[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1809 Enrolled Bill (ENR)]
S.1809
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 access and use of community services by individuals
with developmental disabilities, enhance systems design and
redesign, and enhance citizen participation to address issues
identified in the State plan.
(I) Coalition development and citizen participation.--The
Council may support and conduct activities to educate the
public about the capabilities, preferences, and needs of
individuals with developmental disabilities and their families
and to develop and support coalitions that support the policy
agenda of the Council, including training in self-advocacy,
education of policymakers, and citizen leadership skills.
(J) Informing policymakers.--The Council may support and
conduct activities to provide information to policymakers by
supporting and conducting studies and analyses, gathering
information, and developing and disseminating model policies
and procedures, information, approaches, strategies, findings,
conclusions, and recommendations. The Council may provide the
information directly to Federal, State, and local policymakers,
including Congress, the Federal executive branch, the
Governors, State legislatures, and State agencies, in order to
increase the ability of such policymakers to offer
opportunities and to enhance or adapt generic services to meet
the needs of, or provide specialized services to, individuals
with developmental disabilities and their families.
(K) Demonstration of new approaches to services and
supports.--
(i) In general.--The Council may support and conduct,
on a time-limited basis, activities to demonstrate new
approaches to serving individuals with developmental
disabilities that are a part of an overall strategy for
systemic change. The strategy may involve the education of
policymakers and the public about how to deliver
effectively, to individuals with developmental disabilities
and their families, services, supports, and assistance that
contribute to the achievement of the purpose of this
subtitle.
(ii) Sources of funding.--The Council may carry out
this subparagraph by supporting and conducting
demonstration activities through sources of funding other
than funding provided under this subtitle, and by assisting
entities conducting demonstration activities to develop
strategies for securing funding from other sources.
(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 2000''.
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 2000''.
(2) Native american housing assistance and self-determination
act of 1996.--Section 4(17)(C) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103(17)(C)) is amended by striking ``as defined in'' and all that
follows and inserting ``as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000.''.
(3) Rehabilitation act of 1973.--(A) Section 105(c)(6) of the
Rehabilitation Act of 1973 (29 U.S.C. 725(c)(6)) is amended by
striking ``the State Developmental Disabilities Council described
in section 124 of the Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6024)'' and inserting ``the State
Council on Developmental Disabilities established under section 125
of the Developmental Disabilities Assistance and Bill of Rights Act
of 2000''.
(B) Sections 202(h)(2)(D)(iii) and 401(a)(5)(A) of the
Rehabilitation Act of 1973 (29 U.S.C. 762(h)(2)(D)(iii),
781(a)(5)(A)) are amended by striking ``Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)'' and
inserting ``Developmental Disabilities Assistance and Bill of
Rights Act of 2000''.
(C) Subsections (a)(1)(B)(i), (f)(2), and (m)(1) of section 509
of the Rehabilitation Act of 1973 (29 U.S.C. 794e) are amended by
striking ``part C of the Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6041 et seq.)'' and inserting
``subtitle C of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000''.
(D) Section 509(f)(5)(B) of the Rehabilitation Act of 1973 (29
U.S.C. 794e(f)(5)(B)) is amended by striking ``Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et
seq.)'' and inserting ``Developmental Disabilities Assistance and
Bill of Rights Act of 2000''.
(4) Assistive technology act of 1998.--(A) Section 3(a)(11)(A)
of the Assistive Technology Act of 1998 (29 U.S.C. 3002(a)(11)(A))
is amended by striking ``part C of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)'' and
inserting ``subtitle C of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000''.
(B) Paragraphs (1) and (2) of section 102(a) of the Assistive
Technology Act of 1998 (29 U.S.C. 3012(a)) are amended by striking
``Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6000 et seq.)'' and inserting ``Developmental Disabilities
Assistance and Bill of Rights Act of 2000''.
(5) Health programs extension act of 1973.--Section 401(e) of
the Health Programs Extension Act of 1973 (42 U.S.C. 300a-7(e)) is
amended by striking ``or the'' and all that follows through ``may
deny'' and inserting ``or the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 may deny''.
(6) Social security act.--(A) Section 1919(c)(2)(B)(iii)(III)
of the Social Security Act (42 U.S.C. 1396r(c)(2)(B)(iii)(III)) is
amended by striking ``part C of the Developmental Disabilities
Assistance and Bill of Rights Act'' and inserting ``subtitle C of
the Developmental Disabilities Assistance and Bill of Rights Act of
2000''.
(B) Section 1930(d)(7) of the Social Security Act (42 U.S.C.
1396u(d)(7)) is amended by striking ``State Planning Council
established under section 124 of the Developmental Disabilities
Assistance and Bill of Rights Act, and the Protection and Advocacy
System established under section 142 of such Act'' and inserting
``State Council on Developmental Disabilities established under
section 125 of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 and the protection and advocacy system
established under subtitle C of that Act''.
(7) United states housing act of 1937.--Section 3(b)(3)(E)(iii)
of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(3)(E)(iii)) is amended by striking ``developmental
disability'' and all that follows and inserting ``developmental
disability as defined in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000.''.
(8) Housing act of 1949.--The third sentence of section
501(b)(3) of the Housing Act of 1949 (42 U.S.C. 1471(b)(3)) is
amended by striking ``developmental disability'' and all that
follows and inserting ``developmental disability as defined in
section 102 of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000.''.
(9) Older americans act of 1965.--(A) Section 203(b)(17) of the
Older Americans Act of 1965 (42 U.S.C. 3013(b)(17)) is amended by
striking ``Developmental Disabilities and Bill of Rights Act'' and
inserting ``Developmental Disabilities Assistance and Bill of
Rights Act of 2000''.
(B) Section 427(a) of the Older Americans Act of 1965 (42
U.S.C. 3035f(a)) is amended by striking ``part A of the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6001 et seq.)'' and inserting ``subtitle C of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000''.
(C) Section 429F(a)(1) of the Older Americans Act of 1965 (42
U.S.C. 3035n(a)(1)) is amended by striking ``section 102(5) of the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6001(5))'' and inserting ``section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000''.
(D) Section 712(h)(6)(A) of the Older Americans Act of 1965 (42
U.S.C. 3058g(h)(6)(A)) is amended by striking ``part A of the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6001 et seq.)'' and inserting ``subtitle C of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000''.
(10) Crime victims with disabilities awareness act.--Section 3
of the Crime Victims With Disabilities Awareness Act (42 U.S.C.
3732 note) is amended by striking ``term'' and all that follows and
inserting the following ``term in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000.''.
(11) Cranston-gonzalez national affordable housing act.--The
third sentence of section 811(k)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(k)(2)) is amended
by striking ``as defined'' and all that follows and inserting ``as
defined in section 102 of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000.''.
(12) State dependent care development grants act.--Section
670G(3) of the State Dependent Care Development Grants Act (42
U.S.C. 9877(3)) is amended by striking ``section 102(7) of the
Developmental Disabilities Assistance and Bill of Rights Act'' and
inserting ``section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000''.
(13) Protection and advocacy for mentally ill individuals act
of 1986.--(A) Section 102(2) of the Protection and Advocacy for
Mentally Ill Individuals Act of 1986 (42 U.S.C. 10802(2)) is
amended by striking ``part C of the Developmental Disabilities
Assistance and Bill of Rights Act'' and inserting ``subtitle C of
the Developmental Disabilities Assistance and Bill of Rights Act of
2000''.
(B) Section 114 of the Protection and Advocacy for Mentally Ill
Individuals Act of 1986 (42 U.S.C. 10824) is amended by striking
``section 107(c) of the Developmental Disabilities Assistance and
Bill of Rights Act'' and inserting ``section 105 of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000''.
(14) Stewart b. mckinney homeless assistance act.--Section
422(2)(C) of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11382(2)(C)) is amended by striking ``as defined'' and all
that follows and inserting ``as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000, or''.
(15) Assisted suicide funding restriction act of 1997.--(A)
Section 4 of the Assisted Suicide Funding Restriction Act of 1997
(42 U.S.C. 14403) is amended--
(i) by striking the section heading and inserting the
following:
``SEC. 4. RESTRICTION ON USE OF FEDERAL FUNDS UNDER CERTAIN GRANT
PROGRAMS.'';
and
(ii) by striking ``part B, D, or E of the Developmental
Disabilities Assistance and Bill of Rights Act'' and inserting
``subtitle B, D, or E of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000''.
(B) Section 5(b)(1) of the Assisted Suicide Funding Restriction
Act of 1997 (42 U.S.C. 14404(b)(1)) is amended by striking
subparagraph (A) and inserting the following:
``(A) Protection and advocacy systems under the
developmental disabilities assistance and bill of rights act of
2000.--Subtitle C of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.