section
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1 811(k)(2) of the Cranston-Gonzalez National Afford2 able Housing Act (42 U.S.C. 8013(k)(2)) is amended

3 by striking ‘‘as defined’’ and all that follows and in4 serting ‘‘as defined in section 102 of the Develop5 mental Disabilities Assistance and Bill of Rights Act

6 of 1999.’’.

7 (12) STATE DEPENDENT CARE DEVELOPMENT

8 GRANTS ACT.—Section 670G(3) of the State Depend9 ent Care Development Grants Act (42 U.S.C.

10 9877(3)) is amended by striking ‘‘section 102(7) of

11 the Developmental Disabilities Assistance and Bill of

12 Rights Act’’ and inserting ‘‘section 102 of the Devel13 opmental Disabilities Assistance and Bill of Rights

14 Act of 1999’’.

15 (13) PROTECTION AND ADVOCACY FOR MENTALLY

16 ILL INDIVIDUALS ACT OF 1986.—

17 (A) Section 102(2) of the Protection and

18 Advocacy for Mentally Ill Individuals Act of

19 1986 (42 U.S.C. 10802(2)) is amended by strik20 ing ‘‘part C of the Developmental Disabilities

21 Assistance and Bill of Rights Act’’ and inserting

22 ‘‘subtitle C of the Developmental Disabilities As23 sistance and Bill of Rights Act of 1999’’.

24 (B) Section 114 of the Protection and Advo25 cacy for Mentally Ill Individuals Act of 1986 (42
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1 U.S.C. 10824) is amended by striking ‘‘section

2 107(c) of the Developmental Disabilities Assist3 ance and Bill of Rights Act’’ and inserting ‘‘sec4 tion 105 of the Developmental Disabilities Assist5 ance and Bill of Rights Act of 1999’’.

6 (14) STEWART B. MCKINNEY HOMELESS ASSIST7 ANCE ACT.—Section 422(2)(C) of the Stewart B.

8 McKinney Homeless Assistance Act (42 U.S.C.

9 11382(2)(C)) is amended by striking ‘‘as defined’’

10 and all that follows and inserting ‘‘as defined in sec11 tion 102 of the Developmental Disabilities Assistance

12 and Bill of Rights Act of 1999, or’’.

13 (15) ASSISTED SUICIDE FUNDING RESTRICTION

14 ACT OF 1997.—

15 (A) Section 4 of the Assisted Suicide Fund16 ing Restriction Act of 1997 (42 U.S.C. 14403) is

17 amended—

18 (i) by striking the section heading and

19 inserting the following:

20 ‘‘SEC. 4. RESTRICTION ON USE OF FEDERAL FUNDS UNDER

21 CERTAIN GRANT PROGRAMS.’’;

22 and

23 (ii) by striking ‘‘part B, D, or E of the

24 Developmental Disabilities Assistance and

25 Bill of Rights Act’’ and inserting ‘‘subtitle
329

•S 1809 RS

1 B, D, or E of the Developmental Disabil2 ities Assistance and Bill of Rights Act of

3 1999’’.

4 (B) Section 5(b)(1) of the Assisted Suicide

5 Funding Restriction Act of 1997 (42 U.S.C.

6 14404(b)(1)) is amended by striking subpara7 graph (A) and inserting the following:

8 ‘‘(A) PROTECTION AND ADVOCACY SYSTEMS

9 UNDER THE DEVELOPMENTAL DISABILITIES AS10 SISTANCE AND BILL OF RIGHTS ACT OF 1999.—

11 Subtitle C of the Developmental Disabilities As12 sistance and Bill of Rights Act of 1999.’’.