Calendar No. 178

103D CONGRESS

1ST SESSION S. 1284

[Report No. 103–120]

A BILL

To amend the Developmental Disabilities Assistnificance, and for other purposes. filiated programs, and projects of national sig- and advocacy of individual rights, university af- uals with developmental disabilities, protection assistance for priority area activities for individ- viduals with developmental disabilities, Federal certain provisions relating to programs for indi- ance and Bill of Rights Act to expand or modify

AUGUST 3 (legislative day, JUNE 30), 1993

Reported without amendment
II

Calendar No. 178

103D CONGRESS

1ST SESSION S. 1284

[Report No. 103–120]

To amend the Developmental Disabilities Assistance and Bill of Rights Act

to expand or 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.

IN THE SENATE OF THE UNITED STATES

JULY 23 (legislative day, JUNE 30), 1993

Mr. HARKIN (for himself, Mr. DURENBERGER, Mr. KENNEDY, Mr. JEFFORDS,

Mr. METZENBAUM, Mr. SIMON, Mr. WELLSTONE, Mr. WOFFORD, Mr.

PELL, Mr. DOLE, and Mr. HATCH) introduced the following bill; which

was read twice and referred to the Committee on Labor and Human Resources

AUGUST 3 (legislative day, JUNE 30), 1993

Reported by Mr. KENNEDY, without amendment

A BILL

To amend the Developmental Disabilities Assistance and Bill

of Rights Act to expand or 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
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programs, and projects of national significance, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Developmental Disabilities Assistance and Bill of Rights

6 Act Amendments of 1993’’.

7 (b) TABLE OF CONTENTS.—The table of contents is

8 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

TITLE I—GENERAL PROVISIONS

Sec. 101. Title and part headings.

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 INDIVIDUAL RIGHTS
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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.

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.

1 SEC. 2. REFERENCES.

2 Except as otherwise specifically provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or a repeal of, a section or other

5 provision, the reference shall be considered to be made to

6 a section or other provision of the Developmental Disabil7 ities Assistance and Bill of Rights Act (42 U.S.C. 6000

8 et seq.).

9 TITLE I—GENERAL PROVISIONS

10 SEC. 101. TITLE AND PART HEADINGS.

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

12 amended to read as follows:
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1 ‘‘TITLE I—PROGRAMS FOR INDI2 VIDUALS WITH DEVELOPMEN3 TAL DISABILITIES’’.

4 (b) PART.—The heading of part A of title I of the

5 Act is amended to read as follows:

6 ‘‘PART A—GENERAL PROVISIONS’’.

7 SEC. 102. FINDINGS AND PURPOSES.

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

9 follows:

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

11 ‘‘(a) FINDINGS.—The Congress finds that—

12 ‘‘(1) in 1993 there are more than 3,000,000

13 individuals with developmental disabilities in the

14 United States;

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

16 experience and in no way diminishes the right of in17 dividuals with developmental disabilities to live inde18 pendently, enjoy self-determination, make choices,

19 contribute to society, and experience full integration

20 and inclusion in the economic, political, social, cul21 tural, and educational mainstream of American soci22 ety;

23 ‘‘(3) individuals with developmental disabilities

24 continually encounter various forms of discrimina25 tion in such critical areas as employment, housing,
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1 public accommodations, education, transportation,

2 communication, recreation, institutionalization,

3 health services, voting, and public services;

4 ‘‘(4) there is a lack of public awareness of the

5 capabilities and competencies of individuals with de6 velopmental disabilities;

7 ‘‘(5) individuals whose disabilities occur during

8 their developmental period frequently have severe

9 disabilities that are likely to continue indefinitely;

10 ‘‘(6) individuals with developmental disabilities

11 and their families often require specialized lifelong

12 assistance, provided in a coordinated and culturally

13 competent manner by many agencies, professionals,

14 advocates, community representatives, and others to

15 eliminate barriers and to meet the needs of such in16 dividuals and their families;

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

18 developmental disabilities and their families do not

19 have access to appropriate support and services from

20 generic and specialized service systems and remain

21 unserved or underserved;

22 ‘‘(8) family members, friends, and members of

23 the community can play a central role in enhancing

24 the lives of individuals with developmental disabil25 ities, especially when the family and community are
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1 provided with the necessary services and supports;

2 and

3 ‘‘(9) the goals of the Nation properly include

4 the goal of providing individuals with developmental

5 disabilities with the opportunities and support to—

6 ‘‘(A) make informed choices and decisions;

7 ‘‘(B) live in homes and communities in

8 which such individuals can exercise their full

9 rights and responsibilities as citizens;

10 ‘‘(C) pursue meaningful and productive

11 lives;

12 ‘‘(D) contribute to their family, commu13 nity, State, and Nation;

14 ‘‘(E) have interdependent friendships and

15 relationships with others; and

16 ‘‘(F) achieve full integration and inclusion

17 in society.

18 ‘‘(b) PURPOSE.—The purpose of this Act is to assure

19 that individuals with developmental disabilities and their

20 families have access to culturally competent services, sup21 ports, and other assistance and opportunities that promote

22 independence, productivity, and integration and inclusion

23 into the community, through—

24 ‘‘(1) support to State Developmental Disabil25 ities Councils in each State to promote, through sys-
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1 temic change, capacity building, and advocacy, a

2 consumer and family-centered, comprehensive sys3 tem, and a coordinated array of services, supports,

4 and other assistance for individuals with devel5 opmental disabilities and their families;

6 ‘‘(2) support to protection and advocacy sys7 tems in each State to protect the legal and human

8 rights of individuals with developmental disabilities;

9 ‘‘(3) support to university affiliated programs

10 to provide interdisciplinary preservice preparation of

11 students and fellows, community service activities,

12 and the dissemination of information and research

13 findings; and

14 ‘‘(4) support to national initiatives to collect

15 necessary data, provide technical assistance to State

16 Developmental Disabilities Councils, protection, and

17 advocacy systems and university affiliated programs,

18 and support other nationally significant activities.

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

20 that all programs, projects, and activities receiving assist21 ance under this Act shall be carried out in a manner con22 sistent with the principles that—

23 ‘‘(1) individuals with developmental disabilities,

24 including those with the most severe developmental

25 disabilities, are capable of achieving independence,
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1 productivity, and integration and inclusion into the

2 community, and the provision of services, supports

3 and other assistance can improve such individuals’

4 ability to achieve independence, productivity, and in5 tegration and inclusion;

6 ‘‘(2) individuals with developmental disabilities

7 and their families are the primary decisionmakers

8 regarding the services and supports such individuals

9 and their families receive and play decisionmaking

10 roles in policies and programs that affect the lives

11 of such individuals and their families;

12 ‘‘(3) individuals with developmental disabilities

13 and their families have competencies, capabilities

14 and personal goals that should be recognized, sup15 ported, and encouraged;

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

17 provided in a manner that demonstrates respect for

18 individual dignity, personal preferences, and cultural

19 differences;

20 ‘‘(5) communities accept and support individ21 uals with developmental disabilities and are enriched

22 by the full and active participation and the contribu23 tions by individuals with developmental disabilities

24 and their families; and
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1 ‘‘(6) individuals with developmental disabilities

2 have opportunities and the necessary support to be

3 included in community life, have interdependent re4 lationships, live in homes and communities, and

5 make contributions to their families, community,

6 State, and Nation.’’.

7 SEC. 103. DEFINITIONS.

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

9 follows:

10 ‘‘SEC. 102. DEFINITIONS.

11 ‘‘For purposes of this title:

12 ‘‘(1) AMERICAN INDIAN CONSORTIUM.—The

13 term ‘American Indian Consortium’ means any con14 federation of two or more recognized American In15 dian tribes, created through the official action of

16 each participating tribe, that has a combined total

17 resident population of 150,000 enrolled tribal mem18 bers and a contiguous territory of Indian lands in

19 two or more States.

20 ‘‘(2) ASSISTIVE TECHNOLOGY DEVICE.—The

21 term ‘assistive technology device’ means any item,

22 piece of equipment, or product system, whether ac23 quired commercially, modified or customized, that is

24 used to increase, maintain, or improve functional ca-
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1 pabilities of individuals with developmental disabil2 ities.

3 ‘‘(3) ASSISTIVE TECHNOLOGY SERVICE.—The

4 term ‘assistive technology service’ means any service

5 that directly assists an individual with a developmen6 tal disability in the selection, acquisition, or use, of

7 an assistive technology device. Such term includes—

8 ‘‘(A) the evaluation of the needs of an indi9 vidual with a developmental disability, including

10 a functional evaluation of such individual in

11 such individual’s customary environment;

12 ‘‘(B) purchasing, leasing, or otherwise pro13 viding for the acquisition of assistive technology

14 devices by an individual with a developmental

15 disability;

16 ‘‘(C) selecting, designing, fitting, customiz17 ing, adapting, applying, maintaining, repairing

18 or replacing assistive technology devices;

19 ‘‘(D) coordinating and using other thera20 pies, interventions, or services with assistive

21 technology devices, such as those associated

22 with existing education and rehabilitation plans

23 and programs;

24 ‘‘(E) training or technical assistance for an

25 individual with a developmental disability, or,
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1 where appropriate, the family of an individual

2 with a developmental disability; and

3 ‘‘(F) training or technical assistance for

4 professionals (including individuals providing

5 education and rehabilitation services), employ6 ers, or other individuals who provide services to,

7 employ, or are otherwise substantially involved

8 in the major life functions of, an individual with

9 developmental disabilities.

10 ‘‘(4) CHILD DEVELOPMENT ACTIVITIES.—The

11 term ‘child development activities’ means such prior12 ity area activities as will assist in the prevention,

13 identification, and alleviation of developmental dis14 abilities in children, including early intervention

15 services.

16 ‘‘(5) COMMUNITY LIVING ACTIVITIES.—The

17 term ‘community living activities’ means such prior18 ity area activities as will assist individuals with de19 velopmental disabilities to obtain and receive the

20 supports needed to live in their family home or a

21 home of their own with individuals of their choice

22 and to develop supports in the community.

23 ‘‘(6) COMMUNITY SUPPORTS.—The term ‘com24 munity supports’ means activities, services, supports,

25 and other assistance designed to—
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1 ‘‘(A) assist neighborhoods and commu2 nities to be more responsive to the needs of in3 dividuals with developmental disabilities and

4 their families;

5 ‘‘(B) develop local networks that can pro6 vide informal support; and

7 ‘‘(C) make communities accessible and en8 able communities to offer their resources and

9 opportunities to individuals with developmental

10 disabilities and their families.

11 Such term includes community education, personal

12 assistance services, vehicular and home modifica13 tions, support at work, and transportation.

14 ‘‘(7) DEVELOPMENTAL DISABILITY.—The term

15 ‘developmental disability’ means a severe, chronic

16 disability of an individual 5 years of age or older

17 that—

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

19 impairment or combination of mental and phys20 ical impairments;

21 ‘‘(B) is manifested before the individual at22 tains age 22;

23 ‘‘(C) is likely to continue indefinitely;
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1 ‘‘(D) results in substantial functional limi2 tations in three or more of the following areas

3 of major life activity—

4 ‘‘(i) self-care;

5 ‘‘(ii) receptive and expressive lan6 guage;

7 ‘‘(iii) learning;

8 ‘‘(iv) mobility;

9 ‘‘(v) self-direction;

10 ‘‘(vi) capacity for independent living;

11 and

12 ‘‘(vii) economic self-sufficiency; and

13 ‘‘(E) reflects the individual’s need for a

14 combination and sequence of special, inter15 disciplinary, or generic services, supports, or

16 other assistance that are of lifelong or extended

17 duration and are individually planned and co18 ordinated,

19 except that such term, when applied to infants and

20 young children means individuals from birth to age

21 5, inclusive, who have substantial developmental

22 delay or specific congenital or acquired conditions

23 with a high probability of resulting in developmental

24 disabilities if services are not provided.
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1 ‘‘(8) EARLY INTERVENTION SERVICES.—The

2 term ‘early intervention services’ means services pro3 vided to infants, toddlers, young children, and their

4 families to—

5 ‘‘(A) enhance the development of infants,

6 toddlers, and young children with disabilities

7 and to minimize their potential for developmen8 tal delay; and

9 ‘‘(B) enhance the capacity of families to

10 meet the special needs of their infants, toddlers,

11 and young children.

12 ‘‘(9) EMPLOYMENT ACTIVITIES.—The term

13 ‘employment activities’ means such priority area ac14 tivities as will increase the independence, productiv15 ity, and integration and inclusion into the commu16 nity of individuals with developmental disabilities in

17 work settings.

18 ‘‘(10) FAMILY SUPPORT SERVICE.—The term

19 ‘family support service’ means services, supports,

20 and other assistance provided to families with mem21 bers with developmental disabilities, that are de22 signed to—

23 ‘‘(A) strengthen the family’s role as pri24 mary caregiver;
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1 ‘‘(B) prevent inappropriate out-of-the-home

2 placement and maintain family unity; and

3 ‘‘(C) reunite families with members who

4 have been placed out of the home.

5 Such term includes respite care, rehabilitation tech6 nology, personal assistance services, parent training

7 and counseling, support for elderly parents, vehicu8 lar and home modifications, and assistance with ex9 traordinary expenses associated with the needs of in10 dividuals with developmental disabilities.

11 ‘‘(11) FEDERAL PRIORITY AREAS.—The term

12 ‘Federal priority areas’ means community living ac13 tivities, employment activities, child development ac14 tivities, and system coordination and community

15 education activities.

16 ‘‘(12) INDEPENDENCE.—The term ‘independ17 ence’ means the extent to which individuals with de18 velopmental disabilities exert control and choice over

19 their own lives.

20 ‘‘(13) INDIVIDUAL SUPPORTS.—The term ‘indi21 vidual supports’ means services, supports, and other

22 assistance that enable an individual with a devel23 opmental disability to be independent, productive, in24 tegrated, and included into such individual’s commu25 nity, and that are designed to—
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1 ‘‘(A) enable such individual to control such

2 individual’s environment, permitting the most

3 independent life possible;

4 ‘‘(B) prevent placement into a more re5 strictive living arrangement than is necessary;

6 and

7 ‘‘(C) enable such individual to live, learn,

8 work, and enjoy life in the community.

9 Such term includes personal assistance services, re10 habilitation technology, vehicular and home modi11 fications, support at work, and transportation.

12 ‘‘(14) INTEGRATION AND INCLUSION.—The

13 term ‘integration and inclusion’, with respect to indi14 viduals with developmental disabilities, means—

15 ‘‘(A) the use by individuals with devel16 opmental disabilities of the same community re17 sources that are used by and available to other

18 citizens;

19 ‘‘(B) living in homes close to community

20 resources, with regular contact with citizens

21 without disabilities in their communities;

22 ‘‘(C) the full and active participation by in23 dividuals with developmental disabilities in the

24 same community activities and types of employ25 ment as citizens without disabilities, and utili-
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1 zation of the same community resources as citi2 zens without disabilities, living, learning, work3 ing, and enjoying life in regular contact with

4 citizens without disabilities; and

5 ‘‘(D) having friendships and relationships

6 with individuals and families of their own

7 choosing.

8 ‘‘(15) NONPROFIT.—The term ‘nonprofit’

9 means an agency, institution, or organization that is

10 owned or operated by one or more corporations or

11 associations, no part of the net earnings of which in12 ures, or may lawfully inure, to the benefit of any pri13 vate shareholder or individual.

14 ‘‘(16) OTHER ORGANIZATIONS.—The term

15 ‘other organizations’ means those organizations that

16 are not State agencies or nonprofit agencies, except

17 such organizations may be consulting firms, inde18 pendent proprietary businesses and providers, and

19 local community groups not organizationally incor20 porated, and that are interested in supporting indi21 viduals with developmental disabilities.

22 ‘‘(17) PERSONAL ASSISTANCE SERVICES.—The

23 term ‘personal assistance services’ means a range of

24 services, provided by one or more individuals, de25 signed to assist an individual with a disability to
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1 perform daily living activities on or off a job that

2 such individual would typically perform if such indi3 vidual did not have a disability. Such services shall

4 be designed to increase such individual’s control in

5 life and ability to perform everyday activities on or

6 off such job.

7 ‘‘(18) PREVENTION.—The term ‘prevention’

8 means activities that address the causes of devel9 opmental disabilities and the exacerbation of func10 tional limitations, such as activities that—

11 ‘‘(A) eliminate or reduce the factors that

12 cause or predispose individuals to developmental

13 disabilities or that increase the prevalence of

14 developmental disabilities;

15 ‘‘(B) increase the early identification of ex16 isting problems to eliminate circumstances that

17 create or increase functional limitations; and

18 ‘‘(C) mitigate against the effects of devel19 opmental disabilities throughout the individual’s

20 lifespan.

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

22 means—

23 ‘‘(A) engagement in income-producing

24 work that is measured by increased income, im-
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1 proved employment status, or job advancement;

2 or

3 ‘‘(B) engagement in work that contributes

4 to a household or community.

5 ‘‘(20) PROTECTION AND ADVOCACY SYSTEM.—

6 The term ‘protection and advocacy system’ means a

7 protection and advocacy system established in ac8 cordance with section 142.

9 ‘‘(21) REHABILITATION TECHNOLOGY.—The

10 term ‘rehabilitation technology’ means the system11 atic application of technologies, engineering meth12 odologies, or scientific principles to meet the needs

13 of, and address the barriers confronted by, individ14 uals with developmental disabilities in areas that in15 clude education, rehabilitation, employment, trans16 portation, independent living, and recreation. Such

17 term includes rehabilitation engineering, assistive

18 technology devices, and assistive technology services.

19 ‘‘(22) SECRETARY.—The term ‘Secretary’

20 means the Secretary of Health and Human Services.

21 ‘‘(23) SERVICE COORDINATION ACTIVITIES.—

22 The term ‘service coordination activities’ (also re23 ferred to as ‘case management activities’) means ac24 tivities that assist and enable individuals with devel25 opmental disabilities and their families to access
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1 services, supports and other assistance, and in2 cludes—

3 ‘‘(A) the provision of information to indi4 viduals with developmental disabilities and their

5 families about the availability of services, sup6 ports, and other assistance;

7 ‘‘(B) assistance in obtaining appropriate

8 services, supports, and other assistance, which

9 may include facilitating and organizing such as10 sistance;

11 ‘‘(C) coordination and monitoring of serv12 ices, supports, and other assistance provided

13 singly or in combination to individuals with de14 velopmental disabilities and their families to en15 sure accessibility, continuity, and accountability

16 of such assistance; and

17 ‘‘(D) follow-along services that ensure,

18 through a continuing relationship, that the

19 changing needs of individuals with developmen20 tal disabilities and their families are recognized

21 and appropriately met.

22 ‘‘(24) STATE.—The term ‘State’ includes, in

23 addition to each of the several States of the United

24 States, the District of Columbia, the Commonwealth

25 of Puerto Rico, the United States Virgin Islands,
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1 Guam, American Samoa, the Commonwealth of the

2 Northern Mariana Islands, and the Republic of

3 Palau (until the Compact of Free Association with

4 Palau takes effect).

5 ‘‘(25) STATE DEVELOPMENTAL DISABILITIES

6 COUNCIL.—The term ‘State Developmental Disabil7 ities Council’ means a Council established under sec8 tion 124.

9 ‘‘(26) STATE PRIORITY AREA.—The term ‘State

10 priority area’ means priority area activities in an

11 area considered essential by the State Developmental

12 Disabilities Council.

13 ‘‘(27) SUPPORTED EMPLOYMENT.—The term

14 ‘supported employment’ means competitive work in

15 integrated work settings for individuals with devel16 opmental disabilities—

17 ‘‘(A)(i) for whom competitive employment

18 has not traditionally occurred; or

19 ‘‘(ii) for whom competitive employment has

20 been interrupted or intermittent as a result of

21 a severe disability; and

22 ‘‘(B) who, because of the nature and sever23 ity of their disability, need intensive supported

24 employment services or extended services in

25 order to perform such work.
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1 ‘‘(28) SYSTEM COORDINATION AND COMMUNITY

2 EDUCATION ACTIVITIES.—The term ‘system coordi3 nation and community education activities’ means

4 activities that—

5 ‘‘(A) eliminate barriers to access and eligi6 bility for services, supports, and other assist7 ance;

8 ‘‘(B) enhance systems design, redesign,

9 and integration, including the encouragement of

10 the creation of local service coordination and in11 formation and referral statewide systems;

12 ‘‘(C) enhance individual, family, and citi13 zen participation and involvement; and

14 ‘‘(D) develop and support coalitions and

15 individuals through training in self-advocacy,

16 educating policymakers, and citizen leadership

17 skills.

18 ‘‘(29) SYSTEMIC ADVOCACY.—The term ‘sys19 temic advocacy’ means activities that identify, sup20 port, and recommend improvements in the planning,

21 design, redesign, structure, delivery, or funding of

22 generic or specialized services and supports.

23 ‘‘(30) UNIVERSITY AFFILIATED PROGRAM.—

24 The term ‘university affiliated program’ means a
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1 university affiliated program established under sec2 tion 152.’’.

3 SEC. 104. FEDERAL SHARE.

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

5 SEC. 105. RECORDS AND AUDITS.

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

7 6003) is amended—

8 (1) by striking ‘‘SEC. 104.’’; and

9 (2) in the section heading, by striking

10 ‘‘RECORDS AND AUDIT’’ and inserting the following

11 new section heading:

12 ‘‘SEC. 104. RECORDS AND AUDITS.’’.

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

14 6003) is amended—

15 (1) in subsection (a)—

16 (A) by striking ‘‘Each’’ and inserting

17 ‘‘RECORDS.—Each’’;

18 (B) by striking ‘‘including’’ and inserting

19 ‘‘including—’’;

20 (C) by realigning the margins of subpara21 graphs (A), (B), and (C) of paragraph (1) so

22 as to align with the margins of subparagraphs

23 (A) and (B) of paragraph (27) of section 102;
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1 (D) by realigning the margins of para2 graphs (1) and (2) so as to align with the mar3 gin of paragraph (30) of section 102;

4 (E) in paragraph (1), by striking ‘‘dis5 close’’ and inserting ‘‘disclose—’’; and

6 (F) by striking the comma each place such

7 appears and inserting a semicolon; and

8 (2) in subsection (b), by striking ‘‘The Sec9 retary’’ and inserting ‘‘ACCESS.—The Secretary’’.

10 SEC. 106. RECOVERY.

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

12 SEC. 107. STATE CONTROL OF OPERATIONS.

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

14 (1) by striking ‘‘SEC. 106.’’;

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

16 CONTROL OF OPERATIONS’’ and inserting the follow17 ing new section heading:

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

19 and

20 (3) by striking ‘‘facility for persons’’ and insert21 ing ‘‘programs, services, and supports for individ22 uals’’.

23 SEC. 108. REPORTS.

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

25 6006) is amended—
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1 (1) by striking ‘‘SEC. 107.’’; and

2 (2) in the section heading, by striking ‘‘RE3 PORTS’’ and inserting the following new section

4 heading:

5 ‘‘SEC. 107. REPORTS.’’.

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

7 amended—

8 (1) in subsection (a)—

9 (A) in the matter preceding paragraph

10 (1)—

11 (i) by striking, ‘‘By January’’ and in12 serting ‘‘DEVELOPMENTAL DISABILITIES

13 COUNCIL REPORTS.—By January’’;

14 (ii) by striking ‘‘the State Planning

15 Council of each State’’ and inserting ‘‘each

16 State Developmental Disabilities Council’’;

17 (iii) by striking ‘‘a report concerning’’

18 and inserting ‘‘a report of’’; and

19 (iv) by striking ‘‘such report’’ and in20 serting ‘‘report’’;

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

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

23 such activities’’ and inserting ‘‘of activities and

24 accomplishments’’;

25 (C) in paragraph (2)—
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1 (i) by striking ‘‘such accomplish2 ments’’ and inserting ‘‘accomplishments’’;

3 and

4 (ii) by striking ‘‘by the State’’;

5 (D) in paragraph (4)—

6 (i) by striking ‘‘Planning’’ and insert7 ing ‘‘Developmental Disabilities’’;

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

9 term appears;

10 (iii) by striking ‘‘report’’ and inserting

11 ‘‘reports’’;

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

13 inserting ‘‘1902(a)(31)’’;

14 (v) by striking ‘‘plan’’ and inserting

15 ‘‘plans’’; and

16 (vi) by striking ‘‘; and’’ and inserting

17 a semicolon;

18 (E) by striking paragraph (5); and

19 (F) by adding at the end the following new

20 paragraphs:

21 ‘‘(5) a description of—

22 ‘‘(A) the trends and progress made in the

23 State concerning systemic change (including

24 policy reform), capacity building, advocacy, and

25 other actions on behalf of individuals with de-
27

•S 1284 RS

1 velopmental disabilities, with attention to indi2 viduals who are traditionally unserved and un3 derserved, including individuals who are mem4 bers of ethnic and racial minority groups, and

5 individuals from underserved geographic areas;

6 ‘‘(B) systemic change, capacity building,

7 and advocacy activities that affect individuals

8 with disabilities other than developmental dis9 abilities; and

10 ‘‘(C) a summary of actions taken to im11 prove access and services for unserved and un12 derserved groups;

13 ‘‘(6) a description of resources leveraged by ac14 tivities directly attributable to State Developmental

15 Disabilities Council actions; and

16 ‘‘(7) a description of the method by which the

17 State Developmental Disabilities Council shall widely

18 disseminate the annual report to affected constitu19 encies as well as the general public and to assure

20 that the report is available in accessible formats.’’;

21 (2) in subsection (b)—

22 (A) by striking ‘‘By January’’ and insert23 ing ‘‘PROTECTION AND ADVOCACY SYSTEM RE24 PORTS.—By January’’; and
28

•S 1284 RS

1 (B) by inserting before the period ‘‘, in2 cluding a description of the system’s priorities

3 for such fiscal year, the process used to obtain

4 public input, the nature of such input, and how

5 such input was used’’; and

6 (3) in subsection (c)—

7 (A) by realigning the margins of subpara8 graphs (A) and (B) of paragraph (1) so as to

9 align with the margins of subparagraph (C) of

10 such paragraph;

11 (B) by realigning the margins of para12 graphs (1) and (2) so as to align with the mar13 gin of paragraph (1) of subsection (a);

14 (C) by striking ‘‘(c)’’ and inserting ‘‘(c)

15 SECRETARY REPORTS.—’’;

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

17 following:

18 ‘‘(1) IN GENERAL.—By’’;

19 (E) in paragraph (1)—

20 (i) in subparagraph (B)—

21 (I) by striking ‘‘integration’’ each

22 place such term appears and inserting

23 ‘‘integration and inclusion’’; and

24 (II) by striking ‘‘persons’’ and in25 serting ‘‘individuals’’;
29

•S 1284 RS

1 (ii) by striking subparagraph (C) and

2 inserting the following new subparagraph:

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

4 the States concerning systemic change (includ5 ing policy reform), capacity building, advocacy,

6 and other actions on behalf of individuals with

7 developmental disabilities, with attention to in8 dividuals who are traditionally unserved and

9 underserved, including individuals who are

10 members of ethnic and racial minority groups,

11 and individuals from underserved geographic

12 areas;

13 ‘‘(ii) systemic change, capacity building,

14 and advocacy activities that affect individuals

15 with disabilities other than developmental dis16 abilities; and

17 ‘‘(iii) a summary of actions taken to im18 prove access and services for unserved and un19 derserved groups;’’; and

20 (iii) in subparagraph (D), by striking

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

22 (F) in paragraph (2)—

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

24 inserting ‘‘include and analyze’’; and

25 (ii) by striking ‘‘to the Secretary’’.
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•S 1284 RS

1 SEC. 109. RESPONSIBILITIES OF THE SECRETARY.

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

3 6007) is amended—

4 (1) by striking ‘‘SEC. 108.’’; and

5 (2) in the section heading, by striking ‘‘RE6 SPONSIBILITIES OF THE SECRETARY’’ and inserting

7 the following new section heading:

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

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

10 6007) is amended—

11 (1) in subsection (a), by striking ‘‘The Sec12 retary’’ and inserting ‘‘REGULATIONS.—The Sec13 retary’’; and

14 (2) in subsection (b)—

15 (A) by striking ‘‘Within ninety’’ and in16 serting ‘‘INTERAGENCY COMMITTEE.—Within

17 90’’; and

18 (B) by striking ‘‘Administration for Devel19 opmental Disabilities’’ and inserting ‘‘Adminis20 tration on Developmental Disabilities,’’.

21 SEC. 110. EMPLOYMENT OF HANDICAPPED INDIVIDUALS.

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

23 6008) is amended—

24 (1) by striking ‘‘SEC. 109.’’; and
31

•S 1284 RS

1 (2) in the section heading, by striking ‘‘EM2 PLOYMENT OF HANDICAPPED INDIVIDUALS’’ and in3 serting the following new section heading:

4 ‘‘SEC. 109. EMPLOYMENT OF INDIVIDUALS WITH DISABIL5 ITIES.’’.

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

7 amended—

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

9 inserting ‘‘individuals with disabilities’’;

10 (2) by striking ‘‘Act of’’ and inserting ‘‘Act of

11 1973’’; and

12 (3) by striking ‘‘which govern’’ and all that fol13 lows through ‘‘subcontracts.’’ and inserting the fol14 lowing: ‘‘that govern employment—

15 ‘‘(1) by State rehabilitation agencies and com16 munity rehabilitation programs; and

17 ‘‘(2) under Federal contracts and sub18 contracts.’’.

19 SEC. 111. RIGHTS OF THE DEVELOPMENTALLY DISABLED.

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

21 6009) is amended—

22 (1) by striking ‘‘SEC. 110.’’; and

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

24 OF THE DEVELOPMENTALLY DISABLED’’ and insert25 ing the following new section heading:
32

•S 1284 RS

1 ‘‘SEC. 110. RIGHTS OF INDIVIDUALS WITH DEVELOPMEN2 TAL DISABILITIES.’’.

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

4 amended—

5 (1) in the matter preceding paragraph (1) by

6 striking ‘‘persons’’ and inserting ‘‘individuals’’;

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

8 inserting ‘‘Individuals’’;

9 (3) in paragraph (2)—

10 (A) by striking ‘‘a person’’ and inserting

11 ‘‘an individual’’;

12 (B) by striking ‘‘the person’’ and inserting

13 ‘‘the individual’’; and

14 (C) by striking ‘‘the person’s’’ and insert15 ing ‘‘the individual’s’’;

16 (4) in paragraph (3), by striking ‘‘persons’’

17 each place such term appears and inserting ‘‘individ18 uals’’;

19 (5) in paragraph (4), by striking ‘‘persons’’

20 each place such term appears and inserting ‘‘individ21 uals’’; and

22 (6) in the matter after subparagraph (C), by

23 striking ‘‘persons’’ each place such term appears and

24 inserting ‘‘individuals’’.
33

•S 1284 RS

1 TITLE II—FEDERAL ASSISTANCE

2 FOR PRIORITY AREA ACTIVI3 TIES FOR INDIVIDUALS WITH

4 DEVELOPMENTAL DISABIL5 ITIES

6 SEC. 201. PART HEADING.

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

8 to read as follows:

9 ‘‘PART B—FEDERAL ASSISTANCE TO STATE

10 DEVELOPMENTAL DISABILITIES COUNCILS’’.

11 SEC. 202. PURPOSE.

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

13 follows:

14 ‘‘SEC. 121. PURPOSE.

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

16 to support State Developmental Disabilities Councils in

17 each State to promote, through systemic change, capacity

18 building, and advocacy, the development of a consumer

19 and family-centered, comprehensive system and a coordi20 nated array of services, supports, and other assistance de21 signed to achieve independence, productivity, and integra22 tion and inclusion into the community for individuals with

23 developmental disabilities.’’.
34

•S 1284 RS

1 SEC. 203. STATE PLANS.

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

3 follows:

4 ‘‘SEC. 122. STATE PLAN.

5 ‘‘(a) IN GENERAL.—Any State desiring to take ad6 vantage of this part shall have a State plan submitted to,

7 and approved by, the Secretary under this section.

8 ‘‘(b) PLANNING CYCLE.—The plan under subsection

9 (a) shall be reviewed annually and revised at least once

10 every 3 years.

11 ‘‘(c) STATE PLAN REQUIREMENTS.—In order to be

12 approved by the Secretary under this section, a State plan

13 shall meet the requirements in paragraphs (1) through

14 (5).

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

16 for the establishment and maintenance of a State

17 Developmental Disabilities Council in accordance

18 with section 124 and describe the membership of

19 such Council.

20 ‘‘(2) DESIGNATED STATE AGENCY.—The plan

21 shall identify the agency or office within the State

22 designated to support the State Developmental Dis23 abilities Council in accordance with this section and

24 section 124(d).

25 ‘‘(3) COMPREHENSIVE REVIEW AND ANALY26 SIS.—The plan shall contain a comprehensive review
35

•S 1284 RS

1 and analysis of the extent to which services and sup2 ports are available to, and the need for services and

3 supports for, individuals with developmental disabil4 ities and their families. Such review and analysis

5 shall include—

6 ‘‘(A) a description of the services, supports

7 and other assistance being provided to, or to be

8 provided to, individuals with developmental dis9 abilities and their families under other federally

10 assisted State programs, plans, and policies

11 that the State conducts and in which individ12 uals with developmental disabilities are or may

13 be eligible to participate, including programs re14 lating to education, job training, vocational re15 habilitation, public assistance, medical assist16 ance, social services, child welfare, maternal

17 and child health, aging, programs for children

18 with special health care needs, children’s mental

19 health, housing, transportation, technology,

20 comprehensive health and mental health, and

21 such other programs as the Secretary may

22 specify;

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

24 agencies operating such other federally assisted

25 State programs pursue interagency initiatives to
36

•S 1284 RS

1 improve and enhance services, supports, and

2 other assistance for individuals with devel3 opmental disabilities; and

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

5 the need for the provision, in the State of the

6 four Federal priority areas and an optional

7 State priority area, including—

8 ‘‘(i) an analysis of such Federal and

9 State priority areas in relation to the de10 gree of support for individuals with devel11 opmental disabilities attributable to either

12 physical impairment, mental impairment,

13 or a combination of physical and mental

14 impairments;

15 ‘‘(ii) an analysis of criteria for eligi16 bility for services, including specialized

17 services and special adaptation of generic

18 services provided by agencies within the

19 State, that may exclude individuals with

20 developmental disabilities from receiving

21 such services;

22 ‘‘(iii) consideration of the report con23 ducted pursuant to section 124(e);

24 ‘‘(iv) consideration of the data col25 lected by the State educational agency
37

•S 1284 RS

1 under section 618 of the Individuals with

2 Disabilities Education Act;

3 ‘‘(v) an analysis of services, assistive

4 technology, or knowledge that may be un5 available to assist individuals with devel6 opmental disabilities;

7 ‘‘(vi) an analysis of existing and pro8 jected fiscal resources;

9 ‘‘(vii) an analysis of any other issues

10 identified by the State Developmental Dis11 abilities Council; and

12 ‘‘(viii) the formulation of objectives in

13 systemic change, capacity building, and ad14 vocacy to address the issues described in

15 clauses (i) through (v) for all subpopula16 tions of individuals with developmental dis17 abilities that may be identified by the

18 State Developmental Disabilities Council.

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

20 ‘‘(A) specify employment, and at the dis21 cretion of the State, any or all of the three

22 other Federal priority areas and an optional

23 State priority area that are selected by the

24 State Developmental Disabilities Council for

25 such Council’s major systemic change, capacity
38

•S 1284 RS

1 building, and advocacy activities to be ad2 dressed during the plan period and describe the

3 extent and scope of the Federal and State pri4 ority areas that will be addressed under the

5 plan in the fiscal year;

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

7 year objectives to be achieved and include a list8 ing of the programs, activities, and resources by

9 which the State Developmental Disabilities

10 Council will implement its systemic change, ca11 pacity building, and advocacy agenda in se12 lected priority areas, and set forth the non-Fed13 eral share required to carry out each objective;

14 and

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

16 evaluation of the plan’s effectiveness in meeting

17 the objectives described in subparagraph (B).

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

19 be supported by the assurances described in sub20 paragraphs (A) through (N), which are satisfactory

21 to the Secretary.

22 ‘‘(A) USE OF FUNDS.—With respect to the

23 funds paid to the State under section 125, the

24 plan shall provide assurances that—
39

•S 1284 RS

1 ‘‘(i) such funds will be used to make

2 a significant contribution toward enhanc3 ing the independence, productivity, and in4 tegration and inclusion into the community

5 of individuals with developmental disabil6 ities in various political subdivisions of the

7 State;

8 ‘‘(ii) such funds will be used to sup9 plement and to increase the level of funds

10 that would otherwise be made available for

11 the purposes for which Federal funds are

12 provided and not to supplant non-Federal

13 funds;

14 ‘‘(iii) such funds will be used to com15 plement and augment rather than dupli16 cate or replace services for individuals with

17 developmental disabilities and their fami18 lies who are eligible for Federal assistance

19 under other State programs;

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

21 available by the State to public or private

22 entities;

23 ‘‘(v) not more than 25 percent of such

24 funds will be allocated to the agency des25 ignated under section 124(d) for service
40

•S 1284 RS

1 demonstration by such agency and that

2 such funds and demonstration services

3 have been explicitly authorized by the

4 State Developmental Disabilities Council;

5 ‘‘(vi) not less than 65 percent of the

6 amount available to the State under sec7 tion 125 shall be expended for activities in

8 the Federal priority area of employment

9 activities, and, at the discretion of the

10 State, activities in any or all of the three

11 other Federal priority areas and an op12 tional State priority area; and

13 ‘‘(vii) the remainder of the amount

14 available to the State from allotments

15 under section 125 (after making expendi16 tures required by clause (vi)) shall be used

17 for the planning, coordination, administra18 tion, and implementation of priority area

19 activities, and other activities relating to

20 systemic change, capacity building, and ad21 vocacy to implement the responsibilities of

22 the State Developmental Disabilities Coun23 cil pursuant to section 124(c).

24 ‘‘(B) STATE FINANCIAL PARTICIPATION.—

25 The plan shall provide assurances that there
41

•S 1284 RS

1 will be reasonable State financial participation

2 in the cost of carrying out the State plan.

3 ‘‘(C) CONFLICT OF INTEREST.—The plan

4 shall provide assurances that the State Devel5 opmental Disabilities Council has approved con6 flict of interest policies as of October 1, 1994,

7 to ensure that no member of such Council shall

8 cast a vote on any matter that would provide

9 direct financial benefit to the member or other10 wise give the appearance of a conflict of inter11 est.

12 ‘‘(D) URBAN AND RURAL POVERTY

13 AREAS.—The plan shall provide assurances that

14 special financial and technical assistance shall

15 be given to organizations that provide services,

16 supports, and other assistance to individuals

17 with developmental disabilities who live in areas

18 designated as urban or rural poverty areas.

19 ‘‘(E) PROGRAM STANDARDS.—The plan

20 shall provide assurances that programs,

21 projects, and activities assisted under the plan,

22 and the buildings in which such programs,

23 projects, and activities are operated, will meet

24 standards prescribed by the Secretary in regula-
42

•S 1284 RS

1 tion and all applicable Federal and State acces2 sibility standards.

3 ‘‘(F) INDIVIDUALIZED SERVICES.—The

4 plan shall provide assurances that any direct

5 services provided to individuals with devel6 opmental disabilities and funded under this

7 plan will be provided in an individualized man8 ner, consistent with unique strengths, resources,

9 priorities, concerns, abilities and capabilities of

10 an individual.

11 ‘‘(G) HUMAN RIGHTS.—The plan shall pro12 vide assurances that the human rights of all in13 dividuals with developmental disabilities (espe14 cially those individuals without familial protec15 tion) who are receiving services under programs

16 assisted under this part will be protected con17 sistent with section 110 (relating to rights of

18 individuals with developmental disabilities).

19 ‘‘(H) MINORITY PARTICIPATION.—The

20 plan shall provide assurances that the State has

21 taken affirmative steps to assure that participa22 tion in programs under this part is geographi23 cally representative of the State, and reflects

24 the diversity of the State with respect to race

25 and ethnicity.
43

•S 1284 RS

1 ‘‘(I) INTERMEDIATE CARE FACILITY FOR

2 THE MENTALLY RETARDED SURVEY RE3 PORTS.—The plan shall provide assurances that

4 the State will provide the State Developmental

5 Disabilities Council with a copy of each annual

6 survey report and plan of corrections for cited

7 deficiencies prepared pursuant to section

8 1902(a)(31) of the Social Security Act with re9 spect to any intermediate care facility for the

10 mentally retarded in such State not less than

11 30 days after the completion of each such re12 port or plan.

13 ‘‘(J) VOLUNTEERS.—The plan shall pro14 vide assurances that the maximum utilization of

15 all available community resources including vol16 unteers serving under the Domestic Volunteer

17 Service Act of 1973 and other appropriate vol18 untary organizations will be provided for, except

19 that such volunteer services shall supplement,

20 and shall not be in lieu of, services of paid

21 employees.

22 ‘‘(K) EMPLOYEE PROTECTIONS.—The plan

23 shall provide assurances that fair and equitable

24 arrangements (as determined by the Secretary

25 after consultation with the Secretary of Labor)
44

•S 1284 RS

1 will be provided to protect the interests of em2 ployees affected by actions under the plan to

3 provide community living activities, including

4 arrangements designed to preserve employee

5 rights and benefits and to provide training and

6 retraining of such employees where necessary

7 and arrangements under which maximum ef8 forts will be made to guarantee the employment

9 of such employees.

10 ‘‘(L) STAFF ASSIGNMENTS.—The plan

11 shall provide assurances that the staff and

12 other personnel of the State Developmental Dis13 abilities Council, while working for the Council,

14 are responsible solely for assisting the Council

15 in carrying out its duties under this part and

16 are not assigned duties by the designated State

17 agency or any other agency or office of the

18 State.

19 ‘‘(M) NONINTERFERENCE.—The plan shall

20 provide assurances that the designated State

21 agency or other office of the State will not

22 interfere with systemic change, capacity build23 ing, and advocacy activities, budget, personnel,

24 State plan development, or plan implementation

25 of the State Developmental Disabilities Council.
45

•S 1284 RS

1 ‘‘(N) OTHER ASSURANCES.—The plan

2 shall contain such additional information and

3 assurances as the Secretary may find necessary

4 to carry out the provisions and purposes of this

5 part.

6 ‘‘(d) PUBLIC REVIEW, SUBMISSION, AND AP7 PROVAL.—

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

9 available for public review and comment with appro10 priate and sufficient notice in accessible formats and

11 take into account and respond to significant sugges12 tions, as prescribed by the Secretary in regulation.

13 ‘‘(2) CONSULTATION WITH THE DESIGNATED

14 STATE AGENCY.—Before the plan is submitted to

15 the Secretary, the State Developmental Disabilities

16 Council shall consult with the designated State agen17 cy to ensure that the State plan is consistent with

18 State law and to obtain appropriate State plan

19 assurances.

20 ‘‘(3) PLAN APPROVAL.—The Secretary shall ap21 prove any State plan and annual updates of such

22 plan that comply with the provisions of subsections

23 (a), (b), and (c). The Secretary may not finally dis24 approve a State plan except after providing reason-
46

•S 1284 RS

1 able notice and an opportunity for a hearing to the

2 State.’’.

3 SEC. 204. HABILITATION PLANS.

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

5 SEC. 205. COUNCILS.

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

7 follows:

8 ‘‘SEC. 124. STATE DEVELOPMENTAL DISABILITIES COUN9 CILS AND DESIGNATED STATE AGENCIES.

10 ‘‘(a) IN GENERAL.—Each State that receives assist11 ance under this part shall establish and maintain a State

12 Developmental Disabilities Council (hereafter in this sec13 tion referred to as the ‘Council’) to conduct systemic

14 change, capacity building, and advocacy activities on be15 half of all individuals with developmental disabilities. The

16 Council shall have the authority to fulfill its responsibil17 ities described in subsection (c).

18 ‘‘(b) COUNCIL MEMBERSHIP.—

19 ‘‘(1) COUNCIL APPOINTMENTS.—The members

20 of the Council of a State shall be appointed by the

21 Governor of the State from among the residents of

22 that State. The Governor shall select members of the

23 Council, at his or her discretion, after soliciting rec24 ommendations from organizations representing a

25 broad range of individuals with developmental dis-
47

•S 1284 RS

1 abilities and individuals interested in individuals

2 with developmental disabilities, including the non3 State agency members of the Council. The Council

4 shall coordinate Council and public input to the Gov5 ernor regarding all recommendations. To the extent

6 feasible, the membership of the Council shall be geo7 graphically representative of the State and reflect

8 the diversity of the State with respect to race and

9 ethnicity.

10 ‘‘(2) MEMBERSHIP ROTATION.—The Governor

11 shall make appropriate provisions to rotate the mem12 bership of the Council. Such provisions shall allow

13 members to continue to serve on the Council until

14 such members’ successors are appointed. The Coun15 cil shall notify the Governor and the Secretary, and

16 the Secretary shall contact the Governor regarding

17 membership requirements, when vacancies remain

18 unfilled for a significant period of time.

19 ‘‘(3) REPRESENTATION OF AGENCIES AND OR20 GANIZATIONS.—Each Council shall at all times in21 clude representatives of the principal State agencies

22 (including the State agencies that administer funds

23 provided under the Rehabilitation Act of 1973, the

24 Individuals with Disabilities Education Act, the

25 Older Americans Act, and title XIX of the Social Se-
48

•S 1284 RS

1 curity Act), institutions of higher education, each

2 university affiliated program in the State established

3 under part D, the State protection and advocacy

4 system established under part C, and local agencies,

5 nongovernmental agencies, and private nonprofit

6 groups concerned with services for individuals with

7 developmental disabilities in the State in which such

8 agencies and groups are located. Such representa9 tives shall—

10 ‘‘(A) have sufficient authority to engage in

11 policy planning and implementation on behalf of

12 the department, agency, or program such rep13 resentatives represent; and

14 ‘‘(B) recuse themselves from any discus15 sion of grants or contracts for which such rep16 resentatives’ departments, agencies, or pro17 grams are grantees or applicants and comply

18 with the conflict of interest policies required

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

20 ‘‘(4) REPRESENTATION OF INDIVIDUALS WITH

21 DEVELOPMENTAL DISABILITIES.—Not less than 50

22 percent of the membership of each Council shall con23 sist of individuals who are—

24 ‘‘(A)(i) individuals with developmental dis25 abilities;
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•S 1284 RS

1 ‘‘(ii) parents or guardians of children with

2 developmental disabilities; or

3 ‘‘(iii) immediate relatives or guardians of

4 adults with mentally impairing developmental

5 disabilities who cannot advocate for themselves;

6 and

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

8 receives funds or provides services under this

9 part, and who are not managing employees (as

10 defined in section 1126(b) of the Social Secu11 rity Act) of any other entity that receives funds

12 or provides services under this part.

13 ‘‘(5) COMPOSITION OF MEMBERSHIP WITH DE14 VELOPMENTAL DISABILITIES.—Of the members of

15 the Council described in paragraph (4)—

16 ‘‘(A) one-third shall be individuals with de17 velopmental disabilities as described in para18 graph (4)(A)(i);

19 ‘‘(B) one-third shall be parents of children

20 with developmental disabilities as described in

21 paragraph (4)(A)(ii), or immediate relatives or

22 guardians of adults with mentally impairing de23 velopmental disabilities as described in para24 graph (4)(A)(iii); and
50

•S 1284 RS

1 ‘‘(C) one-third shall be a combination of

2 individuals described in paragraph (4)(A).

3 ‘‘(6) INSTITUTIONALIZED INDIVIDUALS.—Of

4 the members of the Council described in paragraph

5 (5), at least one shall be an immediate relative or

6 guardian of an institutionalized or previously institu7 tionalized individual with a developmental disability

8 or an individual with a developmental disability who

9 resides or previously resided in an institution. This

10 paragraph shall not apply with respect to a State if

11 such an individual does not reside in that State.

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

13 through Council members, staff, consultants, contractors,

14 or subgrantees, shall have the responsibilities described in

15 paragraphs (1) through (11).

16 ‘‘(1) SYSTEMIC CHANGE, CAPACITY BUILDING,

17 AND ADVOCACY.—The Council shall serve as an ad18 vocate for individuals with developmental disabilities

19 and conduct programs, projects, and activities that

20 carry out the purpose under section 121.

21 ‘‘(2) EXAMINATION OF PRIORITY AREAS.—Not

22 less than once every 3 years, the Council shall exam23 ine the provision of and need for the four Federal

24 priority areas and an optional State priority area to

25 address, on a statewide and comprehensive basis, ur-
51

•S 1284 RS

1 gent needs for services, supports, and other assist2 ance for individuals with developmental disabilities

3 and their families, pursuant to section 122.

4 ‘‘(3) STATE PLAN DEVELOPMENT.—The Coun5 cil shall develop and submit to the Secretary the

6 State plan required under section 122 after con7 sultation with the designated State agency under the

8 State plan. Such consultation shall be solely for the

9 purposes of obtaining State assurances and ensuring

10 consistency of the plan with State law.

11 ‘‘(4) STATE PLAN IMPLEMENTATION.—The

12 Council shall implement the State plan by conduct13 ing and supporting the Federal priority area of em14 ployment, not less than one of the remaining three

15 Federal priority areas, and an optional State priority

16 area as defined in section 102, through systemic

17 change, capacity building, and advocacy activities

18 such as those described in subparagraphs (A)

19 through (K).

20 ‘‘(A) DEMONSTRATION OF NEW AP21 PROACHES.—The Council may conduct, on a

22 time-limited basis, the demonstration of new

23 approaches to enhance the independence, pro24 ductivity, and integration and inclusion into the

25 community of individuals with developmental
52

•S 1284 RS

1 disabilities. This may include making successful

2 demonstrations generally available through

3 sources of funding other than funding under

4 this part, and may also include assisting those

5 conducting such successful demonstration ac6 tivities to develop strategies for securing fund7 ing from other sources.

8 ‘‘(B) OUTREACH.—The Council may con9 duct activities to reach out to assist and enable

10 individuals with developmental disabilities and

11 their families who otherwise might not come to

12 the attention of the Council to obtain services,

13 supports, and other assistance, including access

14 to special adaptation of generic services or spe15 cialized services.

16 ‘‘(C) TRAINING.—The Council may con17 duct training for individuals with developmental

18 disabilities, their families, and personnel (in19 cluding professionals, paraprofessionals, stu20 dents, volunteers, and other community mem21 bers) to enable such individuals to obtain access

22 to, or to provide, services, supports and other

23 assistance, including special adaptation of ge24 neric services or specialized services for individ25 uals with developmental disabilities and their
53

•S 1284 RS

1 families. To the extent that training activities

2 are provided, such activities shall be designed to

3 promote the empowerment of individuals with

4 developmental disabilities and their families.

5 ‘‘(D) SUPPORTING COMMUNITIES.—The

6 Council may assist neighborhoods and commu7 nities to respond positively to individuals with

8 developmental disabilities and their families by

9 encouraging local networks to provide informal

10 and formal supports and enabling communities

11 to offer such individuals and their families ac12 cess, resources, and opportunities.

13 ‘‘(E) INTERAGENCY COLLABORATION AND

14 COORDINATION.—The Council may promote

15 interagency collaboration and coordination to

16 better serve, support, assist, or advocate for in17 dividuals with developmental disabilities and

18 their families.

19 ‘‘(F) COORDINATION WITH RELATED

20 COUNCILS, COMMITTEES, AND PROGRAMS.—The

21 Council may conduct activities to enhance co22 ordination with—

23 ‘‘(i) other councils or committees, au24 thorized by Federal or State statute, con25 cerning such individuals with disabilities
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1 (such as the State Interagency Coordinat2 ing Council under part H of the Individ3 uals with Disabilities Education Act, the

4 State Rehabilitation Advisory Council and

5 the Statewide Independent Living Council

6 under the Rehabilitation Act of 1973, the

7 State Mental Health Planning Council

8 under part B of title XIX of the Public

9 Health Service Act and other similar coun10 cils or committees);

11 ‘‘(ii) parent training and information

12 centers under part D of the Individuals

13 with Disabilities Education Act and other

14 federally funded projects that assist par15 ents of children with disabilities; and

16 ‘‘(iii) other groups interested in sys17 temic change, capacity building, and advo18 cacy for individuals with disabilities.

19 ‘‘(G) BARRIER ELIMINATION, SYSTEMS DE20 SIGN, AND CITIZEN PARTICIPATION.—The

21 Council may conduct activities to eliminate bar22 riers, enhance systems design and redesign, and

23 enhance citizen participation to address issues

24 identified in the State plan.
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1 ‘‘(H) PUBLIC EDUCATION AND COALITION

2 DEVELOPMENT.—The Council may conduct ac3 tivities to educate the public about the capabili4 ties, preferences, and needs of individuals with

5 developmental disabilities and their families and

6 to develop and support coalitions that support

7 the policy agenda of the Council, including

8 training in self-advocacy, educating policy9 makers, and citizen leadership skills.

10 ‘‘(I) INFORMING POLICYMAKERS.—The

11 Council may provide information to Federal,

12 State, and local policymakers, including the

13 Congress, the Federal executive branch, the

14 Governor, State legislature, and State agencies,

15 in order to increase the ability of such policy16 makers to offer opportunities and to enhance or

17 adapt generic services or provide specialized

18 services to individuals with developmental dis19 abilities and their families by conducting stud20 ies and analyses, gathering information, and de21 veloping and disseminating model policies and

22 procedures, information, approaches, strategies,

23 findings, conclusions, and recommendations.
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1 ‘‘(J) PREVENTION.—The Council may con2 duct prevention activities as defined in section

3 102.

4 ‘‘(K) OTHER ACTIVITIES.—The Council

5 may conduct other systemic change, capacity

6 building, and advocacy activities to expand and

7 enhance the independence, productivity, and in8 tegration and inclusion into the community of

9 individuals with developmental disabilities

10 throughout the State on a comprehensive basis.

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

12 once each year, the Council shall monitor, review,

13 and evaluate the implementation and effectiveness of

14 the State plan in meeting such plan’s objectives.

15 ‘‘(6) REVIEW OF DESIGNATED STATE AGEN16 CY.—The Council shall periodically review the appro17 priateness of the designated State agency and make

18 any recommendations for change to the Governor.

19 ‘‘(7) REPORTS.—The Council shall submit to

20 the Secretary, through the Governor, periodic re21 ports on its activities as the Secretary may reason22 ably request, and keep such records and afford such

23 access thereto as the Secretary finds necessary to

24 verify such reports.
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1 ‘‘(8) BUDGET.—Each Council shall prepare, ap2 prove, and implement a budget using amounts paid

3 to the State under this part to fund and implement

4 all programs, projects, and activities under this part

5 including—

6 ‘‘(A) conducting such hearings and forums

7 as the Council may determine to be necessary

8 to carry out the duties of the Council, reimburs9 ing Council members of the Council for reason10 able and necessary expenses for attending

11 Council meetings and performing Council duties

12 (including child care and personal assistance

13 services), paying compensation to a member of

14 the Council, if such member is not employed or

15 must forfeit wages from other employment, for

16 each day such member is engaged in performing

17 the duties of the Council, supporting Council

18 member and staff travel to authorized training

19 and technical assistance activities including in20 service training and leadership development,

21 and appropriate subcontracting activities;

22 ‘‘(B) hiring and maintaining sufficient

23 numbers and types of staff (qualified by train24 ing and experience) and obtaining the services

25 of such professional, consulting, technical, and
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•S 1284 RS

1 clerical personnel (qualified by training and ex2 perience), consistent with State law, as the

3 Council determines to be necessary to carry out

4 its functions under this part, except that such

5 State shall not apply hiring freezes, reductions

6 in force, prohibitions on staff travel, or other

7 policies that negatively affect the provision of

8 staff support of the Council; and

9 ‘‘(C) directing the expenditure of funds for

10 grants, contracts, interagency agreements that

11 are binding contracts, and other activities au12 thorized by the approved State plan.

13 ‘‘(9) STAFF HIRING AND SUPERVISION.—A

14 Council shall, consistent with State law, recruit and

15 hire a Director of the Council, should the position of

16 Director become vacant, and supervise and annually

17 evaluate the Director. The Director shall hire, super18 vise, and annually evaluate the staff of the Council.

19 Council recruitment and hiring of staff shall be con20 sistent with Federal and State nondiscrimination

21 laws. Dismissal of personnel shall be for cause only,

22 based on documented performance evaluations and

23 consistent with State law and personnel policies.

24 Council directors and staff who are exempt from
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•S 1284 RS

1 State personnel policies may be dismissed based only

2 on documented performance criteria.

3 ‘‘(10) STAFF ASSIGNMENTS.—The staff and

4 other personnel, while working for the Council, shall

5 be responsible solely for assisting the Council in car6 rying out its duties under this part and shall not be

7 assigned duties by the designated State agency or

8 any other agency or office of the State.

9 ‘‘(11) CONSTRUCTION.—Nothing in this part

10 shall be construed to preclude a Council from engag11 ing in systemic change, capacity building, and advo12 cacy activities for individuals with disabilities other

13 than developmental disabilities, where appropriate.

14 ‘‘(d) DESIGNATED STATE AGENCY.—

15 ‘‘(1) IN GENERAL.—Each State that receives

16 assistance under this part shall designate the State

17 agency that shall, on behalf of the State, provide

18 support to the Council. After the date of enactment

19 of the Developmental Disabilities Assistance and Bill

20 of Rights Act Amendments of 1993, any designation

21 of a State agency shall be made in accordance with

22 the requirements of this subsection.

23 ‘‘(2) DESIGNATION.—
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1 ‘‘(A) TYPE OF AGENCY.—Except as pro2 vided in this subsection, the designated State

3 agency shall be—

4 ‘‘(i) the Council if such Council may

5 be the designated State agency under the

6 laws of the State;

7 ‘‘(ii) a State agency that does not pro8 vide or pay for services made available to

9 individuals with developmental disabilities;

10 or

11 ‘‘(iii) a State office, including the im12 mediate office of the Governor of the State

13 or a State planning office.

14 ‘‘(B) CONDITIONS FOR CONTINUATION OF

15 STATE SERVICE AGENCY DESIGNATION.—

16 ‘‘(i) DESIGNATION BEFORE ENACT17 MENT.—If a State agency that provides or

18 pays for services for individuals with devel19 opmental disabilities was a designated

20 State agency for purposes of this part on

21 the date of enactment of the Developmen22 tal Disabilities Assistance and Bill of

23 Rights Act Amendments of 1993, and the

24 Governor of the State (or legislature,

25 where appropriate and in accordance with
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1 State law) determines prior to June 30,

2 1994, not to change the designation of

3 such agency, such agency may continue to

4 be a designated State agency for purposes

5 of this part.

6 ‘‘(ii) CRITERIA FOR CONTINUED DES7 IGNATION.—The determination at the dis8 cretion of the Governor (or legislature as

9 the case may be) shall consider the com10 ments and recommendations of the general

11 public and a majority of the non-State

12 agency members of the Council with re13 spect to the designation of such State

14 agency, and after the Governor (or legisla15 ture as the case may be) has made an

16 independent assessment that the designa17 tion of such agency shall not interfere with

18 the budget, personnel, priorities, or other

19 action of the Council, and the ability of the

20 Council to serve as an advocate for individ21 uals with developmental disabilities.

22 ‘‘(C) REVIEW OF DESIGNATION.—After

23 October 1, 1993, the Council may request a re24 view of the designation of the designated State

25 agency by the Governor (or legislature as the
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1 case may be). The Council shall provide docu2 mentation concerning the reason the Council

3 desires a change to be made and make a rec4 ommendation to the Governor (or legislature as

5 the case may be) regarding a preferred des6 ignated State agency.

7 ‘‘(D) APPEAL OF DESIGNATION.—After the

8 review is completed under subparagraph (C), a

9 majority of the non-State agency members of

10 the Council may appeal to the Secretary for a

11 review of the designation of the designated

12 State agency if Council independence as an ad13 vocate is not assured because of the actions or

14 inactions of the designated State agency.

15 ‘‘(3) RESPONSIBILITIES.—The designated State

16 agency shall, on behalf of the State, have the respon17 sibilities described in subparagraphs (A) through

18 (F).

19 ‘‘(A) SUPPORT SERVICES.—The designated

20 State agency shall provide required assurances

21 and support services as requested by and nego22 tiated with the Council.

23 ‘‘(B) FISCAL RESPONSIBILITIES.—The

24 designated State agency shall—
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1 ‘‘(i) receive, account for, and disperse

2 funds under this part based on the State

3 plan required in section 122; and

4 ‘‘(ii) provide for such fiscal control

5 and fund accounting procedures as may be

6 necessary to assure the proper disperse7 ment of, and accounting for, funds paid to

8 the State under this part.

9 ‘‘(C) RECORDS, ACCESS, AND FINANCIAL

10 REPORTS.—The designated State agency shall

11 keep such records and afford access thereto as

12 the Secretary and the Council determine nec13 essary. The designated State agency, if other

14 than the Council, shall provide timely financial

15 reports at the request of the Council regarding

16 the status of expenditures, obligations, liquida17 tion, and the Federal and non-Federal share.

18 ‘‘(D) NON-FEDERAL SHARE.—The des19 ignated State agency, if other than the Council,

20 shall provide the required non-Federal share de21 fined in section 125A(c).

22 ‘‘(E) ASSURANCES.—The designated State

23 agency shall assist the Council in obtaining the

24 appropriate State plan assurances and in ensur25 ing that the plan is consistent with State law.
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1 ‘‘(F) MEMORANDUM OF UNDERSTAND2 ING.—On the request of the Council, the des3 ignated State agency shall enter into a memo4 randum of understanding with the Council de5 lineating the roles and responsibilities of the

6 designated State agency.

7 ‘‘(4) USE OF FUNDS FOR DESIGNATED STATE

8 AGENCY RESPONSIBILITIES.—

9 ‘‘(A) NECESSARY EXPENDITURES OF

10 STATE DESIGNATED AGENCY.—At the request

11 of any State, a portion of any allotment or al12 lotments of such State under this part for any

13 fiscal year shall be available to pay up to one14 half (or the entire amount if the Council is the

15 designated State agency) of the expenditures

16 found necessary by the Secretary for the proper

17 and efficient exercise of the functions of the

18 State designated agency, except that not more

19 than 5 percent of the total of the allotments of

20 such State for any fiscal year, or $50,000,

21 whichever is less, shall be made available for

22 the total expenditure for such purpose by the

23 State agency designated under this subsection.

24 ‘‘(B) CONDITION FOR FEDERAL FUND25 ING.—Amounts shall be provided under sub-
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•S 1284 RS

1 paragraph (A) to a State for a fiscal year only

2 on condition that there shall be expended from

3 State sources for carrying out the responsibil4 ities of the designated State agency under para5 graph (3) not less than the total amount ex6 pended for carrying out such responsibilities

7 from such sources during the previous fiscal

8 year, except in such year as the Council may

9 become the designated State agency.

10 ‘‘(C) SUPPORT SERVICES PROVIDED BY

11 OTHER AGENCIES.—With the agreement of the

12 designated State agency, the Council may use

13 or contract with agencies other than the des14 ignated State agency to perform the functions

15 of the designated State agency.

16 ‘‘(e) 1990 REPORT.—Not later than January 1,

17 1990, each Council shall complete the reviews, analyses,

18 and final report described in this section.

19 ‘‘(1) COMPREHENSIVE REVIEW AND ANALY20 SIS.—Each Council shall conduct a comprehensive

21 review and analysis of the eligibility for services pro22 vided, and the extent, scope, and effectiveness of,

23 services provided and functions performed by, all

24 State agencies (including agencies that provide pub25 lic assistance) that affect or that potentially affect
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1 the ability of individuals with developmental disabil2 ities to achieve the goals of independence, productiv3 ity, and integration and inclusion into the commu4 nity, including individuals with developmental dis5 abilities attributable to physical impairment, mental

6 impairment, or a combination of physical and mental

7 impairments.

8 ‘‘(2) CONSUMER SATISFACTION.—Each Council

9 shall conduct a review and analysis of the effective10 ness of, and consumer satisfaction with, the func11 tions performed by, and services provided or paid for

12 from Federal and State funds by, each of the State

13 agencies (including agencies that provide public as14 sistance) responsible for performing functions for,

15 and providing services to, all individuals with devel16 opmental disabilities in the State. Such review and

17 analysis shall be based upon a survey of a represent18 ative sample of individuals with developmental dis19 abilities receiving services from each such agency,

20 and if appropriate, shall include such individual’s

21 families.

22 ‘‘(3) PUBLIC REVIEW AND COMMENT.—Each

23 Council shall convene public forums, after the provi24 sion of notice within the State, in order to—
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1 ‘‘(A) present the findings of the reviews

2 and analyses prepared under paragraphs (1)

3 and (2);

4 ‘‘(B) obtain comments from all interested

5 individuals in the State regarding the unserved

6 and underserved populations of individuals with

7 developmental disabilities that result from phys8 ical impairment, mental impairment, or a com9 bination of physical and mental impairments;

10 and

11 ‘‘(C) obtain comments on any proposed

12 recommendations concerning the removal of

13 barriers to services for individuals with devel14 opmental disabilities and to connect such serv15 ices to existing State agencies by recommending

16 the designation of one or more State agencies,

17 as appropriate, to be responsible for the provi18 sion and coordination of such services.

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

20 shall utilize the information developed pursuant to

21 paragraphs (1), (2), and (3) in developing the State

22 plan.’’.

23 SEC. 206. STATE ALLOTMENTS.

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

25 6025) is amended—
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1 (1) by striking ‘‘SEC. 125.’’; and

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

3 ALLOTMENTS’’ and inserting the following:

4 ‘‘SEC. 125. STATE ALLOTMENTS.’’.

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

6 amended—

7 (1) in subsection (a)—

8 (A) in paragraph (1)—

9 (i) by realigning the margins of sub10 paragraphs (A), (B), and (C) so as to align

11 with the margin of subparagraph (A) of

12 paragraph (4); and

13 (ii) by realigning the margin of the

14 matter following subparagraph (C) so as to

15 align with the margin of paragraph (3);

16 (B) by striking ‘‘(a)(1) For’’ and inserting

17 the following:

18 ‘‘(a) ALLOTMENTS.—

19 ‘‘(1) IN GENERAL.—For’’;

20 (C) in paragraph (2)—

21 (i) by striking ‘‘(2) Adjustments’’ and

22 inserting the following:

23 ‘‘(2) ADJUSTMENTS.—Adjustments’’;

24 (ii) by striking ‘‘may be’’ and insert25 ing ‘‘shall be’’; and
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1 (iii) by striking ‘‘not less’’ and insert2 ing ‘‘and the percentage of the total appro3 priation for each State not less’’;

4 (D) in paragraph (3)—

5 (i) by striking ‘‘(3)(A) Except’’ and

6 all that follows through ‘‘September 30,

7 1990.’’ and inserting the following:

8 ‘‘(3) MINIMUM ALLOTMENT.—

9 ‘‘(A) IN GENERAL.—Except as provided in

10 paragraph (4), for any fiscal year the allotment

11 under this section—

12 ‘‘(i) to each of American Samoa,

13 Guam, the United States Virgin Islands,

14 the Commonwealth of the Northern Mari15 ana Islands, or the Republic of Palau

16 (until the Compact of Free Association

17 with Palau takes effect) may not be less

18 than the greater of—

19 ‘‘(I) $210,000; or

20 ‘‘(II) the greater of the allotment

21 received by such State for fiscal year

22 1992, or the allotment received by

23 such State for fiscal year 1993, under

24 this section (determined without re25 gard to subsection (d)); and
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1 ‘‘(ii) to any State not described in

2 clause (i), may not be less than the greater

3 of—

4 ‘‘(I) $400,000; or

5 ‘‘(II) the greater of the allotment

6 received by such State for fiscal year

7 1992, or the allotment received by

8 such State for fiscal year 1993, under

9 this section (determined without re10 gard to subsection (d)).’’; and

11 (ii) by striking ‘‘(B) Notwithstanding’’

12 and inserting the following:

13 ‘‘(B) REDUCTION OF ALLOTMENT.—Not14 withstanding’’;

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

16 ‘‘(4) MAXIMUM ALLOTMENT.—

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

18 amounts appropriated under section 130 for a

19 fiscal year exceeds $75,000,000, the allotment

20 under this section for such fiscal year—

21 ‘‘(i) to each of American Samoa,

22 Guam, the United States Virgin Islands,

23 the Commonwealth of the Northern Mari24 ana Islands or the Republic of Palau (until

25 the Compact of Free Association with
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1 Palau takes effect) may not be less than

2 the greater of—

3 ‘‘(I) $220,000; or

4 ‘‘(II) the greater of the allotment

5 received by such State for fiscal year

6 1992, or the allotment received by

7 such State for fiscal year 1993, under

8 this section (determined without re9 gard to subsection (d)); and

10 ‘‘(ii) to any State not described in

11 clause (i) may not be less than the greater

12 of—

13 ‘‘(I) $450,000; or

14 ‘‘(II) the greater of the allotment

15 received by such State for fiscal year

16 1992, or the allotment received by

17 such State for fiscal year 1993, under

18 this section (determined without re19 gard to subsection (d)).

20 ‘‘(B) REDUCTION OF ALLOTMENT.—The

21 requirements of paragraph (3)(B) shall apply

22 with respect to amounts to be allotted to States

23 under subparagraph (A), in the same manner

24 and to the same extent as such requirements
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1 apply with respect to amounts to be allotted to

2 States under paragraph (3)(A).’’;

3 (F) in paragraph (5)—

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

5 inserting ‘‘STATE SUPPORTS, SERVICES,

6 AND OTHER ACTIVITIES.—In determining’’;

7 and

8 (ii) by striking, ‘‘section

9 122(b)(2)(C)’’ and inserting ‘‘section

10 122(c)(3)(A)’’; and

11 (G) in paragraph (6), by striking ‘‘In any

12 case’’ and inserting ‘‘INCREASE IN ALLOT13 MENTS.—In any case’’;

14 (2) in subsection (b), by striking ‘‘Any amount’’

15 and inserting ‘‘UNOBLIGATED FUNDS.—Any

16 amount’’;

17 (3) in subsection (c), by striking ‘‘Whenever’’

18 and inserting ‘‘COOPERATIVE EFFORTS BETWEEN

19 STATES.—Whenever’’; and

20 (4) in subsection (d), by striking ‘‘The amount’’

21 and inserting ‘‘REALLOTMENTS.—The amount’’.

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

23 Part B of title I of the Act is amended by inserting

24 after section 125 (42 U.S.C. 6025) the following new

25 section:
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1 ‘‘SEC. 125A. FEDERAL AND NON-FEDERAL SHARE.

2 ‘‘(a) AGGREGATE COSTS.—The Federal share of all

3 projects in a State supported by an allotment to the State

4 under this part may not exceed 75 percent of the aggre5 gate necessary costs of all such projects as determined by

6 the Secretary, except that—

7 ‘‘(1) in the case of projects whose activities or

8 products target individuals with developmental dis9 abilities who live in urban or rural poverty areas, the

10 Federal share of all such projects may not exceed 90

11 percent of the aggregate necessary costs of such

12 projects or activities, as determined by the Sec13 retary; and

14 ‘‘(2) in the case of projects or activities under15 taken by the Council or Council staff to implement

16 State plan priority activities, the Federal share of all

17 such activities may be up to 100 percent of the ag18 gregate necessary costs of such activities.

19 ‘‘(b) NONDUPLICATION.—In determining the amount

20 of any State’s Federal share of the expenditures incurred

21 by such State under a State plan approved under section

22 122, the Secretary shall not consider—

23 ‘‘(1) any portion of such expenditures that are

24 financed by Federal funds provided under any provi25 sion of law other than section 125; and
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1 ‘‘(2) the amount of any non-Federal funds re2 quired to be expended as a condition of receipt of

3 such Federal funds.

4 ‘‘(c) NON-FEDERAL SHARE.—

5 ‘‘(1) IN KIND CONTRIBUTIONS.—The non-Fed6 eral share of the cost of any project assisted by a

7 grant or an allotment under this part may be pro8 vided in kind.

9 ‘‘(2) CONTRIBUTIONS OF POLITICAL SUBDIVI10 SIONS, PUBLIC, OR PRIVATE ENTITIES.—

11 ‘‘(A) IN GENERAL.—Expenditures on

12 projects or activities by a political subdivision of

13 a State or by a public or private entity shall,

14 subject to such limitations and conditions as

15 the Secretary may by regulation prescribe, be

16 considered to be expenditures by such State in

17 the case of a project under this part.

18 ‘‘(B) STATE CONTRIBUTIONS.—State con19 tributions, including contributions by the des20 ignated State agency to provide support services

21 to the Council pursuant to section 124(d)(4),

22 may be counted as part of such State’s non23 Federal share of allotments under this part.
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1 ‘‘(3) VARIATIONS OF THE NON-FEDERAL

2 SHARE.—The non-Federal share required on a

3 grant-by-grant basis may vary.’’.

4 SEC. 208. PAYMENTS TO THE STATES FOR PLANNING, AD5 MINISTRATION, AND SERVICES.

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

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

8 STATE PLAN EXPENDITURES.—’’;

9 (2) in the section heading, by striking ‘‘PAY10 MENTS TO THE STATES FOR PLANNING, ADMINIS11 TRATION AND SERVICES’’ and inserting the follow12 ing:

13 ‘‘SEC. 126. PAYMENTS TO THE STATES FOR PLANNING, AD14 MINISTRATION, AND SERVICES.’’;

15 and

16 (3) by adding at the end the following new sub17 section:

18 ‘‘(b) SUPPORT SERVICES.—Payments to States for

19 support services provided by the designated State agency

20 pursuant to section 124(d)(4) may be made in advance

21 or by way of reimbursement, and in such installments as

22 the Secretary may determine.’’.

23 SEC. 209. WITHHOLDING OF PAYMENTS FOR PLANNING, AD24 MINISTRATION, AND SERVICES.

25 Section 127 (42 U.S.C. 6027) is amended—
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1 (1) in the matter preceding paragraph (1), by

2 striking ‘‘SEC. 127.’’;

3 (2) in the section heading by striking ‘‘WITH4 HOLDING OF PAYMENTS FOR PLANNING, ADMINIS5 TRATION AND SERVICES’’ and inserting the follow6 ing:

7 ‘‘SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING,

8 ADMINISTRATION, AND SERVICES.’’;

9 and

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

11 inserting ‘‘section’’.

12 SEC. 210. NONDUPLICATION.

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

14 SEC. 211. APPEALS BY STATES.

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

16 (1) by striking ‘‘SEC. 129.’’; and

17 (2) in the section heading, by striking ‘‘AP18 PEALS BY STATES’’ and inserting the following:

19 ‘‘SEC. 129. APPEALS BY STATES.’’.

20 SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

21 Section 130 (42 U.S.C. 6030) is amended—

22 (1) by striking ‘‘fiscal year 1991’’ and inserting

23 ‘‘fiscal year 1994’’; and

24 (2) by striking ‘‘years 1992 and 1993’’ and in25 serting ‘‘years 1995 and 1996’’.
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1 SEC. 213. REVIEW, ANALYSIS, AND REPORT.

2 (a) REVIEW AND ANALYSIS.—The Secretary of

3 Health and Human Services shall review and analyze the

4 allotment formula in effect under parts B and C of title

5 I of the Developmental Disabilities Assistance and Bill of

6 Rights Act prior to the date of enactment of this Act, in7 cluding the factors described in such parts, and the data

8 elements and measures used by the Secretary, to deter9 mine whether such formula is consistent with the purpose

10 of the Act.

11 (b) ALTERNATIVE FORMULAS.—The Secretary of

12 Health and Human Services shall identify alternative for13 mulas for allocating funds, consistent with the purpose of

14 this Act.

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

16 Secretary of Health and Human Services shall submit a

17 report on the review conducted under subsection (a) and

18 a copy of the alternative formulas identified under sub19 section (b) to the Committee on Labor and Human Re20 sources of the Senate and to the Committee on Energy

21 and Commerce of the House of Representatives.
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1 TITLE III—PROTECTION AND AD2 VOCACY OF INDIVIDUAL

3 RIGHTS

4 SEC. 301. PART HEADING.

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

6 to read as follows:

7 ‘‘PART C—PROTECTION AND ADVOCACY OF

8 INDIVIDUAL RIGHTS’’.

9 SEC. 302. PURPOSE.

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

11 (1) by striking ‘‘SEC. 141.’’;

12 (2) in the section heading, by striking ‘‘PUR13 POSE’’ and inserting the following:

14 ‘‘SEC. 141. PURPOSE.’’;

15 (3) by striking ‘‘system’’ and inserting ‘‘Protec16 tion and Advocacy system (hereafter referred to in

17 this part as the ‘system’)’’; and

18 (4) by striking ‘‘persons’’ and inserting ‘‘indi19 viduals’’.

20 SEC. 303. SYSTEM REQUIRED.

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

22 6042) is amended—

23 (1) by striking ‘‘SEC. 142.’’; and

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

25 REQUIRED’’ and inserting the following:
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1 ‘‘SEC. 142. SYSTEM REQUIRED.’’.

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

3 amended—

4 (1) in subsection (a)—

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

6 ‘‘SYSTEM REQUIRED.—In order’’;

7 (B) in paragraph (1), by striking ‘‘per8 sons’’ and inserting ‘‘individuals’’;

9 (C) in paragraph (2)—

10 (i) by striking ‘‘persons’’ each place

11 such term appears and inserting ‘‘individ12 uals’’;

13 (ii) in subparagraph (A), by striking

14 ‘‘minority’’ and inserting ‘‘underserved

15 geographical areas and ethnic and racial

16 minority’’;

17 (iii) by striking subparagraph (C);

18 (iv) in subparagraph (E), by striking

19 ‘‘Planning Council’’ and inserting ‘‘Devel20 opmental Disabilities Council authorized

21 under part B’’;

22 (v) in subparagraph (F), by striking

23 ‘‘and’’ at the end thereof; and

24 (vi) in subparagraph (G)—
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1 (I) in clause (i), by striking ‘‘per2 son’’ each place such term appears

3 and inserting ‘‘individual’’;

4 (II) in the matter preceding

5 subclause (I) of clause (ii), by striking

6 ‘‘person’’ and inserting ‘‘individual’’;

7 (III) in clause (ii)(I), by striking

8 ‘‘by reason of the mental or physical

9 condition of such person’’ and insert10 ing ‘‘by reason of such individual’s

11 mental or physical condition’’;

12 (IV) in clause (ii)(III), by strik13 ing ‘‘person’’ and inserting ‘‘individ14 ual’’;

15 (V) in clause (iii), by realigning

16 the margins of subclauses (I), (II),

17 and (III) so as to align with the mar18 gins of subclauses (I), (II), and (III)

19 of clause (ii);

20 (VI) in clause (iii), by striking

21 ‘‘(iii) any’’ and inserting the following:

22 ‘‘(iii) any’’; and

23 (VII) in clause (iii)(III), by strik24 ing ‘‘person’’ and inserting ‘‘individ25 ual’’;
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1 (D) by redesignating subparagraphs (D),

2 (E), (F), and (G) as subparagraphs (E), (F),

3 (G), and (I), respectively;

4 (E) by inserting after subparagraph (B)

5 the following new subparagraphs:

6 ‘‘(C) on an annual basis, develop a state7 ment of objectives and priorities for the sys8 tem’s activities; and

9 ‘‘(D) on an annual basis, provide to the

10 public, including individuals with developmental

11 disabilities attributable to either physical im12 pairment, mental impairment, or a combination

13 of physical or mental impairments, and their

14 representatives, as appropriate, non-State agen15 cy representatives of the State Developmental

16 Disabilities Council, and the university affili17 ated program (if applicable within a State), an

18 opportunity to comment on—

19 ‘‘(i) the objectives and priorities es20 tablished by the system and the rationale

21 for the establishment of such objectives;

22 and

23 ‘‘(ii) the activities of the system, in24 cluding the coordination with the advocacy

25 programs under the Rehabilitation Act of
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1 1973, the Older Americans Act of 1965,

2 and the Protection and Advocacy for Men3 tally Ill Individuals Act of 1986, and with

4 other related programs, including the Par5 ent Training and Information Centers,

6 education ombudsman programs and

7 assistive technology projects;’’;

8 (F) by inserting after subparagraph (G),

9 as so redesignated in subparagraph (D), the fol10 lowing new subparagraph:

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

12 locations to any resident who is an individual

13 with a developmental disability in a facility that

14 is providing services, supports, and other assist15 ance to such a resident;’’;

16 (G) by adding at the end the following new

17 subparagraphs:

18 ‘‘(J) hire and maintain sufficient numbers

19 and types of staff, qualified by training and ex20 perience, to carry out such system’s function

21 except that such State shall not apply hiring

22 freezes, reductions in force, or other policies

23 that negatively affect the provision of staff sup24 port to the system, or restrict travel to training
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1 and technical assistance activities funded under

2 this Act;

3 ‘‘(K) have the authority to educate policy4 makers; and

5 ‘‘(L) provide assurances to the Secretary

6 that funds allotted to the State under this sec7 tion will be used to supplement and increase the

8 level of funds that would otherwise be made

9 available for the purposes for which Federal

10 funds are provided and not to supplant such

11 non-Federal funds;’’

12 (H) by striking paragraphs (3) and (5);

13 (I) in paragraph (4)—

14 (i) by striking ‘‘the State’’ and all

15 that follows through ‘‘provided with’’ and

16 inserting ‘‘the State must provide to the

17 system’’;

18 (ii) by striking ‘‘1902(a)(31)(B)’’ and

19 inserting ‘‘1902(a)(31)’’; and

20 (iii) by redesignating such paragraph

21 as paragraph (3); and

22 (J) by adding at the end the following new

23 paragraph:
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1 ‘‘(4) the agency implementing the system will

2 not be redesignated unless there is good cause for

3 the redesignation and unless—

4 ‘‘(A) notice has been given of the intention

5 to make such redesignation to the agency that

6 is serving as the system including the good

7 cause for such redesignation and the agency

8 has been given an opportunity to respond to the

9 assertion that good cause has been shown;

10 ‘‘(B) timely notice and opportunity for

11 public comment in an accessible format has

12 been given to individuals with developmental

13 disabilities or their representatives; and

14 ‘‘(C) the system has the opportunity to ap15 peal to the Secretary that the redesignation was

16 not for good cause.’’;

17 (2) in subsection (b)—

18 (A) by striking ‘‘(b)(1) To’’ and inserting

19 the following:

20 ‘‘(b) ALLOTMENTS.—

21 ‘‘(1) IN GENERAL.—To’’;

22 (B) in paragraph (1)—

23 (i) by realigning the margins of sub24 paragraphs (A) and (B) so as to align with
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1 subparagraphs (A) through (C) of sub2 section (a)(4);

3 (ii) in subparagraph (A), to read as

4 follows:

5 ‘‘(A) the total amount appropriated under

6 section 143 for a fiscal year is at least

7 $20,000,000—

8 ‘‘(i) the allotment of each of American

9 Samoa, Guam, the United States Virgin

10 Islands, the Commonwealth of the North11 ern Mariana Islands, and the Republic of

12 Palau (until the Compact of Free Associa13 tion with Palau takes effect) for such fiscal

14 year may not be less than the greater of—

15 ‘‘(I) $107,000; or

16 ‘‘(II) the greater of the allotment

17 received by such State for fiscal year

18 1992, or the allotment received by

19 such State for fiscal year 1993, under

20 this section (determined without re21 gard to subsection (d)); and

22 ‘‘(ii) the allotment of any State not

23 described in clause (i) for such fiscal year

24 may not be less than the greater of—

25 ‘‘(I) $200,000; or
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1 ‘‘(II) the greater of the allot2 ments received by such State for fiscal

3 year 1992, or the allotment received

4 by such State for fiscal year 1993,

5 under this section (determined with6 out regard to subsection (d)).’’; and

7 (iii) in subparagraph (B), to read as

8 follows:

9 ‘‘(B) the total amount appropriated under

10 section 143 for a fiscal year is less than

11 $20,000,000—

12 ‘‘(i) the allotment of each of American

13 Samoa, Guam, the United States Virgin

14 Islands, the Commonwealth of the North15 ern Mariana Islands, and the Republic of

16 Palau (until the Compact of Free Associa17 tion with Palau takes effect) for such fiscal

18 year may not be less than the greater of—

19 ‘‘(I) $80,000; or

20 ‘‘(II) the greater of the allotment

21 received by such State for fiscal year

22 1992, or the allotment received by

23 such State for fiscal year 1993, under

24 this section (determined without re25 gard to subsection (d)); and
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1 ‘‘(ii) the allotment of any State not

2 described in clause (i) for such fiscal year

3 may not be less than the greater of—

4 ‘‘(I) $150,000; or

5 ‘‘(II) the greater of the allotment

6 received by such State for fiscal year

7 1992, or the allotment received by

8 such State for fiscal year 1993, under

9 this section (determined without re10 gard to subsection (d)).’’;

11 (C) by realigning the margins of subpara12 graphs (A) and (B) of paragraph (2) so as to

13 align with subparagraphs (A) through (C) of

14 subsection (a)(4);

15 (D) by realigning the margins of para16 graphs (2) through (4) so as to align with para17 graph (4) of subsection (a);

18 (E) in paragraph (2), by striking ‘‘In any

19 case’’ and inserting ‘‘INCREASE IN ALLOT20 MENTS.—In any case’’;

21 (F) in paragraph (3), by striking ‘‘A

22 State’’ and inserting ‘‘MONITORING THE AD23 MINISTRATION OF THE SYSTEM.—A State’’;
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1 (G) in paragraph (4), by striking ‘‘Not2 withstanding’’ and inserting ‘‘REDUCTION OF

3 ALLOTMENT.—Notwithstanding’’; and

4 (H) by inserting at the end the following

5 new paragraph:

6 ‘‘(5) TECHNICAL ASSISTANCE AND AMERICAN

7 INDIAN CONSORTIUM.—In any case in which

8 amounts appropriated under section 143 for a fiscal

9 year exceeds $24,500,000, the Secretary shall—

10 ‘‘(A) use not more than 2 percent of the

11 amounts appropriated to provide technical as12 sistance (consistent with requests by such sys13 tems for such assistance in the year that appro14 priations reach $24,500,000) to eligible systems

15 with respect to activities carried out under this

16 title; and

17 ‘‘(B) provide grants in accordance with

18 paragraph (1)(A)(i) to American Indian Con19 sortiums to provide protection and advocacy

20 services.’’;

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

22 and inserting ‘‘UNOBLIGATED FUNDS.—Any

23 amount’’;

24 (4) in subsection (d)—
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1 (A) in the matter preceding paragraph (1),

2 by striking ‘‘In States’’ and inserting ‘‘GOV3 ERNING BOARD.—In States’’;

4 (B) in paragraph (1), by inserting before

5 the semicolon ‘‘and include individuals with de6 velopmental disabilities who are eligible for

7 services, or have received or are receiving serv8 ices, or parents, family members, guardians, ad9 vocates, or authorized representatives of such

10 individuals’’; and

11 (C) by adding at the end the following new

12 paragraph:

13 ‘‘(4) in States in which the system is organized

14 as a public system without a multimember governing

15 or advisory board, the system shall establish an advi16 sory council that shall—

17 ‘‘(A) advise the system on policies and pri18 orities to be carried out in protecting and advo19 cating the rights of individuals with devel20 opmental disabilities; and

21 ‘‘(B) consist of a majority of individuals

22 with developmental disabilities who are eligible

23 for services, or have received or are receiving

24 services, or parents, family members, guardians,
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1 advocates, or authorized representatives of such

2 individuals.’’;

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

4 inserting ‘‘RECORDS.—As used’’;

5 (6) in subsection (f)—

6 (A) by striking ‘‘If the’’ and inserting ‘‘AC7 CESS TO RECORDS.—If the’’; and

8 (B) in the matter preceding paragraph (1)

9 by striking ‘‘persons’’ and inserting ‘‘individ10 uals’’;

11 (7) in subsection (g)—

12 (A) by striking ‘‘(g)(1) Nothing’’ and in13 serting the following:

14 ‘‘(g) LEGAL ACTION.—

15 ‘‘(1) IN GENERAL.—Nothing’’;

16 (B) in paragraph (1), by striking ‘‘per17 sons’’ and inserting ‘‘individuals’’; and

18 (C) in paragraph (2), by striking ‘‘(2)

19 Amounts’’ and inserting the following:

20 ‘‘(2) USE OF AMOUNTS FROM JUDGMENT.—

21 Amounts’’;

22 (8) in subsection (h), by striking ‘‘Notwith23 standing’’ and inserting ‘‘PAYMENT TO SYS24 TEMS.—Notwithstanding’’;
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1 (9) by redesignating subsections (b) through (h)

2 as subsections (c) through (i), respectively;

3 (10) by inserting after subsection (a) the follow4 ing new subsection:

5 ‘‘(b) AMERICAN INDIAN CONSORTIUM.—Upon appli6 cation to the Secretary, an American Indian consortium,

7 as defined in section 102, established to provide protection

8 and advocacy services under this part, shall receive fund9 ing pursuant to subsection (c)(5). Such consortium shall

10 coordinate activities with existing systems.’’; and

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

12 subsections:

13 ‘‘(j) DISCLOSURE OF INFORMATION.—For purposes

14 of any periodic audit, report, or evaluation required under

15 this Act, the Secretary shall not require a program to dis16 close the identity of, or any other personally identifiable

17 information related to, any individual requesting assist18 ance under such program.

19 ‘‘(k) PUBLIC NOTICE OF FEDERAL ONSITE RE20 VIEW.—The Secretary shall provide advance public notice

21 of any Federal programmatic and administrative review

22 and solicit public comment on the system funded under

23 this part through such notice. The findings of the public

24 comment solicitation notice shall be included in the onsite

25 visit report.’’.
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1 SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

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

3 (1) by striking ‘‘SEC. 143.’’;

4 (2) in the section heading, by striking ‘‘AU5 THORIZATION OF APPROPRIATIONS’’ and inserting

6 the following:

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

8 (3) by striking ‘‘$24,200,000 for fiscal year

9 1991’’ and inserting ‘‘$29,000,000 for fiscal year

10 1994’’; and

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

12 and inserting ‘‘fiscal years 1995 and 1996’’.

13 TITLE IV—UNIVERSITY

14 AFFILIATED PROGRAMS

15 SEC. 401. PART HEADING.

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

17 to reads as follows:

18 ‘‘PART D—UNIVERSITY AFFILIATED PROGRAMS’’.

19 SEC. 402. PURPOSE.

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

21 follows:

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

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

24 to university affiliated programs that are interdisciplinary

25 programs operated by universities, or by public or non26 profit entities associated with a college or university, to
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1 provide a leadership role in the promotion of independ2 ence, productivity, and integration and inclusion into the

3 community of individuals with developmental disabilities

4 through the provision of the following activities:

5 ‘‘(1) Interdisciplinary preservice preparation of

6 students and fellows, including the preparation of

7 leadership personnel.

8 ‘‘(2) Community service activities that shall in9 clude community training and technical assistance

10 for or with individuals with developmental disabil11 ities, family members of individuals with devel12 opmental disabilities, professionals, paraprofes13 sionals, students, and volunteers. Such activities

14 may include state-of-the-art direct services including

15 family support, individual support, personal assist16 ance services, educational, vocational, clinical,

17 health, prevention, or other direct services.

18 ‘‘(3) Dissemination of information and research

19 findings, which may include the empirical validation

20 of activities relevant to the purposes described in

21 paragraphs (1) and (2) and contributions to the de22 velopment of new knowledge in the field of devel23 opmental disabilities.’’.
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1 SEC. 403. GRANT AUTHORITY.

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

3 6062) is amended—

4 (1) by striking ‘‘SEC. 152.’’; and

5 (2) in the section heading, by striking ‘‘GRANT

6 AUTHORITY’’ and inserting the following:

7 ‘‘SEC. 152. GRANT AUTHORITY.’’.

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

9 amended—

10 (1) in subsection (a)—

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

12 inserting ‘‘ADMINISTRATION AND OPER13 ATION.—From appropriations’’; and

14 (B) by striking ‘‘102(18).’’ and inserting

15 ‘‘151. Grants may be awarded for a period not

16 to exceed 5 years.’’;

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

18 ‘‘(b) TRAINING PROJECTS.—

19 ‘‘(1) IN GENERAL.—From amounts appro20 priated under section 156(a), the Secretary shall

21 make grants to university affiliated programs receiv22 ing grants under subsection (a) to support training

23 projects to train personnel to address the needs of

24 individuals with developmental disabilities in areas

25 of emerging national significance, as described in

26 paragraph (3). Grants awarded under this sub-
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1 section shall be awarded on a competitive basis and

2 may be awarded for a period not to exceed 5 years.

3 ‘‘(2) ELIGIBILITY LIMITATIONS.—A university

4 affiliated program shall not be eligible to receive

5 funds for training projects under this subsection un6 less—

7 ‘‘(A) such program has operated for at

8 least 1 year; or

9 ‘‘(B) the Secretary determines that such

10 program has demonstrated the capacity to de11 velop an effective training project during the

12 first year such program is operated.

13 ‘‘(3) AREAS OF FOCUS.—Training projects

14 under this subsection shall train personnel to ad15 dress the needs of individuals with developmental

16 disabilities in the areas of emerging national signifi17 cance described in subparagraphs (A) through (G).

18 ‘‘(A) EARLY INTERVENTION.—Grants

19 under this subsection for training projects with

20 respect to early intervention services shall be

21 for the purpose of assisting university affiliated

22 programs in providing training to family mem23 bers of children with developmental disabilities

24 and personnel from all disciplines involved with

25 interdisciplinary intervention to infants, tod-
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1 dlers, and preschool age children with devel2 opmental disabilities. Such training projects

3 shall include instruction on family-centered,

4 community-based, coordinated care for infants,

5 toddlers, and preschool age children with devel6 opmental disabilities and their families.

7 ‘‘(B) AGING.—Grants under this sub8 section for training projects with respect to

9 aging and developmental disabilities shall be for

10 the purpose of supporting the planning, design,

11 and implementation of coordinated interdiscipli12 nary training programs between existing aging

13 or gerontological programs and university affili14 ated programs in order to prepare professional

15 staff to provide services for aging individuals

16 with developmental disabilities and their fami17 lies.

18 ‘‘(C) COMMUNITY SERVICES.—Grants

19 under this subsection for training projects with

20 respect to community services shall be for the

21 purpose of providing training that enhances di22 rect supports and services for individuals with

23 developmental disabilities, including training to

24 community members, families, individuals with

25 developmental disabilities, and community-
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1 based direct service providers. The Secretary

2 shall ensure that all grants under this subpara3 graph are made only to university affiliated pro4 grams that involve community-level direct sup5 port services in the preparation of the applica6 tion for such grant and that assure that any

7 training under the university affiliated program

8 will be coordinated with local community serv9 ices and support systems and with State, local,

10 and regional governmental or private agencies

11 responsible for the planning or delivery of serv12 ices to individuals with developmental disabil13 ities.

14 ‘‘(D) POSITIVE BEHAVIORAL SUPPORTS.—

15 Grants awarded under this subsection for train16 ing projects with respect to positive behavioral

17 supports shall be for the purpose of assisting

18 university affiliated programs in providing

19 training to family members of individuals with

20 developmental disabilities and personnel in

21 methods of developing individual supports that

22 maximize opportunities for independence, pro23 ductivity, and integration and inclusion into the

24 community for individuals with developmental
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1 disabilities and severe behavior problems. Such

2 training projects shall provide training to—

3 ‘‘(i) address ethical and legal prin4 ciples and standards, including the role of

5 personal values in designing assessments

6 and interventions;

7 ‘‘(ii) address appropriate assessment

8 approaches that examine the range of fac9 tors that contribute to problem behavior;

10 ‘‘(iii) address the development of a

11 comprehensive plan that considers the

12 needs and preferences of an individual with

13 a developmental disability;

14 ‘‘(iv) address the competence in the

15 types of skills training, environmental

16 modification, and incentive procedures that

17 encourage alternative behaviors;

18 ‘‘(v) familiarize training participants

19 with crisis intervention approaches and the

20 separate role of such approaches as short21 term emergency procedures;

22 ‘‘(vi) familiarize training participants

23 with medical interventions and how to

24 evaluate the effect of such interventions on

25 behavior; and
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1 ‘‘(vii) address techniques for evaluat2 ing the outcomes of interventions.

3 ‘‘(E) ASSISTIVE TECHNOLOGY SERVICES.—

4 Grants under this subsection for training

5 projects with respect to assistive technology

6 services shall be for the purpose of assisting

7 university affiliated programs in providing

8 training to personnel who provide, or will pro9 vide, assistive technology services and devices to

10 individuals with developmental disabilities and

11 their families. Such projects may provide train12 ing and technical assistance to improve access

13 to assistive technology services for individuals

14 with developmental disabilities and may include

15 stipends and tuition assistance for training

16 project participants. Such projects shall be co17 ordinated with State technology coordinating

18 councils wherever such councils exist.

19 ‘‘(F) AMERICANS WITH DISABILITIES

20 ACT.—Grants under this subsection for training

21 projects with respect to the provisions of the

22 Americans with Disabilities Act of 1990 shall

23 be for the purpose of assisting university affili24 ated programs in providing training to person25 nel who provide, or will provide, services to indi-
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1 viduals with developmental disabilities, and to

2 others concerned with individuals with devel3 opmental disabilities.

4 ‘‘(G) OTHER AREAS.—Grants under this

5 subsection for training projects with respect to

6 programs in other areas of national significance

7 shall be for the purpose of training personnel in

8 an area of special concern to the university af9 filiated program, and shall be developed in con10 sultation with the State Developmental Disabil11 ities Council.

12 ‘‘(4) COURSES, TRAINEESHIPS AND FELLOW13 SHIPS.—Grants under this subsection may be used

14 by university affiliated programs to—

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

16 of training or study for personnel to provide

17 services for individuals with developmental dis18 abilities and their families; and

19 ‘‘(B) establish fellowships or traineeships

20 providing such stipends and allowances as may

21 be determined by the Secretary.

22 ‘‘(5) PROHIBITED ACTIVITIES.—Grants award23 ed under this subsection shall not be used for ad24 ministrative expenses for the university affiliated

25 program under subsection (a).
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1 ‘‘(6) CRITERIA.—Grants awarded under this

2 subsection shall meet the criteria described in sub3 paragraphs (A) and (B).

4 ‘‘(A) APPLICATION.—An application that

5 is submitted for a grant under this subsection

6 shall present evidence that training projects as7 sisted by funds awarded under this section

8 are—

9 ‘‘(i) competency and value based;

10 ‘‘(ii) designed to facilitate independ11 ence, productivity, and integration and in12 clusion for individuals with developmental

13 disabilities; and

14 ‘‘(iii) evaluated utilizing state-of-the15 art evaluation techniques in the pro16 grammatic areas selected.

17 ‘‘(B) GENERAL PROJECT REQUIRE18 MENTS.—Training projects under this sub19 section shall—

20 ‘‘(i) represent state-of-the-art tech21 niques in areas of critical shortage of per22 sonnel that are identified through consulta23 tion with the consumer advisory committee

24 described in section 153(d) and the State

25 Developmental Disabilities Council;
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1 ‘‘(ii) be conducted in consultation with

2 the consumer advisory committee described

3 in section 153(d) and the State Devel4 opmental Disabilities Council;

5 ‘‘(iii) be integrated into the appro6 priate university affiliated program and

7 university curriculum;

8 ‘‘(iv) be integrated with relevant State

9 agencies in order to achieve an impact on

10 statewide personnel and service needs;

11 ‘‘(v) to the extent practical, be con12 ducted in environments where services are

13 actually delivered;

14 ‘‘(vi) to the extent possible, be inter15 disciplinary in nature; and

16 ‘‘(vii) to the extent possible, address

17 the unique needs of individuals with devel18 opmental disabilities from ethnic, cultural,

19 and linguistic minority backgrounds.’’;

20 (3) in subsection (c)—

21 (A) by striking ‘‘From amounts appro22 priated under section 154(b)’’ and inserting

23 ‘‘SUPPLEMENTAL AWARDS.—From amounts

24 appropriated under section 156(a)’’;

25 (B) in paragraph (1)—
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1 (i) by striking ‘‘service-related train2 ing to persons’’ and inserting ‘‘inter3 disciplinary training, community training

4 and technical assistance, community serv5 ices, or dissemination of information to in6 dividuals’’;

7 (ii) by striking ‘‘integration into the

8 community of persons with developmental

9 disabilities’’ and inserting ‘‘integration and

10 inclusion into the community of individuals

11 with developmental disabilities and not oth12 erwise specified in subsection (b)’’; and

13 (iii) by striking ‘‘persons’’ each place

14 such term appears and inserting ‘‘individ15 uals’’;

16 (C) in paragraph (2)—

17 (i) by striking ‘‘(A) the’’ and inserting

18 ‘‘the’’;

19 (ii) by striking ‘‘persons’’ and insert20 ing ‘‘individuals’’;

21 (iii) by striking ‘‘(B) the’’ and insert22 ing ‘‘the’’; and

23 (iv) by striking ‘‘parents’’ and insert24 ing ‘‘family members’’;

25 (4) by striking subsection (d);
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1 (5) in subsection (e)—

2 (A) by striking ‘‘(e) From amounts appro3 priated under section 154(a)’’ and inserting

4 ‘‘(d) FEASIBILITY STUDIES.—From amounts

5 appropriated under section 156(a)’’; and

6 (B) by striking ‘‘or a satellite center’’ each

7 place such term appears; and

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

9 SEC. 404. APPLICATIONS.

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

11 6063) is amended—

12 (1) by striking ‘‘SEC. 153.’’; and

13 (2) in the section heading, by striking ‘‘APPLI14 CATIONS’’ and inserting the following:

15 ‘‘SEC. 153. APPLICATIONS.’’.

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

17 is amended—

18 (1) in subsection (a)—

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

20 inserting: ‘‘STANDARDS.—Not later than 12’’;

21 (B) by striking ‘‘Act of 1984’’ and insert22 ing ‘‘Assistance and Bill of Rights Act Amend23 ments of 1993’’;

24 (C) by striking ‘‘persons’’ and inserting

25 ‘‘individuals’’; and
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1 (D) by striking ‘‘section 102(18)’’ and in2 serting ‘‘section 151’’;

3 (2) in subsection (b)—

4 (A) in the matter preceding paragraph (1),

5 by striking ‘‘No grants’’ and all that follows

6 through ‘‘Such an application’’ and inserting

7 ‘‘ASSURANCES.—The application under sub8 section (a)’’;

9 (B) in paragraph (1), by striking ‘‘grant

10 will’’ and all that follows through ‘‘level of such

11 funds;’’ and inserting the following: ‘‘grant

12 will—

13 ‘‘(A) not result in any decrease in the use

14 of State, local, and other non-Federal funds for

15 services for individuals with developmental dis16 abilities and for training of individuals to pro17 vide such services, which funds would (except

18 for such grant) be made available to the appli19 cant; and

20 ‘‘(B) be used to supplement and, to the ex21 tent practicable, increase the level of such

22 funds;’’;

23 (C) in paragraph (2), by striking ‘‘sub24 section (a)’’ each place such term appears and

25 inserting ‘‘subsection (b)’’;
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1 (D) in paragraph (3)—

2 (i) by striking ‘‘persons’’ each place

3 such term appears and inserting ‘‘individ4 uals’’;

5 (ii) by striking ‘‘treatment, services,

6 or habilitation’’ and inserting ‘‘services’’;

7 and

8 (iii) by striking ‘‘the developmentally

9 disabled’’ and inserting ‘‘individuals with

10 developmental disabilities’’; and

11 (E) in paragraph (5)—

12 (i) by striking ‘‘Planning’’ and insert13 ing ‘‘Developmental Disabilities’’; and

14 (ii) by striking ‘‘or the satellite center

15 is or will be located’’;

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

17 (4) by redesignating subsections (a), (b), and

18 (e) as subsections (b), (c), and (f), respectively;

19 (5) by inserting after the section heading the

20 following new subsection:

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

22 section 152(a) unless an application therefor is submitted

23 to, and approved by, the Secretary. Such an application

24 shall be submitted in such form and manner, and contain

25 such information, as the Secretary may require.’’;
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1 (6) by inserting after subsection (c), as so re2 designated by paragraph (4), the following new sub3 sections:

4 ‘‘(d) CONSUMER ADVISORY COMMITTEE.—The Sec5 retary shall only make grants under section 152(a) to uni6 versity affiliated programs that establish a consumer advi7 sory committee comprised of individuals with developmen8 tal disabilities, family members of individuals with devel9 opmental disabilities, representatives of State protection

10 and advocacy systems, State developmental disabilities

11 councils (including State service agency directors), local

12 agencies, and private nonprofit groups concerned with pro13 viding services for individuals with developmental disabil14 ities, which may include representatives from parent train15 ing and information centers.

16 ‘‘(e) FEDERAL SHARE.—

17 ‘‘(1) IN GENERAL.—The Federal share of any

18 project to be provided through grants under this

19 part may not exceed 75 percent of the necessary cost

20 of such project, as determined by the Secretary, ex21 cept that if the project activities or products target

22 individuals with developmental disabilities who live

23 in an urban or rural poverty area, the Federal share

24 may not exceed 90 percent of the project’s necessary

25 costs as so determined by the Secretary.
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1 ‘‘(2) PROJECT EXPENDITURES.—For the pur2 pose of determining the Federal share with respect

3 to any project, expenditures on that project by a po4 litical subdivision of the State or by a public or pri5 vate entity shall, subject to such limitations and con6 ditions as the Secretary may by regulation prescribe,

7 be considered to be expenditures made by a univer8 sity affiliated program under this part.’’;

9 (7) in subsection (f), as so redesignated by

10 paragraph (4)—

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

12 inserting the following:

13 ‘‘(f) PEER REVIEW.—

14 ‘‘(1) IN GENERAL.—The Secretary’’;

15 (B) in paragraph (1), by striking ‘‘Such

16 peer review’’ and all that follows through

17 ‘‘152(b)(1)(D)’’;

18 (C) in paragraph (2)—

19 (i) by striking ‘‘(2) Regulations’’ and

20 inserting the following:

21 ‘‘(2) REGULATIONS.—Regulations’’; and

22 (ii) by striking ‘‘experience or train23 ing’’ and inserting ‘‘experience and train24 ing’’;

25 (D) in paragraph (3), to read as follows:
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1 ‘‘(3) APPROVAL.—

2 ‘‘(A) IN GENERAL.—The Secretary may

3 approve an application under this part only if

4 such application has been recommended by a

5 peer review group that has conducted the peer

6 review required under paragraph (1).

7 ‘‘(B) APPLICABILITY.—This paragraph

8 shall apply to the approval of grant applications

9 received for fiscal year 1990 and succeeding fis10 cal years.’’;

11 (E) in paragraph (4)—

12 (i) by striking ‘‘(4) The Secretary’’

13 and inserting the following:

14 ‘‘(4) ESTABLISHMENT OF PEER REVIEW

15 GROUPS.—The Secretary’’; and

16 (ii) by realigning the margins of sub17 paragraphs (A) and (B) so as to align with

18 the margin of subparagraph (A) of para19 graph (3); and

20 (F) in paragraph (5), by striking ‘‘(5) The

21 Secretary’’ and inserting the following:

22 ‘‘(5) WAIVERS OF APPROVAL.—The Secretary’’;

23 and

24 (8) by adding at the end the following new sub25 section:
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1 ‘‘(g) REVIEW BY OTHER FEDERAL AGENCIES.—The

2 Secretary shall establish such a process for the review of

3 applications for grants under section 152(a) as will en4 sure, to the maximum extent feasible, that each Federal

5 agency that provides funds for the direct support of the

6 applicant’s program reviews the application.’’.

7 SEC. 405. GRANT AWARDS.

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

9 follows:

10 ‘‘SEC. 154. PRIORITY FOR GRANT AWARDS.

11 ‘‘(a) IN GENERAL.—In awarding and distributing

12 grant funds under this part, the Secretary, subject to the

13 availability of appropriations, shall award and distribute

14 grant funds in accordance with the following order of

15 priorities:

16 ‘‘(1) EXISTING STATE UNIVERSITY AFFILIATED

17 PROGRAMS.—First priority shall be given, with re18 spect to the provision of grant awards under section

19 152(a) in the amount of $200,000, to an existing

20 State university affiliated program that meets the

21 requirements under section 153.

22 ‘‘(2) UNSERVED STATES.—Second priority shall

23 be given, with respect to the provision of grant

24 awards under section 152(a) in the amount of

25 $200,000, to a university or public or nonprofit en-
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1 tity associated with a college or university that de2 sires to establish a university affiliated program in

3 a State that is unserved by a university affiliated

4 program as of the date of enactment of the Devel5 opmental Assistance and Bill of Rights Act Amend6 ments of 1993.

7 ‘‘(3) TRAINING PROJECTS IN ALL UNIVERSITY

8 AFFILIATED PROGRAMS.—Third priority shall be

9 given, with respect to the provision of grant awards,

10 to each university affiliated program that receives

11 funding under section 152(a) and that meets the eli12 gibility limitations under section 152(b) to the estab13 lishment of training projects under section 152(b) in

14 the amount of $90,000 in each such program.

15 ‘‘(4) INCREASED FUNDING FOR TRAINING

16 PROJECTS.—Fourth priority shall be given, with re17 spect to the provision of grant awards, to the provi18 sion of an increase in the amount of a training

19 project grant award under section 152(b) to

20 $100,000.

21 ‘‘(5) INCREASED FUNDING FOR UNIVERSITY AF22 FILIATED PROGRAMS.—Fifth priority shall be given,

23 with respect to the provision of grant awards, to the

24 provision of an increase in the amount of a univer-
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1 sity affiliated program grant award under section

2 152(a) to $250,000.

3 ‘‘(6) ADDITIONAL TRAINING.—Sixth priority

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

5 awards, to an existing university affiliated program

6 in a State that is served by such program under sec7 tion 152(a) to provide additional training under sub8 section (b) or (c) of section 152 within such State

9 or other geographic regions, or to a university or

10 public or nonprofit entity associated with a college

11 or university that desires to establish another uni12 versity affiliated program within such State under

13 section 152(a). All applications submitted to the

14 Secretary for such grant awards shall document

15 plans for coordinating activities with an existing uni16 versity affiliated program in the State (if applicable)

17 and in consultation with the State Developmental

18 Disabilities Council.

19 ‘‘(b) ADDITIONAL PROGRAMS.—For purposes of

20 making grants under subsection (a)(6), the Secretary shall

21 consider applications for grants for university affiliated

22 programs—

23 ‘‘(1) for States that are currently underserved

24 by a university affiliated program; and
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1 ‘‘(2) that are in addition to the total number of

2 university affiliated programs receiving grants under

3 this subsection for the preceding fiscal year.

4 ‘‘(c) SINGLE APPLICATION.—When every State is

5 served by a university affiliated program under section

6 152(a) in the amount of $200,000 and every such pro7 gram has been awarded a training grant under section

8 152(b) in the amount of $90,000, the Secretary may ac9 cept applications under such sections in a single applica10 tion.’’.

11 SEC. 406. AUTHORIZATION OF APPROPRIATIONS AND DEFI12 NITION.

13 Part D of title I (42 U.S.C. 151 et seq.) is amended

14 by adding at the end the following new sections:

15 ‘‘SEC. 155. DEFINITION.

16 ‘‘For purposes of this part, the term ‘State’ means

17 each of the several States of the United States, the Dis18 trict of Columbia, the Commonwealth of Puerto Rico, and

19 the United States Virgin Islands.

20 ‘‘SEC. 156. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘(a) IN GENERAL.—For the purpose of making

22 grants under subsections (a), (b), (c), and (d) of section

23 152, there are authorized to be appropriated $21,000,000

24 for fiscal year 1994, and such sums as may be necessary

25 for each of the fiscal years 1995 and 1996.
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1 ‘‘(b) LIMITATION.—With respect to peer review or

2 other activities directly related to peer review, the Sec3 retary may not use—

4 ‘‘(1) for fiscal year 1994, more than $300,000

5 of the funds made available under subsection (a) for

6 such review or such other activities;

7 ‘‘(2) for any succeeding fiscal year, more than

8 the amount of the funds made available under para9 graph (1) adjusted to take into account the increase

10 in the Consumer Price Index for such fiscal year for

11 such review or such other activities.’’.

12 TITLE V—PROJECTS OF

13 NATIONAL SIGNIFICANCE

14 SEC. 501. PART HEADING.

15 The heading of part E of title I of the Act is amended

16 to read as follows:

17 ‘‘PART E—PROJECTS OF NATIONAL

18 SIGNIFICANCE’’.

19 SEC. 502. PURPOSE.

20 Section 161 (42 U.S.C. 6081) is amended to read as

21 follows:

22 ‘‘SEC. 161. PURPOSE.

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

24 and contracts for projects of national significance that

25 support the development of national and State policy to
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1 enhance the independence, productivity, and integration

2 and inclusion of individuals with developmental disabilities

3 through—

4 ‘‘(1) data collection and analysis;

5 ‘‘(2) technical assistance to enhance the quality

6 of State Developmental Disabilities Councils, protec7 tion and advocacy systems, and university affiliated

8 programs; and

9 ‘‘(3) other projects of sufficient size and scope

10 that hold promise to expand or improve opportuni11 ties for individuals with developmental disabilities,

12 including—

13 ‘‘(A) technical assistance for the develop14 ment of information and referral systems;

15 ‘‘(B) educating policymakers;

16 ‘‘(C) Federal interagency initiatives;

17 ‘‘(D) the enhancement of minority partici18 pation in public and private sector initiatives in

19 developmental disabilities; and

20 ‘‘(E) special pilots and evaluation studies

21 to explore the expansion of programs under

22 part B to individuals with severe disabilities

23 other than developmental disabilities.’’.
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1 SEC. 503. GRANT AUTHORITY.

2 (a) SECTION HEADING.—Section 162 (42 U.S.C.

3 6082) is amended—

4 (1) by striking ‘‘SEC. 162.’’; and

5 (2) in the section heading, by striking ‘‘GRANT

6 AUTHORITY’’ and inserting the following:

7 ‘‘SEC. 162. GRANT AUTHORITY.’’.

8 (b) AUTHORITY.—Section 162 (42 U.S.C. 6082) is

9 amended—

10 (1) in subsection (a), to read as follows:

11 ‘‘(a) IN GENERAL.—The Secretary—

12 ‘‘(1) shall make grants to and enter into con13 tracts with public or nonprofit private entities for

14 projects of national significance relating to individ15 uals with developmental disabilities to—

16 ‘‘(A) support ongoing data collection on ex17 penditures, residential services and employment,

18 and develop an ongoing data collection system,

19 including data collection on the accomplish20 ments of State Developmental Disabilities

21 Councils, protection and advocacy systems, and

22 university affiliated programs; and

23 ‘‘(B) provide technical assistance (includ24 ing research, training, and evaluation) that ex25 pands or improves the effectiveness of State

26 Developmental Disabilities Councils under part
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1 B, protection and advocacy systems under part

2 C, and university affiliated programs under

3 part D, including the evaluation and assessment

4 of the quality of services provided to individuals

5 with developmental disabilities and other activi6 ties performed by programs under parts B, C,

7 and D; and

8 ‘‘(2) may make grants to and enter into con9 tracts with public or nonprofit private entities for

10 projects of national significance relating to individ11 uals with developmental disabilities to conduct other

12 nationally significant initiatives of sufficient size and

13 scope that hold promise of expanding or otherwise

14 improving opportunities for individuals with devel15 opmental disabilities, including—

16 ‘‘(A) conducting research and providing

17 technical assistance to assist States to develop

18 statewide, comprehensive information and refer19 ral and service coordination systems for individ20 uals with developmental disabilities and their

21 families and improve supportive living and qual22 ity of life opportunities that enhance recreation,

23 leisure, and fitness;
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1 ‘‘(B) educating policymakers, including the

2 training of self-advocates and family members

3 of individuals with developmental disabilities;

4 ‘‘(C) pursuing Federal interagency initia5 tives that enhance the ability of Federal agen6 cies to address the needs of individuals with de7 velopmental disabilities and their families; and

8 ‘‘(D) expanding or otherwise improving op9 portunities for individuals with developmental

10 disabilities who are traditionally unserved or

11 underserved (including individuals of ethnic and

12 racial minority groups, and individuals from un13 derserved geographical areas) including projects

14 to encourage members of such groups to par15 ticipate in the Developmental Disabilities Pro16 grams authorized under parts B, C, and D, and

17 increase the involvement of students and profes18 sionals of such groups in the provision of serv19 ices to, supports to, and advocacy for, individ20 uals with developmental disabilities.’’;

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

22 ‘‘(b) APPLICATION AND OTHER GRANT REQUIRE23 MENTS.—No grant may be made under subsection (a) un24 less—
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1 ‘‘(1) an application has been submitted to the

2 Secretary in such form, in such manner, and con3 taining such information as the Secretary shall by

4 regulation prescribe and such application has been

5 approved by the Secretary;

6 ‘‘(2) each State in which the applicant’s project

7 will be conducted has a State plan approved under

8 section 122;

9 ‘‘(3) the application provides assurances that

10 the human rights of all individuals with developmen11 tal disabilities (especially those individuals without

12 familial protection) who are receiving services under

13 projects assisted under this part will be protected

14 consistent with section 110 (relating to the rights of

15 individuals with developmental disabilities); and

16 ‘‘(4) the Secretary provides to the State Devel17 opmental Disabilities Council in such State an op18 portunity to review the application for such project

19 and to submit its comments on the application.’’;

20 (3) in subsection (c), by striking ‘‘Not later’’

21 and inserting ‘‘PRIORITIES FOR GRANTS.—Not

22 later’’;

23 (4) in subsection (d)—
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1 (A) by striking ‘‘Payments under’’ and in2 serting ‘‘GRANT PAYMENTS.—Payments

3 under’’; and

4 (B) by inserting before the period in the

5 second sentence ‘‘, except as otherwise provided

6 under section 163’’;

7 (5) by redesignating subsections (b), (c), and

8 (d) as subsections (c), (d), and (e), respectively;

9 (6) by inserting after subsection (a) the follow10 ing new subsection:

11 ‘‘(b) INVESTIGATIONS.—

12 ‘‘(1) IN GENERAL.—Not later than October 1,

13 1993, there shall be a special initiative to support

14 grants to investigate the expansion of part B activi15 ties to individuals with severe disabilities other than

16 developmental disabilities. Such investigations shall

17 be implemented through the following activities:

18 ‘‘(A) A national study of State Devel19 opmental Disabilities Councils that are cur20 rently mandated under State law or Executive

21 order to focus on individuals with disabilities

22 other than developmental disabilities. Such

23 study shall be completed not later than June

24 30, 1995.
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1 ‘‘(B) Pilot initiatives by not more than five

2 additional State Developmental Disabilities

3 Councils, in consultation with and with the sup4 port of the protection and advocacy system and

5 the university affiliated program in such State,

6 to study the implications of such expansion in

7 States in which such Councils are located and

8 to delineate barriers, opportunities, and critical

9 issues. Such initiatives shall be completed not

10 later than January 1996.

11 ‘‘(C) A national study of the process and

12 outcomes of the pilot studies conducted under

13 subparagraph (B). Such study shall be com14 pleted not later than May 30, 1996.

15 ‘‘(2) APPLICATION.—No grant may be made

16 under this subsection unless an applicant submits to

17 the Secretary an application, and meets the addi18 tional application requirements, under subsection

19 (c).’’; and

20 (7) by adding at the end thereof the following

21 new subsection:

22 ‘‘(f) LIST OF RECIPIENTS.—Not later than Septem23 ber 1 of each fiscal year, the Secretary shall publish in

24 the Federal Register a list of the recipients of grants and

25 contracts in each of the areas authorized in subsections
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1 (a) and (b), including a brief description of the project,

2 and the amount of funds granted to each such project.

3 The amounts for such grants and contracts shall total the

4 amount appropriated under this part for such fiscal

5 year.’’.

6 SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

7 (a) IN GENERAL.—Section 163(a) (42 U.S.C.

8 6083(a)) is amended—

9 (1) by striking ‘‘$3,650,000’’ and inserting

10 ‘‘$4,000,000’’;

11 (2) by striking ‘‘fiscal year 1991’’ and inserting

12 ‘‘fiscal year 1994’’; and

13 (3) by striking ‘‘fiscal years 1992 and 1993’’

14 and inserting ‘‘fiscal years 1995 and 1996’’.

15 (b) LIMITATIONS.—Section 163(b) (42 U.S.C.

16 6083(b)) is amended to read as follows:

17 ‘‘(b) LIMITATIONS.—

18 ‘‘(1) PROJECTS OF NATIONAL SIGNIFICANCE.—

19 At least 8 percent, but in no event less than

20 $300,000, of the amounts appropriated pursuant to

21 subsection (a) shall be used to carry out the provi22 sions of section 162(a)(1)(B).

23 ‘‘(2) INVESTIGATIONS.—

24 ‘‘(A) IN GENERAL.—The additional au25 thority to fund projects under section 162(b)
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1 shall not be construed as requiring the Sec2 retary to supplant funding for other priorities

3 described in this part.

4 ‘‘(B) TIME LINE FOR FUNDING.—If

5 amounts are available to carry out subpara6 graphs (A), (B), and (C) of section 162(b)(1),

7 the Administration shall provide funding to

8 carry out such paragraphs not later than May

9 1 of the fiscal year in which such funds become

10 available.

11 ‘‘(3) PROGRAMMATIC REVIEWS OR OTHER AD12 MINISTRATIVE ACTIVITIES.—The Secretary may not

13 use the funds made available under subsection (a)

14 for programmatic reviews as prescribed by regula15 tion or other administrative activities under parts B,

16 C, and D.

17 ‘‘(4) TECHNICAL ASSISTANCE FOR PROTECTION

18 AND ADVOCACY SYSTEMS.—If technical assistance to

19 improve the effectiveness of protection and advocacy

20 systems under part C is provided under section

21 142(c)(5)—

22 ‘‘(A) no funding for the provision of such

23 technical assistance to protection and advocacy

24 systems shall be provided under this part; and
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1 ‘‘(B) the amount set aside for technical as2 sistance under section 162(a)(1)(B) shall be

3 proportionally reduced.’’.

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