Public Law 106–402 106th Congress An Act

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Developmental Disabilities Assistance and Bill of Rights Act of 2000’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows: Sec. 1. Short title; table of contents.

TITLE I—PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

Subtitle A—General Provisions

Sec. 101. Findings, purposes, and policy. Sec. 102. Definitions. Sec. 103. Records and audits. Sec. 104. Responsibilities of the Secretary. Sec. 105. Reports of the Secretary. Sec. 106. State control of operations. Sec. 107. Employment of individuals with disabilities. Sec. 108. Construction. Sec. 109. Rights of individuals with developmental disabilities.

Subtitle B—Federal Assistance to State Councils on Developmental Disabilities

Sec. 121. Purpose. Sec. 122. State allotments. Sec. 123. Payments to the States for planning, administration, and services. Sec. 124. State plan. Sec. 125. State Councils on Developmental Disabilities and designated State agen

cies. 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.

Oct. 30, 2000

[S. 1809]

Developmental Disabilities Assistance and Bill of Rights Act of 2000. 42 USC 15001 note.

Sec. 155. Definition. Sec. 156. Authorization of appropriations.

Subtitle E—Projects of National Significance

Sec. 161. Purpose. Sec. 162. Grant authority. Sec. 163. Authorization of appropriations.

TITLE II—FAMILY SUPPORT

Sec. 201. Short title. Sec. 202. Findings, purposes, and policy. Sec. 203. Definitions and special rule. Sec. 204. Grants to States. Sec. 205. Application. Sec. 206. Designation of the lead entity. Sec. 207. Authorized activities. Sec. 208. Reporting. Sec. 209. Technical assistance. Sec. 210. Evaluation. Sec. 211. Projects of national significance. Sec. 212. Authorization of appropriations.

TITLE III—PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

Sec. 301. Findings. Sec. 302. Definitions. Sec. 303. Reaching up scholarship program. Sec. 304. Staff development curriculum authorization. Sec. 305. Authorization of appropriations.

TITLE IV—REPEAL Sec. 401. Repeal.

TITLE I—PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

Subtitle A—General Provisions

42 USC 15001. SEC. 101. FINDINGS, PURPOSES, AND POLICY.

(a)
FINDINGS.—Congress finds that—

(1)
disability is a natural part of the human experiencethat 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 4,500,000individuals 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 atgreater 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 developmentaldisabilities 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 requirelifelong 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, andother assistance are provided in a culturally competent manner, that ensures that individuals from racial and ethnic minority backgrounds are fully included in all activities provided under this title;

(9)
family members, friends, and members of the commu-nity 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 individ-uals with developmental disabilities live with their families or in their own households;

(11)
many service delivery systems and communities arenot 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 developmentaldisabilities are waiting for appropriate services in their communities, in the areas of emphasis;

(13)
the public needs to be made more aware of the capabili-ties 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 develop-mental 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 individualsfrom minority backgrounds into professions serving individuals with developmental disabilities and their families;

(16)
the goals of the Nation properly include a goal ofproviding individuals with developmental disabilities with the information, skills, opportunities, and support to—

(A)
make informed choices and decisions about theirlives;

(B)
live in homes and communities in which suchindividuals can exercise their full rights and responsibilities as citizens;

(C) pursue meaningful and productive lives;

(D)
contribute to their families, communities, andStates, and the Nation;

(E)
have interdependent friendships and relationshipswith other persons;

(F)
live free of abuse, neglect, financial and sexualexploitation, 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 andexpand 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 eachState to engage in advocacy, capacity building, and systemic change activities that—

(A)
are consistent with the purpose described in thissubsection 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 protectthe legal and human rights of individuals with developmental disabilities;

(3)
University Centers for Excellence in DevelopmentalDisabilities Education, Research, and Service—

(A)
to provide interdisciplinary pre-service preparationand 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 assistancefor individuals with developmental disabilities, their families, professionals, paraprofessionals, policy-makers, students, and other members of the community; and

(ii)
that may provide services, supports, and assist-ance for the persons described in clause (i) through demonstration and model activities;

(C)
to conduct research, which may include basic orapplied 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 activitiesundertaken 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 onissues that are directly or indirectly relevant to the lives of individuals with developmental disabilities;

(B)
technical assistance to entities who engage in orintend 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, includingthose 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, individual ized supports, and other forms of assistance;

(2)
individuals with developmental disabilities and theirfamilies 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 theirfamilies 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 pro-vided in a manner that demonstrates respect for individual dignity, personal preferences, and cultural differences;

(5)
specific efforts must be made to ensure that individualswith developmental disabilities from racial and ethnic minority backgrounds and their families enjoy increased and meaningful opportunities to access and use community services, individual ized supports, and other forms of assistance available to other individuals with developmental disabilities and their families;

(6)
recruitment efforts in disciplines related to develop-mental 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 acces-sible 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 accessto 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 disabilitiesneed 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 tohave 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 tohave access to and use of recreational, leisure, and social opportunities in the most integrated settings, in order to enrich their participation in community life.

42 USC 15002. SEC. 102. DEFINITIONS.

In this title:

(1)
AMERICAN INDIAN CONSORTIUM.—The term ‘‘American Indian Consortium’’ means any confederation of 2 or more recognized American Indian tribes, created through the official action of each participating tribe, that has a combined total resident population of 150,000 enrolled tribal members and a contiguous territory of Indian lands in 2 or more States.

(2)
AREAS OF EMPHASIS.—The term ‘‘areas of emphasis’’ means the areas related to quality assurance activities, education activities and early intervention activities, child care-related activities, health-related activities, employment-related activities, housing-related activities, transportation-related activities, recreation-related activities, and other services available or offered to individuals in a community, including formal and informal community supports, that affect their quality of life.

(3)
ASSISTIVE TECHNOLOGY DEVICE.—The term ‘‘assistive technology device’’ means any item, piece of equipment, or product system, whether acquired commercially, modified or customized, that is used to increase, maintain, or improve

functional capabilities of individuals with developmental disabilities.

(4)
ASSISTIVE TECHNOLOGY SERVICE.—The term ‘‘assistive technology service’’ means any service that directly assists an individual with a developmental disability in the selection, acquisition, or use of an assistive technology device. Such term includes—

(A)
conducting an evaluation of the needs of an indi-vidual with a developmental disability, including a func tional evaluation of the individual in the individual’s cus tomary environment;

(B)
purchasing, leasing, or otherwise providing for theacquisition of an assistive technology device by an indi vidual 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, interven-tion, 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 anindividual with a developmental disability, or, where appro priate, a family member, guardian, advocate, or authorized representative of an individual with a developmental dis ability; and

(F)
providing training or technical assistance for profes-sionals (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 impair-ment or combination of mental and physical impairments;

(ii)
is manifested before the individual attains age22;

(iii) is likely to continue indefinitely;

(iv)
results in substantial functional limitationsin 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 combinationand 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 maximizetheir potential; and

(B)
the capacity of families to meet the special needsof 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 ‘‘employ-ment-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 care-giver;

(ii)
prevent inappropriate out-of-the-home place-ment of the members and maintain family unity; and

(iii) reunite families with members who have beenplaced 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 care givers, vehicular and home modifications, and assistance with extraordinary expenses, associated with the needs of individuals with developmental disabilities.

(13)
HEALTH-RELATED ACTIVITIES.—The term ‘‘healthrelated 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 ‘‘housingrelated 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 individualsand families of their own choice;

(B)
live in homes close to community resources, withregular contact with individuals without disabilities in their communities;

(C)
enjoy full access to and active participation inthe same community activities and types of employment as individuals without disabilities; and

(D)
take full advantage of their integration into thesame community resources as individuals without disabil ities, 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 dis-ability 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 individ-ual’s environment, permitting the most independent life possible;

(ii)
prevent placement into a more restrictive livingarrangement 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 agingcaregivers of individuals with developmental disabilities; and

(vii) provision of rehabilitation technology andassistive technology, and assistive technology services.

(17)
INTEGRATION.—The term ‘‘integration’’, used with respect to individuals with developmental disabilities, means exercising the equal right of individuals with developmental disabilities to access and use the same community resources as are used by and available to other individuals.

(18)
NOT-FOR-PROFIT.—The term ‘‘not-for-profit’’, used with respect to an agency, institution, or organization, means an agency, institution, or organization that is owned or operated by 1 or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(19)
PERSONAL ASSISTANCE SERVICES.—The term ‘‘personal assistance services’’ means a range of services, provided by 1 or more individuals, designed to assist an individual with a disability to perform daily activities, including activities on or off a job that such individual would typically perform if such individual did not have a disability. Such services shall be designed to increase such individual’s control in life and ability to perform everyday activities, including activities on or off a job.

(20)
PREVENTION ACTIVITIES.—The term ‘‘prevention activities’’ means activities that address the causes of developmental disabilities and the exacerbation of functional limitation, such as activities that—

(A)
eliminate or reduce the factors that cause or pre-dispose individuals to developmental disabilities or that increase the prevalence of developmental disabilities;

(B)
increase the early identification of problems toeliminate circumstances that create or increase functional limitations; and

(C)
mitigate against the effects of developmentaldisabilities throughout the lifespan of an individual.

(21)
PRODUCTIVITY.—The term ‘‘productivity’’ means—

(A)
engagement in income-producing work that ismeasured by increased income, improved employment status, or job advancement; or

(B)
engagement in work that contributes to a householdor 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 assist-ance provided to an individual with developmental disabilities that ensures that the individual—

(i)
will not experience abuse, neglect, sexual orfinancial exploitation, or violation of legal or human rights; and

(ii)
will not be subject to the inappropriate useof restraints or seclusion;

(B)
include training in leadership, self-advocacy, andself-determination for individuals with developmental disabilities, their families, and their guardians to ensure that those individuals—

(i)
will not experience abuse, neglect, sexual orfinancial exploitation, or violation of legal or human rights; and

(ii)
will not be subject to the inappropriate useof restraints or seclusion; or

(C)
include activities related to interagency coordina-tion and systems integration that result in improved and enhanced services, supports, and other assistance that con tribute 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 ‘‘recre-ation-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 ‘‘selfdetermination activities’’ means activities that result in individuals with developmental disabilities, with appropriate assistance, having—

(A)
the ability and opportunity to communicate andmake personal decisions;

(B)
the ability and opportunity to communicate choicesand exercise control over the type and intensity of services, supports, and other assistance the individuals receive;

(C)
the authority to control resources to obtain neededservices, supports, and other assistance;

(D)
opportunities to participate in, and contribute to,their communities; and

(E)
support, including financial support, to advocatefor themselves and others, to develop leadership skills, through training in self-advocacy, to participate in coali tions, 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 inter-rupted or intermittent as a result of significant disabilities; and

(B)
who, because of the nature and severity of theirdisabilities, 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.

42 USC 15003. 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 ofthe assistance;

(B)
the total cost of the project or undertaking inconnection with which such assistance is given or used; and

(C)
the amount of that portion of the cost of the projector 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.

42 USC 15004. 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 Deadline. after the date of enactment of this Act, the Secretary shall Federal Register, develop and publish in the Federal Register for public publication. comment proposed indicators of progress for monitoring how entities described in paragraph (1) have addressed the areas of emphasis described in paragraph (2) in a manner that is responsive to the purpose of this title and consistent with the policy described in section 101(c).

(C)
FINAL INDICATORS.—Not later than October 1, 2001, Deadline. the Secretary shall revise the proposed indicators of Federal Register, progress, to the extent necessary based on public comment, publication. 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 develop-mental disabilities with the advocacy, capacity building, and systemic change activities provided under subtitles B, C, and D;

(ii)
the extent to which the advocacy, capacitybuilding, and systemic change activities provided through subtitles B, C, and D result in improvements in—

(I) the ability of individuals with develop-mental 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 develop-mental disabilities to participate in the full range of community life with persons of the individuals’ choice; and

(III) the ability of individuals with develop-mental 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 inparagraph (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.

Deadline. (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 asthe 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 com-Federal Register, mittee) shall be open to the public. Notice of each meeting,publication. and a statement of the agenda for the meeting, shall be pub-Deadline. lished in the Federal Register not later than 14 days before

the date on which the meeting is to occur.

42 USC 15005. 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, protectionand advocacy systems, centers, and entities funded under sub titles B, C, D, and E, respectively—

(A)
have undertaken coordinated activities with eachother;

(B)
have enhanced the ability of individuals withdevelopmental 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 authorizedunder this title have addressed—

(A)
protecting individuals with developmental disabil-ities 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 individ-uals with developmental disabilities; and

(3)
a summary of any incidents of noncompliance of theprograms 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. 42 USC 15006.

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. 42 USC 15007.

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 of1990 (42 U.S.C. 12101 et seq.), that govern employment.

42 USC 15008. 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.

42 USC 15009. 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 rightto appropriate treatment, services, and habilitation for such disabilities, consistent with section 101(c).

(2)
The treatment, services, and habitation for an individualwith 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 havean 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 thatare 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 appropriateand sufficient medical and dental services;

(iii) prohibition of the use of physical restraintand 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 chemicalrestraints 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 ofsuch individuals to visit the individuals without prior notice.

(4)
All programs for individuals with developmental disabil-ities should meet standards—

(A) that are designed to assure the most favorablepossible 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 individ-uals with developmental disabilities, that assure that—

(I)
care is appropriate to the needs of the individ-uals being served by such programs;

(II)
the individuals admitted to facilities of suchprograms are individuals whose needs can be met through services provided by such facilities; and

(III) the facilities of such programs provide forthe humane care of the residents of the facilities, are sanitary, and protect their rights; and

(iii) in the case of nonresidential programs, that assurethat 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. 42 USC 15021.

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 systemicchange 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-cen-tered, 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. 42 USC 15022.

(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 individualswith developmental disabilities; and

(iii) the financial need,of the respective States.

Deadline.

(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 UnitedStates 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) maynot 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 UnitedStates 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) maynot 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 129for 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.

42 USC 15023. 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.

42 USC 15024. SEC. 124. STATE PLAN.

(a)
IN GENERAL.—Any State desiring to receive assistance under this subtitle shall submit to the Secretary, and obtain approval of, a 5-year strategic State plan under this section.

(b)
PLANNING CYCLE.—The plan described in subsection (a) shall be updated as appropriate during the 5-year period.

(c)
STATE PLAN REQUIREMENTS.—In order to be approved by the Secretary under this section, a State plan shall meet each of the following requirements:

(1)
STATE COUNCIL.—The plan shall provide for the establishment and maintenance of a Council in accordance with section 125 and describe the membership of such Council.

(2)
DESIGNATED STATE AGENCY.—The plan shall identify the agency or office within the State designated to support the Council in accordance with this section and section 125(d) (referred to in this subtitle as a ‘‘designated State agency’’).

(3)
COMPREHENSIVE REVIEW AND ANALYSIS.—The plan shall describe the results of a comprehensive review and analysis of the extent to which services, supports, and other assistance are available to individuals with developmental disabilities and their families, and the extent of unmet needs for services, supports, and other assistance for those individuals and their families, in the State. The results of the comprehensive review and analysis shall include—

(A) a description of the services, supports, and otherassistance 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 healthcare, services for children with special health care needs, children’s mental health services, comprehen sive health and mental health services, and institu tional care options;

(ii)
job training, job placement, worksite accommo-dation, 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 oper-ating 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 serv-ices 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 withdevelopmental disabilities that are attributable to either physical impairment, mental impairment, or a combination of physical and mental impairments;

(ii)
criteria for eligibility for services, includingspecialized services and special adaptation of generic services provided by agencies within the State, that may exclude individuals with developmental disabil ities from receiving services described in this clause;

(iii) the barriers that impede full participation ofmembers of unserved and underserved groups of individuals with developmental disabilities and their families;

(iv)
the availability of assistive technology, assistive technology services, or rehabilitation tech nology, or information about assistive technology, assistive technology services, or rehabilitation tech nology to individuals with developmental disabilities;

(v)
the numbers of individuals with developmentaldisabilities on waiting lists for services described in this subparagraph;

(vi)
a description of the adequacy of currentresources and projected availability of future resources to fund services described in this subparagraph;

(vii) a description of the adequacy of health careand 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 subtitlesC 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 datadriven 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 individualswith 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 thedirect funding of a State self-advocacy organization led by individuals with developmental disabilities;

(II)
support opportunities for individuals withdevelopmental 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 eachgoal; and

(iii) the method to be used to determine if eachgoal 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 willbe expended for activities related to the goals described in paragraph (4);

(ii)
such funds will contribute to the achievementof the purpose of this subtitle in various political sub divisions of the State;

(iii) such funds will be used to supplement, andnot supplant, the non-Federal funds that would other wise be made available for the purposes for which the funds paid under section 122 are provided;

(iv)
such funds will be used to complement andaugment 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 bythe State to public or private entities;

(vi)
at the request of any State, a portion of suchfunds provided to such State under this subtitle for

1

any fiscal year shall be available to pay up to ⁄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 willbe allocated to the designated State agency for service demonstrations by such agency that—

(I) contribute to the achievement of the pur-pose of this subtitle; and

(II) are explicitly authorized by the Council.

(C)
STATE FINANCIAL PARTICIPATION.—The plan shall provide assurances that there will be reasonable State financial participation in the cost of carrying out the plan.

(D)
CONFLICT OF INTEREST.—The plan shall provide an assurance that no member of such Council will cast a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest.

(E)
URBAN AND RURAL POVERTY AREAS.—The plan shall provide assurances that special financial and technical assistance will be given to organizations that provide community services, individualized supports, and other forms of assistance to individuals with developmental disabilities who live in areas designated as urban or rural poverty areas.

(F)
PROGRAM ACCESSIBILITY STANDARDS.—The plan shall provide assurances that programs, projects, and activities funded under the plan, and the buildings in which such programs, projects, and activities are operated, will meet standards prescribed by the Secretary in regulations and all applicable Federal and State accessibility standards, including accessibility requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), and the Fair Housing Act (42 U.S.C. 3601 et seq.).

(G)
INDIVIDUALIZED SERVICES.—The plan shall provide assurances that any direct services provided to individuals with developmental disabilities and funded under the plan will be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of such individual.

(H)
HUMAN RIGHTS.—The plan shall provide assurances that the human rights of the individuals with developmental disabilities (especially individuals without familial protection) who are receiving services under programs assisted under this subtitle will be protected consistent with section 109 (relating to rights of individuals with developmental disabilities).

(I)
MINORITY PARTICIPATION.—The plan shall provide assurances that the State has taken affirmative steps to assure that participation in programs funded under this subtitle is geographically representative of the State, and reflects the diversity of the State with respect to race and ethnicity.

(J)
EMPLOYEE PROTECTIONS.—The plan shall provide assurances that fair and equitable arrangements (as determined by the Secretary after consultation with the Secretary of Labor) will be provided to protect the interests of employees affected by actions taken under the plan to provide community living activities, including arrangements designed to preserve employee rights and benefits and provide training and retraining of such employees where necessary, and arrangements under which maximum efforts will be made to guarantee the employment of such employees.

(K)
STAFF ASSIGNMENTS.—The plan shall provide assurances that the staff and other personnel of the Council, while working for the Council, will be responsible solely for assisting the Council in carrying out the duties of the Council under this subtitle and will not be assigned duties by the designated State agency, or any other agency, office, or entity of the State.

(L)
NONINTERFERENCE.—The plan shall provide assurances that the designated State agency, and any other agency, office, or entity of the State, will not interfere with the advocacy, capacity building, and systemic change activities, budget, personnel, State plan development, or plan implementation of the Council, except that the designated State agency shall have the authority necessary to carry out the responsibilities described in section 125(d)(3).

(M)
STATE QUALITY ASSURANCE.—The plan shall provide assurances that the Council will participate in the planning, design or redesign, and monitoring of State quality assurance systems that affect individuals with developmental disabilities.

(N)
OTHER ASSURANCES.—The plan shall contain such additional information and assurances as the Secretary may find necessary to carry out the provisions (including the purpose) of this subtitle.

(d)
PUBLIC INPUT AND REVIEW, SUBMISSION, AND APPROVAL.—

(1)
PUBLIC INPUT AND REVIEW.—The plan shall be based on public input. The Council shall make the plan available for public review and comment, after providing appropriate and sufficient notice in accessible formats of the opportunity for such review and comment. The Council shall revise the plan to take into account and respond to significant comments.

(2)
CONSULTATION WITH THE DESIGNATED STATE AGENCY.— Before the plan is submitted to the Secretary, the Council shall consult with the designated State agency to ensure that the State plan is consistent with State law and to obtain appropriate State plan assurances.

(3)
PLAN APPROVAL.—The Secretary shall approve any State plan and, as appropriate, amendments of such plan that comply with the provisions of subsections (a), (b), and (c) and this subsection. The Secretary may take final action to disapprove a State plan after providing reasonable notice and an oppor tunity for a hearing to the State.

SEC. 125. STATE COUNCILS ON DEVELOPMENTAL DISABILITIES AND 42 USC 15025. 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 develop-mental disabilities; or

(iii) immediate relatives or guardians of adults withmentally impairing developmental disabilities who cannot advocate for themselves; and

(B)
not employees of a State agency that receives fundsor 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 pro-vided 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 theSocial 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 non-governmental 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 policyplanning and implementation on behalf of the department, agency, or program such representatives represent; and

(ii)
recuse themselves from any discussion ofgrants 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 disabil ities 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 develop mental 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 theCouncil was achieved for that year;

(B)
determine to the extent that each goal was notachieved, the factors that impeded the achievement;

(C)
determine needs that require amendment of the5-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 sup-ported or conducted activities.

(4)
STATE PLAN DEVELOPMENT.—The Council shall develop the State plan and submit the State plan to the Secretary after consultation with the designated State agency under the State plan. Such consultation shall be solely for the purposes of obtaining State assurances and ensuring consistency of the plan with State law.

(5)
STATE PLAN IMPLEMENTATION.—

(A)
IN GENERAL.—The Council shall implement the State plan by conducting and supporting advocacy, capacity building, and systemic change activities such as those described in subparagraphs (B) through (L).

(B)
OUTREACH.—The Council may support and conduct outreach activities to identify individuals with developmental disabilities and their families who otherwise might not come to the attention of the Council and assist and enable the individuals and families to obtain services, individualized supports, and other forms of assistance, including access to special adaptation of generic community services or specialized services.

(C)
TRAINING.—The Council may support and conduct training for persons who are individuals with developmental disabilities, their families, and personnel (including professionals, paraprofessionals, students, volunteers, and other community members) to enable such persons to obtain access to, or to provide, community services, individualized supports, and other forms of assistance, including special adaptation of generic community services or specialized services for individuals with developmental disabilities and their families. To the extent that the Council supports or conducts training activities under this subparagraph, such activities shall contribute to the achievement of the purpose of this subtitle.

(D)
TECHNICAL ASSISTANCE.—The Council may support and conduct technical assistance activities to assist public and private entities to contribute to the achievement of the purpose of this subtitle.

(E)
SUPPORTING AND EDUCATING COMMUNITIES.—The Council may support and conduct activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families—

(i) by encouraging local networks to provide informal and formal supports;

(ii) through education; and

(iii) by enabling neighborhoods and communitiesto offer such individuals and their families access to and use of services, resources, and opportunities.

(F)
INTERAGENCY COLLABORATION AND COORDINA-TION.—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, author-ized 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 underpart 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, capacitybuilding, and systemic change activities to benefit individuals with disabilities.

(H)
BARRIER ELIMINATION, SYSTEMS DESIGN AND REDESIGN.—The Council may support and conduct activities to eliminate barriers to access and use of community services by individuals with developmental disabilities, enhance systems design and redesign, and enhance citizen participation to address issues identified in the State plan.

(I)
COALITION DEVELOPMENT AND CITIZEN PARTICIPA-TION.—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 policy-makers 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 dem onstrate 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 develop mental disabilities and their families, services, sup ports, and assistance that contribute to the achieve ment 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 activi ties 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 wereachieved;

(B)
a description of the strategies that contributedto 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 goaldescribed 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 Councilsupported 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 andother 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 paidto the State under this subtitle for a fiscal year were expended;

(H)
a description of—

(i)
resources made available to carry out activitiesto assist individuals with developmental disabilities that are directly attributable to Council actions; and

(ii)
resources made available for such activitiesthat are undertaken by the Council in collaboration with other entities; and

(I)
a description of the method by which the Councilwill 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 reason-able 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 travelto authorized training and technical assistance activities including in-service training and leadership development activities; and

(IV) carrying out appropriate subcontracting activi-ties;

(B)
hiring and maintaining such numbers and typesof staff (qualified by training and experience) and obtaining the services of such professional, consulting, technical, and clerical staff (qualified by training and experience), con sistent 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 sub title; and

(C)
directing the expenditure of funds for grants, con-tracts, 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 des-ignated State agency under the laws of the State;

(ii)
a State agency that does not provide or payfor services for individuals with developmental disabilities; or

(iii) a State office, including the immediate officeof 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 commentsand 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 thecase 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 pre ferred designated State agency.

(D)
APPEAL OF DESIGNATION.—After the review is com pleted 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 underthis 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 deter mine 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.

42 USC 15026. 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 Federalfunds provided under any provision of law other than section 122; and

(2)
the amount of any non-Federal funds required to beexpended as a condition of receipt of the Federal funds described in paragraph (1).

(c)
NON-FEDERAL SHARE.—

(1)
IN-KIND CONTRIBUTIONS.—The non-Federal share of the cost of any project supported by an allotment under this subtitle may be provided in cash or in kind, fairly evaluated, including plant, equipment, or services.

(2)
CONTRIBUTIONS OF POLITICAL SUBDIVISIONS AND PUBLIC OR PRIVATE ENTITIES.—

(A)
IN GENERAL.—Contributions to projects by a political subdivision of a State or by a public or private entity under an agreement with the State shall, subject to such limitations and conditions as the Secretary may by regulation prescribe under section 104(b), be considered to be contributions by such State, in the case of a project supported under this subtitle.

(B)
STATE CONTRIBUTIONS.—State contributions, including contributions by the designated State agency to

provide support services to the Council pursuant to section 125(d)(4), may be counted as part of such State’s non-Federal share of the cost of projects supported under this subtitle.

(3) VARIATIONS OF THE NON-FEDERAL SHARE.—The non- Federal share required of each recipient of a grant from a Council under this subtitle may vary.

SEC. 127.WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRA-42 USC 15027. TION, 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 substantiallywith any of the provisions required by section 124 to be included in the State plan, particularly provisions required by para graphs (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 substantiallywith 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. 42 USC 15028.

(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