[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4920 Placed on Calendar Senate (PCS)]
Calendar No. 739
106th CONGRESS
2d Session
H. R. 4920
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2000
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To improve service systems for individuals with developmental
disabilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Developmental
Disabilities Assistance and Bill of Rights Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
Subtitle A--General Provisions
Sec. 101. Findings, purposes, and policy.
Sec. 102. Definitions.
Sec. 103. Records and audits.
Sec. 104. Responsibilities of the Secretary.
Sec. 105. Reports of the Secretary.
Sec. 106. State control of operations.
Sec. 107. Employment of individuals with disabilities.
Sec. 108. Construction.
Sec. 109. Rights of individuals with developmental disabilities.
Subtitle B--Federal Assistance to State Councils on Developmental
Disabilities
Sec. 121. Purpose.
Sec. 122. State allotments.
Sec. 123. Payments to the States for planning, administration, and
services.
Sec. 124. State plan.
Sec. 125. State Councils on Developmental Disabilities and designated
State agencies.
Sec. 126. Federal and non-Federal share.
Sec. 127. Withholding of payments for planning, administration, and
services.
Sec. 128. Appeals by States.
Sec. 129. Authorization of appropriations.
Subtitle C--Protection and Advocacy of Individual Rights
Sec. 141. Purpose.
Sec. 142. Allotments and payments.
Sec. 143. System required.
Sec. 144. Administration.
Sec. 145. Authorization of appropriations.
Subtitle D--National Network of University Centers for Excellence in
Developmental Disabilities Education, Research, and Service
Sec. 151. Grant authority.
Sec. 152. Grant awards.
Sec. 153. Purpose and scope of activities.
Sec. 154. Applications.
Sec. 155. Definition.
Sec. 156. Authorization of appropriations.
Subtitle E--Projects of National Significance
Sec. 161. Purpose.
Sec. 162. Grant authority.
Sec. 163. Authorization of appropriations.
TITLE II--FAMILY SUPPORT
Sec. 201. Short title.
Sec. 202. Findings, purposes, and policy.
Sec. 203. Definitions and special rule.
Sec. 204. Grants to States.
Sec. 205. Application.
Sec. 206. Designation of the lead entity.
Sec. 207. Authorized activities.
Sec. 208. Reporting.
Sec. 209. Technical assistance.
Sec. 210. Evaluation.
Sec. 211. Projects of national significance.
Sec. 212. Authorization of appropriations.
TITLE III--PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES
Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Reaching up scholarship program.
Sec. 304. Staff development curriculum authorization.
Sec. 305. Authorization of appropriations.
TITLE IV--REPEAL
Sec. 401. Repeal.
TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
Subtitle A--General Provisions
SEC. 101. FINDINGS, PURPOSES, AND POLICY.
(a) Findings.--Congress finds that--
(1) disability is a natural part of the human experience
that does not diminish the right of individuals with
developmental disabilities to live independently, to exert
control and choice over their own lives, and to fully
participate in and contribute to their communities through full
integration and inclusion in the economic, political, social,
cultural, and educational mainstream of United States society;
(2) in 1999, there were between 3,200,000 and 4,500,000
individuals with developmental disabilities in the United
States, and recent studies indicate that individuals with
developmental disabilities comprise between 1.2 and 1.65
percent of the United States population;
(3) individuals whose disabilities occur during their
developmental period frequently have severe disabilities that
are likely to continue indefinitely;
(4) individuals with developmental disabilities often
encounter discrimination in the provision of critical services,
such as services in the areas of emphasis (as defined in
section 102);
(5) individuals with developmental disabilities are at
greater risk than the general population of abuse, neglect,
financial and sexual exploitation, and the violation of their
legal and human rights;
(6) a substantial portion of individuals with developmental
disabilities and their families do not have access to
appropriate support and services, including access to assistive
technology, from generic and specialized service systems, and
remain unserved or underserved;
(7) individuals with developmental disabilities often
require lifelong community services, individualized supports,
and other forms of assistance, that are most effective when
provided in a coordinated manner;
(8) there is a need to ensure that services, supports, and
other assistance are provided in a culturally competent manner,
that ensures that individuals from racial and ethnic minority
backgrounds are fully included in all activities provided under
this title;
(9) family members, friends, and members of the community
can play an important role in enhancing the lives of
individuals with developmental disabilities, especially when
the family members, friends, and community members are provided
with the necessary community services, individualized supports,
and other forms of assistance;
(10) current research indicates that 88 percent of
individuals with developmental disabilities live with their
families or in their own households;
(11) many service delivery systems and communities are not
prepared to meet the impending needs of the 479,862 adults with
developmental disabilities who are living at home with parents
who are 60 years old or older and who serve as the primary
caregivers of the adults;
(12) in almost every State, individuals with developmental
disabilities are waiting for appropriate services in their
communities, in the areas of emphasis;
(13) the public needs to be made more aware of the
capabilities and competencies of individuals with developmental
disabilities, particularly in cases in which the individuals
are provided with necessary services, supports, and other
assistance;
(14) as increasing numbers of individuals with
developmental disabilities are living, learning, working, and
participating in all aspects of community life, there is an
increasing need for a well trained workforce that is able to
provide the services, supports, and other forms of direct
assistance required to enable the individuals to carry out
those activities;
(15) there needs to be greater effort to recruit
individuals from minority backgrounds into professions serving
individuals with developmental disabilities and their families;
(16) the goals of the Nation properly include a goal of
providing individuals with developmental disabilities with the
information, skills, opportunities, and support to--
(A) make informed choices and decisions about their
lives;
(B) live in homes and communities in which such
individuals can exercise their full rights and
responsibilities as citizens;
(C) pursue meaningful and productive lives;
(D) contribute to their families, communities, and
States, and the Nation;
(E) have interdependent friendships and
relationships with other persons;
(F) live free of abuse, neglect, financial and
sexual exploitation, and violations of their legal and
human rights; and
(G) achieve full integration and inclusion in
society, in an individualized manner, consistent with
the unique strengths, resources, priorities, concerns,
abilities, and capabilities of each individual; and
(17) as the Nation, States, and communities maintain and
expand community living options for individuals with
developmental disabilities, there is a need to evaluate the
access to those options by individuals with developmental
disabilities and the effects of those options on individuals
with developmental disabilities.
(b) Purpose.--The purpose of this title is to assure that
individuals with developmental disabilities and their families
participate in the design of and have access to needed community
services, individualized supports, and other forms of assistance that
promote self-determination, independence, productivity, and integration
and inclusion in all facets of community life, through culturally
competent programs authorized under this title, including
specifically--
(1) State Councils on Developmental Disabilities in each
State to engage in advocacy, capacity building, and systemic
change activities that--
(A) are consistent with the purpose described in
this subsection and the policy described in subsection
(c); and
(B) contribute to a coordinated, consumer- and
family-centered, consumer- and family-directed,
comprehensive system that includes needed community
services, individualized supports, and other forms of
assistance that promote self-determination for
individuals with developmental disabilities and their
families;
(2) protection and advocacy systems in each State to
protect the legal and human rights of individuals with
developmental disabilities;
(3) University Centers for Excellence in Developmental
Disabilities Education, Research, and Service--
(A) to provide interdisciplinary pre-service
preparation and continuing education of students and
fellows, which may include the preparation and
continuing education of leadership, direct service,
clinical, or other personnel to strengthen and increase
the capacity of States and communities to achieve the
purpose of this title;
(B) to provide community services--
(i) that provide training and technical
assistance for individuals with developmental
disabilities, their families, professionals,
paraprofessionals, policymakers, students, and
other members of the community; and
(ii) that may provide services, supports,
and assistance for the persons described in
clause (i) through demonstration and model
activities;
(C) to conduct research, which may include basic or
applied research, evaluation, and the analysis of
public policy in areas that affect or could affect,
either positively or negatively, individuals with
developmental disabilities and their families; and
(D) to disseminate information related to
activities undertaken to address the purpose of this
title, especially dissemination of information that
demonstrates that the network authorized under this
subtitle is a national and international resource that
includes specific substantive areas of expertise that
may be accessed and applied in diverse settings and
circumstances; and
(4) funding for--
(A) national initiatives to collect necessary data
on issues that are directly or indirectly relevant to
the lives of individuals with developmental
disabilities;
(B) technical assistance to entities who engage in
or intend to engage in activities consistent with the
purpose described in this subsection or the policy
described in subsection (c); and
(C) other nationally significant activities.
(c) Policy.--It is the policy of the United States that all
programs, projects, and activities receiving assistance under this
title shall be carried out in a manner consistent with the principles
that--
(1) individuals with developmental disabilities, including
those with the most severe developmental disabilities, are
capable of self-determination, independence, productivity, and
integration and inclusion in all facets of community life, but
often require the provision of community services,
individualized supports, and other forms of assistance;
(2) individuals with developmental disabilities and their
families have competencies, capabilities, and personal goals
that should be recognized, supported, and encouraged, and any
assistance to such individuals should be provided in an
individualized manner, consistent with the unique strengths,
resources, priorities, concerns, abilities, and capabilities of
such individuals;
(3) individuals with developmental disabilities and their
families are the primary decisionmakers regarding the services
and supports such individuals and their families receive,
including regarding choosing where the individuals live from
available options, and play decisionmaking roles in policies
and programs that affect the lives of such individuals and
their families;
(4) services, supports, and other assistance should be
provided in a manner that demonstrates respect for individual
dignity, personal preferences, and cultural differences;
(5) specific efforts must be made to ensure that
individuals with developmental disabilities from racial and
ethnic minority backgrounds and their families enjoy increased
and meaningful opportunities to access and use community
services, individualized supports, and other forms of
assistance available to other individuals with developmental
disabilities and their families;
(6) recruitment efforts in disciplines related to
developmental disabilities relating to pre-service training,
community training, practice, administration, and policymaking
must focus on bringing larger numbers of racial and ethnic
minorities into the disciplines in order to provide appropriate
skills, knowledge, role models, and sufficient personnel to
address the growing needs of an increasingly diverse
population;
(7) with education and support, communities can be
accessible to and responsive to the needs of individuals with
developmental disabilities and their families and are enriched
by full and active participation in community activities, and
contributions, by individuals with developmental disabilities
and their families;
(8) individuals with developmental disabilities have access
to opportunities and the necessary support to be included in
community life, have interdependent relationships, live in
homes and communities, and make contributions to their
families, communities, and States, and the Nation;
(9) efforts undertaken to maintain or expand community-
based living options for individuals with disabilities should
be monitored in order to determine and report to appropriate
individuals and entities the extent of access by individuals
with developmental disabilities to those options and the extent
of compliance by entities providing those options with quality
assurance standards;
(10) families of children with developmental disabilities
need to have access to and use of safe and appropriate child
care and before-school and after-school programs, in the most
integrated settings, in order to enrich the participation of
the children in community life;
(11) individuals with developmental disabilities need to
have access to and use of public transportation, in order to be
independent and directly contribute to and participate in all
facets of community life; and
(12) individuals with developmental disabilities need to
have access to and use of recreational, leisure, and social
opportunities in the most integrated settings, in order to
enrich their participation in community life.
SEC. 102. DEFINITIONS.
In this title:
(1) American indian consortium.--The term ``American Indian
Consortium'' means any confederation of 2 or more recognized
American Indian tribes, created through the official action of
each participating tribe, that has a combined total resident
population of 150,000 enrolled tribal members and a contiguous
territory of Indian lands in 2 or more States.
(2) Areas of emphasis.--The term ``areas of emphasis''
means the areas related to quality assurance activities,
education activities and early intervention activities, child
care-related activities, health-related activities, employment-
related activities, housing-related activities, transportation-
related activities, recreation-related activities, and other
services available or offered to individuals in a community,
including formal and informal community supports, that affect
their quality of life.
(3) Assistive technology device.--The term ``assistive
technology device'' means any item, piece of equipment, or
product system, whether acquired commercially, modified or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with developmental
disabilities.
(4) Assistive technology service.--The term ``assistive
technology service'' means any service that directly assists an
individual with a developmental disability in the selection,
acquisition, or use of an assistive technology device. Such
term includes--
(A) conducting an evaluation of the needs of an
individual with a developmental disability, including a
functional evaluation of the individual in the
individual's customary environment;
(B) purchasing, leasing, or otherwise providing for
the acquisition of an assistive technology device by an
individual with a developmental disability;
(C) selecting, designing, fitting, customizing,
adapting, applying, maintaining, repairing or replacing
an assistive technology device;
(D) coordinating and using another therapy,
intervention, or service with an assistive technology
device, such as a therapy, intervention, or service
associated with an education or rehabilitation plan or
program;
(E) providing training or technical assistance for
an individual with a developmental disability, or,
where appropriate, a family member, guardian, advocate,
or authorized representative of an individual with a
developmental disability; and
(F) providing training or technical assistance for
professionals (including individuals providing
education and rehabilitation services), employers, or
other individuals who provide services to, employ, or
are otherwise substantially involved in the major life
functions of, an individual with developmental
disabilities.
(5) Center.--The term ``Center'' means a University Center
for Excellence in Developmental Disabilities Education,
Research, and Service established under subtitle D.
(6) Child care-related activities.--The term ``child care-
related activities'' means advocacy, capacity building, and
systemic change activities that result in families of children
with developmental disabilities having access to and use of
child care services, including before-school, after-school, and
out-of-school services, in their communities.
(7) Culturally competent.--The term ``culturally
competent'', used with respect to services, supports, or other
assistance, means services, supports, or other assistance that
is conducted or provided in a manner that is responsive to the
beliefs, interpersonal styles, attitudes, language, and
behaviors of individuals who are receiving the services,
supports, or other assistance, and in a manner that has the
greatest likelihood of ensuring their maximum participation in
the program involved.
(8) Developmental disability.--
(A) In general.--The term ``developmental
disability'' means a severe, chronic disability of an
individual that--
(i) is attributable to a mental or physical
impairment or combination of mental and
physical impairments;
(ii) is manifested before the individual
attains age 22;
(iii) is likely to continue indefinitely;
(iv) results in substantial functional
limitations in 3 or more of the following areas
of major life activity:
(I) Self-care.
(II) Receptive and expressive
language.
(III) Learning.
(IV) Mobility.
(V) Self-direction.
(VI) Capacity for independent
living.
(VII) Economic self-sufficiency;
and
(v) reflects the individual's need for a
combination and sequence of special,
interdisciplinary, or generic services,
individualized supports, or other forms of
assistance that are of lifelong or extended
duration and are individually planned and
coordinated.
(B) Infants and young children.--An individual from
birth to age 9, inclusive, who has a substantial
developmental delay or specific congenital or acquired
condition, may be considered to have a developmental
disability without meeting 3 or more of the criteria
described in clauses (i) through (v) of subparagraph
(A) if the individual, without services and supports,
has a high probability of meeting those criteria later
in life.
(9) Early intervention activities.--The term ``early
intervention activities'' means advocacy, capacity building,
and systemic change activities provided to individuals
described in paragraph (8)(B) and their families to enhance--
(A) the development of the individuals to maximize
their potential; and
(B) the capacity of families to meet the special
needs of the individuals.
(10) Education activities.--The term ``education
activities'' means advocacy, capacity building, and systemic
change activities that result in individuals with developmental
disabilities being able to access appropriate supports and
modifications when necessary, to maximize their educational
potential, to benefit from lifelong educational activities, and
to be integrated and included in all facets of student life.
(11) Employment-related activities.--The term ``employment-
related activities'' means advocacy, capacity building, and
systemic change activities that result in individuals with
developmental disabilities acquiring, retaining, or advancing
in paid employment, including supported employment or self-
employment, in integrated settings in a community.
(12) Family support services.--
(A) In general.--The term ``family support
services'' means services, supports, and other
assistance, provided to families with members who have
developmental disabilities, that are designed to--
(i) strengthen the family's role as primary
caregiver;
(ii) prevent inappropriate out-of-the-home
placement of the members and maintain family
unity; and
(iii) reunite families with members who
have been placed out of the home whenever
possible.
(B) Specific services.--Such term includes respite
care, provision of rehabilitation technology and
assistive technology, personal assistance services,
parent training and counseling, support for families
headed by aging caregivers, vehicular and home
modifications, and assistance with extraordinary
expenses, associated with the needs of individuals with
developmental disabilities.
(13) Health-related activities.--The term ``health-related
activities'' means advocacy, capacity building, and systemic
change activities that result in individuals with developmental
disabilities having access to and use of coordinated health,
dental, mental health, and other human and social services,
including prevention activities, in their communities.
(14) Housing-related activities.--The term ``housing-
related activities'' means advocacy, capacity building, and
systemic change activities that result in individuals with
developmental disabilities having access to and use of housing
and housing supports and services in their communities,
including assistance related to renting, owning, or modifying
an apartment or home.
(15) Inclusion.--The term ``inclusion'', used with respect
to individuals with developmental disabilities, means the
acceptance and encouragement of the presence and participation
of individuals with developmental disabilities, by individuals
without disabilities, in social, educational, work, and
community activities, that enables individuals with
developmental disabilities to--
(A) have friendships and relationships with
individuals and families of their own choice;
(B) live in homes close to community resources,
with regular contact with individuals without
disabilities in their communities;
(C) enjoy full access to and active participation
in the same community activities and types of
employment as individuals without disabilities; and
(D) take full advantage of their integration into
the same community resources as individuals without
disabilities, living, learning, working, and enjoying
life in regular contact with individuals without
disabilities.
(16) Individualized supports.--The term ``individualized
supports'' means supports that--
(A) enable an individual with a developmental
disability to exercise self-determination, be
independent, be productive, and be integrated and
included in all facets of community life;
(B) are designed to--
(i) enable such individual to control such
individual's environment, permitting the most
independent life possible;
(ii) prevent placement into a more
restrictive living arrangement than is
necessary; and
(iii) enable such individual to live,
learn, work, and enjoy life in the community;
and
(C) include--
(i) early intervention services;
(ii) respite care;
(iii) personal assistance services;
(iv) family support services;
(v) supported employment services;
(vi) support services for families headed
by aging caregivers of individuals with
developmental disabilities; and
(vii) provision of rehabilitation
technology and assistive technology, and
assistive technology services.
(17) Integration.--The term ``integration'', used with
respect to individuals with developmental disabilities, means
exercising the equal right of individuals with developmental
disabilities to access and use the same community resources as
are used by and available to other individuals.
(18) Not-for-profit.--The term ``not-for-profit'', used
with respect to an agency, institution, or organization, means
an agency, institution, or organization that is owned or
operated by 1 or more corporations or associations, no part of
the net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
(19) Personal assistance services.--The term ``personal
assistance services'' means a range of services, provided by 1
or more individuals, designed to assist an individual with a
disability to perform daily activities, including activities on
or off a job that such individual would typically perform if
such individual did not have a disability. Such services shall
be designed to increase such individual's control in life and
ability to perform everyday activities, including activities on
or off a job.
(20) Prevention activities.--The term ``prevention
activities'' means activities that address the causes of
developmental disabilities and the exacerbation of functional
limitation, such as activities that--
(A) eliminate or reduce the factors that cause or
predispose individuals to developmental disabilities or
that increase the prevalence of developmental
disabilities;
(B) increase the early identification of problems
to eliminate circumstances that create or increase
functional limitations; and
(C) mitigate against the effects of developmental
disabilities throughout the lifespan of an individual.
(21) Productivity.--The term ``productivity'' means--
(A) engagement in income-producing work that is
measured by increased income, improved employment
status, or job advancement; or
(B) engagement in work that contributes to a
household or community.
(22) Protection and advocacy system.--The term ``protection
and advocacy system'' means a protection and advocacy system
established in accordance with section 143.
(23) Quality assurance activities.--The term ``quality
assurance activities'' means advocacy, capacity building, and
systemic change activities that result in improved consumer-
and family-centered quality assurance and that result in
systems of quality assurance and consumer protection that--
(A) include monitoring of services, supports, and
assistance provided to an individual with developmental
disabilities that ensures that the individual--
(i) will not experience abuse, neglect,
sexual or financial exploitation, or violation
of legal or human rights; and
(ii) will not be subject to the
inappropriate use of restraints or seclusion;
(B) include training in leadership, self-advocacy,
and self-determination for individuals with
developmental disabilities, their families, and their
guardians to ensure that those individuals--
(i) will not experience abuse, neglect,
sexual or financial exploitation, or violation
of legal or human rights; and
(ii) will not be subject to the
inappropriate use of restraints or seclusion;
or
(C) include activities related to interagency
coordination and systems integration that result in
improved and enhanced services, supports, and other
assistance that contribute to and protect the self-
determination, independence, productivity, and
integration and inclusion in all facets of community
life, of individuals with developmental disabilities.
(24) Recreation-related activities.--The term ``recreation-
related activities'' means advocacy, capacity building, and
systemic change activities that result in individuals with
developmental disabilities having access to and use of
recreational, leisure, and social activities, in their
communities.
(25) Rehabilitation technology.--The term ``rehabilitation
technology'' means the systematic application of technologies,
engineering methodologies, or scientific principles to meet the
needs of, and address the barriers confronted by, individuals
with developmental disabilities in areas that include
education, rehabilitation, employment, transportation,
independent living, and recreation. Such term includes
rehabilitation engineering, and the provision of assistive
technology devices and assistive technology services.
(26) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(27) Self-determination activities.--The term ``self-
determination activities'' means activities that result in
individuals with developmental disabilities, with appropriate
assistance, having--
(A) the ability and opportunity to communicate and
make personal decisions;
(B) the ability and opportunity to communicate
choices and exercise control over the type and
intensity of services, supports, and other assistance
the individuals receive;
(C) the authority to control resources to obtain
needed services, supports, and other assistance;
(D) opportunities to participate in, and contribute
to, their communities; and
(E) support, including financial support, to
advocate for themselves and others, to develop
leadership skills, through training in self-advocacy,
to participate in coalitions, to educate policymakers,
and to play a role in the development of public
policies that affect individuals with developmental
disabilities.
(28) State.--The term ``State'', except as otherwise
provided, includes, in addition to each of the several States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(29) State council on developmental disabilities.--The term
``State Council on Developmental Disabilities'' means a Council
established under section 125.
(30) Supported employment services.--The term ``supported
employment services'' means services that enable individuals
with developmental disabilities to perform competitive work in
integrated work settings, in the case of individuals with
developmental disabilities--
(A)(i) for whom competitive employment has not
traditionally occurred; or
(ii) for whom competitive employment has been
interrupted or intermittent as a result of significant
disabilities; and
(B) who, because of the nature and severity of
their disabilities, need intensive supported employment
services or extended services in order to perform such
work.
(31) Transportation-related activities.--The term
``transportation-related activities'' means advocacy, capacity
building, and systemic change activities that result in
individuals with developmental disabilities having access to
and use of transportation.
(32) Unserved and underserved.--The term ``unserved and
underserved'' includes populations such as individuals from
racial and ethnic minority backgrounds, disadvantaged
individuals, individuals with limited English proficiency,
individuals from underserved geographic areas (rural or urban),
and specific groups of individuals within the population of
individuals with developmental disabilities, including
individuals who require assistive technology in order to
participate in and contribute to community life.
SEC. 103. RECORDS AND AUDITS.
(a) Records.--Each recipient of assistance under this title shall
keep such records as the Secretary shall prescribe, including--
(1) records that fully disclose--
(A) the amount and disposition by such recipient of
the assistance;
(B) the total cost of the project or undertaking in
connection with which such assistance is given or used;
and
(C) the amount of that portion of the cost of the
project or undertaking that is supplied by other
sources; and
(2) such other records as will facilitate an effective
audit.
(b) Access.--The Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, shall
have access for the purpose of audit and examination to any books,
documents, papers, and records of the recipients of assistance under
this title that are pertinent to such assistance.
SEC. 104. RESPONSIBILITIES OF THE SECRETARY.
(a) Program Accountability.--
(1) In general.--In order to monitor entities that received
funds under this Act to carry out activities under subtitles B,
C, and D and determine the extent to which the entities have
been responsive to the purpose of this title and have taken
actions consistent with the policy described in section 101(c),
the Secretary shall develop and implement an accountability
process as described in this subsection, with respect to
activities conducted after October 1, 2001.
(2) Areas of emphasis.--The Secretary shall develop a
process for identifying and reporting (pursuant to section 105)
on progress achieved through advocacy, capacity building, and
systemic change activities, undertaken by the entities
described in paragraph (1), that resulted in individuals with
developmental disabilities and their families participating in
the design of and having access to needed community services,
individualized supports, and other forms of assistance that
promote self-determination, independence, productivity, and
integration and inclusion in all facets of community life.
Specifically, the Secretary shall develop a process for
identifying and reporting on progress achieved, through
advocacy, capacity building, and systemic change activities, by
the entities in the areas of emphasis.
(3) Indicators of progress.--
(A) In general.--In identifying progress made by
the entities described in paragraph (1) in the areas of
emphasis, the Secretary, in consultation with the
Commissioner of the Administration on Developmental
Disabilities and the entities, shall develop indicators
for each area of emphasis.
(B) Proposed indicators.--Not later than 180 days
after the date of enactment of this Act, the Secretary
shall develop and publish in the Federal Register for
public comment proposed indicators of progress for
monitoring how entities described in paragraph (1) have
addressed the areas of emphasis described in paragraph
(2) in a manner that is responsive to the purpose of
this title and consistent with the policy described in
section 101(c).
(C) Final indicators.--Not later than October 1,
2001, the Secretary shall revise the proposed
indicators of progress, to the extent necessary based
on public comment, and publish final indicators of
progress in the Federal Register.
(D) Specific measures.--At a minimum, the
indicators of progress shall be used to describe and
measure--
(i) the satisfaction of individuals with
developmental disabilities with the advocacy,
capacity building, and systemic change
activities provided under subtitles B, C, and
D;
(ii) the extent to which the advocacy,
capacity building, and systemic change
activities provided through subtitles B, C, and
D result in improvements in--
(I) the ability of individuals with
developmental disabilities to make
choices and exert control over the
type, intensity, and timing of
services, supports, and assistance that
the individuals have used;
(II) the ability of individuals
with developmental disabilities to
participate in the full range of
community life with persons of the
individuals' choice; and
(III) the ability of individuals
with developmental disabilities to
access services, supports, and
assistance in a manner that ensures
that such an individual is free from
abuse, neglect, sexual and financial
exploitation, violation of legal and
human rights, and the inappropriate use
of restraints and seclusion; and
(iii) the extent to which the entities
described in paragraph (1) collaborate with
each other to achieve the purpose of this title
and the policy described in section 101(c).
(4) Time line for compliance with indicators of progress.--
The Secretary shall require entities described in paragraph (1)
to meet the indicators of progress described in paragraph (3).
For fiscal year 2002 and each year thereafter, the Secretary
shall apply the indicators in monitoring entities described in
paragraph (1), with respect to activities conducted after
October 1, 2001.
(b) Time Line for Regulations.--Except as otherwise expressly
provided in this title, the Secretary, not later than 1 year after the
date of enactment of this Act, shall promulgate such regulations as may
be required for the implementation of this title.
(c) Interagency Committee.--
(1) In general.--The Secretary shall maintain the
interagency committee authorized in section 108 of the
Developmental Disabilities Assistance and Bill of Rights Act
(42 U.S.C. 6007) as in effect on the day before the date of
enactment of this Act, except as otherwise provided in this
subsection.
(2) Composition.--The interagency committee shall be
composed of representatives of--
(A) the Administration on Developmental
Disabilities, the Administration on Children, Youth,
and Families, the Administration on Aging, and the
Health Resources and Services Administration, of the
Department of Health and Human Services; and
(B) such other Federal departments and agencies as
the Secretary of Health and Human Services considers to
be appropriate.
(3) Duties.--Such interagency committee shall meet
regularly to coordinate and plan activities conducted by
Federal departments and agencies for individuals with
developmental disabilities.
(4) Meetings.--Each meeting of the interagency committee
(except for any meetings of any subcommittees of the committee)
shall be open to the public. Notice of each meeting, and a
statement of the agenda for the meeting, shall be published in
the Federal Register not later than 14 days before the date on
which the meeting is to occur.
SEC. 105. REPORTS OF THE SECRETARY.
At least once every 2 years, the Secretary, using information
submitted in the reports and information required under subtitles B, C,
D, and E, shall prepare and submit to the President, Congress, and the
National Council on Disability, a report that describes the goals and
outcomes of programs supported under subtitles B, C, D, and E. In
preparing the report, the Secretary shall provide--
(1) meaningful examples of how the councils, protection and
advocacy systems, centers, and entities funded under subtitles
B, C, D, and E, respectively--
(A) have undertaken coordinated activities with
each other;
(B) have enhanced the ability of individuals with
developmental disabilities and their families to
participate in the design of and have access to needed
community services, individualized supports, and other
forms of assistance that promote self-determination,
independence, productivity, and integration and
inclusion in all facets of community life;
(C) have brought about advocacy, capacity building,
and systemic change activities (including policy
reform), and other actions on behalf of individuals
with developmental disabilities and their families,
including individuals who are traditionally unserved or
underserved, particularly individuals who are members
of ethnic and racial minority groups and individuals
from underserved geographic areas; and
(D) have brought about advocacy, capacity building,
and systemic change activities that affect individuals
with disabilities other than individuals with
developmental disabilities;
(2) information on the extent to which programs authorized
under this title have addressed--
(A) protecting individuals with developmental
disabilities from abuse, neglect, sexual and financial
exploitation, and violations of legal and human rights,
so that those individuals are at no greater risk of
harm than other persons in the general population; and
(B) reports of deaths of and serious injuries to
individuals with developmental disabilities; and
(3) a summary of any incidents of noncompliance of the
programs authorized under this title with the provisions of
this title, and corrections made or actions taken to obtain
compliance.
SEC. 106. STATE CONTROL OF OPERATIONS.
Except as otherwise specifically provided, nothing in this title
shall be construed as conferring on any Federal officer or employee the
right to exercise any supervision or control over the administration,
personnel, maintenance, or operation of any programs, services, and
supports for individuals with developmental disabilities with respect
to which any funds have been or may be expended under this title.
SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
As a condition of providing assistance under this title, the
Secretary shall require that each recipient of such assistance take
affirmative action to employ and advance in employment qualified
individuals with disabilities on the same terms and conditions required
with respect to the employment of such individuals under the provisions
of title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.)
and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), that govern employment.
SEC. 108. CONSTRUCTION.
Nothing in this title shall be construed to preclude an entity
funded under this title from engaging in advocacy, capacity building,
and systemic change activities for individuals with developmental
disabilities that may also have a positive impact on individuals with
other disabilities.
SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
(a) In General.--Congress makes the following findings respecting
the rights of individuals with developmental disabilities:
(1) Individuals with developmental disabilities have a
right to appropriate treatment, services, and habilitation for
such disabilities, consistent with section 101(c).
(2) The treatment, services, and habitation for an
individual with developmental disabilities should be designed
to maximize the potential of the individual and should be
provided in the setting that is least restrictive of the
individual's personal liberty.
(3) The Federal Government and the States both have an
obligation to ensure that public funds are provided only to
institutional programs, residential programs, and other
community programs, including educational programs in which
individuals with developmental disabilities participate, that--
(A) provide treatment, services, and habilitation
that are appropriate to the needs of such individuals;
and
(B) meet minimum standards relating to--
(i) provision of care that is free of
abuse, neglect, sexual and financial
exploitation, and violations of legal and human
rights and that subjects individuals with
developmental disabilities to no greater risk
of harm than others in the general population;
(ii) provision to such individuals of
appropriate and sufficient medical and dental
services;
(iii) prohibition of the use of physical
restraint and seclusion for such an individual
unless absolutely necessary to ensure the
immediate physical safety of the individual or
others, and prohibition of the use of such
restraint and seclusion as a punishment or as a
substitute for a habilitation program;
(iv) prohibition of the excessive use of
chemical restraints on such individuals and the
use of such restraints as punishment or as a
substitute for a habilitation program or in
quantities that interfere with services,
treatment, or habilitation for such
individuals; and
(v) provision for close relatives or
guardians of such individuals to visit the
individuals without prior notice.
(4) All programs for individuals with developmental
disabilities should meet standards--
(A) that are designed to assure the most favorable
possible outcome for those served; and
(B)(i) in the case of residential programs serving
individuals in need of comprehensive health-related,
habilitative, assistive technology or rehabilitative
services, that are at least equivalent to those
standards applicable to intermediate care facilities
for the mentally retarded, promulgated in regulations
of the Secretary on June 3, 1988, as appropriate,
taking into account the size of the institutions and
the service delivery arrangements of the facilities of
the programs;
(ii) in the case of other residential programs for
individuals with developmental disabilities, that
assure that--
(I) care is appropriate to the needs of the
individuals being served by such programs;
(II) the individuals admitted to facilities
of such programs are individuals whose needs
can be met through services provided by such
facilities; and
(III) the facilities of such programs
provide for the humane care of the residents of
the facilities, are sanitary, and protect their
rights; and
(iii) in the case of nonresidential programs, that
assure that the care provided by such programs is
appropriate to the individuals served by the programs.
(b) Clarification.--The rights of individuals with developmental
disabilities described in findings made in this section shall be
considered to be in addition to any constitutional or other rights
otherwise afforded to all individuals.
Subtitle B--Federal Assistance to State Councils on Developmental
Disabilities
SEC. 121. PURPOSE.
The purpose of this subtitle is to provide for allotments to
support State Councils on Developmental Disabilities (referred to
individually in this subtitle as a ``Council'') in each State to--
(1) engage in advocacy, capacity building, and systemic
change activities that are consistent with the purpose
described in section 101(b) and the policy described in section
101(c); and
(2) contribute to a coordinated, consumer- and family-
centered, consumer- and family-directed, comprehensive system
of community services, individualized supports, and other forms
of assistance that enable individuals with developmental
disabilities to exercise self-determination, be independent, be
productive, and be integrated and included in all facets of
community life.
SEC. 122. STATE ALLOTMENTS.
(a) Allotments.--
(1) In general.--
(A) Authority.--For each fiscal year, the Secretary
shall, in accordance with regulations and this
paragraph, allot the sums appropriated for such year
under section 129 among the States on the basis of--
(i) the population;
(ii) the extent of need for services for
individuals with developmental disabilities;
and
(iii) the financial need,
of the respective States.
(B) Use of funds.--Sums allotted to the States
under this section shall be used to pay for the Federal
share of the cost of carrying out projects in
accordance with State plans approved under section 124
for the provision under such plans of services for
individuals with developmental disabilities.
(2) Adjustments.--The Secretary may make adjustments in the
amounts of State allotments based on clauses (i), (ii), and
(iii) of paragraph (1)(A) not more often than annually. The
Secretary shall notify each State of any adjustment made under
this paragraph and the percentage of the total sums
appropriated under section 129 that the adjusted allotment
represents not later than 6 months before the beginning of the
fiscal year in which such adjustment is to take effect.
(3) Minimum allotment for appropriations less than or equal
to $70,000,000.--
(A) In general.--Except as provided in paragraph
(4), for any fiscal year the allotment under this
section--
(i) to each of American Samoa, Guam, the
United States Virgin Islands, or the
Commonwealth of the Northern Mariana Islands
may not be less than $210,000; and
(ii) to any State not described in clause
(i) may not be less than $400,000.
(B) Reduction of allotment.--Notwithstanding
subparagraph (A), if the aggregate of the amounts to be
allotted to the States pursuant to subparagraph (A) for
any fiscal year exceeds the total amount appropriated
under section 129 for such fiscal year, the amount to
be allotted to each State for such fiscal year shall be
proportionately reduced.
(4) Minimum allotment for appropriations in excess of
$70,000,000.--
(A) In general.--In any case in which the total
amount appropriated under section 129 for a fiscal year
is more than $70,000,000, the allotment under this
section for such fiscal year--
(i) to each of American Samoa, Guam, the
United States Virgin Islands, or the
Commonwealth of the Northern Mariana Islands
may not be less than $220,000; and
(ii) to any State not described in clause
(i) may not be less than $450,000.
(B) Reduction of allotment.--The requirements of
paragraph (3)(B) shall apply with respect to amounts to
be allotted to States under subparagraph (A), in the
same manner and to the same extent as such requirements
apply with respect to amounts to be allotted to States
under paragraph (3)(A).
(5) State supports, services, and other activities.--In
determining, for purposes of paragraph (1)(A)(ii), the extent
of need in any State for services for individuals with
developmental disabilities, the Secretary shall take into
account the scope and extent of the services, supports, and
assistance described, pursuant to section 124(c)(3)(A), in the
State plan of the State.
(6) Increase in allotments.--In any year in which the total
amount appropriated under section 129 for a fiscal year exceeds
the total amount appropriated under such section (or a
corresponding provision) for the preceding fiscal year by a
percentage greater than the most recent percentage change in
the Consumer Price Index published by the Secretary of Labor
under section 100(c)(1) of the Rehabilitation Act of 1973 (29
U.S.C. 720(c)(1)) (if the percentage change indicates an
increase), the Secretary shall increase each of the minimum
allotments described in paragraphs (3) and (4). The Secretary
shall increase each minimum allotment by an amount that bears
the same ratio to the amount of such minimum allotment
(including any increases in such minimum allotment under this
paragraph (or a corresponding provision) for prior fiscal
years) as the amount that is equal to the difference between--
(A) the total amount appropriated under section 129
for the fiscal year for which the increase in the
minimum allotment is being made; minus
(B) the total amount appropriated under section 129
(or a corresponding provision) for the immediately
preceding fiscal year,
bears to the total amount appropriated under section 129 (or a
corresponding provision) for such preceding fiscal year.
(b) Unobligated Funds.--Any amount paid to a State for a fiscal
year and remaining unobligated at the end of such year shall remain
available to such State for the next fiscal year for the purposes for
which such amount was paid.
(c) Obligation of Funds.--For the purposes of this subtitle, State
Interagency Agreements are considered valid obligations for the purpose
of obligating Federal funds allotted to the State under this subtitle.
(d) Cooperative Efforts Between States.--If a State plan approved
in accordance with section 124 provides for cooperative or joint effort
between or among States or agencies, public or private, in more than 1
State, portions of funds allotted to 1 or more States described in this
subsection may be combined in accordance with the agreements between
the States or agencies involved.
(e) Reallotments.--
(1) In general.--If the Secretary determines that an amount
of an allotment to a State for a period (of a fiscal year or
longer) will not be required by the State during the period for
the purpose for which the allotment was made, the Secretary may
reallot the amount.
(2) Timing.--The Secretary may make such a reallotment from
time to time, on such date as the Secretary may fix, but not
earlier than 30 days after the Secretary has published notice
of the intention of the Secretary to make the reallotment in
the Federal Register.
(3) Amounts.--The Secretary shall reallot the amount to
other States with respect to which the Secretary has not made
that determination. The Secretary shall reallot the amount in
proportion to the original allotments of the other States for
such fiscal year, but shall reduce such proportionate amount
for any of the other States to the extent the proportionate
amount exceeds the sum that the Secretary estimates the State
needs and will be able to use during such period.
(4) Reallotment of reductions.--The Secretary shall
similarly reallot the total of the reductions among the States
whose proportionate amounts were not so reduced.
(5) Treatment.--Any amount reallotted to a State under this
subsection for a fiscal year shall be deemed to be a part of
the allotment of the State under subsection (a) for such fiscal
year.
SEC. 123. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION, AND
SERVICES.
(a) State Plan Expenditures.--From each State's allotments for a
fiscal year under section 122, the Secretary shall pay to the State the
Federal share of the cost, other than the cost for construction,
incurred during such year for activities carried out under the State
plan approved under section 124. The Secretary shall make such payments
from time to time in advance on the basis of estimates by the Secretary
of the sums the State will expend for the cost under the State plan.
The Secretary shall make such adjustments as may be necessary to the
payments on account of previously made underpayments or overpayments
under this section.
(b) Designated State Agency Expenditures.--The Secretary may make
payments to a State for the portion described in section
124(c)(5)(B)(vi) in advance or by way of reimbursement, and in such
installments as the Secretary may determine.
SEC. 124. STATE PLAN.
(a) In General.--Any State desiring to receive assistance under
this subtitle shall submit to the Secretary, and obtain approval of, a
5-year strategic State plan under this section.
(b) Planning Cycle.--The plan described in subsection (a) shall be
updated as appropriate during the 5-year period.
(c) State Plan Requirements.--In order to be approved by the
Secretary under this section, a State plan shall meet each of the
following requirements:
(1) State council.--The plan shall provide for the
establishment and maintenance of a Council in accordance with
section 125 and describe the membership of such Council.
(2) Designated state agency.--The plan shall identify the
agency or office within the State designated to support the
Council in accordance with this section and section 125(d)
(referred to in this subtitle as a ``designated State
agency'').
(3) Comprehensive review and analysis.--The plan shall
describe the results of a comprehensive review and analysis of
the extent to which services, supports, and other assistance
are available to individuals with developmental disabilities
and their families, and the extent of unmet needs for services,
supports, and other assistance for those individuals and their
families, in the State. The results of the comprehensive review
and analysis shall include--
(A) a description of the services, supports, and
other assistance being provided to individuals with
developmental disabilities and their families under
other federally assisted State programs, plans, and
policies under which the State operates and in which
individuals with developmental disabilities are or may
be eligible to participate, including particularly
programs relating to the areas of emphasis, including--
(i) medical assistance, maternal and child
health care, services for children with special
health care needs, children's mental health
services, comprehensive health and mental
health services, and institutional care
options;
(ii) job training, job placement, worksite
accommodation, and vocational rehabilitation,
and other work assistance programs; and
(iii) social, child welfare, aging,
independent living, and rehabilitation and
assistive technology services, and such other
services as the Secretary may specify;
(B) a description of the extent to which agencies
operating such other federally assisted State programs,
including activities authorized under section 101 or
102 of the Assistive Technology Act of 1998 (29 U.S.C.
3011, 3012), pursue interagency initiatives to improve
and enhance community services, individualized
supports, and other forms of assistance for individuals
with developmental disabilities;
(C) an analysis of the extent to which community
services and opportunities related to the areas of
emphasis directly benefit individuals with
developmental disabilities, especially with regard to
their ability to access and use services provided in
their communities, to participate in opportunities,
activities, and events offered in their communities,
and to contribute to community life, identifying
particularly--
(i) the degree of support for individuals
with developmental disabilities that are
attributable to either physical impairment,
mental impairment, or a combination of physical
and mental impairments;
(ii) criteria for eligibility for services,
including specialized services and special
adaptation of generic services provided by
agencies within the State, that may exclude
individuals with developmental disabilities
from receiving services described in this
clause;
(iii) the barriers that impede full
participation of members of unserved and
underserved groups of individuals with
developmental disabilities and their families;
(iv) the availability of assistive
technology, assistive technology services, or
rehabilitation technology, or information about
assistive technology, assistive technology
services, or rehabilitation technology to
individuals with developmental disabilities;
(v) the numbers of individuals with
developmental disabilities on waiting lists for
services described in this subparagraph;
(vi) a description of the adequacy of
current resources and projected availability of
future resources to fund services described in
this subparagraph;
(vii) a description of the adequacy of
health care and other services, supports, and
assistance that individuals with developmental
disabilities who are in facilities receive
(based in part on each independent review
(pursuant to section 1902(a)(30)(C) of the
Social Security Act (42 U.S.C.
1396a(a)(30)(C))) of an Intermediate Care
Facility (Mental Retardation) within the State,
which the State shall provide to the Council
not later than 30 days after the availability
of the review); and
(viii) to the extent that information is
available, a description of the adequacy of
health care and other services, supports, and
assistance that individuals with developmental
disabilities who are served through home and
community-based waivers (authorized under
section 1915(c) of the Social Security Act (42
U.S.C. 1396n(c))) receive;
(D) a description of how entities funded under
subtitles C and D, through interagency agreements or
other mechanisms, collaborated with the entity funded
under this subtitle in the State, each other, and other
entities to contribute to the achievement of the
purpose of this subtitle; and
(E) the rationale for the goals related to
advocacy, capacity building, and systemic change to be
undertaken by the Council to contribute to the
achievement of the purpose of this subtitle.
(4) Plan goals.--The plan shall focus on Council efforts to
bring about the purpose of this subtitle, by--
(A) specifying 5-year goals, as developed through
data driven strategic planning, for advocacy, capacity
building, and systemic change related to the areas of
emphasis, to be undertaken by the Council, that--
(i) are derived from the unmet needs of
individuals with developmental disabilities and
their families identified under paragraph (3);
and
(ii) include a goal, for each year of the
grant, to--
(I) establish or strengthen a
program for the direct funding of a
State self-advocacy organization led by
individuals with developmental
disabilities;
(II) support opportunities for
individuals with developmental
disabilities who are considered leaders
to provide leadership training to
individuals with developmental
disabilities who may become leaders;
and
(III) support and expand
participation of individuals with
developmental disabilities in cross-
disability and culturally diverse
leadership coalitions; and
(B) for each year of the grant, describing--
(i) the goals to be achieved through the
grant, which, beginning in fiscal year 2002,
shall be consistent with applicable indicators
of progress described in section 104(a)(3);
(ii) the strategies to be used in achieving
each goal; and
(iii) the method to be used to determine if
each goal has been achieved.
(5) Assurances.--
(A) In general.--The plan shall contain or be
supported by assurances and information described in
subparagraphs (B) through (N) that are satisfactory to
the Secretary.
(B) Use of funds.--With respect to the funds paid
to the State under section 122, the plan shall provide
assurances that--
(i) not less than 70 percent of such funds
will be expended for activities related to the
goals described in paragraph (4);
(ii) such funds will contribute to the
achievement of the purpose of this subtitle in
various political subdivisions of the State;
(iii) such funds will be used to
supplement, and not supplant, the non-Federal
funds that would otherwise be made available
for the purposes for which the funds paid under
section 122 are provided;
(iv) such funds will be used to complement
and augment rather than duplicate or replace
services for individuals with developmental
disabilities and their families who are
eligible for Federal assistance under other
State programs;
(v) part of such funds will be made
available by the State to public or private
entities;
(vi) at the request of any State, a portion
of such funds provided to such State under this
subtitle for any fiscal year shall be available
to pay up to \1/2\ (or the entire amount if the
Council is the designated State agency) of the
expenditures found to be necessary by the
Secretary for the proper and efficient exercise
of the functions of the designated State
agency, except that not more than 5 percent of
such funds provided to such State for any
fiscal year, or $50,000, whichever is less,
shall be made available for total expenditures
for such purpose by the designated State
agency; and
(vii) not more than 20 percent of such
funds will be allocated to the designated State
agency for service demonstrations by such
agency that--
(I) contribute to the achievement
of the purpose of this subtitle; and
(II) are explicitly authorized by
the Council.
(C) State financial participation.--The plan shall
provide assurances that there will be reasonable State
financial participation in the cost of carrying out the
plan.
(D) Conflict of interest.--The plan shall provide
an assurance that no member of such Council will cast a
vote on any matter that would provide direct financial
benefit to the member or otherwise give the appearance
of a conflict of interest.
(E) Urban and rural poverty areas.--The plan shall
provide assurances that special financial and technical
assistance will be given to organizations that provide
community services, individualized supports, and other
forms of assistance to individuals with developmental
disabilities who live in areas designated as urban or
rural poverty areas.
(F) Program accessibility standards.--The plan
shall provide assurances that programs, projects, and
activities funded under the plan, and the buildings in
which such programs, projects, and activities are
operated, will meet standards prescribed by the
Secretary in regulations and all applicable Federal and
State accessibility standards, including accessibility
requirements of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d), and the
Fair Housing Act (42 U.S.C. 3601 et seq.).
(G) Individualized services.--The plan shall
provide assurances that any direct services provided to
individuals with developmental disabilities and funded
under the plan will be provided in an individualized
manner, consistent with the unique strengths,
resources, priorities, concerns, abilities, and
capabilities of such individual.
(H) Human rights.--The plan shall provide
assurances that the human rights of the individuals
with developmental disabilities (especially individuals
without familial protection) who are receiving services
under programs assisted under this subtitle will be
protected consistent with section 109 (relating to
rights of individuals with developmental disabilities).
(I) Minority participation.--The plan shall provide
assurances that the State has taken affirmative steps
to assure that participation in programs funded under
this subtitle is geographically representative of the
State, and reflects the diversity of the State with
respect to race and ethnicity.
(J) Employee protections.--The plan shall provide
assurances that fair and equitable arrangements (as
determined by the Secretary after consultation with the
Secretary of Labor) will be provided to protect the
interests of employees affected by actions taken under
the plan to provide community living activities,
including arrangements designed to preserve employee
rights and benefits and provide training and retraining
of such employees where necessary, and arrangements
under which maximum efforts will be made to guarantee
the employment of such employees.
(K) Staff assignments.--The plan shall provide
assurances that the staff and other personnel of the
Council, while working for the Council, will be
responsible solely for assisting the Council in
carrying out the duties of the Council under this
subtitle and will not be assigned duties by the
designated State agency, or any other agency, office,
or entity of the State.
(L) Noninterference.--The plan shall provide
assurances that the designated State agency, and any
other agency, office, or entity of the State, will not
interfere with the advocacy, capacity building, and
systemic change activities, budget, personnel, State
plan development, or plan implementation of the
Council, except that the designated State agency shall
have the authority necessary to carry out the
responsibilities described in section 125(d)(3).
(M) State quality assurance.--The plan shall
provide assurances that the Council will participate in
the planning, design or redesign, and monitoring of
State quality assurance systems that affect individuals
with developmental disabilities.
(N) Other assurances.--The plan shall contain such
additional information and assurances as the Secretary
may find necessary to carry out the provisions
(including the purpose) of this subtitle.
(d) Public Input and Review, Submission, and Approval.--
(1) Public input and review.--The plan shall be based on
public input. The Council shall make the plan available for
public review and comment, after providing appropriate and
sufficient notice in accessible formats of the opportunity for
such review and comment. The Council shall revise the plan to
take into account and respond to significant comments.
(2) Consultation with the designated state agency.--Before
the plan is submitted to the Secretary, the Council shall
consult with the designated State agency to ensure that the
State plan is consistent with State law and to obtain
appropriate State plan assurances.
(3) Plan approval.--The Secretary shall approve any State
plan and, as appropriate, amendments of such plan that comply
with the provisions of subsections (a), (b), and (c) and this
subsection. The Secretary may take final action to disapprove a
State plan after providing reasonable notice and an opportunity
for a hearing to the State.
SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABILITIES AND DESIGNATED
STATE AGENCIES.
(a) In General.--Each State that receives assistance under this
subtitle shall establish and maintain a Council to undertake advocacy,
capacity building, and systemic change activities (consistent with
subsections (b) and (c) of section 101) that contribute to a
coordinated, consumer- and family-centered, consumer- and family-
directed, comprehensive system of community services, individualized
supports, and other forms of assistance that contribute to the
achievement of the purpose of this subtitle. The Council shall have the
authority to fulfill the responsibilities described in subsection (c).
(b) Council Membership.--
(1) Council appointments.--
(A) In general.--The members of the Council of a
State shall be appointed by the Governor of the State
from among the residents of that State.
(B) Recommendations.--The Governor shall select
members of the Council, at the discretion of the
Governor, after soliciting recommendations from
organizations representing a broad range of individuals
with developmental disabilities and individuals
interested in individuals with developmental
disabilities, including the non-State agency members of
the Council. The Council may, at the initiative of the
Council, or on the request of the Governor, coordinate
Council and public input to the Governor regarding all
recommendations.
(C) Representation.--The membership of the Council
shall be geographically representative of the State and
reflect the diversity of the State with respect to race
and ethnicity.
(2) Membership rotation.--The Governor shall make
appropriate provisions to rotate the membership of the Council.
Such provisions shall allow members to continue to serve on the
Council until such members' successors are appointed. The
Council shall notify the Governor regarding membership
requirements of the Council, and shall notify the Governor when
vacancies on the Council remain unfilled for a significant
period of time.
(3) Representation of individuals with developmental
disabilities.--Not less than 60 percent of the membership of
each Council shall consist of individuals who are--
(A)(i) individuals with developmental disabilities;
(ii) parents or guardians of children with
developmental disabilities; or
(iii) immediate relatives or guardians of adults
with mentally impairing developmental disabilities who
cannot advocate for themselves; and
(B) not employees of a State agency that receives
funds or provides services under this subtitle, and who
are not managing employees (as defined in section
1126(b) of the Social Security Act (42 U.S.C. 1320a-
5(b)) of any other entity that receives funds or
provides services under this subtitle.
(4) Representation of agencies and organizations.--
(A) In general.--Each Council shall include--
(i) representatives of relevant State
entities, including--
(I) State entities that administer
funds provided under Federal laws
related to individuals with
disabilities, including the
Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.), the Individuals with
Disabilities Education Act (20 U.S.C.
1400 et seq.), the Older Americans Act
of 1965 (42 U.S.C. 3001 et seq.), and
titles V and XIX of the Social Security
Act (42 U.S.C. 701 et seq. and 1396 et
seq.);
(II) Centers in the State; and
(III) the State protection and
advocacy system; and
(ii) representatives, at all times,
of local and nongovernmental agencies,
and private nonprofit groups concerned
with services for individuals with
developmental disabilities in the State
in which such agencies and groups are
located.
(B) Authority and limitations.--The representatives
described in subparagraph (A) shall--
(i) have sufficient authority to engage in
policy planning and implementation on behalf of
the department, agency, or program such
representatives represent; and
(ii) recuse themselves from any discussion
of grants or contracts for which such
representatives' departments, agencies, or
programs are grantees, contractors, or
applicants and comply with the conflict of
interest assurance requirement under section
124(c)(5)(D).
(5) Composition of membership with developmental
disabilities.--Of the members of the Council described in
paragraph (3)--
(A) \1/3\ shall be individuals with developmental
disabilities described in paragraph (3)(A)(i);
(B) \1/3\ shall be parents or guardians of children
with developmental disabilities described in paragraph
(3)(A)(ii), or immediate relatives or guardians of
adults with developmental disabilities described in
paragraph (3)(A)(iii); and
(C) \1/3\ shall be a combination of individuals
described in paragraph (3)(A).
(6) Institutionalized individuals.--
(A) In general.--Of the members of the Council
described in paragraph (5), at least 1 shall be an
immediate relative or guardian of an individual with a
developmental disability who resides or previously
resided in an institution or shall be an individual
with a developmental disability who resides or
previously resided in an institution.
(B) Limitation.--Subparagraph (A) shall not apply
with respect to a State if such an individual does not
reside in that State.
(c) Council Responsibilities.--
(1) In general.--A Council, through Council members, staff,
consultants, contractors, or subgrantees, shall have the
responsibilities described in paragraphs (2) through (10).
(2) Advocacy, capacity building, and systemic change
activities.--The Council shall serve as an advocate for
individuals with developmental disabilities and conduct or
support programs, projects, and activities that carry out the
purpose of this subtitle.
(3) Examination of goals.--At the end of each grant year,
each Council shall--
(A) determine the extent to which each goal of the
Council was achieved for that year;
(B) determine to the extent that each goal was not
achieved, the factors that impeded the achievement;
(C) determine needs that require amendment of the
5-year strategic State plan required under section 124;
(D) separately determine the information on the
self-advocacy goal described in section
124(c)(4)(A)(ii); and
(E) determine customer satisfaction with Council
supported or conducted activities.
(4) State plan development.--The Council shall develop the
State plan and submit the State plan to the Secretary after
consultation with the designated State agency under the State
plan. Such consultation shall be solely for the purposes of
obtaining State assurances and ensuring consistency of the plan
with State law.
(5) State plan implementation.--
(A) In general.--The Council shall implement the
State plan by conducting and supporting advocacy,
capacity building, and systemic change activities such
as those described in subparagraphs (B) through (L).
(B) Outreach.--The Council may support and conduct
outreach activities to identify individuals with
developmental disabilities and their families who
otherwise might not come to the attention of the
Council and assist and enable the individuals and
families to obtain services, individualized supports,
and other forms of assistance, including access to
special adaptation of generic community services or
specialized services.
(C) Training.--The Council may support and conduct
training for persons who are individuals with
developmental disabilities, their families, and
personnel (including professionals, paraprofessionals,
students, volunteers, and other community members) to
enable such persons to obtain access to, or to provide,
community services, individualized supports, and other
forms of assistance, including special adaptation of
generic community services or specialized services for
individuals with developmental disabilities and their
families. To the extent that the Council supports or
conducts training activities under this subparagraph,
such activities shall contribute to the achievement of
the purpose of this subtitle.
(D) Technical assistance.--The Council may support
and conduct technical assistance activities to assist
public and private entities to contribute to the
achievement of the purpose of this subtitle.
(E) Supporting and educating communities.--The
Council may support and conduct activities to assist
neighborhoods and communities to respond positively to
individuals with developmental disabilities and their
families--
(i) by encouraging local networks to
provide informal and formal supports;
(ii) through education; and
(iii) by enabling neighborhoods and
communities to offer such individuals and their
families access to and use of services,
resources, and opportunities.
(F) Interagency collaboration and coordination.--
The Council may support and conduct activities to
promote interagency collaboration and coordination to
better serve, support, assist, or advocate for
individuals with developmental disabilities and their
families.
(G) Coordination with related councils, committees,
and programs.--The Council may support and conduct
activities to enhance coordination of services with--
(i) other councils, entities, or
committees, authorized by Federal or State law,
concerning individuals with disabilities (such
as the State interagency coordinating council
established under subtitle C of the Individuals
with Disabilities Education Act (20 U.S.C. 1431
et seq.), the State Rehabilitation Council and
the Statewide Independent Living Council
established under the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.), the State mental
health planning council established under
subtitle B of title XIX of the Public Health
Service Act (42 U.S.C. 300x-1 et seq.), and the
activities authorized under section 101 or 102
of the Assistive Technology Act of 1998 (29
U.S.C. 3011, 3012), and entities carrying out
other similar councils, entities, or
committees);
(ii) parent training and information
centers under part D of the Individuals with
Disabilities Education Act (20 U.S.C. 1451 et
seq.) and other entities carrying out federally
funded projects that assist parents of children
with disabilities; and
(iii) other groups interested in advocacy,
capacity building, and systemic change
activities to benefit individuals with
disabilities.
(H) Barrier elimination, systems design and
redesign.--The Council may support and conduct
activities to eliminate barriers to assess and use of
community services by individuals with developmental
disabilities, enhance systems design and redesign, and
enhance citizen participation to address issues
identified in the State plan.
(I) Coalition development and citizen
participation.--The Council may support and conduct
activities to educate the public about the
capabilities, preferences, and needs of individuals
with developmental disabilities and their families and
to develop and support coalitions that support the
policy agenda of the Council, including training in
self-advocacy, education of policymakers, and citizen
leadership skills.
(J) Informing policymakers.--The Council may
support and conduct activities to provide information
to policymakers by supporting and conducting studies
and analyses, gathering information, and developing and
disseminating model policies and procedures,
information, approaches, strategies, findings,
conclusions, and recommendations. The Council may
provide the information directly to Federal, State, and
local policymakers, including Congress, the Federal
executive branch, the Governors, State legislatures,
and State agencies, in order to increase the ability of
such policymakers to offer opportunities and to enhance
or adapt generic services to meet the needs of, or
provide specialized services to, individuals with
developmental disabilities and their families.
(K) Demonstration of new approaches to services and
supports.--
(i) In general.--The Council may support
and conduct, on a time-limited basis,
activities to demonstrate new approaches to
serving individuals with developmental
disabilities that are a part of an overall
strategy for systemic change. The strategy may
involve the education of policymakers and the
public about how to deliver effectively, to
individuals with developmental disabilities and
their families, services, supports, and
assistance that contribute to the achievement
of the purpose of this subtitle.
(ii) Sources of funding.--The Council may
carry out this subparagraph by supporting and
conducting demonstration activities through
sources of funding other than funding provided
under this subtitle, and by assisting entities
conducting demonstration activities to develop
strategies for securing funding from other
sources.
(L) Other activities.--The Council may support and
conduct other advocacy, capacity building, and systemic
change activities to promote the development of a
coordinated, consumer- and family-centered, consumer-
and family-directed, comprehensive system of community
services, individualized supports, and other forms of
assistance that contribute to the achievement of the
purpose of this subtitle.
(6) Review of designated state agency.--The Council shall
periodically review the designated State agency and activities
carried out under this subtitle by the designated State agency
and make any recommendations for change to the Governor.
(7) Reports.--Beginning in fiscal year 2002, the Council
shall annually prepare and transmit to the Secretary a report.
Each report shall be in a form prescribed by the Secretary by
regulation under section 104(b). Each report shall contain
information about the progress made by the Council in achieving
the goals of the Council (as specified in section 124(c)(4)),
including--
(A) a description of the extent to which the goals
were achieved;
(B) a description of the strategies that
contributed to achieving the goals;
(C) to the extent to which the goals were not
achieved, a description of factors that impeded the
achievement;
(D) separate information on the self-advocacy goal
described in section 124(c)(4)(A)(ii);
(E)(i) as appropriate, an update on the results of
the comprehensive review and analysis described in
section 124(c)(3); and
(ii) information on consumer satisfaction with
Council supported or conducted activities;
(F)(i) a description of the adequacy of health care
and other services, supports, and assistance that
individuals with developmental disabilities in
Intermediate Care Facilities (Mental Retardation)
receive; and
(ii) a description of the adequacy of health care
and other services, supports, and assistance that
individuals with developmental disabilities served
through home and community-based waivers (authorized
under section 1915(c) of the Social Security Act (42
U.S.C. 1396n(c)) receive;
(G) an accounting of the manner in which funds paid
to the State under this subtitle for a fiscal year were
expended;
(H) a description of--
(i) resources made available to carry out
activities to assist individuals with
developmental disabilities that are directly
attributable to Council actions; and
(ii) resources made available for such
activities that are undertaken by the Council
in collaboration with other entities; and
(I) a description of the method by which the
Council will widely disseminate the annual report to
affected constituencies and the general public and will
assure that the report is available in accessible
formats.
(8) Budget.--Each Council shall prepare, approve, and
implement a budget using amounts paid to the State under this
subtitle to fund and implement all programs, projects, and
activities carried out under this subtitle, including--
(A)(i) conducting such hearings and forums as the
Council may determine to be necessary to carry out the
duties of the Council; and
(ii) as determined in Council policy--
(I) reimbursing members of the Council for
reasonable and necessary expenses (including
expenses for child care and personal assistance
services) for attending Council meetings and
performing Council duties;
(II) paying a stipend to a member of the
Council, if such member is not employed or must
forfeit wages from other employment, to attend
Council meetings and perform other Council
duties;
(III) supporting Council member and staff
travel to authorized training and technical
assistance activities including in-service
training and leadership development activities;
and
(IV) carrying out appropriate
subcontracting activities;
(B) hiring and maintaining such numbers and types
of staff (qualified by training and experience) and
obtaining the services of such professional,
consulting, technical, and clerical staff (qualified by
training and experience), consistent with State law, as
the Council determines to be necessary to carry out the
functions of the Council under this subtitle, except
that such State shall not apply hiring freezes,
reductions in force, prohibitions on travel, or other
policies to the staff of the Council, to the extent
that such policies would impact the staff or functions
funded with Federal funds, or would prevent the Council
from carrying out the functions of the Council under
this subtitle; and
(C) directing the expenditure of funds for grants,
contracts, interagency agreements that are binding
contracts, and other activities authorized by the State
plan approved under section 124.
(9) Staff hiring and supervision.--The Council shall,
consistent with State law, recruit and hire a Director of the
Council, should the position of Director become vacant, and
supervise and annually evaluate the Director. The Director
shall hire, supervise, and annually evaluate the staff of the
Council. Council recruitment, hiring, and dismissal of staff
shall be conducted in a manner consistent with Federal and
State nondiscrimination laws. Dismissal of personnel shall be
conducted in a manner consistent with State law and personnel
policies.
(10) Staff assignments.--The staff of the Council, while
working for the Council, shall be responsible solely for
assisting the Council in carrying out the duties of the Council
under this subtitle and shall not be assigned duties by the
designated State agency or any other agency or entity of the
State.
(11) Construction.--Nothing in this title shall be
construed to authorize a Council to direct, control, or
exercise any policymaking authority or administrative authority
over any program assisted under the Rehabilitation Act of 1973
(29 U.S.C. 701 et seq.) or the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
(d) Designated State Agency.--
(1) In general.--Each State that receives assistance under
this subtitle shall designate a State agency that shall, on
behalf of the State, provide support to the Council. After the
date of enactment of the Developmental Disabilities Assistance
and Bill of Rights Act Amendments of 1994 (Public Law 103-230),
any designation of a State agency under this paragraph shall be
made in accordance with the requirements of this subsection.
(2) Designation.--
(A) Type of agency.--Except as provided in this
subsection, the designated State agency shall be--
(i) the Council if such Council may be the
designated State agency under the laws of the
State;
(ii) a State agency that does not provide
or pay for services for individuals with
developmental disabilities; or
(iii) a State office, including the
immediate office of the Governor of the State
or a State planning office.
(B) Conditions for continuation of state service
agency designation.--
(i) Designation before enactment.--If a
State agency that provides or pays for services
for individuals with developmental disabilities
was a designated State agency for purposes of
part B of the Developmental Disabilities
Assistance and Bill of Rights Act on the date
of enactment of the Developmental Disabilities
Assistance and Bill of Rights Act Amendments of
1994, and the Governor of the State (or the
legislature, where appropriate and in
accordance with State law) determines prior to
June 30, 1994, not to change the designation of
such agency, such agency may continue to be a
designated State agency for purposes of this
subtitle.
(ii) Criteria for continued designation.--
The determination, at the discretion of the
Governor (or the legislature, as the case may
be), shall be made after--
(I) the Governor has considered the
comments and recommendations of the
general public and a majority of the
non-State agency members of the Council
with respect to the designation of such
State agency; and
(II) the Governor (or the
legislature, as the case may be) has
made an independent assessment that the
designation of such agency will not
interfere with the budget, personnel,
priorities, or other action of the
Council, and the ability of the Council
to serve as an independent advocate for
individuals with developmental
disabilities.
(C) Review of designation.--The Council may request
a review of and change in the designation of the
designated State agency by the Governor (or the
legislature, as the case may be). The Council shall
provide documentation concerning the reason the Council
desires a change to be made and make a recommendation
to the Governor (or the legislature, as the case may
be) regarding a preferred designated State agency.
(D) Appeal of designation.--After the review is
completed under subparagraph (C), a majority of the
non-State agency members of the Council may appeal to
the Secretary for a review of and change in the
designation of the designated State agency if the
ability of the Council to serve as an independent
advocate is not assured because of the actions or
inactions of the designated State agency.
(3) Responsibilities.--
(A) In general.--The designated State agency shall,
on behalf of the State, have the responsibilities
described in subparagraphs (B) through (G).
(B) Support services.--The designated State agency
shall provide required assurances and support services
as requested by and negotiated with the Council.
(C) Fiscal responsibilities.--The designated State
agency shall--
(i) receive, account for, and disburse
funds under this subtitle based on the State
plan required in section 124; and
(ii) provide for such fiscal control and
fund accounting procedures as may be necessary
to assure the proper disbursement of, and
accounting for, funds paid to the State under
this subtitle.
(D) Records, access, and financial reports.--The
designated State agency shall keep and provide access
to such records as the Secretary and the Council may
determine to be necessary. The designated State agency,
if other than the Council, shall provide timely
financial reports at the request of the Council
regarding the status of expenditures, obligations, and
liquidation by the agency or the Council, and the use
of the Federal and non-Federal shares described in
section 126, by the agency or the Council.
(E) Non-federal share.--The designated State
agency, if other than the Council, shall provide the
required non-Federal share described in section 126(c).
(F) Assurances.--The designated State agency shall
assist the Council in obtaining the appropriate State
plan assurances and in ensuring that the plan is
consistent with State law.
(G) Memorandum of understanding.--On the request of
the Council, the designated State agency shall enter
into a memorandum of understanding with the Council
delineating the roles and responsibilities of the
designated State agency.
(4) Use of funds for designated state agency
responsibilities.--
(A) Condition for federal funding.--
(i) In general.--The Secretary shall
provide amounts to a State under section
124(c)(5)(B)(vi) for a fiscal year only if the
State expends an amount from State sources for
carrying out the responsibilities of the
designated State agency under paragraph (3) for
the fiscal year that is not less than the total
amount the State expended from such sources for
carrying out similar responsibilities for the
previous fiscal year.
(ii) Exception.--Clause (i) shall not apply
in a year in which the Council is the
designated State agency.
(B) Support services provided by other agencies.--
With the agreement of the designated State agency, the
Council may use or contract with agencies other than
the designated State agency to perform the functions of
the designated State agency.
SEC. 126. FEDERAL AND NON-FEDERAL SHARE.
(a) Aggregate Cost.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the Federal share of the cost of all projects in a State
supported by an allotment to the State under this subtitle may
not be more than 75 percent of the aggregate necessary cost of
such projects, as determined by the Secretary.
(2) Urban or rural poverty areas.--In the case of projects
whose activities or products target individuals with
developmental disabilities who live in urban or rural poverty
areas, as determined by the Secretary, the Federal share of the
cost of all such projects may not be more than 90 percent of
the aggregate necessary cost of such projects, as determined by
the Secretary.
(3) State plan activities.--In the case of projects
undertaken by the Council or Council staff to implement State
plan activities, the Federal share of the cost of all such
projects may be not more than 100 percent of the aggregate
necessary cost of such activities.
(b) Nonduplication.--In determining the amount of any State's
Federal share of the cost of such projects incurred by such State under
a State plan approved under section 124, the Secretary shall not
consider--
(1) any portion of such cost that is financed by Federal
funds provided under any provision of law other than section
122; and
(2) the amount of any non-Federal funds required to be
expended as a condition of receipt of the Federal funds
described in paragraph (1).
(c) Non-Federal Share.--
(1) In-kind contributions.--The non-Federal share of the
cost of any project supported by an allotment under this
subtitle may be provided in cash or in kind, fairly evaluated,
including plant, equipment, or services.
(2) Contributions of political subdivisions and public or
private entities.--
(A) In general.--Contributions to projects by a
political subdivision of a State or by a public or
private entity under an agreement with the State shall,
subject to such limitations and conditions as the
Secretary may by regulation prescribe under section
104(b), be considered to be contributions by such
State, in the case of a project supported under this
subtitle.
(B) State contributions.--State contributions,
including contributions by the designated State agency
to provide support services to the Council pursuant to
section 125(d)(4), may be counted as part of such
State's non-Federal share of the cost of projects
supported under this subtitle.
(3) Variations of the non-federal share.--The non-Federal
share required of each recipient of a grant from a Council
under this subtitle may vary.
SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION, AND
SERVICES.
Whenever the Secretary, after providing reasonable notice and an
opportunity for a hearing to the Council and the designated State
agency, finds that--
(1) the Council or agency has failed to comply
substantially with any of the provisions required by section
124 to be included in the State plan, particularly provisions
required by paragraphs (4)(A) and (5)(B)(vii) of section
124(c), or with any of the provisions required by section
125(b)(3); or
(2) the Council or agency has failed to comply
substantially with any regulations of the Secretary that are
applicable to this subtitle,
the Secretary shall notify such Council and agency that the Secretary
will not make further payments to the State under section 122 (or, in
the discretion of the Secretary, that further payments to the State
under section 122 for activities for which there is such failure),
until the Secretary is satisfied that there will no longer be such
failure. Until the Secretary is so satisfied, the Secretary shall make
no further payments to the State under section 122, or shall limit
further payments under section 122 to such State to activities for
which there is no such failure.
SEC. 128. APPEALS BY STATES.
(a) Appeal.--If any State is dissatisfied with the Secretary's
action under section 124(d)(3) or 127, such State may appeal to the
United States court of appeals for the circuit in which such State is
located, by filing a petition with such court not later than 60 days
after such action.
(b) Filing.--The clerk of the court shall transmit promptly a copy
of the petition to the Secretary, or any officer designated by the
Secretary for that purpose. The Secretary shall file promptly with the
court the record of the proceedings on which the Secretary based the
action, as provided in section 2112 of title 28, United States Code.
(c) Jurisdiction.--Upon the filing of the petition, the court shall
have jurisdiction to affirm the action of the Secretary or to set the
action aside, in whole or in part, temporarily or permanently. Until
the filing of the record, the Secretary may modify or set aside the
order of the Secretary relating to the action.
(d) Findings and Remand.--The findings of the Secretary about the
facts, if supported by substantial evidence, shall be conclusive, but
the court, for good cause shown, may remand the case involved to the
Secretary for further proceedings to take further evidence. On remand,
the Secretary may make new or modified findings of fact and may modify
the previous action of the Secretary, and shall file with the court the
record of the further proceedings. Such new or modified findings of
fact shall likewise be conclusive if supported by substantial evidence.
(e) Finality.--The judgment of the court affirming or setting
aside, in whole or in part, any action of the Secretary shall be final,
subject to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of title 28,
United States Code.
(f) Effect.--The commencement of proceedings under this section
shall not, unless so specifically ordered by a court, operate as a stay
of the Secretary's action.
SEC. 129. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding for State Allotments.--Except as described in
subsection (b), there are authorized to be appropriated for allotments
under section 122 $76,000,000 for fiscal year 2001 and such sums as may
be necessary for each of fiscal years 2002 through 2007.
(b) Reservation for Technical Assistance.--
(1) Lower appropriation years.--For any fiscal year for
which the amount appropriated under subsection (a) is less than
$76,000,000, the Secretary shall reserve funds in accordance
with section 163(c) to provide technical assistance to entities
funded under this subtitle.
(2) Higher appropriation years.--For any fiscal year for
which the amount appropriated under subsection (a) is not less
than $76,000,000, the Secretary shall reserve not less than
$300,000 and not more than 1 percent of the amount appropriated
under subsection (a) to provide technical assistance to
entities funded under this subtitle.
Subtitle C--Protection and Advocacy of Individual Rights
SEC. 141. PURPOSE.
The purpose of this subtitle is to provide for allotments to
support a protection and advocacy system (referred to in this subtitle
as a ``system'') in each State to protect the legal and human rights of
individuals with developmental disabilities in accordance with this
subtitle.
SEC. 142. ALLOTMENTS AND PAYMENTS.
(a) Allotments.--
(1) In general.--To assist States in meeting the
requirements of section 143(a), the Secretary shall allot to
the States the amounts appropriated under section 145 and not
reserved under paragraph (6). Allotments and reallotments of
such sums shall be made on the same basis as the allotments and
reallotments are made under subsections (a)(1)(A) and (e) of
section 122, except as provided in paragraph (2).
(2) Minimum allotments.--In any case in which--
(A) the total amount appropriated under section 145
for a fiscal year is not less than $20,000,000, the
allotment under paragraph (1) for such fiscal year--
(i) to each of American Samoa, Guam, the
United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands
may not be less than $107,000; and
(ii) to any State not described in clause
(i) may not be less than $200,000; or
(B) the total amount appropriated under section 145
for a fiscal year is less than $20,000,000, the
allotment under paragraph (1) for such fiscal year--
(i) to each of American Samoa, Guam, the
United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands
may not be less than $80,000; and
(ii) to any State not described in clause
(i) may not be less than $150,000.
(3) Reduction of allotment.--Notwithstanding paragraphs (1)
and (2), if the aggregate of the amounts to be allotted to the
States pursuant to such paragraphs for any fiscal year exceeds
the total amount appropriated for such allotments under section
145 for such fiscal year, the amount to be allotted to each
State for such fiscal year shall be proportionately reduced.
(4) Increase in allotments.--In any year in which the total
amount appropriated under section 145 for a fiscal year exceeds
the total amount appropriated under such section (or a
corresponding provision) for the preceding fiscal year by a
percentage greater than the most recent percentage change in
the Consumer Price Index published by the Secretary of Labor
under section 100(c)(1) of the Rehabilitation Act of 1973 (29
U.S.C. 720(c)(1)) (if the percentage change indicates an
increase), the Secretary shall increase each of the minimum
allotments described in subparagraphs (A) and (B) of paragraph
(2). The Secretary shall increase each minimum allotment by an
amount that bears the same ratio to the amount of such minimum
allotment (including any increases in such minimum allotment
under this paragraph (or a corresponding provision) for prior
fiscal years) as the amount that is equal to the difference
between--
(A) the total amount appropriated under section 145
for the fiscal year for which the increase in the
minimum allotment is being made; minus
(B) the total amount appropriated under section 145
(or a corresponding provision) for the immediately
preceding fiscal year,
bears to the total amount appropriated under section 145 (or a
corresponding provision) for such preceding fiscal year.
(5) Monitoring the administration of the system.--In a
State in which the system is housed in a State agency, the
State may use not more than 5 percent of any allotment under
this subsection for the costs of monitoring the administration
of the system required under section 143(a).
(6) Technical assistance and american indian consortium.--
In any case in which the total amount appropriated under
section 145 for a fiscal year is more than $24,500,000, the
Secretary shall--
(A) use not more than 2 percent of the amount
appropriated to provide technical assistance to
eligible systems with respect to activities carried out
under this subtitle (consistent with requests by such
systems for such assistance for the year); and
(B) provide a grant in accordance with section
143(b), and in an amount described in paragraph
(2)(A)(i), to an American Indian consortium to provide
protection and advocacy services.
(b) Payment to Systems.--Notwithstanding any other provision of
law, the Secretary shall pay directly to any system in a State that
complies with the provisions of this subtitle the amount of the
allotment made for the State under this section, unless the system
specifies otherwise.
(c) Unobligated Funds.--Any amount paid to a system under this
subtitle for a fiscal year and remaining unobligated at the end of such
year shall remain available to such system for the next fiscal year,
for the purposes for which such amount was paid.
SEC. 143. SYSTEM REQUIRED.
(a) System Required.--In order for a State to receive an allotment
under subtitle B or this subtitle--
(1) the State shall have in effect a system to protect and
advocate the rights of individuals with developmental
disabilities;
(2) such system shall--
(A) have the authority to--
(i) pursue legal, administrative, and other
appropriate remedies or approaches to ensure
the protection of, and advocacy for, the rights
of such individuals within the State who are or
who may be eligible for treatment, services, or
habilitation, or who are being considered for a
change in living arrangements, with particular
attention to members of ethnic and racial
minority groups; and
(ii) provide information on and referral to
programs and services addressing the needs of
individuals with developmental disabilities;
(B) have the authority to investigate incidents of
abuse and neglect of individuals with developmental
disabilities if the incidents are reported to the
system or if there is probable cause to believe that
the incidents occurred;
(C) on an annual basis, develop, submit to the
Secretary, and take action with regard to goals (each
of which is related to 1 or more areas of emphasis) and
priorities, developed through data driven strategic
planning, for the system's activities;
(D) on an annual basis, provide to the public,
including individuals with developmental disabilities
attributable to either physical impairment, mental
impairment, or a combination of physical and mental
impairment, and their representatives, and as
appropriate, non-State agency representatives of the
State Councils on Developmental Disabilities, and
Centers, in the State, an opportunity to comment on--
(i) the goals and priorities established by
the system and the rationale for the
establishment of such goals; and
(ii) the activities of the system,
including the coordination of services with the
entities carrying out advocacy programs under
the Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.), the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.), and the Protection and
Advocacy for Mentally Ill Individuals Act of
1986 (42 U.S.C. 10801 et seq.), and with
entities carrying out other related programs,
including the parent training and information
centers funded under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.), and activities authorized under section
101 or 102 of the Assistive Technology Act of
1998 (29 U.S.C. 3011, 3012);
(E) establish a grievance procedure for clients or
prospective clients of the system to ensure that
individuals with developmental disabilities have full
access to services of the system;
(F) not be administered by the State Council on
Developmental Disabilities;
(G) be independent of any agency that provides
treatment, services, or habilitation to individuals
with developmental disabilities;
(H) have access at reasonable times to any
individual with a developmental disability in a
location in which services, supports, and other
assistance are provided to such an individual, in order
to carry out the purpose of this subtitle;
(I) have access to all records of--
(i) any individual with a developmental
disability who is a client of the system if
such individual, or the legal guardian,
conservator, or other legal representative of
such individual, has authorized the system to
have such access;
(ii) any individual with a developmental
disability, in a situation in which--
(I) the individual, by reason of
such individual's mental or physical
condition, is unable to authorize the
system to have such access;
(II) the individual does not have a
legal guardian, conservator, or other
legal representative, or the legal
guardian of the individual is the
State; and
(III) a complaint has been received
by the system about the individual with
regard to the status or treatment of
the individual or, as a result of
monitoring or other activities, there
is probable cause to believe that such
individual has been subject to abuse or
neglect; and
(iii) any individual with a developmental
disability, in a situation in which--
(I) the individual has a legal
guardian, conservator, or other legal
representative;
(II) a complaint has been received
by the system about the individual with
regard to the status or treatment of
the individual or, as a result of
monitoring or other activities, there
is probable cause to believe that such
individual has been subject to abuse or
neglect;
(III) such representative has been
contacted by such system, upon receipt
of the name and address of such
representative;
(IV) such system has offered
assistance to such representative to
resolve the situation; and
(V) such representative has failed
or refused to act on behalf of the
individual;
(J)(i) have access to the records of individuals
described in subparagraphs (B) and (I), and other
records that are relevant to conducting an
investigation, under the circumstances described in
those subparagraphs, not later than 3 business days
after the system makes a written request for the
records involved; and
(ii) have immediate access, not later than 24 hours
after the system makes such a request, to the records
without consent from another party, in a situation in
which services, supports, and other assistance are
provided to an individual with a developmental
disability--
(I) if the system determines there is
probable cause to believe that the health or
safety of the individual is in serious and
immediate jeopardy; or
(II) in any case of death of an individual
with a developmental disability;
(K) hire and maintain sufficient numbers and types
of staff (qualified by training and experience) to
carry out such system's functions, except that the
State involved shall not apply hiring freezes,
reductions in force, prohibitions on travel, or other
policies to the staff of the system, to the extent that
such policies would impact the staff or functions of
the system funded with Federal funds or would prevent
the system from carrying out the functions of the
system under this subtitle;
(L) have the authority to educate policymakers; and
(M) provide assurances to the Secretary that funds
allotted to the State under section 142 will be used to
supplement, and not supplant, the non-Federal funds
that would otherwise be made available for the purposes
for which the allotted funds are provided;
(3) to the extent that information is available, the State
shall provide to the system--
(A) a copy of each independent review, pursuant to
section 1902(a)(30)(C) of the Social Security Act (42
U.S.C. 1396a(a)(30)(C)), of an Intermediate Care
Facility (Mental Retardation) within the State, not
later than 30 days after the availability of such a
review; and
(B) information about the adequacy of health care
and other services, supports, and assistance that
individuals with developmental disabilities who are
served through home and community-based waivers
(authorized under section 1915(c) of the Social
Security Act (42 U.S.C. 1396n(c))) receive; and
(4) the agency implementing the system shall not be
redesignated unless--
(A) there is good cause for the redesignation;
(B) the State has given the agency notice of the
intention to make such redesignation, including notice
regarding the good cause for such redesignation, and
given the agency an opportunity to respond to the
assertion that good cause has been shown;
(C) the State has given timely notice and an
opportunity for public comment in an accessible format
to individuals with developmental disabilities or their
representatives; and
(D) the system has an opportunity to appeal the
redesignation to the Secretary, on the basis that the
redesignation was not for good cause.
(b) American Indian Consortium.--Upon application to the Secretary,
an American Indian consortium established to provide protection and
advocacy services under this subtitle, shall receive funding pursuant
to section 142(a)(6) to provide the services. Such consortium shall be
considered to be a system for purposes of this subtitle and shall
coordinate the services with other systems serving the same geographic
area. The tribal council that designates the consortium shall carry out
the responsibilities and exercise the authorities specified for a State
in this subtitle, with regard to the consortium.
(c) Record.--In this section, the term ``record'' includes--
(1) a report prepared or received by any staff at any
location at which services, supports, or other assistance is
provided to individuals with developmental disabilities;
(2) a report prepared by an agency or staff person charged
with investigating reports of incidents of abuse or neglect,
injury, or death occurring at such location, that describes
such incidents and the steps taken to investigate such
incidents; and
(3) a discharge planning record.
SEC. 144. ADMINISTRATION.
(a) Governing Board.--In a State in which the system described in
section 143 is organized as a private nonprofit entity with a
multimember governing board, or a public system with a multimember
governing board, such governing board shall be selected according to
the policies and procedures of the system, except that--
(1)(A) the governing board shall be composed of members who
broadly represent or are knowledgeable about the needs of the
individuals served by the system;
(B) a majority of the members of the board shall be--
(i) individuals with disabilities, including
individuals with developmental disabilities, who are
eligible for services, or have received or are
receiving services through the system; or
(ii) parents, family members, guardians, advocates,
or authorized representatives of individuals referred
to in clause (i); and
(C) the board may include a representative of the State
Council on Developmental Disabilities, the Centers in the
State, and the self-advocacy organization described in section
124(c)(4)(A)(ii)(I);
(2) not more than \1/3\ of the members of the governing
board may be appointed by the chief executive officer of the
State involved, in the case of any State in which such officer
has the authority to appoint members of the board;
(3) the membership of the governing board shall be subject
to term limits set by the system to ensure rotating membership;
(4) any vacancy in the board shall be filled not later than
60 days after the date on which the vacancy occurs; and
(5) in a State in which the system is organized as a public
system without a multimember governing or advisory board, the
system shall establish an advisory council--
(A) that shall advise the system on policies and
priorities to be carried out in protecting and
advocating the rights of individuals with developmental
disabilities; and
(B) on which a majority of the members shall be--
(i) individuals with developmental
disabilities who are eligible for services, or
have received or are receiving services,
through the system; or
(ii) parents, family members, guardians,
advocates, or authorized representatives of
individuals referred to in clause (i).
(b) Legal Action.--
(1) In general.--Nothing in this title shall preclude a
system from bringing a suit on behalf of individuals with
developmental disabilities against a State, or an agency or
instrumentality of a State.
(2) Use of amounts from judgment.--An amount received
pursuant to a suit described in paragraph (1) through a court
judgment may only be used by the system to further the purpose
of this subtitle and shall not be used to augment payments to
legal contractors or to award personal bonuses.
(3) Limitation.--The system shall use assistance provided
under this subtitle in a manner consistent with section 5 of
the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C.
14404).
(c) Disclosure of Information.--For purposes of any periodic audit,
report, or evaluation required under this subtitle, the Secretary shall
not require an entity carrying out a program to disclose the identity
of, or any other personally identifiable information related to, any
individual requesting assistance under such program.
(d) Public Notice of Federal Onsite Review.--The Secretary shall
provide advance public notice of any Federal programmatic or
administrative onsite review of a system conducted under this subtitle
and solicit public comment on the system through such notice. The
Secretary shall prepare an onsite visit report containing the results
of such review, which shall be distributed to the Governor of the State
and to other interested public and private parties. The comments
received in response to the public comment solicitation notice shall be
included in the onsite visit report.
(e) Reports.--Beginning in fiscal year 2002, each system
established in a State pursuant to this subtitle shall annually prepare
and transmit to the Secretary a report that describes the activities,
accomplishments, and expenditures of the system during the preceding
fiscal year, including a description of the system's goals, the extent
to which the goals were achieved, barriers to their achievement, the
process used to obtain public input, the nature of such input, and how
such input was used.
SEC. 145. 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.
Subtitle D--National Network of University Centers for Excellence in
Developmental Disabilities Education, Research, and Service
SEC. 151. GRANT AUTHORITY.
(a) National Network.--From appropriations authorized under section
156(a)(1), the Secretary shall make 5-year grants to entities in each
State designated as University Centers for Excellence in Developmental
Disabilities Education, Research, and Service to carry out activities
described in section 153(a).
(b) National Training Initiatives.--From appropriations authorized
under section 156(a)(1) and reserved under section 156(a)(2), the
Secretary shall make grants to Centers to carry out activities
described in section 153(b).
(c) Technical Assistance.--From appropriations authorized under
section 156(a)(1) and reserved under section 156(a)(3) (or from funds
reserved under section 163, as appropriate), the Secretary shall enter
into 1 or more cooperative agreements or contracts for the purpose of
providing technical assistance described in section 153(c).
SEC. 152. GRANT AWARDS.
(a) Existing Centers.--
(1) In general.--In awarding and distributing grant funds
under section 151(a) for a fiscal year, the Secretary, subject
to the availability of appropriations and the condition
specified in subsection (d), shall award and distribute grant
funds in equal amounts of $500,000 (adjusted in accordance with
subsection (b)), to each Center that existed during the
preceding fiscal year and that meets the requirements of this
subtitle, prior to making grants under subsection (c) or (d).
(2) Reduction of award.--Notwithstanding paragraph (1), if
the aggregate of the funds to be awarded to the Centers
pursuant to paragraph (1) for any fiscal year exceeds the total
amount appropriated under section 156 for such fiscal year, the
amount to be awarded to each Center for such fiscal year shall
be proportionately reduced.
(b) Adjustments.--Subject to the availability of appropriations,
for any fiscal year following a year in which each Center described in
subsection (a) received a grant award of not less than $500,000 under
subsection (a) (adjusted in accordance with this subsection), the
Secretary shall adjust the awards to take into account the most recent
percentage change in the Consumer Price Index published by the
Secretary of Labor under section 100(c)(1) of the Rehabilitation Act of
1973 (29 U.S.C. 720(c)(1)) (if the percentage change indicates an
increase), prior to making grants under subsection (c) or (d).
(c) National Training Initiatives on Critical and Emerging Needs.--
Subject to the availability of appropriations, for any fiscal year in
which each Center described in subsection (a) receives a grant award of
not less than $500,000, under subsection (a) (adjusted in accordance
with subsection (b)), after making the grant awards, the Secretary
shall make grants under section 151(b) to Centers to pay for the
Federal share of the cost of training initiatives related to the unmet
needs of individuals with developmental disabilities and their
families, as described in section 153(b).
(d) Additional Grants.--For any fiscal year in which each Center
described in subsection (a) receives a grant award of not less than
$500,000 under subsection (a) (adjusted in accordance with subsection
(b)), after making the grant awards, the Secretary may make grants
under section 151(a) for activities described in section 153(a) to
additional Centers, or additional grants to Centers, for States or
populations that are unserved or underserved by Centers due to such
factors as--
(1) population;
(2) a high concentration of rural or urban areas; or
(3) a high concentration of unserved or underserved
populations.
SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES.
(a) National Network of University Centers for Excellence in
Developmental Disabilities Education, Research, and Service.--
(1) In general.--In order to provide leadership in, advise
Federal, State, and community policymakers about, and promote
opportunities for individuals with developmental disabilities
to exercise self-determination, be independent, be productive,
and be integrated and included in all facets of community life,
the Secretary shall award grants to eligible entities
designated as Centers in each State to pay for the Federal
share of the cost of the administration and operation of the
Centers. The Centers shall be interdisciplinary education,
research, and public service units of universities (as defined
by the Secretary) or public or not-for-profit entities
associated with universities that engage in core functions,
described in paragraph (2), addressing, directly or indirectly,
1 or more of the areas of emphasis.
(2) Core functions.--The core functions referred to in
paragraph (1) shall include the following:
(A) Provision of interdisciplinary pre-service
preparation and continuing education of students and
fellows, which may include the preparation and
continuing education of leadership, direct service,
clinical, or other personnel to strengthen and increase
the capacity of States and communities to achieve the
purpose of this title.
(B) Provision of community services--
(i) that provide training or technical
assistance for individuals with developmental
disabilities, their families, professionals,
paraprofessionals, policymakers, students, and
other members of the community; and
(ii) that may provide services, supports,
and assistance for the persons described in
clause (i) through demonstration and model
activities.
(C) Conduct of research, which may include basic or
applied research, evaluation, and the analysis of
public policy in areas that affect or could affect,
either positively or negatively, individuals with
developmental disabilities and their families.
(D) Dissemination of information related to
activities undertaken to address the purpose of this
title, especially dissemination of information that
demonstrates that the network authorized under this
subtitle is a national and international resource that
includes specific substantive areas of expertise that
may be accessed and applied in diverse settings and
circumstances.
(b) National Training Initiatives on Critical and Emerging Needs.--
(1) Supplemental grants.--After consultation with relevant,
informed sources, including individuals with developmental
disabilities and their families, the Secretary shall award,
under section 151(b), supplemental grants to Centers to pay for
the Federal share of the cost of training initiatives related
to the unmet needs of individuals with developmental
disabilities and their families. The Secretary shall make the
grants on a competitive basis, and for periods of not more than
5 years.
(2) Establishment of consultation process by the
secretary.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall establish a consultation
process that, on an ongoing basis, allows the Secretary to
identify and address, through supplemental grants authorized
under paragraph (1), training initiatives related to the unmet
needs of individuals with developmental disabilities and their
families.
(c) Technical Assistance.--In order to strengthen and support the
national network of Centers, the Secretary may enter into 1 or more
cooperative agreements or contracts to--
(1) assist in national and international dissemination of
specific information from multiple Centers and, in appropriate
cases, other entities whose work affects the lives of
individuals with developmental disabilities;
(2) compile, analyze, and disseminate state-of-the-art
training, research, and demonstration results policies, and
practices from multiple Centers and, in appropriate cases,
other entities whose work affects the lives of persons with
developmental disabilities;
(3) convene experts from multiple Centers to discuss and
make recommendations with regard to national emerging needs of
individuals with developmental disabilities;
(4)(A) develop portals that link users with every Center's
website; and
(B) facilitate electronic information sharing using state-
of-the-art Internet technologies such as real-time online
discussions, multipoint video conferencing, and web-based
audio/video broadcasts, on emerging topics that impact
individuals with disabilities and their families;
(5) serve as a research-based resource for Federal and
State policymakers on information concerning and issues
impacting individuals with developmental disabilities and
entities that assist or serve those individuals; or
(6) undertake any other functions that the Secretary
determines to be appropriate;
to promote the viability and use of the resources and expertise of the
Centers nationally and internationally.
SEC. 154. APPLICATIONS.
(a) Applications for Core Center Grants.--
(1) In general.--To be eligible to receive a grant under
section 151(a) for a Center, an entity shall submit to the
Secretary, and obtain approval of, an application at such time,
in such manner, and containing such information, as the
Secretary may require.
(2) Application contents.--Each application described in
paragraph (1) shall describe a 5-year plan, including a
projected goal related to 1 or more areas of emphasis for each
of the core functions described in section 153(a).
(3) Assurances.--The application shall be approved by the
Secretary only if the application contains or is supported by
reasonable assurances that the entity designated as the Center
will--
(A) meet regulatory standards as established by the
Secretary for Centers;
(B) address the projected goals, and carry out
goal-related activities, based on data driven strategic
planning and in a manner consistent with the objectives
of this subtitle, that--
(i) are developed in collaboration with the
consumer advisory committee established
pursuant to subparagraph (E);
(ii) are consistent with, and to the extent
feasible complement and further, the Council
goals contained in the State plan submitted
under section 124 and the system goals
established under section 143; and
(iii) will be reviewed and revised annually
as necessary to address emerging trends and
needs;
(C) use the funds made available through the grant
to supplement, and not supplant, the funds that would
otherwise be made available for activities described in
section 153(a);
(D) protect, consistent with the policy specified
in section 101(c) (relating to rights of individuals
with developmental disabilities), the legal and human
rights of all individuals with developmental
disabilities (especially those individuals under State
guardianship) who are involved in activities carried
out under programs assisted under this subtitle;
(E) establish a consumer advisory committee--
(i) of which a majority of the members
shall be individuals with developmental
disabilities and family members of such
individuals;
(ii) that is comprised of--
(I) individuals with developmental
disabilities and related disabilities;
(II) family members of individuals
with developmental disabilities;
(III) a representative of the State
protection and advocacy system;
(IV) a representative of the State
Council on Developmental Disabilities;
(V) a representative of a self-
advocacy organization described in
section 124(c)(4)(A)(ii)(I); and
(VI) representatives of
organizations that may include parent
training and information centers
assisted under section 682 or 683 of
the Individuals with Disabilities
Education Act (20 U.S.C. 1482, 1483),
entities carrying out activities
authorized under section 101 or 102 of
the Assistive Technology Act of 1998
(29 U.S.C. 3011, 3012), relevant State
agencies, and other community groups
concerned with the welfare of
individuals with developmental
disabilities and their families;
(iii) that reflects the racial and ethnic
diversity of the State; and
(iv) that shall--
(I) consult with the Director of
the Center regarding the development of
the 5-year plan, and shall participate
in an annual review of, and comment on,
the progress of the Center in meeting
the projected goals contained in the
plan, and shall make recommendations to
the Director of the Center regarding
any proposed revisions of the plan that
might be necessary; and
(II) meet as often as necessary to
carry out the role of the committee,
but at a minimum twice during each
grant year;
(F) to the extent possible, utilize the
infrastructure and resources obtained through funds
made available under the grant to leverage additional
public and private funds to successfully achieve the
projected goals developed in the 5-year plan;
(G)(i) have a director with appropriate academic
credentials, demonstrated leadership, expertise
regarding developmental disabilities, significant
experience in managing grants and contracts, and the
ability to leverage public and private funds; and
(ii) allocate adequate staff time to carry out
activities related to each of the core functions
described in section 153(a); and
(H) educate, and disseminate information related to
the purpose of this title to, the legislature of the
State in which the Center is located, and to Members of
Congress from such State.
(b) Supplemental Grant Applications Pertaining to National Training
Initiatives in Critical and Emerging Needs.--To be eligible to receive
a supplemental grant under section 151(b), a Center may submit a
supplemental application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require, pursuant
to the terms and conditions set by the Secretary consistent with
section 153(b).
(c) Peer Review.--
(1) In general.--The Secretary shall require that all
applications submitted under this subtitle be subject to
technical and qualitative review by peer review groups
established under paragraph (2). The Secretary may approve an
application under this subtitle only if such application has
been recommended by a peer review group that has conducted the
peer review required under this paragraph. In conducting the
review, the group may conduct onsite visits or inspections of
related activities as necessary.
(2) Establishment of peer review groups.--
(A) In general.--The Secretary, acting through the
Commissioner of the Administration on Developmental
Disabilities, may, notwithstanding--
(i) the provisions of title 5, United
States Code, concerning appointments to the
competitive service; and
(ii) the provisions of chapter 51, and
subchapter III of chapter 53 of title 5, United
States Code, concerning classification and
General Schedule pay rates;
establish such peer review groups and appoint and set
the rates of pay of members of such groups.
(B) Composition.--Each peer review group shall
include such individuals with disabilities and parents,
guardians, or advocates of or for individuals with
developmental disabilities, as are necessary to carry
out this subsection.
(3) Waivers of approval.--The Secretary may waive the
provisions of paragraph (1) with respect to review and approval
of an application if the Secretary determines that exceptional
circumstances warrant such a waiver.
(d) Federal Share.--
(1) In general.--The Federal share of the cost of
administration or operation of a Center, or the cost of
carrying out a training initiative, supported by a grant made
under this subtitle may not be more than 75 percent of the
necessary cost of such project, as determined by the Secretary.
(2) Urban or rural poverty areas.--In the case of a project
whose activities or products target individuals with
developmental disabilities who live in an urban or rural
poverty area, as determined by the Secretary, the Federal share
of the cost of the project may not be more than 90 percent of
the necessary costs of the project, as determined by the
Secretary.
(3) Grant expenditures.--For the purpose of determining the
Federal share with respect to the project, expenditures on that
project by a political subdivision of a State or by a public or
private entity shall, subject to such limitations and
conditions as the Secretary may by regulation prescribe under
section 104(b), be considered to be expenditures made by a
Center under this subtitle.
(e) Annual Report.--Each Center shall annually prepare and transmit
to the Secretary a report containing--
(1) information on progress made in achieving the projected
goals of the Center for the previous year, including--
(A) the extent to which the goals were achieved;
(B) a description of the strategies that
contributed to achieving the goals;
(C) to the extent to which the goals were not
achieved, a description of factors that impeded the
achievement; and
(D) an accounting of the manner in which funds paid
to the Center under this subtitle for a fiscal year
were expended;
(2) information on proposed revisions to the goals; and
(3) a description of successful efforts to leverage funds,
other than funds made available under this subtitle, to pursue
goals consistent with this subtitle.
SEC. 155. DEFINITION.
In this subtitle, the term ``State'' means each of the several
States of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, and Guam.
SEC. 156. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization and Reservations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this subtitle (other than section 153(c)(4))
$30,000,000 for fiscal year 2001 and such sums as may be
necessary for each of fiscal years 2002 through 2007.
(2) Reservation for training initiatives.--From any amount
appropriated for a fiscal year under paragraph (1) and
remaining after each Center described in section 152(a) has
received a grant award of not less than $500,000, as described
in section 152, the Secretary shall reserve funds for the
training initiatives authorized under section 153(b).
(3) Reservation for technical assistance.--
(A) Years before appropriation trigger.--For any
covered year, the Secretary shall reserve funds in
accordance with section 163(c) to fund technical
assistance activities under section 153(c) (other than
section 153(c)(4)).
(B) Years after appropriation trigger.--For any
fiscal year that is not a covered year, the Secretary
shall reserve not less than $300,000 and not more than
2 percent of the amount appropriated under paragraph
(1) to fund technical assistance activities under
section 153(c) (other than section 153(c)(4)).
(C) Covered year.--In this paragraph, the term
``covered year'' means a fiscal year prior to the first
fiscal year for which the amount appropriated under
paragraph (1) is not less than $20,000,000.
(b) Limitation.--The Secretary may not use, for peer review or
other activities directly related to peer review conducted under this
subtitle--
(1) for fiscal year 2001, more than $300,000 of the funds
made available under subsection (a); and
(2) for any succeeding fiscal year, more than the amount of
funds used for the peer review and related activities in fiscal
year 2001, adjusted to take into account the most recent
percentage change in the Consumer Price Index published by the
Secretary of Labor under section 100(c)(1) of the
Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the
percentage change indicates an increase).
Subtitle E--Projects of National Significance
SEC. 161. PURPOSE.
The purpose of this subtitle is to provide grants, contracts, or
cooperative agreements for projects of national significance that--
(1) create opportunities for individuals with developmental
disabilities to directly and fully contribute to, and
participate in, all facets of community life; and
(2) support the development of national and State policies
that reinforce and promote, with the support of families,
guardians, advocates, and communities, of individuals with
developmental disabilities, the self-determination,
independence, productivity, and integration and inclusion in
all facets of community life of such individuals through--
(A) family support activities;
(B) data collection and analysis;
(C) technical assistance to entities funded under
subtitles B and D, subject to the limitations described
in sections 129(b), 156(a)(3), and 163(c); and
(D) other projects of sufficient size and scope
that hold promise to expand or improve opportunities
for such individuals, including--
(i) projects that provide technical
assistance for the development of information
and referral systems;
(ii) projects that provide technical
assistance to self-advocacy organizations of
individuals with developmental disabilities;
(iii) projects that provide education for
policymakers;
(iv) Federal interagency initiatives;
(v) projects that enhance the participation
of racial and ethnic minorities in public and
private sector initiatives in developmental
disabilities;
(vi) projects that provide aid to
transition youth with developmental
disabilities from school to adult life,
especially in finding employment and
postsecondary education opportunities and in
upgrading and changing any assistive technology
devices that may be needed as a youth matures;
(vii) initiatives that address the
development of community quality assurance
systems and the training related to the
development, implementation, and evaluation of
such systems, including training of individuals
with developmental disabilities and their
families;
(viii) initiatives that address the needs
of aging individuals with developmental
disabilities and aging caregivers of adults
with developmental disabilities in the
community;
(ix) initiatives that create greater access
to and use of generic services systems,
community organizations, and associations, and
initiatives that assist in community economic
development;
(x) initiatives that create access to
increased living options;
(xi) initiatives that address the
challenging behaviors of individuals with
developmental disabilities, including
initiatives that promote positive alternatives
to the use of restraints and seclusion; and
(xii) initiatives that address other areas
of emerging need.
SEC. 162. GRANT AUTHORITY.
(a) In General.--The Secretary shall award grants, contracts, or
cooperative agreements to public or private nonprofit entities for
projects of national significance relating to individuals with
developmental disabilities to carry out activities described in section
161(2).
(b) Federal Interagency Initiatives.--
(1) In general.--
(A) Authority.--The Secretary may--
(i) enter into agreements with Federal
agencies to jointly carry out activities
described in section 161(2) or to jointly carry
out activities of common interest related to
the objectives of such section; and
(ii) transfer to such agencies for such
purposes funds appropriated under this
subtitle, and receive and use funds from such
agencies for such purposes.
(B) Relation to program purposes.--Funds
transferred or received pursuant to this paragraph
shall be used only in accordance with statutes
authorizing the appropriation of such funds. Such funds
shall be made available through grants, contracts, or
cooperative agreements only to recipients eligible to
receive such funds under such statutes.
(C) Procedures and criteria.--If the Secretary
enters into an agreement under this subsection for the
administration of a jointly funded project--
(i) the agreement shall specify which
agency's procedures shall be used to award
grants, contracts, or cooperative agreements
and to administer such awards;
(ii) the participating agencies may develop
a single set of criteria for the jointly funded
project, and may require applicants to submit a
single application for joint review by such
agencies; and
(iii) unless the heads of the participating
agencies develop joint eligibility
requirements, an applicant for an award for the
project shall meet the eligibility requirements
of each program involved.
(2) Limitation.--The Secretary may not construe the
provisions of this subsection to take precedence over a
limitation on joint funding contained in an applicable statute.
SEC. 163. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out the projects specified in this section $16,000,000 for fiscal year
2001, and such sums as may be necessary for each of fiscal years 2002
through 2007.
(b) Use of Funds.--
(1) Grants, contracts, and agreements.--Except as provided
in paragraph (2), the amount appropriated under subsection (a)
for each fiscal year shall be used to award grants, or enter
into contracts, cooperative agreements, or other agreements,
under section 162.
(2) Administrative costs.--Not more than 1 percent of the
amount appropriated under subsection (a) for each fiscal year
may be used to provide for the administrative costs (other than
compensation of Federal employees) of the Administration on
Developmental Disabilities for administering this subtitle and
subtitles B, C, and D, including monitoring the performance of
and providing technical assistance to, entities that receive
funds under this title.
(c) Technical Assistance for Councils and Centers.--
(1) In general.--For each covered year, the Secretary shall
expend, to provide technical assistance for entities funded
under subtitle B or D, an amount from funds appropriated under
subsection (a) that is not less than the amount the Secretary
expended on technical assistance for entities funded under that
subtitle (or a corresponding provision) in the previous fiscal
year.
(2) Covered year.--In this subsection, the term ``covered
year'' means--
(A) in the case of an expenditure for entities
funded under subtitle B, a fiscal year for which the
amount appropriated under section 129(a) is less than
$76,000,000; and
(B) in the case of an expenditure for entities
funded under subtitle D, a fiscal year prior to the
first fiscal year for which the amount appropriated
under section 156(a)(1) is not less than $20,000,000.
(3) References.--References in this subsection to subtitle
D shall not be considered to include section 153(c)(4).
(d) Technical Assistance on Electronic Information Sharing.--In
addition to any funds reserved under subsection (c), the Secretary
shall reserve $100,000 from the amount appropriated under subsection
(a) for each fiscal year to carry out section 153(c)(4).
(e) Limitation.--For any fiscal year for which the amount
appropriated under subsection (a) is not less than $10,000,000, not
more than 50 percent of such amount shall be used for activities
carried out under section 161(2)(A).
TITLE II--FAMILY SUPPORT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Families of Children With
Disabilities Support Act of 1999''.
SEC. 202. FINDINGS, PURPOSES, AND POLICY.
(a) Findings.--Congress makes the following findings:
(1) It is in the best interest of our Nation to preserve,
strengthen, and maintain the family.
(2) Families of children with disabilities provide support,
care, and training to their children that can save States
millions of dollars. Without the efforts of family caregivers,
many persons with disabilities would receive care through
State-supported out-of-home placements.
(3) Most families of children with disabilities, especially
families in unserved and underserved populations, do not have
access to family-centered and family-directed services to
support such families in their efforts to care for such
children at home.
(4) Medical advances and improved health care have
increased the life span of many people with disabilities, and
the combination of the longer life spans and the aging of
family caregivers places a continually increasing demand on the
finite service delivery systems of the States.
(5) In 1996, 49 States provided family support initiatives
in response to the needs of families of children with
disabilities. Such initiatives included the provision of cash
subsidies, respite care, and other forms of support. There is a
need in each State, however, to strengthen, expand, and
coordinate the activities of a system of family support
services for families of children with disabilities that is
easily accessible, avoids duplication, uses resources
efficiently, and prevents gaps in services to families in all
areas of the State.
(6) The goals of the Nation properly include the goal of
providing to families of children with disabilities the family
support services necessary--
(A) to support the family;
(B) to enable families of children with
disabilities to nurture and enjoy their children at
home;
(C) to enable families of children with
disabilities to make informed choices and decisions
regarding the nature of supports, resources, services,
and other assistance made available to such families;
and
(D) to support family caregivers of adults with
disabilities.
(b) Purposes.--The purposes of this title are--
(1) to promote and strengthen the implementation of
comprehensive State systems of family support services, for
families with children with disabilities, that are family-
centered and family-directed, and that provide families with
the greatest possible decisionmaking authority and control
regarding the nature and use of services and support;
(2) to promote leadership by families in planning, policy
development, implementation, and evaluation of family support
services for families of children with disabilities;
(3) to promote and develop interagency coordination and
collaboration between agencies responsible for providing the
services; and
(4) to increase the availability of, funding for, access
to, and provision of family support services for families of
children with disabilities.
(c) Policy.--It is the policy of the United States that all
programs, projects, and activities funded under this title shall be
family-centered and family-directed, and shall be provided in a manner
consistent with the goal of providing families of children with
disabilities with the support the families need to raise their children
at home.
SEC. 203. DEFINITIONS AND SPECIAL RULE.
(a) Definitions.--In this title:
(1) Child with a disability.--The term ``child with a
disability'' means an individual who--
(A) has a significant physical or mental
impairment, as defined pursuant to State policy to the
extent that such policy is established without regard
to type of disability; or
(B) is an infant or a young child from birth
through age 8 and has a substantial developmental delay
or specific congenital or acquired condition that
presents a high probability of resulting in a
disability if services are not provided to the infant
or child.
(2) Family.--
(A) In general.--Subject to subparagraph (B), for
purposes of the application of this title in a State,
the term ``family'' has the meaning given the term by
the State.
(B) Exclusion of employees.--The term does not
include an employee who, acting in a paid employment
capacity, provides services to a child with a
disability in an out-of-home setting such as a
hospital, nursing home, personal care home, board and
care home, group home, or other facility.
(3) Family support for families of children with
disabilities.--The term ``family support for families of
children with disabilities'' means supports, resources,
services, and other assistance provided to families of children
with disabilities pursuant to State policy that are designed
to--
(A) support families in the efforts of such
families to raise their children with disabilities in
the home;
(B) strengthen the role of the family as primary
caregiver for such children;
(C) prevent involuntary out-of-the-home placement
of such children and maintain family unity; and
(D) reunite families with children with
disabilities who have been placed out of the home,
whenever possible.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) State.--The term ``State'' means each of the 50 States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(6) Systems change activities.--The term ``systems change
activities'' means efforts that result in laws, regulations,
policies, practices, or organizational structures--
(A) that are family-centered and family-directed;
(B) that facilitate and increase access to,
provision of, and funding for, family support services
for families of children with disabilities; and
(C) that otherwise accomplish the purposes of this
title.
(b) Special Rule.--References in this title to a child with a
disability shall be considered to include references to an individual
who is not younger than age 18 who--
(1) has a significant impairment described in subsection
(a)(1)(A); and
(2) is residing with and receiving assistance from a family
member.
SEC. 204. GRANTS TO STATES.
(a) In General.--The Secretary shall make grants to States on a
competitive basis, in accordance with the provisions of this title, to
support systems change activities designed to assist States to develop
and implement, or expand and enhance, a statewide system of family
support services for families of children with disabilities that
accomplishes the purposes of this title.
(b) Award Period and Grant Limitation.--No grant shall be awarded
under this section for a period of more than 3 years. No State shall be
eligible for more than 1 grant under this section.
(c) Amount of Grants.--
(1) Grants to states.--
(A) Federal matching share.--From amounts
appropriated under section 212(a), the Secretary shall
pay to each State that has an application approved
under section 205, for each year of the grant period,
an amount that is--
(i) equal to not more than 75 percent of
the cost of the systems change activities to be
carried out by the State; and
(ii) not less than $100,000 and not more
than $500,000.
(B) Non-federal share.--The non-Federal share of
the cost of the systems change activities may be in
cash or in kind, fairly evaluated, including plant,
equipment, or services.
(2) Calculation of amounts.--The Secretary shall calculate
a grant amount described in paragraph (1) on the basis of--
(A) the amounts available for making grants under
this section; and
(B) the child population of the State concerned.
(d) Priority for Previously Participating States.--For the second
and third fiscal years for which amounts are appropriated to carry out
this section, the Secretary, in providing payments under this section,
shall give priority to States that received payments under this section
during the preceding fiscal year.
(e) Priorities for Distribution.--To the extent practicable, the
Secretary shall award grants to States under this section in a manner
that--
(1) is geographically equitable;
(2) distributes the grants among States that have differing
levels of development of statewide systems of family support
services for families of children with disabilities; and
(3) distributes the grants among States that attempt to
meet the needs of unserved and underserved populations, such as
individuals from racial and ethnic minority backgrounds,
disadvantaged individuals, individuals with limited English
proficiency, and individuals from underserved geographic areas
(rural or urban).
SEC. 205. APPLICATION.
To be eligible to receive a grant under this title, a State shall
submit an application to the Secretary at such time, in such manner,
and containing such information and assurances as the Secretary may
require, including information about the designation of a lead entity,
a description of available State resources, and assurances that systems
change activities will be family-centered and family-directed.
SEC. 206. DESIGNATION OF THE LEAD ENTITY.
(a) Designation.--The Chief Executive Officer of a State that
desires to receive a grant under section 204, shall designate the
office or entity (referred to in this title as the ``lead entity'')
responsible for--
(1) submitting the application described in section 205 on
behalf of the State;
(2) administering and supervising the use of the amounts
made available under the grant;
(3) coordinating efforts related to and supervising the
preparation of the application;
(4) coordinating the planning, development, implementation
(or expansion and enhancement), and evaluation of a statewide
system of family support services for families of children with
disabilities among public agencies and between public agencies
and private agencies, including coordinating efforts related to
entering into interagency agreements;
(5) coordinating efforts related to the participation by
families of children with disabilities in activities carried
out under a grant made under this title; and
(6) submitting the report described in section 208 on
behalf of the State.
(b) Qualifications.--In designating the lead entity, the Chief
Executive Officer may designate--
(1) an office of the Chief Executive Officer;
(2) a commission appointed by the Chief Executive Officer;
(3) a public agency;
(4) a council established under Federal or State law; or
(5) another appropriate office, agency, or entity.
SEC. 207. AUTHORIZED ACTIVITIES.
(a) In General.--A State that receives a grant under section 204
shall use the funds made available through the grant to carry out
systems change activities that accomplish the purposes of this title.
(b) Special Rule.--In carrying out activities authorized under this
title, a State shall ensure that such activities address the needs of
families of children with disabilities from unserved or underserved
populations.
SEC. 208. REPORTING.
A State that receives a grant under this title shall prepare and
submit to the Secretary, at the end of the grant period, a report
containing the results of State efforts to develop and implement, or
expand and enhance, a statewide system of family support services for
families of children with disabilities.
SEC. 209. TECHNICAL ASSISTANCE.
(a) In General.--The Secretary shall enter into contracts or
cooperative agreements with appropriate public or private agencies and
organizations, including institutions of higher education, with
documented experience, expertise, and capacity, for the purpose of
providing technical assistance and information with respect to the
development and implementation, or expansion and enhancement, of a
statewide system of family support services for families of children
with disabilities.
(b) Purpose.--An agency or organization that provides technical
assistance and information under this section in a State that receives
a grant under this title shall provide the technical assistance and
information to the lead entity of the State, family members of children
with disabilities, organizations, service providers, and policymakers
involved with children with disabilities and their families. Such an
agency or organization may also provide technical assistance and
information to a State that does not receive a grant under this title.
(c) Reports to the Secretary.--An entity providing technical
assistance and information under this section shall prepare and submit
to the Secretary periodic reports regarding Federal policies and
procedures identified within the States that facilitate or impede the
delivery of family support services to families of children with
disabilities. The report shall include recommendations to the Secretary
regarding the delivery of services, coordination with other programs,
and integration of the policies described in section 202 in Federal
law, other than this title.
SEC. 210. EVALUATION.
(a) In General.--The Secretary shall conduct a national evaluation
of the program of grants to States authorized by this title.
(b) Purpose.--
(1) In general.--The Secretary shall conduct the evaluation
under subsection (a) to assess the status and effects of State
efforts to develop and implement, or expand and enhance,
statewide systems of family support services for families of
children with disabilities in a manner consistent with the
provisions of this title. In particular, the Secretary shall
assess the impact of such efforts on families of children with
disabilities, and recommend amendments to this title that are
necessary to assist States to accomplish fully the purposes of
this title.
(2) Information systems.--The Secretary shall work with the
States to develop an information system designed to compile and
report, from information provided by the States, qualitative
and quantitative descriptions of the impact of the program of
grants to States authorized by this title on--
(A) families of children with disabilities,
including families from unserved and underserved
populations;
(B) access to and funding for family support
services for families of children with disabilities;
(C) interagency coordination and collaboration
between agencies responsible for providing the
services; and
(D) the involvement of families of children with
disabilities at all levels of the statewide systems.
(c) Report to Congress.--Not later than 2\1/2\ years after the date
of enactment of this Act, the Secretary shall prepare and submit to the
appropriate committees of Congress a report concerning the results of
the evaluation conducted under this section.
SEC. 211. PROJECTS OF NATIONAL SIGNIFICANCE.
(a) Study by the Secretary.--The Secretary shall review Federal
programs to determine the extent to which such programs facilitate or
impede access to, provision of, and funding for family support services
for families of children with disabilities, consistent with the
policies described in section 202.
(b) Projects of National Significance.--The Secretary shall make
grants or enter into contracts for projects of national significance to
support the development of national and State policies and practices
related to the development and implementation, or expansion and
enhancement, of family-centered and family-directed systems of family
support services for families of children with disabilities.
SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title such sums as may be necessary for each of fiscal years
2001 through 2007.
(b) Reservation.--
(1) In general.--The Secretary shall reserve for each
fiscal year 10 percent, or $400,000 (whichever is greater), of
the amount appropriated pursuant to subsection (a) to carry
out--
(A) section 209 (relating to the provision of
technical assistance and information to States); and
(B) section 210 (relating to the conduct of
evaluations).
(2) Special rule.--For each year that the amount
appropriated pursuant to subsection (a) is $10,000,000 or
greater, the Secretary may reserve 5 percent of such amount to
carry out section 211.
TITLE III--PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES
SEC. 301. FINDINGS.
Congress finds that--
(1) direct support workers, especially young adults, have
played essential roles in providing the support needed by
individuals with developmental disabilities and expanding
community options for those individuals;
(2) 4 factors have contributed to a decrease in the
available pool of direct support workers, specifically--
(A) the small population of individuals who are age
18 through 25, an age group that has been attracted to
direct support work in the past;
(B) the rapid expansion of the service sector,
which attracts individuals who previously would have
elected to pursue employment as direct support workers;
(C) the failure of wages in the human services
sector to keep pace with wages in other service
sectors; and
(D) the lack of quality training and career
advancement opportunities available to direct support
workers; and
(3) individuals with developmental disabilities benefit
from assistance from direct support workers who are well
trained, and benefit from receiving services from professionals
who have spent time as direct support workers.
SEC. 302. DEFINITIONS.
In this title:
(1) Developmental disability.--The term ``developmental
disability'' has the meaning given the term in section 102.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 1201 of the Higher Education Act of 1965 (20
U.S.C. 1141).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 303. REACHING UP SCHOLARSHIP PROGRAM.
(a) Program Authorization.--The Secretary may award grants to
eligible entities, on a competitive basis, to enable the entities to
carry out scholarship programs by providing vouchers for postsecondary
education to direct support workers who assist individuals with
developmental disabilities residing in diverse settings. The Secretary
shall award the grants to pay for the Federal share of the cost of
providing the vouchers.
(b) Eligible Entity.--To be eligible to receive a grant under this
section, an entity shall be--
(1) an institution of higher education;
(2) a State agency; or
(3) a consortium of such institutions or agencies.
(c) Application Requirements.--To be eligible to receive a grant
under this section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a description of--
(1) the basis for awarding the vouchers;
(2) the number of individuals to receive the vouchers; and
(3) the amount of funds that will be made available by the
eligible entity to pay for the non-Federal share of the cost of
providing the vouchers.
(d) Selection Criteria.--In awarding a grant under this section for
a scholarship program, the Secretary shall give priority to an entity
submitting an application that--
(1) specifies that individuals who receive vouchers through
the program will be individuals--
(A) who are direct support workers who assist
individuals with developmental disabilities residing in
diverse settings, while pursuing postsecondary
education; and
(B) each of whom verifies, prior to receiving the
voucher, that the worker has completed 250 hours as a
direct support worker in the past 90 days;
(2) states that the vouchers that will be provided through
the program will be in amounts of not more than $2,000 per
year;
(3) provides an assurance that the eligible entity (or
another specified entity that is not a voucher recipient) will
contribute the non-Federal share of the cost of providing the
vouchers; and
(4) meets such other conditions as the Secretary may
specify.
(e) Federal Share.--The Federal share of the cost of providing the
vouchers shall be not more than 80 percent.
SEC. 304. STAFF DEVELOPMENT CURRICULUM AUTHORIZATION.
(a) Funding.--
(1) In general.--The Secretary shall award funding, on a
competitive basis, through a grant, cooperative agreement, or
contract, to a public or private entity or a combination of
such entities, for the development, evaluation, and
dissemination of a staff development curriculum, and related
guidelines, for computer-assisted, competency-based,
multimedia, interactive instruction, relating to service as a
direct support worker.
(2) Participants.--The curriculum shall be developed for
individuals who--
(A) seek to become direct support workers who
assist individuals with developmental disabilities or
are such direct support workers; and
(B) seek to upgrade their skills and competencies
related to being a direct support worker.
(b) Application Requirements.--To be eligible to receive an award
under this section, an entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including--
(1) a comprehensive analysis of the content of direct
support roles;
(2) information identifying an advisory group that--
(A) is comprised of individuals with experience and
expertise with regard to the support provided by direct
support workers, and effective ways to provide the
support, for individuals with developmental
disabilities in diverse settings; and
(B) will advise the entity throughout the
development, evaluation, and dissemination of the staff
development curriculum and guidelines;
(3) information describing how the entity will--
(A) develop, field test, and validate a staff
development curriculum that--
(i) relates to the appropriate reading
level for direct service workers who assist
individuals with disabilities;
(ii) allows for multiple levels of
instruction;
(iii) provides instruction appropriate for
direct support workers who work in diverse
settings; and
(iv) is consistent with subsections (b) and
(c) of section 101 and section 109;
(B) develop, field test, and validate guidelines
for the organizations that use the curriculum that
provide for--
(i) providing necessary technical and
instructional support to trainers and mentors
for the participants;
(ii) ensuring easy access to and use of
such curriculum by workers that choose to
participate in using, and agencies that choose
to use, the curriculum;
(iii) evaluating the proficiency of the
participants with respect to the content of the
curriculum;
(iv) providing necessary support to the
participants to assure that the participants
have access to, and proficiency in using, a
computer in order to participate in the
development, testing, and validation process;
(v) providing necessary technical and
instructional support to trainers and mentors
for the participants in conjunction with the
development, testing, and validation process;
(vi) addressing the satisfaction of
participants, individuals with developmental
disabilities and their families, providers of
services for such individuals and families, and
other relevant entities with the curriculum;
and
(vii) developing methods to maintain a
record of the instruction completed, and the
content mastered, by each participant under the
curriculum; and
(C) nationally disseminate the curriculum and
guidelines, including dissemination through--
(i) parent training and information centers
funded under part D of the Individuals with
Disabilities Education Act (20 U.S.C. 1451 et
seq.);
(ii) community-based organizations of and
for individuals with developmental disabilities
and their families;
(iii) entities funded under title I;
(iv) centers for independent living;
(v) State educational agencies and local
educational agencies;
(vi) entities operating appropriate medical
facilities;
(vii) postsecondary education entities; and
(viii) other appropriate entities; and
(4) such other information as the Secretary may require.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
(a) Scholarships.--There are authorized to be appropriated to carry
out section 303 $800,000 for fiscal year 2001 and such sums as may be
necessary for each of fiscal years 2002 through 2007.
(b) Staff Development Curriculum.--There are authorized to be
appropriated to carry out section 304 $800,000 for fiscal year 2001 and
such sums as may be necessary for each of fiscal years 2002 and 2003.
TITLE IV--REPEAL
SEC. 401. REPEAL.
(a) In General.--The Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6000 et seq.) is repealed.
(b) Conforming Amendments.--
(1) Individuals with disabilities education act.--Sections
644(b)(4) and 685(b)(4) of the Individuals with Disabilities
Education Act (20 U.S.C. 1444(b)(4), 1484a(b)(4)) are amended
by striking ``the Developmental Disabilities Assistance and
Bill of Rights Act'' and inserting ``the Developmental
Disabilities Assistance and Bill of Rights Act of 1999''.
(2) Native american housing assistance and self-
determination act of 1996.--Section 4(17)(C) of the Native
American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4103(17)(C)) is amended by striking ``as defined
in'' and all that follows and inserting ``as defined in section
102 of the Developmental Disabilities Assistance and Bill of
Rights Act of 1999.''.
(3) Rehabilitation act of 1973.--
(A) Section 105(c)(6) of the Rehabilitation Act of
1973 (29 U.S.C. 725(c)(6)) is amended by striking ``the
State Developmental Disabilities Council described in
section 124 of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6024)''
and inserting ``the State Council on Developmental
Disabilities established under section 125 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 1999''.
(B) Sections 202(h)(2)(D)(iii) and 401(a)(5)(A) of
the Rehabilitation Act of 1973 (29 U.S.C.
762(h)(2)(D)(iii), 781(a)(5)(A)) are amended by
striking ``Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6000 et seq.)'' and
inserting ``Developmental Disabilities Assistance and
Bill of Rights Act of 1999''.
(C) Subsections (a)(1)(B)(i), (f)(2), and (m)(1) of
section 509 of the Rehabilitation Act of 1973 (29
U.S.C. 794e) are amended by striking ``part C of the
Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 6041 et seq.)'' and inserting
``subtitle C of the Developmental Disabilities
Assistance and Bill of Rights Act of 1999''.
(D) Section 509(f)(5)(B) of the Rehabilitation Act
of 1973 (29 U.S.C. 794e(f)(5)(B)) is amended by
striking ``Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6000 et seq.)'' and
inserting ``Developmental Disabilities Assistance and
Bill of Rights Act of 1999''.
(4) Assistive technology act of 1998.--
(A) Section 3(a)(11)(A) of the Assistive Technology
Act of 1998 (29 U.S.C. 3002(a)(11)(A)) is amended by
striking ``part C of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6041 et
seq.)'' and inserting ``subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of
1999''.
(B) Paragraphs (1) and (2) of section 102(a) of the
Assistive Technology Act of 1998 (29 U.S.C. 3012(a))
are amended by striking ``Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6000 et
seq.)'' and inserting ``Developmental Disabilities
Assistance and Bill of Rights Act of 1999''.
(5) Health programs extension act of 1973.--Section 401(e)
of the Health Programs Extension Act of 1973 (42 U.S.C. 300a-
7(e)) is amended by striking ``or the'' and all that follows
through ``may deny'' and inserting ``or the Developmental
Disabilities Assistance and Bill of Rights Act of 1999 may
deny''.
(6) Social security act.--
(A) Section 1919(c)(2)(B)(iii)(III) of the Social
Security Act (42 U.S.C. 1396r(c)(2)(B)(iii)(III)) is
amended by striking ``part C of the Developmental
Disabilities Assistance and Bill of Rights Act'' and
inserting ``subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of
1999''.
(B) Section 1930(d)(7) of the Social Security Act
(42 U.S.C. 1396u(d)(7)) is amended by striking ``State
Planning Council established under section 124 of the
Developmental Disabilities Assistance and Bill of
Rights Act, and the Protection and Advocacy System
established under section 142 of such Act'' and
inserting ``State Council on Developmental Disabilities
established under section 125 of the Developmental
Disabilities Assistance and Bill of Rights Act of 1999
and the protection and advocacy system established
under subtitle C of that Act''.
(7) United states housing act of 1937.--Section
3(b)(3)(E)(iii) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(3)(E)(iii)) is amended by striking
``developmental disability'' and all that follows and inserting
``developmental disability as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act of
1999.''.
(8) Housing act of 1949.--The third sentence of section
501(b)(3) of the Housing Act of 1949 (42 U.S.C. 1471(b)(3)) is
amended by striking ``developmental disability'' and all that
follows and inserting ``developmental disability as defined in
section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 1999.''.
(9) Older americans act of 1965.--
(A) Section 203(b)(17) of the Older Americans Act
of 1965 (42 U.S.C. 3013(b)(17)) is amended by striking
``Developmental Disabilities and Bill of Rights Act''
and inserting ``Developmental Disabilities Assistance
and Bill of Rights Act of 1999''.
(B) Section 427(a) of the Older Americans Act of
1965 (42 U.S.C. 3035f(a)) is amended by striking ``part
A of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6001 et seq.)'' and inserting
``subtitle C of the Developmental Disabilities
Assistance and Bill of Rights Act of 1999''.
(C) Section 429F(a)(1) of the Older Americans Act
of 1965 (42 U.S.C. 3035n(a)(1)) is amended by striking
``section 102(5) of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6001(5))''
and inserting ``section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of
1999''.
(D) Section 712(h)(6)(A) of the Older Americans Act
of 1965 (42 U.S.C. 3058g(h)(6)(A)) is amended by
striking ``part A of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6001 et
seq.)'' and inserting ``subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of
1999''.
(10) Crime victims with disabilities awareness act.--
Section 3 of the Crime Victims With Disabilities Awareness Act
(42 U.S.C. 3732 note) is amended by striking ``term'' and all
that follows and inserting the following ``term in section 102
of the Developmental Disabilities Assistance and Bill of Rights
Act of 1999.''.
(11) Cranston-gonzalez national affordable housing act.--
The third sentence of section 811(k)(2) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013(k)(2))
is amended by striking ``as defined'' and all that follows and
inserting ``as defined in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 1999.''.
(12) State dependent care development grants act.--Section
670G(3) of the State Dependent Care Development Grants Act (42
U.S.C. 9877(3)) is amended by striking ``section 102(7) of the
Developmental Disabilities Assistance and Bill of Rights Act''
and inserting ``section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 1999''.
(13) Protection and advocacy for mentally ill individuals
act of 1986.--
(A) Section 102(2) of the Protection and Advocacy
for Mentally Ill Individuals Act of 1986 (42 U.S.C.
10802(2)) is amended by striking ``part C of the
Developmental Disabilities Assistance and Bill of
Rights Act'' and inserting ``subtitle C of the
Developmental Disabilities Assistance and Bill of
Rights Act of 1999''.
(B) Section 114 of the Protection and Advocacy for
Mentally Ill Individuals Act of 1986 (42 U.S.C. 10824)
is amended by striking ``section 107(c) of the
Developmental Disabilities Assistance and Bill of
Rights Act'' and inserting ``section 105 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 1999''.
(14) Stewart b. mckinney homeless assistance act.--Section
422(2)(C) of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11382(2)(C)) is amended by striking ``as defined''
and all that follows and inserting ``as defined in section 102
of the Developmental Disabilities Assistance and Bill of Rights
Act of 1999, or''.
(15) Assisted suicide funding restriction act of 1997.--
(A) Section 4 of the Assisted Suicide Funding
Restriction Act of 1997 (42 U.S.C. 14403) is amended--
(i) by striking the section heading and
inserting the following:
``SEC. 4. RESTRICTION ON USE OF FEDERAL FUNDS UNDER CERTAIN GRANT
PROGRAMS.'';
and
(ii) by striking ``part B, D, or E of the
Developmental Disabilities Assistance and Bill
of Rights Act'' and inserting ``subtitle B, D,
or E of the Developmental Disabilities
Assistance and Bill of Rights Act of 1999''.
(B) Section 5(b)(1) of the Assisted Suicide Funding
Restriction Act of 1997 (42 U.S.C. 14404(b)(1)) is
amended by striking subparagraph (A) and inserting the
following:
``(A) Protection and advocacy systems under the
developmental disabilities assistance and bill of
rights act of 1999.--Subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of
1999.''.
Passed the House of Representatives July 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 739
106th CONGRESS
2d Session
H. R. 4920
_______________________________________________________________________
AN ACT
To improve service systems for individuals with developmental
disabilities, and for other purposes.
_______________________________________________________________________
July 27, 2000
Received; read twice and placed on the calendar