Home > 106th Congressional Bills > S. 1809 (is) To improve service systems for individuals with developmental disabilities, and for other purposes. [Introduced in Senate] ...S. 1809 (is) To improve service systems for individuals with developmental disabilities, and for other purposes. [Introduced in Senate] ...
or off a job.
(20) Prevention activities.--The term ``prevention
activities'' means activities that address the causes of
developmental disabilities and the exacerbation of functional
limitation, such as activities that--
(A) eliminate or reduce the factors that cause or
predispose individuals to developmental disabilities or
that increase the prevalence of developmental
disabilities;
(B) increase the early identification of problems
to eliminate circumstances that create or increase
functional limitations; and
(C) mitigate against the effects of developmental
disabilities throughout the lifespan of an individual.
(21) Productivity.--The term ``productivity'' means--
(A) engagement in income-producing work that is
measured by increased income, improved employment
status, or job advancement; or
(B) engagement in work that contributes to a
household or community.
(22) Protection and advocacy system.--The term ``protection
and advocacy system'' means a protection and advocacy system
established in accordance with section 143.
(23) Quality assurance activities.--The term ``quality
assurance activities'' means advocacy, capacity building, and
systemic change activities that result in improved consumer-
and family-centered quality assurance and that result in
systems of quality assurance and consumer protection that--
(A) include monitoring of services, supports, and
assistance provided to an individual with developmental
disabilities that ensures that the individual--
(i) will not experience abuse, neglect,
sexual or financial exploitation, or violation
of legal or human rights; and
(ii) will not be subject to the
inappropriate use of restraints or seclusion;
(B) include training in leadership, self-advocacy,
and self-determination for individuals with
developmental disabilities, their families, and their
guardians to ensure that those individuals--
(i) will not experience abuse, neglect,
sexual or financial exploitation, or violation
of legal or human rights; and
(ii) will not be subject to the
inappropriate use of restraints or seclusion;
or
(C) include activities related to interagency
coordination and systems integration that result in
improved and enhanced services, supports, and other
assistance that contribute to and protect the self-
determination, independence, productivity, and
integration and inclusion in all facets of community
life, of individuals with developmental disabilities.
(24) Recreation-related activities.--The term ``recreation-
related activities'' means advocacy, capacity building, and
systemic change activities that result in individuals with
developmental disabilities having access to and use of
recreational, leisure, and social activities, in their
communities.
(25) Rehabilitation technology.--The term ``rehabilitation
technology'' means the systematic application of technologies,
engineering methodologies, or scientific principles to meet the
needs of, and address the barriers confronted by, individuals
with developmental disabilities in areas that include
education, rehabilitation, employment, transportation,
independent living, and recreation. Such term includes
rehabilitation engineering, and the provision of assistive
technology devices and assistive technology services.
(26) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(27) Self-determination activities.--The term ``self-
determination activities'' means activities that result in
individuals with developmental disabilities, with appropriate
assistance, having--
(A) the ability and opportunity to communicate and
make personal decisions;
(B) the ability and opportunity to communicate
choices and exercise control over the type and
intensity of services, supports, and other assistance
the individuals receive;
(C) the authority to control resources to obtain
needed services, supports, and other assistance;
(D) opportunities to participate in, and contribute
to, their communities; and
(E) support, including financial support, to
advocate for themselves and others, to develop
leadership skills, through training in self-advocacy,
to participate in coalitions, to educate policymakers,
and to play a role in the development of public
policies that affect individuals with developmental
disabilities.
(28) State.--The term ``State'', except as otherwise
provided, includes, in addition to each of the several States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(29) State council on developmental disabilities.--The term
``State Council on Developmental Disabilities'' means a Council
established under section 125.
(30) Supported employment services.--The term ``supported
employment services'' means services that enable individuals
with developmental disabilities to perform competitive work in
integrated work settings, in the case of individuals with
developmental disabilities--
(A)(i) for whom competitive employment has not
traditionally occurred; or
(ii) for whom competitive employment has been
interrupted or intermittent as a result of significant
disabilities; and
(B) who, because of the nature and severity of
their disabilities, need intensive supported employment
services or extended services in order to perform such
work.
(31) Transportation-related activities.--The term
``transportation-related activities'' means advocacy, capacity
building, and systemic change activities that result in
individuals with developmental disabilities having access to
and use of transportation.
(32) Unserved and underserved.--The term ``unserved and
underserved'' includes populations such as individuals from
racial and ethnic minority backgrounds, disadvantaged
individuals, individuals with limited English proficiency,
individuals from underserved geographic areas (rural or urban),
and specific groups of individuals within the population of
individuals with developmental disabilities, including
individuals who require assistive technology in order to
participate in and contribute to community life.
SEC. 103. RECORDS AND AUDITS.
(a) Records.--Each recipient of assistance under this title shall
keep such records as the Secretary shall prescribe, including--
(1) records that fully disclose--
(A) the amount and disposition by such recipient of
the assistance;
(B) the total cost of the project or undertaking in
connection with which such assistance is given or used;
and
(C) the amount of that portion of the cost of the
project or undertaking that is supplied by other
sources; and
(2) such other records as will facilitate an effective
audit.
(b) Access.--The Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, shall
have access for the purpose of audit and examination to any books,
documents, papers, and records of the recipients of assistance under
this title that are pertinent to such assistance.
SEC. 104. RESPONSIBILITIES OF THE SECRETARY.
(a) Program Accountability.--
(1) In general.--In order to monitor entities that received
funds under this Act to carry out activities under subtitles B,
C, and D and determine the extent to which the entities have
been responsive to the purpose of this title and have taken
actions consistent with the policy described in section 101(c),
the Secretary shall develop and implement an accountability
process as described in this subsection, with respect to
activities conducted after October 1, 2000.
(2) Areas of emphasis.--The Secretary shall develop a
process for identifying and reporting (pursuant to section 105)
on progress achieved through advocacy, capacity building, and
systemic change activities, undertaken by the entities
described in paragraph (1), that resulted in individuals with
developmental disabilities and their families participating in
the design of and having access to needed community services,
individualized supports, and other forms of assistance that
promote self-determination, independence, productivity, and
integration and inclusion in all facets of community life.
Specifically, the Secretary shall develop a process for
identifying and reporting on progress achieved, through
advocacy, capacity building, and systemic change activities, by
the entities in the areas of emphasis.
(3) Indicators of progress.--
(A) In general.--In identifying progress made by
the entities described in paragraph (1) in the areas of
emphasis, the Secretary, in consultation with the
Commissioner of the Administration on Developmental
Disabilities and the entities, shall develop indicators
for each area of emphasis.
(B) Proposed indicators.--Not later than 180 days
after the date of enactment of this Act, the Secretary
shall develop and publish in the Federal Register for
public comment proposed indicators of progress for
monitoring how entities described in paragraph (1) have
addressed the areas of emphasis described in paragraph
(2) in a manner that is responsive to the purpose of
this title and consistent with the policy described in
section 101(c).
(C) Final indicators.--Not later than October 1,
2000, the Secretary shall revise the proposed
indicators of progress, to the extent necessary based
on public comment, and publish final indicators of
progress in the Federal Register.
(D) Specific measures.--At a minimum, the
indicators of progress shall be used to describe and
measure--
(i) the satisfaction of individuals with
developmental disabilities with the advocacy,
capacity building, and systemic change
activities provided under subtitles B, C, and
D;
(ii) the extent to which the advocacy,
capacity building, and systemic change
activities provided through subtitles B, C, and
D result in improvements in--
(I) the ability of individuals with
developmental disabilities to make
choices and exert control over the
type, intensity, and timing of
services, supports, and assistance that
the individuals have used;
(II) the ability of individuals
with developmental disabilities to
participate in the full range of
community life with persons of the
individuals' choice; and
(III) the ability of individuals
with developmental disabilities to
access services, supports, and
assistance in a manner that ensures
that such an individual is free from
abuse, neglect, sexual and financial
exploitation, violation of legal and
human rights, and the inappropriate use
of restraints and seclusion; and
(iii) the extent to which the entities
described in paragraph (1) collaborate with
each other to achieve the purpose of this title
and the policy described in section 101(c).
(4) Time line for compliance with indicators of progress.--
The Secretary shall require entities described in paragraph (1)
to meet the indicators of progress described in paragraph (3).
For fiscal year 2001 and each year thereafter, the Secretary
shall apply the indicators in monitoring entities described in
paragraph (1), with respect to activities conducted after
October 1, 2000.
(b) Time Line for Regulations.--Except as otherwise expressly
provided in this title, the Secretary, not later than 1 year after the
date of enactment of this Act, shall promulgate such regulations as may
be required for the implementation of this title.
(c) Interagency Committee.--
(1) In general.--The Secretary shall maintain the
interagency committee authorized in section 108 of the
Developmental Disabilities Assistance and Bill of Rights Act
(42 U.S.C. 6007) as in effect on the day before the date of
enactment of this Act, except as otherwise provided in this
subsection.
(2) Composition.--The interagency committee shall be
composed of representatives of--
(A) the Administration on Developmental
Disabilities, the Administration on Children, Youth,
and Families, the Administration on Aging, and the
Health Resources and Services Administration, of the
Department of Health and Human Services; and
(B) such other Federal departments and agencies as
the Secretary of Health and Human Services considers to
be appropriate.
(3) Duties.--Such interagency committee shall meet
regularly to coordinate and plan activities conducted by
Federal departments and agencies for individuals with
developmental disabilities.
(4) Meetings.--Each meeting of the interagency committee
(except for any meetings of any subcommittees of the committee)
shall be open to the public. Notice of each meeting, and a
statement of the agenda for the meeting, shall be published in
the Federal Register not later than 14 days before the date on
which the meeting is to occur.
SEC. 105. REPORTS OF THE SECRETARY.
At least once every 2 years, the Secretary, using information
submitted in the reports and information required under subtitles B, C,
D, and E, shall prepare and submit to the President, Congress, and the
National Council on Disability, a report that describes the goals and
outcomes of programs supported under subtitles B, C, D, and E. In
preparing the report, the Secretary shall provide--
(1) meaningful examples of how the councils, protection and
advocacy systems, centers, and entities funded under subtitles
B, C, D, and E, respectively--
(A) have undertaken coordinated activities with
each other;
(B) have enhanced the ability of individuals with
developmental disabilities and their families to
participate in the design of and have access to needed
community services, individualized supports, and other
forms of assistance that promote self-determination,
independence, productivity, and integration and
inclusion in all facets of community life;
(C) have brought about advocacy, capacity building,
and systemic change activities (including policy
reform), and other actions on behalf of individuals
with developmental disabilities and their families,
including individuals who are traditionally unserved or
underserved, particularly individuals who are members
of ethnic and racial minority groups and individuals
from underserved geographic areas; and
(D) have brought about advocacy, capacity building,
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