[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.