[Congressional Record (Bound Edition), Volume 146 (2000), Part 11]
[House]
[Pages 16252-16272]
[From the U.S. 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

[[Page 16253]]

     minority backgrounds are fully included in all activities 
     provided under this title;
       (9) family members, friends, and members of the community 
     can play an important role in enhancing the lives of 
     individuals with developmental disabilities, especially when 
     the family members, friends, and community members are 
     provided with the necessary community services, 
     individualized supports, and other forms of assistance;
       (10) current research indicates that 88 percent of 
     individuals with developmental disabilities live with their 
     families or in their own households;
       (11) many service delivery systems and communities are not 
     prepared to meet the impending needs of the 479,862 adults 
     with developmental disabilities who are living at home with 
     parents who are 60 years old or older and who serve as the 
     primary caregivers of the adults;
       (12) in almost every State, individuals with developmental 
     disabilities are waiting for appropriate services in their 
     communities, in the areas of emphasis;
       (13) the public needs to be made more aware of the 
     capabilities and competencies of individuals with 
     developmental disabilities, particularly in cases in which 
     the individuals are provided with necessary services, 
     supports, and other assistance;
       (14) as increasing numbers of individuals with 
     developmental disabilities are living, learning, working, and 
     participating in all aspects of community life, there is an 
     increasing need for a well trained workforce that is able to 
     provide the services, supports, and other forms of direct 
     assistance required to enable the individuals to carry out 
     those activities;
       (15) there needs to be greater effort to recruit 
     individuals from minority backgrounds into professions 
     serving individuals with developmental disabilities and their 
     families;
       (16) the goals of the Nation properly include a goal of 
     providing individuals with developmental disabilities with 
     the information, skills, opportunities, and support to--
       (A) make informed choices and decisions about their lives;
       (B) live in homes and communities in which such individuals 
     can exercise their full rights and responsibilities as 
     citizens;
       (C) pursue meaningful and productive lives;
       (D) contribute to their families, communities, and States, 
     and the Nation;
       (E) have interdependent friendships and relationships with 
     other persons;
       (F) live free of abuse, neglect, financial and sexual 
     exploitation, and violations of their legal and human rights; 
     and
       (G) achieve full integration and inclusion in society, in 
     an individualized manner, consistent with the unique 
     strengths, resources, priorities, concerns, abilities, and 
     capabilities of each individual; and
       (17) as the Nation, States, and communities maintain and 
     expand community living options for individuals with 
     developmental disabilities, there is a need to evaluate the 
     access to those options by individuals with developmental 
     disabilities and the effects of those options on individuals 
     with developmental disabilities.
       (b) Purpose.--The purpose of this title is to assure that 
     individuals with developmental disabilities and their 
     families participate in the design of and have access to 
     needed community services, individualized supports, and other 
     forms of assistance that promote self-determination, 
     independence, productivity, and integration and inclusion in 
     all facets of community life, through culturally competent 
     programs authorized under this title, including 
     specifically--
       (1) State Councils on Developmental Disabilities in each 
     State to engage in advocacy, capacity building, and systemic 
     change activities that--
       (A) are consistent with the purpose described in this 
     subsection and the policy described in subsection (c); and
       (B) contribute to a coordinated, consumer- and family-
     centered, consumer- and family-directed, comprehensive system 
     that includes needed community services, individualized 
     supports, and other forms of assistance that promote self-
     determination for individuals with developmental disabilities 
     and their families;
       (2) protection and advocacy systems in each State to 
     protect the legal and human rights of individuals with 
     developmental disabilities;
       (3) University Centers for Excellence in Developmental 
     Disabilities Education, Research, and Service--
       (A) to provide interdisciplinary pre-service preparation 
     and continuing education of students and fellows, which may 
     include the preparation and continuing education of 
     leadership, direct service, clinical, or other personnel to 
     strengthen and increase the capacity of States and 
     communities to achieve the purpose of this title;
       (B) to provide community services--
       (i) that provide training and technical assistance for 
     individuals with developmental disabilities, their families, 
     professionals, paraprofessionals, policymakers, students, and 
     other members of the community; and
       (ii) that may provide services, supports, and assistance 
     for the persons described in clause (i) through demonstration 
     and model activities;
       (C) to conduct research, which may include basic or applied 
     research, evaluation, and the analysis of public policy in 
     areas that affect or could affect, either positively or 
     negatively, individuals with developmental disabilities and 
     their families; and
       (D) to disseminate information related to activities 
     undertaken to address the purpose of this title, especially 
     dissemination of information that demonstrates that the 
     network authorized under this subtitle is a national and 
     international resource that includes specific substantive 
     areas of expertise that may be accessed and applied in 
     diverse settings and circumstances; and
       (4) funding for--
       (A) national initiatives to collect necessary data on 
     issues that are directly or indirectly relevant to the lives 
     of individuals with developmental disabilities;
       (B) technical assistance to entities who engage in or 
     intend to engage in activities consistent with the purpose 
     described in this subsection or the policy described in 
     subsection (c); and
       (C) other nationally significant activities.
       (c) Policy.--It is the policy of the United States that all 
     programs, projects, and activities receiving assistance under 
     this title shall be carried out in a manner consistent with 
     the principles that--
       (1) individuals with developmental disabilities, including 
     those with the most severe developmental disabilities, are 
     capable of self-determination, independence, productivity, 
     and integration and inclusion in all facets of community 
     life, but often require the provision of community services, 
     individualized supports, and other forms of assistance;
       (2) individuals with developmental disabilities and their 
     families have competencies, capabilities, and personal goals 
     that should be recognized, supported, and encouraged, and any 
     assistance to such individuals should be provided in an 
     individualized manner, consistent with the unique strengths, 
     resources, priorities, concerns, abilities, and capabilities 
     of such individuals;
       (3) individuals with developmental disabilities and their 
     families are the primary decisionmakers regarding the 
     services and supports such individuals and their families 
     receive, including regarding choosing where the individuals 
     live from available options, and play decisionmaking roles in 
     policies and programs that affect the lives of such 
     individuals and their families;
       (4) services, supports, and other assistance should be 
     provided in a manner that demonstrates respect for individual 
     dignity, personal preferences, and cultural differences;
       (5) specific efforts must be made to ensure that 
     individuals with developmental disabilities from racial and 
     ethnic minority backgrounds and their families enjoy 
     increased and meaningful opportunities to access and use 
     community services, individualized supports, and other forms 
     of assistance available to other individuals with 
     developmental disabilities and their families;
       (6) recruitment efforts in disciplines related to 
     developmental disabilities relating to pre-service training, 
     community training, practice, administration, and 
     policymaking must focus on bringing larger numbers of racial 
     and ethnic minorities into the disciplines in order to 
     provide appropriate skills, knowledge, role models, and 
     sufficient personnel to address the growing needs of an 
     increasingly diverse population;
       (7) with education and support, communities can be 
     accessible to and responsive to the needs of individuals with 
     developmental disabilities and their families and are 
     enriched by full and active participation in community 
     activities, and contributions, by individuals with 
     developmental disabilities and their families;
       (8) individuals with developmental disabilities have access 
     to opportunities and the necessary support to be included in 
     community life, have interdependent relationships, live in 
     homes and communities, and make contributions to their 
     families, communities, and States, and the Nation;
       (9) efforts undertaken to maintain or expand community-
     based living options for individuals with disabilities should 
     be monitored in order to determine and report to appropriate 
     individuals and entities the extent of access by individuals 
     with developmental disabilities to those options and the 
     extent of compliance by entities providing those options with 
     quality assurance standards;
       (10) families of children with developmental disabilities 
     need to have access to and use of safe and appropriate child 
     care and before-school and after-school programs, in the most 
     integrated settings, in order to enrich the participation of 
     the children in community life;
       (11) individuals with developmental disabilities need to 
     have access to and use of public transportation, in order to 
     be independent and directly contribute to and participate in 
     all facets of community life; and
       (12) individuals with developmental disabilities need to 
     have access to and use of recreational, leisure, and social 
     opportunities in the most integrated settings, in order to 
     enrich their participation in community life.

     SEC. 102. DEFINITIONS.

       In this title:

[[Page 16254]]

       (1) American indian consortium.--The term ``American Indian 
     Consortium'' means any confederation of 2 or more recognized 
     American Indian tribes, created through the official action 
     of each participating tribe, that has a combined total 
     resident population of 150,000 enrolled tribal members and a 
     contiguous territory of Indian lands in 2 or more States.
       (2) Areas of emphasis.--The term ``areas of emphasis'' 
     means the areas related to quality assurance activities, 
     education activities and early intervention activities, child 
     care-related activities, health-related activities, 
     employment-related activities, housing-related activities, 
     transportation-related activities, recreation-related 
     activities, and other services available or offered to 
     individuals in a community, including formal and informal 
     community supports, that affect their quality of life.
       (3) Assistive technology device.--The term ``assistive 
     technology device'' means any item, piece of equipment, or 
     product system, whether acquired commercially, modified or 
     customized, that is used to increase, maintain, or improve 
     functional capabilities of individuals with developmental 
     disabilities.
       (4) Assistive technology service.--The term ``assistive 
     technology service'' means any service that directly assists 
     an individual with a developmental disability in the 
     selection, acquisition, or use of an assistive technology 
     device. Such term includes--
       (A) conducting an evaluation of the needs of an individual 
     with a developmental disability, including a functional 
     evaluation of the individual in the individual's customary 
     environment;
       (B) purchasing, leasing, or otherwise providing for the 
     acquisition of an assistive technology device by an 
     individual with a developmental disability;
       (C) selecting, designing, fitting, customizing, adapting, 
     applying, maintaining, repairing or replacing an assistive 
     technology device;
       (D) coordinating and using another therapy, intervention, 
     or service with an assistive technology device, such as a 
     therapy, intervention, or service associated with an 
     education or rehabilitation plan or program;
       (E) providing training or technical assistance for an 
     individual with a developmental disability, or, where 
     appropriate, a family member, guardian, advocate, or 
     authorized representative of an individual with a 
     developmental disability; and
       (F) providing training or technical assistance for 
     professionals (including individuals providing education and 
     rehabilitation services), employers, or other individuals who 
     provide services to, employ, or are otherwise substantially 
     involved in the major life functions of, an individual with 
     developmental disabilities.
       (5) Center.--The term ``Center'' means a University Center 
     for Excellence in Developmental Disabilities Education, 
     Research, and Service established under subtitle D.
       (6) Child care-related activities.--The term ``child care-
     related activities'' means advocacy, capacity building, and 
     systemic change activities that result in families of 
     children with developmental disabilities having access to and 
     use of child care services, including before-school, after-
     school, and out-of-school services, in their communities.
       (7) Culturally competent.--The term ``culturally 
     competent'', used with respect to services, supports, or 
     other assistance, means services, supports, or other 
     assistance that is conducted or provided in a manner that is 
     responsive to the beliefs, interpersonal styles, attitudes, 
     language, and behaviors of individuals who are receiving the 
     services, supports, or other assistance, and in a manner that 
     has the greatest likelihood of ensuring their maximum 
     participation in the program involved.
       (8) Developmental disability.--
       (A) In general.--The term ``developmental disability'' 
     means a severe, chronic disability of an individual that--
       (i) is attributable to a mental or physical impairment or 
     combination of mental and physical impairments;
       (ii) is manifested before the individual attains age 22;
       (iii) is likely to continue indefinitely;
       (iv) results in substantial functional limitations in 3 or 
     more of the following areas of major life activity:

       (I) Self-care.
       (II) Receptive and expressive language.
       (III) Learning.
       (IV) Mobility.
       (V) Self-direction.
       (VI) Capacity for independent living.
       (VII) Economic self-sufficiency; and

       (v) reflects the individual's need for a combination and 
     sequence of special, interdisciplinary, or generic services, 
     individualized supports, or other forms of assistance that 
     are of lifelong or extended duration and are individually 
     planned and coordinated.
       (B) Infants and young children.--An individual from birth 
     to age 9, inclusive, who has a substantial developmental 
     delay or specific congenital or acquired condition, may be 
     considered to have a developmental disability without meeting 
     3 or more of the criteria described in clauses (i) through 
     (v) of subparagraph (A) if the individual, without services 
     and supports, has a high probability of meeting those 
     criteria later in life.
       (9) Early intervention activities.--The term ``early 
     intervention activities'' means advocacy, capacity building, 
     and systemic change activities provided to individuals 
     described in paragraph (8)(B) and their families to enhance--
       (A) the development of the individuals to maximize their 
     potential; and
       (B) the capacity of families to meet the special needs of 
     the individuals.
       (10) Education activities.--The term ``education 
     activities'' means advocacy, capacity building, and systemic 
     change activities that result in individuals with 
     developmental disabilities being able to access appropriate 
     supports and modifications when necessary, to maximize their 
     educational potential, to benefit from lifelong educational 
     activities, and to be integrated and included in all facets 
     of student life.
       (11) Employment-related activities.--The term ``employment-
     related activities'' means advocacy, capacity building, and 
     systemic change activities that result in individuals with 
     developmental disabilities acquiring, retaining, or advancing 
     in paid employment, including supported employment or self-
     employment, in integrated settings in a community.
       (12) Family support services.--
       (A) In general.--The term ``family support services'' means 
     services, supports, and other assistance, provided to 
     families with members who have developmental disabilities, 
     that are designed to--
       (i) strengthen the family's role as primary caregiver;
       (ii) prevent inappropriate out-of-the-home placement of the 
     members and maintain family unity; and
       (iii) reunite families with members who have been placed 
     out of the home whenever possible.
       (B) Specific services.--Such term includes respite care, 
     provision of rehabilitation technology and assistive 
     technology, personal assistance services, parent training and 
     counseling, support for families headed by aging caregivers, 
     vehicular and home modifications, and assistance with 
     extraordinary expenses, associated with the needs of 
     individuals with developmental disabilities.
       (13) Health-related activities.--The term ``health-related 
     activities'' means advocacy, capacity building, and systemic 
     change activities that result in individuals with 
     developmental disabilities having access to and use of 
     coordinated health, dental, mental health, and other human 
     and social services, including prevention activities, in 
     their communities.
       (14) Housing-related activities.--The term ``housing-
     related activities'' means advocacy, capacity building, and 
     systemic change activities that result in individuals with 
     developmental disabilities having access to and use of 
     housing and housing supports and services in their 
     communities, including assistance related to renting, owning, 
     or modifying an apartment or home.
       (15) Inclusion.--The term ``inclusion'', used with respect 
     to individuals with developmental disabilities, means the 
     acceptance and encouragement of the presence and 
     participation of individuals with developmental disabilities, 
     by individuals without disabilities, in social, educational, 
     work, and community activities, that enables individuals with 
     developmental disabilities to--
       (A) have friendships and relationships with individuals and 
     families of their own choice;
       (B) live in homes close to community resources, with 
     regular contact with individuals without disabilities in 
     their communities;
       (C) enjoy full access to and active participation in the 
     same community activities and types of employment as 
     individuals without disabilities; and
       (D) take full advantage of their integration into the same 
     community resources as individuals without disabilities, 
     living, learning, working, and enjoying life in regular 
     contact with individuals without disabilities.
       (16) Individualized supports.--The term ``individualized 
     supports'' means supports that--
       (A) enable an individual with a developmental disability to 
     exercise self-determination, be independent, be productive, 
     and be integrated and included in all facets of community 
     life;
       (B) are designed to--
       (i) enable such individual to control such individual's 
     environment, permitting the most independent life possible;
       (ii) prevent placement into a more restrictive living 
     arrangement than is necessary; and
       (iii) enable such individual to live, learn, work, and 
     enjoy life in the community; and
       (C) include--
       (i) early intervention services;
       (ii) respite care;
       (iii) personal assistance services;
       (iv) family support services;
       (v) supported employment services;
       (vi) support services for families headed by aging 
     caregivers of individuals with developmental disabilities; 
     and
       (vii) provision of rehabilitation technology and assistive 
     technology, and assistive technology services.
       (17) Integration.--The term ``integration'', used with 
     respect to individuals with

[[Page 16255]]

     developmental disabilities, means exercising the equal right 
     of individuals with developmental disabilities to access and 
     use the same community resources as are used by and available 
     to other individuals.
       (18) Not-for-profit.--The term ``not-for-profit'', used 
     with respect to an agency, institution, or organization, 
     means an agency, institution, or organization that is owned 
     or operated by 1 or more corporations or associations, no 
     part of the net earnings of which inures, or may lawfully 
     inure, to the benefit of any private shareholder or 
     individual.
       (19) Personal assistance services.--The term ``personal 
     assistance services'' means a range of services, provided by 
     1 or more individuals, designed to assist an individual with 
     a disability to perform daily activities, including 
     activities on or off a job that such individual would 
     typically perform if such individual did not have a 
     disability. Such services shall be designed to increase such 
     individual's control in life and ability to perform everyday 
     activities, including activities on or off a job.
       (20) Prevention activities.--The term ``prevention 
     activities'' means activities that address the causes of 
     developmental disabilities and the exacerbation of functional 
     limitation, such as activities that--
       (A) eliminate or reduce the factors that cause or 
     predispose individuals to developmental disabilities or that 
     increase the prevalence of developmental disabilities;
       (B) increase the early identification of problems to 
     eliminate circumstances that create or increase functional 
     limitations; and
       (C) mitigate against the effects of developmental 
     disabilities throughout the lifespan of an individual.
       (21) Productivity.--The term ``productivity'' means--
       (A) engagement in income-producing work that is measured by 
     increased income, improved employment status, or job 
     advancement; or
       (B) engagement in work that contributes to a household or 
     community.
       (22) Protection and advocacy system.--The term ``protection 
     and advocacy system'' means a protection and advocacy system 
     established in accordance with section 143.
       (23) Quality assurance activities.--The term ``quality 
     assurance activities'' means advocacy, capacity building, and 
     systemic change activities that result in improved consumer- 
     and family-centered quality assurance and that result in 
     systems of quality assurance and consumer protection that--
       (A) include monitoring of services, supports, and 
     assistance provided to an individual with developmental 
     disabilities that ensures that the individual--
       (i) will not experience abuse, neglect, sexual or financial 
     exploitation, or violation of legal or human rights; and
       (ii) will not be subject to the inappropriate use of 
     restraints or seclusion;
       (B) include training in leadership, self-advocacy, and 
     self-determination for individuals with developmental 
     disabilities, their families, and their guardians to ensure 
     that those individuals--
       (i) will not experience abuse, neglect, sexual or financial 
     exploitation, or violation of legal or human rights; and
       (ii) will not be subject to the inappropriate use of 
     restraints or seclusion; or
       (C) include activities related to interagency coordination 
     and systems integration that result in improved and enhanced 
     services, supports, and other assistance that contribute to 
     and protect the self-determination, independence, 
     productivity, and integration and inclusion in all facets of 
     community life, of individuals with developmental 
     disabilities.
       (24) Recreation-related activities.--The term ``recreation-
     related activities'' means advocacy, capacity building, and 
     systemic change activities that result in individuals with 
     developmental disabilities having access to and use of 
     recreational, leisure, and social activities, in their 
     communities.
       (25) Rehabilitation technology.--The term ``rehabilitation 
     technology'' means the systematic application of 
     technologies, engineering methodologies, or scientific 
     principles to meet the needs of, and address the barriers 
     confronted by, individuals with developmental disabilities in 
     areas that include education, rehabilitation, employment, 
     transportation, independent living, and recreation. Such term 
     includes rehabilitation engineering, and the provision of 
     assistive technology devices and assistive technology 
     services.
       (26) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (27) Self-determination activities.--The term ``self-
     determination activities'' means activities that result in 
     individuals with developmental disabilities, with appropriate 
     assistance, having--
       (A) the ability and opportunity to communicate and make 
     personal decisions;
       (B) the ability and opportunity to communicate choices and 
     exercise control over the type and intensity of services, 
     supports, and other assistance the individuals receive;
       (C) the authority to control resources to obtain needed 
     services, supports, and other assistance;
       (D) opportunities to participate in, and contribute to, 
     their communities; and
       (E) support, including financial support, to advocate for 
     themselves and others, to develop leadership skills, through 
     training in self-advocacy, to participate in coalitions, to 
     educate policymakers, and to play a role in the development 
     of public policies that affect individuals with developmental 
     disabilities.
       (28) State.--The term ``State'', except as otherwise 
     provided, includes, in addition to each of the several States 
     of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.
       (29) State council on developmental disabilities.--The term 
     ``State Council on Developmental Disabilities'' means a 
     Council established under section 125.
       (30) Supported employment services.--The term ``supported 
     employment services'' means services that enable individuals 
     with developmental disabilities to perform competitive work 
     in integrated work settings, in the case of individuals with 
     developmental disabilities--
       (A)(i) for whom competitive employment has not 
     traditionally occurred; or
       (ii) for whom competitive employment has been interrupted 
     or intermittent as a result of significant disabilities; and
       (B) who, because of the nature and severity of their 
     disabilities, need intensive supported employment services or 
     extended services in order to perform such work.
       (31) Transportation-related activities.--The term 
     ``transportation-related activities'' means advocacy, 
     capacity building, and systemic change activities that result 
     in individuals with developmental disabilities having access 
     to and use of transportation.
       (32) Unserved and underserved.--The term ``unserved and 
     underserved'' includes populations such as individuals from 
     racial and ethnic minority backgrounds, disadvantaged 
     individuals, individuals with limited English proficiency, 
     individuals from underserved geographic areas (rural or 
     urban), and specific groups of individuals within the 
     population of individuals with developmental disabilities, 
     including individuals who require assistive technology in 
     order to participate in and contribute to community life.

     SEC. 103. RECORDS AND AUDITS.

       (a) Records.--Each recipient of assistance under this title 
     shall keep such records as the Secretary shall prescribe, 
     including--
       (1) records that fully disclose--
       (A) the amount and disposition by such recipient of the 
     assistance;
       (B) the total cost of the project or undertaking in 
     connection with which such assistance is given or used; and
       (C) the amount of that portion of the cost of the project 
     or undertaking that is supplied by other sources; and
       (2) such other records as will facilitate an effective 
     audit.
       (b) Access.--The Secretary and the Comptroller General of 
     the United States, or any of their duly authorized 
     representatives, shall have access for the purpose of audit 
     and examination to any books, documents, papers, and records 
     of the recipients of assistance under this title that are 
     pertinent to such assistance.

     SEC. 104. RESPONSIBILITIES OF THE SECRETARY.

       (a) Program Accountability.--
       (1) In general.--In order to monitor entities that received 
     funds under this Act to carry out activities under subtitles 
     B, C, and D and determine the extent to which the entities 
     have been responsive to the purpose of this title and have 
     taken actions consistent with the policy described in section 
     101(c), the Secretary shall develop and implement an 
     accountability process as described in this subsection, with 
     respect to activities conducted after October 1, 2001.
       (2) Areas of emphasis.--The Secretary shall develop a 
     process for identifying and reporting (pursuant to section 
     105) on progress achieved through advocacy, capacity 
     building, and systemic change activities, undertaken by the 
     entities described in paragraph (1), that resulted in 
     individuals with developmental disabilities and their 
     families participating in the design of and having access to 
     needed community services, individualized supports, and other 
     forms of assistance that promote self-determination, 
     independence, productivity, and integration and inclusion in 
     all facets of community life. Specifically, the Secretary 
     shall develop a process for identifying and reporting on 
     progress achieved, through advocacy, capacity building, and 
     systemic change activities, by the entities in the areas of 
     emphasis.
       (3) Indicators of progress.--
       (A) In general.--In identifying progress made by the 
     entities described in paragraph (1) in the areas of emphasis, 
     the Secretary, in consultation with the Commissioner of the 
     Administration on Developmental Disabilities and the 
     entities, shall develop indicators for each area of emphasis.
       (B) Proposed indicators.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall develop 
     and publish in the Federal Register for public comment 
     proposed indicators of progress for monitoring how entities 
     described in paragraph (1) have addressed the areas of 
     emphasis described in paragraph (2) in a manner that is 
     responsive to the purpose of this title and

[[Page 16256]]

     consistent with the policy described in section 101(c).
       (C) Final indicators.--Not later than October 1, 2001, the 
     Secretary shall revise the proposed indicators of progress, 
     to the extent necessary based on public comment, and publish 
     final indicators of progress in the Federal Register.
       (D) Specific measures.--At a minimum, the indicators of 
     progress shall be used to describe and measure--
       (i) the satisfaction of individuals with developmental 
     disabilities with the advocacy, capacity building, and 
     systemic change activities provided under subtitles B, C, and 
     D;
       (ii) the extent to which the advocacy, capacity building, 
     and systemic change activities provided through subtitles B, 
     C, and D result in improvements in--

       (I) the ability of individuals with developmental 
     disabilities to make choices and exert control over the type, 
     intensity, and timing of services, supports, and assistance 
     that the individuals have used;
       (II) the ability of individuals with developmental 
     disabilities to participate in the full range of community 
     life with persons of the individuals' choice; and
       (III) the ability of individuals with developmental 
     disabilities to access services, supports, and assistance in 
     a manner that ensures that such an individual is free from 
     abuse, neglect, sexual and financial exploitation, violation 
     of legal and human rights, and the inappropriate use of 
     restraints and seclusion; and

       (iii) the extent to which the entities described in 
     paragraph (1) collaborate with each other to achieve the 
     purpose of this title and the policy described in section 
     101(c).
       (4) Time line for compliance with indicators of progress.--
     The Secretary shall require entities described in paragraph 
     (1) to meet the indicators of progress described in paragraph 
     (3). For fiscal year 2002 and each year thereafter, the 
     Secretary shall apply the indicators in monitoring entities 
     described in paragraph (1), with respect to activities 
     conducted after October 1, 2001.
       (b) Time Line for Regulations.--Except as otherwise 
     expressly provided in this title, the Secretary, not later 
     than 1 year after the date of enactment of this Act, shall 
     promulgate such regulations as may be required for the 
     implementation of this title.
       (c) Interagency Committee.--
       (1) In general.--The Secretary shall maintain the 
     interagency committee authorized in section 108 of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     (42 U.S.C. 6007) as in effect on the day before the date of 
     enactment of this Act, except as otherwise provided in this 
     subsection.
       (2) Composition.--The interagency committee shall be 
     composed of representatives of--
       (A) the Administration on Developmental Disabilities, the 
     Administration on Children, Youth, and Families, the 
     Administration on Aging, and the Health Resources and 
     Services Administration, of the Department of Health and 
     Human Services; and
       (B) such other Federal departments and agencies as the 
     Secretary of Health and Human Services considers to be 
     appropriate.
       (3) Duties.--Such interagency committee shall meet 
     regularly to coordinate and plan activities conducted by 
     Federal departments and agencies for individuals with 
     developmental disabilities.
       (4) Meetings.--Each meeting of the interagency committee 
     (except for any meetings of any subcommittees of the 
     committee) shall be open to the public. Notice of each 
     meeting, and a statement of the agenda for the meeting, shall 
     be published in the Federal Register not later than 14 days 
     before the date on which the meeting is to occur.

     SEC. 105. REPORTS OF THE SECRETARY.

       At least once every 2 years, the Secretary, using 
     information submitted in the reports and information required 
     under subtitles B, C, D, and E, shall prepare and submit to 
     the President, Congress, and the National Council on 
     Disability, a report that describes the goals and outcomes of 
     programs supported under subtitles B, C, D, and E. In 
     preparing the report, the Secretary shall provide--
       (1) meaningful examples of how the councils, protection and 
     advocacy systems, centers, and entities funded under 
     subtitles B, C, D, and E, respectively--
       (A) have undertaken coordinated activities with each other;
       (B) have enhanced the ability of individuals with 
     developmental disabilities and their families to participate 
     in the design of and have access to needed community 
     services, individualized supports, and other forms of 
     assistance that promote self-determination, independence, 
     productivity, and integration and inclusion in all facets of 
     community life;
       (C) have brought about advocacy, capacity building, and 
     systemic change activities (including policy reform), and 
     other actions on behalf of individuals with developmental 
     disabilities and their families, including individuals who 
     are traditionally unserved or underserved, particularly 
     individuals who are members of ethnic and racial minority 
     groups and individuals from underserved geographic areas; and
       (D) have brought about advocacy, capacity building, and 
     systemic change activities that affect individuals with 
     disabilities other than individuals with developmental 
     disabilities;
       (2) information on the extent to which programs authorized 
     under this title have addressed--
       (A) protecting individuals with developmental disabilities 
     from abuse, neglect, sexual and financial exploitation, and 
     violations of legal and human rights, so that those 
     individuals are at no greater risk of harm than other persons 
     in the general population; and
       (B) reports of deaths of and serious injuries to 
     individuals with developmental disabilities; and
       (3) a summary of any incidents of noncompliance of the 
     programs authorized under this title with the provisions of 
     this title, and corrections made or actions taken to obtain 
     compliance.

     SEC. 106. STATE CONTROL OF OPERATIONS.

       Except as otherwise specifically provided, nothing in this 
     title shall be construed as conferring on any Federal officer 
     or employee the right to exercise any supervision or control 
     over the administration, personnel, maintenance, or operation 
     of any programs, services, and supports for individuals with 
     developmental disabilities with respect to which any funds 
     have been or may be expended under this title.

     SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.

       As a condition of providing assistance under this title, 
     the Secretary shall require that each recipient of such 
     assistance take affirmative action to employ and advance in 
     employment qualified individuals with disabilities on the 
     same terms and conditions required with respect to the 
     employment of such individuals under the provisions of title 
     V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.) 
     and the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.), that govern employment.

     SEC. 108. CONSTRUCTION.

       Nothing in this title shall be construed to preclude an 
     entity funded under this title from engaging in advocacy, 
     capacity building, and systemic change activities for 
     individuals with developmental disabilities that may also 
     have a positive impact on individuals with other 
     disabilities.

     SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL 
                   DISABILITIES.

       (a) In General.--Congress makes the following findings 
     respecting the rights of individuals with developmental 
     disabilities:
       (1) Individuals with developmental disabilities have a 
     right to appropriate treatment, services, and habilitation 
     for such disabilities, consistent with section 101(c).
       (2) The treatment, services, and habitation for an 
     individual with developmental disabilities should be designed 
     to maximize the potential of the individual and should be 
     provided in the setting that is least restrictive of the 
     individual's personal liberty.
       (3) The Federal Government and the States both have an 
     obligation to ensure that public funds are provided only to 
     institutional programs, residential programs, and other 
     community programs, including educational programs in which 
     individuals with developmental disabilities participate, 
     that--
       (A) provide treatment, services, and habilitation that are 
     appropriate to the needs of such individuals; and
       (B) meet minimum standards relating to--
       (i) provision of care that is free of abuse, neglect, 
     sexual and financial exploitation, and violations of legal 
     and human rights and that subjects individuals with 
     developmental disabilities to no greater risk of harm than 
     others in the general population;
       (ii) provision to such individuals of appropriate and 
     sufficient medical and dental services;
       (iii) prohibition of the use of physical restraint and 
     seclusion for such an individual unless absolutely necessary 
     to ensure the immediate physical safety of the individual or 
     others, and prohibition of the use of such restraint and 
     seclusion as a punishment or as a substitute for a 
     habilitation program;
       (iv) prohibition of the excessive use of chemical 
     restraints on such individuals and the use of such restraints 
     as punishment or as a substitute for a habilitation program 
     or in quantities that interfere with services, treatment, or 
     habilitation for such individuals; and
       (v) provision for close relatives or guardians of such 
     individuals to visit the individuals without prior notice.
       (4) All programs for individuals with developmental 
     disabilities should meet standards--
       (A) that are designed to assure the most favorable possible 
     outcome for those served; and
       (B)(i) in the case of residential programs serving 
     individuals in need of comprehensive health-related, 
     habilitative, assistive technology or rehabilitative 
     services, that are at least equivalent to those standards 
     applicable to intermediate care facilities for the mentally 
     retarded, promulgated in regulations of the Secretary on June 
     3, 1988, as appropriate, taking into account the size of the 
     institutions and the service delivery arrangements of the 
     facilities of the programs;
       (ii) in the case of other residential programs for 
     individuals with developmental disabilities, that assure 
     that--
       (I) care is appropriate to the needs of the individuals 
     being served by such programs;

[[Page 16257]]

       (II) the individuals admitted to facilities of such 
     programs are individuals whose needs can be met through 
     services provided by such facilities; and
       (III) the facilities of such programs provide for the 
     humane care of the residents of the facilities, are sanitary, 
     and protect their rights; and
       (iii) in the case of nonresidential programs, that assure 
     that the care provided by such programs is appropriate to the 
     individuals served by the programs.
       (b) Clarification.--The rights of individuals with 
     developmental disabilities described in findings made in this 
     section shall be considered to be in addition to any 
     constitutional or other rights otherwise afforded to all 
     individuals.

   Subtitle B--Federal Assistance to State Councils on Developmental 
                              Disabilities

     SEC. 121. PURPOSE.

       The purpose of this subtitle is to provide for allotments 
     to support State Councils on Developmental Disabilities 
     (referred to individually in this subtitle as a ``Council'') 
     in each State to--
       (1) engage in advocacy, capacity building, and systemic 
     change activities that are consistent with the purpose 
     described in section 101(b) and the policy described in 
     section 101(c); and
       (2) contribute to a coordinated, consumer- and family-
     centered, consumer- and family-directed, comprehensive system 
     of community services, individualized supports, and other 
     forms of assistance that enable individuals with 
     developmental disabilities to exercise self-determination, be 
     independent, be productive, and be integrated and included in 
     all facets of community life.

     SEC. 122. STATE ALLOTMENTS.

       (a) Allotments.--
       (1) In general.--
       (A) Authority.--For each fiscal year, the Secretary shall, 
     in accordance with regulations and this paragraph, allot the 
     sums appropriated for such year under section 129 among the 
     States on the basis of--
       (i) the population;
       (ii) the extent of need for services for individuals with 
     developmental disabilities; and
       (iii) the financial need,
     of the respective States.
       (B) Use of funds.--Sums allotted to the States under this 
     section shall be used to pay for the Federal share of the 
     cost of carrying out projects in accordance with State plans 
     approved under section 124 for the provision under such plans 
     of services for individuals with developmental disabilities.
       (2) Adjustments.--The Secretary may make adjustments in the 
     amounts of State allotments based on clauses (i), (ii), and 
     (iii) of paragraph (1)(A) not more often than annually. The 
     Secretary shall notify each State of any adjustment made 
     under this paragraph and the percentage of the total sums 
     appropriated under section 129 that the adjusted allotment 
     represents not later than 6 months before the beginning of 
     the fiscal year in which such adjustment is to take effect.
       (3) Minimum allotment for appropriations less than or equal 
     to $70,000,000.--
       (A) In general.--Except as provided in paragraph (4), for 
     any fiscal year the allotment under this section--
       (i) to each of American Samoa, Guam, the United States 
     Virgin Islands, or the Commonwealth of the Northern Mariana 
     Islands may not be less than $210,000; and
       (ii) to any State not described in clause (i) may not be 
     less than $400,000.
       (B) Reduction of allotment.--Notwithstanding subparagraph 
     (A), if the aggregate of the amounts to be allotted to the 
     States pursuant to subparagraph (A) for any fiscal year 
     exceeds the total amount appropriated under section 129 for 
     such fiscal year, the amount to be allotted to each State for 
     such fiscal year shall be proportionately reduced.
       (4) Minimum allotment for appropriations in excess of 
     $70,000,000.--
       (A) In general.--In any case in which the total amount 
     appropriated under section 129 for a fiscal year is more than 
     $70,000,000, the allotment under this section for such fiscal 
     year--
       (i) to each of American Samoa, Guam, the United States 
     Virgin Islands, or the Commonwealth of the Northern Mariana 
     Islands may not be less than $220,000; and
       (ii) to any State not described in clause (i) may not be 
     less than $450,000.
       (B) Reduction of allotment.--The requirements of paragraph 
     (3)(B) shall apply with respect to amounts to be allotted to 
     States under subparagraph (A), in the same manner and to the 
     same extent as such requirements apply with respect to 
     amounts to be allotted to States under paragraph (3)(A).
       (5) State supports, services, and other activities.--In 
     determining, for purposes of paragraph (1)(A)(ii), the extent 
     of need in any State for services for individuals with 
     developmental disabilities, the Secretary shall take into 
     account the scope and extent of the services, supports, and 
     assistance described, pursuant to section 124(c)(3)(A), in 
     the State plan of the State.
       (6) Increase in allotments.--In any year in which the total 
     amount appropriated under section 129 for a fiscal year 
     exceeds the total amount appropriated under such section (or 
     a corresponding provision) for the preceding fiscal year by a 
     percentage greater than the most recent percentage change in 
     the Consumer Price Index published by the Secretary of Labor 
     under section 100(c)(1) of the Rehabilitation Act of 1973 (29 
     U.S.C. 720(c)(1)) (if the percentage change indicates an 
     increase), the Secretary shall increase each of the minimum 
     allotments described in paragraphs (3) and (4). The Secretary 
     shall increase each minimum allotment by an amount that bears 
     the same ratio to the amount of such minimum allotment 
     (including any increases in such minimum allotment under this 
     paragraph (or a corresponding provision) for prior fiscal 
     years) as the amount that is equal to the difference 
     between--
       (A) the total amount appropriated under section 129 for the 
     fiscal year for which the increase in the minimum allotment 
     is being made; minus
       (B) the total amount appropriated under section 129 (or a 
     corresponding provision) for the immediately preceding fiscal 
     year,
     bears to the total amount appropriated under section 129 (or 
     a corresponding provision) for such preceding fiscal year.
       (b) Unobligated Funds.--Any amount paid to a State for a 
     fiscal year and remaining unobligated at the end of such year 
     shall remain available to such State for the next fiscal year 
     for the purposes for which such amount was paid.
       (c) Obligation of Funds.--For the purposes of this 
     subtitle, State Interagency Agreements are considered valid 
     obligations for the purpose of obligating Federal funds 
     allotted to the State under this subtitle.
       (d) Cooperative Efforts Between States.--If a State plan 
     approved in accordance with section 124 provides for 
     cooperative or joint effort between or among States or 
     agencies, public or private, in more than 1 State, portions 
     of funds allotted to 1 or more States described in this 
     subsection may be combined in accordance with the agreements 
     between the States or agencies involved.
       (e) Reallotments.--
       (1) In general.--If the Secretary determines that an amount 
     of an allotment to a State for a period (of a fiscal year or 
     longer) will not be required by the State during the period 
     for the purpose for which the allotment was made, the 
     Secretary may reallot the amount.
       (2) Timing.--The Secretary may make such a reallotment from 
     time to time, on such date as the Secretary may fix, but not 
     earlier than 30 days after the Secretary has published notice 
     of the intention of the Secretary to make the reallotment in 
     the Federal Register.
       (3) Amounts.--The Secretary shall reallot the amount to 
     other States with respect to which the Secretary has not made 
     that determination. The Secretary shall reallot the amount in 
     proportion to the original allotments of the other States for 
     such fiscal year, but shall reduce such proportionate amount 
     for any of the other States to the extent the proportionate 
     amount exceeds the sum that the Secretary estimates the State 
     needs and will be able to use during such period.
       (4) Reallotment of reductions.--The Secretary shall 
     similarly reallot the total of the reductions among the 
     States whose proportionate amounts were not so reduced.
       (5) Treatment.--Any amount reallotted to a State under this 
     subsection for a fiscal year shall be deemed to be a part of 
     the allotment of the State under subsection (a) for such 
     fiscal year.

     SEC. 123. PAYMENTS TO THE STATES FOR PLANNING, 
                   ADMINISTRATION, AND SERVICES.

       (a) State Plan Expenditures.--From each State's allotments 
     for a fiscal year under section 122, the Secretary shall pay 
     to the State the Federal share of the cost, other than the 
     cost for construction, incurred during such year for 
     activities carried out under the State plan approved under 
     section 124. The Secretary shall make such payments from time 
     to time in advance on the basis of estimates by the Secretary 
     of the sums the State will expend for the cost under the 
     State plan. The Secretary shall make such adjustments as may 
     be necessary to the payments on account of previously made 
     underpayments or overpayments under this section.
       (b) Designated State Agency Expenditures.--The Secretary 
     may make payments to a State for the portion described in 
     section 124(c)(5)(B)(vi) in advance or by way of 
     reimbursement, and in such installments as the Secretary may 
     determine.

     SEC. 124. STATE PLAN.

       (a) In General.--Any State desiring to receive assistance 
     under this subtitle shall submit to the Secretary, and obtain 
     approval of, a 5-year strategic State plan under this 
     section.
       (b) Planning Cycle.--The plan described in subsection (a) 
     shall be updated as appropriate during the 5-year period.
       (c) State Plan Requirements.--In order to be approved by 
     the Secretary under this section, a State plan shall meet 
     each of the following requirements:
       (1) State council.--The plan shall provide for the 
     establishment and maintenance of a Council in accordance with 
     section 125 and describe the membership of such Council.

[[Page 16258]]

       (2) Designated state agency.--The plan shall identify the 
     agency or office within the State designated to support the 
     Council in accordance with this section and section 125(d) 
     (referred to in this subtitle as a ``designated State 
     agency'').
       (3) Comprehensive review and analysis.--The plan shall 
     describe the results of a comprehensive review and analysis 
     of the extent to which services, supports, and other 
     assistance are available to individuals with developmental 
     disabilities and their families, and the extent of unmet 
     needs for services, supports, and other assistance for those 
     individuals and their families, in the State. The results of 
     the comprehensive review and analysis shall include--
       (A) a description of the services, supports, and other 
     assistance being provided to individuals with developmental 
     disabilities and their families under other federally 
     assisted State programs, plans, and policies under which the 
     State operates and in which individuals with developmental 
     disabilities are or may be eligible to participate, including 
     particularly programs relating to the areas of emphasis, 
     including--
       (i) medical assistance, maternal and child health care, 
     services for children with special health care needs, 
     children's mental health services, comprehensive health and 
     mental health services, and institutional care options;
       (ii) job training, job placement, worksite accommodation, 
     and vocational rehabilitation, and other work assistance 
     programs; and
       (iii) social, child welfare, aging, independent living, and 
     rehabilitation and assistive technology services, and such 
     other services as the Secretary may specify;
       (B) a description of the extent to which agencies operating 
     such other federally assisted State programs, including 
     activities authorized under section 101 or 102 of the 
     Assistive Technology Act of 1998 (29 U.S.C. 3011, 3012), 
     pursue interagency initiatives to improve and enhance 
     community services, individualized supports, and other forms 
     of assistance for individuals with developmental 
     disabilities;
       (C) an analysis of the extent to which community services 
     and opportunities related to the areas of emphasis directly 
     benefit individuals with developmental disabilities, 
     especially with regard to their ability to access and use 
     services provided in their communities, to participate in 
     opportunities, activities, and events offered in their 
     communities, and to contribute to community life, identifying 
     particularly--
       (i) the degree of support for individuals with 
     developmental disabilities that are attributable to either 
     physical impairment, mental impairment, or a combination of 
     physical and mental impairments;
       (ii) criteria for eligibility for services, including 
     specialized services and special adaptation of generic 
     services provided by agencies within the State, that may 
     exclude individuals with developmental disabilities from 
     receiving services described in this clause;
       (iii) the barriers that impede full participation of 
     members of unserved and underserved groups of individuals 
     with developmental disabilities and their families;
       (iv) the availability of assistive technology, assistive 
     technology services, or rehabilitation technology, or 
     information about assistive technology, assistive technology 
     services, or rehabilitation technology to individuals with 
     developmental disabilities;
       (v) the numbers of individuals with developmental 
     disabilities on waiting lists for services described in this 
     subparagraph;
       (vi) a description of the adequacy of current resources and 
     projected availability of future resources to fund services 
     described in this subparagraph;
       (vii) a description of the adequacy of health care and 
     other services, supports, and assistance that individuals 
     with developmental disabilities who are in facilities receive 
     (based in part on each independent review (pursuant to 
     section 1902(a)(30)(C) of the Social Security Act (42 U.S.C. 
     1396a(a)(30)(C))) of an Intermediate Care Facility (Mental 
     Retardation) within the State, which the State shall provide 
     to the Council not later than 30 days after the availability 
     of the review); and
       (viii) to the extent that information is available, a 
     description of the adequacy of health care and other 
     services, supports, and assistance that individuals with 
     developmental disabilities who are served through home and 
     community-based waivers (authorized under section 1915(c) of 
     the Social Security Act (42 U.S.C. 1396n(c))) receive;
       (D) a description of how entities funded under subtitles C 
     and D, through interagency agreements or other mechanisms, 
     collaborated with the entity funded under this subtitle in 
     the State, each other, and other entities to contribute to 
     the achievement of the purpose of this subtitle; and
       (E) the rationale for the goals related to advocacy, 
     capacity building, and systemic change to be undertaken by 
     the Council to contribute to the achievement of the purpose 
     of this subtitle.
       (4) Plan goals.--The plan shall focus on Council efforts to 
     bring about the purpose of this subtitle, by--
       (A) specifying 5-year goals, as developed through data 
     driven strategic planning, for advocacy, capacity building, 
     and systemic change related to the areas of emphasis, to be 
     undertaken by the Council, that--
       (i) are derived from the unmet needs of individuals with 
     developmental disabilities and their families identified 
     under paragraph (3); and
       (ii) include a goal, for each year of the grant, to--

       (I) establish or strengthen a program for the direct 
     funding of a State self-advocacy organization led by 
     individuals with developmental disabilities;
       (II) support opportunities for individuals with 
     developmental disabilities who are considered leaders to 
     provide leadership training to individuals with developmental 
     disabilities who may become leaders; and
       (III) support and expand participation of individuals with 
     developmental disabilities in cross-disability and culturally 
     diverse leadership coalitions; and

       (B) for each year of the grant, describing--
       (i) the goals to be achieved through the grant, which, 
     beginning in fiscal year 2002, shall be consistent with 
     applicable indicators of progress described in section 
     104(a)(3);
       (ii) the strategies to be used in achieving each goal; and
       (iii) the method to be used to determine if each goal has 
     been achieved.
       (5) Assurances.--
       (A) In general.--The plan shall contain or be supported by 
     assurances and information described in subparagraphs (B) 
     through (N) that are satisfactory to the Secretary.
       (B) Use of funds.--With respect to the funds paid to the 
     State under section 122, the plan shall provide assurances 
     that--
       (i) not less than 70 percent of such funds will be expended 
     for activities related to the goals described in paragraph 
     (4);
       (ii) such funds will contribute to the achievement of the 
     purpose of this subtitle in various political subdivisions of 
     the State;
       (iii) such funds will be used to supplement, and not 
     supplant, the non-Federal funds that would otherwise be made 
     available for the purposes for which the funds paid under 
     section 122 are provided;
       (iv) such funds will be used to complement and augment 
     rather than duplicate or replace services for individuals 
     with developmental disabilities and their families who are 
     eligible for Federal assistance under other State programs;
       (v) part of such funds will be made available by the State 
     to public or private entities;
       (vi) at the request of any State, a portion of such funds 
     provided to such State under this subtitle for any fiscal 
     year shall be available to pay up to \1/2\ (or the entire 
     amount if the Council is the designated State agency) of the 
     expenditures found to be necessary by the Secretary for the 
     proper and efficient exercise of the functions of the 
     designated State agency, except that not more than 5 percent 
     of such funds provided to such State for any fiscal year, or 
     $50,000, whichever is less, shall be made available for total 
     expenditures for such purpose by the designated State agency; 
     and
       (vii) not more than 20 percent of such funds will be 
     allocated to the designated State agency for service 
     demonstrations by such agency that--

       (I) contribute to the achievement of the purpose of this 
     subtitle; and
       (II) are explicitly authorized by the Council.

       (C) State financial participation.--The plan shall provide 
     assurances that there will be reasonable State financial 
     participation in the cost of carrying out the plan.
       (D) Conflict of interest.--The plan shall provide an 
     assurance that no member of such Council will cast a vote on 
     any matter that would provide direct financial benefit to the 
     member or otherwise give the appearance of a conflict of 
     interest.
       (E) Urban and rural poverty areas.--The plan shall provide 
     assurances that special financial and technical assistance 
     will be given to organizations that provide community 
     services, individualized supports, and other forms of 
     assistance to individuals with developmental disabilities who 
     live in areas designated as urban or rural poverty areas.
       (F) Program accessibility standards.--The plan shall 
     provide assurances that programs, projects, and activities 
     funded under the plan, and the buildings in which such 
     programs, projects, and activities are operated, will meet 
     standards prescribed by the Secretary in regulations and all 
     applicable Federal and State accessibility standards, 
     including accessibility requirements of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 
     508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), and 
     the Fair Housing Act (42 U.S.C. 3601 et seq.).
       (G) Individualized services.--The plan shall provide 
     assurances that any direct services provided to individuals 
     with developmental disabilities and funded under the plan 
     will be provided in an individualized manner, consistent with 
     the unique strengths, resources, priorities, concerns, 
     abilities, and capabilities of such individual.

[[Page 16259]]

       (H) Human rights.--The plan shall provide assurances that 
     the human rights of the individuals with developmental 
     disabilities (especially individuals without familial 
     protection) who are receiving services under programs 
     assisted under this subtitle will be protected consistent 
     with section 109 (relating to rights of individuals with 
     developmental disabilities).
       (I) Minority participation.--The plan shall provide 
     assurances that the State has taken affirmative steps to 
     assure that participation in programs funded under this 
     subtitle is geographically representative of the State, and 
     reflects the diversity of the State with respect to race and 
     ethnicity.
       (J) Employee protections.--The plan shall provide 
     assurances that fair and equitable arrangements (as 
     determined by the Secretary after consultation with the 
     Secretary of Labor) will be provided to protect the interests 
     of employees affected by actions taken under the plan to 
     provide community living activities, including arrangements 
     designed to preserve employee rights and benefits and provide 
     training and retraining of such employees where necessary, 
     and arrangements under which maximum efforts will be made to 
     guarantee the employment of such employees.
       (K) Staff assignments.--The plan shall provide assurances 
     that the staff and other personnel of the Council, while 
     working for the Council, will be responsible solely for 
     assisting the Council in carrying out the duties of the 
     Council under this subtitle and will not be assigned duties 
     by the designated State agency, or any other agency, office, 
     or entity of the State.
       (L) Noninterference.--The plan shall provide assurances 
     that the designated State agency, and any other agency, 
     office, or entity of the State, will not interfere with the 
     advocacy, capacity building, and systemic change activities, 
     budget, personnel, State plan development, or plan 
     implementation of the Council, except that the designated 
     State agency shall have the authority necessary to carry out 
     the responsibilities described in section 125(d)(3).
       (M) State quality assurance.--The plan shall provide 
     assurances that the Council will participate in the planning, 
     design or redesign, and monitoring of State quality assurance 
     systems that affect individuals with developmental 
     disabilities.
       (N) Other assurances.--The plan shall contain such 
     additional information and assurances as the Secretary may 
     find necessary to carry out the provisions (including the 
     purpose) of this subtitle.
       (d) Public Input and Review, Submission, and Approval.--
       (1) Public input and review.--The plan shall be based on 
     public input. The Council shall make the plan available for 
     public review and comment, after providing appropriate and 
     sufficient notice in accessible formats of the opportunity 
     for such review and comment. The Council shall revise the 
     plan to take into account and respond to significant 
     comments.
       (2) Consultation with the designated state agency.--Before 
     the plan is submitted to the Secretary, the Council shall 
     consult with the designated State agency to ensure that the 
     State plan is consistent with State law and to obtain 
     appropriate State plan assurances.
       (3) Plan approval.--The Secretary shall approve any State 
     plan and, as appropriate, amendments of such plan that comply 
     with the provisions of subsections (a), (b), and (c) and this 
     subsection. The Secretary may take final action to disapprove 
     a State plan after providing reasonable notice and an 
     opportunity for a hearing to the State.

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

       (a) In General.--Each State that receives assistance under 
     this subtitle shall establish and maintain a Council to 
     undertake advocacy, capacity building, and systemic change 
     activities (consistent with subsections (b) and (c) of 
     section 101) that contribute to a coordinated, consumer- and 
     family-centered, consumer- and family-directed, comprehensive 
     system of community services, individualized supports, and 
     other forms of assistance that contribute to the achievement 
     of the purpose of this subtitle. The Council shall have the 
     authority to fulfill the responsibilities described in 
     subsection (c).
       (b) Council Membership.--
       (1) Council appointments.--
       (A) In general.--The members of the Council of a State 
     shall be appointed by the Governor of the State from among 
     the residents of that State.
       (B) Recommendations.--The Governor shall select members of 
     the Council, at the discretion of the Governor, after 
     soliciting recommendations from organizations representing a 
     broad range of individuals with developmental disabilities 
     and individuals interested in individuals with developmental 
     disabilities, including the non-State agency members of the 
     Council. The Council may, at the initiative of the Council, 
     or on the request of the Governor, coordinate Council and 
     public input to the Governor regarding all recommendations.
       (C) Representation.--The membership of the Council shall be 
     geographically representative of the State and reflect the 
     diversity of the State with respect to race and ethnicity.
       (2) Membership rotation.--The Governor shall make 
     appropriate provisions to rotate the membership of the 
     Council. Such provisions shall allow members to continue to 
     serve on the Council until such members' successors are 
     appointed. The Council shall notify the Governor regarding 
     membership requirements of the Council, and shall notify the 
     Governor when vacancies on the Council remain unfilled for a 
     significant period of time.
       (3) Representation of individuals with developmental 
     disabilities.--Not less than 60 percent of the membership of 
     each Council shall consist of individuals who are--
       (A)(i) individuals with developmental disabilities;
       (ii) parents or guardians of children with developmental 
     disabilities; or
       (iii) immediate relatives or guardians of adults with 
     mentally impairing developmental disabilities who cannot 
     advocate for themselves; and
       (B) not employees of a State agency that receives funds or 
     provides services under this subtitle, and who are not 
     managing employees (as defined in section 1126(b) of the 
     Social Security Act (42 U.S.C. 1320a-5(b)) of any other 
     entity that receives funds or provides services under this 
     subtitle.
       (4) Representation of agencies and organizations.--
       (A) In general.--Each Council shall include--
       (i) representatives of relevant State entities, including--

       (I) State entities that administer funds provided under 
     Federal laws related to individuals with disabilities, 
     including the Rehabilitation Act of 1973 (29 U.S.C. 701 et 
     seq.), the Individuals with Disabilities Education Act (20 
     U.S.C. 1400 et seq.), the Older Americans Act of 1965 (42 
     U.S.C. 3001 et seq.), and titles V and XIX of the Social 
     Security Act (42 U.S.C. 701 et seq. and 1396 et seq.);
       (II) Centers in the State; and
       (III) the State protection and advocacy system; and
       (ii) representatives, at all times, of local and 
     nongovernmental agencies, and private nonprofit groups 
     concerned with services for individuals with developmental 
     disabilities in the State in which such agencies and groups 
     are located.

       (B) Authority and limitations.--The representatives 
     described in subparagraph (A) shall--
       (i) have sufficient authority to engage in policy planning 
     and implementation on behalf of the department, agency, or 
     program such representatives represent; and
       (ii) recuse themselves from any discussion of grants or 
     contracts for which such representatives' departments, 
     agencies, or programs are grantees, contractors, or 
     applicants and comply with the conflict of interest assurance 
     requirement under section 124(c)(5)(D).
       (5) Composition of membership with developmental 
     disabilities.--Of the members of the Council described in 
     paragraph (3)--
       (A) \1/3\ shall be individuals with developmental 
     disabilities described in paragraph (3)(A)(i);
       (B) \1/3\ shall be parents or guardians of children with 
     developmental disabilities described in paragraph (3)(A)(ii), 
     or immediate relatives or guardians of adults with 
     developmental disabilities described in paragraph 
     (3)(A)(iii); and
       (C) \1/3\ shall be a combination of individuals described 
     in paragraph (3)(A).
       (6) Institutionalized individuals.--
       (A) In general.--Of the members of the Council described in 
     paragraph (5), at least 1 shall be an immediate relative or 
     guardian of an individual with a developmental disability who 
     resides or previously resided in an institution or shall be 
     an individual with a developmental disability who resides or 
     previously resided in an institution.
       (B) Limitation.--Subparagraph (A) shall not apply with 
     respect to a State if such an individual does not reside in 
     that State.
       (c) Council Responsibilities.--
       (1) In general.--A Council, through Council members, staff, 
     consultants, contractors, or subgrantees, shall have the 
     responsibilities described in paragraphs (2) through (10).
       (2) Advocacy, capacity building, and systemic change 
     activities.--The Council shall serve as an advocate for 
     individuals with developmental disabilities and conduct or 
     support programs, projects, and activities that carry out the 
     purpose of this subtitle.
       (3) Examination of goals.--At the end of each grant year, 
     each Council shall--
       (A) determine the extent to which each goal of the Council 
     was achieved for that year;
       (B) determine to the extent that each goal was not 
     achieved, the factors that impeded the achievement;
       (C) determine needs that require amendment of the 5-year 
     strategic State plan required under section 124;
       (D) separately determine the information on the self-
     advocacy goal described in section 124(c)(4)(A)(ii); and
       (E) determine customer satisfaction with Council supported 
     or conducted activities.
       (4) State plan development.--The Council shall develop the 
     State plan and submit the State plan to the Secretary after 
     consultation with the designated State agency

[[Page 16260]]

     under the State plan. Such consultation shall be solely for 
     the purposes of obtaining State assurances and ensuring 
     consistency of the plan with State law.
       (5) State plan implementation.--
       (A) In general.--The Council shall implement the State plan 
     by conducting and supporting advocacy, capacity building, and 
     systemic change activities such as those described in 
     subparagraphs (B) through (L).
       (B) Outreach.--The Council may support and conduct outreach 
     activities to identify individuals with developmental 
     disabilities and their families who otherwise might not come 
     to the attention of the Council and assist and enable the 
     individuals and families to obtain services, individualized 
     supports, and other forms of assistance, including access to 
     special adaptation of generic community services or 
     specialized services.
       (C) Training.--The Council may support and conduct training 
     for persons who are individuals with developmental 
     disabilities, their families, and personnel (including 
     professionals, paraprofessionals, students, volunteers, and 
     other community members) to enable such persons to obtain 
     access to, or to provide, community services, individualized 
     supports, and other forms of assistance, including special 
     adaptation of generic community services or specialized 
     services for individuals with developmental disabilities and 
     their families. To the extent that the Council supports or 
     conducts training activities under this subparagraph, such 
     activities shall contribute to the achievement of the purpose 
     of this subtitle.
       (D) Technical assistance.--The Council may support and 
     conduct technical assistance activities to assist public and 
     private entities to contribute to the achievement of the 
     purpose of this subtitle.
       (E) Supporting and educating communities.--The Council may 
     support and conduct activities to assist neighborhoods and 
     communities to respond positively to individuals with 
     developmental disabilities and their families--
       (i) by encouraging local networks to provide informal and 
     formal supports;
       (ii) through education; and
       (iii) by enabling neighborhoods and communities to offer 
     such individuals and their families access to and use of 
     services, resources, and opportunities.
       (F) Interagency collaboration and coordination.--The 
     Council may support and conduct activities to promote 
     interagency collaboration and coordination to better serve, 
     support, assist, or advocate for individuals with 
     developmental disabilities and their families.
       (G) Coordination with related councils, committees, and 
     programs.--The Council may support and conduct activities to 
     enhance coordination of services with--
       (i) other councils, entities, or committees, authorized by 
     Federal or State law, concerning individuals with 
     disabilities (such as the State interagency coordinating 
     council established under subtitle C of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1431 et seq.), the 
     State Rehabilitation Council and the Statewide Independent 
     Living Council established under the Rehabilitation Act of 
     1973 (29 U.S.C. 701 et seq.), the State mental health 
     planning council established under subtitle B of title XIX of 
     the Public Health Service Act (42 U.S.C. 300x-1 et seq.), and 
     the activities authorized under section 101 or 102 of the 
     Assistive Technology Act of 1998 (29 U.S.C. 3011, 3012), and 
     entities carrying out other similar councils, entities, or 
     committees);
       (ii) parent training and information centers under part D 
     of the Individuals with Disabilities Education Act (20 U.S.C. 
     1451 et seq.) and other entities carrying out federally 
     funded projects that assist parents of children with 
     disabilities; and
       (iii) other groups interested in advocacy, capacity 
     building, and systemic change activities to benefit 
     individuals with disabilities.
       (H) Barrier elimination, systems design and redesign.--The 
     Council may support and conduct activities to eliminate 
     barriers to assess and use of community services by 
     individuals with developmental disabilities, enhance systems 
     design and redesign, and enhance citizen participation to 
     address issues identified in the State plan.
       (I) Coalition development and citizen participation.--The 
     Council may support and conduct activities to educate the 
     public about the capabilities, preferences, and needs of 
     individuals with developmental disabilities and their 
     families and to develop and support coalitions that support 
     the policy agenda of the Council, including training in self-
     advocacy, education of policymakers, and citizen leadership 
     skills.
       (J) Informing policymakers.--The Council may support and 
     conduct activities to provide information to policymakers by 
     supporting and conducting studies and analyses, gathering 
     information, and developing and disseminating model policies 
     and procedures, information, approaches, strategies, 
     findings, conclusions, and recommendations. The Council may 
     provide the information directly to Federal, State, and local 
     policymakers, including Congress, the Federal executive 
     branch, the Governors, State legislatures, and State 
     agencies, in order to increase the ability of such 
     policymakers to offer opportunities and to enhance or adapt 
     generic services to meet the needs of, or provide specialized 
     services to, individuals with developmental disabilities and 
     their families.
       (K) Demonstration of new approaches to services and 
     supports.--
       (i) In general.--The Council may support and conduct, on a 
     time-limited basis, activities to demonstrate new approaches 
     to serving individuals with developmental disabilities that 
     are a part of an overall strategy for systemic change. The 
     strategy may involve the education of policymakers and the 
     public about how to deliver effectively, to individuals with 
     developmental disabilities and their families, services, 
     supports, and assistance that contribute to the achievement 
     of the purpose of this subtitle.
       (ii) Sources of funding.--The Council may carry out this 
     subparagraph by supporting and conducting demonstration 
     activities through sources of funding other than funding 
     provided under this subtitle, and by assisting entities 
     conducting demonstration activities to develop strategies for 
     securing funding from other sources.
       (L) Other activities.--The Council may support and conduct 
     other advocacy, capacity building, and systemic change 
     activities to promote the development of a coordinated, 
     consumer- and family-centered, consumer- and family-directed, 
     comprehensive system of community services, individualized 
     supports, and other forms of assistance that contribute to 
     the achievement of the purpose of this subtitle.
       (6) Review of designated state agency.--The Council shall 
     periodically review the designated State agency and 
     activities carried out under this subtitle by the designated 
     State agency and make any recommendations for change to the 
     Governor.
       (7) Reports.--Beginning in fiscal year 2002, the Council 
     shall annually prepare and transmit to the Secretary a 
     report. Each report shall be in a form prescribed by the 
     Secretary by regulation under section 104(b). Each report 
     shall contain information about the progress made by the 
     Council in achieving the goals of the Council (as specified 
     in section 124(c)(4)), including--
       (A) a description of the extent to which the goals were 
     achieved;
       (B) a description of the strategies that contributed to 
     achieving the goals;
       (C) to the extent to which the goals were not achieved, a 
     description of factors that impeded the achievement;
       (D) separate information on the self-advocacy goal 
     described in section 124(c)(4)(A)(ii);
       (E)(i) as appropriate, an update on the results of the 
     comprehensive review and analysis described in section 
     124(c)(3); and
       (ii) information on consumer satisfaction with Council 
     supported or conducted activities;
       (F)(i) a description of the adequacy of health care and 
     other services, supports, and assistance that individuals 
     with developmental disabilities in Intermediate Care 
     Facilities (Mental Retardation) receive; and
       (ii) a description of the adequacy of health care and other 
     services, supports, and assistance that individuals with 
     developmental disabilities served through home and community-
     based waivers (authorized under section 1915(c) of the Social 
     Security Act (42 U.S.C. 1396n(c)) receive;
       (G) an accounting of the manner in which funds paid to the 
     State under this subtitle for a fiscal year were expended;
       (H) a description of--
       (i) resources made available to carry out activities to 
     assist individuals with developmental disabilities that are 
     directly attributable to Council actions; and
       (ii) resources made available for such activities that are 
     undertaken by the Council in collaboration with other 
     entities; and
       (I) a description of the method by which the Council will 
     widely disseminate the annual report to affected 
     constituencies and the general public and will assure that 
     the report is available in accessible formats.
       (8) Budget.--Each Council shall prepare, approve, and 
     implement a budget using amounts paid to the State under this 
     subtitle to fund and implement all programs, projects, and 
     activities carried out under this subtitle, including--
       (A)(i) conducting such hearings and forums as the Council 
     may determine to be necessary to carry out the duties of the 
     Council; and
       (ii) as determined in Council policy--
       (I) reimbursing members of the Council for reasonable and 
     necessary expenses (including expenses for child care and 
     personal assistance services) for attending Council meetings 
     and performing Council duties;
       (II) paying a stipend to a member of the Council, if such 
     member is not employed or must forfeit wages from other 
     employment, to attend Council meetings and perform other 
     Council duties;
       (III) supporting Council member and staff travel to 
     authorized training and technical assistance activities 
     including in-service training and leadership development 
     activities; and
       (IV) carrying out appropriate subcontracting activities;
       (B) hiring and maintaining such numbers and types of staff 
     (qualified by training and experience) and obtaining the 
     services of such professional, consulting, technical, and

[[Page 16261]]

     clerical staff (qualified by training and experience), 
     consistent with State law, as the Council determines to be 
     necessary to carry out the functions of the Council under 
     this subtitle, except that such State shall not apply hiring 
     freezes, reductions in force, prohibitions on travel, or 
     other policies to the staff of the Council, to the extent 
     that such policies would impact the staff or functions funded 
     with Federal funds, or would prevent the Council from 
     carrying out the functions of the Council under this 
     subtitle; and
       (C) directing the expenditure of funds for grants, 
     contracts, interagency agreements that are binding contracts, 
     and other activities authorized by the State plan approved 
     under section 124.
       (9) Staff hiring and supervision.--The Council shall, 
     consistent with State law, recruit and hire a Director of the 
     Council, should the position of Director become vacant, and 
     supervise and annually evaluate the Director. The Director 
     shall hire, supervise, and annually evaluate the staff of the 
     Council. Council recruitment, hiring, and dismissal of staff 
     shall be conducted in a manner consistent with Federal and 
     State nondiscrimination laws. Dismissal of personnel shall be 
     conducted in a manner consistent with State law and personnel 
     policies.
       (10) Staff assignments.--The staff of the Council, while 
     working for the Council, shall be responsible solely for 
     assisting the Council in carrying out the duties of the 
     Council under this subtitle and shall not be assigned duties 
     by the designated State agency or any other agency or entity 
     of the State.
       (11) Construction.--Nothing in this title shall be 
     construed to authorize a Council to direct, control, or 
     exercise any policymaking authority or administrative 
     authority over any program assisted under the Rehabilitation 
     Act of 1973 (29 U.S.C. 701 et seq.) or the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.).
       (d) Designated State Agency.--
       (1) In general.--Each State that receives assistance under 
     this subtitle shall designate a State agency that shall, on 
     behalf of the State, provide support to the Council. After 
     the date of enactment of the Developmental Disabilities 
     Assistance and Bill of Rights Act Amendments of 1994 (Public 
     Law 103-230), any designation of a State agency under this 
     paragraph shall be made in accordance with the requirements 
     of this subsection.
       (2) Designation.--
       (A) Type of agency.--Except as provided in this subsection, 
     the designated State agency shall be--
       (i) the Council if such Council may be the designated State 
     agency under the laws of the State;
       (ii) a State agency that does not provide or pay for 
     services for individuals with developmental disabilities; or
       (iii) a State office, including the immediate office of the 
     Governor of the State or a State planning office.
       (B) Conditions for continuation of state service agency 
     designation.--
       (i) Designation before enactment.--If a State agency that 
     provides or pays for services for individuals with 
     developmental disabilities was a designated State agency for 
     purposes of part B of the Developmental Disabilities 
     Assistance and Bill of Rights Act on the date of enactment of 
     the Developmental Disabilities Assistance and Bill of Rights 
     Act Amendments of 1994, and the Governor of the State (or the 
     legislature, where appropriate and in accordance with State 
     law) determines prior to June 30, 1994, not to change the 
     designation of such agency, such agency may continue to be a 
     designated State agency for purposes of this subtitle.
       (ii) Criteria for continued designation.--The 
     determination, at the discretion of the Governor (or the 
     legislature, as the case may be), shall be made after--

       (I) the Governor has considered the comments and 
     recommendations of the general public and a majority of the 
     non-State agency members of the Council with respect to the 
     designation of such State agency; and
       (II) the Governor (or the legislature, as the case may be) 
     has made an independent assessment that the designation of 
     such agency will not interfere with the budget, personnel, 
     priorities, or other action of the Council, and the ability 
     of the Council to serve as an independent advocate for 
     individuals with developmental disabilities.

       (C) Review of designation.--The Council may request a 
     review of and change in the designation of the designated 
     State agency by the Governor (or the legislature, as the case 
     may be). The Council shall provide documentation concerning 
     the reason the Council desires a change to be made and make a 
     recommendation to the Governor (or the legislature, as the 
     case may be) regarding a preferred designated State agency.
       (D) Appeal of designation.--After the review is completed 
     under subparagraph (C), a majority of the non-State agency 
     members of the Council may appeal to the Secretary for a 
     review of and change in the designation of the designated 
     State agency if the ability of the Council to serve as an 
     independent advocate is not assured because of the actions or 
     inactions of the designated State agency.
       (3) Responsibilities.--
       (A) In general.--The designated State agency shall, on 
     behalf of the State, have the responsibilities described in 
     subparagraphs (B) through (G).
       (B) Support services.--The designated State agency shall 
     provide required assurances and support services as requested 
     by and negotiated with the Council.
       (C) Fiscal responsibilities.--The designated State agency 
     shall--
       (i) receive, account for, and disburse funds under this 
     subtitle based on the State plan required in section 124; and
       (ii) provide for such fiscal control and fund accounting 
     procedures as may be necessary to assure the proper 
     disbursement of, and accounting for, funds paid to the State 
     under this subtitle.
       (D) Records, access, and financial reports.--The designated 
     State agency shall keep and provide access to such records as 
     the Secretary and the Council may determine to be necessary. 
     The designated State agency, if other than the Council, shall 
     provide timely financial reports at the request of the 
     Council regarding the status of expenditures, obligations, 
     and liquidation by the agency or the Council, and the use of 
     the Federal and non-Federal shares described in section 126, 
     by the agency or the Council.
       (E) Non-federal share.--The designated State agency, if 
     other than the Council, shall provide the required non-
     Federal share described in section 126(c).
       (F) Assurances.--The designated State agency shall assist 
     the Council in obtaining the appropriate State plan 
     assurances and in ensuring that the plan is consistent with 
     State law.
       (G) Memorandum of understanding.--On the request of the 
     Council, the designated State agency shall enter into a 
     memorandum of understanding with the Council delineating the 
     roles and responsibilities of the designated State agency.
       (4) Use of funds for designated state agency 
     responsibilities.--
       (A) Condition for federal funding.--
       (i) In general.--The Secretary shall provide amounts to a 
     State under section 124(c)(5)(B)(vi) for a fiscal year only 
     if the State expends an amount from State sources for 
     carrying out the responsibilities of the designated State 
     agency under paragraph (3) for the fiscal year that is not 
     less than the total amount the State expended from such 
     sources for carrying out similar responsibilities for the 
     previous fiscal year.
       (ii) Exception.--Clause (i) shall not apply in a year in 
     which the Council is the designated State agency.
       (B) Support services provided by other agencies.--With the 
     agreement of the designated State agency, the Council may use 
     or contract with agencies other than the designated State 
     agency to perform the functions of the designated State 
     agency.

     SEC. 126. FEDERAL AND NON-FEDERAL SHARE.

       (a) Aggregate Cost.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the Federal share of the cost of all projects in a State 
     supported by an allotment to the State under this subtitle 
     may not be more than 75 percent of the aggregate necessary 
     cost of such projects, as determined by the Secretary.
       (2) Urban or rural poverty areas.--In the case of projects 
     whose activities or products target individuals with 
     developmental disabilities who live in urban or rural poverty 
     areas, as determined by the Secretary, the Federal share of 
     the cost of all such projects may not be more than 90 percent 
     of the aggregate necessary cost of such projects, as 
     determined by the Secretary.
       (3) State plan activities.--In the case of projects 
     undertaken by the Council or Council staff to implement State 
     plan activities, the Federal share of the cost of all such 
     projects may be not more than 100 percent of the aggregate 
     necessary cost of such activities.
       (b) Nonduplication.--In determining the amount of any 
     State's Federal share of the cost of such projects incurred 
     by such State under a State plan approved under section 124, 
     the Secretary shall not consider--
       (1) any portion of such cost that is financed by Federal 
     funds provided under any provision of law other than section 
     122; and
       (2) the amount of any non-Federal funds required to be 
     expended as a condition of receipt of the Federal funds 
     described in paragraph (1).
       (c) Non-Federal Share.--
       (1) In-kind contributions.--The non-Federal share of the 
     cost of any project supported by an allotment under this 
     subtitle may be provided in cash or in kind, fairly 
     evaluated, including plant, equipment, or services.
       (2) Contributions of political subdivisions and public or 
     private entities.--
       (A) In general.--Contributions to projects by a political 
     subdivision of a State or by a public or private entity under 
     an agreement with the State shall, subject to such 
     limitations and conditions as the Secretary may by regulation 
     prescribe under section 104(b), be considered to be 
     contributions by such State, in the case of a project 
     supported under this subtitle.
       (B) State contributions.--State contributions, including 
     contributions by the designated State agency to provide 
     support services to the Council pursuant to section 
     125(d)(4), may be counted as part of such State's non-Federal 
     share of the cost of projects supported under this subtitle.

[[Page 16262]]

       (3) Variations of the non-federal share.--The non-Federal 
     share required of each recipient of a grant from a Council 
     under this subtitle may vary.

     SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING, 
                   ADMINISTRATION, AND SERVICES.

       Whenever the Secretary, after providing reasonable notice 
     and an opportunity for a hearing to the Council and the 
     designated State agency, finds that--
       (1) the Council or agency has failed to comply 
     substantially with any of the provisions required by section 
     124 to be included in the State plan, particularly provisions 
     required by paragraphs (4)(A) and (5)(B)(vii) of section 
     124(c), or with any of the provisions required by section 
     125(b)(3); or
       (2) the Council or agency has failed to comply 
     substantially with any regulations of the Secretary that are 
     applicable to this subtitle,
     the Secretary shall notify such Council and agency that the 
     Secretary will not make further payments to the State under 
     section 122 (or, in the discretion of the Secretary, that 
     further payments to the State under section 122 for 
     activities for which there is such failure), until the 
     Secretary is satisfied that there will no longer be such 
     failure. Until the Secretary is so satisfied, the Secretary 
     shall make no further payments to the State under section 
     122, or shall limit further payments under section 122 to 
     such State to activities for which there is no such failure.

     SEC. 128. APPEALS BY STATES.

       (a) Appeal.--If any State is dissatisfied with the 
     Secretary's action under section 124(d)(3) or 127, such State 
     may appeal to the United States court of appeals for the 
     circuit in which such State is located, by filing a petition 
     with such court not later than 60 days after such action.
       (b) Filing.--The clerk of the court shall transmit promptly 
     a copy of the petition to the Secretary, or any officer 
     designated by the Secretary for that purpose. The Secretary 
     shall file promptly with the court the record of the 
     proceedings on which the Secretary based the action, as 
     provided in section 2112 of title 28, United States Code.
       (c) Jurisdiction.--Upon the filing of the petition, the 
     court shall have jurisdiction to affirm the action of the 
     Secretary or to set the action aside, in whole or in part, 
     temporarily or permanently. Until the filing of the record, 
     the Secretary may modify or set aside the order of the 
     Secretary relating to the action.
       (d) Findings and Remand.--The findings of the Secretary 
     about the facts, if supported by substantial evidence, shall 
     be conclusive, but the court, for good cause shown, may 
     remand the case involved to the Secretary for further 
     proceedings to take further evidence. On remand, the 
     Secretary may make new or modified findings of fact and may 
     modify the previous action of the Secretary, and shall file 
     with the court the record of the further proceedings. Such 
     new or modified findings of fact shall likewise be conclusive 
     if supported by substantial evidence.
       (e) Finality.--The judgment of the court affirming or 
     setting aside, in whole or in part, any action of the 
     Secretary shall be final, subject to review by the Supreme 
     Court of the United States upon certiorari or certification 
     as provided in section 1254 of title 28, United States Code.
       (f) Effect.--The commencement of proceedings under this 
     section shall not, unless so specifically ordered by a court, 
     operate as a stay of the Secretary's action.

     SEC. 129. AUTHORIZATION OF APPROPRIATIONS.

       (a) Funding for State Allotments.--Except as described in 
     subsection (b), there are authorized to be appropriated for 
     allotments under section 122 $76,000,000 for fiscal year 2001 
     and such sums as may be necessary for each of fiscal years 
     2002 through 2007.
       (b) Reservation for Technical Assistance.--
       (1) Lower appropriation years.--For any fiscal year for 
     which the amount appropriated under subsection (a) is less 
     than $76,000,000, the Secretary shall reserve funds in 
     accordance with section 163(c) to provide technical 
     assistance to entities funded under this subtitle.
       (2) Higher appropriation years.--For any fiscal year for 
     which the amount appropriated under subsection (a) is not 
     less than $76,000,000, the Secretary shall reserve not less 
     than $300,000 and not more than 1 percent of the amount 
     appropriated under subsection (a) to provide technical 
     assistance to entities funded under this subtitle.

        Subtitle C--Protection and Advocacy of Individual Rights

     SEC. 141. PURPOSE.

       The purpose of this subtitle is to provide for allotments 
     to support a protection and advocacy system (referred to in 
     this subtitle as a ``system'') in each State to protect the 
     legal and human rights of individuals with developmental 
     disabilities in accordance with this subtitle.

     SEC. 142. ALLOTMENTS AND PAYMENTS.

       (a) Allotments.--
       (1) In general.--To assist States in meeting the 
     requirements of section 143(a), the Secretary shall allot to 
     the States the amounts appropriated under section 145 and not 
     reserved under paragraph (6). Allotments and reallotments of 
     such sums shall be made on the same basis as the allotments 
     and reallotments are made under subsections (a)(1)(A) and (e) 
     of section 122, except as provided in paragraph (2).
       (2) Minimum allotments.--In any case in which--
       (A) the total amount appropriated under section 145 for a 
     fiscal year is not less than $20,000,000, the allotment under 
     paragraph (1) for such fiscal year--
       (i) to each of American Samoa, Guam, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands may not be less than $107,000; and
       (ii) to any State not described in clause (i) may not be 
     less than $200,000; or
       (B) the total amount appropriated under section 145 for a 
     fiscal year is less than $20,000,000, the allotment under 
     paragraph (1) for such fiscal year--
       (i) to each of American Samoa, Guam, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands may not be less than $80,000; and
       (ii) to any State not described in clause (i) may not be 
     less than $150,000.
       (3) Reduction of allotment.--Notwithstanding paragraphs (1) 
     and (2), if the aggregate of the amounts to be allotted to 
     the States pursuant to such paragraphs for any fiscal year 
     exceeds the total amount appropriated for such allotments 
     under section 145 for such fiscal year, the amount to be 
     allotted to each State for such fiscal year shall be 
     proportionately reduced.
       (4) Increase in allotments.--In any year in which the total 
     amount appropriated under section 145 for a fiscal year 
     exceeds the total amount appropriated under such section (or 
     a corresponding provision) for the preceding fiscal year by a 
     percentage greater than the most recent percentage change in 
     the Consumer Price Index published by the Secretary of Labor 
     under section 100(c)(1) of the Rehabilitation Act of 1973 (29 
     U.S.C. 720(c)(1)) (if the percentage change indicates an 
     increase), the Secretary shall increase each of the minimum 
     allotments described in subparagraphs (A) and (B) of 
     paragraph (2). The Secretary shall increase each minimum 
     allotment by an amount that bears the same ratio to the 
     amount of such minimum allotment (including any increases in 
     such minimum allotment under this paragraph (or a 
     corresponding provision) for prior fiscal years) as the 
     amount that is equal to the difference between--
       (A) the total amount appropriated under section 145 for the 
     fiscal year for which the increase in the minimum allotment 
     is being made; minus
       (B) the total amount appropriated under section 145 (or a 
     corresponding provision) for the immediately preceding fiscal 
     year,
     bears to the total amount appropriated under section 145 (or 
     a corresponding provision) for such preceding fiscal year.
       (5) Monitoring the administration of the system.--In a 
     State in which the system is housed in a State agency, the 
     State may use not more than 5 percent of any allotment under 
     this subsection for the costs of monitoring the 
     administration of the system required under section 143(a).
       (6) Technical assistance and american indian consortium.--
     In any case in which the total amount appropriated under 
     section 145 for a fiscal year is more than $24,500,000, the 
     Secretary shall--
       (A) use not more than 2 percent of the amount appropriated 
     to provide technical assistance to eligible systems with 
     respect to activities carried out under this subtitle 
     (consistent with requests by such systems for such assistance 
     for the year); and
       (B) provide a grant in accordance with section 143(b), and 
     in an amount described in paragraph (2)(A)(i), to an American 
     Indian consortium to provide protection and advocacy 
     services.
       (b) Payment to Systems.--Notwithstanding any other 
     provision of law, the Secretary shall pay directly to any 
     system in a State that complies with the provisions of this 
     subtitle the amount of the allotment made for the State under 
     this section, unless the system specifies otherwise.
       (c) Unobligated Funds.--Any amount paid to a system under 
     this subtitle for a fiscal year and remaining unobligated at 
     the end of such year shall remain available to such system 
     for the next fiscal year, for the purposes for which such 
     amount was paid.

     SEC. 143. SYSTEM REQUIRED.

       (a) System Required.--In order for a State to receive an 
     allotment under subtitle B or this subtitle--
       (1) the State shall have in effect a system to protect and 
     advocate the rights of individuals with developmental 
     disabilities;
       (2) such system shall--
       (A) have the authority to--
       (i) pursue legal, administrative, and other appropriate 
     remedies or approaches to ensure the protection of, and 
     advocacy for, the rights of such individuals within the State 
     who are or who may be eligible for treatment, services, or 
     habilitation, or who are being considered for a change in 
     living arrangements, with particular attention to members of 
     ethnic and racial minority groups; and
       (ii) provide information on and referral to programs and 
     services addressing the needs of individuals with 
     developmental disabilities;
       (B) have the authority to investigate incidents of abuse 
     and neglect of individuals with developmental disabilities if 
     the incidents are reported to the system or if there

[[Page 16263]]

     is probable cause to believe that the incidents occurred;
       (C) on an annual basis, develop, submit to the Secretary, 
     and take action with regard to goals (each of which is 
     related to 1 or more areas of emphasis) and priorities, 
     developed through data driven strategic planning, for the 
     system's activities;
       (D) on an annual basis, provide to the public, including 
     individuals with developmental disabilities attributable to 
     either physical impairment, mental impairment, or a 
     combination of physical and mental impairment, and their 
     representatives, and as appropriate, non-State agency 
     representatives of the State Councils on Developmental 
     Disabilities, and Centers, in the State, an opportunity to 
     comment on--
       (i) the goals and priorities established by the system and 
     the rationale for the establishment of such goals; and
       (ii) the activities of the system, including the 
     coordination of services with the entities carrying out 
     advocacy programs under the Rehabilitation Act of 1973 (29 
     U.S.C. 701 et seq.), the Older Americans Act of 1965 (42 
     U.S.C. 3001 et seq.), and the Protection and Advocacy for 
     Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et 
     seq.), and with entities carrying out other related programs, 
     including the parent training and information centers funded 
     under the Individuals with Disabilities Education Act (20 
     U.S.C. 1400 et seq.), and activities authorized under section 
     101 or 102 of the Assistive Technology Act of 1998 (29 U.S.C. 
     3011, 3012);
       (E) establish a grievance procedure for clients or 
     prospective clients of the system to ensure that individuals 
     with developmental disabilities have full access to services 
     of the system;
       (F) not be administered by the State Council on 
     Developmental Disabilities;
       (G) be independent of any agency that provides treatment, 
     services, or habilitation to individuals with developmental 
     disabilities;
       (H) have access at reasonable times to any individual with 
     a developmental disability in a location in which services, 
     supports, and other assistance are provided to such an 
     individual, in order to carry out the purpose of this 
     subtitle;
       (I) have access to all records of--
       (i) any individual with a developmental disability who is a 
     client of the system if such individual, or the legal 
     guardian, conservator, or other legal representative of such 
     individual, has authorized the system to have such access;
       (ii) any individual with a developmental disability, in a 
     situation in which--

       (I) the individual, by reason of such individual's mental 
     or physical condition, is unable to authorize the system to 
     have such access;
       (II) the individual does not have a legal guardian, 
     conservator, or other legal representative, or the legal 
     guardian of the individual is the State; and
       (III) a complaint has been received by the system about the 
     individual with regard to the status or treatment of the 
     individual or, as a result of monitoring or other activities, 
     there is probable cause to believe that such individual has 
     been subject to abuse or neglect; and

       (iii) any individual with a developmental disability, in a 
     situation in which--

       (I) the individual has a legal guardian, conservator, or 
     other legal representative;
       (II) a complaint has been received by the system about the 
     individual with regard to the status or treatment of the 
     individual or, as a result of monitoring or other activities, 
     there is probable cause to believe that such individual has 
     been subject to abuse or neglect;
       (III) such representative has been contacted by such 
     system, upon receipt of the name and address of such 
     representative;
       (IV) such system has offered assistance to such 
     representative to resolve the situation; and
       (V) such representative has failed or refused to act on 
     behalf of the individual;

       (J)(i) have access to the records of individuals described 
     in subparagraphs (B) and (I), and other records that are 
     relevant to conducting an investigation, under the 
     circumstances described in those subparagraphs, not later 
     than 3 business days after the system makes a written request 
     for the records involved; and
       (ii) have immediate access, not later than 24 hours after 
     the system makes such a request, to the records without 
     consent from another party, in a situation in which services, 
     supports, and other assistance are provided to an individual 
     with a developmental disability--
       (I) if the system determines there is probable cause to 
     believe that the health or safety of the individual is in 
     serious and immediate jeopardy; or
       (II) in any case of death of an individual with a 
     developmental disability;
       (K) hire and maintain sufficient numbers and types of staff 
     (qualified by training and experience) to carry out such 
     system's functions, except that the State involved shall not 
     apply hiring freezes, reductions in force, prohibitions on 
     travel, or other policies to the staff of the system, to the 
     extent that such policies would impact the staff or functions 
     of the system funded with Federal funds or would prevent the 
     system from carrying out the functions of the system under 
     this subtitle;
       (L) have the authority to educate policymakers; and
       (M) provide assurances to the Secretary that funds allotted 
     to the State under section 142 will be used to supplement, 
     and not supplant, the non-Federal funds that would otherwise 
     be made available for the purposes for which the allotted 
     funds are provided;
       (3) to the extent that information is available, the State 
     shall provide to the system--
       (A) a copy of each independent review, pursuant to section 
     1902(a)(30)(C) of the Social Security Act (42 U.S.C. 
     1396a(a)(30)(C)), of an Intermediate Care Facility (Mental 
     Retardation) within the State, not later than 30 days after 
     the availability of such a review; and
       (B) information about the adequacy of health care and other 
     services, supports, and assistance that individuals with 
     developmental disabilities who are served through home and 
     community-based waivers (authorized under section 1915(c) of 
     the Social Security Act (42 U.S.C. 1396n(c))) receive; and
       (4) the agency implementing the system shall not be 
     redesignated unless--
       (A) there is good cause for the redesignation;
       (B) the State has given the agency notice of the intention 
     to make such redesignation, including notice regarding the 
     good cause for such redesignation, and given the agency an 
     opportunity to respond to the assertion that good cause has 
     been shown;
       (C) the State has given timely notice and an opportunity 
     for public comment in an accessible format to individuals 
     with developmental disabilities or their representatives; and
       (D) the system has an opportunity to appeal the 
     redesignation to the Secretary, on the basis that the 
     redesignation was not for good cause.
       (b) American Indian Consortium.--Upon application to the 
     Secretary, an American Indian consortium established to 
     provide protection and advocacy services under this subtitle, 
     shall receive funding pursuant to section 142(a)(6) to 
     provide the services. Such consortium shall be considered to 
     be a system for purposes of this subtitle and shall 
     coordinate the services with other systems serving the same 
     geographic area. The tribal council that designates the 
     consortium shall carry out the responsibilities and exercise 
     the authorities specified for a State in this subtitle, with 
     regard to the consortium.
       (c) Record.--In this section, the term ``record'' 
     includes--
       (1) a report prepared or received by any staff at any 
     location at which services, supports, or other assistance is 
     provided to individuals with developmental disabilities;
       (2) a report prepared by an agency or staff person charged 
     with investigating reports of incidents of abuse or neglect, 
     injury, or death occurring at such location, that describes 
     such incidents and the steps taken to investigate such 
     incidents; and
       (3) a discharge planning record.

     SEC. 144. ADMINISTRATION.

       (a) Governing Board.--In a State in which the system 
     described in section 143 is organized as a private nonprofit 
     entity with a multimember governing board, or a public system 
     with a multimember governing board, such governing board 
     shall be selected according to the policies and procedures of 
     the system, except that--
       (1)(A) the governing board shall be composed of members who 
     broadly represent or are knowledgeable about the needs of the 
     individuals served by the system;
       (B) a majority of the members of the board shall be--
       (i) individuals with disabilities, including individuals 
     with developmental disabilities, who are eligible for 
     services, or have received or are receiving services through 
     the system; or
       (ii) parents, family members, guardians, advocates, or 
     authorized representatives of individuals referred to in 
     clause (i); and
       (C) the board may include a representative of the State 
     Council on Developmental Disabilities, the Centers in the 
     State, and the self-advocacy organization described in 
     section 124(c)(4)(A)(ii)(I);
       (2) not more than \1/3\ of the members of the governing 
     board may be appointed by the chief executive officer of the 
     State involved, in the case of any State in which such 
     officer has the authority to appoint members of the board;
       (3) the membership of the governing board shall be subject 
     to term limits set by the system to ensure rotating 
     membership;
       (4) any vacancy in the board shall be filled not later than 
     60 days after the date on which the vacancy occurs; and
       (5) in a State in which the system is organized as a public 
     system without a multimember governing or advisory board, the 
     system shall establish an advisory council--
       (A) that shall advise the system on policies and priorities 
     to be carried out in protecting and advocating the rights of 
     individuals with developmental disabilities; and
       (B) on which a majority of the members shall be--
       (i) individuals with developmental disabilities who are 
     eligible for services, or have received or are receiving 
     services, through the system; or

[[Page 16264]]

       (ii) parents, family members, guardians, advocates, or 
     authorized representatives of individuals referred to in 
     clause (i).
       (b) Legal Action.--
       (1) In general.--Nothing in this title shall preclude a 
     system from bringing a suit on behalf of individuals with 
     developmental disabilities against a State, or an agency or 
     instrumentality of a State.
       (2) Use of amounts from judgment.--An amount received 
     pursuant to a suit described in paragraph (1) through a court 
     judgment may only be used by the system to further the 
     purpose of this subtitle and shall not be used to augment 
     payments to legal contractors or to award personal bonuses.
       (3) Limitation.--The system shall use assistance provided 
     under this subtitle in a manner consistent with section 5 of 
     the Assisted Suicide Funding Restriction Act of 1997 (42 
     U.S.C. 14404).
       (c) Disclosure of Information.--For purposes of any 
     periodic audit, report, or evaluation required under this 
     subtitle, the Secretary shall not require an entity carrying 
     out a program to disclose the identity of, or any other 
     personally identifiable information related to, any 
     individual requesting assistance under such program.
       (d) Public Notice of Federal Onsite Review.--The Secretary 
     shall provide advance public notice of any Federal 
     programmatic or administrative onsite review of a system 
     conducted under this subtitle and solicit public comment on 
     the system through such notice. The Secretary shall prepare 
     an onsite visit report containing the results of such review, 
     which shall be distributed to the Governor of the State and 
     to other interested public and private parties. The comments 
     received in response to the public comment solicitation 
     notice shall be included in the onsite visit report.
       (e) Reports.--Beginning in fiscal year 2002, each system 
     established in a State pursuant to this subtitle shall 
     annually prepare and transmit to the Secretary a report that 
     describes the activities, accomplishments, and expenditures 
     of the system during the preceding fiscal year, including a 
     description of the system's goals, the extent to which the 
     goals were achieved, barriers to their achievement, the 
     process used to obtain public input, the nature of such 
     input, and how such input was used.

     SEC. 145. AUTHORIZATION OF APPROPRIATIONS.

       For allotments under section 142, there are authorized to 
     be appropriated $32,000,000 for fiscal year 2001 and such 
     sums as may be necessary for each of fiscal years 2002 
     through 2007.

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

     SEC. 151. GRANT AUTHORITY.

       (a) National Network.--From appropriations authorized under 
     section 156(a)(1), the Secretary shall make 5-year grants to 
     entities in each State designated as University Centers for 
     Excellence in Developmental Disabilities Education, Research, 
     and Service to carry out activities described in section 
     153(a).
       (b) National Training Initiatives.--From appropriations 
     authorized under section 156(a)(1) and reserved under section 
     156(a)(2), the Secretary shall make grants to Centers to 
     carry out activities described in section 153(b).
       (c) Technical Assistance.--From appropriations authorized 
     under section 156(a)(1) and reserved under section 156(a)(3) 
     (or from funds reserved under section 163, as appropriate), 
     the Secretary shall enter into 1 or more cooperative 
     agreements or contracts for the purpose of providing 
     technical assistance described in section 153(c).

     SEC. 152. GRANT AWARDS.

       (a) Existing Centers.--
       (1) In general.--In awarding and distributing grant funds 
     under section 151(a) for a fiscal year, the Secretary, 
     subject to the availability of appropriations and the 
     condition specified in subsection (d), shall award and 
     distribute grant funds in equal amounts of $500,000 (adjusted 
     in accordance with subsection (b)), to each Center that 
     existed during the preceding fiscal year and that meets the 
     requirements of this subtitle, prior to making grants under 
     subsection (c) or (d).
       (2) Reduction of award.--Notwithstanding paragraph (1), if 
     the aggregate of the funds to be awarded to the Centers 
     pursuant to paragraph (1) for any fiscal year exceeds the 
     total amount appropriated under section 156 for such fiscal 
     year, the amount to be awarded to each Center for such fiscal 
     year shall be proportionately reduced.
       (b) Adjustments.--Subject to the availability of 
     appropriations, for any fiscal year following a year in which 
     each Center described in subsection (a) received a grant 
     award of not less than $500,000 under subsection (a) 
     (adjusted in accordance with this subsection), the Secretary 
     shall adjust the awards to take into account the most recent 
     percentage change in the Consumer Price Index published by 
     the Secretary of Labor under section 100(c)(1) of the 
     Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if the 
     percentage change indicates an increase), prior to making 
     grants under subsection (c) or (d).
       (c) National Training Initiatives on Critical and Emerging 
     Needs.--Subject to the availability of appropriations, for 
     any fiscal year in which each Center described in subsection 
     (a) receives a grant award of not less than $500,000, under 
     subsection (a) (adjusted in accordance with subsection (b)), 
     after making the grant awards, the Secretary shall make 
     grants under section 151(b) to Centers to pay for the Federal 
     share of the cost of training initiatives related to the 
     unmet needs of individuals with developmental disabilities 
     and their families, as described in section 153(b).
       (d) Additional Grants.--For any fiscal year in which each 
     Center described in subsection (a) receives a grant award of 
     not less than $500,000 under subsection (a) (adjusted in 
     accordance with subsection (b)), after making the grant 
     awards, the Secretary may make grants under section 151(a) 
     for activities described in section 153(a) to additional 
     Centers, or additional grants to Centers, for States or 
     populations that are unserved or underserved by Centers due 
     to such factors as--
       (1) population;
       (2) a high concentration of rural or urban areas; or
       (3) a high concentration of unserved or underserved 
     populations.

     SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES.

       (a) National Network of University Centers for Excellence 
     in Developmental Disabilities Education, Research, and 
     Service.--
       (1) In general.--In order to provide leadership in, advise 
     Federal, State, and community policymakers about, and promote 
     opportunities for individuals with developmental disabilities 
     to exercise self-determination, be independent, be 
     productive, and be integrated and included in all facets of 
     community life, the Secretary shall award grants to eligible 
     entities designated as Centers in each State to pay for the 
     Federal share of the cost of the administration and operation 
     of the Centers. The Centers shall be interdisciplinary 
     education, research, and public service units of universities 
     (as defined by the Secretary) or public or not-for-profit 
     entities associated with universities that engage in core 
     functions, described in paragraph (2), addressing, directly 
     or indirectly, 1 or more of the areas of emphasis.
       (2) Core functions.--The core functions referred to in 
     paragraph (1) shall include the following:
       (A) Provision of interdisciplinary pre-service preparation 
     and continuing education of students and fellows, which may 
     include the preparation and continuing education of 
     leadership, direct service, clinical, or other personnel to 
     strengthen and increase the capacity of States and 
     communities to achieve the purpose of this title.
       (B) Provision of community services--
       (i) that provide training or technical assistance for 
     individuals with developmental disabilities, their families, 
     professionals, paraprofessionals, policymakers, students, and 
     other members of the community; and
       (ii) that may provide services, supports, and assistance 
     for the persons described in clause (i) through demonstration 
     and model activities.
       (C) Conduct of research, which may include basic or applied 
     research, evaluation, and the analysis of public policy in 
     areas that affect or could affect, either positively or 
     negatively, individuals with developmental disabilities and 
     their families.
       (D) Dissemination of information related to activities 
     undertaken to address the purpose of this title, especially 
     dissemination of information that demonstrates that the 
     network authorized under this subtitle is a national and 
     international resource that includes specific substantive 
     areas of expertise that may be accessed and applied in 
     diverse settings and circumstances.
       (b) National Training Initiatives on Critical and Emerging 
     Needs.--
       (1) Supplemental grants.--After consultation with relevant, 
     informed sources, including individuals with developmental 
     disabilities and their families, the Secretary shall award, 
     under section 151(b), supplemental grants to Centers to pay 
     for the Federal share of the cost of training initiatives 
     related to the unmet needs of individuals with developmental 
     disabilities and their families. The Secretary shall make the 
     grants on a competitive basis, and for periods of not more 
     than 5 years.
       (2) Establishment of consultation process by the 
     secretary.--Not later than 1 year after the date of enactment 
     of this Act, the Secretary shall establish a consultation 
     process that, on an ongoing basis, allows the Secretary to 
     identify and address, through supplemental grants authorized 
     under paragraph (1), training initiatives related to the 
     unmet needs of individuals with developmental disabilities 
     and their families.
       (c) Technical Assistance.--In order to strengthen and 
     support the national network of Centers, the Secretary may 
     enter into 1 or more cooperative agreements or contracts to--
       (1) assist in national and international dissemination of 
     specific information from multiple Centers and, in 
     appropriate cases, other entities whose work affects the 
     lives of individuals with developmental disabilities;
       (2) compile, analyze, and disseminate state-of-the-art 
     training, research, and demonstration results policies, and 
     practices from multiple Centers and, in appropriate

[[Page 16265]]

     cases, other entities whose work affects the lives of persons 
     with developmental disabilities;
       (3) convene experts from multiple Centers to discuss and 
     make recommendations with regard to national emerging needs 
     of individuals with developmental disabilities;
       (4)(A) develop portals that link users with every Center's 
     website; and
       (B) facilitate electronic information sharing using state-
     of-the-art Internet technologies such as real-time online 
     discussions, multipoint video conferencing, and web-based 
     audio/video broadcasts, on emerging topics that impact 
     individuals with disabilities and their families;
       (5) serve as a research-based resource for Federal and 
     State policymakers on information concerning and issues 
     impacting individuals with developmental disabilities and 
     entities that assist or serve those individuals; or
       (6) undertake any other functions that the Secretary 
     determines to be appropriate;
     to promote the viability and use of the resources and 
     expertise of the Centers nationally and internationally.

     SEC. 154. APPLICATIONS.

       (a) Applications for Core Center Grants.--
       (1) In general.--To be eligible to receive a grant under 
     section 151(a) for a Center, an entity shall submit to the 
     Secretary, and obtain approval of, an application at such 
     time, in such manner, and containing such information, as the 
     Secretary may require.
       (2) Application contents.--Each application described in 
     paragraph (1) shall describe a 5-year plan, including a 
     projected goal related to 1 or more areas of emphasis for 
     each of the core functions described in section 153(a).
       (3) Assurances.--The application shall be approved by the 
     Secretary only if the application contains or is supported by 
     reasonable assurances that the entity designated as the 
     Center will--
       (A) meet regulatory standards as established by the 
     Secretary for Centers;
       (B) address the projected goals, and carry out goal-related 
     activities, based on data driven strategic planning and in a 
     manner consistent with the objectives of this subtitle, 
     that--
       (i) are developed in collaboration with the consumer 
     advisory committee established pursuant to subparagraph (E);
       (ii) are consistent with, and to the extent feasible 
     complement and further, the Council goals contained in the 
     State plan submitted under section 124 and the system goals 
     established under section 143; and
       (iii) will be reviewed and revised annually as necessary to 
     address emerging trends and needs;
       (C) use the funds made available through the grant to 
     supplement, and not supplant, the funds that would otherwise 
     be made available for activities described in section 153(a);
       (D) protect, consistent with the policy specified in 
     section 101(c) (relating to rights of individuals with 
     developmental disabilities), the legal and human rights of 
     all individuals with developmental disabilities (especially 
     those individuals under State guardianship) who are involved 
     in activities carried out under programs assisted under this 
     subtitle;
       (E) establish a consumer advisory committee--
       (i) of which a majority of the members shall be individuals 
     with developmental disabilities and family members of such 
     individuals;
       (ii) that is comprised of--

       (I) individuals with developmental disabilities and related 
     disabilities;
       (II) family members of individuals with developmental 
     disabilities;
       (III) a representative of the State protection and advocacy 
     system;
       (IV) a representative of the State Council on Developmental 
     Disabilities;
       (V) a representative of a self-advocacy organization 
     described in section 124(c)(4)(A)(ii)(I); and
       (VI) representatives of organizations that may include 
     parent training and information centers assisted under 
     section 682 or 683 of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1482, 1483), entities carrying out 
     activities authorized under section 101 or 102 of the 
     Assistive Technology Act of 1998 (29 U.S.C. 3011, 3012), 
     relevant State agencies, and other community groups concerned 
     with the welfare of individuals with developmental 
     disabilities and their families;

       (iii) that reflects the racial and ethnic diversity of the 
     State; and
       (iv) that shall--

       (I) consult with the Director of the Center regarding the 
     development of the 5-year plan, and shall participate in an 
     annual review of, and comment on, the progress of the Center 
     in meeting the projected goals contained in the plan, and 
     shall make recommendations to the Director of the Center 
     regarding any proposed revisions of the plan that might be 
     necessary; and
       (II) meet as often as necessary to carry out the role of 
     the committee, but at a minimum twice during each grant year;

       (F) to the extent possible, utilize the infrastructure and 
     resources obtained through funds made available under the 
     grant to leverage additional public and private funds to 
     successfully achieve the projected goals developed in the 5-
     year plan;
       (G)(i) have a director with appropriate academic 
     credentials, demonstrated leadership, expertise regarding 
     developmental disabilities, significant experience in 
     managing grants and contracts, and the ability to leverage 
     public and private funds; and
       (ii) allocate adequate staff time to carry out activities 
     related to each of the core functions described in section 
     153(a); and
       (H) educate, and disseminate information related to the 
     purpose of this title to, the legislature of the State in 
     which the Center is located, and to Members of Congress from 
     such State.
       (b) Supplemental Grant Applications Pertaining to National 
     Training Initiatives in Critical and Emerging Needs.--To be 
     eligible to receive a supplemental grant under section 
     151(b), a Center may submit a supplemental application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require, pursuant to the 
     terms and conditions set by the Secretary consistent with 
     section 153(b).
       (c) Peer Review.--
       (1) In general.--The Secretary shall require that all 
     applications submitted under this subtitle be subject to 
     technical and qualitative review by peer review groups 
     established under paragraph (2). The Secretary may approve an 
     application under this subtitle only if such application has 
     been recommended by a peer review group that has conducted 
     the peer review required under this paragraph. In conducting 
     the review, the group may conduct onsite visits or 
     inspections of related activities as necessary.
       (2) Establishment of peer review groups.--
       (A) In general.--The Secretary, acting through the 
     Commissioner of the Administration on Developmental 
     Disabilities, may, notwithstanding--
       (i) the provisions of title 5, United States Code, 
     concerning appointments to the competitive service; and
       (ii) the provisions of chapter 51, and subchapter III of 
     chapter 53 of title 5, United States Code, concerning 
     classification and General Schedule pay rates;
     establish such peer review groups and appoint and set the 
     rates of pay of members of such groups.
       (B) Composition.--Each peer review group shall include such 
     individuals with disabilities and parents, guardians, or 
     advocates of or for individuals with developmental 
     disabilities, as are necessary to carry out this subsection.
       (3) Waivers of approval.--The Secretary may waive the 
     provisions of paragraph (1) with respect to review and 
     approval of an application if the Secretary determines that 
     exceptional circumstances warrant such a waiver.
       (d) Federal Share.--
       (1) In general.--The Federal share of the cost of 
     administration or operation of a Center, or the cost of 
     carrying out a training initiative, supported by a grant made 
     under this subtitle may not be more than 75 percent of the 
     necessary cost of such project, as determined by the 
     Secretary.
       (2) Urban or rural poverty areas.--In the case of a project 
     whose activities or products target individuals with 
     developmental disabilities who live in an urban or rural 
     poverty area, as determined by the Secretary, the Federal 
     share of the cost of the project may not be more than 90 
     percent of the necessary costs of the project, as determined 
     by the Secretary.
       (3) Grant expenditures.--For the purpose of determining the 
     Federal share with respect to the project, expenditures on 
     that project by a political subdivision of a State or by a 
     public or private entity shall, subject to such limitations 
     and conditions as the Secretary may by regulation prescribe 
     under section 104(b), be considered to be expenditures made 
     by a Center under this subtitle.
       (e) Annual Report.--Each Center shall annually prepare and 
     transmit to the Secretary a report containing--
       (1) information on progress made in achieving the projected 
     goals of the Center for the previous year, including--
       (A) the extent to which the goals were achieved;
       (B) a description of the strategies that contributed to 
     achieving the goals;
       (C) to the extent to which the goals were not achieved, a 
     description of factors that impeded the achievement; and
       (D) an accounting of the manner in which funds paid to the 
     Center under this subtitle for a fiscal year were expended;
       (2) information on proposed revisions to the goals; and
       (3) a description of successful efforts to leverage funds, 
     other than funds made available under this subtitle, to 
     pursue goals consistent with this subtitle.

     SEC. 155. DEFINITION.

       In this subtitle, the term ``State'' means each of the 
     several States of the United States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, and Guam.

     SEC. 156. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization and Reservations.--
       (1) Authorization.--There are authorized to be appropriated 
     to carry out this subtitle

[[Page 16266]]

     (other than section 153(c)(4)) $30,000,000 for fiscal year 
     2001 and such sums as may be necessary for each of fiscal 
     years 2002 through 2007.
       (2) Reservation for training initiatives.--From any amount 
     appropriated for a fiscal year under paragraph (1) and 
     remaining after each Center described in section 152(a) has 
     received a grant award of not less than $500,000, as 
     described in section 152, the Secretary shall reserve funds 
     for the training initiatives authorized under section 153(b).
       (3) Reservation for technical assistance.--
       (A) Years before appropriation trigger.--For any covered 
     year, the Secretary shall reserve funds in accordance with 
     section 163(c) to fund technical assistance activities under 
     section 153(c) (other than section 153(c)(4)).
       (B) Years after appropriation trigger.--For any fiscal year 
     that is not a covered year, the Secretary shall reserve not 
     less than $300,000 and not more than 2 percent of the amount 
     appropriated under paragraph (1) to fund technical assistance 
     activities under section 153(c) (other than section 
     153(c)(4)).
       (C) Covered year.--In this paragraph, the term ``covered 
     year'' means a fiscal year prior to the first fiscal year for 
     which the amount appropriated under paragraph (1) is not less 
     than $20,000,000.
       (b) Limitation.--The Secretary may not use, for peer review 
     or other activities directly related to peer review conducted 
     under this subtitle--
       (1) for fiscal year 2001, more than $300,000 of the funds 
     made available under subsection (a); and
       (2) for any succeeding fiscal year, more than the amount of 
     funds used for the peer review and related activities in 
     fiscal year 2001, adjusted to take into account the most 
     recent percentage change in the Consumer Price Index 
     published by the Secretary of Labor under section 100(c)(1) 
     of the Rehabilitation Act of 1973 (29 U.S.C. 720(c)(1)) (if 
     the percentage change indicates an increase).

             Subtitle E--Projects of National Significance

     SEC. 161. PURPOSE.

       The purpose of this subtitle is to provide grants, 
     contracts, or cooperative agreements for projects of national 
     significance that--
       (1) create opportunities for individuals with developmental 
     disabilities to directly and fully contribute to, and 
     participate in, all facets of community life; and
       (2) support the development of national and State policies 
     that reinforce and promote, with the support of families, 
     guardians, advocates, and communities, of individuals with 
     developmental disabilities, the self-determination, 
     independence, productivity, and integration and inclusion in 
     all facets of community life of such individuals through--
       (A) family support activities;
       (B) data collection and analysis;
       (C) technical assistance to entities funded under subtitles 
     B and D, subject to the limitations described in sections 
     129(b), 156(a)(3), and 163(c); and
       (D) other projects of sufficient size and scope that hold 
     promise to expand or improve opportunities for such 
     individuals, including--
       (i) projects that provide technical assistance for the 
     development of information and referral systems;
       (ii) projects that provide technical assistance to self-
     advocacy organizations of individuals with developmental 
     disabilities;
       (iii) projects that provide education for policymakers;
       (iv) Federal interagency initiatives;
       (v) projects that enhance the participation of racial and 
     ethnic minorities in public and private sector initiatives in 
     developmental disabilities;
       (vi) projects that provide aid to transition youth with 
     developmental disabilities from school to adult life, 
     especially in finding employment and postsecondary education 
     opportunities and in upgrading and changing any assistive 
     technology devices that may be needed as a youth matures;
       (vii) initiatives that address the development of community 
     quality assurance systems and the training related to the 
     development, implementation, and evaluation of such systems, 
     including training of individuals with developmental 
     disabilities and their families;
       (viii) initiatives that address the needs of aging 
     individuals with developmental disabilities and aging 
     caregivers of adults with developmental disabilities in the 
     community;
       (ix) initiatives that create greater access to and use of 
     generic services systems, community organizations, and 
     associations, and initiatives that assist in community 
     economic development;
       (x) initiatives that create access to increased living 
     options;
       (xi) initiatives that address the challenging behaviors of 
     individuals with developmental disabilities, including 
     initiatives that promote positive alternatives to the use of 
     restraints and seclusion; and
       (xii) initiatives that address other areas of emerging 
     need.

     SEC. 162. GRANT AUTHORITY.

       (a) In General.--The Secretary shall award grants, 
     contracts, or cooperative agreements to public or private 
     nonprofit entities for projects of national significance 
     relating to individuals with developmental disabilities to 
     carry out activities described in section 161(2).
       (b) Federal Interagency Initiatives.--
       (1) In general.--
       (A) Authority.--The Secretary may--
       (i) enter into agreements with Federal agencies to jointly 
     carry out activities described in section 161(2) or to 
     jointly carry out activities of common interest related to 
     the objectives of such section; and
       (ii) transfer to such agencies for such purposes funds 
     appropriated under this subtitle, and receive and use funds 
     from such agencies for such purposes.
       (B) Relation to program purposes.--Funds transferred or 
     received pursuant to this paragraph shall be used only in 
     accordance with statutes authorizing the appropriation of 
     such funds. Such funds shall be made available through 
     grants, contracts, or cooperative agreements only to 
     recipients eligible to receive such funds under such 
     statutes.
       (C) Procedures and criteria.--If the Secretary enters into 
     an agreement under this subsection for the administration of 
     a jointly funded project--
       (i) the agreement shall specify which agency's procedures 
     shall be used to award grants, contracts, or cooperative 
     agreements and to administer such awards;
       (ii) the participating agencies may develop a single set of 
     criteria for the jointly funded project, and may require 
     applicants to submit a single application for joint review by 
     such agencies; and
       (iii) unless the heads of the participating agencies 
     develop joint eligibility requirements, an applicant for an 
     award for the project shall meet the eligibility requirements 
     of each program involved.
       (2) Limitation.--The Secretary may not construe the 
     provisions of this subsection to take precedence over a 
     limitation on joint funding contained in an applicable 
     statute.

     SEC. 163. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out the projects specified in this section $16,000,000 
     for fiscal year 2001, and such sums as may be necessary for 
     each of fiscal years 2002 through 2007.
       (b) Use of Funds.--
       (1) Grants, contracts, and agreements.--Except as provided 
     in paragraph (2), the amount appropriated under subsection 
     (a) for each fiscal year shall be used to award grants, or 
     enter into contracts, cooperative agreements, or other 
     agreements, under section 162.
       (2) Administrative costs.--Not more than 1 percent of the 
     amount appropriated under subsection (a) for each fiscal year 
     may be used to provide for the administrative costs (other 
     than compensation of Federal employees) of the Administration 
     on Developmental Disabilities for administering this subtitle 
     and subtitles B, C, and D, including monitoring the 
     performance of and providing technical assistance to, 
     entities that receive funds under this title.
       (c) Technical Assistance for Councils and Centers.--
       (1) In general.--For each covered year, the Secretary shall 
     expend, to provide technical assistance for entities funded 
     under subtitle B or D, an amount from funds appropriated 
     under subsection (a) that is not less than the amount the 
     Secretary expended on technical assistance for entities 
     funded under that subtitle (or a corresponding provision) in 
     the previous fiscal year.
       (2) Covered year.--In this subsection, the term ``covered 
     year'' means--
       (A) in the case of an expenditure for entities funded under 
     subtitle B, a fiscal year for which the amount appropriated 
     under section 129(a) is less than $76,000,000; and
       (B) in the case of an expenditure for entities funded under 
     subtitle D, a fiscal year prior to the first fiscal year for 
     which the amount appropriated under section 156(a)(1) is not 
     less than $20,000,000.
       (3) References.--References in this subsection to subtitle 
     D shall not be considered to include section 153(c)(4).
       (d) Technical Assistance on Electronic Information 
     Sharing.--In addition to any funds reserved under subsection 
     (c), the Secretary shall reserve $100,000 from the amount 
     appropriated under subsection (a) for each fiscal year to 
     carry out section 153(c)(4).
       (e) Limitation.--For any fiscal year for which the amount 
     appropriated under subsection (a) is not less than 
     $10,000,000, not more than 50 percent of such amount shall be 
     used for activities carried out under section 161(2)(A).

  TITLE II--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;

[[Page 16267]]

       (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.);
       (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''.

[[Page 16268]]

       (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.
  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.

[[Page 16269]]

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 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.

[[Page 16270]]


  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 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.

[[Page 16271]]

  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 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

[[Page 16272]]

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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