[Congressional Record Volume 146, Number 98 (Tuesday, July 25, 2000)]
[House]
[Pages H6980-H6999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT OF 2000
Mr. LAZIO. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4920) to improve service systems for individuals with
developmental disabilities, and for other purposes, as amended.
The Clerk read as follows:
H.R. 4920
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Developmental Disabilities Assistance and Bill of Rights
Act of 2000''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
Subtitle A--General Provisions
Sec. 101. Findings, purposes, and policy.
Sec. 102. Definitions.
Sec. 103. Records and audits.
Sec. 104. Responsibilities of the Secretary.
Sec. 105. Reports of the Secretary.
Sec. 106. State control of operations.
Sec. 107. Employment of individuals with disabilities.
Sec. 108. Construction.
Sec. 109. Rights of individuals with developmental disabilities.
Subtitle B--Federal Assistance to State Councils on Developmental
Disabilities
Sec. 121. Purpose.
Sec. 122. State allotments.
Sec. 123. Payments to the States for planning, administration, and
services.
Sec. 124. State plan.
Sec. 125. State Councils on Developmental Disabilities and designated
State agencies.
Sec. 126. Federal and non-Federal share.
Sec. 127. Withholding of payments for planning, administration, and
services.
Sec. 128. Appeals by States.
Sec. 129. Authorization of appropriations.
Subtitle C--Protection and Advocacy of Individual Rights
Sec. 141. Purpose.
Sec. 142. Allotments and payments.
Sec. 143. System required.
Sec. 144. Administration.
Sec. 145. Authorization of appropriations.
Subtitle D--National Network of University Centers for Excellence in
Developmental Disabilities Education, Research, and Service
Sec. 151. Grant authority.
Sec. 152. Grant awards.
Sec. 153. Purpose and scope of activities.
Sec. 154. Applications.
Sec. 155. Definition.
Sec. 156. Authorization of appropriations.
Subtitle E--Projects of National Significance
Sec. 161. Purpose.
Sec. 162. Grant authority.
Sec. 163. Authorization of appropriations.
TITLE II--PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Reaching up scholarship program.
Sec. 204. Staff development curriculum authorization.
Sec. 205. Authorization of appropriations.
TITLE III--REPEAL
Sec. 301. Repeal.
TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
Subtitle A--General Provisions
SEC. 101. FINDINGS, PURPOSES, AND POLICY.
(a) Findings.--Congress finds that--
(1) disability is a natural part of the human experience
that does not diminish the right of individuals with
developmental disabilities to live independently, to exert
control and choice over their own lives, and to fully
participate in and contribute to their communities through
full integration and inclusion in the economic, political,
social, cultural, and educational mainstream of United States
society;
(2) in 1999, there were between 3,200,000 and 4,500,000
individuals with developmental disabilities in the United
States, and recent studies indicate that individuals with
developmental disabilities comprise between 1.2 and 1.65
percent of the United States population;
(3) individuals whose disabilities occur during their
developmental period frequently have severe disabilities that
are likely to continue indefinitely;
(4) individuals with developmental disabilities often
encounter discrimination in the provision of critical
services, such as services in the areas of emphasis (as
defined in section 102);
(5) individuals with developmental disabilities are at
greater risk than the general population of abuse, neglect,
financial and sexual exploitation, and the violation of their
legal and human rights;
(6) a substantial portion of individuals with developmental
disabilities and their families do not have access to
appropriate support and services, including access to
assistive technology, from generic and specialized service
systems, and remain unserved or underserved;
(7) individuals with developmental disabilities often
require lifelong community services, individualized supports,
and other forms of assistance, that are most effective when
provided in a coordinated manner;
(8) there is a need to ensure that services, supports, and
other assistance are provided in a culturally competent
manner, that ensures that individuals from racial and ethnic
minority backgrounds are fully included in all activities
provided under this title;
(9) family members, friends, and members of the community
can play an important role in enhancing the lives of
individuals with developmental disabilities, especially when
the family members, friends, and community members are
provided with the necessary community services,
individualized supports, and other forms of assistance;
(10) current research indicates that 88 percent of
individuals with developmental disabilities live with their
families or in their own households;
(11) many service delivery systems and communities are not
prepared to meet the impending needs of the 479,862 adults
with developmental disabilities who are living at home with
parents who are 60 years old or older and who serve as the
primary caregivers of the adults;
(12) in almost every State, individuals with developmental
disabilities are waiting for appropriate services in their
communities, in the areas of emphasis;
(13) the public needs to be made more aware of the
capabilities and competencies of individuals with
developmental disabilities, particularly in cases in which
the individuals are provided with necessary services,
supports, and other assistance;
(14) as increasing numbers of individuals with
developmental disabilities are living, learning, working, and
participating in all aspects of community life, there is an
increasing need for a well trained workforce that is able to
provide the services, supports, and other forms of direct
assistance required to enable the individuals to carry out
those activities;
(15) there needs to be greater effort to recruit
individuals from minority backgrounds into professions
serving individuals with developmental disabilities and their
families;
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(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
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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--
[[Page H6983]]
(i) will not experience abuse, neglect, sexual or financial
exploitation, or violation of legal or human rights; and
(ii) will not be subject to the inappropriate use of
restraints or seclusion;
(B) include training in leadership, self-advocacy, and
self-determination for individuals with developmental
disabilities, their families, and their guardians to ensure
that those individuals--
(i) will not experience abuse, neglect, sexual or financial
exploitation, or violation of legal or human rights; and
(ii) will not be subject to the inappropriate use of
restraints or seclusion; or
(C) include activities related to interagency coordination
and systems integration that result in improved and enhanced
services, supports, and other assistance that contribute to
and protect the self-determination, independence,
productivity, and integration and inclusion in all facets of
community life, of individuals with developmental
disabilities.
(24) Recreation-related activities.--The term ``recreation-
related activities'' means advocacy, capacity building, and
systemic change activities that result in individuals with
developmental disabilities having access to and use of
recreational, leisure, and social activities, in their
communities.
(25) Rehabilitation technology.--The term ``rehabilitation
technology'' means the systematic application of
technologies, engineering methodologies, or scientific
principles to meet the needs of, and address the barriers
confronted by, individuals with developmental disabilities in
areas that include education, rehabilitation, employment,
transportation, independent living, and recreation. Such term
includes rehabilitation engineering, and the provision of
assistive technology devices and assistive technology
services.
(26) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(27) Self-determination activities.--The term ``self-
determination activities'' means activities that result in
individuals with developmental disabilities, with appropriate
assistance, having--
(A) the ability and opportunity to communicate and make
personal decisions;
(B) the ability and opportunity to communicate choices and
exercise control over the type and intensity of services,
supports, and other assistance the individuals receive;
(C) the authority to control resources to obtain needed
services, supports, and other assistance;
(D) opportunities to participate in, and contribute to,
their communities; and
(E) support, including financial support, to advocate for
themselves and others, to develop leadership skills, through
training in self-advocacy, to participate in coalitions, to
educate policymakers, and to play a role in the development
of public policies that affect individuals with developmental
disabilities.
(28) State.--The term ``State'', except as otherwise
provided, includes, in addition to each of the several States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(29) State council on developmental disabilities.--The term
``State Council on Developmental Disabilities'' means a
Council established under section 125.
(30) Supported employment services.--The term ``supported
employment services'' means services that enable individuals
with developmental disabilities to perform competitive work
in integrated work settings, in the case of individuals with
developmental disabilities--
(A)(i) for whom competitive employment has not
traditionally occurred; or
(ii) for whom competitive employment has been interrupted
or intermittent as a result of significant disabilities; and
(B) who, because of the nature and severity of their
disabilities, need intensive supported employment services or
extended services in order to perform such work.
(31) Transportation-related activities.--The term
``transportation-related activities'' means advocacy,
capacity building, and systemic change activities that result
in individuals with developmental disabilities having access
to and use of transportation.
(32) Unserved and underserved.--The term ``unserved and
underserved'' includes populations such as individuals from
racial and ethnic minority backgrounds, disadvantaged
individuals, individuals with limited English proficiency,
individuals from underserved geographic areas (rural or
urban), and specific groups of individuals within the
population of individuals with developmental disabilities,
including individuals who require assistive technology in
order to participate in and contribute to community life.
SEC. 103. RECORDS AND AUDITS.
(a) Records.--Each recipient of assistance under this title
shall keep such records as the Secretary shall prescribe,
including--
(1) records that fully disclose--
(A) the amount and disposition by such recipient of the
assistance;
(B) the total cost of the project or undertaking in
connection with which such assistance is given or used; and
(C) the amount of that portion of the cost of the project
or undertaking that is supplied by other sources; and
(2) such other records as will facilitate an effective
audit.
(b) Access.--The Secretary and the Comptroller General of
the United States, or any of their duly authorized
representatives, shall have access for the purpose of audit
and examination to any books, documents, papers, and records
of the recipients of assistance under this title that are
pertinent to such assistance.
SEC. 104. RESPONSIBILITIES OF THE SECRETARY.
(a) Program Accountability.--
(1) In general.--In order to monitor entities that received
funds under this Act to carry out activities under subtitles
B, C, and D and determine the extent to which the entities
have been responsive to the purpose of this title and have
taken actions consistent with the policy described in section
101(c), the Secretary shall develop and implement an
accountability process as described in this subsection, with
respect to activities conducted after October 1, 2001.
(2) Areas of emphasis.--The Secretary shall develop a
process for identifying and reporting (pursuant to section
105) on progress achieved through advocacy, capacity
building, and systemic change activities, undertaken by the
entities described in paragraph (1), that resulted in
individuals with developmental disabilities and their
families participating in the design of and having access to
needed community services, individualized supports, and other
forms of assistance that promote self-determination,
independence, productivity, and integration and inclusion in
all facets of community life. Specifically, the Secretary
shall develop a process for identifying and reporting on
progress achieved, through advocacy, capacity building, and
systemic change activities, by the entities in the areas of
emphasis.
(3) Indicators of progress.--
(A) In general.--In identifying progress made by the
entities described in paragraph (1) in the areas of emphasis,
the Secretary, in consultation with the Commissioner of the
Administration on Developmental Disabilities and the
entities, shall develop indicators for each area of emphasis.
(B) Proposed indicators.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall develop
and publish in the Federal Register for public comment
proposed indicators of progress for monitoring how entities
described in paragraph (1) have addressed the areas of
emphasis described in paragraph (2) in a manner that is
responsive to the purpose of this title and consistent with
the policy described in section 101(c).
(C) Final indicators.--Not later than October 1, 2001, the
Secretary shall revise the proposed indicators of progress,
to the extent necessary based on public comment, and publish
final indicators of progress in the Federal Register.
(D) Specific measures.--At a minimum, the indicators of
progress shall be used to describe and measure--
(i) the satisfaction of individuals with developmental
disabilities with the advocacy, capacity building, and
systemic change activities provided under subtitles B, C, and
D;
(ii) the extent to which the advocacy, capacity building,
and systemic change activities provided through subtitles B,
C, and D result in improvements in--
(I) the ability of individuals with developmental
disabilities to make choices and exert control over the type,
intensity, and timing of services, supports, and assistance
that the individuals have used;
(II) the ability of individuals with developmental
disabilities to participate in the full range of community
life with persons of the individuals' choice; and
(III) the ability of individuals with developmental
disabilities to access services, supports, and assistance in
a manner that ensures that such an individual is free from
abuse, neglect, sexual and financial exploitation, violation
of legal and human rights, and the inappropriate use of
restraints and seclusion; and
(iii) the extent to which the entities described in
paragraph (1) collaborate with each other to achieve the
purpose of this title and the policy described in section
101(c).
(4) Time line for compliance with indicators of progress.--
The Secretary shall require entities described in paragraph
(1) to meet the indicators of progress described in paragraph
(3). For fiscal year 2002 and each year thereafter, the
Secretary shall apply the indicators in monitoring entities
described in paragraph (1), with respect to activities
conducted after October 1, 2001.
(b) Time Line for Regulations.--Except as otherwise
expressly provided in this title, the Secretary, not later
than 1 year after the date of enactment of this Act, shall
promulgate such regulations as may be required for the
implementation of this title.
(c) Interagency Committee.--
(1) In general.--The Secretary shall maintain the
interagency committee authorized in section 108 of the
Developmental Disabilities Assistance and Bill of Rights Act
(42 U.S.C. 6007) as in effect on the day before the date of
enactment of this Act, except as otherwise provided in this
subsection.
(2) Composition.--The interagency committee shall be
composed of representatives of--
(A) the Administration on Developmental Disabilities, the
Administration on Children, Youth, and Families, the
Administration on Aging, and the Health Resources and
Services Administration, of the Department of Health and
Human Services; and
[[Page H6984]]
(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.
[[Page H6985]]
(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
[[Page H6986]]
Social Security Act (42 U.S.C. 1396a(a)(30)(C))) of an
Intermediate Care Facility (Mental Retardation) within the
State, which the State shall provide to the Council not later
than 30 days after the availability of the review); and
(viii) to the extent that information is available, a
description of the adequacy of health care and other
services, supports, and assistance that individuals with
developmental disabilities who are served through home and
community-based waivers (authorized under section 1915(c) of
the Social Security Act (42 U.S.C. 1396n(c))) receive;
(D) a description of how entities funded under subtitles C
and D, through interagency agreements or other mechanisms,
collaborated with the entity funded under this subtitle in
the State, each other, and other entities to contribute to
the achievement of the purpose of this subtitle; and
(E) the rationale for the goals related to advocacy,
capacity building, and systemic change to be undertaken by
the Council to contribute to the achievement of the purpose
of this subtitle.
(4) Plan goals.--The plan shall focus on Council efforts to
bring about the purpose of this subtitle, by--
(A) specifying 5-year goals, as developed through data
driven strategic planning, for advocacy, capacity building,
and systemic change related to the areas of emphasis, to be
undertaken by the Council, that--
(i) are derived from the unmet needs of individuals with
developmental disabilities and their families identified
under paragraph (3); and
(ii) include a goal, for each year of the grant, to--
(I) establish or strengthen a program for the direct
funding of a State self-advocacy organization led by
individuals with developmental disabilities;
(II) support opportunities for individuals with
developmental disabilities who are considered leaders to
provide leadership training to individuals with developmental
disabilities who may become leaders; and
(III) support and expand participation of individuals with
developmental disabilities in cross-disability and culturally
diverse leadership coalitions; and
(B) for each year of the grant, describing--
(i) the goals to be achieved through the grant, which,
beginning in fiscal year 2002, shall be consistent with
applicable indicators of progress described in section
104(a)(3);
(ii) the strategies to be used in achieving each goal; and
(iii) the method to be used to determine if each goal has
been achieved.
(5) Assurances.--
(A) In general.--The plan shall contain or be supported by
assurances and information described in subparagraphs (B)
through (N) that are satisfactory to the Secretary.
(B) Use of funds.--With respect to the funds paid to the
State under section 122, the plan shall provide assurances
that--
(i) not less than 70 percent of such funds will be expended
for activities related to the goals described in paragraph
(4);
(ii) such funds will contribute to the achievement of the
purpose of this subtitle in various political subdivisions of
the State;
(iii) such funds will be used to supplement, and not
supplant, the non-Federal funds that would otherwise be made
available for the purposes for which the funds paid under
section 122 are provided;
(iv) such funds will be used to complement and augment
rather than duplicate or replace services for individuals
with developmental disabilities and their families who are
eligible for Federal assistance under other State programs;
(v) part of such funds will be made available by the State
to public or private entities;
(vi) at the request of any State, a portion of such funds
provided to such State under this subtitle for any fiscal
year shall be available to pay up to \1/2\ (or the entire
amount if the Council is the designated State agency) of the
expenditures found to be necessary by the Secretary for the
proper and efficient exercise of the functions of the
designated State agency, except that not more than 5 percent
of such funds provided to such State for any fiscal year, or
$50,000, whichever is less, shall be made available for total
expenditures for such purpose by the designated State agency;
and
(vii) not more than 20 percent of such funds will be
allocated to the designated State agency for service
demonstrations by such agency that--
(I) contribute to the achievement of the purpose of this
subtitle; and
(II) are explicitly authorized by the Council.
(C) State financial participation.--The plan shall provide
assurances that there will be reasonable State financial
participation in the cost of carrying out the plan.
(D) Conflict of interest.--The plan shall provide an
assurance that no member of such Council will cast a vote on
any matter that would provide direct financial benefit to the
member or otherwise give the appearance of a conflict of
interest.
(E) Urban and rural poverty areas.--The plan shall provide
assurances that special financial and technical assistance
will be given to organizations that provide community
services, individualized supports, and other forms of
assistance to individuals with developmental disabilities who
live in areas designated as urban or rural poverty areas.
(F) Program accessibility standards.--The plan shall
provide assurances that programs, projects, and activities
funded under the plan, and the buildings in which such
programs, projects, and activities are operated, will meet
standards prescribed by the Secretary in regulations and all
applicable Federal and State accessibility standards,
including accessibility requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section
508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), and
the Fair Housing Act (42 U.S.C. 3601 et seq.).
(G) Individualized services.--The plan shall provide
assurances that any direct services provided to individuals
with developmental disabilities and funded under the plan
will be provided in an individualized manner, consistent with
the unique strengths, resources, priorities, concerns,
abilities, and capabilities of such individual.
(H) Human rights.--The plan shall provide assurances that
the human rights of the individuals with developmental
disabilities (especially individuals without familial
protection) who are receiving services under programs
assisted under this subtitle will be protected consistent
with section 109 (relating to rights of individuals with
developmental disabilities).
(I) Minority participation.--The plan shall provide
assurances that the State has taken affirmative steps to
assure that participation in programs funded under this
subtitle is geographically representative of the State, and
reflects the diversity of the State with respect to race and
ethnicity.
(J) Employee protections.--The plan shall provide
assurances that fair and equitable arrangements (as
determined by the Secretary after consultation with the
Secretary of Labor) will be provided to protect the interests
of employees affected by actions taken under the plan to
provide community living activities, including arrangements
designed to preserve employee rights and benefits and provide
training and retraining of such employees where necessary,
and arrangements under which maximum efforts will be made to
guarantee the employment of such employees.
(K) Staff assignments.--The plan shall provide assurances
that the staff and other personnel of the Council, while
working for the Council, will be responsible solely for
assisting the Council in carrying out the duties of the
Council under this subtitle and will not be assigned duties
by the designated State agency, or any other agency, office,
or entity of the State.
(L) Noninterference.--The plan shall provide assurances
that the designated State agency, and any other agency,
office, or entity of the State, will not interfere with the
advocacy, capacity building, and systemic change activities,
budget, personnel, State plan development, or plan
implementation of the Council, except that the designated
State agency shall have the authority necessary to carry out
the responsibilities described in section 125(d)(3).
(M) State quality assurance.--The plan shall provide
assurances that the Council will participate in the planning,
design or redesign, and monitoring of State quality assurance
systems that affect individuals with developmental
disabilities.
(N) Other assurances.--The plan shall contain such
additional information and assurances as the Secretary may
find necessary to carry out the provisions (including the
purpose) of this subtitle.
(d) Public Input and Review, Submission, and Approval.--
(1) Public input and review.--The plan shall be based on
public input. The Council shall make the plan available for
public review and comment, after providing appropriate and
sufficient notice in accessible formats of the opportunity
for such review and comment. The Council shall revise the
plan to take into account and respond to significant
comments.
(2) Consultation with the designated state agency.--Before
the plan is submitted to the Secretary, the Council shall
consult with the designated State agency to ensure that the
State plan is consistent with State law and to obtain
appropriate State plan assurances.
(3) Plan approval.--The Secretary shall approve any State
plan and, as appropriate, amendments of such plan that comply
with the provisions of subsections (a), (b), and (c) and this
subsection. The Secretary may take final action to disapprove
a State plan after providing reasonable notice and an
opportunity for a hearing to the State.
SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABILITIES AND
DESIGNATED STATE AGENCIES.
(a) In General.--Each State that receives assistance under
this subtitle shall establish and maintain a Council to
undertake advocacy, capacity building, and systemic change
activities (consistent with subsections (b) and (c) of
section 101) that contribute to a coordinated, consumer- and
family-centered, consumer- and family-directed, comprehensive
system of community services, individualized supports, and
other forms of assistance that contribute to the achievement
of the purpose of this subtitle. The Council shall have the
authority to fulfill the responsibilities described in
subsection (c).
(b) Council Membership.--
(1) Council appointments.--
(A) In general.--The members of the Council of a State
shall be appointed by the Governor of the State from among
the residents of that State.
(B) Recommendations.--The Governor shall select members of
the Council, at the
[[Page H6987]]
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
[[Page H6988]]
Council may provide the information directly to Federal,
State, and local policymakers, including Congress, the
Federal executive branch, the Governors, State legislatures,
and State agencies, in order to increase the ability of such
policymakers to offer opportunities and to enhance or adapt
generic services to meet the needs of, or provide specialized
services to, individuals with developmental disabilities and
their families.
(K) Demonstration of new approaches to services and
supports.--
(i) In general.--The Council may support and conduct, on a
time-limited basis, activities to demonstrate new approaches
to serving individuals with developmental disabilities that
are a part of an overall strategy for systemic change. The
strategy may involve the education of policymakers and the
public about how to deliver effectively, to individuals with
developmental disabilities and their families, services,
supports, and assistance that contribute to the achievement
of the purpose of this subtitle.
(ii) Sources of funding.--The Council may carry out this
subparagraph by supporting and conducting demonstration
activities through sources of funding other than funding
provided under this subtitle, and by assisting entities
conducting demonstration activities to develop strategies for
securing funding from other sources.
(L) Other activities.--The Council may support and conduct
other advocacy, capacity building, and systemic change
activities to promote the development of a coordinated,
consumer- and family-centered, consumer- and family-directed,
comprehensive system of community services, individualized
supports, and other forms of assistance that contribute to
the achievement of the purpose of this subtitle.
(6) Review of designated state agency.--The Council shall
periodically review the designated State agency and
activities carried out under this subtitle by the designated
State agency and make any recommendations for change to the
Governor.
(7) Reports.--Beginning in fiscal year 2002, the Council
shall annually prepare and transmit to the Secretary a
report. Each report shall be in a form prescribed by the
Secretary by regulation under section 104(b). Each report
shall contain information about the progress made by the
Council in achieving the goals of the Council (as specified
in section 124(c)(4)), including--
(A) a description of the extent to which the goals were
achieved;
(B) a description of the strategies that contributed to
achieving the goals;
(C) to the extent to which the goals were not achieved, a
description of factors that impeded the achievement;
(D) separate information on the self-advocacy goal
described in section 124(c)(4)(A)(ii);
(E)(i) as appropriate, an update on the results of the
comprehensive review and analysis described in section
124(c)(3); and
(ii) information on consumer satisfaction with Council
supported or conducted activities;
(F)(i) a description of the adequacy of health care and
other services, supports, and assistance that individuals
with developmental disabilities in Intermediate Care
Facilities (Mental Retardation) receive; and
(ii) a description of the adequacy of health care and other
services, supports, and assistance that individuals with
developmental disabilities served through home and community-
based waivers (authorized under section 1915(c) of the Social
Security Act (42 U.S.C. 1396n(c)) receive;
(G) an accounting of the manner in which funds paid to the
State under this subtitle for a fiscal year were expended;
(H) a description of--
(i) resources made available to carry out activities to
assist individuals with developmental disabilities that are
directly attributable to Council actions; and
(ii) resources made available for such activities that are
undertaken by the Council in collaboration with other
entities; and
(I) a description of the method by which the Council will
widely disseminate the annual report to affected
constituencies and the general public and will assure that
the report is available in accessible formats.
(8) Budget.--Each Council shall prepare, approve, and
implement a budget using amounts paid to the State under this
subtitle to fund and implement all programs, projects, and
activities carried out under this subtitle, including--
(A)(i) conducting such hearings and forums as the Council
may determine to be necessary to carry out the duties of the
Council; and
(ii) as determined in Council policy--
(I) reimbursing members of the Council for reasonable and
necessary expenses (including expenses for child care and
personal assistance services) for attending Council meetings
and performing Council duties;
(II) paying a stipend to a member of the Council, if such
member is not employed or must forfeit wages from other
employment, to attend Council meetings and perform other
Council duties;
(III) supporting Council member and staff travel to
authorized training and technical assistance activities
including in-service training and leadership development
activities; and
(IV) carrying out appropriate subcontracting activities;
(B) hiring and maintaining such numbers and types of staff
(qualified by training and experience) and obtaining the
services of such professional, consulting, technical, and
clerical staff (qualified by training and experience),
consistent with State law, as the Council determines to be
necessary to carry out the functions of the Council under
this subtitle, except that such State shall not apply hiring
freezes, reductions in force, prohibitions on travel, or
other policies to the staff of the Council, to the extent
that such policies would impact the staff or functions funded
with Federal funds, or would prevent the Council from
carrying out the functions of the Council under this
subtitle; and
(C) directing the expenditure of funds for grants,
contracts, interagency agreements that are binding contracts,
and other activities authorized by the State plan approved
under section 124.
(9) Staff hiring and supervision.--The Council shall,
consistent with State law, recruit and hire a Director of the
Council, should the position of Director become vacant, and
supervise and annually evaluate the Director. The Director
shall hire, supervise, and annually evaluate the staff of the
Council. Council recruitment, hiring, and dismissal of staff
shall be conducted in a manner consistent with Federal and
State nondiscrimination laws. Dismissal of personnel shall be
conducted in a manner consistent with State law and personnel
policies.
(10) Staff assignments.--The staff of the Council, while
working for the Council, shall be responsible solely for
assisting the Council in carrying out the duties of the
Council under this subtitle and shall not be assigned duties
by the designated State agency or any other agency or entity
of the State.
(11) Construction.--Nothing in this title shall be
construed to authorize a Council to direct, control, or
exercise any policymaking authority or administrative
authority over any program assisted under the Rehabilitation
Act of 1973 (29 U.S.C. 701 et seq.) or the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(d) Designated State Agency.--
(1) In general.--Each State that receives assistance under
this subtitle shall designate a State agency that shall, on
behalf of the State, provide support to the Council. After
the date of enactment of the Developmental Disabilities
Assistance and Bill of Rights Act Amendments of 1994 (Public
Law 103-230), any designation of a State agency under this
paragraph shall be made in accordance with the requirements
of this subsection.
(2) Designation.--
(A) Type of agency.--Except as provided in this subsection,
the designated State agency shall be--
(i) the Council if such Council may be the designated State
agency under the laws of the State;
(ii) a State agency that does not provide or pay for
services for individuals with developmental disabilities; or
(iii) a State office, including the immediate office of the
Governor of the State or a State planning office.
(B) Conditions for continuation of state service agency
designation.--
(i) Designation before enactment.--If a State agency that
provides or pays for services for individuals with
developmental disabilities was a designated State agency for
purposes of part B of the Developmental Disabilities
Assistance and Bill of Rights Act on the date of enactment of
the Developmental Disabilities Assistance and Bill of Rights
Act Amendments of 1994, and the Governor of the State (or the
legislature, where appropriate and in accordance with State
law) determines prior to June 30, 1994, not to change the
designation of such agency, such agency may continue to be a
designated State agency for purposes of this subtitle.
(ii) Criteria for continued designation.--The
determination, at the discretion of the Governor (or the
legislature, as the case may be), shall be made after--
(I) the Governor has considered the comments and
recommendations of the general public and a majority of the
non-State agency members of the Council with respect to the
designation of such State agency; and
(II) the Governor (or the legislature, as the case may be)
has made an independent assessment that the designation of
such agency will not interfere with the budget, personnel,
priorities, or other action of the Council, and the ability
of the Council to serve as an independent advocate for
individuals with developmental disabilities.
(C) Review of designation.--The Council may request a
review of and change in the designation of the designated
State agency by the Governor (or the legislature, as the case
may be). The Council shall provide documentation concerning
the reason the Council desires a change to be made and make a
recommendation to the Governor (or the legislature, as the
case may be) regarding a preferred designated State agency.
(D) Appeal of designation.--After the review is completed
under subparagraph (C), a majority of the non-State agency
members of the Council may appeal to the Secretary for a
review of and change in the designation of the designated
State agency if the ability of the Council to serve as an
independent advocate is not assured because of the actions or
inactions of the designated State agency.
(3) Responsibilities.--
(A) In general.--The designated State agency shall, on
behalf of the State, have the responsibilities described in
subparagraphs (B) through (G).
[[Page H6989]]
(B) Support services.--The designated State agency shall
provide required assurances and support services as requested
by and negotiated with the Council.
(C) Fiscal responsibilities.--The designated State agency
shall--
(i) receive, account for, and disburse funds under this
subtitle based on the State plan required in section 124; and
(ii) provide for such fiscal control and fund accounting
procedures as may be necessary to assure the proper
disbursement of, and accounting for, funds paid to the State
under this subtitle.
(D) Records, access, and financial reports.--The designated
State agency shall keep and provide access to such records as
the Secretary and the Council may determine to be necessary.
The designated State agency, if other than the Council, shall
provide timely financial reports at the request of the
Council regarding the status of expenditures, obligations,
and liquidation by the agency or the Council, and the use of
the Federal and non-Federal shares described in section 126,
by the agency or the Council.
(E) Non-federal share.--The designated State agency, if
other than the Council, shall provide the required non-
Federal share described in section 126(c).
(F) Assurances.--The designated State agency shall assist
the Council in obtaining the appropriate State plan
assurances and in ensuring that the plan is consistent with
State law.
(G) Memorandum of understanding.--On the request of the
Council, the designated State agency shall enter into a
memorandum of understanding with the Council delineating the
roles and responsibilities of the designated State agency.
(4) Use of funds for designated state agency
responsibilities.--
(A) Condition for federal funding.--
(i) In general.--The Secretary shall provide amounts to a
State under section 124(c)(5)(B)(vi) for a fiscal year only
if the State expends an amount from State sources for
carrying out the responsibilities of the designated State
agency under paragraph (3) for the fiscal year that is not
less than the total amount the State expended from such
sources for carrying out similar responsibilities for the
previous fiscal year.
(ii) Exception.--Clause (i) shall not apply in a year in
which the Council is the designated State agency.
(B) Support services provided by other agencies.--With the
agreement of the designated State agency, the Council may use
or contract with agencies other than the designated State
agency to perform the functions of the designated State
agency.
SEC. 126. FEDERAL AND NON-FEDERAL SHARE.
(a) Aggregate Cost.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the Federal share of the cost of all projects in a State
supported by an allotment to the State under this subtitle
may not be more than 75 percent of the aggregate necessary
cost of such projects, as determined by the Secretary.
(2) Urban or rural poverty areas.--In the case of projects
whose activities or products target individuals with
developmental disabilities who live in urban or rural poverty
areas, as determined by the Secretary, the Federal share of
the cost of all such projects may not be more than 90 percent
of the aggregate necessary cost of such projects, as
determined by the Secretary.
(3) State plan activities.--In the case of projects
undertaken by the Council or Council staff to implement State
plan activities, the Federal share of the cost of all such
projects may be not more than 100 percent of the aggregate
necessary cost of such activities.
(b) Nonduplication.--In determining the amount of any
State's Federal share of the cost of such projects incurred
by such State under a State plan approved under section 124,
the Secretary shall not consider--
(1) any portion of such cost that is financed by Federal
funds provided under any provision of law other than section
122; and
(2) the amount of any non-Federal funds required to be
expended as a condition of receipt of the Federal funds
described in paragraph (1).
(c) Non-Federal Share.--
(1) In-kind contributions.--The non-Federal share of the
cost of any project supported by an allotment under this
subtitle may be provided in cash or in kind, fairly
evaluated, including plant, equipment, or services.
(2) Contributions of political subdivisions and public or
private entities.--
(A) In general.--Contributions to projects by a political
subdivision of a State or by a public or private entity under
an agreement with the State shall, subject to such
limitations and conditions as the Secretary may by regulation
prescribe under section 104(b), be considered to be
contributions by such State, in the case of a project
supported under this subtitle.
(B) State contributions.--State contributions, including
contributions by the designated State agency to provide
support services to the Council pursuant to section
125(d)(4), may be counted as part of such State's non-Federal
share of the cost of projects supported under this subtitle.
(3) Variations of the non-federal share.--The non-Federal
share required of each recipient of a grant from a Council
under this subtitle may vary.
SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING,
ADMINISTRATION, AND SERVICES.
Whenever the Secretary, after providing reasonable notice
and an opportunity for a hearing to the Council and the
designated State agency, finds that--
(1) the Council or agency has failed to comply
substantially with any of the provisions required by section
124 to be included in the State plan, particularly provisions
required by paragraphs (4)(A) and (5)(B)(vii) of section
124(c), or with any of the provisions required by section
125(b)(3); or
(2) the Council or agency has failed to comply
substantially with any regulations of the Secretary that are
applicable to this subtitle,
the Secretary shall notify such Council and agency that the
Secretary will not make further payments to the State under
section 122 (or, in the discretion of the Secretary, that
further payments to the State under section 122 for
activities for which there is such failure), until the
Secretary is satisfied that there will no longer be such
failure. Until the Secretary is so satisfied, the Secretary
shall make no further payments to the State under section
122, or shall limit further payments under section 122 to
such State to activities for which there is no such failure.
SEC. 128. APPEALS BY STATES.
(a) Appeal.--If any State is dissatisfied with the
Secretary's action under section 124(d)(3) or 127, such State
may appeal to the United States court of appeals for the
circuit in which such State is located, by filing a petition
with such court not later than 60 days after such action.
(b) Filing.--The clerk of the court shall transmit promptly
a copy of the petition to the Secretary, or any officer
designated by the Secretary for that purpose. The Secretary
shall file promptly with the court the record of the
proceedings on which the Secretary based the action, as
provided in section 2112 of title 28, United States Code.
(c) Jurisdiction.--Upon the filing of the petition, the
court shall have jurisdiction to affirm the action of the
Secretary or to set the action aside, in whole or in part,
temporarily or permanently. Until the filing of the record,
the Secretary may modify or set aside the order of the
Secretary relating to the action.
(d) Findings and Remand.--The findings of the Secretary
about the facts, if supported by substantial evidence, shall
be conclusive, but the court, for good cause shown, may
remand the case involved to the Secretary for further
proceedings to take further evidence. On remand, the
Secretary may make new or modified findings of fact and may
modify the previous action of the Secretary, and shall file
with the court the record of the further proceedings. Such
new or modified findings of fact shall likewise be conclusive
if supported by substantial evidence.
(e) Finality.--The judgment of the court affirming or
setting aside, in whole or in part, any action of the
Secretary shall be final, subject to review by the Supreme
Court of the United States upon certiorari or certification
as provided in section 1254 of title 28, United States Code.
(f) Effect.--The commencement of proceedings under this
section shall not, unless so specifically ordered by a court,
operate as a stay of the Secretary's action.
SEC. 129. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding for State Allotments.--Except as described in
subsection (b), there are authorized to be appropriated for
allotments under section 122 $76,000,000 for fiscal year 2001
and such sums as may be necessary for each of fiscal years
2002 through 2007.
(b) Reservation for Technical Assistance.--
(1) Lower appropriation years.--For any fiscal year for
which the amount appropriated under subsection (a) is less
than $76,000,000, the Secretary shall reserve funds in
accordance with section 163(c) to provide technical
assistance to entities funded under this subtitle.
(2) Higher appropriation years.--For any fiscal year for
which the amount appropriated under subsection (a) is not
less than $76,000,000, the Secretary shall reserve not less
than $300,000 and not more than 1 percent of the amount
appropriated under subsection (a) to provide technical
assistance to entities funded under this subtitle.
Subtitle C--Protection and Advocacy of Individual Rights
SEC. 141. PURPOSE.
The purpose of this subtitle is to provide for allotments
to support a protection and advocacy system (referred to in
this subtitle as a ``system'') in each State to protect the
legal and human rights of individuals with developmental
disabilities in accordance with this subtitle.
SEC. 142. ALLOTMENTS AND PAYMENTS.
(a) Allotments.--
(1) In general.--To assist States in meeting the
requirements of section 143(a), the Secretary shall allot to
the States the amounts appropriated under section 145 and not
reserved under paragraph (6). Allotments and reallotments of
such sums shall be made on the same basis as the allotments
and reallotments are made under subsections (a)(1)(A) and (e)
of section 122, except as provided in paragraph (2).
(2) Minimum allotments.--In any case in which--
(A) the total amount appropriated under section 145 for a
fiscal year is not less than $20,000,000, the allotment under
paragraph (1) for such fiscal year--
(i) to each of American Samoa, Guam, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana
Islands may not be less than $107,000; and
[[Page H6990]]
(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
[[Page H6991]]
assistance that individuals with developmental disabilities
who are served through home and community-based waivers
(authorized under section 1915(c) of the Social Security Act
(42 U.S.C. 1396n(c))) receive; and
(4) the agency implementing the system shall not be
redesignated unless--
(A) there is good cause for the redesignation;
(B) the State has given the agency notice of the intention
to make such redesignation, including notice regarding the
good cause for such redesignation, and given the agency an
opportunity to respond to the assertion that good cause has
been shown;
(C) the State has given timely notice and an opportunity
for public comment in an accessible format to individuals
with developmental disabilities or their representatives; and
(D) the system has an opportunity to appeal the
redesignation to the Secretary, on the basis that the
redesignation was not for good cause.
(b) American Indian Consortium.--Upon application to the
Secretary, an American Indian consortium established to
provide protection and advocacy services under this subtitle,
shall receive funding pursuant to section 142(a)(6) to
provide the services. Such consortium shall be considered to
be a system for purposes of this subtitle and shall
coordinate the services with other systems serving the same
geographic area. The tribal council that designates the
consortium shall carry out the responsibilities and exercise
the authorities specified for a State in this subtitle, with
regard to the consortium.
(c) Record.--In this section, the term ``record''
includes--
(1) a report prepared or received by any staff at any
location at which services, supports, or other assistance is
provided to individuals with developmental disabilities;
(2) a report prepared by an agency or staff person charged
with investigating reports of incidents of abuse or neglect,
injury, or death occurring at such location, that describes
such incidents and the steps taken to investigate such
incidents; and
(3) a discharge planning record.
SEC. 144. ADMINISTRATION.
(a) Governing Board.--In a State in which the system
described in section 143 is organized as a private nonprofit
entity with a multimember governing board, or a public system
with a multimember governing board, such governing board
shall be selected according to the policies and procedures of
the system, except that--
(1)(A) the governing board shall be composed of members who
broadly represent or are knowledgeable about the needs of the
individuals served by the system;
(B) a majority of the members of the board shall be--
(i) individuals with disabilities, including individuals
with developmental disabilities, who are eligible for
services, or have received or are receiving services through
the system; or
(ii) parents, family members, guardians, advocates, or
authorized representatives of individuals referred to in
clause (i); and
(C) the board may include a representative of the State
Council on Developmental Disabilities, the Centers in the
State, and the self-advocacy organization described in
section 124(c)(4)(A)(ii)(I);
(2) not more than \1/3\ of the members of the governing
board may be appointed by the chief executive officer of the
State involved, in the case of any State in which such
officer has the authority to appoint members of the board;
(3) the membership of the governing board shall be subject
to term limits set by the system to ensure rotating
membership;
(4) any vacancy in the board shall be filled not later than
60 days after the date on which the vacancy occurs; and
(5) in a State in which the system is organized as a public
system without a multimember governing or advisory board, the
system shall establish an advisory council--
(A) that shall advise the system on policies and priorities
to be carried out in protecting and advocating the rights of
individuals with developmental disabilities; and
(B) on which a majority of the members shall be--
(i) individuals with developmental disabilities who are
eligible for services, or have received or are receiving
services, through the system; or
(ii) parents, family members, guardians, advocates, or
authorized representatives of individuals referred to in
clause (i).
(b) Legal Action.--
(1) In general.--Nothing in this title shall preclude a
system from bringing a suit on behalf of individuals with
developmental disabilities against a State, or an agency or
instrumentality of a State.
(2) Use of amounts from judgment.--An amount received
pursuant to a suit described in paragraph (1) through a court
judgment may only be used by the system to further the
purpose of this subtitle and shall not be used to augment
payments to legal contractors or to award personal bonuses.
(3) Limitation.--The system shall use assistance provided
under this subtitle in a manner consistent with section 5 of
the Assisted Suicide Funding Restriction Act of 1997 (42
U.S.C. 14404).
(c) Disclosure of Information.--For purposes of any
periodic audit, report, or evaluation required under this
subtitle, the Secretary shall not require an entity carrying
out a program to disclose the identity of, or any other
personally identifiable information related to, any
individual requesting assistance under such program.
(d) Public Notice of Federal Onsite Review.--The Secretary
shall provide advance public notice of any Federal
programmatic or administrative onsite review of a system
conducted under this subtitle and solicit public comment on
the system through such notice. The Secretary shall prepare
an onsite visit report containing the results of such review,
which shall be distributed to the Governor of the State and
to other interested public and private parties. The comments
received in response to the public comment solicitation
notice shall be included in the onsite visit report.
(e) Reports.--Beginning in fiscal year 2002, each system
established in a State pursuant to this subtitle shall
annually prepare and transmit to the Secretary a report that
describes the activities, accomplishments, and expenditures
of the system during the preceding fiscal year, including a
description of the system's goals, the extent to which the
goals were achieved, barriers to their achievement, the
process used to obtain public input, the nature of such
input, and how such input was used.
SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
For allotments under section 142, there are authorized to
be appropriated $32,000,000 for fiscal year 2001 and such
sums as may be necessary for each of fiscal years 2002
through 2007.
Subtitle D--National Network of University Centers for Excellence in
Developmental Disabilities Education, Research, and Service
SEC. 151. GRANT AUTHORITY.
(a) National Network.--From appropriations authorized under
section 156(a)(1), the Secretary shall make 5-year grants to
entities in each State designated as University Centers for
Excellence in Developmental Disabilities Education, Research,
and Service to carry out activities described in section
153(a).
(b) National Training Initiatives.--From appropriations
authorized under section 156(a)(1) and reserved under section
156(a)(2), the Secretary shall make grants to Centers to
carry out activities described in section 153(b).
(c) Technical Assistance.--From appropriations authorized
under section 156(a)(1) and reserved under section 156(a)(3)
(or from funds reserved under section 163, as appropriate),
the Secretary shall enter into 1 or more cooperative
agreements or contracts for the purpose of providing
technical assistance described in section 153(c).
SEC. 152. GRANT AWARDS.
(a) Existing Centers.--
(1) In general.--In awarding and distributing grant funds
under section 151(a) for a fiscal year, the Secretary,
subject to the availability of appropriations and the
condition specified in subsection (d), shall award and
distribute grant funds in equal amounts of $500,000 (adjusted
in accordance with subsection (b)), to each Center that
existed during the preceding fiscal year and that meets the
requirements of this subtitle, prior to making grants under
subsection (c) or (d).
(2) Reduction of award.--Notwithstanding paragraph (1), if
the aggregate of the funds to be awarded to the Centers
pursuant to paragraph (1) for any fiscal year exceeds the
total amount appropriated under section 156 for such fiscal
year, the amount to be awarded to each Center for such fiscal
year shall be proportionately reduced.
(b) Adjustments.--Subject to the availability of
appropriations, for any fiscal year following a year in which
each Center described in subsection (a) received a grant
award of not less than $500,000 under subsection (a)
(adjusted in accordance with this subsection), the Secretary
shall adjust the awards to take into account the most recent
percentage change in the Consumer Price Index published by
the Secretary of Labor under section 100(c)(1) of the
Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the
percentage change indicates an increase), prior to making
grants under subsection (c) or (d).
(c) National Training Initiatives on Critical and Emerging
Needs.--Subject to the availability of appropriations, for
any fiscal year in which each Center described in subsection
(a) receives a grant award of not less than $500,000, under
subsection (a) (adjusted in accordance with subsection (b)),
after making the grant awards, the Secretary shall make
grants under section 151(b) to Centers to pay for the Federal
share of the cost of training initiatives related to the
unmet needs of individuals with developmental disabilities
and their families, as described in section 153(b).
(d) Additional Grants.--For any fiscal year in which each
Center described in subsection (a) receives a grant award of
not less than $500,000 under subsection (a) (adjusted in
accordance with subsection (b)), after making the grant
awards, the Secretary may make grants under section 151(a)
for activities described in section 153(a) to additional
Centers, or additional grants to Centers, for States or
populations that are unserved or underserved by Centers due
to such factors as--
(1) population;
(2) a high concentration of rural or urban areas; or
(3) a high concentration of unserved or underserved
populations.
SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES.
(a) National Network of University Centers for Excellence
in Developmental
[[Page H6992]]
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.--
[[Page H6993]]
(A) In general.--The Secretary, acting through the
Commissioner of the Administration on Developmental
Disabilities, may, notwithstanding--
(i) the provisions of title 5, United States Code,
concerning appointments to the competitive service; and
(ii) the provisions of chapter 51, and subchapter III of
chapter 53 of title 5, United States Code, concerning
classification and General Schedule pay rates;
establish such peer review groups and appoint and set the
rates of pay of members of such groups.
(B) Composition.--Each peer review group shall include such
individuals with disabilities and parents, guardians, or
advocates of or for individuals with developmental
disabilities, as are necessary to carry out this subsection.
(3) Waivers of approval.--The Secretary may waive the
provisions of paragraph (1) with respect to review and
approval of an application if the Secretary determines that
exceptional circumstances warrant such a waiver.
(d) Federal Share.--
(1) In general.--The Federal share of the cost of
administration or operation of a Center, or the cost of
carrying out a training initiative, supported by a grant made
under this subtitle may not be more than 75 percent of the
necessary cost of such project, as determined by the
Secretary.
(2) Urban or rural poverty areas.--In the case of a project
whose activities or products target individuals with
developmental disabilities who live in an urban or rural
poverty area, as determined by the Secretary, the Federal
share of the cost of the project may not be more than 90
percent of the necessary costs of the project, as determined
by the Secretary.
(3) Grant expenditures.--For the purpose of determining the
Federal share with respect to the project, expenditures on
that project by a political subdivision of a State or by a
public or private entity shall, subject to such limitations
and conditions as the Secretary may by regulation prescribe
under section 104(b), be considered to be expenditures made
by a Center under this subtitle.
(e) Annual Report.--Each Center shall annually prepare and
transmit to the Secretary a report containing--
(1) information on progress made in achieving the projected
goals of the Center for the previous year, including--
(A) the extent to which the goals were achieved;
(B) a description of the strategies that contributed to
achieving the goals;
(C) to the extent to which the goals were not achieved, a
description of factors that impeded the achievement; and
(D) an accounting of the manner in which funds paid to the
Center under this subtitle for a fiscal year were expended;
(2) information on proposed revisions to the goals; and
(3) a description of successful efforts to leverage funds,
other than funds made available under this subtitle, to
pursue goals consistent with this subtitle.
SEC. 155. DEFINITION.
In this subtitle, the term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, and Guam.
SEC. 156. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization and Reservations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this subtitle (other than section 153(c)(4))
$30,000,000 for fiscal year 2001 and such sums as may be
necessary for each of fiscal years 2002 through 2007.
(2) Reservation for training initiatives.--From any amount
appropriated for a fiscal year under paragraph (1) and
remaining after each Center described in section 152(a) has
received a grant award of not less than $500,000, as
described in section 152, the Secretary shall reserve funds
for the training initiatives authorized under section 153(b).
(3) Reservation for technical assistance.--
(A) Years before appropriation trigger.--For any covered
year, the Secretary shall reserve funds in accordance with
section 163(c) to fund technical assistance activities under
section 153(c) (other than section 153(c)(4)).
(B) Years after appropriation trigger.--For any fiscal year
that is not a covered year, the Secretary shall reserve not
less than $300,000 and not more than 2 percent of the amount
appropriated under paragraph (1) to fund technical assistance
activities under section 153(c) (other than section
153(c)(4)).
(C) Covered year.--In this paragraph, the term ``covered
year'' means a fiscal year prior to the first fiscal year for
which the amount appropriated under paragraph (1) is not less
than $20,000,000.
(b) Limitation.--The Secretary may not use, for peer review
or other activities directly related to peer review conducted
under this subtitle--
(1) for fiscal year 2001, more than $300,000 of the funds
made available under subsection (a); and
(2) for any succeeding fiscal year, more than the amount of
funds used for the peer review and related activities in
fiscal year 2001, adjusted to take into account the most
recent percentage change in the Consumer Price Index
published by the Secretary of Labor under section 100(c)(1)
of the Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if
the percentage change indicates an increase).
Subtitle E--Projects of National Significance
SEC. 161. PURPOSE.
The purpose of this subtitle is to provide grants,
contracts, or cooperative agreements for projects of national
significance that--
(1) create opportunities for individuals with developmental
disabilities to directly and fully contribute to, and
participate in, all facets of community life; and
(2) support the development of national and State policies
that reinforce and promote, with the support of families,
guardians, advocates, and communities, of individuals with
developmental disabilities, the self-determination,
independence, productivity, and integration and inclusion in
all facets of community life of such individuals through--
(A) family support activities;
(B) data collection and analysis;
(C) technical assistance to entities funded under subtitles
B and D, subject to the limitations described in sections
129(b), 156(a)(3), and 163(c); and
(D) other projects of sufficient size and scope that hold
promise to expand or improve opportunities for such
individuals, including--
(i) projects that provide technical assistance for the
development of information and referral systems;
(ii) projects that provide technical assistance to self-
advocacy organizations of individuals with developmental
disabilities;
(iii) projects that provide education for policymakers;
(iv) Federal interagency initiatives;
(v) projects that enhance the participation of racial and
ethnic minorities in public and private sector initiatives in
developmental disabilities;
(vi) projects that provide aid to transition youth with
developmental disabilities from school to adult life,
especially in finding employment and postsecondary education
opportunities and in upgrading and changing any assistive
technology devices that may be needed as a youth matures;
(vii) initiatives that address the development of community
quality assurance systems and the training related to the
development, implementation, and evaluation of such systems,
including training of individuals with developmental
disabilities and their families;
(viii) initiatives that address the needs of aging
individuals with developmental disabilities and aging
caregivers of adults with developmental disabilities in the
community;
(ix) initiatives that create greater access to and use of
generic services systems, community organizations, and
associations, and initiatives that assist in community
economic development;
(x) initiatives that create access to increased living
options;
(xi) initiatives that address the challenging behaviors of
individuals with developmental disabilities, including
initiatives that promote positive alternatives to the use of
restraints and seclusion; and
(xii) initiatives that address other areas of emerging
need.
SEC. 162. GRANT AUTHORITY.
(a) In General.--The Secretary shall award grants,
contracts, or cooperative agreements to public or private
nonprofit entities for projects of national significance
relating to individuals with developmental disabilities to
carry out activities described in section 161(2).
(b) Federal Interagency Initiatives.--
(1) In general.--
(A) Authority.--The Secretary may--
(i) enter into agreements with Federal agencies to jointly
carry out activities described in section 161(2) or to
jointly carry out activities of common interest related to
the objectives of such section; and
(ii) transfer to such agencies for such purposes funds
appropriated under this subtitle, and receive and use funds
from such agencies for such purposes.
(B) Relation to program purposes.--Funds transferred or
received pursuant to this paragraph shall be used only in
accordance with statutes authorizing the appropriation of
such funds. Such funds shall be made available through
grants, contracts, or cooperative agreements only to
recipients eligible to receive such funds under such
statutes.
(C) Procedures and criteria.--If the Secretary enters into
an agreement under this subsection for the administration of
a jointly funded project--
(i) the agreement shall specify which agency's procedures
shall be used to award grants, contracts, or cooperative
agreements and to administer such awards;
(ii) the participating agencies may develop a single set of
criteria for the jointly funded project, and may require
applicants to submit a single application for joint review by
such agencies; and
(iii) unless the heads of the participating agencies
develop joint eligibility requirements, an applicant for an
award for the project shall meet the eligibility requirements
of each program involved.
(2) Limitation.--The Secretary may not construe the
provisions of this subsection to take precedence over a
limitation on joint funding contained in an applicable
statute.
SEC. 163. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out the projects specified in this section $16,000,000
for fiscal year 2001, and such sums as may be necessary for
each of fiscal years 2002 through 2007.
[[Page H6994]]
(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--PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES
SEC. 201. 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. 202. 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. 203. 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. 204. 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.);
[[Page H6995]]
(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. 205. AUTHORIZATION OF APPROPRIATIONS.
(a) Scholarships.--There are authorized to be appropriated
to carry out section 203 $800,000 for fiscal year 2001 and
such sums as may be necessary for each of fiscal years 2002
through 2007.
(b) Staff Development Curriculum.--There are authorized to
be appropriated to carry out section 204 $800,000 for fiscal
year 2001 and such sums as may be necessary for each of
fiscal years 2002 and 2003.
TITLE III--REPEAL
SEC. 301. REPEAL.
(a) In General.--The Developmental Disabilities Assistance
and Bill of Rights Act (42 U.S.C. 6000 et seq.) is repealed.
(b) Conforming Amendments.--
(1) Individuals with disabilities education act.--Sections
644(b)(4) and 685(b)(4) of the Individuals with Disabilities
Education Act (20 U.S.C. 1444(b)(4), 1484a(b)(4)) are amended
by striking ``the Developmental Disabilities Assistance and
Bill of Rights Act'' and inserting ``the Developmental
Disabilities Assistance and Bill of Rights Act of 2000''.
(2) Native american housing assistance and self-
determination act of 1996.--Section 4(17)(C) of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103(17)(C)) is amended by striking ``as
defined in'' and all that follows and inserting ``as defined
in section 102 of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000.''.
(3) Rehabilitation act of 1973.--
(A) Section 105(c)(6) of the Rehabilitation Act of 1973 (29
U.S.C. 725(c)(6)) is amended by striking ``the State
Developmental Disabilities Council described in section 124
of the Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 6024)'' and inserting ``the State
Council on Developmental Disabilities established under
section 125 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000''.
(B) Sections 202(h)(2)(D)(iii) and 401(a)(5)(A) of the
Rehabilitation Act of 1973 (29 U.S.C. 762(h)(2)(D)(iii),
781(a)(5)(A)) are amended by striking ``Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6000 et seq.)'' and inserting ``Developmental Disabilities
Assistance and Bill of Rights Act of 2000''.
(C) Subsections (a)(1)(B)(i), (f)(2), and (m)(1) of section
509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e) are
amended by striking ``part C of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6041 et seq.)'' and inserting ``subtitle C of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000''.
(D) Section 509(f)(5)(B) of the Rehabilitation Act of 1973
(29 U.S.C. 794e(f)(5)(B)) is amended by striking
``Developmental Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6000 et seq.)'' and inserting ``Developmental
Disabilities Assistance and Bill of Rights Act of 2000''.
(4) Assistive technology act of 1998.--
(A) Section 3(a)(11)(A) of the Assistive Technology Act of
1998 (29 U.S.C. 3002(a)(11)(A)) is amended by striking ``part
C of the Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 6041 et seq.)'' and inserting
``subtitle C of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000''.
(B) Paragraphs (1) and (2) of section 102(a) of the
Assistive Technology Act of 1998 (29 U.S.C. 3012(a)) are
amended by striking ``Developmental Disabilities Assistance
and Bill of Rights Act (42 U.S.C. 6000 et seq.)'' and
inserting ``Developmental Disabilities Assistance and Bill of
Rights Act of 2000''.
(5) Health programs extension act of 1973.--Section 401(e)
of the Health Programs Extension Act of 1973 (42 U.S.C. 300a-
7(e)) is amended by striking ``or the'' and all that follows
through ``may deny'' and inserting ``or the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 may
deny''.
(6) Social security act.--
(A) Section 1919(c)(2)(B)(iii)(III) of the Social Security
Act (42 U.S.C. 1396r(c)(2)(B)(iii)(III)) is amended by
striking ``part C of the Developmental Disabilities
Assistance and Bill of Rights Act'' and inserting ``subtitle
C of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000''.
(B) Section 1930(d)(7) of the Social Security Act (42
U.S.C. 1396u(d)(7)) is amended by striking ``State Planning
Council established under section 124 of the Developmental
Disabilities Assistance and Bill of Rights Act, and the
Protection and Advocacy System established under section 142
of such Act'' and inserting ``State Council on Developmental
Disabilities established under section 125 of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000 and the protection and advocacy system established
under subtitle C of that Act''.
(7) United states housing act of 1937.--Section
3(b)(3)(E)(iii) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(3)(E)(iii)) is amended by striking
``developmental disability'' and all that follows and
inserting ``developmental disability as defined in section
102 of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000.''.
(8) Housing act of 1949.--The third sentence of section
501(b)(3) of the Housing Act of 1949 (42 U.S.C. 1471(b)(3))
is amended by striking ``developmental disability'' and all
that follows and inserting ``developmental disability as
defined in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000.''.
(9) Older americans act of 1965.--
(A) Section 203(b)(17) of the Older Americans Act of 1965
(42 U.S.C. 3013(b)(17)) is amended by striking
``Developmental Disabilities and Bill of Rights Act'' and
inserting ``Developmental Disabilities Assistance and Bill of
Rights Act of 2000''.
(B) Section 427(a) of the Older Americans Act of 1965 (42
U.S.C. 3035f(a)) is amended by striking ``part A of the
Developmental Disabilities Assistance and Bill of Rights Act
(42 U.S.C. 6001 et seq.)'' and inserting ``subtitle C of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000''.
(C) Section 429F(a)(1) of the Older Americans Act of 1965
(42 U.S.C. 3035n(a)(1)) is amended by striking ``section
102(5) of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6001(5))'' and inserting ``section
102 of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000''.
(D) Section 712(h)(6)(A) of the Older Americans Act of 1965
(42 U.S.C. 3058g(h)(6)(A)) is amended by striking ``part A of
the Developmental Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6001 et seq.)'' and inserting ``subtitle C of
the Developmental Disabilities Assistance and Bill of Rights
Act of 2000''.
(10) Crime victims with disabilities awareness act.--
Section 3 of the Crime Victims With Disabilities Awareness
Act (42 U.S.C. 3732 note) is amended by striking ``term'' and
all that follows and inserting the following ``term in
section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000.''.
(11) Cranston-gonzalez national affordable housing act.--
The third sentence of section 811(k)(2) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
8013(k)(2)) is amended by striking ``as defined'' and all
that follows and inserting ``as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000.''.
(12) State dependent care development grants act.--Section
670G(3) of the State Dependent Care Development Grants Act
(42 U.S.C. 9877(3)) is amended by striking ``section 102(7)
of the Developmental Disabilities Assistance and Bill of
Rights Act'' and inserting ``section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000''.
(13) Protection and advocacy for mentally ill individuals
act of 1986.--
(A) Section 102(2) of the Protection and Advocacy for
Mentally Ill Individuals Act of 1986 (42 U.S.C. 10802(2)) is
amended by striking ``part C of the Developmental
Disabilities Assistance and Bill of Rights Act'' and
inserting ``subtitle C of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000''.
(B) Section 114 of the Protection and Advocacy for Mentally
Ill Individuals Act of 1986 (42 U.S.C. 10824) is amended by
striking ``section 107(c) of the Developmental Disabilities
Assistance and Bill of Rights Act'' and inserting ``section
105 of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000''.
(14) Stewart b. mckinney homeless assistance act.--Section
422(2)(C) of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11382(2)(C)) is amended by striking ``as defined''
and all that follows and inserting ``as defined in section
102 of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000, or''.
(15) Assisted suicide funding restriction act of 1997.--
(A) Section 4 of the Assisted Suicide Funding Restriction
Act of 1997 (42 U.S.C. 14403) is amended--
(i) by striking the section heading and inserting the
following:
``SEC. 4. RESTRICTION ON USE OF FEDERAL FUNDS UNDER CERTAIN
GRANT PROGRAMS.'';
and
(ii) by striking ``part B, D, or E of the Developmental
Disabilities Assistance and Bill of Rights Act'' and
inserting ``subtitle B, D, or E of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000''.
(B) Section 5(b)(1) of the Assisted Suicide Funding
Restriction Act of 1997 (42 U.S.C. 14404(b)(1)) is amended by
striking subparagraph (A) and inserting the following:
``(A) Protection and advocacy systems under the
developmental disabilities assistance and bill of rights act
of 2000.--Subtitle C of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Lazio) and the gentleman from Ohio (Mr. Brown) each will
control 20 minutes.
The Chair recognizes the gentleman from New York (Mr. Lazio).
Mr. LAZIO. Mr. Speaker, I yield myself such time as I may consume.
[[Page H6996]]
Mr. Speaker, I would like to begin by thanking this House and, in
particular, the chairman, the gentleman from Virginia (Mr. Bliley), the
ranking member, the gentleman from Michigan (Mr. Dingell), and my
colleague, the gentleman from Maryland (Mr. Hoyer), for their help in
bringing this bill to the floor on this very special day.
Mr. Speaker, today is the 10th anniversary of a landmark piece of
civil rights legislation, the Americans with Disabilities Act. It is in
that spirit that I rise in support of the Developmental Disabilities
Assistance and Bill of Rights Act. This is good bipartisan legislation.
It is legislation that reflects the spirit of enterprise and ingenuity
that made America great. It is legislation that promotes self-
sufficiency, productivity, and community integration for those who
suffer from developmental disabilities.
This program provides basic State funding for local developmental
disability councils. It provides State grants for advocacy and
protection. It funds university-affiliated programs and programs of
national significance, all of which are vital to the services needed
for the disabled.
Mr. Speaker, those Americans who suffer from disabilities are no
different from the rest of us. They have ambitions and goals and dreams
and desires. They are people like Fred Klemm from Hauppauge, Long
Island, who has a wife and two children. He was a dietary assistant,
looking forward to going back to school, when disaster struck. Fred was
found in the Atlantic Ocean at Smith Point County Park in Long Island
after an accident on his jet ski. After four and a half months in the
hospital, Fred was transported to a rehab center to begin his recovery.
Fred now lives in an assisted living apartment, and is being helped
to relearn skills he will need to one day be able to live again
independently. Mr. Speaker, Fred's rehabilitation is being conducted by
the Long Island Head Injury Association. That is an independent not-
for-profit group that receives disability act funding through one of
the four programs reauthorized by this act, the basic States grants for
developmental disability councils.
Last year this Chamber lead the fight to improve the lives of
disabled Americans when we passed the Work Incentives Act. This allowed
disabled Americans to become taxpayers, to go back to the workforce
with the peace of mind and security to know that their health care was
traveling with them. This new law removes an enormous obstacle in the
path of disabled Americans who want to lead a life of self-sufficiency.
Yet our task to help the disabled is not nearly complete. Disabled
Americans need special services and support that will aid them in their
quest to gain the pride that comes with work and independence.
Since 1963, Mr. Speaker, the Developmental Disabilities Assistance
Act has helped America's most vulnerable citizens obtain the
productivity that benefits both them and us. And it does so in a way
that is consistent with principles of responsibility and restraint that
are at the core of our world view.
This bill provides flexibility for States to fashion programs that
respond to local problems. It is pro-family, by supporting the ability
of families to rear and nurture their developmentally disabled children
in their very own home. It is fiscally responsible, because most
activities are implemented at the State level, with only an extremely
small Federal agency to provide general oversight of this program. It
provides accountability for measurable results in programs serving the
disabled.
Mr. Speaker, we more fortunate Americans will be judged on how we
care for the less fortunate among us. Let us offer a hand up to some of
those who need it the very most. Let us reauthorize this program, and
let us pass this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, perhaps the two most important bills that were to be
considered on the July 25 calendar have gone into July 26. We have the
opportunity today, thanks to poor planning and bad priorities in this
Congress, to celebrate the 10th anniversary of the legislation the
gentleman from Maryland (Mr. Hoyer) worked so effectively on and was,
10 years ago, signed into law, on July 26 of 1990. So congratulations
to the gentleman from Maryland (Mr. Hoyer) for his work, as well as to
those Members of this Congress that were there then and helped pass
this legislation.
Mr. Speaker, I rise in support of 4920, the Developmental
Disabilities Assistance and Bill of Rights Act of 2000. I would like to
congratulate both the gentleman from Maryland (Mr. Hoyer) and the
gentleman from Ohio (Mr. Strickland), my colleague, for their long-
standing commitment to the 4.5 million Americans with developmental
disabilities.
The Developmental Disabilities Act has provided the basis for
America's disability policy since 1963. The programs addressed in this
bill, Mr. Speaker, provide more than a safety net for Americans with
developmental disabilities and their families. They are the catalysts
that enable these individuals to seek independence in their education,
in their lives, and in their work.
The legislation before us this morning reauthorizes funding for State
councils for disabilities, protection and advocacy systems, and
university centers for excellence in developmental disabilities in
education and research and service. These programs continue to work
with the States to broaden the scope of services and protection on an
as-needed basis.
H.R. 4920 sets new accountability goals for the DDA programs by
requiring each program to set measurable outcomes from which
performance evaluations can occur.
{time} 0020
This will allow compliance within the Department of Health and Human
Services with standards set by the Government Performance and Results
Act.
What I am disappointed to see missing from this bill is the Families
of Children With Disabilities Support Act of 1999, a provision
championed by my tireless colleague in the Senate, Mr. Harkin of Iowa.
This provision passed the Senate last November 1999 to nothing. What
this provision may have lacked in its size by comparison to the entire
bill was more than made up by its critical importance to American
families.
The Family Support Program extends funds to the States to establish
and improve services for families electing to keep a relative with a
developmental disability at home. This profamily program is
necessitated by progress. Medical advances have both improved the
health and lengthened the lives of individuals with developmental
disabilities, placing new burdens on aging parents and existing
resources.
Yet, the bill we are voting on this morning is marred by the absence
of this provision due to procedural tactics being used by members of
the Committee on Education and the Workforce.
As we gather in this Chamber on the 10th anniversary of the ADA, the
Americans with Disabilities Act, our collective celebration of the
freedom and progress its fostered for so many Americans and their
families is tempered and diminished without this very important,
crucial provision. Not standing behind the families of individuals with
developmental disabilities will eventually affect every component of
the developmental disabilities community infrastructure.
While I am pleased to support this important legislation to sustain
the great strides made by Americans with developmental disabilities, I
remain committed, Mr. Speaker, to working in conference to restore the
families support protections title to the final bill.
Mr. Speaker, I reserve the balance of my time.
Mr. LAZIO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the gentleman from Ohio (Mr. Brown) has raised a point
about title 2, and I have to share his opinion that it is unfortunate
that we do not have title 2, but as the gentleman well knows, it was
the only way to get this bill on the floor today to move this and we
are going to be readdressing this issue.
I strongly support grants to States to provide family support
programs. It is much more cost effective. As the gentleman knows, it is
better on the whole
[[Page H6997]]
to an individual with developmental disability to reside in their own
home.
And while the bill does not provide for such grants, I would say it
is unfortunate, but not a core issue to the bill. And I want to commit
to this House and to the gentleman from Ohio (Mr. Brown) that I will
fight diligently for such programs in the ensuing conference committee.
But, again, it was the only way for us to be able to address this bill
at this time, and I physically expect to have this included by the time
we get a conference report back from the House.
The second thing I would note, during negotiations on this bill, we
have heard from the voice of the retarded. They are concerned that this
bill will in some way lead to the profoundly retarded being denied
their choice of residential facility. As somebody who has worked very
hard for housing for the disabled, I have to tell my colleagues this is
of acute interest to me.
Mr. Speaker, I would like the Record to reflect that it is in no way
the intent of this Member or this body to facilitate or thwart any
State trends relating to the closure of institutions. I stand willing
to work with the VOR in the implementation of this act.
Mr. Speaker, I reserve the balance of my time.
Mr. BROWN of Ohio. Mr. Speaker, I yield 9 minutes to the gentleman
from Maryland (Mr. Hoyer), one of the real leaders in the House on this
whole issue of the Americans with Disabilities Act, and he has
continued that leadership in the decade since.
Mr. HOYER. Mr. Speaker, I thank the gentleman from Ohio (Mr. Brown),
my friend, the distinguished ranking member of the subcommittee who
does such an outstanding job on behalf of health of all Americans on
this subcommittee.
I am also pleased to join the gentleman from New York (Mr. Lazio) in
cosponsoring this particular piece of legislation. Mr. Speaker, I had
the great honor 11\1/2\ years ago of getting involved with members of
the disability community and Members of this House and, in particular,
a Member of the Republican side of the aisle, Steve Bartlett from
Texas, who worked on the passage of the Americans with Disabilities
Act.
It took us approximately 2 years or perhaps a little longer from the
initial introduction to its passage and to the signing by President
George Bush on July 26, 1990. Because of the length of today's session,
we have moved from the eve of that signing to the day of that signing.
Today is the 10th anniversary of the Americans with Disabilities Act.
That act has properly been called I think the most significant civil
rights act passed since 1965. From 1965 to 1990, it was a long time, a
quarter of a century in which we saw a significant segment of our
population discriminated against based upon their disability. What the
Americans with Disabilities Act said very loudly, clearly and
powerfully was that what we need to do in America is look at people's
ability, not their disability.
Mr. Speaker, we need to look at what people can do, what they can
contribute to a better America, and to a better life for themself. And
what we said was as it is wrong in America to discriminate against
people because of their race or their religion or national origin, it
is also wrong to discriminate against Americans based upon a disability
that we needed to look in a nondiscriminatorily way at what could be
done by individuals, what contribution they could make in employment,
in education, in transportation, in communication, in public
accommodations, in every area of our society.
That bill, as we look at its performance 10 years hence, has been a
success. It has not been a total success. There still is a long way to
go. Tony Coehlo, who was the principal sponsor before he left, and I
really took over his responsibility. When he left in 1989, Tony Coehlo
made the point today that we had come a long way, but we still had a
long way to go.
Another hero of the Americans with Disabilities Act, Justin Dart. I
am sure that many of my colleagues know Justin Dart was there today,
wheelchair bound and constricted by physical disability, but with a
spirit that is unconstrained by any physical disability, a spirit that
soars and impels all of us to understand the possibilities that life
can present if one has the will to take those possibilities.
Having said that, Mr. Speaker, I am pleased to be here tonight to
join the gentleman from New York (Mr. Lazio) and the gentleman from
Ohio (Mr. Brown) and others in supporting the passage of the
Developmental Disabilities Act.
Mr. Speaker, that act is a cornerstone of the disability policy and
has been in place since 1963, as has been pointed out, and was a
forerunner of the Americans with Disabilities Act, and in many ways was
the genesis of that act.
It has not been substantially reauthorized since 1994, and it is in
need of some updating. Just as our technology and science evolves
everyday, so do the strategies for reaching, engaging, and assisting
individuals with developmental disabilities.
Individuals with developmental disabilities often have multiple
evolving lifelong needs, Mr. Speaker, that require interaction with
agencies and organizations that offer specialized assistance, as well
as interaction with generic services in their communities.
The Developmental Disability Act seeks to provide, as I said, a voice
for those with disabilities as they negotiate the complicated system of
public services policies and organizations that we currently have in
place. The act seeks to provide families with the knowledge and tools
they need to help individuals with developmental disabilities become
integrated and included in their communities.
It seeks to foster true independence for those with developmental
disabilities, and it provides support to protect them from abuse and
neglect, something clearly that all of us would want.
This has been a long and arduous road for the act. The Senate worked
tirelessly with the disability community on this bill to ensure that
all voices were heard. They were, and as a result, the Senate passed
its version with title 2 included, 99 to zero.
{time} 0030
The version of the act that we are considering tonight is somewhat
different, as has been referenced. The act that my colleague from New
York (Mr. Lazio) and myself introduced yesterday, along with the
support of the gentleman from Virginia (Mr. Bliley), the gentleman from
Michigan (Mr. Dingell), the gentleman from Florida (Mr. Bilirakis) and
the gentleman from Ohio (Mr. Brown) included three titles.
Unfortunately, this one includes only two.
While I rise in strong support of this bill, I would also like to
reinforce my commitment to the segment of this bill that was struck by
amendment. The gentleman from New York (Mr. Lazio) has already done so,
and I look forward to working with him and the gentleman from Ohio (Mr.
Brown) in seeing passage of that title that is not in this bill at this
point in time.
Title II of the act would have authorized a funding to states for
support of families that have individuals with developmental
disabilities. That, unfortunately, was struck from the bill. I regret
that we were unable to get agreement on including this section, which
is in the jurisdiction of the Committee on Education and Workforce.
Hopefully, hopefully, before we adjourn for the year, we will be able
to pass a bill that includes that section.
Obviously, it was a difficult decision for many of us to drop this
section, as funding to states for family support was and is an
important provision in this bill, but we did not want to risk losing
the rest of the act as well. As my colleagues have already stated, we
intend to work very hard to have family support placed back into the
Developmental Disabilities Act during conference.
Mr. Speaker, I rise in strong support of this bill. It is especially
appropriate that we pass it today on the anniversary of the 10th year
since passing and signage of the Americans with Disabilities Act, an
act which said to every American, now 58 million of us who have a
disability of some type or another, said to those 58 million people
that the door of opportunity, the door to empowerment, is open to you.
You have to take the steps, or roll the chair, or in some way get
there, but we are going to make sure the door is open for you, and we
are going to make sure that we take reasonable steps, we call
[[Page H6998]]
them ``reasonable accommodations,'' that can be done within the
framework of reasonable expenses to make sure that the American dream
is yours as well, notwithstanding the fact that you may have a
disability that some of the rest of us do not have.
Passage of this bill tonight is another statement of this Congress to
a commitment for empowerment and inclusion of all Americans,
irrespective of some arbitrary and capricious distinction we might draw
which might otherwise shut them out of enjoying the American dream.
Mr. Speaker, I am pleased to have had this opportunity to cosponsor
and to speak in support of the passage of this bill tonight.
Mr. Speaker, tonight we commemorate the enactment of the most
sweeping civil rights legislation since the Civil Rights Act of 1964.
Ten years ago tomorrow--on July 26, 1990--President Bush signed the
historic ``Americans With Disabilities Act'' into law.
This bipartisan legislation prohibits discrimination against more
than 50 million disabled Americans--in employment, in public services,
in transportation, in public accommodations and in services operated by
private entities.
The ADA sent an unmistakable--and long overdue--message to all
Americans: It is unacceptable to discriminate against the disabled--to
relegate our brothers and sisters to the sideline of our society--
simply because they are disabled.
It is unacceptable and, under the ADA, it is illegal.
The disabled belong to the American family, and must share in all we
have to offer: equality of opportunity, full participation, independent
living and economic self-sufficiency.
I will never forget the President's words on July 26, 1990--nor the
setting.
More than 2,000 advocates for the disabled--some in wheelchairs, some
with interpreters, some with seeing-eye dogs--joined the President,
Members of Congress and others in the hot summer sun on the South Lawn
of the White House.
Some worried that the heat would cause the disabled too many medical
problems. But the disabled--who have suffered so many indignities, so
many unjustified acts of discrimination over the years--insisted on a
major outdoor ceremony.
And they deserved it.
Mr. Speaker, as the lead sponsor of the ADA in this House, that day
stands out as one of my proudest--especially when President Bush told
those gathered:
``Every man, woman and child with a disability can now pass through
once-closed doors into a bright new era of equality, independence and
freedom. Let the shameful wall of exclusion finally come tumbling
down.''
I would be remiss tonight if I did not mention the tireless efforts
of our former colleague in this House and my dear friend, Tony Coelho,
on behalf of the disabled and the ADA.
As many of you know, Tony now chairs the President's Committee on
Employment of People with Disabilities. You also may know that he has
epilepsy.
However, you may not be aware of the discrimination he has overcome.
When Tony's epilepsy was discovered some years ago, he was expelled
from the seminary where he was studying to become a priest, he had his
driver's license revoked, and his insurance company canceled his health
coverage.
Simply because he had a disability.
Today, because of the ADA, that type of unjustified and indefensible
discrimination is outlawed in America--as it should be.
I also want to thank and commend an organization in my District that
now serves more than 2,000 people with developmental disabilities.
Melwood, a non-profit organization based in Upper Marlboro, Maryland,
has assisted the disabled for 35 years. Today, it is a national model
in the areas of training, employment, housing and recreation.
There's no doubt that the ADA has promoted progress. The signs are
everywhere--ramps, curb cuts, braille signs, captioned TV programs, and
bus lifts.
So many disabled Americans have moved into the mainstream of American
life, holding down good paying jobs in a New Economy where information
and knowledge are key.
But while we commemorate the ADA tonight, let's not kid ourselves:
Tomorrow we must roll up our sleeves and continue to build the house of
opportunity and equality that we began 10 years ago.
While the unemployment rate in our country hovers around 4 percent,
unemployment among disabled Americans remains unacceptably high.
Just last week, the National Organization on Disability released the
findings from a Harris Survey of Americans with and without
disabilities, and those findings demonstrate how much work we have left
to do.
Only 32 percent of disabled people of working age work full or part
time compared to 81 percent of non-disabled Americans;
More than two-thirds (67 percent) of the disabled who are not
employed say they would prefer to work; and
People with disabilities are nearly three times as likely as those
without disabilities to live in households with total incomes of
$15,000 or less.
The Harris Survey also found that large gaps exist between people
with and without disabilities with regard to education, access to
transportation, health care, socializing, attendance at religious
services, political participation, and life satisfaction.
Many of these measures, of course, are directly linked to employment.
We know that a good job is the key to independence and self-
sufficiency.
Thus, I believe we should implement nothing short of a comprehensive
national strategy to address this unemployment crisis and continued
cycle of dependency.
First, we must continue to make sure that government programs empower
citizens and encourage them to seek employment in the private sector.
For example, the Ticket to Work and Work Incentive Act, which extends
Medicare coverage for disabled recipients who work, did just that. For
too many, the fear of losing health insurance has proved to be a
deterrent to work.
We also must redouble our commitment to the public-private
partnerships created during the last 10 years to expand employment
opportunities.
Further, in the New Economy, we must encourage disabled Americans to
develop their technological skills. Information and knowledge--rather
than brawn--are power and hold much promise for the disabled. Thus, we
need to improve education, job training and rehabilitation programs.
Additionally, we must address the criticisms and recommendations
contained in a recent report by the National Council on Disability.
That report found that the impact of the ADA has been diminished by the
lack of a cohesive, pro-active enforcement strategy. One of the
Council's principal recommendations is to direct the Department of
Justice to develop a strategic vision and plan for ADA enforcement
across federal agencies.
Finally, we can take a big step in renewing our commitment to
disabled Americans by passing the Development Disabilities
Reauthorization Act this week before Congress breaks for its summer
recess. This law is the cornerstone of disability policy, paving the
way for the ADA 10 years ago and providing services, support,
information and training for disabled Americans.
These issues must be addressed if the ADA is going to fulfill its
promise.
So as we gather today to commemorate this historic law, let's
recognize all that we've accomplished; let's renew our commitment to
the principles and spirit of the ADA; and let's realize that our work
is not done.
The ADA allowed us to tear down the wall of exclusion and pour a
strong foundation for the House of Equality. But that House--in which
Americans are judged by their ability and not their disability--is
still being built.
The promise remains unfulfilled, but still is within reach. Let's not
rest until we complete what we began 10 years ago.
Mr. LANTOS. Mr. Speaker, ten years ago this month the Congress
adopted the Americans with Disabilities Act (ADA). I am honored to have
been a Member of the Congress at that time and to have enthusiastically
supported the adoption of that legislation.
As you know, Mr. Speaker, the ADA is an historic civil rights law
that opened the doors to mainstream life for millions of Americans with
disabilities. The ADA has been a great success in helping the disabled
enter the work force, and it has helped changed the attitudes of
Americans towards the disabled.
While there is still work left to be done to accomplish the goals we
established in the Americans with Disabilities Act, on the tenth
anniversary of the passage of that law I would like to acknowledge the
importance of this legislation and its implementation in changing
attitudes towards the disabled over the past decade. Partly as a result
of the ADA, we now live in a society that has become more open-minded
and accepting of people with disabilities.
This change in attitudes has been greatest in the employment of
persons with disabilities, where it was feared
[[Page H6999]]
by many that inclusion would be too costly. As a result of the ADA,
businesses are employing more disabled Americans than ever before, and
employers have fund that the costs of accommodating the disabled are
small, while the gains have been great. These changes are a clear
signal that the ADA has helped secure for the disabled one of the most
fundamental rights we as citizens in a democracy cherish: the right to
pursue a career and earn a living wage.
Mr. Speaker, before the adoption of the ADA, disabled workers were
considered to be more expensive than what they could offer because
accommodating them was considered to be too costly by employers. Since
the Americans with Disabilities Act has passed, however, this attitude
has changed. Research has shown a majority of people making hiring
decisions--top executives and managers--now realize that hiring the
disabled is good for the bottom line. The passage and implementation of
the ADA has helped employers and employees realize that the disabled
have much to offer in terms of creating economic wealth for our nation.
On this 10th Anniversary of the adoption Americans with Disabilities
Act, we can also celebrate the success in changing popular attitudes
toward the disabled. Now millions of Americans function side-by-side
with disabled coworkers. They now know first hand that disabilities are
not an obstacle to making a contribution in the workplace and in
society generally.
However, even with these successes, there is still important work to
be done. Despite the increase in the number of disabled in the
workforce, currently there is still a high level of unemployment among
the disabled. Compounding the problem, under current law, if people
with disabilities work and earn over $500 per month, they lose cash
payments and health care coverage under Medicaid or Medicare. We need
to find solutions that do not penalize the disabled for becoming self-
sufficient. These problems are among many difficulties we need to
continue to work on in our fight to achieve the goals of the ADA.
Mr. Speaker, a recent study released by the National Organization on
Disability reveals persistent gaps in levels of participation between
people with disabilities and other Americans in employment, income,
education, socializing, religious and political participation, and
access to healthcare and transportation. The study revealed that while
those with disabilities continue to lag other Americans generally, we
have made encouraging progress in many areas--especially among younger
people with disabilities and among those with less severe disabilities.
We must do much more to unleash the talents and abilities of all our
citizens with disabilities who want to work and to participate and
contribute to the richness of our nation. Large numbers of people with
disabilities report conditions have improved and this reflects the
efforts by the disability community, employers, and community leaders,
as well as advances in technology and greater access as a result of the
enactment of the ADA.
Mr. Speaker, as we mark the 10th anniversary of the Americans with
Disabilities Act and the 25th anniversary of the Individuals with
Disabilities Education Act (IDEA) I urge my colleagues and all
Americans to join in recommitting ourselves to the goals of equality of
opportunity, full participation, independent living and economic self-
sufficiency for all peoples with disabilities as specified in the
Americans with Disabilities Act and the Individuals with Disabilities
Education Act. This requires us to assure adequate funding for
monitoring, oversight and enforcement of these laws.
Our Nation needs to harness the potential of all its citizens so that
our economy can continue to grow, our labor force can face the
challenges on the horizon, and we can continue to be a model of
diversity and inclusion for the world. We cannot allow an individual's
disability to limit a person's ability to make choices, pursue
meaningful careers or participate fully in all aspects of American
life.
Mr. THOMPSON of California. Mr. Speaker, today I recognize the
outstanding achievements accomplished since the inception of the
Americans with Disabilities Act (ADA) and the Individuals with
Disabilities Education Act (IDEA). Tomorrow, July 26, 2000, marks the
10th anniversary of ADA and the 25th anniversary of IDEA.
I also urge public leaders across this nation, Mr. Speaker, to join
me and take this opportunity to publicly dedicate themselves to the
ideas and principles that inform ADA and IDEA.
These two historic civil rights laws have provided 54 million
individuals with disabilities the opportunity to learn, work and be
fully integrated members of our society. Today, millions of children
are receiving free education due to IDEA and millions of adults have
their basic rights protected under ADA.
ADA is one of the most sweeping civil rights laws providing
nondiscrimination protection for individuals with disabilities.
Protections include rights in all aspects of employment, transportation
services, building accessibility and communication capabilities. TTY
devices alone have revolutionized the way individuals with hearing
impairment communicate.
To recognize the 10th Anniversary of ADA, a ``Spirit of ADA
Campaign'' has been created by the American Association of People with
Disabilities, highlighted by a cross-country Torch Relay. This event
kicked off in Houston, Texas on February 24th of this year, and will
continue through the beginning of November.
The Campaign and many other dedicated advocacy groups continue to
bring attention to the achievements and contributions of disabled
children and adults. They are committed to strengthening relationships
and coalitions between disabled people and their communities, and to
reinforcing support for ADA and IDEA's goals by renewing America's
commitments to both. By reaching out to children, adults, and
communities as a whole, these organizations connect and involve
countless Americans living with disabilities.
Mr. Speaker, this remarkable anniversary provides our colleagues and
other public officials the opportunity to rededicate ourselves to the
principles and goals of ADA and IDEA. In my congressional district,
Community Resources for Independence of Napa and Sonoma counties are
hosting an open house where special presentations will be made and
local elected officials will be signing a petition rededicating
themselves to the ideals of ADA and IDEA. It is appropriate and proper
for public officials to follow this example and recognize the 10th
Anniversary of ADA and the 25th Anniversary of IDEA, and the great
progress made since the enactment of these two monumental pieces of
legislation.
Mr. BROWN of Ohio. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
Mr. LAZIO. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Tancredo). The question is on the motion
offered by the gentleman from New York (Mr. Lazio) that the House
suspend the rules and pass the bill, H.R. 4920, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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