    [Congressional Bills 106th Congress]
    [From the U.S. Government Publishing Office]
    [S. 1809 Reported in Senate (RS)]

                                                           Calendar No. 387

    106th CONGRESS

      1st Session

                                    S. 1809

    _______________________________________________________________________

                                     A BILL

         To improve service systems for individuals with developmental
                     disabilities, and for other purposes.

    _______________________________________________________________________

                                November 4, 1999

                           Reported with an amendment
                                                           Calendar No. 387
    106th CONGRESS
      1st Session
                                    S. 1809

         To improve service systems for individuals with developmental
                     disabilities, and for other purposes.

    _______________________________________________________________________

                       IN THE SENATE OF THE UNITED STATES

                                October 27, 1999

      Mr. Jeffords (for himself, Mr. Kennedy, Mr. Harkin, Mr. Frist, Ms.
     Collins, Mr. Wellstone, Mr. Reed, Mr. Dodd, Mrs. Murray and Mr. Enzi)
    introduced the following bill; which was read twice and referred to the
              Committee on Health, Education, Labor, and Pensions

                                November 4, 1999

                  Reported by Mr. Jeffords, with an amendment
     [Strike out all after the enacting clause and insert the part printed
                                   in italic]

    _______________________________________________________________________

                                     A BILL

         To improve service systems for individuals with developmental
                     disabilities, and for other purposes.

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

    <DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

    <DELETED>    (a) Short Title.--This Act may be cited as the
    ``Developmental Disabilities Assistance and Bill of Rights Act of
    1999''.</DELETED>
    <DELETED>    (b) Table of Contents.--The table of contents of this Act
    is as follows:</DELETED>

    <DELETED>Sec. 1. Short title; table of contents.
         <DELETED>TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL
                                  DISABILITIES

                    <DELETED>Subtitle A--General Provisions

    <DELETED>Sec. 101. Findings, purposes, and policy.
    <DELETED>Sec. 102. Definitions.
    <DELETED>Sec. 103. Records and audits.
    <DELETED>Sec. 104. Responsibilities of the Secretary.
    <DELETED>Sec. 105. Reports of the Secretary.
    <DELETED>Sec. 106. State control of operations.
    <DELETED>Sec. 107. Employment of individuals with disabilities.
    <DELETED>Sec. 108. Construction.
    <DELETED>Sec. 109. Rights of individuals with developmental
                                disabilities.
         <DELETED>Subtitle B--Federal Assistance to State Councils on
                           Developmental Disabilities

    <DELETED>Sec. 121. Purpose.
    <DELETED>Sec. 122. State allotments.
    <DELETED>Sec. 123. Payments to the States for planning, administration,
                                and services.
    <DELETED>Sec. 124. State plan.
    <DELETED>Sec. 125. State Councils on Developmental Disabilities and
                                designated State agencies.
    <DELETED>Sec. 126. Federal and non-Federal share.
    <DELETED>Sec. 127. Withholding of payments for planning,
                                administration, and services.
    <DELETED>Sec. 128. Appeals by States.
    <DELETED>Sec. 129. Authorization of appropriations.
       <DELETED>Subtitle C--Protection and Advocacy of Individual Rights

    <DELETED>Sec. 141. Purpose.
    <DELETED>Sec. 142. Allotments and payments.
    <DELETED>Sec. 143. System required.
    <DELETED>Sec. 144. Administration.
    <DELETED>Sec. 145. Authorization of appropriations.
        <DELETED>Subtitle D--National Network of University Centers for
       Excellence in Developmental Disabilities Education, Research, and
                                    Service

    <DELETED>Sec. 151. Grant authority.
    <DELETED>Sec. 152. Grant awards.
    <DELETED>Sec. 153. Purpose and scope of activities.
    <DELETED>Sec. 154. Applications.
    <DELETED>Sec. 155. Definition.
    <DELETED>Sec. 156. Authorization of appropriations.
             <DELETED>Subtitle E--Projects of National Significance

    <DELETED>Sec. 161. Purpose.
    <DELETED>Sec. 162. Grant authority.
    <DELETED>Sec. 163. Authorization of appropriations.
                       <DELETED>TITLE II--FAMILY SUPPORT

    <DELETED>Sec. 201. Short title.
    <DELETED>Sec. 202. Findings, purposes, and policy.
    <DELETED>Sec. 203. Definitions and special rule.
    <DELETED>Sec. 204. Grants to States.
    <DELETED>Sec. 205. Application.
    <DELETED>Sec. 206. Designation of the lead entity.
    <DELETED>Sec. 207. Authorized activities.
    <DELETED>Sec. 208. Reporting.
    <DELETED>Sec. 209. Technical assistance.
    <DELETED>Sec. 210. Evaluation.
    <DELETED>Sec. 211. Projects of national significance.
    <DELETED>Sec. 212. Authorization of appropriations.
       <DELETED>TITLE III--PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST
                  INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

    <DELETED>Sec. 301. Findings.
    <DELETED>Sec. 302. Definitions.
    <DELETED>Sec. 303. Reaching up scholarship program.
    <DELETED>Sec. 304. Staff development curriculum authorization.
    <DELETED>Sec. 305. Authorization of appropriations.
                           <DELETED>TITLE IV--REPEAL

    <DELETED>Sec. 401. Repeal.

         <DELETED>TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL
                             DISABILITIES</DELETED>

               <DELETED>Subtitle A--General Provisions</DELETED>

    <DELETED>SEC. 101. FINDINGS, PURPOSES, AND POLICY.</DELETED>

    <DELETED>    (a) Findings.--Congress finds that--</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (2) in 1999, there are 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;</DELETED>
            <DELETED>    (3) individuals whose disabilities occur during
            their developmental period frequently have severe disabilities
            that are likely to continue indefinitely;</DELETED>
            <DELETED>    (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);</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (10) current research indicates that 88 percent of
            individuals with developmental disabilities live with their
            families or in their own households;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (12) in almost every State, individuals with
            developmental disabilities are waiting for appropriate services
            in their communities, in the areas of emphasis;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (15) there needs to be greater effort to recruit
            individuals from minority backgrounds into professions serving
            individuals with developmental disabilities and their
            families;</DELETED>
            <DELETED>    (16) the goals of the Nation properly include a
            goal of providing individuals with developmental disabilities
            with the information, skills, opportunities, and support to--
            </DELETED>
                    <DELETED>    (A) make informed choices and decisions
                    about their lives;</DELETED>
                    <DELETED>    (B) live in homes and communities in which
                    such individuals can exercise their full rights and
                    responsibilities as citizens;</DELETED>
                    <DELETED>    (C) pursue meaningful and productive
                    lives;</DELETED>
                    <DELETED>    (D) contribute to their families,
                    communities, and States, and the Nation;</DELETED>
                    <DELETED>    (E) have interdependent friendships and
                    relationships with other persons;</DELETED>
                    <DELETED>    (F) live free of abuse, neglect, financial
                    and sexual exploitation, and violations of their legal
                    and human rights; and</DELETED>
                    <DELETED>    (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</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (1) State Councils on Developmental Disabilities
            in each State to engage in advocacy, capacity building, and
            systemic change activities that--</DELETED>
                    <DELETED>    (A) are consistent with the purpose
                    described in this subsection and the policy described
                    in subsection (c); and</DELETED>
                    <DELETED>    (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;</DELETED>
            <DELETED>    (2) protection and advocacy systems in each State
            to protect the legal and human rights of individuals with
            developmental disabilities;</DELETED>
            <DELETED>    (3) University Centers for Excellence in
            Developmental Disabilities Education, Research, and Service--
            </DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (B) to provide community services--
                    </DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (ii) that may provide services,
                            supports, and assistance for the persons
                            described in clause (i) through demonstration
                            and model activities;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (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</DELETED>
            <DELETED>    (4) funding for--</DELETED>
                    <DELETED>    (A) national initiatives to collect
                    necessary data on issues that are directly or
                    indirectly relevant to the lives of individuals with
                    developmental disabilities;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (C) other nationally significant
                    activities.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (4) services, supports, and other assistance
            should be provided in a manner that demonstrates respect for
            individual dignity, personal preferences, and cultural
            differences;</DELETED>
            <DELETED>    (5) specific efforts must be made to ensure that
            individuals 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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (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.</DELETED>

    <DELETED>SEC. 102. DEFINITIONS.</DELETED>

    <DELETED>    In this title:</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (B) purchasing, leasing, or otherwise
                    providing for the acquisition of an assistive
                    technology device by an individual with a developmental
                    disability;</DELETED>
                    <DELETED>    (C) selecting, designing, fitting,
                    customizing, adapting, applying, maintaining, repairing
                    or replacing an assistive technology device;</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (5) Center.--The term ``Center'' means a
            University Center for Excellence in Developmental Disabilities
            Education, Research, and Service established under subtitle
            D.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (8) Developmental disability.--</DELETED>
                    <DELETED>    (A) In general.--The term ``developmental
                    disability'' means a severe, chronic disability of an
                    individual that--</DELETED>
                            <DELETED>    (i) is attributable to a mental or
                            physical impairment or combination of mental
                            and physical impairments;</DELETED>
                            <DELETED>    (ii) is manifested before the
                            individual attains age 22;</DELETED>
                            <DELETED>    (iii) is likely to continue
                            indefinitely;</DELETED>
                            <DELETED>    (iv) results in substantial
                            functional limitations in 3 or more of the
                            following areas of major life
                            activity:</DELETED>
                                    <DELETED>    (I) Self-care.</DELETED>
                                    <DELETED>    (II) Receptive and
                                    expressive language.</DELETED>
                                    <DELETED>    (III) Learning.</DELETED>
                                    <DELETED>    (IV) Mobility.</DELETED>
                                    <DELETED>    (V) Self-
                                    direction.</DELETED>
                                    <DELETED>    (VI) Capacity for
                                    independent living.</DELETED>
                                    <DELETED>    (VII) Economic self-
                                    sufficiency; and</DELETED>
                            <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (A) the development of the individuals to
                    maximize their potential; and</DELETED>
                    <DELETED>    (B) the capacity of families to meet the
                    special needs of the individuals.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (12) Family support services.--</DELETED>
                    <DELETED>    (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--
                    </DELETED>
                            <DELETED>    (i) strengthen the family's role
                            as primary caregiver;</DELETED>
                            <DELETED>    (ii) prevent inappropriate out-of-
                            the-home placement of the members and maintain
                            family unity; and</DELETED>
                            <DELETED>    (iii) reunite families with
                            members who have been placed out of the home
                            whenever possible.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (A) have friendships and relationships
                    with individuals and families of their own
                    choice;</DELETED>
                    <DELETED>    (B) live in homes close to community
                    resources, with regular contact with individuals
                    without disabilities in their communities;</DELETED>
                    <DELETED>    (C) enjoy full access to and active
                    participation in the same community activities and
                    types of employment as individuals without
                    disabilities; and</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (16) Individualized supports.--The term
            ``individualized supports'' means supports that--</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (B) are designed to--</DELETED>
                            <DELETED>    (i) enable such individual to
                            control such individual's environment,
                            permitting the most independent life
                            possible;</DELETED>
                            <DELETED>    (ii) prevent placement into a more
                            restrictive living arrangement than is
                            necessary; and</DELETED>
                            <DELETED>    (iii) enable such individual to
                            live, learn, work, and enjoy life in the
                            community; and</DELETED>
                    <DELETED>    (C) include--</DELETED>
                            <DELETED>    (i) early intervention
                            services;</DELETED>
                            <DELETED>    (ii) respite care;</DELETED>
                            <DELETED>    (iii) personal assistance
                            services;</DELETED>
                            <DELETED>    (iv) family support
                            services;</DELETED>
                            <DELETED>    (v) supported employment
                            services;</DELETED>
                            <DELETED>    (vi) support services for families
                            headed by aging caregivers of individuals with
                            developmental disabilities; and</DELETED>
                            <DELETED>    (vii) provision of rehabilitation
                            technology and assistive technology, and
                            assistive technology services.</DELETED>
            <DELETED>    (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
            citizens.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (A) eliminate or reduce the factors that
                    cause or predispose individuals to developmental
                    disabilities or that increase the prevalence of
                    developmental disabilities;</DELETED>
                    <DELETED>    (B) increase the early identification of
                    problems to eliminate circumstances that create or
                    increase functional limitations; and</DELETED>
                    <DELETED>    (C) mitigate against the effects of
                    developmental disabilities throughout the lifespan of
                    an individual.</DELETED>
            <DELETED>    (21) Productivity.--The term ``productivity''
            means--</DELETED>
                    <DELETED>    (A) engagement in income-producing work
                    that is measured by increased income, improved
                    employment status, or job advancement; or</DELETED>
                    <DELETED>    (B) engagement in work that contributes to
                    a household or community.</DELETED>
            <DELETED>    (22) Protection and advocacy system.--The term
            ``protection and advocacy system'' means a protection and
            advocacy system established in accordance with section
            143.</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (A) include monitoring of services,
                    supports, and assistance provided to an individual with
                    developmental disabilities that ensures that the
                    individual--</DELETED>
                            <DELETED>    (i) will not experience abuse,
                            neglect, sexual or financial exploitation, or
                            violation of legal or human rights;
                            and</DELETED>
                            <DELETED>    (ii) will not be subject to the
                            inappropriate use of restraints or
                            seclusion;</DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (i) will not experience abuse,
                            neglect, sexual or financial exploitation, or
                            violation of legal or human rights;
                            and</DELETED>
                            <DELETED>    (ii) will not be subject to the
                            inappropriate use of restraints or seclusion;
                            or</DELETED>
                    <DELETED>    (C) includes 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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (26) Secretary.--The term ``Secretary'' means the
            Secretary of Health and Human Services.</DELETED>
            <DELETED>    (27) Self-determination activities.--The term
            ``self-determination activities'' means activities that result
            in individuals with developmental disabilities, with
            appropriate assistance, having--</DELETED>
                    <DELETED>    (A) the ability and opportunity to
                    communicate and make personal decisions;</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (C) the authority to control resources to
                    obtain needed services, supports, and other
                    assistance;</DELETED>
                    <DELETED>    (D) opportunities to participate in, and
                    contribute to, their communities; and</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (29) State council on developmental
            disabilities.--The term ``State Council on Developmental
            Disabilities'' means a Council established under section
            125.</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (A)(i) for whom competitive employment has
                    not traditionally occurred; or</DELETED>
                    <DELETED>    (ii) for whom competitive employment has
                    been interrupted or intermittent as a result of
                    significant disabilities; and</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>

    <DELETED>SEC. 103. RECORDS AND AUDITS.</DELETED>

    <DELETED>    (a) Records.--Each recipient of assistance under this
    title shall keep such records as the Secretary shall prescribe,
    including--</DELETED>
            <DELETED>    (1) records that fully disclose--</DELETED>
                    <DELETED>    (A) the amount and disposition by such
                    recipient of the assistance;</DELETED>
                    <DELETED>    (B) the total cost of the project or
                    undertaking in connection with which such assistance is
                    given or used; and</DELETED>
                    <DELETED>    (C) the amount of that portion of the cost
                    of the project or undertaking that is supplied by other
                    sources; and</DELETED>
            <DELETED>    (2) such other records as will facilitate an
            effective audit.</DELETED>
    <DELETED>    (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.</DELETED>

    <DELETED>SEC. 104. RESPONSIBILITIES OF THE SECRETARY.</DELETED>

    <DELETED>    (a) Program Accountability.--</DELETED>
            <DELETED>    (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,
            2000.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (3) Indicators of progress.--</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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).</DELETED>
                    <DELETED>    (C) Final indicators.--Not later than
                    October 1, 2000, 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.</DELETED>
                    <DELETED>    (D) Specific measures.--At a minimum, the
                    indicators of progress shall be used to describe and
                    measure--</DELETED>
                            <DELETED>    (i) the satisfaction of
                            individuals with developmental disabilities
                            with the advocacy, capacity building, and
                            systemic change activities provided under
                            subtitles B, C, and D;</DELETED>
                            <DELETED>    (ii) the extent to which the
                            advocacy, capacity building, and systemic
                            change activities provided through subtitles B,
                            C, and D result in improvements in--</DELETED>
                                    <DELETED>    (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;</DELETED>
                                    <DELETED>    (II) the ability of
                                    individuals with developmental
                                    disabilities to participate in the full
                                    range of community life with persons of
                                    the individuals' choice; and</DELETED>
                                    <DELETED>    (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</DELETED>
                            <DELETED>    (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).</DELETED>
            <DELETED>    (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 2001 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, 2000.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (c) Interagency Committee.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (2) Composition.--The interagency committee shall
            be composed of representatives of--</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (B) such other Federal departments and
                    agencies as the Secretary of Health and Human Services
                    considers to be appropriate.</DELETED>
            <DELETED>    (3) Duties.--Such interagency committee shall meet
            regularly to coordinate and plan activities conducted by
            Federal departments and agencies for persons with developmental
            disabilities.</DELETED>
            <DELETED>    (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.</DELETED>

    <DELETED>SEC. 105. REPORTS OF THE SECRETARY.</DELETED>

    <DELETED>    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--
    </DELETED>
            <DELETED>    (1) meaningful examples of how the councils,
            protection and advocacy systems, centers, and entities funded
            under subtitles B, C, D, and E, respectively--</DELETED>
                    <DELETED>    (A) have undertaken coordinated activities
                    with each other;</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (D) have brought about advocacy, capacity
                    building, and systemic change activities that affect
                    individuals with disabilities other than individuals
                    with developmental disabilities;</DELETED>
            <DELETED>    (2) information on the extent to which programs
            authorized under this title have addressed--</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (B) reports of deaths of and serious
                    injuries to individuals with developmental
                    disabilities; and</DELETED>
            <DELETED>    (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.</DELETED>

    <DELETED>SEC. 106. STATE CONTROL OF OPERATIONS.</DELETED>

    <DELETED>    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.</DELETED>

    <DELETED>SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH
                  DISABILITIES.</DELETED>

    <DELETED>    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.</DELETED>

    <DELETED>SEC. 108. CONSTRUCTION.</DELETED>

    <DELETED>    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.</DELETED>

    <DELETED>SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL
                  DISABILITIES.</DELETED>

    <DELETED>    (a) In General.--Congress makes the following findings
    respecting the rights of individuals with developmental
    disabilities:</DELETED>
            <DELETED>    (1) Individuals with developmental disabilities
            have a right to appropriate treatment, services, and
            habilitation for such disabilities, consistent with section
            101(c).</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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--
            </DELETED>
                    <DELETED>    (A) provide treatment, services, and
                    habilitation that are appropriate to the needs of such
                    individuals; and</DELETED>
                    <DELETED>    (B) meet minimum standards relating to--
                    </DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (ii) provision to such individuals
                            of appropriate and sufficient medical and
                            dental services;</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (v) provision for close relatives
                            or guardians of such individuals to visit the
                            individuals without prior notice.</DELETED>
            <DELETED>    (4) All programs for individuals with
            developmental disabilities should meet standards--</DELETED>
                    <DELETED>    (A) that are designed to assure the most
                    favorable possible outcome for those served;
                    and</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (ii) in the case of other residential
                    programs for individuals with developmental
                    disabilities, that assure that--</DELETED>
                            <DELETED>    (I) care is appropriate to the
                            needs of the individuals being served by such
                            programs;</DELETED>
                            <DELETED>    (II) the individuals admitted to
                            facilities of such programs are individuals
                            whose needs can be met through services
                            provided by such facilities; and</DELETED>
                            <DELETED>    (III) the facilities of such
                            programs provide for the humane care of the
                            residents of the facilities, are sanitary, and
                            protect their rights; and</DELETED>
                    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>

         <DELETED>Subtitle B--Federal Assistance to State Councils on
                      Developmental Disabilities</DELETED>

    <DELETED>SEC. 121. PURPOSE.</DELETED>

    <DELETED>    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--
    </DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (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.</DELETED>

    <DELETED>SEC. 122. STATE ALLOTMENTS.</DELETED>

    <DELETED>    (a) Allotments.--</DELETED>
            <DELETED>    (1) In general.--</DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (i) the population;</DELETED>
                            <DELETED>    (ii) the extent of need for
                            services for individuals with developmental
                            disabilities; and</DELETED>
                            <DELETED>    (iii) the financial
                            need,</DELETED>
                    <DELETED>of the respective States.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (3) Minimum allotment for appropriations less than
            or equal to $70,000,000.--</DELETED>
                    <DELETED>    (A) In general.--Except as provided in
                    paragraph (4), for any fiscal year the allotment under
                    this section--</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (ii) to any State not described in
                            clause (i) may not be less than
                            $400,000.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (4) Minimum allotment for appropriations in excess
            of $70,000,000.--</DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (ii) to any State not described in
                            clause (i) may not be less than
                            $450,000.</DELETED>
                    <DELETED>    (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).</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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--
            </DELETED>
                    <DELETED>    (A) the total amount appropriated under
                    section 129 for the fiscal year for which the increase
                    in the minimum allotment is being made; minus</DELETED>
                    <DELETED>    (B) the total amount appropriated under
                    section 129 (or a corresponding provision) for the
                    immediately preceding fiscal year,</DELETED>
            <DELETED>bears to the total amount appropriated under section
            129 (or a corresponding provision) for such preceding fiscal
            year.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (e) Reallotments.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (4) Reallotment of reductions.--The Secretary
            shall similarly reallot the total of the reductions among the
            States whose proportionate amounts were not so
            reduced.</DELETED>
            <DELETED>    (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.</DELETED>

    <DELETED>SEC. 123. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION,
                  AND SERVICES.</DELETED>

    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>

    <DELETED>SEC. 124. STATE PLAN.</DELETED>

    <DELETED>    (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.</DELETED>
    <DELETED>    (b) Planning Cycle.--The plan described in subsection (a)
    shall be updated as appropriate during the 5-year period.</DELETED>
    <DELETED>    (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:</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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'').</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (ii) job training, job placement,
                            worksite accommodation, and vocational
                            rehabilitation, and other work assistance
                            programs; and</DELETED>
                            <DELETED>    (iii) social, child welfare,
                            aging, independent living, and rehabilitation
                            and assistive technology services, and such
                            other services as the Secretary may
                            specify;</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (iii) the barriers that impede
                            full participation of members of unserved and
                            underserved groups of individuals with
                            developmental disabilities and their
                            families;</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (v) the numbers of individuals
                            with developmental disabilities on waiting
                            lists for services described in this
                            subparagraph;</DELETED>
                            <DELETED>    (vi) a description of the adequacy
                            of current resources and projected availability
                            of future resources to fund services described
                            in this subparagraph;</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (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;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (4) Plan goals.--The plan shall focus on Council
            efforts to bring about the purpose of this subtitle, by--
            </DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (i) are derived from the unmet
                            needs of individuals with developmental
                            disabilities and their families identified
                            under paragraph (3); and</DELETED>
                            <DELETED>    (ii) include a goal, for each year
                            of the grant, to--</DELETED>
                                    <DELETED>    (I) establish or
                                    strengthen a program for the direct
                                    funding of a State self-advocacy
                                    organization led by individuals with
                                    developmental disabilities;</DELETED>
                                    <DELETED>    (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</DELETED>
                                    <DELETED>    (III) support and expand
                                    participation of individuals with
                                    developmental disabilities in cross-
                                    disability and culturally diverse
                                    leadership coalitions; and</DELETED>
                    <DELETED>    (B) for each year of the grant,
                    describing--</DELETED>
                            <DELETED>    (i) the goals to be achieved
                            through the grant, which, beginning in fiscal
                            year 2001, shall be consistent with applicable
                            indicators of progress described in section
                            104(a)(3);</DELETED>
                            <DELETED>    (ii) the strategies to be used in
                            achieving each goal; and</DELETED>
                            <DELETED>    (iii) the method to be used to
                            determine if each goal has been
                            achieved.</DELETED>
            <DELETED>    (5) Assurances.--</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (B) Use of funds.--With respect to the
                    funds paid to the State under section 122, the plan
                    shall provide assurances that--</DELETED>
                            <DELETED>    (i) not less than 70 percent of
                            such funds will be expended for activities
                            related to the goals described in paragraph
                            (4);</DELETED>
                            <DELETED>    (ii) such funds will contribute to
                            the achievement of the purpose of this subtitle
                            in various political subdivisions of the
                            State;</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (v) part of such funds will be
                            made available by the State to public or
                            private entities;</DELETED>
                            <DELETED>    (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
                            </DELETED>\<DELETED>1/2</DELETED>\ <DELETED>(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</DELETED>
                            <DELETED>    (vii) not more than 20 percent of
                            such funds will be allocated to the designated
                            State agency for service demonstrations by such
                            agency that--</DELETED>
                                    <DELETED>    (I) contribute to the
                                    achievement of the purpose of this
                                    subtitle; and</DELETED>
                                    <DELETED>    (II) are explicitly
                                    authorized by the Council.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.).</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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).</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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).</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
    <DELETED>    (d) Public Input and Review, Submission, and Approval.--
    </DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>

    <DELETED>SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABILITIES AND
                  DESIGNATED STATE AGENCIES.</DELETED>

    <DELETED>    (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).</DELETED>
    <DELETED>    (b) Council Membership.--</DELETED>
            <DELETED>    (1) Council appointments.--</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (3) Representation of individuals with
            developmental disabilities.--Not less than 60 percent of the
            membership of each Council shall consist of individuals who
            are--</DELETED>
                    <DELETED>    (A)(i) individuals with developmental
                    disabilities;</DELETED>
                    <DELETED>    (ii) parents or guardians of children with
                    developmental disabilities; or</DELETED>
                    <DELETED>    (iii) immediate relatives or guardians of
                    adults with mentally impairing developmental
                    disabilities who cannot advocate for themselves;
                    and</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (4) Representation of agencies and
            organizations.--</DELETED>
                    <DELETED>    (A) In general.--Each Council shall
                    include--</DELETED>
                            <DELETED>    (i) representatives of relevant
                            State entities, including--</DELETED>
                                    <DELETED>    (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.);</DELETED>
                                    <DELETED>    (II) Centers in the State;
                                    and</DELETED>
                                    <DELETED>    (III) the State protection
                                    and advocacy system; and</DELETED>
                            <DELETED>    (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.</DELETED>
                    <DELETED>    (B) Authority and limitations.--The
                    representatives described in subparagraph (A) shall--
                    </DELETED>
                            <DELETED>    (i) have sufficient authority to
                            engage in policy planning and implementation on
                            behalf of the department, agency, or program
                            such representatives represent; and</DELETED>
                            <DELETED>    (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).</DELETED>
            <DELETED>    (5) Composition of membership with developmental
            disabilities.--Of the members of the Council described in
            paragraph (3)--</DELETED>
                    <DELETED>    (A) </DELETED>\<DELETED>1/3</DELETED>\
                    <DELETED>shall be individuals with developmental
                    disabilities described in paragraph
                    (3)(A)(i);</DELETED>
                    <DELETED>    (B) </DELETED>\<DELETED>1/3</DELETED>\
                    <DELETED>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</DELETED>
                    <DELETED>    (C) </DELETED>\<DELETED>1/3</DELETED>\
                    <DELETED>shall be a combination of individuals
                    described in paragraph (3)(A).</DELETED>
            <DELETED>    (6) Institutionalized individuals.--</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (B) Limitation.--Subparagraph (A) shall
                    not apply with respect to a State if such an individual
                    does not reside in that State.</DELETED>
    <DELETED>    (c) Council Responsibilities.--</DELETED>
            <DELETED>    (1) In general.--A Council, through Council
            members, staff, consultants, contractors, or subgrantees, shall
            have the responsibilities described in paragraphs (2) through
            (10).</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (3) Examination of goals.--At the end of each
            grant year, each Council shall--</DELETED>
                    <DELETED>    (A) determine the extent to which each
                    goal of the Council was achieved for that
                    year;</DELETED>
                    <DELETED>    (B) determine to the extent that each goal
                    was not achieved, the factors that impeded the
                    achievement;</DELETED>
                    <DELETED>    (C) determine needs that require amendment
                    of the 5-year strategic State plan required under
                    section 124;</DELETED>
                    <DELETED>    (D) separately determine the information
                    on the self-advocacy goal described in section
                    124(c)(4)(A)(ii); and</DELETED>
                    <DELETED>    (E) determine customer satisfaction with
                    Council supported or conducted activities.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (5) State plan implementation.--</DELETED>
                    <DELETED>    (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).</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (i) by encouraging local networks
                            to provide informal and formal
                            supports;</DELETED>
                            <DELETED>    (ii) through education;
                            and</DELETED>
                            <DELETED>    (iii) by enabling neighborhoods
                            and communities to offer such individuals and
                            their families access to and use of services,
                            resources, and opportunities.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (G) Coordination with related councils,
                    committees, and programs.--The Council may support and
                    conduct activities to enhance coordination of services
                    with--</DELETED>
                            <DELETED>    (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);</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (iii) other groups interested in
                            advocacy, capacity building, and systemic
                            change activities to benefit individuals with
                            disabilities.</DELETED>
                    <DELETED>    (H) Barrier elimination, systems design
                    and redesign.--The Council may support and conduct
                    activities to eliminate barriers to assess and use of
                    community services by individuals with developmental
                    disabilities, enhance systems design and redesign, and
                    enhance citizen participation to address issues
                    identified in the State plan.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (K) Demonstration of new approaches to
                    services and supports.--</DELETED>
                            <DELETED>    (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.</DELETED>
                            <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (7) Reports.--Beginning in fiscal year 2001, 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--</DELETED>
                    <DELETED>    (A) a description of the extent to which
                    the goals were achieved;</DELETED>
                    <DELETED>    (B) a description of the strategies that
                    contributed to achieving the goals;</DELETED>
                    <DELETED>    (C) to the extent to which the goals were
                    not achieved, a description of factors that impeded the
                    achievement;</DELETED>
                    <DELETED>    (D) separate information on the self-
                    advocacy goal described in section
                    124(c)(4)(A)(ii);</DELETED>
                    <DELETED>    (E)(i) as appropriate, an update on the
                    results of the comprehensive review and analysis
                    described in section 124(c)(3); and</DELETED>
                    <DELETED>    (ii) information on consumer satisfaction
                    with Council supported or conducted
                    activities;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (G) an accounting of the manner in which
                    funds paid to the State under this subtitle for a
                    fiscal year were expended;</DELETED>
                    <DELETED>    (H) a description of--</DELETED>
                            <DELETED>    (i) resources made available to
                            carry out activities to assist individuals with
                            developmental disabilities that are directly
                            attributable to Council actions; and</DELETED>
                            <DELETED>    (ii) resources made available for
                            such activities that are undertaken by the
                            Council in collaboration with other entities;
                            and</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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--
            </DELETED>
                    <DELETED>    (A)(i) conducting such hearings and forums
                    as the Council may determine to be necessary to carry
                    out the duties of the Council; and</DELETED>
                    <DELETED>    (ii) as determined in Council policy--
                    </DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (III) supporting Council member
                            and staff travel to authorized training and
                            technical assistance activities including in-
                            service training and leadership development
                            activities; and</DELETED>
                            <DELETED>    (IV) carrying out appropriate
                            subcontracting activities;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.).</DELETED>
    <DELETED>    (d) Designated State Agency.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (2) Designation.--</DELETED>
                    <DELETED>    (A) Type of agency.--Except as provided in
                    this subsection, the designated State agency shall be--
                    </DELETED>
                            <DELETED>    (i) the Council if such Council
                            may be the designated State agency under the
                            laws of the State;</DELETED>
                            <DELETED>    (ii) a State agency that does not
                            provide or pay for services for individuals
                            with developmental disabilities; or</DELETED>
                            <DELETED>    (iii) a State office, including
                            the immediate office of the Governor of the
                            State or a State planning office.</DELETED>
                    <DELETED>    (B) Conditions for continuation of state
                    service agency designation.--</DELETED>
                            <DELETED>    (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.</DELETED>
                            <DELETED>    (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--
                            </DELETED>
                                    <DELETED>    (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</DELETED>
                                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (3) Responsibilities.--</DELETED>
                    <DELETED>    (A) In general.--The designated State
                    agency shall, on behalf of the State, have the
                    responsibilities described in subparagraphs (B) through
                    (G).</DELETED>
                    <DELETED>    (B) Support services.--The designated
                    State agency shall provide required assurances and
                    support services as requested by and negotiated with
                    the Council.</DELETED>
                    <DELETED>    (C) Fiscal responsibilities.--The
                    designated State agency shall--</DELETED>
                            <DELETED>    (i) receive, account for, and
                            disburse funds under this subtitle based on the
                            State plan required in section 124;
                            and</DELETED>
                            <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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).</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (4) Use of funds for designated state agency
            responsibilities.--</DELETED>
                    <DELETED>    (A) Condition for federal funding.--
                    </DELETED>
                            <DELETED>    (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.</DELETED>
                            <DELETED>    (ii) Exception.--Clause (i) shall
                            not apply in a year in which the Council is the
                            designated State agency.</DELETED>
                    <DELETED>    (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.</DELETED>

    <DELETED>SEC. 126. FEDERAL AND NON-FEDERAL SHARE.</DELETED>

    <DELETED>    (a) Aggregate Cost.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (1) any portion of such cost that is financed by
            Federal funds provided under any provision of law other than
            section 122; and</DELETED>
            <DELETED>    (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).</DELETED>
    <DELETED>    (c) Non-Federal Share.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (2) Contributions of political subdivisions and
            public or private entities.--</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>

    <DELETED>SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING,
                  ADMINISTRATION, AND SERVICES.</DELETED>

    <DELETED>    Whenever the Secretary, after providing reasonable notice
    and an opportunity for a hearing to the Council and the designated
    State agency, finds that--</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (2) the Council or agency has failed to comply
            substantially with any regulations of the Secretary that are
            applicable to this subtitle,</DELETED>
    <DELETED>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.</DELETED>

    <DELETED>SEC. 128. APPEALS BY STATES.</DELETED>

    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>

    <DELETED>SEC. 129. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

    <DELETED>    (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 2000 and such sums as may
    be necessary for each of fiscal years 2001 through 2006.</DELETED>
    <DELETED>    (b) Reservation for Technical Assistance.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>

          <DELETED>Subtitle C--Protection and Advocacy of Individual
                                Rights</DELETED>

    <DELETED>SEC. 141. PURPOSE.</DELETED>

    <DELETED>    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.</DELETED>

    <DELETED>SEC. 142. ALLOTMENTS AND PAYMENTS.</DELETED>

    <DELETED>    (a) Allotments.--</DELETED>
            <DELETED>    (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).</DELETED>
            <DELETED>    (2) Minimum allotments.--In any case in which--
            </DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (ii) to any State not described in
                            clause (i) may not be less than $200,000;
                            and</DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (ii) to any State not described in
                            clause (i) may not be less than
                            $150,000.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (A) the total amount appropriated under
                    section 145 for the fiscal year for which the increase
                    in the minimum allotment is being made; minus</DELETED>
                    <DELETED>    (B) the total amount appropriated under
                    section 145 (or a corresponding provision) for the
                    immediately preceding fiscal year,</DELETED>
            <DELETED>bears to the total amount appropriated under section
            145 (or a corresponding provision) for such preceding fiscal
            year.</DELETED>
            <DELETED>    (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).</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (B) provide a grant in accordance with
                    section 143(b), and in an amount described in section
                    142(a)(2)(A)(i), to an American Indian consortium to
                    provide protection and advocacy services.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>

    <DELETED>SEC. 143. SYSTEM REQUIRED.</DELETED>

    <DELETED>    (a) System Required.--In order for a State to receive an
    allotment under subtitle B or this subtitle--</DELETED>
            <DELETED>    (1) the State shall have in effect a system to
            protect and advocate the rights of individuals with
            developmental disabilities;</DELETED>
            <DELETED>    (2) such system shall--</DELETED>
                    <DELETED>    (A) have the authority to--</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (ii) provide information on and
                            referral to programs and services addressing
                            the needs of individuals with developmental
                            disabilities;</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (i) the goals and priorities
                            established by the system and the rationale for
                            the establishment of such goals; and</DELETED>
                            <DELETED>    (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);</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (F) not be administered by the State
                    Council on Developmental Disabilities;</DELETED>
                    <DELETED>    (G) be independent of any agency that
                    provides treatment, services, or habilitation to
                    individuals with developmental disabilities;</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (I) have access to all records of--
                    </DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (ii) any individual with a
                            developmental disability, in a situation in
                            which--</DELETED>
                                    <DELETED>    (I) the individual, by
                                    reason of such individual's mental or
                                    physical condition, is unable to
                                    authorize the system to have such
                                    access;</DELETED>
                                    <DELETED>    (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</DELETED>
                                    <DELETED>    (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</DELETED>
                            <DELETED>    (iii) any individual with a
                            developmental disability, in a situation in
                            which--</DELETED>
                                    <DELETED>    (I) the individual has a
                                    legal guardian, conservator, or other
                                    legal representative;</DELETED>
                                    <DELETED>    (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;</DELETED>
                                    <DELETED>    (III) such representative
                                    has been contacted by such system, upon
                                    receipt of the name and address of such
                                    representative;</DELETED>
                                    <DELETED>    (IV) such system has
                                    offered assistance to such
                                    representative to resolve the
                                    situation; and</DELETED>
                                    <DELETED>    (V) such representative
                                    has failed or refused to act on behalf
                                    of the individual;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (II) in any case of death of an
                            individual with a developmental
                            disability;</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (L) have the authority to educate
                    policymakers; and</DELETED>
                    <DELETED>    (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;</DELETED>
            <DELETED>    (3) to the extent that information is available,
            the State shall provide to the system--</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (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</DELETED>
            <DELETED>    (4) the agency implementing the system will not be
            redesignated unless--</DELETED>
                    <DELETED>    (A) there is good cause for the
                    redesignation;</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (D) the system has an opportunity to
                    appeal the redesignation to the Secretary, on the basis
                    that the redesignation was not for good
                    cause.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (c) Record.--In this section, the term ``record''
    includes--</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (3) a discharge planning record.</DELETED>

    <DELETED>SEC. 144. ADMINISTRATION.</DELETED>

    <DELETED>    (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--
    </DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (B) a majority of the members of the board shall
            be--</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (ii) parents, family members, guardians,
                    advocates, or authorized representatives of individuals
                    referred to in clause (i); and</DELETED>
            <DELETED>    (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);</DELETED>
            <DELETED>    (2) not more than </DELETED>\<DELETED>1/
            3</DELETED>\ <DELETED>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;</DELETED>
            <DELETED>    (3) the membership of the governing board shall be
            subject to term limits set by the system to ensure rotating
            membership;</DELETED>
            <DELETED>    (4) any vacancy in the board shall be filled not
            later than 60 days after the date on which the vacancy occurs;
            and</DELETED>
            <DELETED>    (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--
            </DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (B) on which a majority of the members
                    shall be--</DELETED>
                            <DELETED>    (i) individuals with developmental
                            disabilities who are eligible for services, or
                            have received or are receiving services,
                            through the system; or</DELETED>
                            <DELETED>    (ii) parents, family members,
                            guardians, advocates, or authorized
                            representatives of individuals referred to in
                            clause (i).</DELETED>
    <DELETED>    (b) Legal Action.--</DELETED>
            <DELETED>    (1) In general.--Nothing in this Act 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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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).</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (e) Reports.--Beginning in fiscal year 2001, 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.</DELETED>

    <DELETED>SEC. 145. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

    <DELETED>    For allotments under section 142, there are authorized to
    be appropriated $32,000,000 for fiscal year 2000 and such sums as may
    be necessary for each of fiscal years 2001 through 2006.</DELETED>

        <DELETED>Subtitle D--National Network of University Centers for
       Excellence in Developmental Disabilities Education, Research, and
                               Service</DELETED>

    <DELETED>SEC. 151. GRANT AUTHORITY.</DELETED>

    <DELETED>    (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).</DELETED>
    <DELETED>    (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).</DELETED>
    <DELETED>    (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).</DELETED>

    <DELETED>SEC. 152. GRANT AWARDS.</DELETED>

    <DELETED>    (a) Existing Centers.--</DELETED>
            <DELETED>    (1) In general.--In awarding and distributing
            grant funds under section 151(a) for a fiscal year (including
            amounts distributed pursuant to section 153(a)(3)), 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).</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (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).</DELETED>
    <DELETED>    (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).</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (1) population;</DELETED>
            <DELETED>    (2) a high concentration of rural or urban areas;
            or</DELETED>
            <DELETED>    (3) a high concentration of unserved or
            underserved populations.</DELETED>

    <DELETED>SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES.</DELETED>

    <DELETED>    (a) National Network of University Centers for Excellence
    in Developmental Disabilities Education, Research, and Service.--
    </DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (2) Core functions.--The core functions referred
            to in paragraph (1) shall include the following:</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (B) Provision of community services--
                    </DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (ii) that may provide services,
                            supports, and assistance for the persons
                            described in clause (i) through demonstration
                            and model activities.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
    <DELETED>    (b) National Training Initiatives on Critical and Emerging
    Needs.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (3) convene experts from multiple Centers to
            discuss and make recommendations with regard to national
            emerging needs of individuals with developmental
            disabilities;</DELETED>
            <DELETED>    (4)(A) develop portals that link users with every
            Center's website; and</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (6) undertake any other functions that the
            Secretary determines to be appropriate;</DELETED>
    <DELETED>to promote the viability and use of the resources and
    expertise of the Centers nationally and internationally.</DELETED>

    <DELETED>SEC. 154. APPLICATIONS.</DELETED>

    <DELETED>    (a) Applications for Core Center Grants.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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).</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (A) meet regulatory standards as
                    established by the Secretary for Centers;</DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (i) are developed in collaboration
                            with the consumer advisory committee
                            established pursuant to subparagraph
                            (E);</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (iii) will be reviewed and revised
                            annually as necessary to address emerging
                            trends and needs;</DELETED>
                    <DELETED>    (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);</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (E) establish a consumer advisory
                    committee--</DELETED>
                            <DELETED>    (i) of which a majority of the
                            members shall be individuals with developmental
                            disabilities and family members of such
                            individuals;</DELETED>
                            <DELETED>    (ii) that is comprised of--
                            </DELETED>
                                    <DELETED>    (I) individuals with
                                    developmental disabilities and related
                                    disabilities;</DELETED>
                                    <DELETED>    (II) family members of
                                    individuals with developmental
                                    disabilities;</DELETED>
                                    <DELETED>    (III) a representative of
                                    the State protection and advocacy
                                    system;</DELETED>
                                    <DELETED>    (IV) a representative of
                                    the State Council on Developmental
                                    Disabilities;</DELETED>
                                    <DELETED>    (V) a representative of a
                                    self-advocacy organization described in
                                    section 124(c)(4)(A)(ii)(I);
                                    and</DELETED>
                                    <DELETED>    (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;</DELETED>
                            <DELETED>    (iii) that reflects the racial and
                            ethnic diversity of the State; and</DELETED>
                            <DELETED>    (iv) that shall--</DELETED>
                                    <DELETED>    (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</DELETED>
                                    <DELETED>    (II) meet as often as
                                    necessary to carry out the role of the
                                    committee, but at a minimum twice
                                    during each grant year;</DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (ii) allocate adequate staff time to carry
                    out activities related to each of the core functions
                    described in section 153(a); and</DELETED>
                    <DELETED>    (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.</DELETED>
    <DELETED>    (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).</DELETED>
    <DELETED>    (c) Peer Review.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (2) Establishment of peer review groups.--
            </DELETED>
                    <DELETED>    (A) In general.--The Secretary, acting
                    through the Commissioner of the Administration on
                    Developmental Disabilities, may, notwithstanding--
                    </DELETED>
                            <DELETED>    (i) the provisions of title 5,
                            United States Code, concerning appointments to
                            the competitive service; and</DELETED>
                            <DELETED>    (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;</DELETED>
                    <DELETED>establish such peer review groups and appoint
                    and set the rates of pay of members of such
                    groups.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (d) Federal Share.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (e) Annual Report.--Each Center shall annually prepare and
    transmit to the Secretary a report containing--</DELETED>
            <DELETED>    (1) information on progress made in achieving the
            projected goals of the Center for the previous year,
            including--</DELETED>
                    <DELETED>    (A) the extent to which the goals were
                    achieved;</DELETED>
                    <DELETED>    (B) a description of the strategies that
                    contributed to achieving the goals;</DELETED>
                    <DELETED>    (C) to the extent to which the goals were
                    not achieved, a description of factors that impeded the
                    achievement; and</DELETED>
                    <DELETED>    (D) an accounting of the manner in which
                    funds paid to the Center under this subtitle for a
                    fiscal year were expended;</DELETED>
            <DELETED>    (2) information on proposed revisions to the
            goals; and</DELETED>
            <DELETED>    (3) a description of successful efforts to
            leverage funds, other than funds made available under this
            subtitle, to pursue goals consistent with this
            subtitle.</DELETED>

    <DELETED>SEC. 155. DEFINITION.</DELETED>

    <DELETED>    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.</DELETED>

    <DELETED>SEC. 156. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

    <DELETED>    (a) Authorization and Reservations.--</DELETED>
            <DELETED>    (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 2000 and such sums as
            may be necessary for each of fiscal years 2001 through
            2006.</DELETED>
            <DELETED>    (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).</DELETED>
            <DELETED>    (3) Reservation for technical assistance.--
            </DELETED>
                    <DELETED>    (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)).</DELETED>
                    <DELETED>    (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)).</DELETED>
                    <DELETED>    (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.</DELETED>
    <DELETED>    (b) Limitation.--The Secretary may not use, for peer
    review or other activities directly related to peer review conducted
    under this subtitle--</DELETED>
            <DELETED>    (1) for fiscal year 2000, more than $300,000 of
            the funds made available under subsection (a); and</DELETED>
            <DELETED>    (2) for any succeeding fiscal year, more than the
            amount of funds used for the peer review and related activities
            in fiscal year 2000, 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).</DELETED>

        <DELETED>Subtitle E--Projects of National Significance</DELETED>

    <DELETED>SEC. 161. PURPOSE.</DELETED>

    <DELETED>    The purpose of this subtitle is to provide grants,
    contracts, or cooperative agreements for projects of national
    significance that--</DELETED>
            <DELETED>    (1) create opportunities for individuals with
            developmental disabilities to directly and fully contribute to,
            and participate in, all facets of community life; and</DELETED>
            <DELETED>    (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--
            </DELETED>
                    <DELETED>    (A) family support activities;</DELETED>
                    <DELETED>    (B) data collection and
                    analysis;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (D) other projects of sufficient size and
                    scope that hold promise to expand or improve
                    opportunities for such individuals, including--
                    </DELETED>
                            <DELETED>    (i) projects that provide
                            technical assistance for the development of
                            information and referral systems;</DELETED>
                            <DELETED>    (ii) projects that provide
                            technical assistance to self-advocacy
                            organizations of individuals with developmental
                            disabilities;</DELETED>
                            <DELETED>    (iii) projects that provide
                            education for policymakers;</DELETED>
                            <DELETED>    (iv) Federal interagency
                            initiatives;</DELETED>
                            <DELETED>    (v) projects that enhance the
                            participation of racial and ethnic minorities
                            in public and private sector initiatives in
                            developmental disabilities;</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (viii) initiatives that address
                            the needs of aging individuals with
                            developmental disabilities and aging caregivers
                            of adults with developmental disabilities in
                            the community;</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (x) initiatives that create access
                            to increased living options;</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (xii) initiatives that address
                            other areas of emerging need.</DELETED>

    <DELETED>SEC. 162. GRANT AUTHORITY.</DELETED>

    <DELETED>    (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).</DELETED>
    <DELETED>    (b) Federal Interagency Initiatives.--</DELETED>
            <DELETED>    (1) In general.--</DELETED>
                    <DELETED>    (A) Authority.--The Secretary may--
                    </DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (ii) transfer to such agencies for
                            such purposes funds appropriated under this
                            subtitle, and receive and use funds from such
                            agencies for such purposes.</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (C) Procedures and criteria.--If the
                    Secretary enters into an agreement under this
                    subsection for the administration of a jointly funded
                    project--</DELETED>
                            <DELETED>    (i) the agreement shall specify
                            which agency's procedures shall be used to
                            award grants, contracts, or cooperative
                            agreements and to administer such
                            awards;</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>

    <DELETED>SEC. 163. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

    <DELETED>    (a) In General.--There are authorized to be appropriated
    to carry out the projects specified in this section $16,000,000 for
    fiscal year 2000, and such sums as may be necessary for fiscal years
    2001 through 2006.</DELETED>
    <DELETED>    (b) Use of Funds.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (c) Technical Assistance for Councils and Centers.--
    </DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (2) Covered year.--In this subsection, the term
            ``covered year'' means--</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (3) References.--References in this subsection to
            subtitle D shall not be considered to include section
            153(c)(4).</DELETED>
    <DELETED>    (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).</DELETED>
    <DELETED>    (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).</DELETED>

                  <DELETED>TITLE II--FAMILY SUPPORT</DELETED>

    <DELETED>SEC. 201. SHORT TITLE.</DELETED>

    <DELETED>    This title may be cited as the ``Families of Children With
    Disabilities Support Act of 1999''.</DELETED>

    <DELETED>SEC. 202. FINDINGS, PURPOSES, AND POLICY.</DELETED>

    <DELETED>    (a) Findings.--Congress makes the following
    findings:</DELETED>
            <DELETED>    (1) It is in the best interest of our Nation to
            preserve, strengthen, and maintain the family.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (6) The goals of the Nation properly include the
            goal of providing to families of children with disabilities the
            family support services necessary--</DELETED>
                    <DELETED>    (A) to support the family;</DELETED>
                    <DELETED>    (B) to enable families of children with
                    disabilities to nurture and enjoy their children at
                    home;</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (D) to support family caregivers of adults
                    with disabilities.</DELETED>
    <DELETED>    (b) Purposes.--The purposes of this title are--</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (2) to promote leadership by families in planning,
            policy development, implementation, and evaluation of family
            support services for families of children with
            disabilities;</DELETED>
            <DELETED>    (3) to promote and develop interagency
            coordination and collaboration between agencies responsible for
            providing the services; and</DELETED>
            <DELETED>    (4) to increase the availability of, funding for,
            access to, and provision of family support services for
            families of children with disabilities.</DELETED>
    <DELETED>    (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.</DELETED>

    <DELETED>SEC. 203. DEFINITIONS AND SPECIAL RULE.</DELETED>

    <DELETED>    (a) Definitions.--In this title:</DELETED>
            <DELETED>    (1) Child with a disability.--The term ``child
            with a disability'' means an individual who--</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (2) Family.--</DELETED>
                    <DELETED>    (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.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (A) support families in the efforts of
                    such families to raise their children with disabilities
                    in the home;</DELETED>
                    <DELETED>    (B) strengthen the role of the family as
                    primary caregiver for such children;</DELETED>
                    <DELETED>    (C) prevent involuntary out-of-the-home
                    placement of such children and maintain family unity;
                    and</DELETED>
                    <DELETED>    (D) reunite families with children with
                    disabilities who have been placed out of the home,
                    whenever possible.</DELETED>
            <DELETED>    (4) 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.</DELETED>
            <DELETED>    (5) Systems change activities.--The term ``systems
            change activities'' means efforts that result in laws,
            regulations, policies, practices, or organizational
            structures--</DELETED>
                    <DELETED>    (A) that are family-centered and family-
                    directed;</DELETED>
                    <DELETED>    (B) that facilitate and increase access
                    to, provision of, and funding for, family support
                    services for families of children with disabilities;
                    and</DELETED>
                    <DELETED>    (C) that otherwise accomplish the purposes
                    of this title.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (1) has a significant impairment described in
            subsection (a)(1)(A); and</DELETED>
            <DELETED>    (2) is residing with and receiving assistance from
            a family member.</DELETED>

    <DELETED>SEC. 204. GRANTS TO STATES.</DELETED>

    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (c) Amount of Grants.--</DELETED>
            <DELETED>    (1) Grants to states.--</DELETED>
                    <DELETED>    (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--</DELETED>
                            <DELETED>    (i) not more than equal to 75
                            percent of the cost of the systems change
                            activities to be carried out by the State;
                            and</DELETED>
                            <DELETED>    (ii) not less than $100,000 and
                            not more than $500,000.</DELETED>
                    <DELETED>    (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.</DELETED>
            <DELETED>    (2) Calculation of amounts.--The Secretary shall
            calculate a grant amount described in paragraph (1) on the
            basis of the following:</DELETED>
                    <DELETED>    (A) The amounts available for making
                    grants under this section.</DELETED>
                    <DELETED>    (B) The child population of the State
                    concerned.</DELETED>
    <DELETED>    (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 making grants under this
    section, shall give priority to States that received grants under this
    section during the preceding fiscal year.</DELETED>
    <DELETED>    (e) Priorities for Distribution.--To the extent
    practicable, the Secretary shall award grants to States under this
    section in a manner that--</DELETED>
            <DELETED>    (1) is geographically equitable;</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (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).</DELETED>

    <DELETED>SEC. 205. APPLICATION.</DELETED>

    <DELETED>    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.</DELETED>

    <DELETED>SEC. 206. DESIGNATION OF THE LEAD ENTITY.</DELETED>

    <DELETED>    (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--</DELETED>
            <DELETED>    (1) submitting the application described in
            section 205 on behalf of the State;</DELETED>
            <DELETED>    (2) administering and supervising the use of the
            amounts made available under the grant;</DELETED>
            <DELETED>    (3) coordinating efforts related to and
            supervising the preparation of the application;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (6) submitting the report described in section 208
            on behalf of the State.</DELETED>
    <DELETED>    (b) Qualifications.--In designating the lead entity, the
    Chief Executive Officer may designate--</DELETED>
            <DELETED>    (1) an office of the Chief Executive
            Officer;</DELETED>
            <DELETED>    (2) a commission appointed by the Chief Executive
            Officer;</DELETED>
            <DELETED>    (3) a public agency;</DELETED>
            <DELETED>    (4) a council established under Federal or State
            law; or</DELETED>
            <DELETED>    (5) another appropriate office, agency, or
            entity.</DELETED>

    <DELETED>SEC. 207. AUTHORIZED ACTIVITIES.</DELETED>

    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>

    <DELETED>SEC. 208. REPORTING.</DELETED>

    <DELETED>    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.</DELETED>

    <DELETED>SEC. 209. TECHNICAL ASSISTANCE.</DELETED>

    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>

    <DELETED>SEC. 210. EVALUATION.</DELETED>

    <DELETED>    (a) In General.--The Secretary shall conduct a national
    evaluation of the program of grants to States authorized by this
    title.</DELETED>
    <DELETED>    (b) Purpose.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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--
            </DELETED>
                    <DELETED>    (A) families of children with
                    disabilities, including families from unserved and
                    underserved populations;</DELETED>
                    <DELETED>    (B) access to and funding for family
                    support services for families of children with
                    disabilities;</DELETED>
                    <DELETED>    (C) interagency coordination and
                    collaboration between agencies responsible for
                    providing the services; and</DELETED>
                    <DELETED>    (D) the involvement of families of
                    children with disabilities at all levels of the
                    statewide systems.</DELETED>
    <DELETED>    (c) Report to Congress.--Not later than
    2</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>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.</DELETED>

    <DELETED>SEC. 211. PROJECTS OF NATIONAL SIGNIFICANCE.</DELETED>

    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>

    <DELETED>SEC. 212. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

    <DELETED>    (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 2000 through 2006.</DELETED>
    <DELETED>    (b) Reservation.--</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (A) section 209 (relating to the provision
                    of technical assistance and information to States);
                    and</DELETED>
                    <DELETED>    (B) section 210 (relating to the conduct
                    of evaluations).</DELETED>
            <DELETED>    (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.</DELETED>

       <DELETED>TITLE III--PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST
             INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES</DELETED>

    <DELETED>SEC. 301. FINDINGS.</DELETED>

    <DELETED>    Congress finds that--</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (2) 4 factors have contributed to a decrease in
            the available pool of direct support workers, specifically--
            </DELETED>
                    <DELETED>    (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;</DELETED>
                    <DELETED>    (B) the rapid expansion of the service
                    sector, which attracts individuals who previously would
                    have elected to pursue employment as direct support
                    workers;</DELETED>
                    <DELETED>    (C) the failure of wages in the human
                    services sector to keep pace with wages in other
                    service sectors; and</DELETED>
                    <DELETED>    (D) the lack of quality training and
                    career advancement opportunities available to direct
                    support workers; and</DELETED>
            <DELETED>    (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.</DELETED>

    <DELETED>SEC. 302. DEFINITIONS.</DELETED>

    <DELETED>    In this title:</DELETED>
            <DELETED>    (1) Developmental disability.--The term
            ``developmental disability'' has the meaning given the term in
            section 102.</DELETED>
            <DELETED>    (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).</DELETED>
            <DELETED>    (3) Secretary.--The term ``Secretary'' means the
            Secretary of Health and Human Services.</DELETED>

    <DELETED>SEC. 303. REACHING UP SCHOLARSHIP PROGRAM.</DELETED>

    <DELETED>    (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.</DELETED>
    <DELETED>    (b) Eligible Entity.--To be eligible to receive a grant
    under this section, an entity shall be--</DELETED>
            <DELETED>    (1) an institution of higher education;</DELETED>
            <DELETED>    (2) a State agency; or</DELETED>
            <DELETED>    (3) a consortium of such institutions or
            agencies.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (1) the basis for awarding the vouchers;</DELETED>
            <DELETED>    (2) the number of individuals to receive the
            vouchers; and</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (1) specifies that each individual who receives a
            voucher through the program will be an individual who--
            </DELETED>
                    <DELETED>    (A) is a direct support worker who assists
                    individuals with developmental disabilities residing in
                    diverse settings, while pursuing postsecondary
                    education; and</DELETED>
                    <DELETED>    (B) verifies, prior to receiving the
                    voucher, that the worker has completed 250 hours as a
                    direct support worker in the past 90 days;</DELETED>
            <DELETED>    (2) states that the vouchers that will be provided
            through the program will be in amounts of not more than $2,000
            per year;</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (4) meets such other conditions as the Secretary
            may specify.</DELETED>
    <DELETED>    (e) Federal Share.--The Federal share of the cost of
    providing the vouchers shall be not more than 80 percent.</DELETED>

    <DELETED>SEC. 304. STAFF DEVELOPMENT CURRICULUM
                  AUTHORIZATION.</DELETED>

    <DELETED>    (a) Funding.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (2) Participants.--The curriculum shall be
            provided to individuals who--</DELETED>
                    <DELETED>    (A) seek to become direct support workers
                    who assist individuals with developmental disabilities
                    or are such direct support workers; and</DELETED>
                    <DELETED>    (B) seek to upgrade their skills and
                    competencies related to being a direct support
                    worker.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (1) a comprehensive analysis of the content of
            direct support roles;</DELETED>
            <DELETED>    (2) information identifying an advisory group
            that--</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (B) will advise the entity throughout the
                    development, evaluation, and dissemination of the staff
                    development curriculum and guidelines;</DELETED>
            <DELETED>    (3) information describing how the entity will--
            </DELETED>
                    <DELETED>    (A) develop, field test, and validate a
                    staff development curriculum that--</DELETED>
                            <DELETED>    (i) relates to the appropriate
                            reading level for direct service workers who
                            assist individuals with disabilities;</DELETED>
                            <DELETED>    (ii) allows for multiple levels of
                            instruction;</DELETED>
                            <DELETED>    (iii) provides instruction
                            appropriate for direct support workers who work
                            in diverse settings; and</DELETED>
                            <DELETED>    (iv) is consistent with
                            subsections (b) and (c) of section 101 and
                            section 109;</DELETED>
                    <DELETED>    (B) develop, field test, and validate
                    guidelines for the organizations that use the
                    curriculum that provide for--</DELETED>
                            <DELETED>    (i) providing necessary technical
                            and instructional support to trainers and
                            mentors for the participants;</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (iii) evaluating the proficiency
                            of the participants with respect to the content
                            of the curriculum;</DELETED>
                            <DELETED>    (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;</DELETED>
                            <DELETED>    (v) providing necessary technical
                            and instructional support to trainers and
                            mentors for the participants in conjunction
                            with the development, testing, and validation
                            process;</DELETED>
                            <DELETED>    (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</DELETED>
                            <DELETED>    (vii) developing methods to
                            maintain a record of the instruction completed,
                            and the content mastered, by each participant
                            under the curriculum; and</DELETED>
                    <DELETED>    (C) nationally disseminate the curriculum
                    and guidelines, including dissemination through--
                    </DELETED>
                            <DELETED>    (i) parent training and
                            information centers funded under part D of the
                            Individuals with Disabilities Education Act (20
                            U.S.C. 1451 et seq.);</DELETED>
                            <DELETED>    (ii) community-based organizations
                            of and for individuals with developmental
                            disabilities and their families;</DELETED>
                            <DELETED>    (iii) entities funded under title
                            I;</DELETED>
                            <DELETED>    (iv) centers for independent
                            living;</DELETED>
                            <DELETED>    (v) State educational agencies and
                            local educational agencies;</DELETED>
                            <DELETED>    (vi) entities operating
                            appropriate medical facilities;</DELETED>
                            <DELETED>    (vii) postsecondary education
                            entities; and</DELETED>
                            <DELETED>    (viii) other appropriate entities;
                            and</DELETED>
            <DELETED>    (4) such other information as the Secretary may
            require.</DELETED>

    <DELETED>SEC. 305. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

    <DELETED>    (a) Scholarships.--There are authorized to be appropriated
    to carry out section 303 $800,000 for fiscal year 2000 and such sums as
    may be necessary for fiscal years 2001 through 2006.</DELETED>
    <DELETED>    (b) Staff Development Curriculum.--There are authorized to
    be appropriated to carry out section 304 $800,000 for fiscal year 2000
    and such sums as may be necessary for each of fiscal years 2001 and
    2002.</DELETED>

                      <DELETED>TITLE IV--REPEAL</DELETED>

    <DELETED>SEC. 401. REPEAL.</DELETED>

    <DELETED>    The Developmental Disabilities Assistance and Bill of
    Rights Act (42 U.S.C. 6000 et seq.) is repealed.</DELETED>

    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 1999''.
        (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 are 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, 2000.
                (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,
                    2000, 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 2001 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, 2000.
        (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 2001,
                            shall be consistent with applicable indicators
                            of progress described in section 104(a)(3);
                                (ii) the strategies to be used in achieving
                            each goal; and
                                (iii) the method to be used to determine if
                            each goal has been achieved.
                (5) Assurances.--
                        (A) In general.--The plan shall contain or be
                    supported by assurances and information described in
                    subparagraphs (B) through (N) that are satisfactory to
                    the Secretary.
                        (B) Use of funds.--With respect to the funds paid
                    to the State under section 122, the plan shall provide
                    assurances that--
                                (i) not less than 70 percent of such funds
                            will be expended for activities related to the
                            goals described in paragraph (4);
                                (ii) such funds will contribute to the
                            achievement of the purpose of this subtitle in
                            various political subdivisions of the State;
                                (iii) such funds will be used to
                            supplement, and not supplant, the non-Federal
                            funds that would otherwise be made available
                            for the purposes for which the funds paid under
                            section 122 are provided;
                                (iv) such funds will be used to complement
                            and augment rather than duplicate or replace
                            services for individuals with developmental
                            disabilities and their families who are
                            eligible for Federal assistance under other
                            State programs;
                                (v) part of such funds will be made
                            available by the State to public or private
                            entities;
                                (vi) at the request of any State, a portion
                            of such funds provided to such State under this
                            subtitle for any fiscal year shall be available
                            to pay up to \1/2\ (or the entire amount if the
                            Council is the designated State agency) of the
                            expenditures found to be necessary by the
                            Secretary for the proper and efficient exercise
                            of the functions of the designated State
                            agency, except that not more than 5 percent of
                            such funds provided to such State for any
                            fiscal year, or $50,000, whichever is less,
                            shall be made available for total expenditures
                            for such purpose by the designated State
                            agency; and
                                (vii) not more than 20 percent of such
                            funds will be allocated to the designated State
                            agency for service demonstrations by such
                            agency that--
                                        (I) contribute to the achievement
                                    of the purpose of this subtitle; and
                                        (II) are explicitly authorized by
                                    the Council.
                        (C) State financial participation.--The plan shall
                    provide assurances that there will be reasonable State
                    financial participation in the cost of carrying out the
                    plan.
                        (D) Conflict of interest.--The plan shall provide
                    an assurance that no member of such Council will cast a
                    vote on any matter that would provide direct financial
                    benefit to the member or otherwise give the appearance
                    of a conflict of interest.
                        (E) Urban and rural poverty areas.--The plan shall
                    provide assurances that special financial and technical
                    assistance will be given to organizations that provide
                    community services, individualized supports, and other
                    forms of assistance to individuals with developmental
                    disabilities who live in areas designated as urban or
                    rural poverty areas.
                        (F) Program accessibility standards.--The plan
                    shall provide assurances that programs, projects, and
                    activities funded under the plan, and the buildings in
                    which such programs, projects, and activities are
                    operated, will meet standards prescribed by the
                    Secretary in regulations and all applicable Federal and
                    State accessibility standards, including accessibility
                    requirements of the Americans with Disabilities Act of
                    1990 (42 U.S.C. 12101 et seq.), section 508 of the
                    Rehabilitation Act of 1973 (29 U.S.C. 794d), and the
                    Fair Housing Act (42 U.S.C. 3601 et seq.).
                        (G) Individualized services.--The plan shall
                    provide assurances that any direct services provided to
                    individuals with developmental disabilities and funded
                    under the plan will be provided in an individualized
                    manner, consistent with the unique strengths,
                    resources, priorities, concerns, abilities, and
                    capabilities of such individual.
                        (H) Human rights.--The plan shall provide
                    assurances that the human rights of the individuals
                    with developmental disabilities (especially individuals
                    without familial protection) who are receiving services
                    under programs assisted under this subtitle will be
                    protected consistent with section 109 (relating to
                    rights of individuals with developmental disabilities).
                        (I) Minority participation.--The plan shall provide
                    assurances that the State has taken affirmative steps
                    to assure that participation in programs funded under
                    this subtitle is geographically representative of the
                    State, and reflects the diversity of the State with
                    respect to race and ethnicity.
                        (J) Employee protections.--The plan shall provide
                    assurances that fair and equitable arrangements (as
                    determined by the Secretary after consultation with the
                    Secretary of Labor) will be provided to protect the
                    interests of employees affected by actions taken under
                    the plan to provide community living activities,
                    including arrangements designed to preserve employee
                    rights and benefits and provide training and retraining
                    of such employees where necessary, and arrangements
                    under which maximum efforts will be made to guarantee
                    the employment of such employees.
                        (K) Staff assignments.--The plan shall provide
                    assurances that the staff and other personnel of the
                    Council, while working for the Council, will be
                    responsible solely for assisting the Council in
                    carrying out the duties of the Council under this
                    subtitle and will not be assigned duties by the
                    designated State agency, or any other agency, office,
                    or entity of the State.
                        (L) Noninterference.--The plan shall provide
                    assurances that the designated State agency, and any
                    other agency, office, or entity of the State, will not
                    interfere with the advocacy, capacity building, and
                    systemic change activities, budget, personnel, State
                    plan development, or plan implementation of the
                    Council, except that the designated State agency shall
                    have the authority necessary to carry out the
                    responsibilities described in section 125(d)(3).
                        (M) State quality assurance.--The plan shall
                    provide assurances that the Council will participate in
                    the planning, design or redesign, and monitoring of
                    State quality assurance systems that affect individuals
                    with developmental disabilities.
                        (N) Other assurances.--The plan shall contain such
                    additional information and assurances as the Secretary
                    may find necessary to carry out the provisions
                    (including the purpose) of this subtitle.
        (d) Public Input and Review, Submission, and Approval.--
                (1) Public input and review.--The plan shall be based on
            public input. The Council shall make the plan available for
            public review and comment, after providing appropriate and
            sufficient notice in accessible formats of the opportunity for
            such review and comment. The Council shall revise the plan to
            take into account and respond to significant comments.
                (2) Consultation with the designated state agency.--Before
            the plan is submitted to the Secretary, the Council shall
            consult with the designated State agency to ensure that the
            State plan is consistent with State law and to obtain
            appropriate State plan assurances.
                (3) Plan approval.--The Secretary shall approve any State
            plan and, as appropriate, amendments of such plan that comply
            with the provisions of subsections (a), (b), and (c) and this
            subsection. The Secretary may take final action to disapprove a
            State plan after providing reasonable notice and an opportunity
            for a hearing to the State.

    SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABILITIES AND DESIGNATED
                  STATE AGENCIES.

        (a) In General.--Each State that receives assistance under this
    subtitle shall establish and maintain a Council to undertake advocacy,
    capacity building, and systemic change activities (consistent with
    subsections (b) and (c) of section 101) that contribute to a
    coordinated, consumer- and family-centered, consumer- and family-
    directed, comprehensive system of community services, individualized
    supports, and other forms of assistance that contribute to the
    achievement of the purpose of this subtitle. The Council shall have the
    authority to fulfill the responsibilities described in subsection (c).
        (b) Council Membership.--
                (1) Council appointments.--
                        (A) In general.--The members of the Council of a
                    State shall be appointed by the Governor of the State
                    from among the residents of that State.
                        (B) Recommendations.--The Governor shall select
                    members of the Council, at the discretion of the
                    Governor, after soliciting recommendations from
                    organizations representing a broad range of individuals
                    with developmental disabilities and individuals
                    interested in individuals with developmental
                    disabilities, including the non-State agency members of
                    the Council. The Council may, at the initiative of the
                    Council, or on the request of the Governor, coordinate
                    Council and public input to the Governor regarding all
                    recommendations.
                        (C) Representation.--The membership of the Council
                    shall be geographically representative of the State and
                    reflect the diversity of the State with respect to race
                    and ethnicity.
                (2) Membership rotation.--The Governor shall make
            appropriate provisions to rotate the membership of the Council.
            Such provisions shall allow members to continue to serve on the
            Council until such members' successors are appointed. The
            Council shall notify the Governor regarding membership
            requirements of the Council, and shall notify the Governor when
            vacancies on the Council remain unfilled for a significant
            period of time.
                (3) Representation of individuals with developmental
            disabilities.--Not less than 60 percent of the membership of
            each Council shall consist of individuals who are--
                        (A)(i) individuals with developmental disabilities;
                        (ii) parents or guardians of children with
                    developmental disabilities; or
                        (iii) immediate relatives or guardians of adults
                    with mentally impairing developmental disabilities who
                    cannot advocate for themselves; and
                        (B) not employees of a State agency that receives
                    funds or provides services under this subtitle, and who
                    are not managing employees (as defined in section
                    1126(b) of the Social Security Act (42 U.S.C. 1320a-
                    5(b)) of any other entity that receives funds or
                    provides services under this subtitle.
                (4) Representation of agencies and organizations.--
                        (A) In general.--Each Council shall include--
                                (i) representatives of relevant State
                            entities, including--
                                        (I) State entities that administer
                                    funds provided under Federal laws
                                    related to individuals with
                                    disabilities, including the
                                    Rehabilitation Act of 1973 (29 U.S.C.
                                    701 et seq.), the Individuals with
                                    Disabilities Education Act (20 U.S.C.
                                    1400 et seq.), the Older Americans Act
                                    of 1965 (42 U.S.C. 3001 et seq.), and
                                    titles V and XIX of the Social Security
                                    Act (42 U.S.C. 701 et seq. and 1396 et
                                    seq.);
                                        (II) Centers in the State; and
                                        (III) the State protection and
                                    advocacy system; and
                                        (ii) representatives, at all times,
                                    of local and nongovernmental agencies,
                                    and private nonprofit groups concerned
                                    with services for individuals with
                                    developmental disabilities in the State
                                    in which such agencies and groups are
                                    located.
                        (B) Authority and limitations.--The representatives
                    described in subparagraph (A) shall--
                                (i) have sufficient authority to engage in
                            policy planning and implementation on behalf of
                            the department, agency, or program such
                            representatives represent; and
                                (ii) recuse themselves from any discussion
                            of grants or contracts for which such
                            representatives' departments, agencies, or
                            programs are grantees, contractors, or
                            applicants and comply with the conflict of
                            interest assurance requirement under section
                            124(c)(5)(D).
                (5) Composition of membership with developmental
            disabilities.--Of the members of the Council described in
            paragraph (3)--
                        (A) \1/3\ shall be individuals with developmental
                    disabilities described in paragraph (3)(A)(i);
                        (B) \1/3\ shall be parents or guardians of children
                    with developmental disabilities described in paragraph
                    (3)(A)(ii), or immediate relatives or guardians of
                    adults with developmental disabilities described in
                    paragraph (3)(A)(iii); and
                        (C) \1/3\ shall be a combination of individuals
                    described in paragraph (3)(A).
                (6) Institutionalized individuals.--
                        (A) In general.--Of the members of the Council
                    described in paragraph (5), at least 1 shall be an
                    immediate relative or guardian of an individual with a
                    developmental disability who resides or previously
                    resided in an institution or shall be an individual
                    with a developmental disability who resides or
                    previously resided in an institution.
                        (B) Limitation.--Subparagraph (A) shall not apply
                    with respect to a State if such an individual does not
                    reside in that State.
        (c) Council Responsibilities.--
                (1) In general.--A Council, through Council members, staff,
            consultants, contractors, or subgrantees, shall have the
            responsibilities described in paragraphs (2) through (10).
                (2) Advocacy, capacity building, and systemic change
            activities.--The Council shall serve as an advocate for
            individuals with developmental disabilities and conduct or
            support programs, projects, and activities that carry out the
            purpose of this subtitle.
                (3) Examination of goals.--At the end of each grant year,
            each Council shall--
                        (A) determine the extent to which each goal of the
                    Council was achieved for that year;
                        (B) determine to the extent that each goal was not
                    achieved, the factors that impeded the achievement;
                        (C) determine needs that require amendment of the
                    5-year strategic State plan required under section 124;
                        (D) separately determine the information on the
                    self-advocacy goal described in section
                    124(c)(4)(A)(ii); and
                        (E) determine customer satisfaction with Council
                    supported or conducted activities.
                (4) State plan development.--The Council shall develop the
            State plan and submit the State plan to the Secretary after
            consultation with the designated State agency under the State
            plan. Such consultation shall be solely for the purposes of
            obtaining State assurances and ensuring consistency of the plan
            with State law.
                (5) State plan implementation.--
                        (A) In general.--The Council shall implement the
                    State plan by conducting and supporting advocacy,
                    capacity building, and systemic change activities such
                    as those described in subparagraphs (B) through (L).
                        (B) Outreach.--The Council may support and conduct
                    outreach activities to identify individuals with
                    developmental disabilities and their families who
                    otherwise might not come to the attention of the
                    Council and assist and enable the individuals and
                    families to obtain services, individualized supports,
                    and other forms of assistance, including access to
                    special adaptation of generic community services or
                    specialized services.
                        (C) Training.--The Council may support and conduct
                    training for persons who are individuals with
                    developmental disabilities, their families, and
                    personnel (including professionals, paraprofessionals,
                    students, volunteers, and other community members) to
                    enable such persons to obtain access to, or to provide,
                    community services, individualized supports, and other
                    forms of assistance, including special adaptation of
                    generic community services or specialized services for
                    individuals with developmental disabilities and their
                    families. To the extent that the Council supports or
                    conducts training activities under this subparagraph,
                    such activities shall contribute to the achievement of
                    the purpose of this subtitle.
                        (D) Technical assistance.--The Council may support
                    and conduct technical assistance activities to assist
                    public and private entities to contribute to the
                    achievement of the purpose of this subtitle.
                        (E) Supporting and educating communities.--The
                    Council may support and conduct activities to assist
                    neighborhoods and communities to respond positively to
                    individuals with developmental disabilities and their
                    families--
                                (i) by encouraging local networks to
                            provide informal and formal supports;
                                (ii) through education; and
                                (iii) by enabling neighborhoods and
                            communities to offer such individuals and their
                            families access to and use of services,
                            resources, and opportunities.
                        (F) Interagency collaboration and coordination.--
                    The Council may support and conduct activities to
                    promote interagency collaboration and coordination to
                    better serve, support, assist, or advocate for
                    individuals with developmental disabilities and their
                    families.
                        (G) Coordination with related councils, committees,
                    and programs.--The Council may support and conduct
                    activities to enhance coordination of services with--
                                (i) other councils, entities, or
                            committees, authorized by Federal or State law,
                            concerning individuals with disabilities (such
                            as the State interagency coordinating council
                            established under subtitle C of the Individuals
                            with Disabilities Education Act (20 U.S.C. 1431
                            et seq.), the State Rehabilitation Council and
                            the Statewide Independent Living Council
                            established under the Rehabilitation Act of
                            1973 (29 U.S.C. 701 et seq.), the State mental
                            health planning council established under
                            subtitle B of title XIX of the Public Health
                            Service Act (42 U.S.C. 300x-1 et seq.), and the
                            activities authorized under section 101 or 102
                            of the Assistive Technology Act of 1998 (29
                            U.S.C. 3011, 3012), and entities carrying out
                            other similar councils, entities, or
                            committees);
                                (ii) parent training and information
                            centers under part D of the Individuals with
                            Disabilities Education Act (20 U.S.C. 1451 et
                            seq.) and other entities carrying out federally
                            funded projects that assist parents of children
                            with disabilities; and
                                (iii) other groups interested in advocacy,
                            capacity building, and systemic change
                            activities to benefit individuals with
                            disabilities.
                        (H) Barrier elimination, systems design and
                    redesign.--The Council may support and conduct
                    activities to eliminate barriers to assess and use of
                    community services by individuals with developmental
                    disabilities, enhance systems design and redesign, and
                    enhance citizen participation to address issues
                    identified in the State plan.
                        (I) Coalition development and citizen
                    participation.--The Council may support and conduct
                    activities to educate the public about the
                    capabilities, preferences, and needs of individuals
                    with developmental disabilities and their families and
                    to develop and support coalitions that support the
                    policy agenda of the Council, including training in
                    self-advocacy, education of policymakers, and citizen
                    leadership skills.
                        (J) Informing policymakers.--The Council may
                    support and conduct activities to provide information
                    to policymakers by supporting and conducting studies
                    and analyses, gathering information, and developing and
                    disseminating model policies and procedures,
                    information, approaches, strategies, findings,
                    conclusions, and recommendations. The Council may
                    provide the information directly to Federal, State, and
                    local policymakers, including Congress, the Federal
                    executive branch, the Governors, State legislatures,
                    and State agencies, in order to increase the ability of
                    such policymakers to offer opportunities and to enhance
                    or adapt generic services to meet the needs of, or
                    provide specialized services to, individuals with
                    developmental disabilities and their families.
                        (K) Demonstration of new approaches to services and
                    supports.--
                                (i) In general.--The Council may support
                            and conduct, on a time-limited basis,
                            activities to demonstrate new approaches to
                            serving individuals with developmental
                            disabilities that are a part of an overall
                            strategy for systemic change. The strategy may
                            involve the education of policymakers and the
                            public about how to deliver effectively, to
                            individuals with developmental disabilities and
                            their families, services, supports, and
                            assistance that contribute to the achievement
                            of the purpose of this subtitle.
                                (ii) Sources of funding.--The Council may
                            carry out this subparagraph by supporting and
                            conducting demonstration activities through
                            sources of funding other than funding provided
                            under this subtitle, and by assisting entities
                            conducting demonstration activities to develop
                            strategies for securing funding from other
                            sources.
                        (L) Other activities.--The Council may support and
                    conduct other advocacy, capacity building, and systemic
                    change activities to promote the development of a
                    coordinated, consumer- and family-centered, consumer-
                    and family-directed, comprehensive system of community
                    services, individualized supports, and other forms of
                    assistance that contribute to the achievement of the
                    purpose of this subtitle.
                (6) Review of designated state agency.--The Council shall
            periodically review the designated State agency and activities
            carried out under this subtitle by the designated State agency
            and make any recommendations for change to the Governor.
                (7) Reports.--Beginning in fiscal year 2001, 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 2000 and such sums as may
    be necessary for each of fiscal years 2001 through 2006.
        (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 2001, 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 2000 and such sums as may be
    necessary for each of fiscal years 2001 through 2006.

     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 2000 and such sums as may be
            necessary for each of fiscal years 2001 through 2006.
                (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 2000, 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 2000, 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
    2000, and such sums as may be necessary for each of fiscal years 2001
    through 2006.
        (b) Use of Funds.--
                (1) Grants, contracts, and agreements.--Except as provided
            in paragraph (2), the amount appropriated under subsection (a)
            for each fiscal year shall be used to award grants, or enter
            into contracts, cooperative agreements, or other agreements,
            under section 162.
                (2) Administrative costs.--Not more than 1 percent of the
            amount appropriated under subsection (a) for each fiscal year
            may be used to provide for the administrative costs (other than
            compensation of Federal employees) of the Administration on
            Developmental Disabilities for administering this subtitle and
            subtitles B, C, and D, including monitoring the performance of
            and providing technical assistance to, entities that receive
            funds under this title.
        (c) Technical Assistance for Councils and Centers.--
                (1) In general.--For each covered year, the Secretary shall
            expend, to provide technical assistance for entities funded
            under subtitle B or D, an amount from funds appropriated under
            subsection (a) that is not less than the amount the Secretary
            expended on technical assistance for entities funded under that
            subtitle (or a corresponding provision) in the previous fiscal
            year.
                (2) Covered year.--In this subsection, the term ``covered
            year'' means--
                        (A) in the case of an expenditure for entities
                    funded under subtitle B, a fiscal year for which the
                    amount appropriated under section 129(a) is less than
                    $76,000,000; and
                        (B) in the case of an expenditure for entities
                    funded under subtitle D, a fiscal year prior to the
                    first fiscal year for which the amount appropriated
                    under section 156(a)(1) is not less than $20,000,000.
                (3) References.--References in this subsection to subtitle
            D shall not be considered to include section 153(c)(4).
        (d) Technical Assistance on Electronic Information Sharing.--In
    addition to any funds reserved under subsection (c), the Secretary
    shall reserve $100,000 from the amount appropriated under subsection
    (a) for each fiscal year to carry out section 153(c)(4).
        (e) Limitation.--For any fiscal year for which the amount
    appropriated under subsection (a) is not less than $10,000,000, not
    more than 50 percent of such amount shall be used for activities
    carried out under section 161(2)(A).

                            TITLE II--FAMILY SUPPORT

    SEC. 201. SHORT TITLE.

        This title may be cited as the ``Families of Children With
    Disabilities Support Act of 1999''.

    SEC. 202. FINDINGS, PURPOSES, AND POLICY.

        (a) Findings.--Congress makes the following findings:
                (1) It is in the best interest of our Nation to preserve,
            strengthen, and maintain the family.
                (2) Families of children with disabilities provide support,
            care, and training to their children that can save States
            millions of dollars. Without the efforts of family caregivers,
            many persons with disabilities would receive care through
            State-supported out-of-home placements.
                (3) Most families of children with disabilities, especially
            families in unserved and underserved populations, do not have
            access to family-centered and family-directed services to
            support such families in their efforts to care for such
            children at home.
                (4) Medical advances and improved health care have
            increased the life span of many people with disabilities, and
            the combination of the longer life spans and the aging of
            family caregivers places a continually increasing demand on the
            finite service delivery systems of the States.
                (5) In 1996, 49 States provided family support initiatives
            in response to the needs of families of children with
            disabilities. Such initiatives included the provision of cash
            subsidies, respite care, and other forms of support. There is a
            need in each State, however, to strengthen, expand, and
            coordinate the activities of a system of family support
            services for families of children with disabilities that is
            easily accessible, avoids duplication, uses resources
            efficiently, and prevents gaps in services to families in all
            areas of the State.
                (6) The goals of the Nation properly include the goal of
            providing to families of children with disabilities the family
            support services necessary--
                        (A) to support the family;
                        (B) to enable families of children with
                    disabilities to nurture and enjoy their children at
                    home;
                        (C) to enable families of children with
                    disabilities to make informed choices and decisions
                    regarding the nature of supports, resources, services,
                    and other assistance made available to such families;
                    and
                        (D) to support family caregivers of adults with
                    disabilities.
        (b) Purposes.--The purposes of this title are--
                (1) to promote and strengthen the implementation of
            comprehensive State systems of family support services, for
            families with children with disabilities, that are family-
            centered and family-directed, and that provide families with
            the greatest possible decisionmaking authority and control
            regarding the nature and use of services and support;
                (2) to promote leadership by families in planning, policy
            development, implementation, and evaluation of family support
            services for families of children with disabilities;
                (3) to promote and develop interagency coordination and
            collaboration between agencies responsible for providing the
            services; and
                (4) to increase the availability of, funding for, access
            to, and provision of family support services for families of
            children with disabilities.
        (c) Policy.--It is the policy of the United States that all
    programs, projects, and activities funded under this title shall be
    family-centered and family-directed, and shall be provided in a manner
    consistent with the goal of providing families of children with
    disabilities with the support the families need to raise their children
    at home.

    SEC. 203. DEFINITIONS AND SPECIAL RULE.

        (a) Definitions.--In this title:
                (1) Child with a disability.--The term ``child with a
            disability'' means an individual who--
                        (A) has a significant physical or mental
                    impairment, as defined pursuant to State policy to the
                    extent that such policy is established without regard
                    to type of disability; or
                        (B) is an infant or a young child from birth
                    through age 8 and has a substantial developmental delay
                    or specific congenital or acquired condition that
                    presents a high probability of resulting in a
                    disability if services are not provided to the infant
                    or child.
                (2) Family.--
                        (A) In general.--Subject to subparagraph (B), for
                    purposes of the application of this title in a State,
                    the term ``family'' has the meaning given the term by
                    the State.
                        (B) Exclusion of employees.--The term does not
                    include an employee who, acting in a paid employment
                    capacity, provides services to a child with a
                    disability in an out-of-home setting such as a
                    hospital, nursing home, personal care home, board and
                    care home, group home, or other facility.
                (3) Family support for families of children with
            disabilities.--The term ``family support for families of
            children with disabilities'' means supports, resources,
            services, and other assistance provided to families of children
            with disabilities pursuant to State policy that are designed
            to--
                        (A) support families in the efforts of such
                    families to raise their children with disabilities in
                    the home;
                        (B) strengthen the role of the family as primary
                    caregiver for such children;
                        (C) prevent involuntary out-of-the-home placement
                    of such children and maintain family unity; and
                        (D) reunite families with children with
                    disabilities who have been placed out of the home,
                    whenever possible.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of Health and Human Services.
                (5) State.--The term ``State'' means each of the 50 States
            of the United States, the District of Columbia, the
            Commonwealth of Puerto Rico, the United States Virgin Islands,
            Guam, American Samoa, and the Commonwealth of the Northern
            Mariana Islands.
                (6) Systems change activities.--The term ``systems change
            activities'' means efforts that result in laws, regulations,
            policies, practices, or organizational structures--
                        (A) that are family-centered and family-directed;
                        (B) that facilitate and increase access to,
                    provision of, and funding for, family support services
                    for families of children with disabilities; and
                        (C) that otherwise accomplish the purposes of this
                    title.
        (b) Special Rule.--References in this title to a child with a
    disability shall be considered to include references to an individual
    who is not younger than age 18 who--
                (1) has a significant impairment described in subsection
            (a)(1)(A); and
                (2) is residing with and receiving assistance from a family
            member.

    SEC. 204. GRANTS TO STATES.

        (a) In General.--The Secretary shall make grants to States on a
    competitive basis, in accordance with the provisions of this title, to
    support systems change activities designed to assist States to develop
    and implement, or expand and enhance, a statewide system of family
    support services for families of children with disabilities that
    accomplishes the purposes of this title.
        (b) Award Period and Grant Limitation.--No grant shall be awarded
    under this section for a period of more than 3 years. No State shall be
    eligible for more than 1 grant under this section.
        (c) Amount of Grants.--
                (1) Grants to states.--
                        (A) Federal matching share.--From amounts
                    appropriated under section 212(a), the Secretary shall
                    pay to each State that has an application approved
                    under section 205, for each year of the grant period,
                    an amount that is--
                                (i) equal to not more than 75 percent of
                            the cost of the systems change activities to be
                            carried out by the State; and
                                (ii) not less than $100,000 and not more
                            than $500,000.
                        (B) Non-federal share.--The non-Federal share of
                    the cost of the systems change activities may be in
                    cash or in kind, fairly evaluated, including plant,
                    equipment, or services.
                (2) Calculation of amounts.--The Secretary shall calculate
            a grant amount described in paragraph (1) on the basis of--
                        (A) the amounts available for making grants under
                    this section; and
                        (B) the child population of the State concerned.
        (d) Priority for Previously Participating States.--For the second
    and third fiscal years for which amounts are appropriated to carry out
    this section, the Secretary, in providing payments under this section,
    shall give priority to States that received payments under this section
    during the preceding fiscal year.
        (e) Priorities for Distribution.--To the extent practicable, the
    Secretary shall award grants to States under this section in a manner
    that--
                (1) is geographically equitable;
                (2) distributes the grants among States that have differing
            levels of development of statewide systems of family support
            services for families of children with disabilities; and
                (3) distributes the grants among States that attempt to
            meet the needs of unserved and underserved populations, such as
            individuals from racial and ethnic minority backgrounds,
            disadvantaged individuals, individuals with limited English
            proficiency, and individuals from underserved geographic areas
            (rural or urban).

    SEC. 205. APPLICATION.

        To be eligible to receive a grant under this title, a State shall
    submit an application to the Secretary at such time, in such manner,
    and containing such information and assurances as the Secretary may
    require, including information about the designation of a lead entity,
    a description of available State resources, and assurances that systems
    change activities will be family-centered and family-directed.

    SEC. 206. DESIGNATION OF THE LEAD ENTITY.

        (a) Designation.--The Chief Executive Officer of a State that
    desires to receive a grant under section 204, shall designate the
    office or entity (referred to in this title as the ``lead entity'')
    responsible for--
                (1) submitting the application described in section 205 on
            behalf of the State;
                (2) administering and supervising the use of the amounts
            made available under the grant;
                (3) coordinating efforts related to and supervising the
            preparation of the application;
                (4) coordinating the planning, development, implementation
            (or expansion and enhancement), and evaluation of a statewide
            system of family support services for families of children with
            disabilities among public agencies and between public agencies
            and private agencies, including coordinating efforts related to
            entering into interagency agreements;
                (5) coordinating efforts related to the participation by
            families of children with disabilities in activities carried
            out under a grant made under this title; and
                (6) submitting the report described in section 208 on
            behalf of the State.
        (b) Qualifications.--In designating the lead entity, the Chief
    Executive Officer may designate--
                (1) an office of the Chief Executive Officer;
                (2) a commission appointed by the Chief Executive Officer;
                (3) a public agency;
                (4) a council established under Federal or State law; or
                (5) another appropriate office, agency, or entity.

    SEC. 207. AUTHORIZED ACTIVITIES.

        (a) In General.--A State that receives a grant under section 204
    shall use the funds made available through the grant to carry out
    systems change activities that accomplish the purposes of this title.
        (b) Special Rule.--In carrying out activities authorized under this
    title, a State shall ensure that such activities address the needs of
    families of children with disabilities from unserved or underserved
    populations.

    SEC. 208. REPORTING.

        A State that receives a grant under this title shall prepare and
    submit to the Secretary, at the end of the grant period, a report
    containing the results of State efforts to develop and implement, or
    expand and enhance, a statewide system of family support services for
    families of children with disabilities.

    SEC. 209. TECHNICAL ASSISTANCE.

        (a) In General.--The Secretary shall enter into contracts or
    cooperative agreements with appropriate public or private agencies and
    organizations, including institutions of higher education, with
    documented experience, expertise, and capacity, for the purpose of
    providing technical assistance and information with respect to the
    development and implementation, or expansion and enhancement, of a
    statewide system of family support services for families of children
    with disabilities.
        (b) Purpose.--An agency or organization that provides technical
    assistance and information under this section in a State that receives
    a grant under this title shall provide the technical assistance and
    information to the lead entity of the State, family members of children
    with disabilities, organizations, service providers, and policymakers
    involved with children with disabilities and their families. Such an
    agency or organization may also provide technical assistance and
    information to a State that does not receive a grant under this title.
        (c) Reports to the Secretary.--An entity providing technical
    assistance and information under this section shall prepare and submit
    to the Secretary periodic reports regarding Federal policies and
    procedures identified within the States that facilitate or impede the
    delivery of family support services to families of children with
    disabilities. The report shall include recommendations to the Secretary
    regarding the delivery of services, coordination with other programs,
    and integration of the policies described in section 202 in Federal
    law, other than this title.

    SEC. 210. EVALUATION.

        (a) In General.--The Secretary shall conduct a national evaluation
    of the program of grants to States authorized by this title.
        (b) Purpose.--
                (1) In general.--The Secretary shall conduct the evaluation
            under subsection (a) to assess the status and effects of State
            efforts to develop and implement, or expand and enhance,
            statewide systems of family support services for families of
            children with disabilities in a manner consistent with the
            provisions of this title. In particular, the Secretary shall
            assess the impact of such efforts on families of children with
            disabilities, and recommend amendments to this title that are
            necessary to assist States to accomplish fully the purposes of
            this title.
                (2) Information systems.--The Secretary shall work with the
            States to develop an information system designed to compile and
            report, from information provided by the States, qualitative
            and quantitative descriptions of the impact of the program of
            grants to States authorized by this title on--
                        (A) families of children with disabilities,
                    including families from unserved and underserved
                    populations;
                        (B) access to and funding for family support
                    services for families of children with disabilities;
                        (C) interagency coordination and collaboration
                    between agencies responsible for providing the
                    services; and
                        (D) the involvement of families of children with
                    disabilities at all levels of the statewide systems.
        (c) Report to Congress.--Not later than 2\1/2\ years after the date
    of enactment of this Act, the Secretary shall prepare and submit to the
    appropriate committees of Congress a report concerning the results of
    the evaluation conducted under this section.

    SEC. 211. PROJECTS OF NATIONAL SIGNIFICANCE.

        (a) Study by the Secretary.--The Secretary shall review Federal
    programs to determine the extent to which such programs facilitate or
    impede access to, provision of, and funding for family support services
    for families of children with disabilities, consistent with the
    policies described in section 202.
        (b) Projects of National Significance.--The Secretary shall make
    grants or enter into contracts for projects of national significance to
    support the development of national and State policies and practices
    related to the development and implementation, or expansion and
    enhancement, of family-centered and family-directed systems of family
    support services for families of children with disabilities.

    SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--There are authorized to be appropriated to carry
    out this title such sums as may be necessary for each of fiscal years
    2000 through 2006.
        (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 2000 and such sums as may be
    necessary for each of fiscal years 2001 through 2006.
        (b) Staff Development Curriculum.--There are authorized to be
    appropriated to carry out section 304 $800,000 for fiscal year 2000 and
    such sums as may be necessary for each of fiscal years 2001 and 2002.

                                TITLE IV--REPEAL

    SEC. 401. REPEAL.

        (a) In General.--The Developmental Disabilities Assistance and Bill
    of Rights Act (42 U.S.C. 6000 et seq.) is repealed.
        (b) Conforming Amendments.--
                (1) Individuals with disabilities education act.--Sections
            644(b)(4) and 685(b)(4) of the Individuals with Disabilities
            Education Act (20 U.S.C. 1444(b)(4), 1484a(b)(4)) are amended
            by striking ``the Developmental Disabilities Assistance and
            Bill of Rights Act'' and inserting ``the Developmental
            Disabilities Assistance and Bill of Rights Act of 1999''.
                (2) Native american housing assistance and self-
            determination act of 1996.--Section 4(17)(C) of the Native
            American Housing Assistance and Self-Determination Act of 1996
            (25 U.S.C. 4103(17)(C)) is amended by striking ``as defined
            in'' and all that follows and inserting ``as defined in section
            102 of the Developmental Disabilities Assistance and Bill of
            Rights Act of 1999.''.
                (3) Rehabilitation act of 1973.--
                        (A) Section 105(c)(6) of the Rehabilitation Act of
                    1973 (29 U.S.C. 725(c)(6)) is amended by striking ``the
                    State Developmental Disabilities Council described in
                    section 124 of the Developmental Disabilities
                    Assistance and Bill of Rights Act (42 U.S.C. 6024)''
                    and inserting ``the State Council on Developmental
                    Disabilities established under section 125 of the
                    Developmental Disabilities Assistance and Bill of
                    Rights Act of 1999''.
                        (B) Sections 202(h)(2)(D)(iii) and 401(a)(5)(A) of
                    the Rehabilitation Act of 1973 (29 U.S.C.
                    762(h)(2)(D)(iii), 781(a)(5)(A)) are amended by
                    striking ``Developmental Disabilities Assistance and
                    Bill of Rights Act (42 U.S.C. 6000 et seq.)'' and
                    inserting ``Developmental Disabilities Assistance and
                    Bill of Rights Act of 1999''.
                        (C) Subsections (a)(1)(B)(i), (f)(2), and (m)(1) of
                    section 509 of the Rehabilitation Act of 1973 (29
                    U.S.C. 794e) are amended by striking ``part C of the
                    Developmental Disabilities Assistance and Bill of
                    Rights Act (42 U.S.C. 6041 et seq.)'' and inserting
                    ``subtitle C of the Developmental Disabilities
                    Assistance and Bill of Rights Act of 1999''.
                        (D) Section 509(f)(5)(B) of the Rehabilitation Act
                    of 1973 (29 U.S.C. 794e(f)(5)(B)) is amended by
                    striking ``Developmental Disabilities Assistance and
                    Bill of Rights Act (42 U.S.C. 6000 et seq.)'' and
                    inserting ``Developmental Disabilities Assistance and
                    Bill of Rights Act of 1999''.
                (4) Assistive technology act of 1998.--
                        (A) Section 3(a)(11)(A) of the Assistive Technology
                    Act of 1998 (29 U.S.C. 3002(a)(11)(A)) is amended by
                    striking ``part C of the Developmental Disabilities
                    Assistance and Bill of Rights Act (42 U.S.C. 6041 et
                    seq.)'' and inserting ``subtitle C of the Developmental
                    Disabilities Assistance and Bill of Rights Act of
                    1999''.
                        (B) Paragraphs (1) and (2) of section 102(a) of the
                    Assistive Technology Act of 1998 (29 U.S.C. 3012(a))
                    are amended by striking ``Developmental Disabilities
                    Assistance and Bill of Rights Act (42 U.S.C. 6000 et
                    seq.)'' and inserting ``Developmental Disabilities
                    Assistance and Bill of Rights Act of 1999''.
                (5) Health programs extension act of 1973.--Section 401(e)
            of the Health Programs Extension Act of 1973 (42 U.S.C. 300a-
            7(e)) is amended by striking ``or the'' and all that follows
            through ``may deny'' and inserting ``or the Developmental
            Disabilities Assistance and Bill of Rights Act of 1999 may
            deny''.
                (6) Social security act.--
                        (A) Section 1919(c)(2)(B)(iii)(III) of the Social
                    Security Act (42 U.S.C. 1396r(c)(2)(B)(iii)(III)) is
                    amended by striking ``part C of the Developmental
                    Disabilities Assistance and Bill of Rights Act'' and
                    inserting ``subtitle C of the Developmental
                    Disabilities Assistance and Bill of Rights Act of
                    1999''.
                        (B) Section 1930(d)(7) of the Social Security Act
                    (42 U.S.C. 1396u(d)(7)) is amended by striking ``State
                    Planning Council established under section 124 of the
                    Developmental Disabilities Assistance and Bill of
                    Rights Act, and the Protection and Advocacy System
                    established under section 142 of such Act'' and
                    inserting ``State Council on Developmental Disabilities
                    established under section 125 of the Developmental
                    Disabilities Assistance and Bill of Rights Act of 1999
                    and the protection and advocacy system established
                    under subtitle C of that Act''.
                (7) United states housing act of 1937.--Section
            3(b)(3)(E)(iii) of the United States Housing Act of 1937 (42
            U.S.C. 1437a(b)(3)(E)(iii)) is amended by striking
            ``developmental disability'' and all that follows and inserting
            ``developmental disability as defined in section 102 of the
            Developmental Disabilities Assistance and Bill of Rights Act of
            1999.''.
                (8) Housing act of 1949.--The third sentence of section
            501(b)(3) of the Housing Act of 1949 (42 U.S.C. 1471(b)(3)) is
            amended by striking ``developmental disability'' and all that
            follows and inserting ``developmental disability as defined in
            section 102 of the Developmental Disabilities Assistance and
            Bill of Rights Act of 1999.''.
                (9) Older americans act of 1965.--
                        (A) Section 203(b)(17) of the Older Americans Act
                    of 1965 (42 U.S.C. 3013(b)(17)) is amended by striking
                    ``Developmental Disabilities and Bill of Rights Act''
                    and inserting ``Developmental Disabilities Assistance
                    and Bill of Rights Act of 1999''.
                        (B) Section 427(a) of the Older Americans Act of
                    1965 (42 U.S.C. 3035f(a)) is amended by striking ``part
                    A of the Developmental Disabilities Assistance and Bill
                    of Rights Act (42 U.S.C. 6001 et seq.)'' and inserting
                    ``subtitle C of the Developmental Disabilities
                    Assistance and Bill of Rights Act of 1999''.
                        (C) Section 429F(a)(1) of the Older Americans Act
                    of 1965 (42 U.S.C. 3035n(a)(1)) is amended by striking
                    ``section 102(5) of the Developmental Disabilities
                    Assistance and Bill of Rights Act (42 U.S.C. 6001(5))''
                    and inserting ``section 102 of the Developmental
                    Disabilities Assistance and Bill of Rights Act of
                    1999''.
                        (D) Section 712(h)(6)(A) of the Older Americans Act
                    of 1965 (42 U.S.C. 3058g(h)(6)(A)) is amended by
                    striking ``part A of the Developmental Disabilities
                    Assistance and Bill of Rights Act (42 U.S.C. 6001 et
                    seq.)'' and inserting ``subtitle C of the Developmental
                    Disabilities Assistance and Bill of Rights Act of
                    1999''.
                (10) Crime victims with disabilities awareness act.--
            Section 3 of the Crime Victims With Disabilities Awareness Act
            (42 U.S.C. 3732 note) is amended by striking ``term'' and all
            that follows and inserting the following ``term in section 102
            of the Developmental Disabilities Assistance and Bill of Rights
            Act of 1999.''.
                (11) Cranston-gonzalez national affordable housing act.--
            The third sentence of section 811(k)(2) of the Cranston-
            Gonzalez National Affordable Housing Act (42 U.S.C. 8013(k)(2))
            is amended by striking ``as defined'' and all that follows and
            inserting ``as defined in section 102 of the Developmental
            Disabilities Assistance and Bill of Rights Act of 1999.''.
                (12) State dependent care development grants act.--Section
            670G(3) of the State Dependent Care Development Grants Act (42
            U.S.C. 9877(3)) is amended by striking ``section 102(7) of the
            Developmental Disabilities Assistance and Bill of Rights Act''
            and inserting ``section 102 of the Developmental Disabilities
            Assistance and Bill of Rights Act of 1999''.
                (13) Protection and advocacy for mentally ill individuals
            act of 1986.--
                        (A) Section 102(2) of the Protection and Advocacy
                    for Mentally Ill Individuals Act of 1986 (42 U.S.C.
                    10802(2)) is amended by striking ``part C of the
                    Developmental Disabilities Assistance and Bill of
                    Rights Act'' and inserting ``subtitle C of the
                    Developmental Disabilities Assistance and Bill of
                    Rights Act of 1999''.
                        (B) Section 114 of the Protection and Advocacy for
                    Mentally Ill Individuals Act of 1986 (42 U.S.C. 10824)
                    is amended by striking ``section 107(c) of the
                    Developmental Disabilities Assistance and Bill of
                    Rights Act'' and inserting ``section 105 of the
                    Developmental Disabilities Assistance and Bill of
                    Rights Act of 1999''.
                (14) Stewart b. mckinney homeless assistance act.--Section
            422(2)(C) of the Stewart B. McKinney Homeless Assistance Act
            (42 U.S.C. 11382(2)(C)) is amended by striking ``as defined''
            and all that follows and inserting ``as defined in section 102
            of the Developmental Disabilities Assistance and Bill of Rights
            Act of 1999, or''.
                (15) Assisted suicide funding restriction act of 1997.--
                        (A) Section 4 of the Assisted Suicide Funding
                    Restriction Act of 1997 (42 U.S.C. 14403) is amended--
                                (i) by striking the section heading and
                            inserting the following:

    ``SEC. 4. RESTRICTION ON USE OF FEDERAL FUNDS UNDER CERTAIN GRANT
                  PROGRAMS.'';

                            and
                                (ii) by striking ``part B, D, or E of the
                            Developmental Disabilities Assistance and Bill
                            of Rights Act'' and inserting ``subtitle B, D,
                            or E of the Developmental Disabilities
                            Assistance and Bill of Rights Act of 1999''.
                        (B) Section 5(b)(1) of the Assisted Suicide Funding
                    Restriction Act of 1997 (42 U.S.C. 14404(b)(1)) is
                    amended by striking subparagraph (A) and inserting the
                    following:
                        ``(A) Protection and advocacy systems under the
                    developmental disabilities assistance and bill of
                    rights act of 1999.--Subtitle C of the Developmental
                    Disabilities Assistance and Bill of Rights Act of
                    1999.''.