Developmental Disabilities Assistance and Bill of Rights Act of 2000
PL 106-402 (S.1809), enacted 10/30/2000

PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1677 
Public Law 106-402 
106th Congress 
An Act 
To improve service systems for individuals with developmental disabilities, and 
Oct. 30, 2000 
for other purposes. 
[g 1809] 
Be it enacted 
by the Senate 
and House 
of Representatives 
of 
Developmental 
the United States of America 
in Congress assembled, 
Disabilities 
Assistance and 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Bill of Rights Act 
(a) SHORT TITLE.—^This Act may be cited as the *T)evelopmental 
42 use 15001 
Disabilities Assistance and Bill of Rights Act of 2000". 
note. 
(b) TABLE O F CONTENTS.—^The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL 
DISABILITIES 
Subtitle A—General Provisions 
Sec. 101. Findings, purposes, and policy. 
Sec. 102. Definitions. 
- . 
Sec. 103. Records and audits. 
Sec. 104. ResponsibiUties 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. Pvirpose. 
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 agen-
cies. 
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 Ri^ts 
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. 
114 STAT. 1678 
PUBLIC LAW 106-402—OCT. 30, 2000 
Sec. 155. Definition. 
Sec. 156. Authorization of appropriations. 
Subtitle E—Projects of National Significance 
Sec. 161. Purpose. 
Sec. 162. Grant authority. 
Sec. 163. Authorization of appropriations. 
TITLE II—FAMILY SUPPORT 
Sec. 201. 
Sec. 202. 
Sec. 203. 
Sec. 204. 
Sec. 205. 
Sec. 206. 
Sec. 207. 
Sec. 208. 
Sec. 209. 
Sec. 210. 
Sec. 211. 
Sec. 212. 
Short title. 
Findings, purposes, and poUcy. 
Definitions and special rule. 
Grants to States. 
AppUcation. 
Designation of the lead entity. 
Authorized activities. 
Reporting. 
Technical assistance. 
Evaluation. 
Projects of national significance. 
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 cvirriculum authorization. 
Sec. 305. Authorization of appropriations. 
TITLE rV—REPEAL 
Sec. 401. Repeal. 
TITLE I—PROGRAMS FOR INDIVIDUALS 
WITH DEVELOPMENTAL DISABILITIES 
Subtitle A—General Provisions 
42 use 15001. 
SEC. 101. FINDINGS, PURPOSES, AND POLICY. 
(a) FINDINGS.—Congress finds that— 
(1) disability is a natural part of the human experience 
that does not diminish the right of individuals with develop-
mental disabilities to live independently, to exert control and 
choice over their own lives, and to fully participate in and 
contribute to their communities through full integration and 
inclusion in the economic, political, social, cultural, and edu-
cational mainstream of United States society; 
(2) in 1999, there were between 3,200,000 and 4,500,000 
individuals with developmental disabilities in the United 
States, and recent studies indicate that individuals with 
developmental disabilities comprise between 1.2 and 1.65 per-
cent of the United States population; 
(3) individuals whose disabilities occur during their 
developmental period frequently have severe disabilities that 
are likely to continue indefinitely; 
(4) individuals 
with 
developmental 
disabilities 
often 
encounter discrimination in the provision of critical services, 
such as services in the areas of emphasis (as defined in section 
102); 
(5) individuals with developmental disabilities are at 
greater risk than the general population of abuse, neglect. 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1679 
financial and sexual exploitation, and the violation of their 
legal and human rights; 
(6) a substantial portiion of individuals with developmental 
disabilities and their families do not have access to appropriate 
support and services, including access to assistive technology, 
from generic and specialized service systems, and remain 
unserved or underserved; 
(7) individuals with developmental disabilities often require 
lifelong community services, individualized supports, and other 
forms of assistance, that are most effective when provided 
in a coordinated manner; 
(8) there is a need to ensure that services, supports, and 
other assistance are provided in a culturally competent manner, 
that ensures that individuals from racial and ethnic minority 
backgrounds are fully included in all activities provided under 
this title; 
(9) family members, friends, and members of the commu-
nity can play an important role in enhancing the lives of 
individuals with developmental disabilities, especially when the 
family members, friends, and community members are provided 
with the necessary community services, individualized supports, 
and other forms of assistance; 
(10) current research indicates that 88 percent of individ-
uals with developmental disabilities live with their families 
or in their own households; 
(11) many service delivery systems and communities are 
not prepared to meet the impending needs of the 479,862 adults 
with developmental disabilities who are living at home with 
parents who are 60 years old or older and who serve as the 
primary caregivers of the adults; 
(12) in almost every State, individuals with developmental 
disabilities are waiting for appropriate services in their commu-
nities, in the areas of emphasis; 
(13) the public needs to be made more aware of the capabili-
ties and competencies of individuals with developmental disabil-
ities, particularly in cases in which the individuals are provided 
with necessary services, supports, and other assistance; 
(14) as increasing numbers of individuals with develop-
mental disabilities are living, learning, working, and partici-
pating in all aspects of commimity life, there is an increasing 
need for a well trained workforce that is able to provide the 
services, supports, and other forms of direct assistance required 
to enable the individuals to carry out those activities; 
(15) there needs to be greater effort to recruit individuals 
fi*om minority backgrounds into professions serving individuals 
with developmental disabilities and their families; 
(16) the goals of the Nation properly include a goal of 
providing individuals with developmental disabilities with the 
information, skills, opportunities, and support to— 
(A) make informed choices and decisions about their 
lives; 
(B) live in homes and communities in which such 
individuals can exercise their full rights and responsibilities 
as citizens; 
(C) pursue meaningful and productive lives; 
(D) contribute to their families, conmiunities, and 
States, and the Nation; 
114 STAT. 1680 
PUBLIC LAW 106-402—OCT. 30, 2000 
(E) have interdependent friendships and relationships 
with other persons; 
(F) Uve free of abuse, neglect, financial and sexual 
exploitation, and violations of their legal and human rights; 
and 
(G) achieve full integration and inclusion in society, 
in an individualized msmner, consistent with the unique 
strengths, resources, priorities, concerns, abilities, and 
capabilities of each individual; and 
(17) as the Nation, States, and communities maintain and 
expand community living options for individuals with develop-
mental disabilities, there is a need to evaluate the access to 
those options by individuals with developmental disabilities 
and the effects of those options on individuals with develop-
mental disabilities. 
(b) PURPOSE.—^The purpose of this title is to assure that individ-
uals with developmental disabilities and their families participate 
in the design of and have access to needed community services, 
individualized supports, and other forms of assistance that promote 
self-determination, independence, productivity, and integration and 
inclusion in all facets of community life, tlu*ough culturally com-
petent programs authorized under this title, including specifically— 
(1) State Councils on DevelopmentsJ Disabilities in each 
State to engage in advocacy, capacity building, and systemic 
change activities that— 
(A) are consistent with the purpose described in this 
subsection and the policy described in subsection (c); and 
(B) contribute to a coordinated, consumer- and family-
centered, consumer- and family-directed, comprehensive 
system that includes needed community services, individ-
ualized supports, and other forms of assistance that pro-
mote self-determination for individuals with developmental 
disabilities and their families; 
(2) protection and advocacy systems in each State to protect 
the legal and human rights of individuals with developmental 
disabilities; 
(3) University Centers for Excellence in Developmental 
Disabilities Education, Research, and Service— 
(A) to provide interdisciplinary pre-service preparation 
and continuing education of students and fellows, which 
may include the preparation and continuing education of 
leadership, direct service, clinical, or other personnel to 
strengthen and increase the capacity of States and commu-
nities to achieve the purpose of this title; 
(B) to provide community services— 
(i) that provide training and technical assistance 
for individuals with developmental disabilities, their 
families, 
professionals, 
paraprofessionals, 
policy-
makers, students, and other members of the commu-
nity; and 
(ii) that may provide services, supports, and assist-
ance for the persons described in clause (i) through 
demonstration and model activities; 
(C) to conduct research, which may include basic or 
applied research, evaluation, and the analysis of public 
policy in areas that affect or could affect, either positively 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1681 
or negatively, individuals with developmental disabilities 
and their families; and 
(D) to disseminate information related to activities 
undertaken to address the purpose of this title, especially 
dissemination of information that demonstrates that the 
network authorized under this subtitle is a national and 
international resource that includes specific substantive 
areas of expertise that may be accessed and applied in 
diverse settings and circumstances; and 
(4) funding for— 
(A) national initiatives to collect necessary data on 
issues that are directly or indirectly relevant to the lives 
of individuals with developmental disabilities; 
(B) technical assistance to entities who engage in or 
intend to engage in activities consistent with the purpose 
described in this subsection or the policy described in sub-
section (c); and 
(C) other nationally significant activities. 
(c) POLICY.—It is the policy of the United States that all pro-
grams, projects, and activities receiving assistance under this title 
shEill be carried out in a manner consistent with the principles 
t h a t ^ 
(1) individuals with developmental disabilities, including 
those with the most severe developmental disabilities, are 
capable of self-determination, independence, productivity, and 
integration and inclusion in all facets of community life, but 
often require the provision of community services, individual-
ized supports, and other forms of assistance; 
(2) individuals with developmental disabilities and their 
families have competencies, capabilities, and personal goals 
that should be recognized, supported, and encouraged, and 
any assistance to such individuals should be provided in an 
individualized manner, consistent with the unique strengths, 
resources, priorities, concerns, abilities, and capabilities of such 
individuals; 
(3) individuals with developmental disabilities and their 
families are the primary decisionmakers regarding the services 
and supports such individuals and their families receive, 
including regarding choosing where the individuals live from 
available options, and play decisionmaking roles in policies 
and programs that affect the lives of such individuals and 
their families; 
(4) services, supports, and other assistance should be pro-
vided in a manner that demonstrates respect for individual 
dignity, personal preferences, and cultural differences; 
(5) specific efforts must be made to ensure that individuals 
with developmental disabilities from racial and ethnic minority 
backgrounds and their families enjoy increased and meaningful 
opportunities to access and use community services, individual-
ized supports, and other forms of assistance available to other 
individuals with developmental disabilities and their families; 
(6) recruitment efforts in disciplines related to develop-
mental disabilities relating to pre-service training, community 
training, practice, administration, and policymaking must focus 
on bringing larger numbers of racial and ethnic minorities 
114 STAT. 1682 
PUBLIC LAW 106-402—OCT. 30, 2000 
into the disciplines in order to provide appropriate skills, knowl-
edge, role models, and sufficient personnel to address the 
growing needs of an increasingly diverse population; 
(7) with education and support, communities can be acces-
sible to and responsive to the needs of individuals with develop-
mental disabilities and their families and are enriched by full 
and active participation in community activities, and contribu-
tions, by individuals with developmental disabilities and their 
families; 
(8) individuals with developmental disabilities have access 
to opportunities and the necessary support to be included in 
community life, have interdependent relationships, live in 
homes and communities, and make contributions to their fami-
lies, communities, and States, and the Nation; 
(9) efforts undertaken to maintain or expand community-
based living options for individuals with disabilities should 
be monitored in order to determine and report to appropriate 
individuals and entities the extent of access by individuals 
with developmental disabilities to those options and the extent 
of compliance by entities providing those options with quality 
assurance standards; 
(10) families of children with developmental disabilities 
need to have access to and use of safe and appropriate child 
care and before-school and after-school programs, in the most 
integrated settings, in order to enrich the participation of the 
children in community life; 
(11) individuals with developmental disabilities need to 
have access to and use of public transportation, in order to 
be independent and directly contribute to and participate in 
all facets of community life; and 
(12) individuals with developmental disabilities need to 
have access to and use of recreational, leisure, and social 
opportunities in the most integrated settings, in order to enrich 
their participation in commiuiity life. 
42 use 15002. 
SEC. 102. DEFINITIONS. 
, 
In this title: 
(1) AMERICAN INDIAN CONSORTIUM.—^The term "American 
Indian Consortium" means any confederation of 2 or more 
recognized American Indian tribes, created through the official 
action of each participating tribe, that has a combined total 
resident population of 150,000 enrolled tribal members and 
a contiguous territory of Indian lands in 2 or more States. 
(2) AREAS OF EMPHASIS.—^The term "areas of emphasis" 
means the areas related to quality assurance activities, edu-
cation activities and early intervention activities, child care-
related activities, health-related activities, emplojmient-related 
activities, 
housing-related 
activities, 
transportation-related 
activities, recreation-related activities, and other services avail-
able or offered to individuals in a community, including formal 
and informal community supports, that affect their quality 
of life. 
(3) ASSISTIVE TECHNOLOGY DEVICE.—^The term "assistive 
technology device" means any item, piece of equipment, or 
product system, whether acquired commercially, modified or 
customized, that is used to increase, maintain, or improve 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1683 
functional 
capabilities of individuals with 
developmental 
disabilities. 
(4) ASSISTIVE TECHNOLOGY SERVICE.—^The term "assistive 
technology service" means any service that directly assists an 
individual with a developmental disability in the selection, 
acquisition, or use of an assistive technology device. Such term 
includes— 
(A) conducting an evaluation of the needs of an indi-
vidugJ with a developmental disability, including a func-
tional evaluation of the individual in the individual's cus-
tomary environment; 
(B) purchasing, leasing, or otherwise providing for the 
acquisition of an assistive technology device by an indi-
vidual with a developmental disability; 
(C) selecting, designing, fitting, customizing, adapting, 
appl3dng, maintaining, repairing or replacing an assistive 
technology device; 
(D) coordinating and using another therapy, interven-
tion, or service with an assistive technology device, such 
as a therapy, intervention, or service associated with an 
education or rehabilitation plan or program; 
(E) providing training or technical assistance for an 
individual with a developmental disability, or, where appro-
priate, a family member, guardian, advocate, or authorized 
representative of an individual with a developmental dis-
ability; and 
(F) providing training or technical assistance for profes-
sionals (including individuals providing education and 
rehabilitation services), employers, or other individuals who 
provide services to, employ, or are otherwise substantially 
involved in the major life functions of, an individual with 
developmental disabilities. 
(5) CENTER.—^The term "Center" means a University Center 
for 
Excellence 
in 
Developmental 
Disabilities 
Education, 
Research, and Service established under subtitle D. 
(6) CHILD CARE-RELATED ACTIVITIES.—The term "child care-
related activities" means advocacy, capacity building, and sys-
temic change activities that result in families of children with 
developmental disabilities having access to and use of child 
care services, including before-school, after-school, and out-of-
school services, in their communities. 
(7) CULTURALLY COMPETENT.—^The term "culturally com-
petent", used with respect to services, supports, or other assist-
ance, means services, supports, or other assistance that is con-
ducted or provided in a manner that is responsive to the beliefs, 
interpersonal styles, attitudes, language, and behaviors of 
individuals who are receiving the services, supports, or other 
assistance, and in a manner that has the greatest likelihood 
of ensuring their maximum participation in the program 
involved. 
(8) DEVELOPMENTAL DISABILITY.— 
(A) IN GENERAL.—The term "developmental disability" 
means a severe, chronic disability of an individual that— 
(i) is attributable to a mental or physical impair-
ment or combination of mental and physical impgiir-
ments; 
114 STAT. 1684 
PUBLIC LAW 106-402—OCT. 30, 2000 
(ii) is manifested before the individual attains age 
22; 
(iii) is likely to continue indefinitely; 
(iv) results in substantial functional limitations 
in 3 or more of the following areas of major life activity: 
(I) Self-care. 
(II) Receptive and expressive Isinguage. 
(III) Learning. 
(IV) Mobility. 
(V) Self-direction. 
(VI) Capacity for independent living. 
(VII) Economic self-sufficiency; and 
(v) reflects the individugd's need for a combination 
and sequence of special, interdisciplinary, or generic 
services, individualized supports, or other forms of 
assistance that are of lifelong or extended duration 
and are individually planned and coordinated. 
(B) INFANTS AND YOUNG CHiLDREN.^An individual 
from birth to age 9, inclusive, who has a substantial 
developmental delay or specific congenital or acquired 
condition, may be considered to have a developmental dis-
ability without meeting 3 or more of the criteria described 
in clauses (i) through (v) of subparagraph (A) if the indi-
vidual, without services and supports, has a high prob-
ability of meeting those criteria later in life. 
(9) EARLY INTERVENTION ACTIVITIES.—^The term "early 
intervention activities" means advocacy, capacity building, and 
systemic change activities provided to individuals described 
in paragraph (8)(B) and their famiUes to enhance— 
(A) the development of the individusds to maximize 
their potential; and 
(B) the capacity of families to meet the special needs 
of the individuals. 
(10) EDUCATION ACTIVITIES.—^The term "education activi-
ties" means advocacy, capacity building, and systemic change 
activities that result in individuals with developmental disabil-
ities being able to access appropriate supports and modifications 
when necessary, to maximize their educational potential, to 
benefit from lifelong educational activities, and to be integrated 
and included in all facets of student life. 
(11) EMPLOYMENT-RELATED ACTIVITIES.—^The term "employ-
ment-related activities" means advocacy, capacity building, and 
systemic change activities that result in individuals with 
developmental disabilities acquiring, retaining, or advancing 
in paid emplojonent, including supported employment or self-
emplojnnent, in integrated settings in a community. 
(12) FAMILY SUPPORT SERVICES.— 
(A) IN GENERAL.—^The term "family support services" 
means services, supports, and other assistance, provided 
to families with members who have developmental disabil-
ities, that are designed to— 
(i) strengthen the family's role as primary care-
giver; 
(ii) prevent inappropriate out-of-the-home place-
ment of the members and maintain family unity; and 
(iii) reunite families with members who have been 
placed out of the home whenever possible. 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1685 
(B) SPECIFIC SERVICES.—Such term includes respite 
care, provision of rehabilitation technology and assistive 
technology, personal assistance services, parent training 
and counseling, support for fgunilies headed by aging care-
givers, vehicular and home modifications, and assistance 
with extraordinary expenses, associated with the needs 
of individuals with developmental disabilities. 
(13) 
HEALTH-RELATED 
ACTIVITIES.—The term 
"health-
related activities" means advocacy, capacity building, and sys-
temic change activities that result in individuals with develop-
mental disabilities having access to and use of coordinated 
health, dental, mental health, and other human and social 
services, including prevention activities, in their communities. 
(14) HOUSING-RELATED ACTIVITIES.—^The term "housing-
related activities" means advocacy, capacity building, and sys-
temic change activities that result in individuals with develop-
mental disabilities having access to and use of housing and 
housing supports and services in their communities, including 
assistance related to renting, owning, or modifying an apart-
ment or home. 
(15) INCLUSION.—^The term "inclusion", used with respect 
to individuals with developmental disabilities, means the 
acceptance and encouragement of the presence and participa-
tion of individuals with developmental disabilities, by individ-
uals without disabilities, in social, educational, work, and 
community activities, that enables individuals with develop-
mentsd disabilities to-— 
(A) have friendships emd relationships with individuals 
gmd families of their own choice; 
(B) live in homes close to community resources, with 
regular contact with individuals without disabilities in their 
communities; 
(C) enjoy fiill access to and active participation in 
the same commimity activities and t5rpes of emplo3nnent 
as individuals without disabilities; and 
(D) take full advEmtage of their integration into the 
SEmie community resources as individuals without disabil-
ities, living, learning, working, and enjoying life in regular 
contact with individuals without disabilities. 
(16) INDIVIDUALIZED SUPPORTS.—^The term "individualized 
supports" means supports that— 
(A) enable an individual with a developmental dis-
ability to exercise self-determination, be independent, be 
productive, and be integrated and included in all facets 
of community life; 
(B) are designed to— 
(i) enable such individual to control such individ-
ual's environment, permitting the most independent 
life possible; 
(ii) prevent placement into a more restrictive living 
arrangement than is necessary; and 
(iii) enable such individual to live, learn, work, 
and enjoy life in the community; and 
(C) include— 
(i) early intervention services; 
(ii) respite care; 
(iii) personal assistance services; 
114 STAT. 1686 
PUBLIC LAW 106-402—OCT. 30, 2000 
(iv) family support services; 
(v) supported employment services; 
(vi) support services for families headed by aging 
caregivers of individuals with developmental disabil-
ities; and 
(vii) provision of rehabilitation technology and 
assistive technology, and assistive technology services. 
(17) INTEGRATION.—The term "integration", used with 
respect to individuals with developmental disabilities, means 
exercising the equal right of individuals with developmental 
disabilities to access and use the same community resources 
as are used by and available to other individuals. 
(18) NOT-FOR-PROFIT.—The term "not-for-profit", used with 
respect to an agency, institution, or organization, means an 
agency, institution, or organization that is owned or operated 
by 1 or more corporations or associations, no part of the net 
earnings of which inures, or may lawfully inure, to the benefit 
of any private shareholder or individual. 
(19) PERSONAL ASSISTANCE SERVICES.—^The term "personal 
assistance services" means a range of services, provided by 
1 or more individuals, designed to assist an individual with 
a disability to perform daily activities, including activities on 
or off a job that such individual would typically perform if 
such individual did not have a disability. Such services shall 
be designed to increase such individual's control in life and 
ability to perform everyday activities, including activities on 
or off a job. 
(20) PREVENTION ACTIVITIES.—^The term "prevention activi-
ties" means activities that address the causes of developmental 
disabilities and the exacerbation of functional limitation, such 
as activities that— 
(A) eliminate or reduce the factors that cause or pre-
dispose individuals to developmental disabilities or that 
increase the prevgdence of developmental disabilities; 
(B) increase the early identification of problems to 
eliminate circumstances that create or increase functional 
limitations; and 
(C) mitigate against the effects of developmental 
disabilities throughout the lifespan of an individual. 
(21) PRODUCTIVITY.—^The term "productivity" means— 
(A) engagement in income-producing work that is 
measured by increased income, improved employment 
status, or job advancement; or 
(B) engagement in work that contributes to a household 
or community. 
(22) 
PROTECTION 
AND ADVOCACY 
SYSTEM.—^The term 
"protection and advocacy system" means a protection and 
advocacy system established in accordance with section 143. 
(23) QUALITY ASSURANCE ACTIVITIES.—^The term "quality 
assurance activities" means advocacy, capacity building, and 
systemic change activities that result in improved consumer-
and family-centered quality assurance and that result in sys-
tems of quality assurance and consumer protection that— 
(A) include monitoring of services, supports, and assist-
ance provided to an individual with developmental disabil-
ities that ensures that the individual— 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1687 
(i) will not experience abuse, neglect, sexual or 
financial exploitation, or violation of legal or human 
rights; and 
(ii) will not be subject to the inappropriate use 
of restraints or seclusion; 
(B) include training in leadership, self-advocacy, and 
self-determination 
for individuals with 
developmental 
disabilities, their families, and their guardians to ensure 
that those individuals— 
(i) will not experience abuse, neglect, sexual or 
financial exploitation, or violation of legal or human 
rights; and 
(ii) will not be subject to the inappropriate use 
of restraints or seclusion; or 
(C) include activities related to interagency coordina-
tion and systems integration that result in improved and 
enhanced services, supports, and other assistance that con-
tribute to and protect the self-determination, independence, 
productivity, and integration and inclusion in all facets 
of community life, of individuals with developmental 
disabilities. 
(24) RECREATION-RELATED ACTIVITIES.—^The term "recre-
ation-related activities" means advocacy, capacity building, and 
systemic change activities that result in individuals with 
developmental disabilities having access to and use of rec-
reational, leisure, and social activities, in their communities. 
(25) REHABILITATION TECHNOLOGY.—^The term "rehabilita-
tion technology" means the systematic application of tech-
nologies, engineering methodologies, or scientific principles to 
meet the needs of, and address the barriers confronted by, 
individuals with developmental disabilities in areas that include 
education, rehabiUtation, emplojrment, transportation, inde-
pendent living, and recreation. Such term includes rehabilita-
tion engineering, and the provision of assistive technology 
devices and assistive technology services. 
(26) SECRETARY.—^The term "Secretary" means the Sec-
retary of Health and Human Services. 
(27) 
SELF-DETERMINATION ACTIVITIES.—^The term "self-
determination activities" means activities that result in individ-
uals with developmental disabilities, with appropriate assist-
ance, having— 
(A) the ability and opportunity to communicate and 
make personal decisions; 
(B) the ability and opportunity to conmiunicate choices 
£md exercise control over the t5T)e and intensity of services, 
supports, and other assistance the individuals receive; 
(C) the authority to control resources to obtain needed 
services, supports, and other assistance; 
(D) opportiuiities to participate in, and contribute to, 
their communities; and 
(E) support, including financial support, to advocate 
for themselves and others, to develop leadership skills, 
through training in self-advocacy, to psirticipate in coali-
tions, to educate policjonakers, and to play a role in the 
development of public policies that affect individuals with 
developmental disabilities. 
114 STAT. 1688 
PUBLIC LAW 106-402—OCT. 30, 2000 
42 use 15003. 
42 use 15004. 
(28) STATE.—The term "State", except as otherwise pro-
vided, includes, in addition to each of the several States of 
the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, the United States Virgin Islands, Guam, Amer-
ican Samoa, and the Commonwealth of the Northern Mariana 
Islands. 
(29) 
STATE COUNCIL ON DEVELOPMENTAL DISABILITIES.— 
The term "State Council on Developmental Disabilities" means 
a Council established under section 125. 
(30) SUPPORTED EMPLOYMENT SERVICES.—The term "sup-
ported emplojonent services" means services that 
enable 
individuals with developmental disabilities to perform competi-
tive work in integrated work settings, in the case of individuals 
with developmental disabilities— 
(A)(i) for whom competitive employment has not 
traditionally occurred; or 
(ii) for whom competitive employment has been inter-
rupted or intermittent as a result of significant disabilities; 
and 
(B) who, because of the nature and severity of their 
disabilities, need intensive supported employment services 
or extended services in order to perform such work. 
(31) 
TRANSPORTATION-RELATED 
ACTIVITIES.—^The 
term 
"transportation-related activities" means advocacy, capacity 
building, and systemic change activities that result in individ-
uals with developmental disabilities having access to and use 
of transportation. 
(32) UNSERVED AND UNDERSERVED.—^The term "imserved 
and underserved" includes populations such as individuEds from 
racial and ethnic minority backgrounds, disadvantaged individ-
uals, individuals with limited English proficiency, individuals 
from underserved geographic areas (rural or urban), and spe-
cific groups of individuals within the population of individuals 
with developmental disabilities, including individuals who 
require assistive technology in order to participate in and con-
tribute to community life. 
SEC. 103. RECORDS AND AUDITS. 
(a) RECORDS.—Each recipient of assistance under this title shall 
keep such records as the Secretary shall prescribe, including— 
(1) records that fully disclose— 
(A) the amount and disposition by such recipient of 
the assistEince; 
(B) the total cost of the project or undertaking in 
connection with which such assistance is given or used; 
and 
(C) the amount of that portion of the cost of the project 
or undertaking that is supplied by other sources; and 
(2) such other records as will facilitate an effective audit. 
(b) ACCESS.—^The Secretary and the Comptroller General of 
the United States, or any of their duly authorized representatives, 
shall have access for the purpose of audit and examination to 
any books, documents, papers, and records of the recipients of 
assistance under this title that are pertinent to such assistsmce. 
SEC. 104. RESPONSmmiTIES OF THE SECRETARY. 
(a) PROGRAM ACCOUNTABILITY.— 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1689 
(1) IN GENERAL.—In order to monitor entities that received 
funds under this Act to carry out activities under subtitles 
B, C, and D and determine the extent to which the entities 
have been responsive to the purpose of this title and have 
taken actions consistent with the policy described in section 
101(c), the Secretary shall develop and implement an account-
ability process as described in this subsection, with respect 
to activities conducted after October 1, 2001. 
(2) AREAS OF EMPHASIS.—^The Secretary shall develop a 
process for identifying and reporting (pursuant to section 105) 
on progress achieved through advocacy, capacity building, and 
systemic change activities, imdertEiken by the entities described 
in paragraph (1), that resulted in individuals with develop-
mental disabilities and their families participating in the design 
of and having access to needed community services, individual-
ized supports, and other forms of assistance that promote self-
determination, independence, productivity, and integration and 
inclusion in all facets of community life. Specifically, the Sec-
retary shall develop a process for identifying and reporting 
on progress achieved, through advocacy, capacity building, and 
systemic change activities, by the entities in the areas of 
emphasis. 
(3) INDICATORS OF PROGRESS.— 
(A) IN GENERAL.—In identifying progress made by the 
entities described in paragraph (1) in the areas of emphasis, 
the Secretary, in consultation with the Commissioner of 
the Administration on Developmental Disabilities and the 
entities, shall develop indicators for each area of emphasis. 
(B) PROPOSED INDICATORS.—^Not later than 180 days 
after the date of enactment of this Act, the Secretary shall 
develop and publish in the Federal Register for public 
comment proposed indicators of progress for monitoring 
how entities described in paragraph (1) have addressed 
the areas of emphasis described in paragraph (2) in a 
manner that is responsive to the purpose of this title and 
consistent with the policy described in section 101(c). 
(C) FINAL INDICATORS.—^Not later than October 1, 2001, 
the Secretary shall revise the proposed indicators of 
progress, to the extent necessary based on public comment, 
and publish final indicators of progress in the Federal 
Register. 
(D) SPECIFIC MEASURES.—^At a minimum, the indicators 
of progress shall be used to describe and measure— 
(i) the satisfaction of individuals with develop-
mental 
disabilities 
with 
the 
advocacy, 
capacity 
building, and systemic change activities provided under 
subtitles B, C, and D; 
(ii) the extent to which the advocacy, capacity 
building, and systemic change activities provided 
through subtitles B, C, and D result in improvements 
in— 
(I) the ability of individuals with develop-
mental disabilities to make choices and exert con-
trol over the t)T)e, intensity, and timing of services, 
supports, and assistance that the individuals have 
used; 
Deadline. 
Federal Register, 
publication. 
Deadline. 
Federal Register, 
publication. 
114 STAT. 1690 
PUBLIC LAW 106-402—OCT. 30, 2000 
Deadline. 
Federal Register, 
pubUcation. 
Deadline. 
42 use 15005. 
(II) the ability of individuals with develop-
mental disabilities to participate in the full range 
of community life with persons of the individuals' 
choice; and 
(III) the ability of individuals with develop-
mental disabilities to access services, supports, and 
assistance in a manner that ensures that such 
an individual is free from abuse, neglect, sexual 
and financial exploitation, violation of legal and 
human rights, and the inappropriate use of 
restraints and seclusion; and 
(iii) the extent to which the entities described in 
paragraph (1) collaborate with each other to achieve 
the purpose of this title and the policy described in 
section 101(c). 
(4) 
TIME 
LINE FOR COMPLIANCE WITH 
INDICATORS OF 
PROGRESS.—The Secretary shall require entities described in 
paragraph (1) to meet the indicators of progress described in 
paragraph (3). For fiscal year 2002 and each year thereafter, 
the Secretary shall apply the indicators in monitoring entities 
described in paragraph (1), with respect to activities conducted 
after October 1,2001. 
(b) 
TIME 
LINE 
FOR REGULATIONS.—Except 
as 
otherwise 
expressly provided in this title, the Secretary, not later than 1 
year after the date of enactment of this Act, shall promulgate 
such regulations as may be required for the implementation of 
this title. 
(c) INTERAGENCY COMMITTEE.— 
(1) IN GENERAL.—The Secretary shall maintain the inter-
agency committee authorized in section 108 of the Develop-
mental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
6007) as in effect on the day before the date of enactment 
of this Act, except as otherwise provided in this subsection. 
(2) COMPOSITION.—^The interagency committee shall be 
composed of representatives of— 
(A) the Administration on Developmental Disabilities, 
the Administration on Children, Youth, and Families, the 
Administration on Aging, and the Health Resources and 
Services Administration, of the Department of Health and 
Human Services; and 
(B) such other Federal departments and agencies as 
the Secretary of Health and Human Services considers 
to be appropriate. 
(3) DUTIES.—Such interagency committee shall meet regu-
larly to coordinate and plan activities conducted by Federal 
departments and agencies for individuals with developmental 
disabilities. 
(4) MEETINGS.—Each meeting of the interagency committee 
(except for any meetings of any subcommittees of the com-
mittee) shall be open to the public. Notice of each meeting, 
and a statement of the agenda for the meeting, shall be pub-
lished in the Federal Register not later than 14 days before 
the date on which the meeting is to occur. 
SEC. 105. REPORTS OF THE SECRETARY. 
At least once every 2 years, the Secretary, using information 
submitted in the reports and information required under subtitles 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1691 
B, C, D, £ind E, shall prepare and submit to the President, Congress, 
Eind the National Council on Disability, a report that describes 
the goals and outcomes of programs supported under subtitles B, 
C, D, and E. In preparing the report, the Secretary shall provide— 
(1) meaningful examples of how the councils, protection 
and advocacy systems, centers, and entities funded under sub-
titles B, C, D, and E, respectively— 
(A) have undertaken coordinated activities with each 
other; 
(B) have enhanced the ability of individuals with 
developmental disabilities and their families to participate 
in the design of and have access to needed community 
services, individualized supports, and other forms of assist-
ance 
that 
promote 
self-determination, 
independence, 
productivity, and integration and inclusion in all facets 
of community life; 
(C) have brought about advocacy, capacity building, 
and systemic change activities (including policy reform), 
and other actions on behalf of individuals with develop-
mental disabilities and their families, including individuals 
who are traditionally unserved or underserved, particularly 
individuals who are members of ethnic and racial minority 
groups and individuals from underserved geographic areas; 
and 
(D) have brought about advocacy, capacity building, 
and systemic change activities that affect individuals with 
disabilities other than individuals with developmental 
disabilities; 
(2) information on the extent to which programs authorized 
under this title have addressed— 
(A) protecting individuals with developmental disabil-
ities from abuse, neglect, sexual and financial exploitation, 
and violations of legal and human rights, so that those 
individuals are at no greater risk of harm than other 
persons in the general population; and 
(B) reports of deaths of and serious injuries to individ-
uals with developmental disabilities; and 
(3) a summary of any incidents of noncompliance of the 
programs authorized under this title with the provisions of 
this title, and corrections made or actions taken to obtain 
compliance. 
SEC. 106. STATE CONTROL OF OPERATIONS. 
Except as otherwise specifically provided, nothing in this title 
shall be construed as conferring on any Federal officer or employee 
the right to exercise any supervision or control over the administra-
tion, personnel, maintenance, or operation of any programs, serv-
ices, and supports for individuals with developmental disabilities 
with respect to which any funds have been or may be expended 
under this title. 
SEC. 107. EMPLOYMENT OF INDIVTOUALS WITH DISABILITIES. 
As a condition of providing assistance luider this title, the 
Secretary shall require that each recipient of such assistance take 
affirmative action to employ and advance in emplo5nnent qualified 
individuals with disabilities on the same terms and conditions 
required with respect to the emplo3nnent of such individuals under 
the provisions of title V of the Rehabilitation Act of 1973 (29 
42 use 15006. 
42 use 15007. 
114 STAT. 1692 
PUBLIC LAW 106-402—OCT. 30, 2000 
U.S.C. 791 et seq.) and the Americans with DisabiUties Act of 
1990 (42 U.S.C. 12101 et seq.), that govern employment. 
42 use 15008. 
SEC. 108. CONSTRUCTION. 
Nothing in this title shall be construed to preclude an entity 
funded under this title from engaging in advocacy, capacity building, 
and systemic change activities for individuals with developmental 
disabilities that may also have a positive impact on individuals 
with other disabilities. 
42 use 15009. 
SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABIL-
ITIES. 
(a) IN GENERAL.—Congress makes the following 
findings 
respecting the rights of individuals with developmental msabilities: 
(1) Individuals with developmental disabilities have a right 
to appropriate treatment, services, and habilitation for such 
disabilities, consistent with section 101(c). 
(2) The treatment, services, and habitation for an individual 
with developmental disabilities should be designed to maximize 
the potential of the individual and should be provided in the 
setting that is least restrictive of the individual's personal 
liberty. 
(3) The Federal Grovemment and the States both have 
an obligation to ensure that public funds are provided only 
to institutional programs, residential programs, and other 
community programs, including educational programs in which 
individuals with developmental disabilities participate, that— 
(A) provide treatment, services, and habilitation that 
are appropriate to the needs of such individuals; and 
(B) meet minimum standards relating to— 
(i) provision of care that is free of abuse, neglect, 
sexual and financial exploitation, and violations of legal 
and human rights and that subjects individuals with 
developmental disabilities to no greater risk of harm 
than others in the general population; 
(ii) provision to such individuals of appropriate 
and sufficient medical and dental services; 
(iii) prohibition of the use of physical restraint 
and seclusion for such an individual unless absolutely 
necessary to ensure the immediate physical safety of 
the individual or others, and prohibition of the use 
of such restraint and seclusion as a punishment or 
as a substitute for a habilitation program; 
(iv) prohibition of the excessive use of chemical 
restraints on such individuals and the use of such 
restraints as punishment or as a substitute for a habili-
tation program or in quantities that interfere with 
services, treatment, or habilitation for such individuals; 
and 
(v) provision for close relatives or guardians of 
such individuals to visit the individuals without prior 
notice. 
(4) All programs for individuals with developmental disabil-
ities should meet standards— 
(A) that are designed to assure the most favorable 
possible outcome for those served; and 
(B)(i) in the case of residential programs serving 
individuals in need of comprehensive 
health-related. 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1693 
habilitative, assistive technology or rehabilitative services, 
that are at least equivalent to those standards applicable 
to intermediate care facilities for the mentally retarded, 
promulgated in regulations of the Secretary on June 3, 
1988, as appropriate, taking into account the size of the 
institutions and the service delivery arrangements of the 
facilities of the programs; 
(ii) in the case of other residential programs for individ-
uals with developmental disabilities, that assure that— 
(I) care is appropriate to the needs of the individ-
uals being served by such programs; 
(II) uie individuals admitted to facilities of such 
programs are individuals whose needs can be met 
through services provided by such facilities; and 
(III) the facilities of such programs provide for 
the humane care of the residents of the facilities, are 
sanitary, and protect their rights; and 
(iii) in the case of nonresidential programs, that assure 
that the care provided by such programs is appropriate 
to the individuals served by the programs, 
(b) CLARIFICATION.—^The rights of individuals with develop-
mental disabilities described in findings made in this section shall 
be considered to be in addition to £iny constitutional or other rights 
otherwise afforded to all individuals. 
Subtitle B—^Federal Assistance to State 
Councils on Developmental Disabilities 
SEC. 121. PURPOSE. 
42 USC 15021. 
The purpose of this subtitle is to provide for allotments to 
support State Councils on Developmental Disabilities (referred to 
individually in this subtitle as a "Council") in each State to— 
(1) engage in advocacy, capacity building, and systemic 
change activities that are consistent with the purpose described 
in section 101(b) and the policy described in section 101(c); 
and 
(2) contribute to a coordinated, consumer- and family-cen-
tered, consumer- and family-directed, comprehensive system 
of community services, individualized supports, and other forms 
of assistance that enable individuals with developmental 
disabilities to exercise self-determination, be independent, be 
productive, and be integrated and included in all facets of 
community life. 
SEC. 122. STATE ALLOTMENTS. 
42USC15022. 
(a) ALLOTMENTS.— 
(1) I N GENERAL.— 
(A) AUTHORITY.—^For each fiscal year, the Secretary 
shall, in accordance with regulations and this paragraph, 
allot the sums appropriated for such year under section 
129 among the States on the basis of— 
(i) the population; 
(ii) the extent of need for services for individuals 
with developmental disabilities; and 
(iii) the financial need, 
of the respective States. 
114 STAT. 1694 
PUBLIC LAW 106-402—OCT. 30, 2000 
(B) USE OF FUNDS.—Sums allotted to the States under 
this section shall be used to pay for the Federal share 
of the cost of carrying out projects in accordance with 
State plans approved under section 124 for the provision 
mider such plans of services for individuals with develop-
mental disabilities. 
(2) ADJUSTMENTS.—^The Secretary may make adjustments 
in the amounts of State allotments based on clauses (i), (ii), 
and (iii) of paragraph (1)(A) not more often than annually. 
Deadline. 
The Secretary shall notify each State of any adjustment made 
under this paragraph and the percentage of the total sums 
appropriated under section 129 that the adjusted allotment 
represents not later than 6 months before the beginning of 
the fiscal year in which such adjustment is to take effect. 
(3) MINIMUM ALLOTMENT FOR APPROPRIATIONS LESS THAN 
OR EQUAL TO $70,000,000.— 
(A) IN GENERAL.—^Except as provided in paragraph (4), 
for any fiscal year the allotment under this section— 
(i) to each of American Samoa, Guam, the United 
States Virgin Islands, or the Commonwealth of the 
Northern Mariana Islands may not be less them 
$210,000; and 
(ii) to any State not described in clause (i) may 
not be less than $400,000. 
(B) 
REDUCTION 
OF 
ALLOTMENT.—^Notwithstanding 
subparagraph (A), if the aggregate of the amoimts to be 
allotted to the States pursuant to subparagraph (A) for 
any fiscal year exceeds the total amount appropriated 
under section 129 for such fiscal year, the amount to be 
allotted to each State for such fiscal year shall be propor-
tionately reduced. 
(4) MINIMUM ALLOTMENT FOR APPROPRIATIONS IN EXCESS 
OF $70,000,000.— 
(A) IN GENERAL.—In any case in which the total 
amount appropriated under section 129 for a fiscal year 
is more than $70,000,000, the gJlotment under this section 
for such fiscal year— 
(i) to each of American Samoa, Guam, the United 
States Virgin Islands, or the Commonwealth of the 
Northern Mariana Islands may not be less than 
$220,000; and 
(ii) to any State not described in clause (i) may 
not be less than $450,000. 
(B) REDUCTION OF ALLOTMENT.—^The requirements of 
paragraph (3XB) shall apply with respect to amounts to 
be allotted to States under subparagraph (A), in the same 
manner and to the same extent as such requirements apply 
with respect to amounts to be allotted to States under 
psiragraph (3XA). 
(5) STATE SUPPORTS, SERVICES, AND OTHER ACTIVITIES.— 
In determining, for purposes of paragraph (l)(A)(ii), the extent 
of need in any State for services for individuals with develop-
mental disabilities, the Secretary shall take into account the 
scope and extent of the services, supports, and assistance 
described, pursuant to section 124(cX3)(A), in the State plan 
of the State. 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1695 
(6) INCREASE IN ALLOTMENTS.—In any year in which the 
total amount appropriated under section 129 for a fiscal year 
exceeds the total amount appropriated under such section (or 
a corresponding provision) for the preceding fiscal year by a 
percentage greater than the most recent percentage change 
in the Consumer Price Index published by the Secretary of 
Labor under section 100(c)(1) of the Rehabilitation Act of 1973 
(29 U.S.C. 720(c)(1)) (if the percentage change indicates an 
increase), the Secretary shall increase each of the minimum 
allotments described in paragraphs (3) and (4). The Secretary 
shall increase each minimum allotment by an amount that 
bears the same ratio to the amount of such minimum allotment 
(including any increases in such minimum allotment under 
this paragraph (or a corresponding provision) for prior fiscal 
years) as the Eimount that is equal to the difference between— 
(A) the total amoiuit appropriated under section 129 
for the fiscal year for which the increase in the minimum 
allotment is being made; minus 
(B) the total amount appropriated luider section 129 
(or a corresponding provision) for the immediately pre-
ceding fiscal yeEir, 
bears to the total amount appropriated under section 129 (or 
a corresponding provision) for such preceding fiscal year. 
(b) UNOBLIGATED FUNDS.—^Any amount paid to a State for 
a fiscal year and remaining imobligated at the end of such year 
shall remain available to such State for the next fiscal year for 
the purposes for which such amount was paid. 
(c) OBLIGATION OF FUNDS.—^For the purposes of this subtitle. 
State Interagency Agreements are considered valid obligations for 
the purpose of obligating Federal funds allotted to the State under 
this subtitle. 
(d) COOPERATIVE EFFORTS BETWEEN STATES,—^If a State plan 
approved in accordance with section 124 provides for cooperative 
or joint effort between or among States or agencies, public or 
private, in more than 1 State, portions of funds allotted to 1 or 
more States described in this subsection may be combined in accord-
ance with the agreements between the States or agencies involved. 
(e) REALLOTMENTS.— 
(1) IN GENERAL.—If the Secretary determines that an 
amount of an allotment to a State for a period (of a fiscal 
year or longer) will not be required by the State during the 
period for the purpose for which the allotment was made, 
the Secretary may reallot the amount. 
(2) TIMING.—The Secretary may make such a reallotment 
from time to time, on such date as the Secretary may fix, 
but not earlier than 30 days after the Secretary has published 
notice of the intention of the Secretary to make the reallotment 
in the Federal Register. 
(3) AMOUNTS.—^The Secretary shall reallot the amount to 
other States with respect to which the Secretary has not made 
that determination. The Secretary shall reallot the amount 
in proportion to the original allotments of the other States 
for such fiscal year, but shall reduce such proportionate amount 
for £iny of the other States to the extent the proportionate 
amount exceeds the sum that the Secretary estimates the State 
needs and will be able to use during such period. 
114 STAT. 1696 
PUBLIC LAW 106-402—OCT. 30, 2000 
(4) REALLOTMENT OF REDUCTIONS.—^The Secretary shall 
similarly reallot the total of the reductions among the States 
whose proportionate amounts were not so reduced. 
(5) TREATMENT.—Any amount reallotted to a State under 
this subsection for a fiscal year shall be deemed to be a part 
of the allotment of the State under subsection (a) for such 
fiscal year. 
42 use 15023. 
SEC. 123. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRA-
TION, AND SERVICES. 
(a) STATE PLAN EXPENDITURES.—From each State's allotments 
for a fiscal year imder section 122, the Secretary shall pay to 
the State the Federal share of the cost, other than the cost for 
construction, incurred during such year for activities carried out 
under the State plan approved rnider section 124. The Secretary 
shall make such pa3nnents from time to time in advance on the 
basis of estimates by the Secretary of the sums the State will 
expend for the cost under the State plan. The Secretary shall 
make such adjustments as may be necessary to the payments 
on accoimt of previously made underpayments or overpayments 
under this section. 
(b) DESIGNATED STATE AGENCY EXPENDITURES.—The Secretary 
may make pa3anents to a State for the portion described in section 
124(c)(5)(B)(vi) in advance or by way of reimbursement, and in 
such installments as the Secretary may determine. 
42 use 15024. 
SEC. 124. STATE PLAN. 
(a) IN GENERAL.—Any State desiring to receive assistance imder 
this subtitle shall submit to the Secretary, and obtain approval 
of, a 5-year strategic State plan under this section. 
(b) PLANNING CYCLE.—^The plan described in subsection (a) 
shall be updated as appropriate during the 5-year period. 
(c) STATE PLAN REQUIREMENTS.—^In order to be approved by 
the Secretary under- this section, a State plan shEill meet each 
of the following requirements: 
(1) STATE COUNCIL.—^The plan shall provide for the 
establishment and maintenance of a Coimcil in accordance 
with section 125 and describe the membership of such Council. 
(2) DESIGNATED STATE AGENCY.—^The plan shall identify 
the agency or office within the State designated to support 
the Coimcil in accordance with this section and section 125(d) 
(referred to in this subtitle as a "designated State agency"). 
(3) COMPREHENSIVE REVIEW AND ANALYSIS.—The plan shall 
describe the results of a comprehensive review and analysis 
of the extent to which services, supports, and other assistance 
are available to individuals with developmental disabilities and 
their families, and the extent of unmet needs for services, 
supports, and other assistance for those individuals and their 
families, in the State. The results of the comprehensive review 
and analysis shall include— 
(A) a description of the services, supports, and other 
assistance being provided to individuals with develop-
mental disabilities and their families under other federally 
assisted State programs, plans, and policies under which 
the State operates and in which individuals with develop-
mental disabilities are or may be eligible to participate, 
including particularly programs relating to the areas of 
emphasis, including— 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1697 
(i) medical assistance, maternal and child health 
care, services for children with special health care 
needs, children's mental health services, comprehen-
sive health and mental health services, Eind institu-
tional care options; 
(ii) job training, job placement, worksite accommo-
dation, and vocational rehabilitation, and other work 
assistance programs; and 
(iii) social, child welfare, aging, independent living, 
and rehabilitation and assistive technology services, 
and such other services as the Secretary may specify; 
(B) a description of the extent to which agencies oper-
ating such other federally 
assisted State 
programs, 
including activities auth^zed under section 101 or 102 
of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 
3012), pursue interagency initiatives to improve and 
enhance commimity services, individualized supports, and 
other forms of assistance for individuals with develop-
mental disdailities; 
(C) an analysis of the extent to which community serv-
ices and opportunities related t
@ the areas of emphasis 
directly b e n ^ t individuals with developmental disabilities, 
especially with regard to their ability to access and use 
services provided in their communities, to participate in 
opportunities, activities, and events offered in their commu-
nities, and to contribute to conuniuiity life, identifying 
particularly— 
(i) the degree of support for individuals with 
developmentsd disabilities that are attributable to 
either physical impairment, mental impairment, or a 
combination of physical and mental impairments; 
(ii) criteria for eligibility for services, including 
specialized services and special adaptation of generic 
services provided by agencies within the State, that 
may exclude individuals with developmental disabil-
ities from receiving services described in this clause; 
(iii) the barriers that impede full participation of 
members of unserved and underserved groups of 
individuals with developmental disabilities and their 
families; 
(iv) the 
availability 
of assistive 
technology, 
assistive technology services, or rehabilitation tech-
nology, or information about assistive technology, 
assistive technology services, or rehabilitation tech-
nology to individuals with developmental disabilities; 
(v) the numbers of individuals with developmental 
disabilities on waiting lists for services described in 
this subparagraph; 
(vi) a description of the adequacy of current 
resources and projected availability of futiu^ resources 
to fund services described in this subparagraph; 
(vii) a description of the adequacy of health care 
and other services, supports, and assistance that 
individuals with developmental disabilities who are 
in facilities receive (based in part on each independent 
review (pursuant to section 1902(a)(30)(C) of the Social 
114 STAT. 1698 
PUBLIC LAW 106-402—OCT. 30, 2000 
Security Act (42 U.S.C. 1396a(a)(30)(C))) of an Inter-
mediate Care Facility (Mental Retardation) within the 
State, which the State shall provide to the Council 
not later than 30 days after the availability of the 
review); and 
(viii) to the extent that information is available, 
a description of the adequacy of health care and other 
services, supports, and assistance that individuals with 
developmental disabilities who are served through 
home and community-based waivers (authorized under 
section 1915(c) of the Social Security Act (42 U.S.C. 
1396n(c))) receive; 
(D) a description of how entities fvmded imder subtitles 
C and D, through interagency agreements or other mecha-
nisms, collaborated with the entity funded under this sub-
title in the State, each other, and other entities to con-
tribute to the achievement of the purpose of this subtitle; 
and 
(E) the rationale for the goals related to advocacy, 
capacity building, and systemic change to be midertaken 
by the Council to contribute to the achievement of the 
purpose of this subtitle. 
(4) PLAN GOALS.—^The plan shall focus on Council efforts 
to bring about the purpose of this subtitle, by— 
(A) specifying 5-year goals, as developed through data 
driven strategic planning, for advocacy, capacity building, 
and systemic change related to the areas of emphasis, 
to be undertaken by the Council, that— 
(i) are derived from the unmet needs of individuals 
with developmental disabilities and their families 
identified under paragraph (3); and 
(ii) include a goal, for each year of the grant, 
to— 
(I) establish or strengthen a program for the 
direct funding of a State self-advocacy organization 
led by individuals with developmental disabilities; 
(II) support opportiuiities for individuals with 
developmental disabilities who are considered 
leaders to provide leadership training to individ-
uals with developmental disabilities who may 
become leaders; and 
(III) support and expand participation of 
individuals with developmental disabilities in 
cross-disability and culturally diverse leadership 
coalitions; and 
(B) for each year of the grant, describing— 
(i) the goals to be achieved through the grant, 
which, beginning in fiscal year 2002, shall be consistent 
with applicable indicators of progress described in sec-
tion 104(a)(3); 
(ii) the strategies to be used in achieving each 
goal; and 
(iii) the method to be used to determine if each 
goal has been achieved. 
(5) 
ASSURANCES.— 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1699 
(A) IN GENERAL.—^The plan shall contain or be sup-
ported by assurances and information described in subpara-
graphs (B) through (N) that are satisfactory to the Sec-
retary. 
(B) USE OF FUNDS.—^With respect to the funds paid 
to the State under section 122, the plan shall provide 
assurances that— 
(i) not less than 70 percent of such funds will 
be expended for activities related to the goals described 
in paragraph (4); 
(ii) such fiinds will contribute to the achievement 
of the purpose of this subtitle in various political sub-
divisions of the State; 
(iii) such funds will be used to supplement, and 
not supplant, the non-Federal funds that would other-
wise be made available for the purposes for which 
the funds paid under section 122 are provided; 
(iv) such funds will be used to complement and 
augment rather than duplicate or replace services for 
individuals with developmental disabilities and their 
families who are eligible for Federal assistgince under 
other State programs; 
(v) part of such funds will be made available by 
the State to public or private entities; 
(vi) at the request of any State, a portion of such 
funds provided to such State under this subtitle for 
any fiscal year shall be available to pay up to V^ 
(or the entire amount if the Council is the designated 
State agency) of the expenditures found to be necessary 
by the Secretary for the proper and efficient exercise 
of the functions of the designated State agency, except 
that not more than 5 percent of such funds provided 
to such State for any fiscal year, or $50,000, whichever 
is less, shall be made available for total expenditures 
for such purpose by the designated State agency; and 
(vii) not more than 20 percent of such funds will 
be allocated to the designated State agency for service 
demonstrations by such agency that— 
(I) contribute to the achievement of the pur-
pose of this subtitle; and 
(II) are explicitly authorized by the Council. 
(C) STATE FINANCIAL PARTICIPATION.—^The plan shall 
provide assurances that there will be reasonable State 
financial participation in the cost of carrying out the plan. 
(D) CONFLICT OF INTEREST.—^The plan shall provide 
an assurance that no member of such Council will cast 
a vote on any matter that would provide direct financial 
benefit to the member or otherwise give the appearance 
of a conflict of interest. 
(E) URBAN AND RURAL POVERTY AREAS.—^The plan shall 
provide assurances that special financial and technical 
assistance will be given to organizations that provide 
community services, individualized supports, and other 
forms of assistance to individuals with developmental 
disabilities who live in areas designated as urban or rural 
poverty areas. 
114 STAT. 1700 
PUBLIC LAW 106-402—OCT. 30, 2000 
(F) PROGRAM ACCESSIBILITY STANDARDS.—The plan 
shall provide assurances that programs, projects, and 
activities funded under the plan, and the buildings in which 
such programs, projects, and activities are operated, will 
meet standards prescribed by the Secretary in regulations 
and all applicable Federal and State accessibility stand-
ards, including accessibility requirements of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), 
section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 
794d), and the Fair Housing Act (42 U.S.C. 3601 et seq.). 
(G) INDIVIDUALIZED SERVICES.—^The plan shall provide 
assurances that any direct services provided to individuals 
with developmental disabilities and funded under the plan 
will be provided in an individualized manner, consistent 
with the unique strengths, resources, priorities, concerns, 
abilities, and capabilities of such individual. 
(H) HUMAN RIGHTS.—^The plan shall provide assurances 
that the human rights of the individuals with develop-
mental disabilities (especially individuals without familial 
protection) who are receiving services imder programs 
assisted under this subtitle will be protected consistent 
with section 109 (relating to rights of individuals with 
developmental disabilities). 
(I) MINORITY PARTICIPATION.—The plan shall provide 
assurances that the State has taken affirmative steps to 
assure that participation in programs funded under this 
subtitle is geographically representative of the State, and 
reflects the diversity of the State with respect to race 
and ethnicity. 
(J) EMPLOYEE PROTECTIONS.—The plan shall provide 
assurances that fair and equitable arrangements (as deter-
mined by the Secretary after consultation with the Sec-
retary of Labor) will be provided to protect the interests 
of employees affected by actions taken under the plan 
to provide community living activities, including arrange-
ments designed to preserve employee rights and benefits 
and provide training and retraining of such employees 
where necessary, and arrangements under which maximum 
efforts will be made to guarantee the emplo3anent of such 
employees. 
(K) STAFF ASSIGNMENTS.—^The plan shall provide assur-
ances that the staff and other personnel of the Council, 
while working for the Council, will be responsible solely 
for assisting the Coimcil in canying out the duties of 
the Coimcil imder this subtitle and will not be assigned 
duties by the designated State agency, or any other agency, 
office, or entity of the State. 
(L) NONINTERFERENCE.—The plan shall provide assur-
ances that the designated State agency, £ind any other 
agency, office, or entity of the State, will not interfere 
with the advocacy, capacity building, and systemic change 
activities, budget, personnel. State plan development, or 
plan implementation of the Council, except that the des-
ignated State agency shall have the authority necessary 
to carry out the responsibilities described in section 
125(d)(3). 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1701 
(M) STATE QUALITY ASSURANCE.—^The plan shall pro-
vide assurances that the Council will participate in the 
planning, design or redesign, and monitoring of State 
quality assurance systems that affect individuals with 
developmental disabilities. 
(N) OTHER ASSURANCES.—The plan shall contain such 
additional information and assurances as the Secretary 
may find necessary to carry out the provisions (including 
the purpose) of this subtitle. 
(d) PUBLIC INPUT AND REVIEW, SUBMISSION, AND APPROVAL.— 
(1) PUBLIC INPUT AND REVIEW.—^The plan shall be based 
on public input. The Council shall mgike the plan available 
for public review and comment, after providing appropriate 
and sufficient notice in accessible formats of the opportiuiity 
for such review and comment. The Council shall revise the 
plan to take into account and respond to significant comments. 
(2) CONSULTATION WITH THE DESIGNATED STATE AGENCY.— 
Before the plan is submitted to the Secretary, the Council j 
shall consult with the designated State agency to ensure that 
the State plan is consistent with State law and to obtain 
appropriate State plan assurances. 
(3) PLAN APPROVAL.—^The Secretary shall approve any State 
plan and, as appropriate, amendments of such plan that comply 
with the provisions of subsections (a), (b), and (c) and this 
subsection. The Secretary may take final action to disapprove 
a State plan after providing reasonable notice and an oppor-
tunity for a hearing to the State. 
SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABILITIES AND 42 USC 15025. 
DESIGNATED STATE AGENCIES. 
(a) IN GENERAL.—Each State that receives assistance under 
this subtitle shall establish and maintain a Council to undertake 
advocacy, capacity building, and systemic change activities (con-
sistent with subsections (b) and (c) of section 101) that contribute 
to a coordinated, consumer- and family-centered, consumer- and 
family-directed, comprehensive system of community services, 
individualized supports, and other forms of assistance that con-
tribute to the achievement of the purpose of this subtitle. The 
Council shall have the authority to fulfill the responsibilities 
described in subsection (c). 
(b) COUNCIL MEMBERSHIP.— 
(1) COUNCIL APPOINTMENTS.— 
(A) IN GENERAL.—^The members of the Council of a 
State shall be appointed by the Governor of the State 
from among the residents of that State. 
(B) RECOMMENDATIONS.—The Governor shall select 
members of the Council, at the discretion of the Governor, 
after soliciting recommendations from organizations rep-
resenting a broad range of individuals with developmental 
disabilities and individuals interested in individuals with 
developmental disabilities, including the non-State agency 
members of the Coimcil. The Council may, at the initiative 
of the Council, or on the request of the Governor, coordinate 
Council and public input to the Governor regarding all 
recommendations. 
(C) REPRESENTATION.—^The membership of the Council 
shall be geographically representative of the State and 
114 STAT. 1702 
PUBLIC LAW 106-402—OCT. 30, 2000 
reflect the diversity of the State with respect to race and 
ethnicity. 
(2) MEMBERSHIP ROTATION.—The Governor shall make 
appropriate provisions to rotate the membership of the Council. 
Such provisions shall allow members to continue to serve on 
the Council until such members' successors are appointed. The 
Council shall notify the Governor regarding membership 
requirements of the Council, and shall notify the Governor 
when vacancies on the Council remain unfilled for a significant 
period of time. 
(3) REPRESENTATION OF INDIVIDUALS WITH DEVELOPMENTAL 
DISABILITIES.—Not less than 60 percent of the membership 
of each Council shall consist of individuals who are— 
(A)(i) individuals with developmental disabilities; 
(ii) parents or guardians of children with develop-
mental disabilities; or 
(iii) immediate relatives or guardians of adults with 
mentally impairing developmental disabilities who cannot 
advocate for themselves; and 
(B) not employees of a State agency that receives funds 
or provides services under this subtitle, and who are not 
managing employees (as defined in section 1126(b) of the 
Social Security Act (42 U.S.C. 1320a-5(b)) of any other 
entity that receives funds or provides services under this 
subtitle. 
(4) REPRESENTATION OF AGENCIES AND ORGANIZATIONS.— 
(A) IN GENERAL.—^Each Council shall include— 
(i) representatives of relevant State entities, 
including— 
(I) State entities that administer funds pro-
vided under Federal laws related to individuals 
with disabilities, including the Rehabilitation Act 
of 1973 (29 U.S.C. 701 et seq.), the Individuals 
with Disabilities Education Act (20 U.S.C. 1400 
et seq.), the Older Americans Act of 1965 (42 
U.S.C. 3001 et seq.), and titles V and XIX of the 
Social Security Act (42 U.S.C. 701 et seq. and 
1396 et seq.); 
(II) Centers in the State; and 
(III) the State protection and advocacy system; 
and 
(ii) representatives, at all times, of local and non-
governmental agencies, and private nonprofit groups 
concerned with services for individuals with develop-
mental disabilities in the State in which such agencies 
and groups are located. 
(B) AUTHORITY AND LIMITATIONS.—^The representatives 
described in subparagraph (A) shall— 
(i) have sufficient authority to engage in policy 
planning and implementation on behalf of the depart-
ment, agency, or program such representatives rep-
resent; and 
(ii) recuse themselves from any discussion of 
grants or contracts for which such representatives' 
departments, agencies, or programs are grantees, con-
tractors, or applicants and comply with the conflict 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1703 
of interest 
assurance requirement under 
section 
124(c)(5)(D). 
(5) COMPOSITION OF MEMBERSHIP WITH DEVELOPMENTAL 
DISABILITIES.—Of the members of the Council described in para-
graph (3)— 
(A) Va shall be individuals with developmental disabil-
ities described in paragraph (3)(A)(i); 
(B) Vs shall be parents or guardians of children with 
developmental disabilities described in paragraph (3)(A)(ii), 
or immediate relatives or guardians of adults with develop-
mental disabilities described in paragraph (3)(A)(iii); and 
(C) Va shall be a combination of individuals described 
in paragraph (3)(A). 
(6) INSTITUTIONALIZED INDIVIDUALS.— 
(A) IN GENERAL.—Of the members of the Council 
described in paragraph (5), at least 1 shall be an immediate 
relative or guardian of an individual with a developmental 
disability who resides or previously resided in an institution 
or shall be an individual with a developmental disability 
who resides or previously resided in an institution. 
(B) LIMITATION.—Subparagraph (A) shall not apply 
with respect to a State if such an individual does not 
reside in that State. 
(c) COUNCIL RESPONSIBILITIES.— 
(1) IN GENERAL.—^A Coimcil, through Council members, 
staff, consultants, contractors, or subgrantees, shall have the 
responsibilities described in paragraphs (2) through (10). 
(2) ADVOCACY, CAPACITY BUILDING, AND SYSTEMIC CHANGE 
ACTIVITIES.—^The Council shall serve as an advocate for individ-
uals with developmental disabilities and conduct or support 
programs, projects, and activities that carry out the purpose 
of this subtitle. 
(3) EXAMINATION OF GOALS.—^At the end of each grant 
year, each Council shall— 
(A) determine the extent to which each goal of the 
Council was achieved for that year; 
(B) determine to the extent that each goal was not 
achieved, the factors that impeded the achievement; 
(C) determine needs that require amendment of the 
5-year strategic State plan required under section 124; 
(D) separately determine the information on the self-
advocacy goal described in section 124(c)(4)(A)(ii); and 
(E) determine customer satisfaction with Council sup-
ported or conducted activities. 
(4) STATE PLAN DEVELOPMENT.—^The Council shall develop 
the State plan and submit the State plan to the Secretary 
after consultation with the designated State agency under the 
State plan. Such consultation shsQl be solely for the purposes 
of obtaining State assurances and ensuring consistency of the 
plan with State law. 
(5) STATE PLAN IMPLEMENTATION.— 
(A) IN GENERAL.—^The Council shall implement the 
State plan by conducting and supporting advocacy, capacity 
building, and systemic change activities such as those 
described in subparagraphs (B) through (L). 
114 STAT. 1704 
PUBLIC LAW 106-402—OCT. 30, 2000 
(B) OUTREACH.—^The Council may support and conduct 
outreach activities to identify individuals with develop-
mental disabilities and their families who otherwise might 
not come to the attention of the Council and assist and 
enable the individuals and families to obtain services, 
individualized supports, and other forms of assistance, 
including access to special adaptation of generic commvmity 
services or specialized services. 
(C) TRAINING.—The Council may support and conduct 
training for persons who are individuals with develop-
mental disabilities, their families, and personnel (including 
professionals, paraprofessionals, students, volunteers, and 
other community members) to enable such persons to 
obtain access to, or to provide, community services, individ-
ualized supports, and other forms of assistance, including 
special adaptation of generic community services or special-
ized services for individuals with developmental disabilities 
and their families. To the extent that the Council supports 
or conducts training activities under this subparagraph, 
such activities shall contribute to the achievement of the 
purpose of this subtitle. 
(D) TECHNICAL ASSISTANCE.—^The Council may support 
and conduct technical assistance activities to assist public 
and private entities to contribute to the achievement of 
the purpose of this subtitle. 
(E) SUPPORTING AND EDUCATING COMMUNITIES.—The 
Council may support and conduct activities to assist 
neighborhoods and communities to respond positively to 
individuals with developmental disabilities and their 
families— 
(i) by encouraging local networks to provide 
informal and formal supports; 
(ii) through education; and 
(iii) by enabling neighborhoods and communities 
to offer such individuals and their families access to 
and use of services, resources, and opportunities. 
(F) 
INTERAGENCY 
COLLABORATION AND 
COORDINA-
TION.—^The Council may support and conduct activities to 
promote interagency collaboration and coordination to 
better serve, support, assist, or advocate for individuals 
with developmental disabilities and their families. 
(G) COORDINATION WITH RELATED COUNCILS, COMMIT-
TEES, AND PROGRAMS.—^The Coimcil may support and con-
duct activities to enhance coordination of services with— 
(i) other councils, entities, or committees, author-
ized by Federal or State law, concerning individuals 
with disabilities (such as the State interagency coordi-
nating council established under subtitle C of the 
Individuals with Disabilities Education Act (20 U.S.C. 
1431 et seq.), the State Rehabilitation Council and 
the Statewide Independent Living Council established 
under the Rehabilitation Act of 1973 (29 U.S.C. 701 
et seq.), the State mental health planning council 
established imder subtitle B of title XIX of the Public 
Health Service Act (42 U.S.C. 300x-l et seq.), and 
the activities authorized under section 101 or 102 of 
the Assistive Technology Act of 1998 (29 U.S.C. 3011, 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1705 
3012), and entities carrying out other similar councils, 
entities, or committees); 
(ii) parent trsiining and information centers under 
part D of the Individuals with Disabilities Education 
Act (20 U.S.C. 1451 et seq.) and other entities carrjdng 
out federally funded projects that assist parents of 
children with disabilities; and 
(iii) other groups interested in advocacy, capacity 
building, and systemic change activities to benefit 
individuals with disabilities. 
(H) 
BAKRIER 
ELIMINATION, 
SYSTEMS 
DESIGN 
AND 
REDESIGN.—^The Coimcil may support and conduct activities 
to eliminate barriers to access and use of community serv-
ices by individuals with developmental disabilities, enhance 
systems design and redesign, and enhance citizen participa-
tion to address issues identified in the State plan. 
(I) COALITION DEVELOPMENT AND CITIZEN PARTICIPA-
TION.—The Council may support and conduct activities to 
educate the public about the capabilities, preferences, and 
needs of incfeviduals with developmental disabilities and 
their families and to develop and support cosQitions that 
support the policy agenda of the Council, including training 
in self-advocacy, education of polic3anakers, and citizen 
leadership skills. 
(J) INFORMING POLICYMAKERS.—^The Coimcil may sup-
port and conduct activities to provide information to policy-
makers by supporting and conducting studies and analyses, 
gathering information, and developing and disseminating 
model poUcies and procedures, information, approaches, 
strategies, findings, conclusions, and recommendations. The 
Council may provide the information directly to Federal, 
State, and local policjnnakers, including Congress, the Fed-
eral executive branch, the Governors, State legislatures, 
and State agencies, in order to increase the ability of such 
polic3rmakers to offer opportunities and to enhance or adapt 
generic services to meet the needs of, or provide specialized 
services to, individuals with developmental disabilities and 
their families. 
(K) DEMONSTRATION OF NEW APPROACHES TO SERVICES 
AND SUPPORTS.— 
(i) IN GENERAL.—^The Council may support and 
conduct, on a time-limited basis, activities to dem-
onstrate new approaches to serving individuals with 
developmental disabilities that are a part of an overall 
strategy for systemic change. The strategy may involve 
the education of policymakers and the public about 
how to deliver effectively, to individuals with develop-
mental disabilities and their families, services, sup-
ports, and assistance that contribute to the achieve-
ment of the purpose of this subtitle. 
(ii) SOURCES OF FUNDING.—^The Council may carry 
out this subparagraph by supporting and conducting 
demonstration activities through sources of funding 
other than funding provided under this subtitle, and 
by assisting entities conducting demonstration activi-
ties to develop strategies for securing funding from 
other sources. 
114 STAT. 1706 
PUBLIC LAW 106-402—OCT. 30, 2000 
(L) OTHER ACTIVITIES.—^The Council may support and 
conduct other advocacy, capacity building, and systemic 
change activities to promote the development of a coordi-
nated, consumer- and family-centered, consumer- and 
family-directed, comprehensive system of community serv-
ices, individualized supports, and other forms of assistance 
that contribute to the achievement of the purpose of this 
subtitle. 
(6) REVIEW OF DESIGNATED STATE AGENCY.—The Council 
shall periodically review the designated State agency and activi-
ties carried out under this subtitle by the designated State 
agency and make any recommendations for change to the Gov-
ernor. 
(7) REPORTS.—Beginning in fiscal year 2002, the Council 
shall annually prepare and transmit to the Secretary a report. 
Each report shall be in a form prescribed by the Secretary 
by regulation under section 104(b). Each report shall contain 
information about the progress made by the Council in 
achieving the goals of the Council (as specified in section 
124(c)(4)), including— 
(A) a description of the extent to which the goals were 
achieved; 
(B) a description of the strategies that contributed 
to achieving the goals; 
(C) to the extent to which the goals were not achieved, 
a description of factors that impeded the achievement; 
(D) separate information on the self-advocacy goal 
described in section 124(c)(4)(A)(ii); 
(E)(i) as appropriate, an update on the results of the 
comprehensive review and analysis described in section 
124(c)(3); and 
(ii) information on consumer satisfaction with Council 
supported or conducted activities; 
(F)(i) a description of the adequacy of health care and 
other services, supports, and assistance that individuals 
with developmental disabilities in Intermediate Care Facili-
ties (Mental Retardation) receive; and 
(ii) a description of the adequacy of health care and 
other services, supports, and assistance that individuals 
with developmental disabilities served through home and 
community-based waivers (authorized under section 1915(c) 
of the Social Security Act (42 U.S.C. 1396n(c)) receive; 
(G) an accounting of the manner in which funds psdd 
to the State under this subtitle for a fiscal year were 
expended; 
(H) a description of— 
(i) resources made available to carry out activities 
to assist individuals with developmental disabilities 
that are directly attributable to Coimcil actions; and 
(ii) resources made available for such activities 
that are undertaken by the Council in collaboration 
with other entities; and 
(I) a description of the method by which the Council 
will widely disseminate the annual report to affected 
constituencies and the general public and will assure that 
the report is available in accessible formats. 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1707 
(8) BUDGET.—Each Council shall prepare, approve, and 
implement a budget using amounts paid to the State under 
this subtitle to fund and implement all programs, projects, 
and activities carried out under this subtitle, including— 
(A)(i) conducting such hearings and forums as the 
Council may determine to be necessary to carry out the 
duties of the Council; and 
(ii) as determined in Council policy— 
(I) reimbursing members of the Council for reason-
able and necessEoy expenses (including expenses for 
child care and personal assistance services) for 
attending Council meetings and performing Council 
duties; 
(II) paying a stipend to a member of the Council, 
if such member is not employed or must forfeit wages 
from other emplojnnent, to attend Council meetings 
and perform other Council duties; 
(III) supporting Council member and staff travel 
to authorized training and technical assistance activi-
ties including in-service training and leadership 
development activities; and 
(IV) carrying out appropriate subcontracting activi-
ties; 
(B) hiring and maintaining such numbers and types 
of staff (qualified by training and experience) and obtaining 
the services of such professional, consulting, technical, and 
clerical staff (qualified by training and experience), con-
sistent with State law, as the Council determines to be 
necessary to carry out the functions of the Council under 
this subtitle, except that such State shall not apply hiring 
freezes, reductions in force, prohibitions on travel, or other 
policies to the staff of the Council, to the extent that 
such policies would impact the staff or functions funded 
with Federal funds, or would prevent the Council from 
canning out the functions of the Council under this sub-
title; and 
(C) directing the expenditure of funds for grants, con-
tracts, interagency agreements that are binding contracts, 
and other activities authorized by the State plan approved 
under section 124. 
(9) STAFF HIRING AND SUPERVISION.—The Council shall, 
consistent with State law, recruit and hire a Director of the 
Council, should the position of Director become vacant, and 
supervise and annually evaluate the Director. The Director 
shall hire, supervise, and annually evaluate the staff of the 
Coimcil. Council recruitment, hiring, and dismissal of staff 
shall be conducted in a manner consistent with Federal and 
State nondiscrimination laws. Dismissal of personnel shall be 
conducted in a manner consistent with State law and personnel 
policies. 
(10) STAFF ASSIGNMENTS.—^The staff of the Council, while 
working for the Council, shall be responsible solely for assisting 
the Coimcil in carrying out the duties of the Council under 
this subtitle and shall not be assigned duties by the designated 
State agency or any other agency or entity of the State. 
(11) CONSTRUCTION.—^Nothing in this title shall be con-
strued to authorize a Council to direct, control, or exercise 
79-194 O - 00 - 20 : QL 3 Part 3 
114 STAT. 1708 
PUBLIC LAW 106-402—OCT. 30, 2000 
any policymaking authority or administrative authority over 
any program assisted imder the RehabiHtation Act of 1973 
(29 U.S.C. 701 et seq.) or the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.). 
(d) DESIGNATED STATE AGENCY.— 
(1) IN GENERAL.—Each State that receives assistance under 
this subtitle shall designate a State agency that shall, on behalf 
of the State, provide support to the Council. After the date 
of enactment of the Developmental Disabilities Assistance and 
Bill of Rights Act Amendments of 1994 (Public Law 103-230), 
any designation of a State agency under this paragraph shall 
be made in accordance with the requirements of this subsection. 
(2) DESIGNATION.— 
(A) TYPE OF AGENCY.—Except as provided in this sub-
section, the designated State agency shall be— 
(i) the Council if such Council may be the des-
ignated State agency under the laws of the State; 
(ii) a State agency that does not provide or pay 
for services for individuals with developmental disabil-
ities; or 
(iii) a State office, including the immediate office 
of the Governor of the State or a State planning office. 
(B) CONDITIONS FOR CONTINUATION OF STATE SERVICE 
AGENCY DESIGNATION.— 
(i) DESIGNATION BEFORE ENACTMENT.—If a State 
agency that provides or pays for services for individuals 
with developmental disabilities was a designated State 
agency for purposes of part B of the Developmental 
Disabilities Assistance and Bill of Rights Act on the 
date of enactment of the Developmental Disabilities 
Assistance and Bill of Rights Act Amendments of 1994, 
and the Governor of the State (or the legislature, where 
appropriate and in accordance with State law) deter-
mines prior to June 30, 1994, not to change the des-
ignation of such agency, such agency may continue 
to be a designated State agency for purposes of this 
subtitle. 
(ii) CRITERIA FOR CONTINUED DESIGNATION.—The 
determination, at the discretion o£ the Governor (or 
the legislature, as the case may be), shall be made 
after— 
(I) the Governor has considered the comments 
and recommendations of the general public and 
a majority of the non-State agency members of 
the Council with respect to the designation of such 
State agency; and 
(II) the Governor (or the legislature, as the 
case may be) has made an independent assessment 
that the designation of such agency will not inter-
fere with the budget, personnel, priorities, or other 
action of the Council, and the ability of the Council 
to serve as an independent advocate for individuals 
with developmental disabilities. 
(C) REVIEW OF DESIGNATION.—^The Council may request 
a review of and change in the designation of the designated 
State agency by the Governor (or the legislature, as the 
case may be). The Council shall provide documentation 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1709 
concerning the reason the Council desires a change to 
be made and make a recommendation to the Governor 
(or the legislature, as the case may be) regarding a pre-
ferred designated State agency. 
(D) APPEAL OF DESIGNATION.—^After the review is com-
pleted under subparagraph (C), a majority of the non-
State agency members of the Council may appeal to the 
Secretary for a review of and change in the designation 
of the designated State agency if the ability of the Council 
to serve as an independent advocate is not assured because 
of the actions or inactions of the designated State agency. 
(3) RESPONSIBILITIES.— 
(A) IN GENERAL.—^The designated State agency shall, 
on behalf of the State, have the responsibilities described 
in subparagraphs (B) through (G). 
(B) SUPPORT SERVICES.—The designated State agency 
shall provide required assurances and support services as 
requested by and negotiated with the Council. 
(C) FISCAL RESPONSIBILITIES.—^The designated State 
agency shall— 
(i) receive, account for, and disburse funds under 
this subtitle based on the State plan required in section 
124; and 
(ii) provide for such fiscal control and 
fund 
accounting procedures as may be necessary to assure 
the proper disbursement of, and accounting for, funds 
paid to the State under this subtitle. 
(D) RECORDS, ACCESS, AND FINANCIAL REPORTS.—The 
designated State agency shall keep and provide access to 
such records as the Secretary and the Coimcil may deter-
mine to be necessary. The designated State agency, if other 
than the Council, shall provide timely financial reports 
at the request of the Council regarding the status of 
expenditures, obligations, and liquidation by the agency 
or the Council, and the use of the Federal and non-Federal 
shares described in section 126, by the agency or the 
Council. 
(E) 
NON-FEDERAL 
SHARE.—The 
designated 
State 
agency, if other than the Council, shall provide the required 
non-Federal share described in section 126(c). 
(F) ASSURANCES.—The designated State agency shall 
assist the Council in obtaining the appropriate State plan 
assurances and in ensuring that the plan is consistent 
with State law. 
(G) 
MEMORANDUM 
OF 
UNDERSTANDING.—On 
the 
request of the Council, the designated State agency shall 
enter into a memorandum of understanding with the 
Council delineating the roles and responsibilities of the 
designated State agency. 
(4) USE OF FUNDS FOR DESIGNATED STATE AGENCY RESPON-
SIBILITIES.— 
(A) CONDITION FOR FEDERAL FUNDING.— 
(i) IN GENERAL.—^The Secretary shall provide 
amounts to a State under section 124(c)(5)(B)(vi) for 
a fiscal year only if the State expends an amount 
from State sources for carrying out the responsibilities 
of the designated State agency under paragraph (3) 
114 STAT. 1710 
PUBLIC LAW 106-402—OCT. 30, 2000 
for the fiscal year that is not less than the total amount 
the State expended from such sources for carrying 
out similar responsibilities for the previous fiscal year. 
(ii) EXCEPTION.—Clause (i) shall not apply in a 
year in which the Council is the designated State 
agency. 
(B) SUPPORT SERVICES PROVIDED BY OTHER AGENCIES.— 
With the agreement of the designated State agency, the 
Council may use or contract with agencies other than the 
designated State agency to perform the functions of the 
designated State agency. 
42 use 15026. 
SEC. 126. FEDERAL AND NON-FEDERAL SHARE. 
(a) AGGREGATE COST.— 
(1) IN GENERAL.—^Except as provided in paragraphs (2) 
and (3), the Federal share of the cost of all projects in a 
State supported by an allotment to the State under this subtitle 
may not be more than 75 percent of the aggregate necessary 
cost of such projects, as determined by the Secretary. 
(2) URBAN OR RURAL POVERTY AREAS.—In the case of 
projects whose activities or products target individuals with 
developmental disabilities who live in urban or rural poverty 
areas, as determined by the Secretary, the Federal share of 
the cost of all such projects may not be more than 90 percent 
of the aggregate necessary cost of such projects, as determined 
by the Secretary. 
(3) STATE PLAN ACTIVITIES.—In the case of projects under-
taken by th«3 Council or Council staff to implement State plan 
activities, the Federal share of the cost of all such projects 
may be not more than 100 percent of the aggregate necessary 
cost of such activities. 
(b) NONDUPLICATION.—In determining the amount of any 
State's Federal share of the cost of such projects incurred by such 
State under a State plan approved under section 124, the Secretary 
shall not consider— 
(1) any portion of such cost that is financed by Federal 
funds provided under any provision of law other than section 
122; and 
(2) the amount of any non-Federal funds required to be 
expended as a condition of receipt of the Federal funds described 
in paragraph (1). 
(c) NON-FEDERAL SHARE.— 
(1) IN-KIND CONTRIBUTIONS.—The non-Federal share of the 
cost of any project supported by an allotment under this subtitle 
may be provided in cash or in kind, fairly evaluated, including 
plant, equipment, or services. 
(2) CONTRIBUTIONS OF POLITICAL SUBDIVISIONS AND PUBLIC 
OR PRIVATE ENTITIES.— 
(A) IN GENERAL.—Contributions to projects by a polit-
ical subdivision of a State or by a public or private entity 
under an agreement with the State shall, subject to such 
limitations and conditions as the Secretary may by regula-
tion prescribe under section 104(b), be considered to be 
contributions by such State, in the case of a project sup-
ported under this subtitle. 
(B) 
STATE 
CONTRIBUTIONS.—State 
contributions, 
including contributions by the designated State agency to 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1711 
provide support services to the Council pursuant to section 
125(d)(4), may be counted as part of such State's non-
Federal share of the cost of projects supported under this 
subtitle. 
(3) VARIATIONS OF THE NON-FEDERAL SHARE.—^The non-
Federal share required of each recipient of a grant from a 
Council under this subtitle may vary. 
SEC. 127.WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRA-
TION, AND SERVICES. 
Whenever the Secretary, after providing reasonable notice and 
an opportunity for a hearing to the Council and the designated 
State agency, finds that— 
(1) the Council or agency has failed to comply substantially 
with any of the provisions required by section 124 to be included 
in the State plan, particularly provisions required by para-
graphs (4)(A) and (5)(B)(vii) of section 124(c), or with any of 
the provisions required by section 125(b)(3); or 
(2) the Council or agency has failed to comply substantially 
with any regulations of the Secretary that are applicable to 
this subtitle, 
the Secretary shall notify such Council and agency that the Sec-
retary will not make further payments to the State under section 
122 (or, in the discretion of the Secretary, that further payments 
to the State under section 122 for activities for which there is 
such failure), until the Secretary is satisfied that there will no 
longer be such failure. Until the Secretary is so satisfied, the 
Secretary shall make no further payments to the State under section 
122, or shall limit further payments under section 122 to such 
State to activities for which there is no such failure. 
SEC. 128. APPEALS BY STATES. 
(a) APPEAL.—If any State is dissatisfied with the Secretary's 
action under section 124(d)(3) or 127, such State may appeal to 
the United States court of appeals for the circuit in which such 
State is located, by filing a petition with such court not later 
than 60 days after such action. 
(b) FILING.—^The clerk of the court shall transmit promptly 
a copy of the petition to the Secretary, or any officer designated 
by the Secretary for that purpose. The Secretary shall file promptly 
with the court the record of the proceedings on which the Secretary 
based the action, as provided in section 2112 of title 28, United 
States Code. 
(c) JURISDICTION.—^Upon the filing of the petition, the court 
shall have jurisdiction to affirm the action of the Secretary or 
to set the action aside, in whole or in part, temporarily or perma-
nently. Until the filing of the record, the Secretary may modify 
or set aside the order of the Secretary relating to the action. 
(d) FINDINGS AND REMAND.—The findings of the Secretary about 
the facts, if supported by substantial evidence, shall be conclusive, 
but the court, for good cause shown, may remand the case involved 
to the Secretary for further proceedings to take further evidence. 
On remand, the Secretary may make new or modified findings 
of fact and may modify the previous action of the Secretary, and 
shall file with the court the record of the further proceedings. 
Such new or modified findings of fact shall likewise be conclusive 
if supported by substantial evidence. 
42 use 15027. 
42 use 15028. 
114 STAT. 1712 
PUBLIC LAW 106-402—OCT. 30, 2000 
(e) FINALITY.—The judgment of the court affirming or setting 
aside, in whole or in part, any action of the Secretary shall be 
final, subject to review by the Supreme Court of the United States 
upon certiorari or certification as provided in section 1254 of title 
28, United States Code. 
(f) EFFECT.—The commencement of proceedings under this sec-
tion shall not, unless so specifically ordered by a court, operate 
as a stay of the Secretary's action. 
42 use 15029. 
SEC. 129AUTHORIZATION OF APPROPRIATIONS. 
(a) FUNDING FOR STATE ALLOTMENTS.—^Except as described in 
subsection (b), there are authorized to be appropriated for allot-
ments under section 122 $76,000,000 for fiscal year 2001 and such 
sums as may be necessary for each of fiscal years 2002 through 
2007. 
(b) RESERVATION FOR TECHNICAL ASSISTANCE.— 
(1) LOWER APPROPRIATION YEARS.—For any fiscal year for 
which the amount appropriated under subsection (a) is less 
than $76,000,000, the Secretary shall reserve funds in accord-
ance with section 163(c) to provide technical assistance to enti-
ties funded under this subtitle. 
(2) HIGHER APPROPRIATION YEARS.—For any fiscal year for 
which the amount appropriated under subsection (a) is not 
less than $76,000,000, the Secretary shall reserve not less 
than $300,000 and not more than 1 percent of the amount 
appropriated under subsection (a) to provide technical assist-
ance to entities funded under this subtitle. 
Subtitle C—Protection and Advocacy of 
Individual Rights 
42 use 15041. 
SEC. 141. PURPOSE. 
The purpose of this subtitle is to provide for allotments to 
support a protection and advocacy system (referred to in this sub-
title as a "system") in each State to protect the legal and human 
rights of individuals with developmental disabilities in accordance 
with this subtitle. 
42 use 15042. 
SEC. 142. ALLOTMENTS AND PAYMENTS. 
(a) ALLOTMENTS.— 
(1) IN GENERAL.—^To assist States in meeting the require-
ments of section 143(a), the Secretary shall allot to the Stateis 
the amounts appropriated under section 145 and not reserved 
under paragraph (6). Allotments and reallotments of such sums 
shall be made on the same basis as the allotments and reallot-
ments are made under subsections (a)(1)(A) and (e) of section 
122, except as provided in paragraph (2). 
(2) MINIMUM ALLOTMENTS.—In any case in which— 
(A) the total amount appropriated under section 145 
for a fiscal year is not less than $20,000,000, the allotment 
under paragraph (1) for such fiscal year— 
(i) to each of American Samoa, Guam, the United 
States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands may not be less than 
$107,000; and 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1713 
(ii) to any State not described in clause (i) may 
not be less than $200,000; or 
(B) the total amount appropriated under section 145 
for a fiscal year is less than $20,000,000, the allotment 
under paragraph (1) for such fiscal year— 
(i) to each of American Samoa, Guam, the United 
States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands may not be less than 
$80,000; and 
(ii) to any State not described in clause (i) may 
not be less than $150,000. 
(3) REDUCTION OF ALLOTMENT.—Notwithstanding para-
graphs (1) and (2), if the aggregate of the amounts to be 
allotted to the States pursuant to such paragraphs for any 
fiscal year exceeds the total amount appropriated for such 
allotments under section 145 for such fiscal year, the amount 
to be allotted to each State for such fiscal year shall be propor-
tionately reduced. 
(4) INCREASE IN ALLOTMENTS.—In any year in which the 
total amount appropriated under section 145 for a fiscal year 
exceeds the total amount appropriated under such section (or 
a corresponding provision) for the preceding fiscal year by a 
percentage greater than the most recent percentage change 
in the Consumer Price Index published by the Secretary of 
Labor under section 100(c)(1) of the Rehabilitation Act of 1973 
(29 U.S.C. 720(c)(1)) (if the percentage change indicates an 
increase), the Secretary shall increase each of the minimum 
allotments described in subparagraphs (A) and (B) of paragraph 
(2). The Secretary shall increase each minimum allotment by 
an amount that bears the same ratio to the amount of such 
minimum allotment (including any increases in such minimum 
allotment under this paragraph (or a corresponding provision) 
for prior fiscal years) as the amount that is equal to the dif-
ference between— 
(A) the total amount appropriated under section 145 
for the fiscal year for which the increase in the minimum 
allotment is being made; minus 
(B) the total amount appropriated under section 145 
(or a corresponding provision) for the immediately pre-
ceding fiscal year, 
bears to the total amount appropriated under section 145 (or 
a corresponding provision) for such preceding fiscal year. 
(5) MONITORING THE ADMINISTRATION OF THE SYSTEM.— 
In a State in which the system is housed in a State agency, 
the State may use not more than 5 percent of any allotment 
under this subsection for the costs of monitoring the administra-
tion of the system required under section 143(a). 
(6) TECHNICAL ASSISTANCE AND AMERICAN INDDSLN CONSOR-
TIUM.—In any case in which the total amount appropriated 
under section 145 for a fiscal year is more than $24,500,000, 
the Secretary shall— 
(A) use not more than 2 percent of the amount appro-
priated to provide technical assistance to eligible systems 
with respect to activities carried out under this subtitle 
(consistent with requests by such systems for such assist-
ance for the year); and 
114 STAT. 1714 
PUBLIC LAW 106-402—OCT. 30, 2000 
(B) provide a grant in accordance with section 143(b), 
and in an amount described in paragraph (2)(A)(i), to an 
American Indian consortium to provide protection and 
advocacy services. 
(b) PAYMENT TO SYSTEMS.—Notwithstanding any other provi-
sion of law, the Secretary shall pay directly to any system in 
a State that complies with the provisions of this subtitle the amount 
of the allotment made for the State under this section, unless 
the system specifies otherwise. 
(c) UNOBLIGATED FUNDS.—^Any amount paid to a system under 
this subtitle for a fiscal year and remaining unobligated at the 
end of such year shall remain available to such system for the 
next fiscal year, for the purposes for which such amount was paid. 
42 use 15043. 
SEC. 143. SYSTEM REQUIRED. 
(a) SYSTEM REQUIRED.—In order for a State to receive an allot-
ment under subtitle B or this subtitle— 
(1) the State shall have in effect a system to protect and 
advocate the rights of individuals with developmental disabil-
ities; 
(2) such system shall— 
(A) have the authority to— 
(i) pursue legal, administrative, and other appro-
priate remedies or approaches to ensure the protection 
of, and advocacy for, the rights of such individuals 
within the State who are or who may be eligible for 
treatment, services, or habilitation, or who are being 
considered for a change in living arrangements, with 
particular attention to members of ethnic and racial 
minority groups; and 
(ii) provide information on and referral to programs 
and services addressing the needs of individuals with 
developmental disabilities; 
(B) have the authority to investigate incidents of abuse 
and neglect of individuals with developmental disabilities 
if the incidents are reported to the system or if there 
is probable cause to believe that the incidents occurred; 
(C) on an annual basis, develop, submit to the Sec-
retary, and take action with regard to goals (each of which 
is related to 1 or more areas of emphasis) and priorities, 
developed through data driven strategic planning, for the 
system's activities; 
(D) on an annual basis, provide to the public, including 
individuals with developmental disabilities attributable to 
either physical impairment, mental impairment, or a com-
bination of physical and mental impairment, and their 
representatives, and as appropriate, non-State agency rep-
resentatives of the State Councils on Developmental 
Disabilities, and Centers, in the State, an opportunity to 
comment on— 
(i) the goals and priorities established by the 
system and the rationale for the establishment of such 
goals; and 
(ii) the activities of the system, including the 
coordination of services with the entities carrying out 
advocacy programs under the Rehabilitation Act of 
1973 (29 U.S.C. 701 et seq.), the Older Americans 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1715 
Act of 1965 (42 U.S.C. 3001 et seq.), and the Protection 
and Advocacy for Mentally 111 Individuals Act of 1986 
(42 U.S.C. 10801 et seq.), and with entities carrying 
out other related programs, including the parent 
training and information centers funded under the 
Individuals with Disabilities Education Act (20 U.S.C. 
1400 et seq.), and activities authorized under section 
101 or 102 of the Assistive Technology Act of 1998 
(29 U.S.C. 3011, 3012); 
(E) establish a grievance procedure for clients or 
prospective clients of the system to ensure that individuals 
with developmental disabilities have full access to services 
of the system; 
(F) not be administered by the State Council on 
Developmental Disabilities; 
(G) be independent of any agency that provides treat-
ment, services, or habilitation to individuals with develop-
mental disabilities; 
(H) have access at reasonable times to any individual 
with a developmental disability in a location in which 
services, supports, and other assistance are provided to 
such an individual, in order to carry out the purpose of 
this subtitle; 
(I) have access to all records of— 
(i) any individual with a developmental disability 
who is a client of the system if such individual, or 
the legal guardian, conservator, or other legal rep-
resentative of such individual, has authorized the 
system to have such access; 
(ii) any individual with a developmental disability, 
in a situation in which— 
(I) the individual, by reason of such individ-
ual's mental or physical condition, is unable to 
authorize the system to have such access; 
(II) the individual does not have a legal 
guardian, conservator, or other legal representa-
tive, or the legal guardian of the individual is 
the State; and 
(III) a complaint has been received by the 
system about the individual with regard to the 
status or treatment of the individual or, as a result 
of monitoring or other activities, there is probable 
cause to believe that such individual has been 
subject to abuse or neglect; and 
(iii) any individual with a developmental disability, 
in a situation in which— 
(I) the individual has a legal guardian, conser-
vator, or other legal representative; 
(II) a complaint has been received by the 
system about the individual with regard to the 
status or treatment of the individual or, as a result 
of monitoring or other activities, there is probable 
cause to believe that such individual has been 
subject to abuse or neglect; 
(III) such representative has been contacted 
by such system, upon receipt of the name and 
address of such representative; 
114 STAT. 1716 
PUBLIC LAW 106-402—OCT. 30, 2000 
(IV) such system has offered assistance to such 
representative to resolve the situation; and 
(V) such representative has failed or refused 
to act on behalf of the individual; 
(J)(i) have access to the records of individuals described 
in subparagraphs (B) and (I), and other records that are 
relevant to conducting an investigation, under the cir-
cumstances described in those subparagraphs, not later 
than 3 business days after the system makes a written 
request for the records involved; and 
(ii) have immediate access, not later than 24 hours 
after the system makes such a request, to the records 
without consent from another party, in a situation in which 
services, supports, and other assistance are provided to 
an individual with a developmental disability— 
(I) if the system determines there is probable cause 
to believe that the health or safety of the individual 
is in serious and immediate jeopardy; or 
(II) in any case of death of an individual with 
a developmental disability; 
(K) hire and maintain sufficient numbers and tj^es 
of staff (qualified by training and experience) to carry out 
such system's functions, except that the State involved 
shall not apply hiring freezes, reductions in force, prohibi-
tions on travel, or other policies to the staff of the system, 
to the extent that such policies would impact the staff 
or functions of the system funded with Federal funds or 
would prevent the system from carrying out the functions 
of the system under this subtitle; 
(L) have the authority to educate policymakers; and 
(M) provide assurances to the Secretary that funds 
allotted to the State under section 142 will be used to 
supplement, and not supplant, the non-Federal funds that 
would otherwise be made available for the purposes for 
which the allotted funds are provided; 
(3) to the extent that information is available, the State 
shall provide to the system— 
(A) a copy of each independent review, pursuant to 
section 1902(a)(30XC) of the Social Security Act (42 U.S.C. 
1396a(a)(30)(C)), ^ an Intermediate Care FaciUty (Mental 
Retardation) within the State, not later than 30 days after 
the availability of such a review; and 
(B) information about the adequacy of health care and 
other services, supports, and assistance that individuals 
with developmental disabilities who are served through 
home and community-based waivers (authorized under sec-
tion 1915(c) of the Social Security Act (42 U.S.C. 1396n(c))) 
receive; and 
(4) the agency implementing the system shall not be 
redesignated unless— 
(A) there is good cause for the redesignation; 
(B) the State has given the agency notice of the 
intention to make such redesignation, including notice 
regarding the good cause for such redesignation, and given 
the agency an opportunity to respond to the assertion that 
good cause has been shown; 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1717 
(C) the State has given timely notice and an oppor-
tunity for pubUc comment in an accessible format to 
individuals with developmental disabilities or their rep-
resentatives; and 
(D) the system has an opportunity to appeal the 
redesignation to the Secretary, on the basis that the 
redesignation was not for good cause. 
(b) AMERICAN INDIAN CONSORTIUM.—^Upon application to the 
Secretary, an American Indian consortium established to provide 
protection and advocacy services under this subtitle, shall receive 
funding pursuant to section 142(a)(6) to provide the services. Such 
consortium shall be considered to be a system for purposes of 
this subtitle and shall coordinate the services with other systems 
serving the same geographic area. The tribal council that designates 
the consortium shall carry out the responsibilities and exercise 
the authorities specified for a State in this subtitle, with regard 
to the consortium. 
(c) RECORD.—In this section, the term "record" includes— 
(1) a report prepared or received by any staff at any location 
at which services, supports, or other assistance is provided 
to individuals with developmental disabilities; 
(2) a report prepared by an agency or staff person cheirged 
with investigating reports of incidents of abuse or neglect, 
injury, or death occurring at such location, that describes such 
incidents and the steps taken to investigate such incidents; 
and 
(3) a discharge planning record. 
SEC. 144. ADMINISTRATION. 
42 USC 15044. 
(a) GrOVERNiNG BoARD.—In a state in which the system 
described in section 143 is organized as a private nonprofit entity 
with a multimember governing board, or a public system with 
a multimember governing board, such governing board shall be 
selected according to the policies and procedures of the system, 
except that— 
(1)(A) the governing board shall be composed of members 
who broadly represent or are knowledgeable about the needs 
of the individuals served by the system; 
(B) a majority of the members of the board shall be— 
(i) individuals with disabilities, including individuals 
with developmental disabilities, who are eligible for serv-
ices, or have received or are receiving services through 
the system; or 
(ii) parents, family members, guardians, advocates, or 
authorized representatives of individuals referred to in 
clause (i); and 
(C) the board may include a representative of the State 
Council on Developmental Disabilities, the Centers in the State, 
and the 
self-advocacy 
organization 
described 
in 
section 
124(c)(4)(A)(ii)(I); 
(2) not more than Vz of the members of the governing 
board may be appointed by the chief executive officer of the 
State involved, in the case of any State in which such officer 
has the authority to appoint members of the board; 
(3) the membership of the governing board shall be subject 
to term limits set by the system to ensure rotating membership; 
114 STAT. 1718 
PUBLIC LAW 106-402—OCT. 30, 2000 
42 use 15045. 
(4) any vacancy in the board shall be filled not later than 
60 days after the date on which the vacancy occurs; and 
(5) in a State in which the system is organized as a public 
system without a multimember governing or advisory board, 
the system shall establish an advisory council— 
(A) that shall advise the system on policies and prior-
ities to be carried out in protecting and advocating the 
rights of individuals with developmental disabilities; and 
(B) on which a majority of the members shall be— 
(i) individuals with developmental disabilities who 
are eligible for services, or have received or are 
receiving services, through the system; or 
(ii) parents, family members, guardians, advocates, 
or authorized representatives of individuals referred 
to in clause (i). 
(b) LEGAL ACTION.— 
(1) IN GENERAL.—Nothing in this title shall preclude a 
system from bringing a suit on behalf of individuals with 
developmental disabilities against a State, or an agency or 
instrumentality of a State. 
(2) U S E OF AMOUNTS 
FROM JUDGMENT.^An amount 
received pursuant to a suit described in paragraph (1) through 
a court judgment may only be used by the system to further 
the purpose of this subtitle and shall not be used to augment 
pa5anents to legal contractors or to award personal bonuses. 
(3) LIMITATION.—^The system shall use assistance provided 
under this subtitle in a manner consistent with section 5 of 
the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 
14404). 
(c) DISCLOSURE OF INFORMATION.—^For purposes of any periodic 
audit, report, or evaluation required under this subtitle, the Sec-
retary shall not require an entity carrying out a program to disclose 
the identity of, or any other personally identifiable information 
related to, any individual requesting assistance under such pro-
gram. 
(d) PUBLIC NOTICE OF FEDERAL ONSITE REVIEW.—The Secretaiy 
shall provide advance public notice of any Federal programmatic 
or administrative onsite review of a system conducted under this 
subtitle and solicit public comment on the system through such 
notice. The Secretary shall prepare an onsite visit report containing 
the results of such review, which shall be distributed to the Gov-
ernor of the State and to other interested public and private parties. 
The comments received in response to the public comment solicita-
tion notice shall be included in the onsite visit report. 
(e) REPORTS.—Beginning in fiscal year 2002, each system estab-
lished in a State pursuant to this subtitle shall annually prepare 
and transmit to the Secretary a report that describes the activities, 
accomplishments, and expenditures of the system during the pre-
ceding fiscal year, including a description of the system's goals, 
the extent to which the goals were achieved, barriers to their 
achievement, the process used to obtain public input, the nature 
of such input, and how such input was used. 
SEC. 145. AUTHORIZATION OF APPROPRIATIONS. 
For allotments under section 142, there are authorized to be 
appropriated $32,000,000 for fiscal year 2001 and such sums as 
may be necessary for each of fiscal years 2002 through 2007. 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1719 
Subtitle D—National Network of Univer-
sity Centers for Excellence in Develop-
mental Disabilities Education, Research, 
and Service 
SEC. 151. GRANT AUTHORITY. 
(a) 
NATIONAL 
NETWORK.—^From appropriations 
authorized 
under section 156(a)(1), the Secretary shall make 5-year grants 
to entities in each State designated as University Centers for Excel-
lence in Developmental Disabilities Education, Research, and 
Service to carry out activities described in section 153(a). 
(b) NATIONAL 
TRAINING 
INITIATIVES.—From 
appropriations 
authorized under section 156(a)(1) and reserved under section 
156(a)(2), the Secretary shall make grants to Centers to carry 
out activities described in section 153(b). 
(c) TECHNICAL ASSISTANCE.—From appropriations authorized 
under section 156(a)(1) and reserved under section 156(a)(3) (or 
from funds reserved under section 163, as appropriate), the Sec-
retary shall enter into 1 or more cooperative agreements or contracts 
for the purpose of providing technical assistance described in section 
153(c). 
SEC. 152. GRANT AWARDS. 
(a) EXISTING CENTERS.— 
(1) IN GENERAL.—In awarding and distributing grant funds 
under section 151(a) for a fiscal year, the Secretary, subject 
to the availability of appropriations and the condition specified 
in subsection (d), shall award and distribute grant funds in 
equal amounts of $500,000 (adjusted in accordance with sub-
section (b)), to each Center that existed during the preceding 
fiscal year and that meets the requirements of this subtitle, 
prior to making grants under subsection (c) or (d). 
(2) REDUCTION OF AWARD.—Notwithstanding paragraph (1), 
if the aggregate of the funds to be awarded to the Centers 
pursuant to paragraph (1) for any fiscal year exceeds the total 
amount appropriated under section 156 for such fiscal year, 
the amount to be awarded to each Center for such fiscal year 
shall be proportionately reduced. 
(b) ADJUSTMENTS.—Subject to the availability of appropriations, 
for any fiscal year following a year in which each Center described 
in subsection (a) received a grant award of not less than $500,000 
under subsection (a) (adjusted in accordance with this subsection), 
the Secretary shall adjust the awards to take into account the 
most recent percentage change in the Consumer Price Index pub-
lished by the Secretary of Labor under section 100(c)(1) of the 
Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the percentage 
change indicates an increase), prior to making grants under sub-
section (c) or (d). 
(c) NATIONAL TRAINING INITIATIVES ON CRITICAL AND EMERGING 
NEEDS.—Subject to the availability of appropriations, for any fiscal 
year in which each Center described in subsection (a) receives 
a grant award of not less than $500,000, under subsection (a) 
(adjusted in accordance with subsection (b)), after making the grant 
awards, the Secretary shall make grants under section 151(b) to 
42 use 15061. 
42 use 15062. 
114 STAT. 1720 
PUBLIC LAW 106-402—OCT. 30, 2000 
Centers to pay for the Federal share of the cost of training initia-
tives related to the unmet needs of individuals with developmental 
disabilities and their families, as described in section 153(b). 
(d) ADDITIONAL GRANTS.—For any fiscal year in which each 
Center described in subsection (a) receives a grant award of not 
less than $500,000 under subsection (a) (adjusted in accordance 
with subsection (b)), after making the grant awards, the Secretary 
may make grants under section 151(a) for activities described in 
section 153(a) to additional Centers, or additional grants to Centers, 
for States or populations that are unserved or underserved by 
Centers due to such factors as— 
(1) population; 
(2) a high concentration of rural or urban areas; or 
(3) a high concentration of unserved or underserved popu-
lations. 
42 use 15063. 
SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES. 
(a) NATIONAL NETWORK OF UNIVERSITY CENTERS FOR EXCEL-
LENCE IN DEVELOPMENTAL DISABILITIES EDUCATION, RESEARCH, AND 
SERVICE.— 
(1) IN GENERAL.—In order to provide leadership in, advise 
Federal, State, and community policymakers about, and pro-
mote opportunities for individuals with developmental disabil-
ities to exercise self-determination, be independent, be produc-
tive, and be integrated and included in all facets of community 
life, the Secretary shall award grants to eligible entities des-
ignated as Centers in each State to pay for the Federal share 
of the cost of the administration and operation of the Centers. 
The Centers shall be interdisciplinary education, research, and 
public service units of universities (as defined by the Secretary) 
or public or not-for-profit entities associated with universities 
that engage in core functions, described in paragraph (2), 
addressing, directly or indirectly, 1 or more of the areas of 
emphasis. 
(2) CORE FUNCTIONS.—^The core functions referred to in 
paragraph (1) shall include the following: 
(A) Provision of interdisciplinary pre-service prepara-
tion and continuing education of students and fellows, 
which may include the preparation and continuing edu-
cation of leadership, direct service, clinical, or other per-
sonnel to strengthen and increase the capacity of States 
and communities to achieve the purpose of this title. 
(B) Provision of community services— 
(i) that provide training or technical assistance 
for individuals with developmental disabilities, their 
families, 
professionals, 
paraprofessionals, 
policy-
makers, students, and other members of the commu-
nity; and 
(ii) that may provide services, supports, and assist-
ance for the persons described in clause (i) through 
demonstration and model activities. 
(C) Conduct of research, which may include basic or 
applied research, evaluation, and the analysis of public 
policy in areas that affect or could affect, either positively 
or negatively, individuals with developmental disabilities 
and their families. 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1721 
(D) Dissemination of information related to activities 
undertaken to address the purpose of this title, especially 
dissemination of information that demonstrates that the 
network authorized under this subtitle is a national and 
international resource that includes specific substantive 
areas of expertise that may be accessed and applied in 
diverse settings and circumstances. 
(b) NATIONAL TRAINING INITIATIVES ON CRITICAL AND EMERGING 
NEEDS.— 
(1) SUPPLEMENTAL GRANTS.—^After consultation with rel-
evant, informed sources, including individuals with develop-
mental disabilities and their families, the Secretary shall 
award, under section 151(b), supplemental grants to Centers 
to pay for the Federal share of the cost of training initiatives 
related to the unmet needs of individuals with developmental 
disabilities and their families. The Secretary shall make the 
grants on a competitive basis, and for periods of not more 
than 5 years. 
(2) ESTABLISHMENT OF CONSULTATION PROCESS BY THE SEC-
RETARY.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall establish a consultation process 
that, on an ongoing basis, allows the Secretary to identify 
and address, through supplemental grants authorized under 
paragraph (1), training initiatives related to the unmet needs 
of individuals with developmental disabilities and their fami-
lies. 
(c) TECHNICAL ASSISTANCE.—In order to strengthen and support 
the national network of Centers, the Secretary may enter into 
1 or more cooperative agreements or contracts to— 
(1) assist in national and international dissemination of 
specific information from multiple Centers and, in appropriate 
cases, other entities whose work affects the lives of individuals 
with developmental disabilities; 
(2) compile, analyze, and disseminate 
state-of-the-art 
training, research, and demonstration results policies, and prac-
tices from multiple Centers and, in appropriate cases, other 
entities whose work affects the lives of persons with develop-
mental disabilities; 
(3) convene experts from multiple Centers to discuss and 
make recommendations with regard to national emerging needs 
of individuals with developmental disabilities; 
(4)(A) develop portals that link users with every Center's 
website; and 
(B) facilitate electronic information sharing using state-
of-the-art Internet technologies such as real-time online discus-
sions, multipoint video conferencing, and web-based audio/video 
broadcasts, on emerging topics that impact individuals with 
disabilities and their families; 
(5) serve as a research-based resource for Federal and 
State policymakers on information concerning and issues 
impacting individuals with developmental disabilities and enti-
ties that assist or serve those individuals; or 
(6) undertake any other functions that the Secretary deter-
mines to be appropriate; 
to promote the viability and use of the resources and expertise 
of the Centers nationally and internationally. 
114 STAT. 1722 
PUBLIC LAW 106-402—OCT. 30, 2000 
42 use 15064. 
SEC. 154. APPLICATIONS. 
(a) APPLICATIONS FOR CORE CENTER GRANTS.— 
(1) IN GENERAL.—To be eligible to receive a grant under 
section 151(a) for a Center, an entity shall submit to the Sec-
retary, and obtain approval of, an application at such time, 
in such manner, and containing such information, as the Sec-
retary may require. 
(2) APPLICATION CONTENTS.—^Each application described in 
paragraph (1) shall describe a 5-year plan, including a projected 
goal related to 1 or more areas of emphasis for each of the 
core functions described in section 153(a). 
(3) ASSURANCES.—The application shall be approved by 
the Secretary only if the application contains or is supported 
by reasonable assurances that the entity designated as the 
Center will— 
(A) meet regulatory standards as established by the 
Secretary for Centers; 
(B) address the projected goals, and carry out goal-
related activities, based on data driven strategic planning 
and in a manner consistent with the objectives of thi& 
subtitle, that— 
(i) are developed in collaboration with the con-
sumer advisory committee established pursuant to 
subparagraph (E); 
(ii) are consistent with, and to the extent feasible 
complement and further, the Council goals contained 
in the State plan submitted under section 124 and 
the system goals established under section 143; and 
(iii) will be reviewed and revised annually as nec-
essary to address emerging trends and needs; 
(C) use the funds made available through the grant 
to supplement, and not supplant, the funds that would 
otherwise be made available for activities described in sec-
tion 153(a); 
(D) protect, consistent with the policy specified in sec-
tion 101(c) (relating to rights of individuals with develop-
mental disabilities), the legal and human rights of all 
individuals with developmental disabilities (especially those 
individuals under State guardianship) who are involved 
in activities carried out under programs assisted under 
this subtitle; 
(E) establish a consumer advisory committee— 
(i) of which a majority of the members shall be 
individuals with developmental disabilities and family 
members of such individuals; 
(ii) that is comprised of— 
(I) individuals with developmental disabilities 
and related disabilities; 
(II) family 
members of individuals 
with 
developmental disabilities; 
(III) a representative of the State protection 
and advocacy system; 
(IV) a representative of the State Council on 
Developmental Disabilities; 
(V) a 
representative 
of a 
self-advocacy 
organization described in section 124(c)(4)(A)(ii)(I); 
and 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1723 
(VI) representatives of organizations that may 
include parent training and information centers 
assisted under section 682 or 683 of the Individuals 
with Disabilities Education Act (20 U.S.C. 1482, 
1483), entities carrying out activities authorized 
under section 101 or 102 of the Assistive Tech-
nology Act of 1998 (29 U.S.C. 3011, 3012), relevant 
State agencies, and other community groups con-
cerned with the welfare of individuals with 
developmental disabilities and their families; 
(iii) that reflects the racial and ethnic diversity 
of the State; and 
(iv) that shall— 
(I) consult with the Director of the Center 
regarding the development of the 5-year plan, and 
shall participate in an annual review of, and com-
ment on, the progress of the Center in meeting 
the projected goals contained in the plan, and shall 
make recommendations to the Director of the 
Center regarding any proposed revisions of the 
plan that might be necessary; and 
(II) meet as often as necessary to carry out 
the role of the committee, but at a minimum twice 
during each grant year; 
(F) to the extent possible, utilize the infrastructure 
and resources obtained through funds made available under 
the grant to leverage additional public and private funds 
to successfully achieve the projected goals developed in 
the 5-year plan; 
(G)(i) have a director with appropriate academic 
credentials, demonstrated leadership, expertise regarding 
developmental disabilities, significant experience in man-
aging grants and contracts, and the ability to leverage 
public and private funds; and 
(ii) allocate adequate staff time to carry out activities 
related to each of the core functions described in section 
153(a); and 
(H) educate, and disseminate information related to 
the purpose of this title to, the legislature of the State 
in which the Center is located, and to Members of Congress 
from such State. 
(b) 
SUPPLEMENTAL 
GRANT 
APPLICATIONS 
PERTAINING 
TO 
NATIONAL 
TRAINING 
INITIATIVES IN 
CRITICAL AND EMERGING 
NEEDS.—To be eligible to receive a supplemental grant under sec-
tion 151(b), a Center may submit a supplemental application to 
the Secretary at such time, in such manner, and containing such 
information as the Secretary may require, pursuant to the terms 
and conditions set by the Secretary consistent with section 153(b). 
(c) PEER REVIEW.— 
(1) IN GENERAL.—The Secretary shall require that all 
applications submitted under this subtitle be subject to tech-
nical and qualitative review by peer review groups established 
under paragraph (2). The Secretary may approve an application 
under this subtitle only if such application has been rec-
ommended by a peer review group that has conducted the 
peer review required under this paragraph. In conducting the 
114 STAT. 1724 
PUBLIC LAW 106-402—OCT. 30, 2000 
review, the group may conduct onsite visits or inspections of 
related activities as necessary. 
(2) ESTABLISHMENT OF PEER REVIEW GROUPS.— 
(A) IN GENERAL.—^The Secretary, acting through the 
Commissioner of the Administration on Developmental 
Disabilities, may, notwithstanding— 
(i) the provisions of title 5, United States Code, 
concerning appointments to the competitive service; 
and 
(ii) the provisions of chapter 51, and subchapter 
III of chapter 53 of title 5, United States Code, con-
cerning classification and General Schedule pay rates; 
establish such peer review groups and appoint and set 
the rates of pay of members of such groups. 
(B) COMPOSITION.—Each peer review group shall 
include such individuals with disabilities and parents, 
guardians, or advocates of or for individuals with develop-
mental disabilities, as are necessary to carry out this sub-
section. 
(3) WAIVERS OF APPROVAL.—The Secretary may waive the 
provisions of paragraph (1) with respect to review and approval 
of an application if the Secretary determines that exceptional 
circumstances warrant such a waiver. 
(d) FEDERAL SHARE.— 
(1) IN GENERAL.—^The Federal share of the cost of adminis-
tration or operation of a Center, or the cost of carrying out 
a training initiative, supported by a grant made under this 
subtitle may not be more than 75 percent of the necessary 
cost of such project, as determined by the Secretary. 
(2) URBAN OR RURAL POVERTY AREAS.—In the case of a 
project whose activities or products target individuals with 
developmental disabilities who live in an urban or rural poverty 
area, as determined by the Secretary, the Federal share of 
the cost of the project may not be more than 90 percent of 
the necessary costs of the project, as determined by the Sec-
retary. 
(3) GRANT EXPENDITURES.—For the purpose of determining 
the Federal share with respect to the project, expenditures 
on that project by a political subdivision of a State or by 
a public or private entity shall, subject to such limitations 
and conditions as the Secretary may by regulation prescribe 
under section 104(b), be considered to be expenditures made 
by a Center under this subtitle. 
(e) ANNUAL REPORT.—Each Center shall annually prepare and 
transmit to the Secretary a report containing— 
(1) information on progress made in achieving the projected 
goals of the Center for the previous year, including— 
(A) the extent to which the goals were achieved; 
(B) a description of the strategies that contributed 
to achieving the goals; 
(C) to the extent to which the goals were not achieved, 
a description of factors that impeded the achievement; and 
(D) an accounting of the manner in which funds paid 
to the Center under this subtitle for a fiscal year were 
expended; 
(2) information on proposed revisions to the goals; and 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1725 
(3) a description of successful efforts to leverage funds, 
other than funds made available under this subtitle, to pursue 
goals consistent with this subtitle. 
SEC. 155. DEFINITION. 
In this subtitle, the term "State" means each of the several 
States of the United States, the District of Columbia, the Common-
wealth of Puerto Rico, the United States Virgin Islands, and Guam. 
SEC. 156. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION AND RESERVATIONS.— 
(1) AUTHORIZATION.—There are authorized to be appro-
priated to carry out this subtitle (other than section 153(c)(4)) 
$30,000,000 for fiscal year 2001 and such sums as may be 
necessary for each of fiscal years 2002 through 2007. 
(2) RESERVATION FOR TRAINING INITIATIVES.—From 
any 
amount appropriated for a fiscal year under paragraph (1) 
and remaining after each Center described in section 152(a) 
has received a grant award of not less than $500,000, as 
described in section 152, the Secretary shall reserve funds 
for the training initiatives authorized under section 153(b). 
(3) RESERVATION FOR TECHNICAL ASSISTANCE.— 
(A) YEARS BEFORE APPROPRIATION TRIGGER.—For any 
covered year, the Secretary shall reserve funds in accord-
ance with section 163(c) to fund technical assistance activi-
ties under section 153(c) (other than section 153(c)(4)). 
(B) YEARS AFTER APPROPRIATION TRIGGER.—^For 
any 
fiscal year that is not a covered year, the Secretary shall 
reserve not less than $300,000 and not more than 2 percent 
of the amount appropriated under paragraph (1) to fund 
technical assistance activities under section 153(c) (other 
than section 153(c)(4)). 
(C) COVERED YEAR.—In this paragraph, the term "cov-
ered year" means a fiscal year prior to the first fiscal 
year for which the amount appropriated under paragraph 
(1) is not less than $20,000,000. 
(b) LIMITATION.—^The Secretary may not use, for peer review 
or other activities directly related to peer review conducted under 
this subtitle— 
(1) for fiscal year 2001, more than $300,000 of the funds 
made available under subsection (a); and 
(2) for any succeeding fiscal year, more than the amount 
of funds used for the peer review and related activities in 
fiscal year 2001, adjusted to take into account the most recent 
percentage change in the Consumer Price Index published by 
the Secretary of Labor under section 100(c)(1) of the Rehabilita-
tion Act of 1973 (29 U.S.C. 720(c)(1)) (if the percentage change 
indicates an increase). 
Subtitle E—Projects of National 
Significance 
42 use 15065. 
42 use 15066. 
SEC. 161. PURPOSE. 
The purpose of this subtitle is to provide grants, contracts, 
or cooperative agreements for projects of national significance that— 
42 use 15081. 
114 STAT. 1726 
PUBLIC LAW 106-402—OCT. 30, 2000 
(1) create opportunities for individuals with developmental 
disabilities to directly and fully contribute to, and participate 
in, all facets of community life; and 
(2) support the development of national and State policies 
that reinforce and promote, with the support of families, guard-
ians, advocates, and communities, of individuals with develop-
mental 
disabilities, 
the 
self-determination, 
independence, 
productivity, and integration and inclusion in all facets of 
community life of such individuals through— 
(A) family support activities; 
(B) data collection and analysis; 
(C) technical assistance to entities funded under sub-
titles B and D, subject to the limitations described in 
sections 129(b), 156(a)(3), and 163(c); and 
(D) other projects of sufficient size and scope that 
hold promise to expand or improve opportunities for such 
individuals, including— 
(i) projects that provide technical assistance for 
the development of information and referral systems; 
(ii) projects that provide technical assistance to 
self-advocacy organizations of individuals with develop-
mental disabilities; 
(iii) projects that provide education for policy-
makers; 
(iv) Federal interagency initiatives; 
(v) projects that enhance the participation of racial 
and ethnic minorities in public and private sector ini-
tiatives in developmental disabilities; 
(vi) projects that provide aid to transition youth 
with developmental disabilities from school to adult 
life, especially in finding employment and postsec-
ondary education opportunities and in upgrading and 
changing any assistive technology devices that may 
be needed as a youth matures; 
(vii) initiatives that address the development of 
community quality assurance systems and the training 
related to the development, implementation, 
and 
evaluation of such systems, including training of 
individuals with developmental disabilities and their 
families; 
(viii) initiatives that address the needs of aging 
individuals with developmental disabilities and aging 
caregivers of adults with developmental disabilities in 
the community; 
(ix) initiatives that create greater access to and 
use of generic services systems, community organiza-
tions, and associations, and initiatives that assist in 
community economic development; 
(x) initiatives that create access to increased living 
options; 
(xi) initiatives that address the challenging behav-
iors of individuals with developmental disabilities, 
including initiatives that promote positive alternatives 
to the use of restraints and seclusion; and 
(xii) initiatives that 
address other areas of 
emerging need. 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1727 
SEC. 162. GRANT AUTHORITY. 
42 USC 15082. 
(a) IN GENERAL.—^The Secretary shall award grants, contracts, 
or cooperative agreements to public or private nonprofit entities 
for projects of national significance relating to individuals with 
developmental disabilities to carry out activities described in section 
161(2). 
(b) FEDERAL INTERAGENCY INITIATIVES.— 
(1) I N GENERAL.— 
(A) AUTHORITY.—The Secretary may— 
(i) enter into agreements with Federal agencies 
to jointly carry out activities described in section 161(2) 
or to jointly carry out activities of common interest 
related to the objectives of such section; and 
(ii) transfer to such agencies for such purposes 
funds appropriated under this subtitle, and receive 
and use funds from such agencies for such purposes. 
(B) RELATION TO PROGRAM PURPOSES.—^Funds trans-
ferred or received pursuant to this paragraph shall be 
used only in accordance with statutes authorizing the 
appropriation of such funds. Such funds shall be made 
available through grants, contracts, or cooperative agree-
ments only to recipients eligible to receive such funds under 
such statutes. 
(C) PROCEDURES AND CRITERIA.—If the Secretary enters 
into an agreement under this subsection for the administra-
tion of a jointly funded project— 
(i) the agreement shall specify which agency's 
procedures shall be used to award grants, contracts, 
or cooperative agreements and to administer such 
awards; 
(ii) the participating agencies may develop a single 
set of criteria for the jointly funded project, and may 
require applicants to submit a single application for 
joint review by such agencies; and 
(iii) unless the heads of the participating agencies 
develop joint eligibility requirements, an applicant for 
an award for the project shall meet the eligibility 
requirements of each program involved. 
(2) LIMITATION.—The Secretary may not construe the provi-
sions of this subsection to take precedence over a limitation 
on joint funding contained in an applicable statute. 
SEC. 163. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 15083. 
(a) IN GENERAL.—There are authorized to be appropriated to 
carry out the projects specified in this section $16,000,00(5 for fiscal 
year 2001, and such sums as may be necessary for each of fiscal 
years 2002 through 2007. 
(b) USE OF FUNDS.— 
(1) GRANTS, CONTRACTS, AND AGREEMENTS.—^Except as pro-
vided in paragraph (2), the amount appropriated under sub-
section (a) for each fiscal year shall be used to award grants, 
or enter into contracts, cooperative agreements, or other agree-
ments, under section 162. 
(2) ADMINISTRATIVE COSTS.—Not more than 1 percent of 
the amount appropriated under subsection (a) for each fiscal 
year may be used to provide for the administrative costs (other 
than compensation of Federal employees) of the Administration 
114 STAT. 1728 
PUBLIC LAW 106-402—OCT. 30, 2000 
Families of 
Children With 
Disabilities 
Support Act of 
2000. 
42 u s e 15001 
note. 
42 u s e 15091. 
on Developmental Disabilities for administering this subtitle 
and subtitles B, C, and D, including monitoring the performance 
of and providing technical assistance to, entities that receive 
funds under this title. 
(c) TECHNICAL ASSISTANCE FOR COUNCILS AND CENTERS.— 
(1) IN GENERAL.—For each covered year, the Secretary shall 
expend, to provide technical assistance for entities funded under 
subtitle B or D, an amount from funds appropriated under 
subsection (a) that is not less than the amount the Secretary 
expended on technical assistance for entities funded under that 
subtitle (or a corresponding provision) in the previous fiscal 
year. 
(2) COVERED YEAR.—In this subsection, the term "covered 
year" means— 
(A) in the case of an expenditure for entities funded 
under subtitle B, a fiscal year for which the amount appro-
priated under section 129(a) is less than $76,000,000; and 
(B) in the case of an expenditure for entities funded 
under subtitle D, a fiscal year prior to the first fiscal 
year for which the amount appropriated under section 
156(a)(1) is not less than $20,000,000. 
(3) REFERENCES.—^References in this subsection to subtitle 
D shall not be considered to include section 153(c)(4). 
(d) 
TECHNICAL ASSISTANCE ON 
ELECTRONIC INFORMATION 
SHARING.—In addition to any funds reserved under subsection (c), 
the Secretary shall reserve $100,000 from the amount appropriated 
under subsection (a) for each fiscal year to carry out section 
153(c)(4). 
(e) LIMITATION.—^For any fiscal year for which the amount 
appropriated under subsection (a) is not less than $10,000,000, 
not more than 50 percent of such amount shall be used for activities 
carried out under section 161(2)(A). 
TITLE II—FAMILY SUPPORT 
SEC. 201. SHORT TITLE. 
This title may be cited as the 
Disabilities Support Act of 2000". 
TamiUes of Children With 
SEC. 202. FINDINGS, PURPOSES, AND POLICY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) It is in the best interest of our Nation to preserve, 
strengthen, and maintain the family. 
(2) Families of children with disabilities provide support, 
care, and training to their children that can save States millions 
of dollars. Without the efforts of family caregivers, many per-
sons with disabilities would receive care through State-sup-
ported out-of-home placements. 
(3) Most families of children with disabilities, especially 
families in unserved and underserved populations, do not have 
access to family-centered and family-directed services to support 
such families in their efforts to care for such children at home. 
(4) Medical advances and improved health care have 
increased the life span of many people with disabilities, and 
the combination of the longer life spans and the aging of family 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1729 
caregivers places a continually increasing demand on the finite 
service delivery systems of the States. 
(5) In 1996, 49 States provided family support initiatives 
in response to the needs of families of children with disabilities. 
Such initiatives included the provision of cash subsidies, respite 
care, and other forms of support. There is a need in each 
State, however, to strengthen, expand, and coordinate the 
activities of a system of family support services for families 
of children with disabilities that is easily accessible, avoids 
duplication, uses resources efficiently, and prevents gaps in 
services to families in all areas of the State. 
(6) The goals of the Nation properly include the goal of 
providing to families of children with disabilities the family 
support services necessary— 
(A) to support the family; 
(B) to enable families of children with disabilities to 
nurture and enjoy their children at home; 
(C) to enable families of children with disabilities to 
make informed choices and decisions regarding the nature 
of supports, resources, services, and other assistance made 
available to such families; and 
(D) to support family caregivers of adults with disabil-
ities. 
(b) PURPOSES.—^The purposes of this title are— 
(1) to promote and strengthen the implementation of com-
prehensive State systems of family support services, for families 
with children with disabilities, that are family-centered and 
family-directed, and that provide families with the greatest 
possible decisionmaking authority and control regarding the 
nature and use of services and support; 
(2) to promote leadership by families in planning, policy 
development, implementation, and evaluation of family support 
services for families of children with disabilities; 
(3) to promote and develop interagency coordination and 
collaboration between agencies responsible for providing the 
services; and 
(4) to increase the availability of, funding for, access to, 
and provision of family support services for families of children 
with disabilities. 
(c) POLICY.—It is the policy of the United States that all pro-
grams, projects, and activities funded under this title shall be 
family-centered and family-directed, and shall be provided in a 
manner consistent with the goal of providing families of children 
with disabilities with the support the families need to raise their 
children at home. 
SEC. 203. DEFINITIONS AND SPECIAL RULE. 
42 USC 15092. 
(a) DEFINITIONS.—In this title: 
(1) CHILD WITH A DISABILITY.—^The term "child with a dis-
ability" means an individual who— 
(A) has a significant physical or mental impairment, 
as defined pursuant to State policy to the extent that 
such policy is established without regard to type of dis-
ability; or 
(B) is an infant or a young child from birth through 
age 8 and has a substantial developmental delay or specific 
114 STAT. 1730 
PUBLIC LAW 106-402—OCT. 30, 2000 
congenital or acquired condition that presents a high prob-
abihty of resulting in a disability if services are not pro-
vided to the infant or child. 
(2) FAMILY.— 
(A) IN GENERAL.—Subject to subparagraph (B), for pur-
poses of the application of this title in a State, the term 
"family" has the meaning given the term by the State. 
(B) EXCLUSION OF EMPLOYEES.—^The term does not 
include an employee who, acting in a paid employment 
capacity, provides services to a child with a disability in 
an out-of-home setting such as a hospital, nursing home, 
personal care home, board and care home, group home, 
or other facility. 
(3) 
FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH 
DISABILITIES.—The term "family support for families of children 
with disabilities" means supports, resources, services, and other 
assistance provided to families of children with disabilities 
pursuant to State policy that are designed to— 
(A) support families in the efforts of such families 
to raise their children with disabilities in the home; 
(B) strengthen the role of the family as primary care-
giver for such children; 
(C) prevent involuntary out-of-the-home placement of 
such children and maintain family unity; and 
(D) reunite families with children with disabilities who 
have been placed out of the home, whenever possible. 
(4) SECRETARY.—The term "Secretary" means the Secretary 
of Health and Human Services. 
(5) STATE.—The term "State" means each of the 50 States 
of the United States, the District of Columbia, the Common-
wealth of Puerto Rico, the United States Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the Northern Mar-
iana Islands. 
(6) 
SYSTEMS 
CHANGE 
ACTIVITIES.—The term 
"systems 
change activities" means efforts that result in laws, regulations, 
policies, practices, or organizational structures— 
(A) that are family-centered and family-directed; 
(B) that facilitate and increase access to, provision 
of, and funding for, family support services for families 
of children with disabilities; and 
(C) that otherwise accomplish the purposes of this 
title. 
(b) SPECIAL RULE.—References in this title to a child with 
a disability shall be considered to include references to an individual 
who is not younger than age 18 who— 
(1) has a significant impairment described in subsection 
(a)(1)(A); and 
(2) is residing with and receiving assistance from a family 
member. 
42 u s e 15093. 
SEC. 204. GRANTS TO STATES. 
(a) IN GENERAL.—The Secretary shall make grants to States 
on a competitive basis, in accordance with the provisions of this 
title, to support systems change activities designed to assist States 
to develop and implement, or expand and enhance, a statewide 
system of family support services for families of children with 
disabilities that accomplishes the purposes of this title. 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1731 
(b) AWARD PERIOD AND GRANT LIMITATION.—No grant shall 
be awarded under this section for a period of more than 3 years. 
No State shall be eligible for more than 1 grant under this section. 
(c) AMOUNT OF GRANTS.— 
(1) GRANTS TO STATES.— 
(A) FEDERAL MATCHING SHARE.—From amounts appro-
priated under section 212(a), the Secretary shall pay to 
each State that has an application approved under section 
205, for each year of the grant period, an amount that 
is— 
(i) equal to not more than 75 percent of the cost 
of the systems change activities to be carried out by 
the State; and 
(ii) not less than $100,000 and not more than 
$500,000. 
(B) NON-FEDERAL SHARE.—The non-Federal share of 
the cost of the systems change activities may be in cash 
or in kind, fairly evaluated, including plant, equipment, 
or services. 
(2) CALCULATION OF AMOUNTS.—The Secretary shall cal-
culate a grant amount described in paragraph (1) on the basis 
of— 
(A) the amounts available for making grants under 
this section; and 
(B) the child population of the State concerned. 
(d) PRIORITY FOR PREVIOUSLY PARTICIPATING STATES.—For the 
second and third fiscal years for which amounts are appropriated 
to carry out this section, the Secretary, in providing payments 
under this section, shall give priority to States that received pay-
ments under this section during the preceding fiscal year. 
(e) PRIORITIES FOR DISTRIBUTION.—To the extent practicable, 
the Secretary shall award grants to States under this section in 
a manner that— 
(1) is geographically equitable; 
(2) distributes the grants among States that have differing 
levels of development of statewide systems of family support 
services for families of children with disabilities; and 
(3) distributes the grants among States that attempt to 
meet the needs of unserved and underserved populations, such 
as individuals from racial and ethnic minority backgrounds, 
disadvantaged individuals, individuals with limited English 
proficiency, and individuals from underserved geographic areas 
(rural or urban). 
SEC. 205. APPLICATION. 
To be eligible to receive a grant under this title, a State shall 
submit an application to the Secretary at such time, in such manner, 
and containing such information and assurances as the Secretary 
may require, including information about the designation of a lead 
entity, a description of available State resources, and assurances 
that systems change activities will be family-centered and family-
directed. 
SEC. 206. DESIGNATION OF THE LEAD ENTITY. 
(a) DESIGNATION.—^The Chief Executive Officer of a State that 
desires to receive a grant under section 204, shall designate the 
office or entity (referred to in this title as the "lead entity") respon-
sible for— 
42 use 15094. 
42 use 15095. 
114 STAT. 1732 
PUBLIC LAW 106-402—OCT. 30, 2000 
(1) submitting the application described in section 205 on 
behalf of the State; 
(2) administering and supervising the use of the amounts 
made available under the grant; 
(3) coordinating efforts related to and supervising the 
preparation of the application; 
(4) coordinating the planning, development, implementa-
tion (or expansion and enhgincement), and evaluation of a state-
wide system of family support services for families of children 
with disabilities among public agencies and between public 
agencies and private agencies, including coordinating efforts 
related to entering into interagency agreements; 
(5) coordinating efforts related to the participation by fami-
lies of children with disabilities in activities carried out under 
a grant made under this title; and 
(6) submitting the report described in section 208 on behalf 
of the State. 
(b) QUALIFICATIONS.—In designating the lead entity, the Chief 
Executive Officer may designate— 
(1) an office of the Chief Executive Officer; 
(2) a commission appointed by the Chief Executive Officer; 
(3) a public agency; 
(4) a council established under Federal or State law; or 
(5) another appropriate office, agency, or entity. 
42 use 15096. 
SEC. 207. AUTHORIZED ACTIVITIES. 
(a) IN GENERAL.—^A State that receives a grant under section 
204 shall use the funds made available through the grant to carry 
out systems change activities that accomplish the purposes of this 
title. 
(b) SPECIAL RULE.—In carr3dng out activities authorized under 
this title, a State shall ensure that such activities address the 
needs of families of children with disabilities from unserved or 
underserved populations. 
42 use 15097. 
SEC. 208. REPORTING. 
A State that receives a grant under this title shall prepare 
and submit to the Secretary, at the end of the grant period, a 
report containing the results of State efforts to develop and imple-
ment, or expand and enhance, a statewide system of family support 
services for families of children with disabilities. 
42 use 15098. 
SEC. 209. TECHNICAL ASSISTANCE. 
Contracts. 
(a) IN GENERAL.—The Secretary shall enter into contracts or 
cooperative agreements with appropriate public or private agencies 
and organizations, including institutions of higher education, with 
documented experience, expertise, and capacity, for the purpose 
of providing technical assistance and information with respect to 
the development and implementation, or expansion and enhance-
ment, of a statewide system of family support services for families 
of children with disabilities. 
(b) PURPOSE.—An agency or organization that provides tech-
nical assistance and information under this section in a State 
that receives a grant under this title shall provide the technical 
assistance and information to the lead entity of the State, family 
members of children with disabilities, organizations, service pro-
viders, and policjonakers involved with children with disabilities 
and their families. Such an agency or organization may also provide 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1733 
technical assistance and information to a State that does not receive 
a grant under this title. 
(c) REPORTS TO THE SECRETARY.—^An entity providing technical 
assistance and information under this section shall prepare and 
submit to the Secretary periodic reports regarding Federal policies 
and procedures identified within the States that facilitate or impede 
the delivery of family support services to families of children with 
disabilities. The report shall include recommendations to the Sec-
retary regarding the delivery of services, coordination with other 
programs, and integration of the policies described in section 202 
in Federal law, other than this title. 
SEC. 210. EVALUATION. 
42 USC 15099. 
(a) IN GENERAL.—The Secretary shall conduct a national 
evaluation of the program of grants to States authorized by this 
title. 
(b) PURPOSE.— 
(1) IN GENERAL.—^The Secretary shall conduct the evalua-
tion under subsection (a) to assess the status and effects of 
State efforts to develop and implement, or expand and enhance, 
statewide systems of family support services for families of 
children with disabilities in a manner consistent with the provi-
sions of this title. In particular, the Secretary shall assess 
the impact of such efforts on families of children with disabil-
ities, and recommend amendments to this title that are nec-
essary to assist States to accomplish fully the purposes of 
this title. 
(2) INFORMATION SYSTEMS.—^The Secretary shall work with 
the States to develop an information system designed to compile 
and report, from information provided by the States, qualitative 
and quantitative descriptions of the impact of the program 
of grants to States authorized by this title on— 
(A) families of children with disabilities, including 
families from unserved and underserved populations; 
(B) access to and funding for family support services 
for families of children with disabilities; 
(C) interagency coordination and collaboration between 
agencies responsible for providing the services; and 
(D) the involvement of families of children with disabil-
ities at all levels of the statewide systems. 
(c) REPORT TO CONGRESS.—^Not later than 2V2 years after the Deadline, 
date of enactment of this Act, the Secretary shall prepare and 
submit to the appropriate committees of Congress a report con-
cerning the results of the evaluation conducted under this section. 
SEC. 211. PROJECTS OF NATIONAL SIGNIFICANCE. 
42 USC 15100. 
(a) STUDY BY THE SECRETARY.—The Secretary shall review Fed-
eral programs to determine the extent to which such programs 
facilitate or impede access to, provision of, and funding for ^mily 
support services for families of children with disabilities, consistent 
with the policies described in section 202. 
(b) PROJECTS OF NATIONAL SIGNIFICANCE.—^The Secretary shall 
make grants or enter into contracts for projects of national signifi-
cance to support the development of national and State policies 
and practices related to the development and implementation, or 
expansion and enhancement, of family-centered and family-directed 
systems of family support services for families of children with 
disabilities. 
114 STAT. 1734 
PUBLIC LAW 106-402—OCT. 30, 2000 
42 use 15101. 
SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
carry out this title such sums as may be necessary for each of 
fiscal years 2001 through 2007. 
(b) RESERVATION.— 
(1) IN GENERAL.—The Secretary shall reserve for each fiscal 
year 10 percent, or $400,000 (whichever is greater), of the 
amount appropriated pursuant to subsection (a) to carry out— 
(A) section 209 (relating to the provision of technical 
assistance and information to States); and 
(B) section 210 (relating to the conduct of evaluations). 
(2) SPECIAL RULE.—For each year that the amount appro-
priated pursuant to subsection (a) is $10,000,000 or greater, 
the Secretary may reserve 5 percent of such amount to carry 
out section 211. 
TITLE III—PROGRAM FOR DIRECT SUP-
PORT WORKERS WHO ASSIST INDIVID-
UALS WITH DEVELOPMENTAL DIS-
ABILITIES 
42 use 15111. 
SEC. 301. FINDINGS. 
Congress finds that— 
(1) direct support workers, especially young adults, have 
played essential roles in providing the support needed by 
individuals with developmental disabilities and expanding 
community options for those individuals; 
(2) 4 factors have contributed to a decrease in the available 
pool of direct support workers, specifically— 
(A) the small population of individuals who are age 
18 through 25, an age group that has been attracted to 
direct support work in the past; 
(B) the rapid expansion of the service sector, which 
attracts individuals who previously would have elected to 
pursue employment as direct support workers; 
(C) the failure of wages in the human services sector 
to keep pace with wages in other service sectors; and 
(D) the lack of quality training and career advancement 
opportunities available to direct support workers; and 
(3) individuals with developmental disabilities benefit from 
assistance from direct support workers who are well trained, 
and benefit from receiving services from professionals who have 
spent time as direct support workers. 
42 use 15112. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) DEVELOPMENTAL DISABILITY.—^The term "developmental 
disability" has the meaning given the term in section 102. 
(2) INSTITUTION OF HIGHER EDUCATION.—^The term "institu-
tion of higher education" has the meaning given the term 
in section 1201 of the Higher Education Act of 1965 (20 U.S.C. 
1141). 
(3) SECRETARY.—The term "Secretary" means the Secretary 
of Health and Human Services. 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1735 
SEC. 303. REACHING UP SCHOLARSHIP PROGRAM. 
42 USC 15113. 
(a) 
PROGRAM AUTHORIZATION.—^The Secretary may award 
grants to eligible entities, on a competitive basis, to enable the 
entities to carry out scholarship programs by providing vouchers 
for postsecondary education to direct support workers who assist 
individuals with developmental disabilities residing in diverse set-
tings. The Secretary shall award the grants to pay for the Federal 
share of the cost of providing the vouchers. 
(b) ELIGIBLE ENTITY.—^To be eligible to receive a grant under 
this section, an entity shall be— 
(1) an institution of higher education; 
(2) a State agency; or 
(3) a consortium of such institutions or agencies. 
(c) APPLICATION REQUIREMENTS.—To be eligible to receive a 
grant under this section, an eligible entity shall submit to the 
Secretary an application at such time, in such manner, and con-
taining such information as the Secretary may require, including 
a description of— 
(1) the basis for awarding the vouchers; 
(2) the number of individuals to receive the vouchers; and 
(3) the amount of funds that will be made available by 
the eligible entity to pay for the non-Federal share of the 
cost of providing the vouchers. 
(d) SELECTION CRITERIA.—In awarding a grant under this sec-
tion for a scholarship program, the Secretary shall give priority 
to an entity submitting an application that— 
(1) specifies that individuals who receive vouchers through 
the program will be individuals— 
(A) who are direct support workers who assist individ-
uals with developmental disabilities residing in diverse 
settings, while pursuing postsecondary education; and 
(B) each of whom verifies, prior to receiving the 
voucher, that the worker has completed 250 hours as a 
direct support worker in the past 90 days; 
(2) states that the vouchers that will be provided through 
the program will be in amounts of not more than $2,000 per 
year; 
(3) provides an assurance that the eligible entity (or 
another specified entity that is not a voucher recipient) will 
contribute the non-Federal share of the cost of providing the 
vouchers; and 
(4) meets such other conditions as the Secretary may 
specify. 
(e) FEDERAL SHARE.—The Federal share of the cost of providing 
the vouchers shall be not more than 80 percent. 
SEC. 304. STAFF DEVELOPMENT CURRICULUM AUTHORIZATION. 
42 USC 15114. 
(a) FUNDING.— 
(1) IN GENERAL.—^The Secretary shall award funding, on 
a competitive basis, through a grant, cooperative agreement, 
or contract, to a public or private entity or a combination 
of such entities, for the development, evaluation, and dissemina-
tion of a staff development curriculum, and related guidelines, 
for computer-assisted, competency-based, multimedia, inter-
active instruction, relating to service as a direct support worker. 
(2) PARTICIPANTS.—^The curriculum shall be developed for 
individuals who— 
C~ 
114 STAT. 1736 
PUBLIC LAW 106-402—OCT. 30, 2000 
(A) seek to become direct support workers who assist 
individuals with developmental disabilities or are such 
direct support workers; and 
(B) seek to upgrade their skills and competencies 
related to being a direct support worker. 
(b) APPLICATION REQUIREMENTS.—To be eligible to receive an 
award under this section, an entity shall submit to the Secretary 
an application at such time, in such manner, and containing such 
information as the Secretary may require, including— 
(1) a comprehensive analysis of the content of direct support 
roles; 
(2) information identifying an advisory group that— 
(A) is comprised of individuals with experience and 
expertise with regard to the support provided by direct 
support workers, and effective ways to provide the support, 
for individuals with developmental disabilities in diverse 
settings; and 
(B) will advise the entity throughout the development, 
evaluation, and dissemination of the staff development cur-
riculum and guidelines; 
(3) information describing how the entity will— 
(A) develop, field test, and validate a staff development 
curriculum that— 
(i) relates to the appropriate reading level for direct 
service workers who assist individuals with disabilities; 
(ii) allows for multiple levels of instruction; 
(iii) provides instruction appropriate for direct sup-
port workers who work in diverse settings; and 
(iv) is consistent with subsections (b) and (c) of 
section 101 and section 109; 
(B) develop, field test, and validate guidelines for the 
organizations that use the curriculum that provide for— 
(i) providing necessary technical and instructional 
support to trainers and mentors for the participants; 
(ii) ensuring easy access to and use of such cur-
riculum by workers that choose to participate in using, 
and agencies that choose to use, the curriculum; 
(iii) evaluating the proficiency of the participants 
with respect to the content of the curriculum; 
(iv) providing necessary support to the participants 
to assure that the participants have access to, and 
proficiency in using, a computer in order to participate 
in the development, testing, and validation process; 
(v) providing necessary technical and instructional 
support to trainers and mentors for the participants 
in conjunction with the development, testing, and 
validation process; 
(vi) addressing the satisfaction of participants, 
individuals with developmental disabilities and their 
families, providers of services for such individuals and 
families, and other relevant entities with the cur-
riculum; and 
(vii) developing methods to maintain a record of 
the instruction completed, and the content mastered, 
by each participant under the curriculum; and 
(C) nationally disseminate the curriculum and guide-
lines, including dissemination through— 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1737 
(i) parent training and information centers funded 
under part D of the Individuals with DisabiHties Edu-
cation Act (20 U.S.C. 1451 et seq.); 
(ii) community-based organizations of and for 
individuals with developmental disabilities and their 
families; 
(iii) entities funded under title I; 
(iv) centers for independent living; 
(v) State educational agencies and local edu-
cational agencies; 
(vi) entities operating appropriate medical facili-
ties; 
(vii) postsecondary education entities; and 
(viii) other appropriate entities; and 
(4) such other information as the Secretary may require. 
SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 15115. 
(a) SCHOLARSHIPS.—There are authorized to be appropriated 
to carry out section 303 $800,000 for fiscal year 2001 and such 
sums as may be necessary for each of fiscal years 2002 through 
2007. 
(b) STAFF DEVELOPMENT CURRICULUM.—^There are authorized 
to be appropriated to carry out section 304 $800,000 for fiscal 
year 2001 and such sums as may be necessary for each of fiscal 
years 2002 and 2003. 
. 
TITLE IV—REPEAL 
SEC. 401. REPEAL. 
(a) IN GENERAL.—The Developmental Disabilities Assistance 
and Bill of Rights Act (42 U.S.C. 6000 et seq.) is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—Sec-
tions 644(b)(4) and 685(bX4) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1444(b)(4), 1484a(b)(4)) are amended 20USC1485. 
by striking "the Developmental Disabilities Assistance and Bill 
of Rights Act" and inserting "the Developmental Disabilities 
Assistance and Bill of Rights Act of 2000". 
(2) 
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-
DETERMINATION ACT OF 1996.—Section 4(17)(C) of the Native 
American Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4103(17)(C)) is amended by striking "as defined 
in" and all that follows and inserting "as defined in section 
102 of the Developmental Disabilities Assistance and Bill of 
Rights Act of 2000.". 
(3) REHABILITATION ACT OF 1973.—(A) Section 105(c)(6) of 
the Rehabilitation Act of 1973 (29 U.S.C. 725(c)(6)) is amended 
by striking "the State Developmental Disabilities Council 
described in section 124 of the Developmental Disabilities 
Assistance and Bill of Rights Act (42 U.S.C. 6024)" and 
inserting "the State Council on Developmental Disabilities 
established under section 125 of the Developmental Disabilities 
Assistance and Bill of Rights Act of 2000". 
(B) Sections 202(h)(2)(D)(iii) and 401(a)(5)(A) of the 
Rehabilitation 
Act 
of 
1973 
(29 
U.S.C. 
762(h)(2)(D)(iii), 
114 STAT. 1738 
PUBLIC LAW 106-402—OCT. 30, 2000 
781(a)(5)(A)) are amended by striking "Developmental Disabil-
ities Assistance and Bill of Rights Act (42 U.S.C. 6000 et 
seq.)" and inserting "Developntiental Disabilities Assistance and 
Bill of Rights Act of 2000". 
(C) Subsections (a)(l)(B)(i), (f)(2), and (m)(l) of section 509 
of the Rehabihtation Act of 1973 (29 U.S.C. 794e) are amended 
by striking "part C of the Developmental Disabilities Assistance 
and Bill of Rights Act (42 U.S.C. 6041 et seq.)" and inserting 
"subtitle C of the Developmental Disabilities Assistance and 
Bill of Rights Act of 2000". 
(D) Section 509(f)(5)(B) of the Rehabilitation Act of 1973 
(29 U.S.C. 794e(f)(5)(B)) is amended by striking "Developmental 
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 
et seq.)" and inserting "Developmental Disabilities Assistance 
and Bill of Rights Act of 2000". 
(4) ASSISTIVE TECHNOLOGY ACT OF 1998.—(A) Section 
3(a)(ll)(A) of the Assistive Technology Act of 1998 (29 U.S.C. 
3002(a)(ll)(A)) is amended by striking "part C of the Develop-
mental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
6041 et seq.)" and inserting "subtitle C of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000". 
(B) Paragraphs (1) and (2) of section 102(a) of the Assistive 
Technology Act of 1998 (29 U.S.C. 3012(a)) are amended by 
striking "Developmental Disabilities Assistance and Bill of 
Rights Act (42 U.S.C. 6000 et seq.)" and inserting "Develop-
mental Disabilities Assistance and Bill of Rights Act of 2000". 
(5) HEALTH PROGRAMS EXTENSION ACT OF 1973.—Section 
401(e) of the Health Programs Extension Act of 1973 (42 U.S.C. 
300a-7(e)) is amended by striking "or the" and all that follows 
through "may deny" and inserting "or the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000 may 
deny". 
^ (6) SOCIAL SECURITY ACT.—(A) Section 1919(c)(2)(B)(iii)(III) 
of the Social Security Act (42 U.S.C. 1396r(c)(2)(B)(iii)(III)) is 
amended by striking "part C of the Developmental Disabilities 
Assistance and Bill of Rights Act" and inserting "subtitle C 
of the Developmental Disabilities Assistance and Bill of Rights 
Act of 2000". 
(B) Section 1930(d)(7) of the Social Security Act (42 U.S.C. 
1396u(d)(7)) is amended by striking "State Planning Council 
established under section 124 of the Developmental Disabilities 
Assistance and Bill of Rights Act, and the Protection and 
Advocacy System established under section 142 of such Act" 
and inserting "State Council on Developmental Disabilities 
established under section 125 of the Developmental Disabilities 
Assistance and Bill of Rights Act of 2000 and the protection 
and advocacy system established under subtitle C of that Act". 
(7) 
UNITED 
STATES 
HOUSING 
ACT OF 1937.—Section 
3(b)(3)(E)(iii) of the United States Housing Act of 1937 (42 
U.S.C. 1437a(b)(3)(E)(iii)) is amended by striking "develop-
mental disability" and all that follows and inserting "develop-
mental disability as defined in section 102 of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000.". 
(8) HOUSING ACT OF 1949.—The third sentence of section 
501(b)(3) of the Housing Act of 1949 (42 U.S.C. 1471(b)(3)) 
is amended by striking "developmental disability" and all that 
follows and inserting "developmental disability as defined in 
PUBLIC LAW 106-402—OCT. 30, 2000 
114 STAT. 1739 
section 102 of the Developmental Disabilities Assistance and 
Bill of Rights Act of 2000.". 
(9) OLDER AMERICANS ACT OF 1965.—(A) Section 203(b)(17) 
of the Older Americans Act of 1965 (42 U.S.C. 3013(b)(17)) 
is amended by striking "Developmental Disabilities and Bill 
of Rights Act" and inserting "Developmental Disabilities Assist-
ance and Bill of Rights Act of 2000". 
(B) Section 427(a) of the Older Americans Act of 1965 
(42 U.S.C. 3035fi:a)) is amended by striking "part A of the 
Developmental Disabilities Assistance and Bill of Rights Act 
(42 U.S.C. 6001 et seq.)" and inserting "subtitle C of the 
Developmental Disabilities Assistance and Bill of Rights Act 
of 2000". 
(C) Section 429F(a)(l) of the Older Americans Act of 1965 
(42 U.S.C. 3035n(a)(l)) is amended by striking "section 102(5) 
of the Developmental Disabilities Assistance and Bill of Rights 
Act (42 U.S.C. 6001(5))" and inserting "section 102 of the 
Developmental Disabilities Assistance and Bill of Rights Act 
of 2000". 
(D) Section 712(h)(6)(A) of the Older Americans Act of 
1965 (42 U.S.C. 3058g(h)(6)(A)) is amended by striking "part 
A of the Developmental Disabilities Assistance and Bill of 
Rights Act (42 U.S.C. 6001 et seq.)" and inserting "subtitle 
C of the Developmental Disabilities Assistance and Bill of 
Rights Act of 2000". 
(10) CRIME VICTIMS WITH DISABILITIES AWARENESS ACT.— 
Section 3 of the Crime Victiins With Disabilities Awareness 
Act (42 U.S.C. 3732 note) is amended by striking "term" and 
all that follows and inserting the following "term in section 
102 of the Developmental Disabilities Assistance and Bill of 
Rights Act of 2000.". 
(11) CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING 
ACT.—^The third sentence of section 811(k)(2) of the Cranston-
Gonzalez 
National 
Affordable 
Housing 
Act 
(42 
U.S.C. 
8013(k)(2)) is amended by striking "as defined" and all that 
follows and inserting "as defined in section 102 of the Develop-
mental Disabilities Assistance and Bill of Rights Act of 2000.". 
(12) STATE DEPENDENT CARE DEVELOPMENT GRANTS ACT.— 
Section 670G(3) of the State Dependent Care Development 
Grants Act (42 U.S.C. 9877(3)) is amended by striking "section 
102(7) of the Developmental Disabilities Assistance and Bill 
of Rights Act" and inserting "section 102 of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000". 
(13) PROTECTION AND ADVOCACY FOR MENTALLY ILL INDIVID-
UALS ACT OF 1986.—(A) Section 102(2) of the Protection and 
Advocacy for Mentally 111 Individuals Act of 1986 (42 U.S.C. 
10802(2)) is amended by striking "part C of the Developmental 
Disabilities Assistance and Bill of Rights Act" and inserting 
"subtitle C of the Developmental Disabilities Assistance and 
Bill of Rights Act of 2000". 
(B) Section 114 of the Protection and Advocacy for Mentally 
111 Individuals Act of 1986 (42 U.S.C. 10824) is amended by 
striking "section 107(c) of the Developmental Disabilities Assist-
ance and Bill of Rights Act" and inserting "section 105 of 
the Developmental Disabilities Assistance and Bill of Rights 
Act of 2000". 
79-194 O - 00 - 21: QL 3 Part 3 
114 STAT. 1740 
PUBLIC LAW 106-402—OCT. 30, 2000 
(14) STEWART B. MCIQNNEY HOMELESS ASSISTANCE ACT.— 
Section 422(2)(C) of the Stewart B. McKinney Homeless Assist-
ance Act (42 U.S.C. 11382(2X0)) is amended by striking "as 
defined" and all that follows and inserting "as defined in section 
102 of the Developmental Disabilities Assistance and Bill of 
Rights Act of 2000, or". 
(15) ASSISTED SUICIDE FUNDING RESTRICTION ACT OF 1997.— 
(A) Section 4 of the Assisted Suicide Funding Restriction Act 
of 1997 (42 U.S.C. 14403) is amended— 
(i) by striking the section heading and inserting the 
following: 
"SEC. 
4
. RESTRICTION 
ON 
USE 
OF 
FEDERAL 
FUNDS 
UNDER 
CERTAIN 
GRANT 
PROGRAMS."; 
and 
(ii) by striking "part B, D, or E of the Developmental 
Disabilities Assistance and Bill of Rights Act" and inserting 
"subtitle B, D, or E of the Developmental Disabilities 
Assistance and Bill of Rights Act of 2000". 
(B) Section 5(b)(1) of the Assisted Suicide Funding Restric-
tion Act of 1997 (42 U.S.C. 14404(bXl)) is amended by striking 
subparagraph (A) and inserting the following: 
"(A) PROTECTION AND ADVOCACY SYSTEMS UNDER THE 
DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF 
RIGHTS ACT OF 2000.—Subtitle C of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000.". 
Approved October 30, 2000. 
LEGISLATIVE HISTORY—S. 1809 (H.R. 4920): 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Nov. 8, considered and passed Senate. 
Vol. 146 (2000): Oct. 11, considered and passed House.