S. 1284

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To amend the Developmental Disabilities Assistance and Bill of Rights Act to

modify certain provisions relating to programs for individuals with developmental

disabilities, Federal assistance for priority area activities for individuals with

developmental disabilities, protection and advocacy of individual rights, university

affiliated programs, and projects of national significance, 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 Amendments of 1994’’.

(b) TABLE OF CONTENTS.—The table of contents is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

TITLE I—GENERAL PROVISIONS

Sec. 101. Headings and short title. Sec. 102. Findings and purposes. Sec. 103. Definitions.

Sec. 104. Federal share.

Sec. 105. Records and audits.

Sec. 106. Recovery. Sec. 107. State control of operations. Sec. 108. Reports. Sec. 109. Responsibilities of the Secretary. Sec. 110. Employment of handicapped individuals. Sec. 111. Rights of the developmentally disabled.

TITLE II—FEDERAL ASSISTANCE FOR PRIORITY AREA ACTIVITIES FOR

INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

Sec. 201. Part heading. Sec. 202. Purpose. Sec. 203. State plans. Sec. 204. Habilitation plans. Sec. 205. Councils.

Sec. 206. State allotments.

Sec. 207. Federal share and non-Federal share.

Sec. 208. Payments to the States for planning, administration, and services. Sec. 209. Withholding of payments for planning, administration, and services. Sec. 210. Nonduplication. Sec. 211. Appeals by States. Sec. 212. Authorization of appropriations. Sec. 213. Review, analysis, and report.

TITLE III—PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS

WITH DEVELOPMENTAL DISABILITIES

Sec. 301. Part heading. Sec. 302. Purpose. Sec. 303. System required. Sec. 304. Authorization of appropriations.

TITLE IV—UNIVERSITY AFFILIATED PROGRAMS

Sec. 401. Part heading.
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Sec. 402. Purpose.

Sec. 403. Grant authority.

Sec. 404. Applications.

Sec. 405. Grant awards.

Sec. 406. Authorization of appropriations and definition.

TITLE V—PROJECTS OF NATIONAL SIGNIFICANCE

Sec. 501. Part heading.

Sec. 502. Purpose.

Sec. 503. Grant authority.

Sec. 504. Authorization of appropriations.

SEC. 2. REFERENCES.

Except as otherwise specifically provided, whenever in this

Act an amendment or repeal is expressed in terms of an amendment

to, or a repeal of, a section or other provision, the reference shall

be considered to be made to a section or other provision of the

Developmental Disabilities Assistance and Bill of Rights Act (42

U.S.C. 6000 et seq.).

TITLE I—GENERAL PROVISIONS

SEC. 101. HEADINGS AND SHORT TITLE.

(a) TITLE.—The heading of title I of the Act is amended to

read as follows:

‘‘TITLE I—PROGRAMS FOR INDIVIDUALS

WITH DEVELOPMENTAL DISABILITIES’’.

(b) PART.—The heading of part A of title I of the Act is amended

to read as follows:

‘‘PART A—GENERAL PROVISIONS’’.

(c) SHORT TITLE.—Section 100 (42 U.S.C. 6000 note) is

amended—

(1) by striking ‘‘SEC. 100’’; and

(2) in the section heading, by striking ‘‘SHORT TITLE’’ and

inserting the following new section heading:

‘‘SEC. 100. SHORT TITLE.’’.

SEC. 102. FINDINGS AND PURPOSES.

Section 101 (42 U.S.C. 6000) is amended to read as follows:

‘‘SEC. 101. FINDINGS, PURPOSES, AND POLICY.

‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) in 1993 there are more than 3,000,000 individuals

with developmental disabilities in the United States;

‘‘(2) disability is a natural part of the human experience

that does not diminish the right of individuals with developmental disabilities to enjoy the opportunity to live independently,

enjoy self-determination, make choices, contribute to society,

and experience full integration and inclusion in the economic,

political, social, cultural, and educational mainstream of American society;

‘‘(3) individuals with developmental disabilities continually

encounter various forms of discrimination in critical areas;
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‘‘(4) there is a lack of public awareness of the capabilities

and competencies of individuals with developmental disabilities;

‘‘(5) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are

likely to continue indefinitely;

‘‘(6) individuals with developmental disabilities often

require lifelong specialized services and assistance, provided

in a coordinated and culturally competent manner by many

agencies, professionals, advocates, community representatives,

and others to eliminate barriers and to meet the needs of

such individuals and their families;

‘‘(7) a substantial portion of individuals with developmental

disabilities and their families do not have access to appropriate

support and services from generic and specialized service systems and remain unserved or underserved;

‘‘(8) family members, friends, and members of the community can play an important role in enhancing the lives of

individuals with developmental disabilities, especially when the

family and community are provided with the necessary services

and supports;

‘‘(9) there is a need to ensure that services, supports, and

other assistance are provided in a culturally competent manner,

that individuals from racial and ethnic minority backgrounds

are fully included in all activities under this Act, and that

greater efforts are made to recruit individuals from minority

backgrounds into the field of developmental disabilities; and

‘‘(10) the goals of the Nation properly include the goal

of providing individuals with developmental disabilities with

the opportunities and support to—

‘‘(A) make informed choices and decisions;

‘‘(B) live in homes and communities in which such

individuals can exercise their full rights and responsibilities

as citizens;

‘‘(C) pursue meaningful and productive lives;

‘‘(D) contribute to their family, community, State, and

Nation;

‘‘(E) have interdependent friendships and relationships

with others; and

‘‘(F) achieve full integration and inclusion in society,

in an individualized manner, consistent with unique

strengths, resources, priorities, concerns, abilities, and

capabilities of each individual.

‘‘(b) PURPOSE.—The purpose of this Act is to assure that individuals with developmental disabilities and their families participate

in the design of and have access to culturally competent services,

supports, and other assistance and opportunities that promote

independence, productivity, and integration and inclusion into the

community, through—

‘‘(1) support to State Developmental Disabilities Councils

in each State to promote, through systemic change, capacity

building, and advocacy activities that are consistent with the

policy under subsection (c)(2), a consumer and family-centered,

comprehensive system, and a coordinated array of services,

supports, and other assistance for individuals with developmental disabilities and their families;
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‘‘(2) support to protection and advocacy systems in each

State to protect the legal and human rights of individuals

with developmental disabilities;

‘‘(3) support to university affiliated programs to provide

interdisciplinary preservice preparation of students and fellows,

community service activities, and the dissemination of information and research findings; and

‘‘(4) support to national initiatives to collect necessary data,

provide technical assistance to State Developmental Disabilities

Councils, protection and advocacy systems and university affiliated programs, and support other nationally significant activities.

‘‘(c) POLICY.—It is the policy of the United States that all

programs, projects, and activities receiving assistance under this

Act shall be carried out in a manner consistent with the principles

that—

‘‘(1) individuals with developmental disabilities, including

those with the most severe developmental disabilities, are

capable of achieving independence, productivity, and integration and inclusion into the community, and often require the

provision of services, supports and other assistance to achieve

independence, productivity, and integration and inclusion;

‘‘(2) individuals with developmental disabilities and their

families have competencies, capabilities and personal goals that

should be recognized, supported, and encouraged, and any

assistance to such individuals should be provided in an individualized manner, consistent with the unique strengths,

resources, priorities, concerns, abilities, and capabilities of such

individuals;

‘‘(3) individuals with developmental disabilities and their

families are the primary decisionmakers regarding the services

and supports such individuals and their families receive and

play decisionmaking roles in policies and programs that affect

the lives of such individuals and their families;

‘‘(4) services, supports, and other assistance are provided

in a manner that demonstrates respect for individual dignity,

personal preferences, and cultural differences;

‘‘(5) specific efforts must be made to ensure that individuals

from racial and ethnic minority backgrounds enjoy effective

and meaningful opportunities for full participation in the developmental disabilities service system;

‘‘(6) recruitment efforts within developmental disabilities

at the level of preservice training, community training, practice,

administration and policymaking must focus on bringing larger

numbers of racial and ethnic minorities into the field in order

to provide appropriate skills, knowledge, role models, and sufficient manpower to address the growing needs of an increasingly

diverse population;

‘‘(7) with education and support, communities can be

responsive to the needs of individuals with developmental

disabilities and their families and are enriched by the full

and active participation and the contributions by individuals

with developmental disabilities and their families; and

‘‘(8) individuals with developmental disabilities should have

access to opportunities and the necessary support to be included

in community life, have interdependent relationships, live in
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homes and communities, and make contributions to their families, community, State, and Nation.’’.

SEC. 103. DEFINITIONS.

Section 102 (42 U.S.C. 6001) is amended to read as follows:

‘‘SEC. 102. DEFINITIONS.

‘‘For purposes of this title: ‘‘(1) AMERICAN INDIAN CONSORTIUM.—The term ‘American

Indian Consortium’ means any confederation of two 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 two or more States. ‘‘(2) 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.

‘‘(3) 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) the evaluation of the needs of an individual with

a developmental disability, including a functional evaluation of the individual in the individual’s customary environment;

‘‘(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by an individual with a developmental disability; ‘‘(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing or replacing assistive technology devices; ‘‘(D) coordinating and using other therapies, interven- tions, or services with assistive technology devices, such

as those associated with existing education and rehabilitation plans and programs; ‘‘(E) training or technical assistance for an individual with a developmental disability, or, where appropriate, a

family member, guardian, advocate, or authorized representative of an individual with a developmental disability; and ‘‘(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide

services to, employ, or are otherwise substantially involved

in the major life functions of, an individual with developmental disabilities.

‘‘(4) CHILD DEVELOPMENT ACTIVITIES.—The term ‘child

development activities’ means such priority area activities as

will assist in the prevention, identification, and alleviation of

developmental disabilities in children, including early intervention services.

‘‘(5) COMMUNITY LIVING ACTIVITIES.—The term ‘community

living activities’ means such priority area activities as will

assist individuals with developmental disabilities to obtain and
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receive the supports needed to live in their family home or

a home of their own with individuals of their choice and to

develop supports in the community.

‘‘(6) COMMUNITY SUPPORTS.—The term ‘community supports’ means activities, services, supports, and other assistance

designed to—

‘‘(A) assist neighborhoods and communities to be more

responsive to the needs of individuals with developmental

disabilities and their families;

‘‘(B) develop local networks that can provide informal

support; and

‘‘(C) make communities accessible and enable communities to offer their resources and opportunities to individuals with developmental disabilities and their families.

Such term includes community education, personal assistance

services, vehicular and home modifications, support at work,

and transportation.

‘‘(7) CULTURALLY COMPETENT.—The term ‘culturally competent’ means services, supports or other assistance that are

conducted or provided in a manner that is responsive to the

beliefs, interpersonal styles, attitudes, language and behaviors

of individuals who are receiving services, and in a manner

that has the greatest likelihood of ensuring their maximum

participation in the program.

‘‘(8) DEVELOPMENTAL DISABILITY.—The term ‘developmental

disability’ means a severe, chronic disability of an individual

5 years of age or older that—

‘‘(A) is attributable to a mental or physical impairment

or combination of mental and physical impairments; ‘‘(B) is manifested before the individual attains age

22;

‘‘(C) is likely to continue indefinitely;

‘‘(D) results in substantial functional limitations in

three 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; and

‘‘(vii) economic self-sufficiency; and ‘‘(E) reflects the individual’s need for a combination

and sequence of special, interdisciplinary, or generic services, supports, or other assistance that is of lifelong or

extended duration and is individually planned and coordinated,

except that such term, when applied to infants and young

children means individuals from birth to age 5, inclusive, who

have substantial developmental delay or specific congenital or

acquired conditions with a high probability of resulting in developmental disabilities if services are not provided.

‘‘(9) EARLY INTERVENTION SERVICES.—The term ‘early intervention services’ means services provided to infants, toddlers,

young children, and their families to—

‘‘(A) enhance the development of infants, toddlers, and

young children with disabilities and to minimize their

potential for developmental delay; and
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‘‘(B) enhance the capacity of families to meet the special

needs of their infants, toddlers, and young children.

‘‘(10) EMPLOYMENT ACTIVITIES.—The term ‘employment

activities’ means such priority area activities as will increase

the independence, productivity, and integration and inclusion

into the community of individuals with developmental disabilities in work settings.

‘‘(11) FAMILY SUPPORT SERVICE.—The term ‘family support

service’ means services, supports, and other assistance provided

to families with members with developmental disabilities that

are designed to—

‘‘(A) strengthen the family’s role as primary caregiver;

‘‘(B) prevent inappropriate out-of-the-home placement

and maintain family unity; and

‘‘(C) reunite families with members who have been

placed out of the home, whenever possible.

Such term includes respite care, rehabilitation technology, personal assistance services, parent training and counseling, support for elderly parents, vehicular and home modifications,

and assistance with extraordinary expenses associated with

the needs of individuals with developmental disabilities.

‘‘(12) FEDERAL PRIORITY AREAS.—The term ‘Federal priority

areas’ means community living activities, employment activities, child development activities, and system coordination and

community education activities.

‘‘(13) INDEPENDENCE.—The term ‘independence’ means the

extent to which individuals with developmental disabilities

exert control and choice over their own lives.

‘‘(14) INDIVIDUAL SUPPORTS.—The term ‘individual supports’

means services, supports, and other assistance that enable

an individual with a developmental disability to be independent, productive, integrated, and included into such individual’s

community, and that are designed to—

‘‘(A) enable such individual to control such individual’s

environment, permitting the most independent life possible;

‘‘(B) prevent placement into a more restrictive living

arrangement than is necessary; and

‘‘(C) enable such individual to live, learn, work, and

enjoy life in the community.

Such term includes personal assistance services, rehabilitation

technology, vehicular and home modifications, support at work,

and transportation.

‘‘(15) INTEGRATION AND INCLUSION.—The term ‘integration

and inclusion’, with respect to individuals with developmental

disabilities, means—

‘‘(A) the use by individuals with developmental disabilities of the same community resources that are used by

and available to other citizens;

‘‘(B) living in homes close to community resources,

with regular contact with citizens without disabilities in

their communities;

‘‘(C) the full and active participation by individuals

with developmental disabilities in the same community

activities and types of employment as citizens without

disabilities, and utilization of the same community

resources as citizens without disabilities, living, learning,
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working, and enjoying life in regular contact with citizens

without disabilities; and

‘‘(D) having friendships and relationships with individuals and families of their own choosing.

‘‘(16) NONPROFIT.—The term ‘nonprofit’ means an agency,

institution, or organization that is owned or operated by one

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.

‘‘(17) OTHER ORGANIZATIONS.—The term ‘other organizations’ means those organizations that are not State agencies

or nonprofit agencies, except such organizations may be consulting firms, independent proprietary businesses and providers,

and local community groups not organizationally incorporated,

and that are interested in supporting individuals with developmental disabilities.

‘‘(18) PERSONAL ASSISTANCE SERVICES.—The term ‘personal

assistance services’ means a range of services, provided by

one or more individuals, designed to assist an individual with

a disability to perform daily living 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 on or off such job.

‘‘(19) PREVENTION.—The term ‘prevention’ means activities

that address the causes of developmental disabilities and the

exacerbation of functional limitations, 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 existing problems to eliminate circumstances that create or increase

functional limitations; and

‘‘(C) mitigate against the effects of developmental

disabilities throughout the individual’s lifespan.

‘‘(20) 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.

‘‘(21) PROTECTION AND ADVOCACY SYSTEM.—The term

‘protection and advocacy system’ means a protection and

advocacy system established in accordance with section 142. ‘‘(22) 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, assistive technology devices, and

assistive technology services.

‘‘(23) SECRETARY.—The term ‘Secretary’ means the Secretary of Health and Human Services.

‘‘(24) SERVICE COORDINATION ACTIVITIES.—The term ‘service

coordination activities’ (also referred to as ‘case management
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activities’) means activities that assist and enable individuals

with developmental disabilities and their families to access

services, supports and other assistance, and includes—

‘‘(A) the provision of information to individuals with

developmental disabilities and their families about the

availability of services, supports, and other assistance;

‘‘(B) assistance in obtaining appropriate services, supports, and other assistance, which may include facilitating

and organizing such assistance;

‘‘(C) coordination and monitoring of services, supports,

and other assistance provided singly or in combination

to individuals with developmental disabilities and their

families to ensure accessibility, continuity, and accountability of such assistance; and

‘‘(D) follow-along services that ensure, through a

continuing relationship, that the changing needs of individuals with developmental disabilities and their families are

recognized and appropriately met.

‘‘(25) STATE.—The term ‘State’, except as provided in section

155, 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, the Commonwealth of the Northern Mariana

Islands, and the Republic of Palau (until the Compact of Free

Association with Palau takes effect).

‘‘(26) STATE DEVELOPMENTAL DISABILITIES COUNCIL.—The

term ‘State Developmental Disabilities Council’ means a Council established under section 124.

‘‘(27) STATE PRIORITY AREA.—The term ‘State priority area’

means priority area activities in an area considered essential

by the State Developmental Disabilities Council.

‘‘(28) SUPPORTED EMPLOYMENT.—The term ‘supported

employment’ means competitive work in integrated work settings for 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 a severe disability;

and

‘‘(B) who, because of the nature and severity of their

disability, need intensive supported employment services

or extended services in order to perform such work.

‘‘(29) SYSTEM COORDINATION AND COMMUNITY EDUCATION

ACTIVITIES.—The term ‘system coordination and community

education activities’ means activities that—

‘‘(A) eliminate barriers to access and eligibility for services, supports, and other assistance;

‘‘(B) enhance systems design, redesign, and integration,

including the encouragement of the creation of local service

coordination and information and referral statewide systems;

‘‘(C) enhance individual, family, and citizen participation and involvement; and

‘‘(D) develop and support coalitions and individuals

through training in self-advocacy, educating policymakers,

and citizen leadership skills.
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‘‘(30) UNIVERSITY AFFILIATED PROGRAM.—The term ‘university affiliated program’ means a university affiliated program

established under section 152.

‘‘(31) 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 with

developmental disabilities attributable to physical impairment,

mental impairment, or a combination of physical and mental

impairments.’’.

SEC. 104. FEDERAL SHARE.

Section 103 (42 U.S.C. 6002) is repealed.

SEC. 105. RECORDS AND AUDITS.

(a) SECTION HEADING.—Section 104 (42 U.S.C. 6003) is

amended—

(1) by striking ‘‘SEC. 104.’’; and

(2) in the section heading, by striking ‘‘RECORDS AND AUDIT’’ and inserting the following new section heading:

‘‘SEC. 104. RECORDS AND AUDITS.’’.

(b) RECORDS AND AUDITS.—Section 104 (42 U.S.C. 6003) is

amended—

(1) in subsection (a)—

(A) by striking ‘‘Each’’ and inserting ‘‘RECORDS.—Each’’;

(B) by striking ‘‘including’’ and inserting ‘‘including—’’;

(C) by realigning the margins of subparagraphs (A),

(B), and (C) of paragraph (1) so as to align with the margins

of subparagraphs (A) and (B) of paragraph (28) of section

102;

(D) by realigning the margins of paragraphs (1) and

(2) so as to align with the margin of paragraph (30) of

section 102;

(E) in paragraph (1), by striking ‘‘disclose’’ and inserting ‘‘disclose—’’; and

(F) by striking the comma each place such appears

and inserting a semicolon; and

(2) in subsection (b), by striking ‘‘The Secretary’’ and inserting ‘‘ACCESS.—The Secretary’’.

SEC. 106. RECOVERY.

Section 105 (42 U.S.C. 6004) is repealed.

SEC. 107. STATE CONTROL OF OPERATIONS.

Section 106 (42 U.S.C. 6005) is amended—

(1) by striking ‘‘SEC. 106.’’;

(2) in the section heading, by striking ‘‘STATE CONTROL

OF OPERATIONS’’ and inserting the following new section heading:

‘‘SEC. 106. STATE CONTROL OF OPERATIONS.’’;

and

(3) by striking ‘‘facility for persons’’ and inserting ‘‘programs, services, and supports for individuals’’.
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SEC. 108. REPORTS.

(a) SECTION HEADING.—Section 107 (42 U.S.C. 6006) is

amended—

(1) by striking ‘‘SEC. 107.’’; and

(2) in the section heading, by striking ‘‘REPORTS’’ and inserting the following new section heading:

‘‘SEC. 107. REPORTS.’’.

(b) REPORTS.—Section 107 (42 U.S.C. 6006) is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1)—

(i) by striking, ‘‘By January’’ and inserting ‘‘DEVELOPMENTAL DISABILITIES COUNCIL REPORTS.—By January’’;

(ii) by striking ‘‘the State Planning Council of each

State’’ and inserting ‘‘each State Developmental

Disabilities Council’’;

(iii) by striking ‘‘a report concerning’’ and inserting

‘‘a report of’’; and

(iv) by striking ‘‘such report’’ and inserting

‘‘report’’;

(B) in paragraph (1), by striking ‘‘of such activities’’

and all that follows through ‘‘from such activities’’ and

inserting ‘‘of activities and accomplishments’’;

(C) in paragraph (2)—

(i) by striking ‘‘such accomplishments’’ and inserting ‘‘accomplishments’’; and

(ii) by striking ‘‘by the State’’; (D) in paragraph (4)— (i) by striking ‘‘Planning’’ and inserting ‘‘Developmental Disabilities’’;

(ii) by striking ‘‘each’’ each place such term

appears;

(iii) by striking ‘‘report’’ and inserting ‘‘reports’’;

(iv) by striking ‘‘1902(a)(31)(C)’’ and inserting ‘‘1902(a)(31)’’;

(v) by striking ‘‘plan’’ and inserting ‘‘plans’’; and

(vi) by striking ‘‘; and’’ and inserting a semicolon; (E) by striking paragraph (5); and

(F) by adding at the end the following new paragraphs: ‘‘(5) a description of—

‘‘(A) the trends and progress made in the State concern- ing systemic change (including policy reform), capacity

building, advocacy, and other actions on behalf of individuals with developmental disabilities, with attention to

individuals who are traditionally unserved and underserved, particularly individuals who are members of ethnic

and racial minority groups, and individuals from underserved geographic areas;

‘‘(B) systemic change, capacity building, and advocacy

activities that affect individuals with disabilities other than

developmental disabilities; and

‘‘(C) a summary of actions taken to improve access

and services for unserved and underserved groups;

‘‘(6) a description of resources leveraged by activities

directly attributable to State Developmental Disabilities Council actions; and
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‘‘(7) a description of the method by which the State Developmental Disabilities Council shall widely disseminate the

annual report to affected constituencies as well as the general

public and to assure that the report is available in accessible

formats.’’;

(2) in subsection (b)—

(A) by striking ‘‘By January’’ and inserting ‘‘PROTECTION AND ADVOCACY SYSTEM REPORTS.—By January’’; and

(B) by inserting before the period ‘‘, including a description of the system’s priorities for such fiscal year, the

process used to obtain public input, the nature of such

input, and how such input was used’’; and

(3) in subsection (c)—

(A) by realigning the margins of subparagraphs (A)

and (B) of paragraph (1) so as to align with the margins

of subparagraph (C) of such paragraph;

(B) by realigning the margins of paragraphs (1) and

(2) so as to align with the margin of paragraph (1) of

subsection (a);

(C) by striking the subsection designation and inserting

‘‘(c) SECRETARY REPORTS.—’’;

(D) by striking ‘‘(1) By’’ and inserting the following:

‘‘(1) IN GENERAL.—By’’;

(E) in paragraph (1)—

(i) in subparagraph (B)—

(I) by striking ‘‘integration’’ each place such

term appears and inserting ‘‘integration and inclusion’’; and

(II) by striking ‘‘persons’’ and inserting

‘‘individuals’’;

(ii) by striking subparagraph (C) and inserting

the following new subparagraph:

‘‘(C)(i) the trends and progress made in the States

concerning systemic change (including policy reform),

capacity building, advocacy, and other actions on behalf

of individuals with developmental disabilities, with attention to individuals who are traditionally unserved and

underserved, particularly individuals who are members of

ethnic and racial minority groups, and individuals from

underserved geographic areas;

‘‘(ii) systemic change, capacity building, and advocacy

activities that affect individuals with disabilities other than

developmental disabilities; and

‘‘(iii) a summary of actions taken to improve access

and services for unserved and underserved groups;’’; and

(iii) in subparagraph (D), by striking ‘‘persons’’

and inserting ‘‘individuals’’; and

(F) in paragraph (2)—

(i) by striking ‘‘use and include’’ and inserting

‘‘include and analyze’’;

(ii) by striking ‘‘to the Secretary’’; and

(iii) by striking ‘‘In preparing’’ and inserting

‘‘INCLUSION OF COUNCIL AND SYSTEM INFORMATION.—

In preparing’’.
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SEC. 109. RESPONSIBILITIES OF THE SECRETARY.

(a) SECTION HEADING.—Section 108 (42 U.S.C. 6007) is

amended—

(1) by striking ‘‘SEC. 108.’’; and

(2) in the section heading, by striking ‘‘RESPONSIBILITIES

OF THE SECRETARY’’ and inserting the following new section

heading:

‘‘SEC. 108. RESPONSIBILITIES OF THE SECRETARY.’’.

(b) RESPONSIBILITIES.—Section 108 (42 U.S.C. 6007) is

amended—

(1) in subsection (a), by striking ‘‘The Secretary’’ and inserting ‘‘REGULATIONS.—The Secretary’’; and

(2) in subsection (b)—

(A) by striking ‘‘Within ninety’’ and inserting ‘‘INTER- AGENCY COMMITTEE.—Within 90’’; and

(B) by striking ‘‘Administration for Developmental

Disabilities’’ and inserting ‘‘Administration on Developmental Disabilities,’’.

SEC. 110. EMPLOYMENT OF HANDICAPPED INDIVIDUALS.

(a) SECTION HEADING.—Section 109 (42 U.S.C. 6008) is

amended—

(1) by striking ‘‘SEC. 109.’’; and

(2) in the section heading, by striking ‘‘EMPLOYMENT OF

HANDICAPPED INDIVIDUALS’’ and inserting the following new

section heading:

‘‘SEC. 109. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.’’.

(b) EMPLOYMENT.—Section 109 (42 U.S.C. 6008) is amended—

(1) by striking ‘‘handicapped individuals’’ and inserting

‘‘individuals with disabilities’’;

(2) by striking ‘‘Act of’’ and inserting ‘‘Act of 1973’’; and

(3) by striking ‘‘which govern’’ and all that follows through

‘‘subcontracts.’’ and inserting the following: ‘‘that govern

employment— ‘‘(1) by State rehabilitation agencies and community

rehabilitation programs; and ‘‘(2) under Federal contracts and subcontracts.’’.

SEC. 111. RIGHTS OF THE DEVELOPMENTALLY DISABLED.

(a) SECTION HEADING.—Section 110 (42 U.S.C. 6009) is

amended—

(1) by striking ‘‘SEC. 110.’’; and

(2) in the section heading, by striking ‘‘RIGHTS OF THE

DEVELOPMENTALLY DISABLED’’ and inserting the following new

section heading:

‘‘SEC. 110. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.’’.

(b) RIGHTS.—Section 110 (42 U.S.C. 6009) is amended—

(1) in the matter preceding paragraph (1) by striking ‘‘persons’’ and inserting ‘‘individuals’’;

(2) in paragraph (1), by striking ‘‘Persons’’ and inserting

‘‘Individuals’’;

(3) in paragraph (2)— (A) by striking ‘‘a person’’ and inserting ‘‘an individual’’;
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(B) by striking ‘‘the person’’ and inserting ‘‘the individual’’; and

(C) by striking ‘‘the person’s’’ and inserting ‘‘the

individual’s’’;

(4) in paragraph (3), by striking ‘‘persons’’ each place such

term appears and inserting ‘‘individuals’’;

(5) in paragraph (4), by striking ‘‘persons’’ each place such

term appears and inserting ‘‘individuals’’; and

(6) in the matter following subparagraph (C) of paragraph

(4), by striking ‘‘persons’’ each place such term appears and

inserting ‘‘individuals’’.

TITLE II—FEDERAL ASSISTANCE FOR

PRIORITY AREA ACTIVITIES FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

SEC. 201. PART HEADING.

The heading of Part B of title I of the Act is amended to

read as follows:

‘‘PART B—FEDERAL ASSISTANCE TO STATE

DEVELOPMENTAL DISABILITIES COUNCILS’’.

SEC. 202. PURPOSE.

Section 121 (42 U.S.C. 6021) is amended to read as follows:

‘‘SEC. 121. PURPOSE.

‘‘The purpose of this part is to provide for allotments to support

State Developmental Disabilities Councils in each State to promote,

through systemic change, capacity building, and advocacy activities

that are consistent with the policy under section 101(c)(2), the

development of a consumer and family-centered, comprehensive

system and a coordinated array of culturally competent services,

supports, and other assistance designed to achieve independence,

productivity, and integration and inclusion into the community

for individuals with developmental disabilities.’’.

SEC. 203. STATE PLANS.

Section 122 (42 U.S.C. 6022) is amended to read as follows:

‘‘SEC. 122. STATE PLAN.

‘‘(a) IN GENERAL.—Any State desiring to take advantage of

this part shall have a State plan submitted to, and approved by,

the Secretary under this section. ‘‘(b) PLANNING CYCLE.—The plan under subsection (a) shall

be reviewed annually and revised at least once every 3 years. ‘‘(c) STATE PLAN REQUIREMENTS.—In order to be approved by

the Secretary under this section, a State plan shall meet the requirements in paragraphs (1) through (5).

‘‘(1) STATE COUNCIL.—The plan shall provide for the

establishment and maintenance of a State Developmental

Disabilities Council in accordance with section 124 and describe

the membership of such Council.
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‘‘(2) DESIGNATED STATE AGENCY.—The plan shall identify

the agency or office within the State designated to support

the State Developmental Disabilities Council in accordance with

this section and section 124(d).

‘‘(3) COMPREHENSIVE REVIEW AND ANALYSIS.—The plan

shall contain a comprehensive review and analysis of the extent

to which services and supports are available to, and the need

for services and supports for, individuals with developmental

disabilities and their families. Such review and analysis shall

include—

‘‘(A) a description of the services, supports and other

assistance being provided to, or to be provided to, individuals with developmental disabilities and their families

under other federally assisted State programs, plans, and

policies that the State conducts and in which individuals

with developmental disabilities are or may be eligible to

participate, including programs relating to education, job

training, vocational rehabilitation, public assistance, medical assistance, social services, child welfare, maternal and

child health, aging, programs for children with special

health care needs, children’s mental health, housing,

transportation, technology, comprehensive health and mental health, and such other programs as the Secretary may

specify;

‘‘(B) a description of the extent to which agencies

operating such other federally assisted State programs pursue interagency initiatives to improve and enhance services, supports, and other assistance for individuals with

developmental disabilities; and

‘‘(C) an examination of the provision, and the need

for the provision, in the State of the four Federal priority

areas and an optional State priority area, including— ‘‘(i) an analysis of such Federal and State priority

areas in relation to the degree of support for individuals with developmental disabilities attributable to

either physical impairment, mental impairment, or a

combination of physical and mental impairments; ‘‘(ii) an analysis of criteria for eligibility for services, including specialized services and special adaptation of generic services provided by agencies within

the State, that may exclude individuals with developmental disabilities from receiving such services; ‘‘(iii) an analysis of the barriers that impede full

participation of members of unserved and underserved

groups;

‘‘(iv) consideration of the report conducted pursuant to section 124(e);

‘‘(v) consideration of the data collected by the State

educational agency under section 618 of the Individuals

with Disabilities Education Act;

‘‘(vi) an analysis of services, assistive technology,

or knowledge that may be unavailable to assist individuals with developmental disabilities;

‘‘(vii) an analysis of existing and projected fiscal

resources;

‘‘(viii) an analysis of any other issues identified

by the State Developmental Disabilities Council; and
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‘‘(ix) the formulation of objectives in systemic

change, capacity building, and advocacy to address the

issues described in clauses (i) through (vi) for all subpopulations of individuals with developmental disabilities that may be identified by the State Developmental

Disabilities Council.

‘‘(4) PLAN OBJECTIVES.—The plan shall—

‘‘(A) specify employment, and at the discretion of the

State, any or all of the three other Federal priority areas

and an optional State priority area that are selected by

the State Developmental Disabilities Council for such

Council’s major systemic change, capacity building, and

advocacy activities to be addressed during the plan period

and describe the extent and scope of the Federal and State

priority areas that will be addressed under the plan in

the fiscal year;

‘‘(B) describe the specific 1-year and 3-year objectives

to be achieved and include a listing of the programs, activities, and resources by which the State Developmental

Disabilities Council will implement its systemic change,

capacity building, and advocacy activities in selected priority areas, and set forth the non-Federal share required

to carry out each objective; and

‘‘(C) establish a method for the periodic evaluation

of the plan’s effectiveness in meeting the objectives

described in subparagraph (B).

‘‘(5) ASSURANCES.—The plan shall contain or be supported

by the assurances described in subparagraphs (A) through (N),

which are satisfactory to the Secretary. ‘‘(A) USE OF FUNDS.—With respect to the funds paid

to the State under section 125, the plan shall provide

assurances that—

‘‘(i) such funds will be used to make a significant

contribution toward enhancing the independence,

productivity, and integration and inclusion into the

community of individuals with developmental disabilities in various political subdivisions of the State;

‘‘(ii) such funds will be used to supplement and

to increase the level of funds that would otherwise

be made available for the purposes for which Federal

funds are provided and not to supplant non-Federal

funds;

‘‘(iii) such funds will be used to complement and

augment rather than duplicate or replace services for

individuals with developmental disabilities and their

families who are eligible for Federal assistance under

other State programs;

‘‘(iv) part of such funds will be made available

by the State to public or private entities;

‘‘(v) not more than 25 percent of such funds will

be allocated to the agency designated under section

124(d) for service demonstration by such agency and

that such funds and demonstration services have been

explicitly authorized by the State Developmental

Disabilities Council;

‘‘(vi) not less than 65 percent of the amount available to the State under section 125 shall be expended
S. 1284—17

for activities in the Federal priority area of employment

activities, and, at the discretion of the State, activities

in any or all of the three other Federal priority areas

and an optional State priority area; and

‘‘(vii) the remainder of the amount available to

the State from allotments under section 125 (after

making expenditures required by clause (vi)) shall be

used for the planning, coordination, administration,

and implementation of priority area activities, and

other activities relating to systemic change, capacity

building, and advocacy to implement the responsibilities of the State Developmental Disabilities Council

pursuant to section 124(c).

‘‘(B) STATE FINANCIAL PARTICIPATION.—The plan shall

provide assurances that there will be reasonable State

financial participation in the cost of carrying out the State

plan.

‘‘(C) CONFLICT OF INTEREST.—The plan shall provide

assurances that the State Developmental Disabilities Council has approved conflict of interest policies as of October

1, 1994, to ensure that no member of such Council shall

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.

‘‘(D) URBAN AND RURAL POVERTY AREAS.—The plan

shall provide assurances that special financial and technical assistance shall be given to organizations that provide

services, supports, and other assistance to individuals with

developmental disabilities who live in areas designated

as urban or rural poverty areas. ‘‘(E) PROGRAM STANDARDS.—The plan shall provide

assurances that programs, projects, and activities assisted

under the plan, and the buildings in which such programs,

projects, and activities are operated, will meet standards

prescribed by the Secretary in regulation and all applicable

Federal and State accessibility standards. ‘‘(F) INDIVIDUALIZED SERVICES.—The plan shall provide

assurances that any direct services provided to individuals

with developmental disabilities and funded under this plan

will be provided in an individualized manner, consistent

with unique strengths, resources, priorities, concerns, abilities, and capabilities of an individual.

‘‘(G) HUMAN RIGHTS.—The plan shall provide assurances that the human rights of all individuals with developmental disabilities (especially those individuals without

familial protection) who are receiving services under programs assisted under this part will be protected consistent

with section 110 (relating to rights of individuals with

developmental disabilities).

‘‘(H) MINORITY PARTICIPATION.—The plan shall provide

assurances that the State has taken affirmative steps to

assure that participation in programs under this part is

geographically representative of the State, and reflects the

diversity of the State with respect to race and ethnicity.

‘‘(I) INTERMEDIATE CARE FACILITY FOR THE MENTALLY

RETARDED SURVEY REPORTS.—The plan shall provide assurances that the State will provide the State Developmental
S. 1284—18

Disabilities Council with a copy of each annual survey

report and plan of corrections for cited deficiencies prepared

pursuant to section 1902(a)(31) of the Social Security Act

with respect to any intermediate care facility for the mentally retarded in such State not less than 30 days after

the completion of each such report or plan.

‘‘(J) VOLUNTEERS.—The plan shall provide assurances

that the maximum utilization of all available community

resources including volunteers serving under the Domestic

Volunteer Service Act of 1973 and other appropriate voluntary organizations will be provided for, except that such

volunteer services shall supplement, and shall not be in

lieu of, services of paid employees.

‘‘(K) 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 under the plan to provide

community living activities, including arrangements

designed to preserve employee rights and benefits and to

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.

‘‘(L) STAFF ASSIGNMENTS.—The plan shall provide

assurances that the staff and other personnel of the State

Developmental Disabilities Council, while working for the

Council, are responsible solely for assisting the Council

in carrying out its duties under this part and are not

assigned duties by the designated State agency or any

other agency or office of the State. ‘‘(M) NONINTERFERENCE.—The plan shall provide

assurances that the designated State agency or other office

of the State will not interfere with systemic change, capacity building, and advocacy activities, budget, personnel,

State plan development, or plan implementation of the

State Developmental Disabilities Council, except that the

designated State agency shall have the authority necessary

to carry out the responsibilities described in section

124(d)(3).

‘‘(N) OTHER ASSURANCES.—The plan shall contain such

additional information and assurances as the Secretary

may find necessary to carry out the provisions and purposes

of this part.

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

‘‘(1) PUBLIC REVIEW.—The plan shall be made available

for public review and comment with appropriate and sufficient

notice in accessible formats and take into account and respond

to significant suggestions, as prescribed by the Secretary in

regulation.

‘‘(2) CONSULTATION WITH THE DESIGNATED STATE AGENCY.—

Before the plan is submitted to the Secretary, the State Developmental Disabilities 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 annual updates of such plan that comply with
S. 1284—19

the provisions of subsections (a), (b), and (c). The Secretary

may not finally disapprove a State plan except after providing

reasonable notice and an opportunity for a hearing to the

State.’’.

SEC. 204. HABILITATION PLANS.

Section 123 (42 U.S.C. 6023) is repealed.

SEC. 205. COUNCILS.

Section 124 (42 U.S.C. 6024) is amended to read as follows:

‘‘SEC. 124. STATE DEVELOPMENTAL DISABILITIES COUNCILS AND DESIGNATED STATE AGENCIES.

‘‘(a) IN GENERAL.—Each State that receives assistance under

this part shall establish and maintain a State Developmental

Disabilities Council (hereafter in this section referred to as the

‘Council’) to promote, through systemic change, capacity building,

and advocacy activities (consistent with section 101(c)(2)), the development of a consumer and family-centered comprehensive system

and a coordinated array of culturally competent services, supports

and other assistance designed to achieve independence, productivity,

and integration and inclusion into the community for individuals

with developmental disabilities. The Council shall have the authority to fulfill its responsibilities described in subsection (c).

‘‘(b) COUNCIL MEMBERSHIP.—

‘‘(1) COUNCIL APPOINTMENTS.—The members of the Council

of a State shall be appointed by the Governor of the State

from among the residents of that State. The Governor shall

select members of the Council, at his or her discretion, 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 request of the Governor,

coordinate Council and public input to the Governor regarding

all recommendations. To the extent feasible, 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, when vacancies remain unfilled for a significant

period of time.

‘‘(3) REPRESENTATION OF AGENCIES AND ORGANIZATIONS.—

Each Council shall at all times include representatives of the

principal State agencies (including the State agencies that

administer funds provided under the Rehabilitation Act of 1973,

the Individuals with Disabilities Education Act, the Older

Americans Act, and title XIX of the Social Security Act), institutions of higher education, each university affiliated program

in the State established under part D, the State protection

and advocacy system established under part C, and local agencies, nongovernmental agencies, and private nonprofit groups

concerned with services for individuals with developmental
S. 1284—20

disabilities in the State in which such agencies and groups

are located. Such representatives shall—

‘‘(A) have sufficient authority to engage in policy planning and implementation on behalf of the department,

agency, or program such representatives represent; and

‘‘(B) recuse themselves from any discussion of grants

or contracts for which such representatives’ departments,

agencies, or programs are grantees or applicants and comply with the conflict of interest policies required under

section 122(c)(5)(C).

‘‘(4) REPRESENTATION OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.—Not less than 50 percent of the membership

of each Council shall consist of individuals who are—

‘‘(A)(i) individuals with developmental disabilities;

‘‘(ii) parents or guardians of children with developmental disabilities; or

‘‘(iii) immediate relatives or guardians of adults with

mentally impairing developmental disabilities who cannot

advocate for themselves; and

‘‘(B) not employees of a State agency that receives

funds or provides services under this part, and who are

not managing employees (as defined in section 1126(b)

of the Social Security Act) of any other entity that receives

funds or provides services under this part.

‘‘(5) COMPOSITION OF MEMBERSHIP WITH DEVELOPMENTAL

DISABILITIES.—Of the members of the Council described in paragraph (4)—

‘‘(A) one-third shall be individuals with developmental

disabilities as described in paragraph (4)(A)(i); ‘‘(B) one-third shall be parents of children with developmental disabilities as described in paragraph (4)(A)(ii),

and immediate relatives or guardians of adults with mentally impairing developmental disabilities as described in

paragraph (4)(A)(iii); and ‘‘(C) one-third shall be a combination of individuals

described in paragraph (4)(A).

‘‘(6) INSTITUTIONALIZED INDIVIDUALS.—Of the members of

the Council described in paragraph (5), at least one shall be

an immediate relative or guardian of an institutionalized or

previously institutionalized individual with a developmental

disability or an individual with a developmental disability who

resides or previously resided in an institution. This paragraph

shall not apply with respect to a State if such an individual

does not reside in that State.

‘‘(c) COUNCIL RESPONSIBILITIES.—A Council, through Council

members, staff, consultants, contractors, or subgrantees, shall have

the responsibilities described in paragraphs (1) through (11).

‘‘(1) SYSTEMIC CHANGE, CAPACITY BUILDING, AND ADVOCACY

ACTIVITIES.—The Council shall serve as an advocate for individuals with developmental disabilities and conduct programs,

projects, and activities that carry out the purpose under section

121.

‘‘(2) EXAMINATION OF PRIORITY AREAS.—Not less than once

every 3 years, the Council shall examine the provision of and

need for the four Federal priority areas and an optional State

priority area to address, on a statewide and comprehensive

basis, urgent needs for services, supports, and other assistance
S. 1284—21

for individuals with developmental disabilities and their families, pursuant to section 122.

‘‘(3) STATE PLAN DEVELOPMENT.—The Council shall develop

and submit to the Secretary the State plan required under

section 122 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.

‘‘(4) STATE PLAN IMPLEMENTATION.—The Council shall

implement the State plan by conducting and supporting the

Federal priority area of employment, not less than one of the

remaining three Federal priority areas, and an optional State

priority area as defined in section 102, through systemic change,

capacity building, and advocacy activities such as those

described in subparagraphs (A) through (K).

‘‘(A) DEMONSTRATION OF NEW APPROACHES.—The Council may conduct, on a time-limited basis, the demonstration

of new approaches to enhance the independence, productivity, and integration and inclusion into the community of

individuals with developmental disabilities. This may

include making successful demonstrations generally available through sources of funding other than funding under

this part, and may also include assisting those conducting

such successful demonstration activities to develop strategies for securing funding from other sources.

‘‘(B) OUTREACH.—The Council may conduct activities

to reach out to assist and enable individuals with developmental disabilities and their families who otherwise

might not come to the attention of the Council to obtain

services, supports, and other assistance, including access

to special adaptation of generic services or specialized services.

‘‘(C) TRAINING.—The Council may conduct training for

individuals with developmental disabilities, their families,

and personnel (including professionals, paraprofessionals,

students, volunteers, and other community members) to

enable such individuals to obtain access to, or to provide,

services, supports and other assistance, including special

adaptation of generic services or specialized services for

individuals with developmental disabilities and their families. To the extent that training activities are provided,

such activities shall be designed to promote the

empowerment of individuals with developmental disabilities and their families.

‘‘(D) SUPPORTING COMMUNITIES.—The Council may

assist neighborhoods and communities to respond positively

to individuals with developmental disabilities and their

families by encouraging local networks to provide informal

and formal supports and enabling communities to offer

such individuals and their families access, resources, and

opportunities.

‘‘(E) INTERAGENCY COLLABORATION AND COORDINATION.—The Council may promote interagency collaboration

and coordination to better serve, support, assist, or advocate for individuals with developmental disabilities and

their families.
S. 1284—22

‘‘(F) COORDINATION WITH RELATED COUNCILS, COMMITTEES, AND PROGRAMS.—The Council may conduct activities

to enhance coordination with—

‘‘(i) other councils or committees, authorized by

Federal or State law, concerning individuals with

disabilities (such as the State Interagency Coordinating

Council under part H of the Individuals with Disabilities Education Act, the State Rehabilitation Advisory

Council and the Statewide Independent Living Council

under the Rehabilitation Act of 1973, the State Mental

Health Planning Council under part B of title XIX

of the Public Health Service Act and other similar

councils or committees);

‘‘(ii) parent training and information centers under

part D of the Individuals with Disabilities Education

Act and other federally funded projects that assist

parents of children with disabilities; and

‘‘(iii) other groups interested in systemic change,

capacity building, and advocacy for individuals with

disabilities.

‘‘(G) BARRIER ELIMINATION, SYSTEMS DESIGN, AND CITIZEN PARTICIPATION.—The Council may conduct activities

to eliminate barriers, enhance systems design and redesign,

and enhance citizen participation to address issues identified in the State plan.

‘‘(H) PUBLIC EDUCATION AND COALITION DEVELOPMENT.—The Council may 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, educating policymakers, and citizen leadership skills.

‘‘(I) INFORMING POLICYMAKERS.—The Council may provide information to Federal, State, and local policymakers,

including the Congress, the Federal executive branch, the

Governor, State legislature, and State agencies, in order

to increase the ability of such policymakers to offer

opportunities and to enhance or adapt generic services

or provide specialized services to individuals with developmental disabilities and their families by conducting

studies and analyses, gathering information, and developing and disseminating model policies and procedures,

information, approaches, strategies, findings, conclusions,

and recommendations.

‘‘(J) PREVENTION.—The Council may conduct prevention activities as defined in section 102.

‘‘(K) OTHER ACTIVITIES.—The Council may conduct

other systemic change, capacity building, and advocacy

activities to promote the development of a consumer and

family-centered comprehensive system and a coordinated

array of culturally competent services, supports and other

assistance designed to achieve independence, productivity,

and integration and inclusion into the community of

individuals with developmental disabilities throughout the

State on a comprehensive basis.
S. 1284—23

‘‘(5) STATE PLAN MONITORING.—Not less than once each

year, the Council shall monitor, review, and evaluate the

implementation and effectiveness of the State plan in meeting

such plan’s objectives.

‘‘(6) REVIEW OF DESIGNATED STATE AGENCY.—The Council

shall periodically review the designated State agency with

respect to the activities carried out under this Act and make

any recommendations for change to the Governor.

‘‘(7) REPORTS.—The Council shall submit to the Secretary,

through the Governor, periodic reports on its activities as the

Secretary may reasonably request, and keep such records and

afford such access thereto as the Secretary finds necessary

to verify such reports.

‘‘(8) BUDGET.—Each Council shall prepare, approve, and

implement a budget using amounts paid to the State under

this part to fund and implement all programs, projects, and

activities under this part including—

‘‘(A) conducting such hearings and forums as the Council may determine to be necessary to carry out the duties

of the Council, reimbursing Council members of the Council

for reasonable and necessary expenses for attending Council meetings and performing Council duties (including child

care and personal assistance services), paying compensation to a member of the Council, if such member is not

employed or must forfeit wages from other employment,

for each day such member is engaged in performing the

duties of the Council, supporting Council member and staff

travel to authorized training and technical assistance

activities including inservice training and leadership development, and appropriate subcontracting activities; ‘‘(B) hiring and maintaining sufficient numbers and types of staff (qualified by training and experience) and

obtaining the services of such professional, consulting, technical, and clerical personnel (qualified by training and

experience), consistent with State law, as the Council determines to be necessary to carry out its functions under

this part, except that such State shall not apply hiring

freezes, reductions in force, prohibitions on staff travel,

or other policies, to the extent that such policies would

impact staff or functions funded with Federal funds and

would prevent the Council from carrying out its functions

under this Act; and

‘‘(C) directing the expenditure of funds for grants, contracts, interagency agreements that are binding contracts,

and other activities authorized by the approved State plan.

‘‘(9) STAFF HIRING AND SUPERVISION.—A 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 and hiring of staff shall be consistent with Federal and State nondiscrimination laws. Dismissal

of personnel shall be consistent with State law and personnel

policies.

‘‘(10) STAFF ASSIGNMENTS.—The staff and other personnel,

while working for the Council, shall be responsible solely for

assisting the Council in carrying out its duties under this
S. 1284—24

part and shall not be assigned duties by the designated State

agency or any other agency or office of the State.

‘‘(11) CONSTRUCTION.—

‘‘(A) ACTIVITIES OF THE COUNCIL.—Nothing in this part

shall be construed to preclude a Council from engaging

in systemic change, capacity building, and advocacy activities for individuals with disabilities other than developmental disabilities, where appropriate.

‘‘(B) AUTHORITY OF THE COUNCIL.—Nothing in this Act

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.) and 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 part shall designate the 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, any designation of a State agency shall be made in accordance with the

requirements of this subsection.

‘‘(2) DESIGNATION.—

‘‘(A) TYPE OF AGENCY.—Except as provided in this subsection, the designated State agency shall be—

‘‘(i) the Council if such Council may be the designated State agency under the laws of the State;

‘‘(ii) a State agency that does not provide or pay

for services made available to individuals with developmental disabilities; or

‘‘(iii) a State office, including the immediate office

of the Governor of the State or a State planning office.

‘‘(B) CONDITIONS FOR CONTINUATION OF STATE SERVICE

AGENCY DESIGNATION.— ‘‘(i) DESIGNATION BEFORE ENACTMENT.—If a State

agency that provides or pays for services for individuals

with developmental disabilities was a designated State

agency for purposes of this part 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 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 part.

‘‘(ii) CRITERIA FOR CONTINUED DESIGNATION.—The

determination at the discretion of the Governor (or

legislature as the case may be) shall be made after

the Governor has considered the comments and recommendations of the general public and a majority

of the non-State agency members of the Council with

respect to the designation of such State agency, and

after the Governor (or legislature as the case may

be) has made an independent assessment that the

designation of such agency shall not interfere with

the budget, personnel, priorities, or other action of

the Council, and the ability of the Council to serve
S. 1284—25

as an advocate for individuals with developmental

disabilities.

‘‘(C) REVIEW OF DESIGNATION.—After April 1, 1994,

the Council may request a review of the designation of

the designated State agency by the Governor (or 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 legislature as the case may be) regarding a preferred

designated State agency.

‘‘(D) APPEAL OF DESIGNATION.—After the review is completed under subparagraph (C), a majority of the nonState agency members of the Council may appeal to the

Secretary for a review of the designation of the designated

State agency if Council independence as an advocate is

not assured because of the actions or inactions of the designated State agency.

‘‘(3) RESPONSIBILITIES.—The designated State agency shall,

on behalf of the State, have the responsibilities described in

subparagraphs (A) through (F).

‘‘(A) SUPPORT SERVICES.—The designated State agency

shall provide required assurances and support services as

requested by and negotiated with the Council.

‘‘(B) FISCAL RESPONSIBILITIES.—The designated State

agency shall—

‘‘(i) receive, account for, and disperse funds under

this part based on the State plan required in section

122; and

‘‘(ii) provide for such fiscal control and fund

accounting procedures as may be necessary to assure

the proper dispersement of, and accounting for, funds

paid to the State under this part.

‘‘(C) RECORDS, ACCESS, AND FINANCIAL REPORTS.—The

designated State agency shall keep such records and afford

access thereto as the Secretary and the Council determine

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, liquidation, and the Federal and non-Federal

share.

‘‘(D) NON-FEDERAL SHARE.—The designated State

agency, if other than the Council, shall provide the required

non-Federal share defined in section 125A(c).

‘‘(E) 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.

‘‘(F) 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) NECESSARY EXPENDITURES OF STATE DESIGNATED

AGENCY.—At the request of any State, a portion of any

allotment or allotments of such State under this part for
S. 1284—26

any fiscal year shall be available to pay up to one-half

(or the entire amount if the Council is the designated

State agency) of the expenditures found necessary by the

Secretary for the proper and efficient exercise of the functions of the State designated agency, except that not more

than 5 percent of the total of the allotments of such State

for any fiscal year, or $50,000, whichever is less, shall

be made available for the total expenditure for such purpose

by the State agency designated under this subsection.

‘‘(B) CONDITION FOR FEDERAL FUNDING.—Amounts shall

be provided under subparagraph (A) to a State for a fiscal

year only on condition that there shall be expended from

State sources for carrying out the responsibilities of the

designated State agency under paragraph (3) not less than

the total amount expended for carrying out such responsibilities from such sources during the previous fiscal year,

except in such year as the Council may become the designated State agency.

‘‘(C) 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.

‘‘(e) 1990 REPORT.—Not later than January 1, 1990, each Council shall complete the reviews, analyses, and final report described

in this section.

‘‘(1) COMPREHENSIVE REVIEW AND ANALYSIS.—Each Council

shall conduct a comprehensive review and analysis of the eligibility for services provided, and the extent, scope, and effectiveness of, services provided and functions performed by, all State

agencies (including agencies that provide public assistance) that

affect or that potentially affect the ability of individuals with

developmental disabilities to achieve the goals of independence,

productivity, and integration and inclusion into the community,

including individuals with developmental disabilities attributable to physical impairment, mental impairment, or a combination of physical and mental impairments.

‘‘(2) CONSUMER SATISFACTION.—Each Council shall conduct

a review and analysis of the effectiveness of, and consumer

satisfaction with, the functions performed by, and services provided or paid for from Federal and State funds by, each of

the State agencies (including agencies that provide public

assistance) responsible for performing functions for, and providing services to, all individuals with developmental disabilities

in the State. Such review and analysis shall be based upon

a survey of a representative sample of individuals with developmental disabilities receiving services from each such agency,

and if appropriate, shall include such individuals’ families.

‘‘(3) PUBLIC REVIEW AND COMMENT.—Each Council shall

convene public forums, after the provision of notice within

the State, in order to—

‘‘(A) present the findings of the reviews and analyses

prepared under paragraphs (1) and (2);

‘‘(B) obtain comments from all interested individuals

in the State regarding the unserved and underserved populations of individuals with developmental disabilities that
S. 1284—27

result from physical impairment, mental impairment, or

a combination of physical and mental impairments; and ‘‘(C) obtain comments on any proposed recommenda- tions concerning the removal of barriers to services for

individuals with developmental disabilities and to connect

such services to existing State agencies by recommending

the designation of one or more State agencies, as appropriate, to be responsible for the provision and coordination

of such services.

‘‘(4) BASIS FOR STATE PLAN.—Each Council shall utilize

the information developed pursuant to paragraphs (1), (2), and

(3) in developing the State plan.’’.

SEC. 206. STATE ALLOTMENTS.

(a) SECTION HEADING.—Section 125 (42 U.S.C. 6025) is

amended—

(1) by striking ‘‘SEC. 125.’’; and

(2) in the section heading, by striking ‘‘STATE ALLOTMENTS’’ and inserting the following new section heading:

‘‘SEC. 125. STATE ALLOTMENTS.’’.

(b) ALLOTMENTS.—Section 125 (42 U.S.C. 6025) is amended—

(1) in subsection (a)—

(A) in paragraph (1)— (i) by realigning the margins of subparagraphs (A), (B), and (C) so as to align with the margin of

subparagraph (A) of paragraph (4); and (ii) by realigning the margin of the matter follow- ing subparagraph (C) so as to align with the margin

of paragraph (3);

(B) by striking ‘‘(a)(1) For’’ and inserting the following: ‘‘(a) ALLOTMENTS.— ‘‘(1) IN GENERAL.—For’’;

(C) in paragraph (2)— (i) by striking ‘‘(2) Adjustments’’ and inserting the following: ‘‘(2) ADJUSTMENTS.—Adjustments’’; (ii) by striking ‘‘may be’’ and inserting ‘‘shall be’’; and

(iii) by striking ‘‘not less’’ and inserting ‘‘and the percentage of the total appropriation for each State

not less’’;

(D) in paragraph (3)— (i) by striking ‘‘(3)(A) Except’’ and all that follows through ‘‘September 30, 1990.’’ and inserting the following: ‘‘(3) MINIMUM ALLOTMENT FOR APPROPRIATIONS LESS THAN

OR EQUAL TO $75,000,000.— ‘‘(A) IN GENERAL.—Except as provided in paragraph (4), for any fiscal year the allotment under this section— ‘‘(i) to each of American Samoa, Guam, the United

States Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau (until

the Compact of Free Association with Palau takes

effect) may not be less than the greater of— ‘‘(I) $210,000; or

‘‘(II) the greater of the allotment received by

such State for fiscal year 1992, or the allotment
S. 1284—28

received by such State for fiscal year 1993, under

this section (determined without regard to subsection (d)); and

‘‘(ii) to any State not described in clause (i), may

not be less than the greater of—

‘‘(I) $400,000; or

‘‘(II) the greater of the allotment received by

such State for fiscal year 1992, or the allotment

received by such State for fiscal year 1993, under

this section (determined without regard to subsection (d)).’’; and

(ii) by striking ‘‘(B) Notwithstanding’’ and inserting

the following:

‘‘(B) REDUCTION OF ALLOTMENT.—Notwithstanding’’;

(E) in paragraph (4), to read as follows:

‘‘(4) MINIMUM ALLOTMENT FOR APPROPRIATIONS IN EXCESS

OF $75,000,000.—

‘‘(A) IN GENERAL.—In any case in which amounts

appropriated under section 130 for a fiscal year exceeds

$75,000,000, the allotment under this section for such fiscal

year—

‘‘(i) to each of American Samoa, Guam, the United

States Virgin Islands, the Commonwealth of the Northern Mariana Islands or the Republic of Palau (until

the Compact of Free Association with Palau takes

effect) may not be less than the greater of—

‘‘(I) $220,000; or

‘‘(II) the greater of the allotment received by

such State for fiscal year 1992, or the allotment

received by such State for fiscal year 1993, under

this section (determined without regard to subsection (d)); and

‘‘(ii) to any State not described in clause (i) may

not be less than the greater of—

‘‘(I) $450,000; or

‘‘(II) the greater of the allotment received by

such State for fiscal year 1992, or the allotment

received by such State for fiscal year 1993, under

this section (determined without regard to subsection (d)).

‘‘(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).’’;

(F) in paragraph (5)—

(i) by striking ‘‘In determining’’ and inserting

‘‘STATE SUPPORTS, SERVICES, AND OTHER ACTIVITIES.—

In determining’’; and

(ii) by striking, ‘‘section 122(b)(2)(C)’’ and inserting

‘‘section 122(c)(3)(A)’’; and

(G) in paragraph (6), by striking ‘‘In any case’’ and

inserting ‘‘INCREASE IN ALLOTMENTS.—In any case’’;

(2) in subsection (b), by striking ‘‘Any amount’’ and inserting ‘‘UNOBLIGATED FUNDS.—Any amount’’;
S. 1284—29

(3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (4) by inserting after subsection (b) the following new subsection:

‘‘(c) OBLIGATION OF FUNDS.—For the purposes of this part,

State Interagency Agreements are considered valid obligations for

the purpose of obligating Federal funds allotted to the State under

this part.’’; (5) in subsection (d) (as redesignated by paragraph (3)), by striking ‘‘Whenever’’ and inserting ‘‘COOPERATIVE EFFORTS

BETWEEN STATES.—Whenever’’; and

(6) in subsection (e) (as redesignated by paragraph (3)), by striking ‘‘The amount’’ and inserting ‘‘REALLOTMENTS.—The

amount’’.

SEC. 207. FEDERAL SHARE AND NON-FEDERAL SHARE.

Part B of title I of the Act is amended by inserting after section 125 (42 U.S.C. 6025) the following new section:

‘‘SEC. 125A. FEDERAL AND NON-FEDERAL SHARE.

‘‘(a) AGGREGATE COSTS.—The Federal share of all projects in a State supported by an allotment to the State under this part

may not exceed 75 percent of the aggregate necessary costs of

all such projects as determined by the Secretary, except that— ‘‘(1) in the case of projects whose activities or products target individuals with developmental disabilities who live in

urban or rural poverty areas, the Federal share of all such

projects may not exceed 90 percent of the aggregate necessary

costs of such projects or activities, as determined by the Secretary; and ‘‘(2) in the case of projects or activities undertaken by the Council or Council staff to implement State plan priority

activities, the Federal share of all such activities may be up

to 100 percent of the aggregate necessary costs of such activities.

‘‘(b) NONDUPLICATION.—In determining the amount of any State’s Federal share of the expenditures incurred by such State

under a State plan approved under section 122, the Secretary

shall not consider—

‘‘(1) any portion of such expenditures that are financed by Federal funds provided under any provision of law other

than section 125; and

‘‘(2) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds.

‘‘(c) NON-FEDERAL SHARE.— ‘‘(1) IN KIND CONTRIBUTIONS.—The non-Federal share of

the cost of any project assisted by a grant or an allotment

under this part may be provided in kind. ‘‘(2) CONTRIBUTIONS OF POLITICAL SUBDIVISIONS, PUBLIC, OR PRIVATE ENTITIES.— ‘‘(A) IN GENERAL.—Expenditures on projects or activities by a political subdivision of a State or by a public

or private entity shall, subject to such limitations and

conditions as the Secretary may by regulation prescribe,

be considered to be expenditures by such State in the

case of a project under this part. ‘‘(B) STATE CONTRIBUTIONS.—State contributions,

including contributions by the designated State agency to
S. 1284—30

provide support services to the Council pursuant to section

124(d)(4), may be counted as part of such State’s nonFederal share of allotments under this part.

‘‘(3) VARIATIONS OF THE NON-FEDERAL SHARE.—The nonFederal share required on a grant-by-grant basis may vary.’’.

SEC. 208. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION, AND SERVICES.

Section 126 (42 U.S.C. 6026) is amended—

(1) by striking ‘‘SEC. 126.’’ and inserting ‘‘(a) STATE PLAN

EXPENDITURES.—’’;

(2) in the section heading, by striking ‘‘PAYMENTS TO THE

STATES FOR PLANNING, ADMINISTRATION AND SERVICES’’ and

inserting the following new section heading:

‘‘SEC. 126. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION, AND SERVICES.’’;

and

(3) by adding at the end the following new subsection: ‘‘(b) SUPPORT SERVICES.—Payments to States for support services provided by the designated State agency pursuant to section

124(d)(4) may be made in advance or by way of reimbursement,

and in such installments as the Secretary may determine.’’.

SEC. 209. WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION, AND SERVICES.

Section 127 (42 U.S.C. 6027) is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘SEC.

127.’’;

(2) in the section heading by striking ‘‘WITHHOLDING OF

PAYMENTS FOR PLANNING, ADMINISTRATION AND SERVICES’’ and

inserting the following new section heading:

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

and

(3) in paragraph (1), by striking ‘‘sections’’ and inserting

‘‘section’’.

SEC. 210. NONDUPLICATION.

Section 128 (42 U.S.C. 6028) is repealed.

SEC. 211. APPEALS BY STATES.

Section 129 (42 U.S.C. 6029) is amended—

(1) by striking ‘‘SEC. 129.’’; and

(2) in the section heading, by striking ‘‘APPEALS BY STATES’’ and inserting the following new section heading:

‘‘SEC. 129. APPEALS BY STATES.’’.

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

Section 130 (42 U.S.C. 6030) is amended by striking

‘‘$77,400,000’’ and all that follows and inserting the following:

‘‘$70,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.’’.

SEC. 213. REVIEW, ANALYSIS, AND REPORT.

(a) REVIEW AND ANALYSIS.—The Secretary of Health and

Human Services shall review and analyze the allotment formula

in effect under parts B and C of title I of the Developmental
S. 1284—31

Disabilities Assistance and Bill of Rights Act prior to the date

of enactment of this Act, including the factors described in such

parts, and the data elements and measures used by the Secretary,

to determine whether such formula is consistent with the purpose

of the Act.

(b) ALTERNATIVE FORMULAS.—The Secretary of Health and

Human Services shall identify alternative formulas for allocating

funds, consistent with the purpose of this Act.

(c) REPORT.—Not later than October 1, 1995, the Secretary

of Health and Human Services shall submit a report on the review

conducted under subsection (a) and a copy of the alternative formulas identified under subsection (b) to the Committee on Labor

and Human Resources of the Senate and to the Committee on

Energy and Commerce of the House of Representatives.

TITLE III—PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

SEC. 301. PART HEADING.

The heading of part C of title I of the Act is amended to

read as follows:

‘‘PART C—PROTECTION AND ADVOCACY OF

INDIVIDUAL RIGHTS’’.

SEC. 302. PURPOSE.

Section 141 (42 U.S.C. 6041) is amended—

(1) by striking ‘‘SEC. 141.’’;

(2) in the section heading, by striking ‘‘PURPOSE’’ and inserting the following new section heading:

‘‘SEC. 141. PURPOSE.’’;

(3) by striking ‘‘system’’ and inserting ‘‘Protection and

Advocacy system (hereafter referred to in this part as the

‘system’) ’’; and

(4) by striking ‘‘persons’’ and inserting ‘‘individuals’’.

SEC. 303. SYSTEM REQUIRED.

(a) SECTION HEADING.—Section 142 (42 U.S.C. 6042) is

amended—

(1) by striking ‘‘SEC. 142.’’; and

(2) in the section heading, by striking ‘‘SYSTEM REQUIRED’’

and inserting the following new section heading:

‘‘SEC. 142. SYSTEM REQUIRED.’’.

(b) SYSTEM.—Section 142 (42 U.S.C. 6042) is amended—

(1) in subsection (a)—

(A) by striking ‘‘In order’’ and inserting ‘‘SYSTEM

REQUIRED.—In order’’;

(B) in paragraph (1), by striking ‘‘persons’’ and inserting ‘‘individuals’’; (C) in paragraph (2)—
S. 1284—32

(i) by striking ‘‘persons’’ each place such term

appears and inserting ‘‘individuals’’;

(ii) in subparagraph (A), by striking ‘‘minority’’

and inserting ‘‘ethnic and racial minority’’;

(iii) by striking subparagraph (C);

(iv) in subparagraph (E), by striking ‘‘Planning

Council’’ and inserting ‘‘Developmental Disabilities

Council authorized under part B’’;

(v) in subparagraph (F), by striking ‘‘and’’ at the

end thereof; and

(vi) in subparagraph (G)—

(I) in clause (i), by striking ‘‘person’’ each place

such term appears and inserting ‘‘individual’’;

(II) in the matter preceding subclause (I) of

clause (ii), by striking ‘‘person’’ and inserting

‘‘individual’’;

(III) in clause (ii)(I), by striking ‘‘by reason

of the mental or physical condition of such person’’

and inserting ‘‘by reason of such individual’s mental or physical condition’’;

(IV) in clause (ii)(III), by striking ‘‘person’’ and

inserting ‘‘individual’’;

(V) in clause (iii), by realigning the margins

of subclauses (I), (II), and (III) so as to align with

the margins of subclauses (I), (II), and (III) of

clause (ii);

(VI) in clause (iii), by striking ‘‘(iii) any’’ and

inserting the following:

‘‘(iii) any’’; and (VII) in clause (iii)(III), by striking ‘‘person’’

and inserting ‘‘individual’’;

(vii) by redesignating subparagraphs (D), (E), (F), and (G) as subparagraphs (E), (F), (G), and (I), respectively; (viii) by inserting after subparagraph (B) the following new subparagraphs:

‘‘(C) on an annual basis, develop a statement of objectives and priorities for the system’s activities; and ‘‘(D) on an annual basis, provide to the public, including

individuals with developmental disabilities attributable to

either physical impairment, mental impairment, or a combination of physical or mental impairments, and their representatives, as appropriate, non-State agency representatives of the State Developmental Disabilities Council, and

the university affiliated program (if applicable within a

State), an opportunity to comment on—

‘‘(i) the objectives and priorities established by the

system and the rationale for the establishment of such

objectives; and

‘‘(ii) the activities of the system, including the

coordination with the advocacy programs under the

Rehabilitation Act of 1973, the Older Americans Act

of 1965, and the Protection and Advocacy for Mentally

Ill Individuals Act of 1986, and with other related

programs, including the parent training and information centers, education ombudsman programs and

assistive technology projects;’’;
S. 1284—33

(ix) by inserting after subparagraph (G), as so

redesignated in clause (vii), the following new subparagraph:

‘‘(H) have access at reasonable times and locations

to any resident who is an individual with a developmental

disability in a facility that is providing services, supports,

and other assistance to such a resident;’’;

(x) by adding at the end the following new subparagraphs:

‘‘(J) hire and maintain sufficient numbers and types

of staff, qualified by training and experience, to carry out

such system’s function except that such State shall not

apply hiring freezes, reductions in force, prohibitions on

staff travel, or other policies, to the extent that such policies

would impact staff or functions funded with Federal funds

and would prevent the system from carrying out its functions under this Act;

‘‘(K) have the authority to educate policymakers; and

‘‘(L) provide assurances to the Secretary that funds

allotted to the State under this section will be used to

supplement and increase the level of funds that would

otherwise be made available for the purposes for which

Federal funds are provided and not to supplant such nonFederal funds;’’;

(D) by striking paragraphs (3) and (5);

(E) in paragraph (4)—

(i) by striking ‘‘the State’’ and all that follows

through ‘‘provided with’’ and inserting ‘‘the State must

provide to the system’’; (ii) by striking ‘‘1902(a)(31)(B)’’ and inserting ‘‘1902(a)(31)’’; and

(iii) by redesignating such paragraph as paragraph (3); and

(F) by adding at the end the following new paragraph: ‘‘(4) the agency implementing the system will not be

redesignated unless there is good cause for the redesignation

and unless—

‘‘(A) notice has been given of the intention to make

such redesignation to the agency that is serving as the

system including the good cause for such redesignation

and the agency has been given an opportunity to respond

to the assertion that good cause has been shown; ‘‘(B) timely notice and opportunity for public comment

in an accessible format has been given to individuals with

developmental disabilities or their representatives; and

‘‘(C) the system has the opportunity to appeal to the

Secretary that the redesignation was not for good cause.’’;

(2) in subsection (b)—

(A) by striking ‘‘(b)(1) To’’ and inserting the following:

‘‘(b) ALLOTMENTS.—

‘‘(1) IN GENERAL.—To’’;

(B) in paragraph (1)—

(i) in subparagraph (A), to read as follows:

‘‘(A) the total amount appropriated under section 143

for a fiscal year is at least $20,000,000—

‘‘(i) the allotment of each of American Samoa,

Guam, the United States Virgin Islands, the Common-
S. 1284—34

wealth of the Northern Mariana Islands, and the

Republic of Palau (until the Compact of Free Association with Palau takes effect) for such fiscal year may

not be less than the greater of—

‘‘(I) $107,000; or

‘‘(II) the greater of the allotment received by

such State for fiscal year 1992, or the allotment

received by such State for fiscal year 1993, under

this section (determined without regard to subsection (d)); and

‘‘(ii) the allotment of any State not described in

clause (i) for such fiscal year may not be less than

the greater of—

‘‘(I) $200,000; or

‘‘(II) the greater of the allotments received by

such State for fiscal year 1992, or the allotment

received by such State for fiscal year 1993, under

this section (determined without regard to subsection (d)).’’; and

(ii) in subparagraph (B), to read as follows:

‘‘(B) the total amount appropriated under section 143

for a fiscal year is less than $20,000,000—

‘‘(i) the allotment of each of American Samoa,

Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the

Republic of Palau (until the Compact of Free Association with Palau takes effect) for such fiscal year may

not be less than the greater of— ‘‘(I) $80,000; or

‘‘(II) the greater of the allotment received by

such State for fiscal year 1992, or the allotment

received by such State for fiscal year 1993, under

this section (determined without regard to subsection (d)); and

‘‘(ii) the allotment of any State not described in clause (i) for such fiscal year may not be less than

the greater of— ‘‘(I) $150,000; or

‘‘(II) the greater of the allotment received by

such State for fiscal year 1992, or the allotment

received by such State for fiscal year 1993, under

this section (determined without regard to subsection (d)).’’;

(C) by realigning the margins of subparagraphs (A) and (B) of paragraph (2) so as to align with subparagraphs

(A) through (C) of subsection (a)(4);

(D) by realigning the margins of paragraphs (2)

through (4) so as to align with paragraph (4) of subsection

(a);

(E) in paragraph (2), by striking ‘‘In any case’’ and

inserting ‘‘INCREASE IN ALLOTMENTS.—In any case’’;

(F) in paragraph (3), by striking ‘‘A State’’ and inserting

‘‘MONITORING THE ADMINISTRATION OF THE SYSTEM.—A

State’’;

(G) in paragraph (4), by striking ‘‘Notwithstanding’’

and inserting ‘‘REDUCTION OF ALLOTMENT.—Notwithstanding’’; and
S. 1284—35

(H) by inserting at the end the following new paragraph:

‘‘(5) TECHNICAL ASSISTANCE AND AMERICAN INDIAN CONSORTIUM.—In any case in which amounts appropriated under section 143 for a fiscal year exceeds $24,500,000, the Secretary

shall—

‘‘(A) use not more than 2 percent of the amounts appropriated to provide technical assistance (consistent with

requests by such systems for such assistance in the year

that appropriations reach $24,500,000) to eligible systems

with respect to activities carried out under this title; and

‘‘(B) provide grants in accordance with paragraph

(1)(A)(i) to American Indian Consortiums to provide protection and advocacy services.’’;

(3) in subsection (c), by striking ‘‘Any amount’’ and inserting

‘‘UNOBLIGATED FUNDS.—Any amount’’;

(4) in subsection (d)—

(A) in the matter preceding paragraph (1), by striking

‘‘In States’’ and inserting ‘‘GOVERNING BOARD.—In States’’;

(B) in paragraph (1), by inserting before the semicolon

‘‘and include individuals with developmental disabilities

who are eligible for services, or have received or are receiving services, or parents, family members, guardians, advocates, or authorized representatives of such individuals’’;

(C) in paragraph (2), by striking ‘‘and’’ at the end

thereof;

(D) in paragraph (3), by striking the period and inserting ‘‘; and’’; and (E) by adding at the end the following new paragraph: ‘‘(4) in States in which the system is organized as a public

system without a multimember governing or advisory board,

the system shall establish an advisory council that shall— ‘‘(A) advise the system on policies and priorities to

be carried out in protecting and advocating the rights of

individuals with developmental disabilities; and

‘‘(B) consist of a majority of individuals with developmental disabilities who are eligible for services, or have

received or are receiving services, or parents, family members, guardians, advocates, or authorized representatives

of such individuals.’’;

(5) in subsection (e), by striking ‘‘As used’’ and inserting

‘‘RECORDS.—As used’’;

(6) in subsection (f)—

(A) by striking ‘‘If the’’ and inserting ‘‘ACCESS TO

RECORDS.—If the’’; and

(B) in the matter preceding paragraph (1) by striking

‘‘persons’’ and inserting ‘‘individuals’’;

(7) in subsection (g)—

(A) by striking ‘‘(g)(1) Nothing’’ and inserting the following:

‘‘(g) LEGAL ACTION.—

‘‘(1) IN GENERAL.—Nothing’’;

(B) in paragraph (1), by striking ‘‘persons’’ and inserting ‘‘individuals’’; and

(C) in paragraph (2), by striking ‘‘(2) Amounts’’ and

inserting the following:

‘‘(2) USE OF AMOUNTS FROM JUDGMENT.—Amounts’’;
S. 1284—36

(8) in subsection (h), by striking ‘‘Notwithstanding’’ and

inserting ‘‘PAYMENT TO SYSTEMS.—Notwithstanding’’; (9) by redesignating subsections (b) through (h) as sub- sections (c) through (i), respectively; (10) by inserting after subsection (a) the following new

subsection:

‘‘(b) AMERICAN INDIAN CONSORTIUM.—Upon application to the

Secretary, an American Indian consortium, as defined in section

102, established to provide protection and advocacy services under

this part, shall receive funding pursuant to subsection (c)(5). Such

consortium shall coordinate activities with existing systems.’’; and

(11) by adding at the end the following new subsections:

‘‘(j) DISCLOSURE OF INFORMATION.—For purposes of any periodic

audit, report, or evaluation required under this Act, the Secretary

shall not require a program to disclose the identity of, or any

other personally identifiable information related to, any individual

requesting assistance under such program.

‘‘(k) PUBLIC NOTICE OF FEDERAL ONSITE REVIEW.—The Secretary shall provide advance public notice of any Federal programmatic and administrative review and solicit public comment

on the system funded under this part through such notice. The

findings of the public comment solicitation notice shall be included

in the onsite visit report. The results of such review shall be

distributed to the Governor of the State and to other interested

public and private parties.’’.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

Section 143 (42 U.S.C. 6043) is amended—

(1) by striking ‘‘SEC. 143.’’;

(2) in the section heading, by striking ‘‘AUTHORIZATION OF

APPROPRIATIONS’’ and inserting the following new section heading:

‘‘SEC. 143. AUTHORIZATION OF APPROPRIATIONS.’’;

(3) by striking ‘‘$24,200,000 for fiscal year 1991’’ and inserting ‘‘$24,000,000 for fiscal year 1994’’; and

(4) by striking ‘‘fiscal years 1992 and 1993’’ and inserting

‘‘fiscal years 1995 and 1996’’.

TITLE IV—UNIVERSITY AFFILIATED

PROGRAMS

SEC. 401. PART HEADING.

The heading of part D of title I of the Act is amended to

read as follows:

‘‘PART D—UNIVERSITY AFFILIATED

PROGRAMS’’.

SEC. 402. PURPOSE.

Section 151 (42 U.S.C. 6061) is amended to read as follows:

‘‘SEC. 151. PURPOSE AND SCOPE OF ACTIVITIES.

‘‘The purpose of this part is to provide for grants to university

affiliated programs that are interdisciplinary programs operated

by universities, or by public or nonprofit entities associated with
S. 1284—37

a college or university, to provide a leadership role in the promotion

of independence, productivity, and integration and inclusion into

the community of individuals with developmental disabilities

through the provision of the following activities, which are conducted in a culturally competent manner: ‘‘(1) Interdisciplinary preservice preparation of students and fellows, including the preparation of leadership personnel. ‘‘(2) Community service activities that shall include commu- nity training and technical assistance for or with individuals

with developmental disabilities, family members of individuals

with developmental disabilities, professionals, paraprofessionals, students, and volunteers. Such activities may include

state-of-the-art direct services including family support, individual support, personal assistance services, educational, vocational, clinical, health, prevention, or other direct services. ‘‘(3) Dissemination of information and research findings, which may include the empirical validation of activities relevant

to the purposes described in paragraphs (1) and (2) and contributions to the development of new knowledge in the field

of developmental disabilities.’’.

SEC. 403. GRANT AUTHORITY.

(a) SECTION HEADING.—Section 152 (42 U.S.C. 6062) is

amended—

(1) by striking ‘‘SEC. 152.’’; and

(2) in the section heading, by striking ‘‘GRANT AUTHORITY’’ and inserting the following new section heading:

‘‘SEC. 152. GRANT AUTHORITY.’’.

(b) AUTHORITY.—Section 152 (42 U.S.C. 6062) is amended—

(1) in subsection (a)—

(A) by striking ‘‘From appropriations’’ and inserting

‘‘ADMINISTRATION AND OPERATION.—From appropriations’’;

and

(B) by striking ‘‘102(18).’’ and inserting ‘‘151. Grants may be awarded for a period not to exceed 5 years.’’;

(2) in subsection (b), to read as follows:

‘‘(b) TRAINING PROJECTS.— ‘‘(1) IN GENERAL.—From amounts appropriated under sec- tion 156(a), the Secretary shall make grants to university affiliated programs receiving grants under subsection (a) to support

training projects to train personnel to address the needs of

individuals with developmental disabilities in areas of emerging

national significance, as described in paragraph (3). Grants

awarded under this subsection shall be awarded on a competitive basis and may be awarded for a period not to exceed

5 years. ‘‘(2) ELIGIBILITY LIMITATIONS.—A university affiliated pro- gram shall not be eligible to receive funds for training projects

under this subsection unless—

‘‘(A) such program has operated for at least 1 year;

or

‘‘(B) the Secretary determines that such program has

demonstrated the capacity to develop an effective training

project during the first year such program is operated.

‘‘(3) AREAS OF FOCUS.—Training projects under this subsection shall train personnel to address the needs of individuals

with developmental disabilities in the areas of emerging
S. 1284—38

national significance described in subparagraphs (A) through

(H).

‘‘(A) EARLY INTERVENTION.—Grants under this subsection for training projects with respect to early intervention services shall be for the purpose of assisting university

affiliated programs in providing training to family members

of children with developmental disabilities and personnel

from all disciplines involved with interdisciplinary intervention to infants, toddlers, and preschool age children

with developmental disabilities. Such training projects shall

include instruction on family-centered, community-based,

coordinated care for infants, toddlers, and preschool age

children with developmental disabilities and their families.

‘‘(B) AGING.—Grants under this subsection for training

projects with respect to aging and developmental disabilities shall be for the purpose of supporting the planning,

design, and implementation of coordinated interdisciplinary

training programs between existing aging or gerontological

programs and university affiliated programs in order to

prepare professional staff to provide services for aging

individuals with developmental disabilities and their families.

‘‘(C) COMMUNITY SERVICES.—Grants under this subsection for training projects with respect to community

services shall be for the purpose of providing training that

enhances direct supports and services for individuals with

developmental disabilities, including training to community

members, families, individuals with developmental disabilities, and community-based direct service providers. The

Secretary shall ensure that all grants under this subparagraph are made only to university affiliated programs that

involve community-level direct support services in the

preparation of the application for such grant and that

assure that any training under the university affiliated

program will be coordinated with local community services

and support systems and with State, local, and regional

governmental or private agencies responsible for the planning or delivery of services to individuals with developmental disabilities.

‘‘(D) POSITIVE BEHAVIORAL SUPPORTS.—Grants awarded

under this subsection for training projects with respect

to positive behavioral supports shall be for the purpose

of assisting university affiliated programs in providing

training to family members of individuals with developmental disabilities and personnel in methods of developing

individual supports that maximize opportunities for

independence, productivity, and integration and inclusion

into the community for individuals with developmental

disabilities and severe behavior problems. Such training

projects shall provide training to—

‘‘(i) address ethical and legal principles and standards, including the role of personal and cultural values

in designing assessments and interventions;

‘‘(ii) address appropriate assessment approaches

that examine the range of factors that contribute to

problem behavior;
S. 1284—39

‘‘(iii) address the development of a comprehensive

plan that considers the needs and preferences of an

individual with a developmental disability;

‘‘(iv) address the competence in the types of skills

training, environmental modification, and incentive

procedures that encourage alternative behaviors;

‘‘(v) familiarize training participants with crisis

intervention approaches and the separate role of such

approaches as short-term emergency procedures;

‘‘(vi) familiarize training participants with medical

interventions and how to evaluate the effect of such

interventions on behavior; and

‘‘(vii) address techniques for evaluating the outcomes of interventions.

‘‘(E) ASSISTIVE TECHNOLOGY SERVICES.—Grants under

this subsection for training projects with respect to assistive

technology services shall be for the purpose of assisting

university affiliated programs in providing training to

personnel who provide, or will provide, assistive technology

services and devices to individuals with developmental

disabilities and their families. Such projects may provide

training and technical assistance to improve access to

assistive technology services for individuals with developmental disabilities and may include stipends and tuition

assistance for training project participants. Such projects

shall be coordinated with State technology coordinating

councils wherever such councils exist.

‘‘(F) AMERICANS WITH DISABILITIES ACT.—Grants under

this subsection for training projects with respect to the

provisions of the Americans with Disabilities Act of 1990

shall be for the purpose of assisting university affiliated

programs in providing training to personnel who provide,

or will provide, services to individuals with developmental

disabilities, and to others concerned with individuals with

developmental disabilities.

‘‘(G) COMMUNITY TRANSITION.—Grants under this subsection for training projects with respect to transition from

school to adult life shall be for the purpose of assisting

university affiliated programs in providing training to

individuals with developmental disabilities and their families, generic community agencies, advocacy organizations,

and others in order to stimulate the development and

improvement of policies, procedures, systems, and other

mechanisms that prepare youth with developmental

disabilities to enter adult life. Such projects shall be coordinated with State transition projects funded under section

626(e) of the Individuals with Disabilities Education Act,

where such State transition projects exist.

‘‘(H) OTHER AREAS.—Grants under this subsection for

training projects with respect to programs in other areas

of national significance shall be for the purpose of training

personnel in an area of special concern to the university

affiliated program, and shall be developed in consultation

with the State Developmental Disabilities Council.

‘‘(4) COURSES, TRAINEESHIPS AND FELLOWSHIPS.—Grants

under this subsection may be used by university affiliated

programs to—
S. 1284—40

‘‘(A) assist in paying the costs of courses of training

or study for personnel to provide services for individuals

with developmental disabilities and their families; and

‘‘(B) establish fellowships or traineeships providing

such stipends and allowances as may be determined by

the Secretary.

‘‘(5) PROHIBITED ACTIVITIES.—Grants awarded under this

subsection shall not be used for administrative expenses for

the university affiliated program under subsection (a).

‘‘(6) CRITERIA.—Grants awarded under this subsection shall

meet the criteria described in subparagraphs (A) and (B).

‘‘(A) APPLICATION.—An application that is submitted

for a grant under this subsection shall present evidence

that training projects assisted by funds awarded under

this section are—

‘‘(i) competency and value based;

‘‘(ii) designed to facilitate independence, productivity, and integration and inclusion for individuals with

developmental disabilities; and

‘‘(iii) evaluated utilizing state-of-the-art evaluation

techniques in the programmatic areas selected.

‘‘(B) GENERAL PROJECT REQUIREMENTS.—Training

projects under this subsection shall—

‘‘(i) represent state-of-the-art techniques in areas

of critical shortage of personnel that are identified

through consultation with the consumer advisory

committee described in section 153(d) and the State

Developmental Disabilities Council;

‘‘(ii) be conducted in consultation with the

consumer advisory committee described in section

153(d) and the State Developmental Disabilities Council;

‘‘(iii) be integrated into the appropriate university

affiliated program and university curriculum; ‘‘(iv) be integrated with relevant State agencies

in order to achieve an impact on statewide personnel

and service needs;

‘‘(v) to the extent practical, be conducted in

environments where services are actually delivered; ‘‘(vi) to the extent possible, be interdisciplinary

in nature;

‘‘(vii) utilize strategies to recruit and train members from racial and ethnic minority backgrounds and

individuals with disabilities; and

‘‘(viii) address the issue of cultural competence

in the training provided.’’;

(3) in subsection (c)—

(A) by striking ‘‘From amounts appropriated under section 154(b)’’ and inserting ‘‘SUPPLEMENTAL AWARDS.—From

amounts appropriated under section 156(a)’’;

(B) in paragraph (1)—

(i) by striking ‘‘service-related training to persons’’

and inserting ‘‘interdisciplinary training, community

training and technical assistance, community services,

or dissemination of information to individuals’’;

(ii) by striking ‘‘integration into the community

of persons with developmental disabilities’’ and insert-
S. 1284—41

ing ‘‘integration and inclusion into the community of

individuals with developmental disabilities and not

otherwise specified in subsection (b)’’; and (iii) by striking ‘‘persons’’ each place such term appears and inserting ‘‘individuals’’;

(C) in paragraph (2)— (i) by striking ‘‘(A) the’’ and inserting ‘‘the’’;

(ii) by striking ‘‘persons’’ and inserting ‘‘individ- uals’’;

(iii) by striking ‘‘(B) the’’ and inserting ‘‘the’’; and

(iv) by striking ‘‘parents’’ and inserting ‘‘family members’’;

(4) by striking subsection (d);

(5) in subsection (e)—

(A) by striking ‘‘(e) From amounts appropriated under section 154(a)’’ and inserting ‘‘(d) FEASIBILITY STUDIES.— From amounts appropriated under section 156(a)’’; and (B) by striking— (i) ‘‘or a satellite center’’; and

(ii) ‘‘or satellite center’’; and

(6) by striking subsections (f) and (g).

SEC. 404. APPLICATIONS.

(a) SECTION HEADING.—Section 153 (42 U.S.C. 6063) is

amended—

(1) by striking ‘‘SEC. 153.’’; and

(2) in the section heading, by striking ‘‘APPLICATIONS’’ and

inserting the following new section heading:

‘‘SEC. 153. APPLICATIONS.’’.

(b) APPLICATIONS.—Section 153 (42 U.S.C. 6063) is amended—

(1) in subsection (a)—

(A) by striking ‘‘Not later than six’’ and inserting:

‘‘STANDARDS.—Not later than 12’’;

(B) by striking ‘‘Act of 1984’’ and inserting ‘‘Assistance and Bill of Rights Act Amendments of 1994’’; (C) by striking ‘‘persons’’ and inserting ‘‘individuals’’; and

(D) by striking ‘‘section 102(18)’’ and inserting ‘‘section

151’’;

(2) in subsection (b)—

(A) in the matter preceding paragraph (1), by striking ‘‘No grants’’ and all that follows through ‘‘Such an application’’ and inserting ‘‘ASSURANCES.—The application under subsection (a)’’;

(B) in paragraph (1), by striking ‘‘grant will’’ and all that follows through ‘‘level of such funds;’’ and inserting

the following: ‘‘grant will— ‘‘(A) not result in any decrease in the use of State,

local, and other non-Federal funds for services for individuals with developmental disabilities and for training of

individuals to provide such services, which funds would

(except for such grant) be made available to the applicant;

and

‘‘(B) be used to supplement and, to the extent practicable, increase the level of such funds;’’;

(C) in paragraph (2), by striking ‘‘subsection (a)’’ each

place such term appears and inserting ‘‘subsection (b)’’;
S. 1284—42

(D) in paragraph (3)—

(i) by striking ‘‘persons’’ each place such term

appears and inserting ‘‘individuals’’;

(ii) by striking ‘‘treatment, services, or habilitation’’

and inserting ‘‘services’’; and

(iii) by striking ‘‘the developmentally disabled’’ and

inserting ‘‘individuals with developmental disabilities’’;

and

(E) in paragraph (5)—

(i) by striking ‘‘Planning’’ and inserting ‘‘Developmental Disabilities’’; and

(ii) by striking ‘‘or the satellite center is or will

be located’’;

(3) by striking subsections (c) and (d);

(4) by redesignating subsections (a), (b), and (e) as subsections (b), (c), and (f), respectively;

(5) by inserting after the section heading the following

new subsection:

‘‘(a) IN GENERAL.—No grants may be made under section 152(a)

unless an application therefor is submitted to, and approved by,

the Secretary. Such an application shall be submitted in such

form and manner, and contain such information, as the Secretary

may require.’’;

(6) by inserting after subsection (c), as so redesignated

by paragraph (4), the following new subsections:

‘‘(d) CONSUMER ADVISORY COMMITTEE.—The Secretary shall

only make grants under section 152(a) to university affiliated programs that establish a consumer advisory committee comprised

of individuals with developmental disabilities, family members of

individuals with developmental disabilities, representatives of State

protection and advocacy systems, State developmental disabilities

councils (including State service agency directors), local agencies,

and private nonprofit groups concerned with providing services

for individuals with developmental disabilities, which may include

representatives from parent training and information centers. The

consumer advisory committee shall reflect the racial and ethnic

diversity of the geographic area served by the university affiliated

program. ‘‘(e) FEDERAL SHARE.— ‘‘(1) IN GENERAL.—The Federal share of any project to

be provided through grants under this part may not exceed

75 percent of the necessary cost of such project, as determined

by the Secretary, except that if the project activities or products

target individuals with developmental disabilities who live in

an urban or rural poverty area, the Federal share may not

exceed 90 percent of the project’s necessary costs as so determined by the Secretary.

‘‘(2) PROJECT EXPENDITURES.—For the purpose of determining the Federal share with respect to any project, expenditures

on that project by a political subdivision of the State or by

a public or private entity shall, subject to such limitations

and conditions as the Secretary may by regulation prescribe,

be considered to be expenditures made by a university affiliated

program under this part.’’;

(7) in subsection (f), as so redesignated by paragraph (4)—

(A) by striking ‘‘(f)(1) The Secretary’’ and inserting

the following:
S. 1284—43

‘‘(f) PEER REVIEW.— ‘‘(1) IN GENERAL.—The Secretary’’; (B) in paragraph (1), by striking ‘‘Such peer review’’ and all that follows through ‘‘152(b)(1)(D).’’; (C) in paragraph (2)— (i) by striking ‘‘(2) Regulations’’ and inserting the following: ‘‘(2) REGULATIONS.—Regulations’’; and (ii) by striking ‘‘experience or training’’ and insert- ing ‘‘experience and training’’;

(D) in paragraph (3), to read as follows: ‘‘(3) APPROVAL.— ‘‘(A) IN GENERAL.—The Secretary may approve an application under this part only if such application has

been recommended by a peer review group that has conducted the peer review required under paragraph (1). ‘‘(B) APPLICABILITY.—This paragraph shall apply to the approval of grant applications received for fiscal year 1990

and succeeding fiscal years.’’; (E) in paragraph (4)— (i) by striking ‘‘(4) The Secretary’’ and inserting the following: ‘‘(4) ESTABLISHMENT OF PEER REVIEW GROUPS.—The Secretary’’; and (ii) by realigning the margins of subparagraphs (A) and (B) so as to align with the margin of subparagraph (A) of paragraph (3); and

(F) in paragraph (5), by striking ‘‘(5) The Secretary’’ and inserting the following:

‘‘(5) WAIVERS OF APPROVAL.—The Secretary’’; and (8) by adding at the end the following new subsection: ‘‘(g) REVIEW BY OTHER FEDERAL AGENCIES.—The Secretary shall establish such a process for the review of applications for

grants under section 152(a) as will ensure, to the maximum extent

feasible, that each Federal agency that provides funds for the direct

support of the applicant’s program reviews the application.’’.

SEC. 405. GRANT AWARDS.

Section 154 (42 U.S.C. 6064) is amended to read as follows:

‘‘SEC. 154. PRIORITY FOR GRANT AWARDS.

‘‘(a) IN GENERAL.—In awarding and distributing grant funds under this part, the Secretary, subject to the availability of appropriations, shall award and distribute grant funds in accordance

with the following order of priorities: ‘‘(1) EXISTING STATE UNIVERSITY AFFILIATED PROGRAMS.— First priority shall be given, with respect to the provision

of grant awards under section 152(a) in the amount of $200,000,

to an existing State university affiliated program that meets

the requirements under section 153.

‘‘(2) UNSERVED STATES.—Second priority shall be given,

with respect to the provision of grant awards under section

152(a) in the amount of $200,000, to a university or public

or nonprofit entity associated with a college or university that

desires to establish a university affiliated program in a State

that is unserved by a university affiliated program as of the

date of enactment of the Developmental Assistance and Bill

of Rights Act Amendments of 1994.
S. 1284—44

‘‘(3) TRAINING PROJECTS IN ALL UNIVERSITY AFFILIATED PROGRAMS.—Third priority shall be given, with respect to the provision of grant awards, to each university affiliated program

that receives funding under section 152(a) and that meets the

eligibility limitations under section 152(b) to the establishment

of training projects under section 152(b) in the amount of

$90,000 in each such program.

‘‘(4) INCREASED FUNDING FOR TRAINING PROJECTS.—Fourth

priority shall be given, with respect to the provision of grant

awards, to the provision of an increase in the amount of a

training project grant award under section 152(b) to $100,000.

‘‘(5) INCREASED FUNDING FOR UNIVERSITY AFFILIATED PROGRAMS.—Fifth priority shall be given, with respect to the provision of grant awards, to the provision of an increase in the

amount of a university affiliated program grant award under

section 152(a) to $250,000.

‘‘(6) ADDITIONAL TRAINING.—Sixth priority shall be given,

with respect to the provision of grant awards, to an existing

university affiliated program in a State that is served by such

program under section 152(a) to provide additional training

under subsection (b) or (c) of section 152 within such State

or other geographic regions, or to a university or public or

nonprofit entity associated with a college or university that

desires to establish another university affiliated program within

such State under section 152(a). All applications submitted

to the Secretary for such grant awards shall document plans

for coordinating activities with an existing university affiliated

program in the State (if applicable) and in consultation with

the State Developmental Disabilities Council.

‘‘(b) ADDITIONAL PROGRAMS.—For purposes of making grants under subsection (a)(6), the Secretary shall consider applications

for grants for university affiliated programs— ‘‘(1) for States that are currently underserved by a university affiliated program; and ‘‘(2) that are in addition to the total number of university

affiliated programs receiving grants under this subsection for

the preceding fiscal year.

‘‘(c) SINGLE APPLICATION.—When every State is served by a university affiliated program under section 152(a) in the amount

of $200,000 and every such program has been awarded a training

grant under section 152(b) in the amount of $90,000, the Secretary

may accept applications under such sections in a single application.’’.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS AND DEFINITION.

Part D of title I (42 U.S.C. 151 et seq.) is amended by adding

at the end the following new sections:

‘‘SEC. 155. DEFINITION.

‘‘For purposes of this part, the term ‘State’ means each of

the several States of the United States, the District of Columbia,

the Commonwealth of Puerto Rico, the United States Virgin Islands,

and Guam.

‘‘SEC. 156. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—For the purpose of making grants under

subsections (a), (b), (c), and (d) of section 152, there are authorized
S. 1284—45

to be appropriated $19,000,000 for fiscal year 1994, and such sums

as may be necessary for each of the fiscal years 1995 and 1996. ‘‘(b) LIMITATION.—With respect to peer review or other activities

directly related to peer review, the Secretary may not use— ‘‘(1) for fiscal year 1994, more than $300,000 of the funds made available under subsection (a) for such review or such

other activities; and

‘‘(2) for any succeeding fiscal year, more than the amount of the funds made available under paragraph (1) adjusted to

take into account the increase in the Consumer Price Index

for such fiscal year for such review or such other activities.’’.

TITLE V—PROJECTS OF NATIONAL

SIGNIFICANCE

SEC. 501. PART HEADING.

The heading of part E of title I of the Act is amended to read as follows:

‘‘PART E—PROJECTS OF NATIONAL

SIGNIFICANCE’’.

SEC. 502. PURPOSE.

Section 161 (42 U.S.C. 6081) is amended to read as follows:

‘‘SEC. 161. PURPOSE.

‘‘The purpose of this part is to provide for grants and contracts for projects of national significance that support the development

of national and State policy to enhance the independence, productivity, and integration and inclusion of individuals with developmental

disabilities through— ‘‘(1) data collection and analysis;

‘‘(2) technical assistance to enhance the quality of State Developmental Disabilities Councils, protection and advocacy

systems, and university affiliated programs; and ‘‘(3) other projects of sufficient size and scope that hold promise to expand or improve opportunities for individuals

with developmental disabilities, including— ‘‘(A) technical assistance for the development of

information and referral systems; ‘‘(B) educating policymakers;

‘‘(C) Federal interagency initiatives;

‘‘(D) the enhancement of participation of racial and

ethnic minorities in public and private sector initiatives

in developmental disabilities;

‘‘(E) transition of youth with developmental disabilities

from school to adult life; and

‘‘(F) special pilots and evaluation studies to explore

the expansion of programs under part B to individuals

with severe disabilities other than developmental disabilities.’’.

SEC. 503. GRANT AUTHORITY.

(a) SECTION HEADING.—Section 162 (42 U.S.C. 6082) is

amended—

(1) by striking ‘‘SEC. 162.’’; and
S. 1284—46

(2) in the section heading, by striking ‘‘GRANT AUTHORITY’’

and inserting the following new section heading:

‘‘SEC. 162. GRANT AUTHORITY.’’.

(b) AUTHORITY.—Section 162 (42 U.S.C. 6082) is amended—

(1) in subsection (a), to read as follows:

‘‘(a) IN GENERAL.—The Secretary—

‘‘(1) shall make grants to and enter into contracts with

public or nonprofit private entities for projects of national

significance relating to individuals with developmental disabilities to—

‘‘(A) support ongoing data collection on expenditures,

residential services and employment, and develop an

ongoing data collection system, including data collection

on the accomplishments of State Developmental Disabilities

Councils, protection and advocacy systems, and university

affiliated programs that includes data on the participation

of individuals from racial and ethnic minority backgrounds;

and

‘‘(B) provide technical assistance (including research,

training, and evaluation) that expands or improves the

effectiveness of State Developmental Disabilities Councils

under part B, protection and advocacy systems under part

C, and university affiliated programs under part D, including the evaluation and assessment of the quality of services

provided to individuals with developmental disabilities and

other activities performed by programs under parts B, C,

and D; and

‘‘(2) may make grants to and enter into contracts with

public or nonprofit private entities for projects of national

significance relating to individuals with developmental disabilities to conduct other nationally significant initiatives of sufficient size and scope that hold promise of expanding or otherwise

improving opportunities for individuals with developmental

disabilities, including—

‘‘(A) conducting research and providing technical assistance to assist States to develop statewide, comprehensive

information and referral and service coordination systems

for individuals with developmental disabilities and their

families that are culturally competent and that improve

supportive living and quality of life opportunities that

enhance recreation, leisure, and fitness;

‘‘(B) educating policymakers, including the training of

self-advocates and family members of individuals with

developmental disabilities;

‘‘(C) pursuing Federal interagency initiatives that

enhance the ability of Federal agencies to address the

needs of individuals with developmental disabilities and

their families;

‘‘(D) expanding or otherwise improving opportunities

for individuals with developmental disabilities who are

from racial and ethnic minority backgrounds including

projects to encourage members of such groups to participate

in the Developmental Disabilities Programs authorized

under parts B, C, and D, and increase the involvement

of students and professionals of such groups in the provi-
S. 1284—47

sion of services to, supports to, and advocacy for, individuals with developmental disabilities; and

‘‘(E) conducting research and providing technical assistance to policymakers concerning the transition of youth

with developmental disabilities from school to work and

to adult life.’’;

(2) in subsection (b), to read as follows:

‘‘(b) APPLICATION AND OTHER GRANT REQUIREMENTS.—No grant

may be made under subsection (a) unless—

‘‘(1) an application has been submitted to the Secretary

in such form, in such manner, and containing such information

as the Secretary shall by regulation prescribe and such application has been approved by the Secretary;

‘‘(2) each State in which the applicant’s project will be

conducted has a State plan approved under section 122;

‘‘(3) the application provides assurances that the human

rights of all individuals with developmental disabilities (especially those individuals without familial protection) who are

receiving services under projects assisted under this part will

be protected consistent with section 110 (relating to the rights

of individuals with developmental disabilities);

‘‘(4) the applicant demonstrates, where appropriate, how

the project will address, in whole or part, the needs of individuals with developmental disabilities from racial and ethnic

minority backgrounds; and

‘‘(5) the Secretary provides to the State Developmental

Disabilities Council in such State an opportunity to review

the application for such project and to submit its comments

on the application.’’;

(3) in subsection (c), by striking ‘‘Not later’’ and inserting

‘‘PRIORITIES FOR GRANTS.—Not later’’;

(4) in subsection (d)—

(A) by striking ‘‘Payments under’’ and inserting ‘‘GRANT

PAYMENTS.—Payments under’’; and (B) by inserting before the period in the second sentence ‘‘, except as otherwise provided under section 163’’;

(5) by redesignating subsections (b), (c), and (d) as sub- sections (c), (d), and (e), respectively; (6) by inserting after subsection (a) the following new subsection:

‘‘(b) INVESTIGATIONS.— ‘‘(1) IN GENERAL.—Not later than April 1, 1994, there shall

be a special initiative to support grants to investigate the

expansion of part B activities to individuals with severe disabilities other than developmental disabilities. Such investigations

shall be implemented through the following activities:

‘‘(A) A national study of State Developmental Disabilities Councils that are currently mandated under State

law or Executive order to focus on individuals with disabilities other than developmental disabilities. Such study shall

be completed not later than June 30, 1995.

‘‘(B) Pilot initiatives by not more than five additional

State Developmental Disabilities Councils, in consultation

with and with the support of the protection and advocacy

system and the university affiliated program in such State,

to study the implications of such expansion in States in

which such Councils are located and to delineate barriers,
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opportunities, and critical issues. Such initiatives shall be

completed not later than January 1996.

‘‘(C) A national study of the process and outcomes

of the pilot studies conducted under subparagraph (B).

Such study shall be completed not later than May 30,

1996.

‘‘(2) APPLICATION.—No grant may be made under this subsection unless an applicant submits to the Secretary an application, and meets the additional application requirements, under

subsection (c).’’; and

(7) by adding at the end thereof the following new subsection:

‘‘(f) LIST OF RECIPIENTS.—Not later than September 1 of each

fiscal year, the Secretary shall publish in the Federal Register

a list of the recipients of grants and contracts in each of the

areas authorized in subsections (a) and (b), including a brief description of the project, and the amount of funds granted to each such

project. The amounts for such grants and contracts shall total

the amount appropriated under this part for such fiscal year.’’.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Section 163(a) (42 U.S.C. 6083(a)) is

amended—

(1) by striking ‘‘$3,650,000’’ and inserting ‘‘$4,000,000’’;

(2) by striking ‘‘fiscal year 1991’’ and inserting ‘‘fiscal year

1994’’; and

(3) by striking ‘‘fiscal years 1992 and 1993’’ and inserting

‘‘fiscal years 1995 and 1996’’.

(b) LIMITATIONS.—Section 163(b) (42 U.S.C. 6083(b)) is amended

to read as follows:

‘‘(b) LIMITATIONS.—

‘‘(1) PROJECTS OF NATIONAL SIGNIFICANCE.—At least 8 percent, but in no event less than $300,000, of the amounts appropriated pursuant to subsection (a) shall be used to carry out

the provisions of section 162(a)(1)(B).

‘‘(2) INVESTIGATIONS.—

‘‘(A) IN GENERAL.—The additional authority to fund

projects under section 162(b) shall not be construed as

requiring the Secretary to supplant funding for other priorities described in this part.

‘‘(B) TIME LINE FOR FUNDING.—If amounts are available

to carry out subparagraphs (A), (B), and (C) of section

162(b)(1), the Administration shall provide funding to carry

out such subparagraphs not later than May 1 of the fiscal

year in which such funds become available.

‘‘(3) PROGRAMMATIC REVIEWS OR OTHER ADMINISTRATIVE

ACTIVITIES.—The Secretary may not use the funds made available under subsection (a) for programmatic reviews as prescribed by regulation or other administrative activities under

parts B, C, and D.

‘‘(4) TECHNICAL ASSISTANCE FOR PROTECTION AND ADVOCACY

SYSTEMS.—If technical assistance to improve the effectiveness

of protection and advocacy systems under part C is provided

under section 142(c)(5)—
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‘‘(A) no funding for the provision of such technical

assistance to protection and advocacy systems shall be

provided under this part; and

‘‘(B) the amount set aside for technical assistance under

section 162(a)(1)(B) shall be proportionally reduced.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.