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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1284 Enrolled Bill (ENR)]

<DOC>

        S.1284

                       One Hundred Third Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four

                                 An Act

  
 
  To amend the Developmental Disabilities Assistance and Bill of Rights 
Act to modify certain provisions relating to programs for individuals 
with developmental disabilities, Federal assistance for priority area 
activities for individuals with developmental disabilities, protection 
and advocacy of individual rights, university affiliated programs, and 
projects of national significance, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title._This Act may be cited as the ``Developmental 
Disabilities Assistance and Bill of Rights Act Amendments of 1994''.
    (b) Table of Contents._The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.

                       TITLE I_GENERAL PROVISIONS

Sec. 101. Headings and short title.
Sec. 102. Findings and purposes.
Sec. 103. Definitions.
Sec. 104. Federal share.
Sec. 105. Records and audits.
Sec. 106. Recovery.
Sec. 107. State control of operations.
Sec. 108. Reports.
Sec. 109. Responsibilities of the Secretary.
Sec. 110. Employment of handicapped individuals.
Sec. 111. Rights of the developmentally disabled.

TITLE II_FEDERAL ASSISTANCE FOR PRIORITY AREA ACTIVITIES FOR INDIVIDUALS 
                     WITH DEVELOPMENTAL DISABILITIES

Sec. 201. Part heading.
Sec. 202. Purpose.
Sec. 203. State plans.
Sec. 204. Habilitation plans.
Sec. 205. Councils.
Sec. 206. State allotments.
Sec. 207. Federal share and non-Federal share.
Sec. 208. Payments to the States for planning, administration, and 
          services.
Sec. 209. Withholding of payments for planning, administration, and 
          services.
Sec. 210. Nonduplication.
Sec. 211. Appeals by States.
Sec. 212. Authorization of appropriations.
Sec. 213. Review, analysis, and report.

  TITLE III_PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH 
                       DEVELOPMENTAL DISABILITIES

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

                 TITLE IV_UNIVERSITY AFFILIATED PROGRAMS

Sec. 401. Part heading.
Sec. 402. Purpose.
Sec. 403. Grant authority.
Sec. 404. Applications.
Sec. 405. Grant awards.
Sec. 406. Authorization of appropriations and definition.

                TITLE V_PROJECTS OF NATIONAL SIGNIFICANCE

Sec. 501. Part heading.
Sec. 502. Purpose.
Sec. 503. Grant authority.
Sec. 504. Authorization of appropriations.

SEC. 2. REFERENCES.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the 
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
6000 et seq.).

                       TITLE I_GENERAL PROVISIONS

SEC. 101. HEADINGS AND SHORT TITLE.

    (a) Title._The heading of title I of the Act is amended to read as 
follows:

 ``TITLE I_PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''.

    (b) Part._The heading of part A of title I of the Act is amended to 
read as follows:

                     ``PART A_GENERAL PROVISIONS''.

    (c) Short Title._Section 100 (42 U.S.C. 6000 note) is amended_
        (1) by striking ``Sec. 100''; and
        (2) in the section heading, by striking ``short title'' and 
    inserting the following new section heading:

``SEC. 100. SHORT TITLE.''.

SEC. 102. FINDINGS AND PURPOSES.

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

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

    ``(a) Findings._The Congress finds that_
        ``(1) in 1993 there are more than 3,000,000 individuals with 
    developmental disabilities in the United States;
        ``(2) disability is a natural part of the human experience that 
    does not diminish the right of individuals with developmental 
    disabilities to enjoy the opportunity to live independently, enjoy 
    self-determination, make choices, contribute to society, and 
    experience full integration and inclusion in the economic, 
    political, social, cultural, and educational mainstream of American 
    society;
        ``(3) individuals with developmental disabilities continually 
    encounter various forms of discrimination in critical areas;
        ``(4) there is a lack of public awareness of the capabilities 
    and competencies of individuals with developmental disabilities;
        ``(5) individuals whose disabilities occur during their 
    developmental period frequently have severe disabilities that are 
    likely to continue indefinitely;
        ``(6) individuals with developmental disabilities often require 
    lifelong specialized services and assistance, provided in a 
    coordinated and culturally competent manner by many agencies, 
    professionals, advocates, community representatives, and others to 
    eliminate barriers and to meet the needs of such individuals and 
    their families;
        ``(7) a substantial portion of individuals with developmental 
    disabilities and their families do not have access to appropriate 
    support and services from generic and specialized service systems 
    and remain unserved or underserved;
        ``(8) family members, friends, and members of the community can 
    play an important role in enhancing the lives of individuals with 
    developmental disabilities, especially when the family and 
    community are provided with the necessary services and supports;
        ``(9) there is a need to ensure that services, supports, and 
    other assistance are provided in a culturally competent manner, 
    that individuals from racial and ethnic minority backgrounds are 
    fully included in all activities under this Act, and that greater 
    efforts are made to recruit individuals from minority backgrounds 
    into the field of developmental disabilities; and
        ``(10) the goals of the Nation properly include the goal of 
    providing individuals with developmental disabilities with the 
    opportunities and support to_
            ``(A) make informed choices and decisions;
            ``(B) live in homes and communities in which such 
        individuals can exercise their full rights and responsibilities 
        as citizens;
            ``(C) pursue meaningful and productive lives;
            ``(D) contribute to their family, community, State, and 
        Nation;
            ``(E) have interdependent friendships and relationships 
        with others; and
            ``(F) achieve full integration and inclusion in society, in 
        an individualized manner, consistent with unique strengths, 
        resources, priorities, concerns, abilities, and capabilities of 
        each individual.
    ``(b) Purpose._The purpose of this Act is to assure that 
individuals with developmental disabilities and their families 
participate in the design of and have access to culturally competent 
services, supports, and other assistance and opportunities that promote 
independence, productivity, and integration and inclusion into the 
community, through_
        ``(1) support to State Developmental Disabilities Councils in 
    each State to promote, through systemic change, capacity building, 
    and advocacy activities that are consistent with the policy under 
    subsection (c)(2), a consumer and family-centered, comprehensive 
    system, and a coordinated array of services, supports, and other 
    assistance for individuals with developmental disabilities and 
    their families;
        ``(2) support to protection and advocacy systems in each State 
    to protect the legal and human rights of individuals with 
    developmental disabilities;
        ``(3) support to university affiliated programs to provide 
    interdisciplinary preservice preparation of students and fellows, 
    community service activities, and the dissemination of information 
    and research findings; and
        ``(4) support to national initiatives to collect necessary 
    data, provide technical assistance to State Developmental 
    Disabilities Councils, protection and advocacy systems and 
    university affiliated programs, and support other nationally 
    significant activities.
    ``(c) Policy._It is the policy of the United States that all 
programs, projects, and activities receiving assistance under this Act 
shall be carried out in a manner consistent with the principles that_
        ``(1) individuals with developmental disabilities, including 
    those with the most severe developmental disabilities, are capable 
    of achieving independence, productivity, and integration and 
    inclusion into the community, and often require the provision of 
    services, supports and other assistance to achieve independence, 
    productivity, and integration and inclusion;
        ``(2) individuals with developmental disabilities and their 
    families have competencies, capabilities and personal goals that 
    should be recognized, supported, and encouraged, and any assistance 
    to such individuals should be provided in an individualized manner, 
    consistent with the unique strengths, resources, priorities, 
    concerns, abilities, and capabilities of such individuals;
        ``(3) individuals with developmental disabilities and their 
    families are the primary decisionmakers regarding the services and 
    supports such individuals and their families receive and play 
    decisionmaking roles in policies and programs that affect the lives 
    of such individuals and their families;
        ``(4) services, supports, and other assistance are provided in 
    a manner that demonstrates respect for individual dignity, personal 
    preferences, and cultural differences;
        ``(5) specific efforts must be made to ensure that individuals 
    from racial and ethnic minority backgrounds enjoy effective and 
    meaningful opportunities for full participation in the 
    developmental disabilities service system;
        ``(6) recruitment efforts within developmental disabilities at 
    the level of preservice training, community training, practice, 
    administration and policymaking must focus on bringing larger 
    numbers of racial and ethnic minorities into the field in order to 
    provide appropriate skills, knowledge, role models, and sufficient 
    manpower to address the growing needs of an increasingly diverse 
    population;
        ``(7) with education and support, communities can be responsive 
    to the needs of individuals with developmental disabilities and 
    their families and are enriched by the full and active 
    participation and the contributions by individuals with 
    developmental disabilities and their families; and
        ``(8) individuals with developmental disabilities should have 
    access to opportunities and the necessary support to be included in 
    community life, have interdependent relationships, live in homes 
    and communities, and make contributions to their families, 
    community, State, and Nation.''.

SEC. 103. DEFINITIONS.

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

``SEC. 102. DEFINITIONS.

    ``For purposes of this title:
        ``(1) American indian consortium._The term `American Indian 
    Consortium' means any confederation of two or more recognized 
    American Indian tribes, created through the official action of each 
    participating tribe, that has a combined total resident population 
    of 150,000 enrolled tribal members and a contiguous territory of 
    Indian lands in two or more States.
        ``(2) Assistive technology device._The term `assistive 
    technology device' means any item, piece of equipment, or product 
    system, whether acquired commercially, modified or customized, that 
    is used to increase, maintain, or improve functional capabilities 
    of individuals with developmental disabilities.
        ``(3) Assistive technology service._The term `assistive 
    technology service' means any service that directly assists an 
    individual with a developmental disability in the selection, 
    acquisition, or use, of an assistive technology device. Such term 
    includes_
            ``(A) the evaluation of the needs of an individual with a 
        developmental disability, including a functional evaluation of 
        the individual in the individual's customary environment;
            ``(B) purchasing, leasing, or otherwise providing for the 
        acquisition of assistive technology devices by an individual 
        with a developmental disability;
            ``(C) selecting, designing, fitting, customizing, adapting, 
        applying, maintaining, repairing or replacing assistive 
        technology devices;
            ``(D) coordinating and using other therapies, 
        interventions, or services with assistive technology devices, 
        such as those associated with existing education and 
        rehabilitation plans and programs;
            ``(E) training or technical assistance for an individual 
        with a developmental disability, or, where appropriate, a 
        family member, guardian, advocate, or authorized representative 
        of an individual with a developmental disability; and
            ``(F) training or technical assistance for professionals 
        (including individuals providing education and rehabilitation 
        services), employers, or other individuals who provide services 
        to, employ, or are otherwise substantially involved in the 
        major life functions of, an individual with developmental 
        disabilities.
        ``(4) Child development activities._The term `child development 
    activities' means such priority area activities as will assist in 
    the prevention, identification, and alleviation of developmental 
    disabilities in children, including early intervention services.
        ``(5) Community living activities._The term `community living 
    activities' means such priority area activities as will assist 
    individuals with developmental disabilities to obtain and receive 
    the supports needed to live in their family home or a home of their 
    own with individuals of their choice and to develop supports in the 
    community.
        ``(6) Community supports._The term `community supports' means 
    activities, services, supports, and other assistance designed to_
            ``(A) assist neighborhoods and communities to be more 
        responsive to the needs of individuals with developmental 
        disabilities and their families;
            ``(B) develop local networks that can provide informal 
        support; and
            ``(C) make communities accessible and enable communities to 
        offer their resources and opportunities to individuals with 
        developmental disabilities and their families.
    Such term includes community education, personal assistance 
    services, vehicular and home modifications, support at work, and 
    transportation.
        ``(7) Culturally competent._The term `culturally competent' 
    means services, supports or other assistance that are conducted or 
    provided in a manner that is responsive to the beliefs, 
    interpersonal styles, attitudes, language and behaviors of 
    individuals who are receiving services, and in a manner that has 
    the greatest likelihood of ensuring their maximum participation in 
    the program.
        ``(8) Developmental disability._The term `developmental 
    disability' means a severe, chronic disability of an individual 5 
    years of age or older that_
            ``(A) is attributable to a mental or physical impairment or 
        combination of mental and physical impairments;
            ``(B) is manifested before the individual attains age 22;
            ``(C) is likely to continue indefinitely;
            ``(D) results in substantial functional limitations in 
        three or more of the following areas of major life activity_
                ``(i) self-care;
                ``(ii) receptive and expressive language;
                ``(iii) learning;
                ``(iv) mobility;
                ``(v) self-direction;
                ``(vi) capacity for independent living; and
                ``(vii) economic self-sufficiency; and
            ``(E) reflects the individual's need for a combination and 
        sequence of special, interdisciplinary, or generic services, 
        supports, or other assistance that is of lifelong or extended 
        duration and is individually planned and coordinated,
    except that such term, when applied to infants and young children 
    means individuals from birth to age 5, inclusive, who have 
    substantial developmental delay or specific congenital or acquired 
    conditions with a high probability of resulting in developmental 
    disabilities if services are not provided.
        ``(9) Early intervention services._The term `early intervention 
    services' means services provided to infants, toddlers, young 
    children, and their families to_
            ``(A) enhance the development of infants, toddlers, and 
        young children with disabilities and to minimize their 
        potential for developmental delay; and
            ``(B) enhance the capacity of families to meet the special 
        needs of their infants, toddlers, and young children.
        ``(10) Employment activities._The term `employment activities' 
    means such priority area activities as will increase the 
    independence, productivity, and integration and inclusion into the 
    community of individuals with developmental disabilities in work 
    settings.
        ``(11) Family support service._The term `family support 
    service' means services, supports, and other assistance provided to 
    families with members with developmental disabilities that are 
    designed to_
            ``(A) strengthen the family's role as primary caregiver;
            ``(B) prevent inappropriate out-of-the-home placement and 
        maintain family unity; and
            ``(C) reunite families with members who have been placed 
        out of the home, whenever possible.
    Such term includes respite care, rehabilitation technology, 
    personal assistance services, parent training and counseling, 
    support for elderly parents, vehicular and home modifications, and 
    assistance with extraordinary expenses associated with the needs of 
    individuals with developmental disabilities.
        ``(12) Federal priority areas._The term `Federal priority 
    areas' means community living activities, employment activities, 
    child development activities, and system coordination and community 
    education activities.
        ``(13) Independence._The term `independence' means the extent 
    to which individuals with developmental disabilities exert control 
    and choice over their own lives.
        ``(14) Individual supports._The term `individual supports' 
    means services, supports, and other assistance that enable an 
    individual with a developmental disability to be independent, 
    productive, integrated, and included into such individual's 
    community, and that are designed to_
            ``(A) enable such individual to control such individual's 
        environment, permitting the most independent life possible;
            ``(B) prevent placement into a more restrictive living 
        arrangement than is necessary; and
            ``(C) enable such individual to live, learn, work, and 
        enjoy life in the community.
    Such term includes personal assistance services, rehabilitation 
    technology, vehicular and home modifications, support at work, and 
    transportation.
        ``(15) Integration and inclusion._The term `integration and 
    inclusion', with respect to individuals with developmental 
    disabilities, means_
            ``(A) the use by individuals with developmental 
        disabilities of the same community resources that are used by 
        and available to other citizens;
            ``(B) living in homes close to community resources, with 
        regular contact with citizens without disabilities in their 
        communities;
            ``(C) the full and active participation by individuals with 
        developmental disabilities in the same community activities and 
        types of employment as citizens without disabilities, and 
        utilization of the same community resources as citizens without 
        disabilities, living, learning, working, and enjoying life in 
        regular contact with citizens without disabilities; and
            ``(D) having friendships and relationships with individuals 
        and families of their own choosing.
        ``(16) Nonprofit._The term `nonprofit' means an agency, 
    institution, or organization that is owned or operated by one or 
    more corporations or associations, no part of the net earnings of 
    which inures, or may lawfully inure, to the benefit of any private 
    shareholder or individual.
        ``(17) Other organizations._The term `other organizations' 
    means those organizations that are not State agencies or nonprofit 
    agencies, except such organizations may be consulting firms, 
    independent proprietary businesses and providers, and local 
    community groups not organizationally incorporated, and that are 
    interested in supporting individuals with developmental 
    disabilities.
        ``(18) Personal assistance services._The term `personal 
    assistance services' means a range of services, provided by one or 
    more individuals, designed to assist an individual with a 
    disability to perform daily living activities on or off a job that 
    such individual would typically perform if such individual did not 
    have a disability. Such services shall be designed to increase such 
    individual's control in life and ability to perform everyday 
    activities on or off such job.
        ``(19) Prevention._The term `prevention' means activities that 
    address the causes of developmental disabilities and the 
    exacerbation of functional limitations, such as activities that_
            ``(A) eliminate or reduce the factors that cause or 
        predispose individuals to developmental disabilities or that 
        increase the prevalence of developmental disabilities;
            ``(B) increase the early identification of existing 
        problems to eliminate circumstances that create or increase 
        functional limitations; and
            ``(C) mitigate against the effects of developmental 
        disabilities throughout the individual's lifespan.
        ``(20) Productivity._The term `productivity' means_
            ``(A) engagement in income-producing work that is measured 
        by increased income, improved employment status, or job 
        advancement; or
            ``(B) engagement in work that contributes to a household or 
        community.
        ``(21) Protection and advocacy system._The term `protection and 
    advocacy system' means a protection and advocacy system established 
    in accordance with section 142.
        ``(22) Rehabilitation technology._The term `rehabilitation 
    technology' means the systematic application of technologies, 
    engineering methodologies, or scientific principles to meet the 
    needs of, and address the barriers confronted by, individuals with 
    developmental disabilities in areas that include education, 
    rehabilitation, employment, transportation, independent living, and 
    recreation. Such term includes rehabilitation engineering, 
    assistive technology devices, and assistive technology services.
        ``(23) Secretary._The term `Secretary' means the Secretary of 
    Health and Human Services.
        ``(24) Service coordination activities._The term `service 
    coordination activities' (also referred to as `case management 
    activities') means activities that assist and enable individuals 
    with developmental disabilities and their families to access 
    services, supports and other assistance, and includes_
            ``(A) the provision of information to individuals with 
        developmental disabilities and their families about the 
        availability of services, supports, and other assistance;
            ``(B) assistance in obtaining appropriate services, 
        supports, and other assistance, which may include facilitating 
        and organizing such assistance;
            ``(C) coordination and monitoring of services, supports, 
        and other assistance provided singly or in combination to 
        individuals with developmental disabilities and their families 
        to ensure accessibility, continuity, and accountability of such 
        assistance; and
            ``(D) follow-along services that ensure, through a 
        continuing relationship, that the changing needs of individuals 
        with developmental disabilities and their families are 
        recognized and appropriately met.
        ``(25) State._The term `State', except as provided in section 
    155, includes, in addition to each of the several States of the 
    United States, the District of Columbia, the Commonwealth of Puerto 
    Rico, the United States Virgin Islands, Guam, American Samoa, the 
    Commonwealth of the Northern Mariana Islands, and the Republic of 
    Palau (until the Compact of Free Association with Palau takes 
    effect).
        ``(26) State developmental disabilities council._The term 
    `State Developmental Disabilities Council' means a Council 
    established under section 124.
        ``(27) State priority area._The term `State priority area' 
    means priority area activities in an area considered essential by 
    the State Developmental Disabilities Council.
        ``(28) Supported employment._The term `supported employment' 
    means competitive work in integrated work settings for individuals 
    with developmental disabilities_
            ``(A)(i) for whom competitive employment has not 
        traditionally occurred; or
            ``(ii) for whom competitive employment has been interrupted 
        or intermittent as a result of a severe disability; and
            ``(B) who, because of the nature and severity of their 
        disability, need intensive supported employment services or 
        extended services in order to perform such work.
        ``(29) System coordination and community education activities._
    The term `system coordination and community education activities' 
    means activities that_
            ``(A) eliminate barriers to access and eligibility for 
        services, supports, and other assistance;
            ``(B) enhance systems design, redesign, and integration, 
        including the encouragement of the creation of local service 
        coordination and information and referral statewide systems;
            ``(C) enhance individual, family, and citizen participation 
        and involvement; and
            ``(D) develop and support coalitions and individuals 
        through training in self-advocacy, educating policymakers, and 
        citizen leadership skills.
        ``(30) University affiliated program._The term `university 
    affiliated program' means a university affiliated program 
    established under section 152.
        ``(31) Unserved and underserved._The term `unserved and 
    underserved' includes populations such as individuals from racial 
    and ethnic minority backgrounds, disadvantaged individuals, 
    individuals with limited-English proficiency, individuals from 
    underserved geographic areas (rural or urban), and specific groups 
    of individuals within the population of individuals with 
    developmental disabilities, including individuals with 
    developmental disabilities attributable to physical impairment, 
    mental impairment, or a combination of physical and mental 
    impairments.''.

SEC. 104. FEDERAL SHARE.

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

SEC. 105. RECORDS AND AUDITS.

    (a) Section Heading._Section 104 (42 U.S.C. 6003) is amended_
        (1) by striking ``Sec. 104.''; and
        (2) in the section heading, by striking ``records and audit'' 
    and inserting the following new section heading:

``SEC. 104. RECORDS AND AUDITS.''.

    (b) Records and Audits._Section 104 (42 U.S.C. 6003) is amended_
        (1) in subsection (a)_
            (A) by striking ``Each'' and inserting ``Records._Each'';
            (B)bystriking``including''and inserting ``including_'';
            (C) by realigning the margins of subparagraphs (A), (B), 
        and (C) of paragraph (1) so as to align with the margins of 
        subparagraphs (A) and (B) of paragraph (28) of section 102;
            (D) by realigning the margins of paragraphs (1) and (2) so 
        as to align with the margin of paragraph (30) of section 102;
            (E) in paragraph (1), by striking ``disclose'' and 
        inserting ``disclose_''; and
            (F) by striking the comma each place such appears and 
        inserting a semicolon; and
        (2) in subsection (b), by striking ``The Secretary'' and 
    inserting ``Access._The Secretary''.

SEC. 106. RECOVERY.

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

SEC. 107. STATE CONTROL OF OPERATIONS.

    Section 106 (42 U.S.C. 6005) is amended_
        (1) by striking ``Sec. 106.'';
        (2) in the section heading, by striking ``state control of 
    operations'' and inserting the following new section heading:

``SEC. 106. STATE CONTROL OF OPERATIONS.'';

    and
        (3) by striking ``facility for persons'' and inserting 
    ``programs, services, and supports for individuals''.

SEC. 108. REPORTS.

    (a) Section Heading._Section 107 (42 U.S.C. 6006) is amended_
        (1) by striking ``Sec. 107.''; and
        (2) in the section heading, by striking ``reports'' and 
    inserting the following new section heading:

``SEC. 107. REPORTS.''.

    (b) Reports._Section 107 (42 U.S.C. 6006) is amended_
        (1) in subsection (a)_
            (A) in the matter preceding paragraph (1)_
                (i) by striking, ``By January'' and inserting 
            ``Developmental Disabilities Council Reports._By January'';
                (ii) by striking ``the State Planning Council of each 
            State'' and inserting ``each State Developmental 
            Disabilities Council'';
                (iii) by striking ``a report concerning'' and inserting 
            ``a report of''; and
                (iv) by striking ``such report'' and inserting 
            ``report'';
            (B) in paragraph (1), by striking ``of such activities'' 
        and all that follows through ``from such activities'' and 
        inserting ``of activities and accomplishments'';
            (C) in paragraph (2)_
                (i) by striking ``such accomplishments'' and inserting 
            ``accomplishments''; and
                (ii) by striking ``by the State'';
            (D) in paragraph (4)_
                (i) by striking ``Planning'' and inserting 
            ``Developmental Disabilities'';
                (ii) by striking ``each'' each place such term appears;
                (iii) by striking ``report'' and inserting ``reports'';
                (iv) by striking ``1902(a)(31)(C)'' and inserting 
            ``1902(a)(31)'';
                (v) by striking ``plan'' and inserting ``plans''; and
                (vi) by striking ``; and'' and inserting a semicolon;
            (E) by striking paragraph (5); and
            (F) by adding at the end the following new paragraphs:
        ``(5) a description of_
            ``(A) the trends and progress made in the State concerning 
        systemic change (including policy reform), capacity building, 
        advocacy, and other actions on behalf of individuals with 
        developmental disabilities, with attention to individuals who 
        are traditionally unserved and underserved, particularly 
        individuals who are members of ethnic and racial minority 
        groups, and individuals from underserved geographic areas;
            ``(B) systemic change, capacity building, and advocacy 
        activities that affect individuals with disabilities other than 
        developmental disabilities; and
            ``(C) a summary of actions taken to improve access and 
        services for unserved and underserved groups;
        ``(6) a description of resources leveraged by activities 
    directly attributable to State Developmental Disabilities Council 
    actions; and
        ``(7) a description of the method by which the State 
    Developmental Disabilities Council shall widely disseminate the 
    annual report to affected constituencies as well as the general 
    public and to assure that the report is available in accessible 
    formats.'';
        (2) in subsection (b)_
            (A) by striking ``By January'' and inserting ``Protection 
        and Advocacy System Reports._By January''; and
            (B) by inserting before the period ``, including a 
        description of the system's priorities for such fiscal year, 
        the process used to obtain public input, the nature of such 
        input, and how such input was used''; and
        (3) in subsection (c)_
            (A) by realigning the margins of subparagraphs (A) and (B) 
        of paragraph (1) so as to align with the margins of 
        subparagraph (C) of such paragraph;
            (B) by realigning the margins of paragraphs (1) and (2) so 
        as to align with the margin of paragraph (1) of subsection (a);
            (C) by striking the subsection designation and inserting 
        ``(c) Secretary Reports._'';
            (D) by striking ``(1) By'' and inserting the following:
        ``(1) In general._By'';
            (E) in paragraph (1)_
                (i) in subparagraph (B)_

                    (I) by striking ``integration'' each place such 
                term appears and inserting ``integration and 
                inclusion''; and
                    (II) by striking ``persons'' and inserting 
                ``individuals'';

                (ii) by striking subparagraph (C) and inserting the 
            following new subparagraph:
            ``(C)(i) the trends and progress made in the States 
        concerning systemic change (including policy reform), capacity 
        building, advocacy, and other actions on behalf of individuals 
        with developmental disabilities, with attention to individuals 
        who are traditionally unserved and underserved, particularly 
        individuals who are members of ethnic and racial minority 
        groups, and individuals from underserved geographic areas;
            ``(ii) systemic change, capacity building, and advocacy 
        activities that affect individuals with disabilities other than 
        developmental disabilities; and
            ``(iii) a summary of actions taken to improve access and 
        services for unserved and underserved groups;''; and
                (iii) in subparagraph (D), by striking ``persons'' and 
            inserting ``individuals''; and
            (F) in paragraph (2)_
                (i) by striking ``use and include'' and inserting 
            ``include and analyze'';
                (ii) by striking ``to the Secretary''; and
                (iii) by striking ``In preparing'' and inserting 
            ``Inclusion of council and system information._In 
            preparing''.

SEC. 109. RESPONSIBILITIES OF THE SECRETARY.

    (a) Section Heading._Section 108 (42 U.S.C. 6007) is amended_
        (1) by striking ``Sec. 108.''; and
        (2) in the section heading, by striking ``responsibilities of 
    the secretary'' and inserting the following new section heading:

``SEC. 108. RESPONSIBILITIES OF THE SECRETARY.''.

    (b) Responsibilities._Section 108 (42 U.S.C. 6007) is amended_
        (1) in subsection (a), by striking ``The Secretary'' and 
    inserting ``Regulations._The Secretary''; and
        (2) in subsection (b)_
            (A) by striking ``Within ninety'' and inserting 
        ``Interagency Committee._Within 90''; and
            (B) by striking ``Administration for Developmental 
        Disabilities'' and inserting ``Administration on Developmental 
        Disabilities,''.

SEC. 110. EMPLOYMENT OF HANDICAPPED INDIVIDUALS.

    (a) Section Heading._Section 109 (42 U.S.C. 6008) is amended_
        (1) by striking ``Sec. 109.''; and
        (2) in the section heading, by striking ``employment of 
    handicapped individuals'' and inserting the following new section 
    heading:

``SEC. 109. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.''.

    (b) Employment._Section 109 (42 U.S.C. 6008) is amended_
        (1) by striking ``handicapped individuals'' and inserting 
    ``individuals with disabilities'';
        (2) by striking ``Act of'' and inserting ``Act of 1973''; and
        (3) by striking ``which govern'' and all that follows through 
    ``subcontracts.'' and inserting the following: ``that govern 
    employment_
        ``(1) by State rehabilitation agencies and community 
    rehabilitation programs; and
        ``(2) under Federal contracts and subcontracts.''.

SEC. 111. RIGHTS OF THE DEVELOPMENTALLY DISABLED.

    (a) Section Heading._Section 110 (42 U.S.C. 6009) is amended_
        (1) by striking ``Sec. 110.''; and
        (2) in the section heading, by striking ``rights of the 
    developmentally disabled'' and inserting the following new section 
    heading:
``SEC. 110. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.''.
    (b) Rights._Section 110 (42 U.S.C. 6009) is amended_
        (1) in the matter preceding paragraph (1) by striking 
    ``persons'' and inserting ``individuals'';
        (2) in paragraph (1), by striking ``Persons'' and inserting 
    ``Individuals'';
        (3) in paragraph (2)_
            (A) by striking ``a person'' and inserting ``an 
        individual'';
            (B) by striking ``the person'' and inserting ``the 
        individual''; and
            (C) by striking ``the person's'' and inserting ``the 
        individual's'';
        (4) in paragraph (3), by striking ``persons'' each place such 
    term appears and inserting ``individuals'';
        (5) in paragraph (4), by striking ``persons'' each place such 
    term appears and inserting ``individuals''; and
        (6) in the matter following subparagraph (C) of paragraph (4), 
    by striking ``persons'' each place such term appears and inserting 
    ``individuals''.

     TITLE II_FEDERAL ASSISTANCE FOR PRIORITY AREA ACTIVITIES FOR 
              INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

SEC. 201. PART HEADING.

    The heading of Part B of title I of the Act is amended to read as 
follows:

    ``PART B_FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES 
                              COUNCILS''.

SEC. 202. PURPOSE.

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

``SEC. 121. PURPOSE.

    ``The purpose of this part is to provide for allotments to support 
State Developmental Disabilities Councils in each State to promote, 
through systemic change, capacity building, and advocacy activities 
that are consistent with the policy under section 101(c)(2), the 
development of a consumer and family-centered, comprehensive system and 
a coordinated array of culturally competent services, supports, and 
other assistance designed to achieve independence, productivity, and 
integration and inclusion into the community for individuals with 
developmental disabilities.''.

SEC. 203. STATE PLANS.

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

``SEC. 122. STATE PLAN.

    ``(a) In General._Any State desiring to take advantage of this part 
shall have a State plan submitted to, and approved by, the Secretary 
under this section.
    ``(b) Planning Cycle._The plan under subsection (a) shall be 
reviewed annually and revised at least once every 3 years.
    ``(c) State Plan Requirements._In order to be approved by the 
Secretary under this section, a State plan shall meet the requirements 
in paragraphs (1) through (5).
        ``(1) State council._The plan shall provide for the 
    establishment and maintenance of a State Developmental Disabilities 
    Council in accordance with section 124 and describe the membership 
    of such Council.
        ``(2) Designated state agency._The plan shall identify the 
    agency or office within the State designated to support the State 
    Developmental Disabilities Council in accordance with this section 
    and section 124(d).
        ``(3) Comprehensive review and analysis._The plan shall contain 
    a comprehensive review and analysis of the extent to which services 
    and supports are available to, and the need for services and 
    supports for, individuals with developmental disabilities and their 
    families. Such review and analysis shall include_
            ``(A) a description of the services, supports and other 
        assistance being provided to, or to be provided to, individuals 
        with developmental disabilities and their families under other 
        federally assisted State programs, plans, and policies that the 
        State conducts and in which individuals with developmental 
        disabilities are or may be eligible to participate, including 
        programs relating to education, job training, vocational 
        rehabilitation, public assistance, medical assistance, social 
        services, child welfare, maternal and child health, aging, 
        programs for children with special health care needs, 
        children's mental health, housing, transportation, technology, 
        comprehensive health and mental health, and such other programs 
        as the Secretary may specify;
            ``(B) a description of the extent to which agencies 
        operating such other federally assisted State programs pursue 
        interagency initiatives to improve and enhance services, 
        supports, and other assistance for individuals with 
        developmental disabilities; and
            ``(C) an examination of the provision, and the need for the 
        provision, in the State of the four Federal priority areas and 
        an optional State priority area, including_
                ``(i) an analysis of such Federal and State priority 
            areas in relation to the degree of support for individuals 
            with developmental disabilities attributable to either 
            physical impairment, mental impairment, or a combination of 
            physical and mental impairments;
                ``(ii) an analysis of criteria for eligibility for 
            services, including specialized services and special 
            adaptation of generic services provided by agencies within 
            the State, that may exclude individuals with developmental 
            disabilities from receiving such services;
                ``(iii) an analysis of the barriers that impede full 
            participation of members of unserved and underserved 
            groups;
                ``(iv) consideration of the report conducted pursuant 
            to section 124(e);
                ``(v) consideration of the data collected by the State 
            educational agency under section 618 of the Individuals 
            with Disabilities Education Act;
                ``(vi) an analysis of services, assistive technology, 
            or knowledge that may be unavailable to assist individuals 
            with developmental disabilities;
                ``(vii) an analysis of existing and projected fiscal 
            resources;
                ``(viii) an analysis of any other issues identified by 
            the State Developmental Disabilities Council; and
                ``(ix) the formulation of objectives in systemic 
            change, capacity building, and advocacy to address the 
            issues described in clauses (i) through (vi) for all 
            subpopulations of individuals with developmental 
            disabilities that may be identified by the State 
            Developmental Disabilities Council.
        ``(4) Plan objectives._The plan shall_
            ``(A) specify employment, and at the discretion of the 
        State, any or all of the three other Federal priority areas and 
        an optional State priority area that are selected by the State 
        Developmental Disabilities Council for such Council's major 
        systemic change, capacity building, and advocacy activities to 
        be addressed during the plan period and describe the extent and 
        scope of the Federal and State priority areas that will be 
        addressed under the plan in the fiscal year;
            ``(B) describe the specific 1-year and 3-year objectives to 
        be achieved and include a listing of the programs, activities, 
        and resources by which the State Developmental Disabilities 
        Council will implement its systemic change, capacity building, 
        and advocacy activities in selected priority areas, and set 
        forth the non-Federal share required to carry out each 
        objective; and
            ``(C) establish a method for the periodic evaluation of the 
        plan's effectiveness in meeting the objectives described in 
        subparagraph (B).
        ``(5) Assurances._The plan shall contain or be supported by the 
    assurances described in subparagraphs (A) through (N), which are 
    satisfactory to the Secretary.
            ``(A) Use of funds._With respect to the funds paid to the 
        State under section 125, the plan shall provide assurances 
        that_
                ``(i) such funds will be used to make a significant 
            contribution toward enhancing the independence, 
            productivity, and integration and inclusion into the 
            community of individuals with developmental disabilities in 
            various political subdivisions of the State;
                ``(ii) such funds will be used to supplement and to 
            increase the level of funds that would otherwise be made 
            available for the purposes for which Federal funds are 
            provided and not to supplant non-Federal funds;
                ``(iii) such funds will be used to complement and 
            augment rather than duplicate or replace services for 
            individuals with developmental disabilities and their 
            families who are eligible for Federal assistance under 
            other State programs;
                ``(iv) part of such funds will be made available by the 
            State to public or private entities;
                ``(v) not more than 25 percent of such funds will be 
            allocated to the agency designated under section 124(d) for 
            service demonstration by such agency and that such funds 
            and demonstration services have been explicitly authorized 
            by the State Developmental Disabilities Council;
                ``(vi) not less than 65 percent of the amount available 
            to the State under section 125 shall be expended for 
            activities in the Federal priority area of employment 
            activities, and, at the discretion of the State, activities 
            in any or all of the three other Federal priority areas and 
            an optional State priority area; and
                ``(vii) the remainder of the amount available to the 
            State from allotments under section 125 (after making 
            expenditures required by clause (vi)) shall be used for the 
            planning, coordination, administration, and implementation 
            of priority area activities, and other activities relating 
            to systemic change, capacity building, and advocacy to 
            implement the responsibilities of the State Developmental 
            Disabilities Council pursuant to section 124(c).
            ``(B) State financial participation._The plan shall provide 
        assurances that there will be reasonable State financial 
        participation in the cost of carrying out the State plan.
            ``(C) Conflict of interest._The plan shall provide 
        assurances that the State Developmental Disabilities Council 
        has approved conflict of interest policies as of October 1, 
        1994, to ensure that no member of such Council shall cast a 
        vote on any matter that would provide direct financial benefit 
        to the member or otherwise give the appearance of a conflict of 
        interest.
            ``(D) Urban and rural poverty areas._The plan shall provide 
        assurances that special financial and technical assistance 
        shall be given to organizations that provide services, 
        supports, and other assistance to individuals with 
        developmental disabilities who live in areas designated as 
        urban or rural poverty areas.
            ``(E) Program standards._The plan shall provide assurances 
        that programs, projects, and activities assisted under the 
        plan, and the buildings in which such programs, projects, and 
        activities are operated, will meet standards prescribed by the 
        Secretary in regulation and all applicable Federal and State 
        accessibility standards.
            ``(F) Individualized services._The plan shall provide 
        assurances that any direct services provided to individuals 
        with developmental disabilities and funded under this plan will 
        be provided in an individualized manner, consistent with unique 
        strengths, resources, priorities, concerns, abilities, and 
        capabilities of an individual.
            ``(G) Human rights._The plan shall provide assurances that 
        the human rights of all individuals with developmental 
        disabilities (especially those individuals without familial 
        protection) who are receiving services under programs assisted 
        under this part will be protected consistent with section 110 
        (relating to rights of individuals with developmental 
        disabilities).
            ``(H) Minority participation._The plan shall provide 
        assurances that the State has taken affirmative steps to assure 
        that participation in programs under this part is 
        geographically representative of the State, and reflects the 
        diversity of the State with respect to race and ethnicity.
            ``(I) Intermediate care facility for the mentally retarded 
        survey reports._The plan shall provide assurances that the 
        State will provide the State Developmental Disabilities Council 
        with a copy of each annual survey report and plan of 
        corrections for cited deficiencies prepared pursuant to section 
        1902(a)(31) of the Social Security Act with respect to any 
        intermediate care facility for the mentally retarded in such 
        State not less than 30 days after the completion of each such 
        report or plan.
            ``(J) Volunteers._The plan shall provide assurances that 
        the maximum utilization of all available community resources 
        including volunteers serving under the Domestic Volunteer 
        Service Act of 1973 and other appropriate voluntary 
        organizations will be provided for, except that such volunteer 
        services shall supplement, and shall not be in lieu of, 
        services of paid employees.
            ``(K) Employee protections._The plan shall provide 
        assurances that fair and equitable arrangements (as determined 
        by the Secretary after consultation with the Secretary of 
        Labor) will be provided to protect the interests of employees 
        affected by actions under the plan to provide community living 
        activities, including arrangements designed to preserve 
        employee rights and benefits and to provide training and 
        retraining of such employees where necessary and arrangements 
        under which maximum efforts will be made to guarantee the 
        employment of such employees.
            ``(L) Staff assignments._The plan shall provide assurances 
        that the staff and other personnel of the State Developmental 
        Disabilities Council, while working for the Council, are 
        responsible solely for assisting the Council in carrying out 
        its duties under this part and are not assigned duties by the 
        designated State agency or any other agency or office of the 
        State.
            ``(M) Noninterference._The plan shall provide assurances 
        that the designated State agency or other office of the State 
        will not interfere with systemic change, capacity building, and 
        advocacy activities, budget, personnel, State plan development, 
        or plan implementation of the State Developmental Disabilities 
        Council, except that the designated State agency shall have the 
        authority necessary to carry out the responsibilities described 
        in section 124(d)(3).
            ``(N) Other assurances._The plan shall contain such 
        additional information and assurances as the Secretary may find 
        necessary to carry out the provisions and purposes of this 
        part.
    ``(d) Public Review, Submission, and Approval._
        ``(1) Public review._The plan shall be made available for 
    public review and comment with appropriate and sufficient notice in 
    accessible formats and take into account and respond to significant 
    suggestions, as prescribed by the Secretary in regulation.
        ``(2) Consultation with the designated state agency._Before the 
    plan is submitted to the Secretary, the State Developmental 
    Disabilities Council shall consult with the designated State agency 
    to ensure that the State plan is consistent with State law and to 
    obtain appropriate State plan assurances.
        ``(3) Plan approval._The Secretary shall approve any State plan 
    and annual updates of such plan that comply with the provisions of 
    subsections (a), (b), and (c). The Secretary may not finally 
    disapprove a State plan except after providing reasonable notice 
    and an opportunity for a hearing to the State.''.

SEC. 204. HABILITATION PLANS.

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

SEC. 205. COUNCILS.

    Section 124 (42 U.S.C. 6024) is amended to read as follows:
``SEC. 124. STATE DEVELOPMENTAL DISABILITIES COUNCILS AND DESIGNATED 
STATE AGENCIES.
    ``(a) In General._Each State that receives assistance under this 
part shall establish and maintain a State Developmental Disabilities 
Council (hereafter in this section referred to as the `Council') to 
promote, through systemic change, capacity building, and advocacy 
activities (consistent with section 101(c)(2)), the development of a 
consumer and family-centered comprehensive system and a coordinated 
array of culturally competent services, supports and other assistance 
designed to achieve independence, productivity, and integration and 
inclusion into the community for individuals with developmental 
disabilities. The Council shall have the authority to fulfill its 
responsibilities described in subsection (c).
    ``(b) Council Membership._
        ``(1) Council appointments._The members of the Council of a 
    State shall be appointed by the Governor of the State from among 
    the residents of that State. The Governor shall select members of 
    the Council, at his or her discretion, after soliciting 
    recommendations from organizations representing a broad range of 
    individuals with developmental disabilities and individuals 
    interested in individuals with developmental disabilities, 
    including the non-State agency members of the Council. The Council 
    may, at the request of the Governor, coordinate Council and public 
    input to the Governor regarding all recommendations. To the extent 
    feasible, the membership of the Council shall be geographically 
    representative of the State and reflect the diversity of the State 
    with respect to race and ethnicity.
        ``(2) Membership rotation._The Governor shall make appropriate 
    provisions to rotate the membership of the Council. Such provisions 
    shall allow members to continue to serve on the Council until such 
    members' successors are appointed. The Council shall notify the 
    Governor regarding membership requirements, when vacancies remain 
    unfilled for a significant period of time.
        ``(3) Representation of agencies and organizations._Each 
    Council shall at all times include representatives of the principal 
    State agencies (including the State agencies that administer funds 
    provided under the Rehabilitation Act of 1973, the Individuals with 
    Disabilities Education Act, the Older Americans Act, and title XIX 
    of the Social Security Act), institutions of higher education, each 
    university affiliated program in the State established under part 
    D, the State protection and advocacy system established under part 
    C, and local agencies, nongovernmental agencies, and private 
    nonprofit groups concerned with services for individuals with 
    developmental disabilities in the State in which such agencies and 
    groups are located. Such representatives shall_
            ``(A) have sufficient authority to engage in policy 
        planning and implementation on behalf of the department, 
        agency, or program such representatives represent; and
            ``(B) recuse themselves from any discussion of grants or 
        contracts for which such representatives' departments, 
        agencies, or programs are grantees or applicants and comply 
        with the conflict of interest policies required under section 
        122(c)(5)(C).
        ``(4) Representation of individuals with developmental 
    disabilities._Not less than 50 percent of the membership of each 
    Council shall consist of individuals who are_
            ``(A)(i) individuals with developmental disabilities;
            ``(ii) parents or guardians of children with developmental 
        disabilities; or
            ``(iii) immediate relatives or guardians of adults with 
        mentally impairing developmental disabilities who cannot 
        advocate for themselves; and
            ``(B) not employees of a State agency that receives funds 
        or provides services under this part, and who are not managing 
        employees (as defined in section 1126(b) of the Social Security 
        Act) of any other entity that receives funds or provides 
        services under this part.
        ``(5) Composition of membership with developmental 
    disabilities._Of the members of the Council described in paragraph 
    (4)_
            ``(A) one-third shall be individuals with developmental 
        disabilities as described in paragraph (4)(A)(i);
            ``(B) one-third shall be parents of children with 
        developmental disabilities as described in paragraph 
        (4)(A)(ii), and immediate relatives or guardians of adults with 
        mentally impairing developmental disabilities as described in 
        paragraph (4)(A)(iii); and
            ``(C) one-third shall be a combination of individuals 
        described in paragraph (4)(A).
        ``(6) Institutionalized individuals._Of the members of the 
    Council described in paragraph (5), at least one shall be an 
    immediate relative or guardian of an institutionalized or 
    previously institutionalized individual with a developmental 
    disability or an individual with a developmental disability who 
    resides or previously resided in an institution. This paragraph 
    shall not apply with respect to a State if such an individual does 
    not reside in that State.
    ``(c) Council Responsibilities._A Council, through Council members, 
staff, consultants, contractors, or subgrantees, shall have the 
responsibilities described in paragraphs (1) through (11).
        ``(1) Systemic change, capacity building, and advocacy 
    activities._The Council shall serve as an advocate for individuals 
    with developmental disabilities and conduct programs, projects, and 
    activities that carry out the purpose under section 121.
        ``(2) Examination of priority areas._Not less than once every 3 
    years, the Council shall examine the provision of and need for the 
    four Federal priority areas and an optional State priority area to 
    address, on a statewide and comprehensive basis, urgent needs for 
    services, supports, and other assistance for individuals with 
    developmental disabilities and their families, pursuant to section 
    122.
        ``(3) State plan development._The Council shall develop and 
    submit to the Secretary the State plan required under section 122 
    after consultation with the designated State agency under the State 
    plan. Such consultation shall be solely for the purposes of 
    obtaining State assurances and ensuring consistency of the plan 
    with State law.
        ``(4) State plan implementation._The Council shall implement 
    the State plan by conducting and supporting the Federal priority 
    area of employment, not less than one of the remaining three 
    Federal priority areas, and an optional State priority area as 
    defined in section 102, through systemic change, capacity building, 
    and advocacy activities such as those described in subparagraphs 
    (A) through (K).
            ``(A) Demonstration of new approaches._The Council may 
        conduct, on a time-limited basis, the demonstration of new 
        approaches to enhance the independence, productivity, and 
        integration and inclusion into the community of individuals 
        with developmental disabilities. This may include making 
        successful demonstrations generally available through sources 
        of funding other than funding under this part, and may also 
        include assisting those conducting such successful 
        demonstration activities to develop strategies for securing 
        funding from other sources.
            ``(B) Outreach._The Council may conduct activities to reach 
        out to assist and enable individuals with developmental 
        disabilities and their families who otherwise might not come to 
        the attention of the Council to obtain services, supports, and 
        other assistance, including access to special adaptation of 
        generic services or specialized services.
            ``(C) Training._The Council may conduct training for 
        individuals with developmental disabilities, their families, 
        and personnel (including professionals, paraprofessionals, 
        students, volunteers, and other community members) to enable 
        such individuals to obtain access to, or to provide, services, 
        supports and other assistance, including special adaptation of 
        generic services or specialized services for individuals with 
        developmental disabilities and their families. To the extent 
        that training activities are provided, such activities shall be 
        designed to promote the empowerment of individuals with 
        developmental disabilities and their families.
            ``(D) Supporting communities._The Council may assist 
        neighborhoods and communities to respond positively to 
        individuals with developmental disabilities and their families 
        by encouraging local networks to provide informal and formal 
        supports and enabling communities to offer such individuals and 
        their families access, resources, and opportunities.
            ``(E) Interagency collaboration and coordination._The 
        Council may promote interagency collaboration and coordination 
        to better serve, support, assist, or advocate for individuals 
        with developmental disabilities and their families.
            ``(F) Coordination with related councils, committees, and 
        programs._The Council may conduct activities to enhance 
        coordination with_
                ``(i) other councils or committees, authorized by 
            Federal or State law, concerning individuals with 
            disabilities (such as the State Interagency Coordinating 
            Council under part H of the Individuals with Disabilities 
            Education Act, the State Rehabilitation Advisory Council 
            and the Statewide Independent Living Council under the 
            Rehabilitation Act of 1973, the State Mental Health 
            Planning Council under part B of title XIX of the Public 
            Health Service Act and other similar councils or 
            committees);
                ``(ii) parent training and information centers under 
            part D of the Individuals with Disabilities Education Act 
            and other federally funded projects that assist parents of 
            children with disabilities; and
                ``(iii) other groups interested in systemic change, 
            capacity building, and advocacy for individuals with 
            disabilities.
            ``(G) Barrier elimination, systems design, and citizen 
        participation._The Council may conduct activities to eliminate 
        barriers, enhance systems design and redesign, and enhance 
        citizen participation to address issues identified in the State 
        plan.
            ``(H) Public education and coalition development._The 
        Council may conduct activities to educate the public about the 
        capabilities, preferences, and needs of individuals with 
        developmental disabilities and their families and to develop 
        and support coalitions that support the policy agenda of the 
        Council, including training in self-advocacy, educating 
        policymakers, and citizen leadership skills.
            ``(I) Informing policymakers._The Council may provide 
        information to Federal, State, and local policymakers, 
        including the Congress, the Federal executive branch, the 
        Governor, State legislature, and State agencies, in order to 
        increase the ability of such policymakers to offer 
        opportunities and to enhance or adapt generic services or 
        provide specialized services to individuals with developmental 
        disabilities and their families by conducting studies and 
        analyses, gathering information, and developing and 
        disseminating model policies and procedures, information, 
        approaches, strategies, findings, conclusions, and 
        recommendations.
            ``(J) Prevention._The Council may conduct prevention 
        activities as defined in section 102.
            ``(K) Other activities._The Council may conduct other 
        systemic change, capacity building, and advocacy activities to 
        promote the development of a consumer and family-centered 
        comprehensive system and a coordinated array of culturally 
        competent services, supports and other assistance designed to 
        achieve independence, productivity, and integration and 
        inclusion into the community of individuals with developmental 
        disabilities throughout the State on a comprehensive basis.
        ``(5) State plan monitoring._Not less than once each year, the 
    Council shall monitor, review, and evaluate the implementation and 
    effectiveness of the State plan in meeting such plan's objectives.
        ``(6) Review of designated state agency._The Council shall 
    periodically review the designated State agency with respect to the 
    activities carried out under this Act and make any recommendations 
    for change to the Governor.
        ``(7) Reports._The Council shall submit to the Secretary, 
    through the Governor, periodic reports on its activities as the 
    Secretary may reasonably request, and keep such records and afford 
    such access thereto as the Secretary finds necessary to verify such 
    reports.
        ``(8) Budget._Each Council shall prepare, approve, and 
    implement a budget using amounts paid to the State under this part 
    to fund and implement all programs, projects, and activities under 
    this part including_
            ``(A) conducting such hearings and forums as the Council 
        may determine to be necessary to carry out the duties of the 
        Council, reimbursing Council members of the Council for 
        reasonable and necessary expenses for attending Council 
        meetings and performing Council duties (including child care 
        and personal assistance services), paying compensation to a 
        member of the Council, if such member is not employed or must 
        forfeit wages from other employment, for each day such member 
        is engaged in performing the duties of the Council, supporting 
        Council member and staff travel to authorized training and 
        technical assistance activities including inservice training 
        and leadership development, and appropriate subcontracting 
        activities;
            ``(B) hiring and maintaining sufficient numbers and types 
        of staff (qualified by training and experience) and obtaining 
        the services of such professional, consulting, technical, and 
        clerical personnel (qualified by training and experience), 
        consistent with State law, as the Council determines to be 
        necessary to carry out its functions under this part, except 
        that such State shall not apply hiring freezes, reductions in 
        force, prohibitions on staff travel, or other policies, to the 
        extent that such policies would impact staff or functions 
        funded with Federal funds and would prevent the Council from 
        carrying out its functions under this Act; and
            ``(C) directing the expenditure of funds for grants, 
        contracts, interagency agreements that are binding contracts, 
        and other activities authorized by the approved State plan.
        ``(9) Staff hiring and supervision._A Council shall, consistent 
    with State law, recruit and hire a Director of the Council, should 
    the position of Director become vacant, and supervise and annually 
    evaluate the Director. The Director shall hire, supervise, and 
    annually evaluate the staff of the Council. Council recruitment and 
    hiring of staff shall be consistent with Federal and State 
    nondiscrimination laws. Dismissal of personnel shall be consistent 
    with State law and personnel policies.
        ``(10) Staff assignments._The staff and other personnel, while 
    working for the Council, shall be responsible solely for assisting 
    the Council in carrying out its duties under this part and shall 
    not be assigned duties by the designated State agency or any other 
    agency or office of the State.
        ``(11) Construction._
            ``(A) Activities of the Council._Nothing in this part shall 
        be construed to preclude a Council from engaging in systemic 
        change, capacity building, and advocacy activities for 
        individuals with disabilities other than developmental 
        disabilities, where appropriate.
            ``(B) Authority of the Council._Nothing in this Act shall 
        be construed to authorize a Council to direct, control, or 
        exercise any policymaking authority or administrative authority 
        over any program assisted under the Rehabilitation Act of 1973 
        (29 U.S.C. 701 et seq.) and the Individuals with Disabilities 
        Education Act (20 U.S.C. 1400 et seq.).
    ``(d) Designated State Agency._
        ``(1) In general._Each State that receives assistance under 
    this part shall designate the State agency that shall, on behalf of 
    the State, provide support to the Council. After the date of 
    enactment of the Developmental Disabilities Assistance and Bill of 
    Rights Act Amendments of 1994, any designation of a State agency 
    shall be made in accordance with the requirements of this 
    subsection.
        ``(2) Designation._
            ``(A) Type of agency._Except as provided in this 
        subsection, the designated State agency shall be_
                ``(i) the Council if such Council may be the designated 
            State agency under the laws of the State;
                ``(ii) a State agency that does not provide or pay for 
            services made available to individuals with developmental 
            disabilities; or
                ``(iii) a State office, including the immediate office 
            of the Governor of the State or a State planning office.
            ``(B) Conditions for continuation of state service agency 
        designation._
                ``(i) Designation before enactment._If a State agency 
            that provides or pays for services for individuals with 
            developmental disabilities was a designated State agency 
            for purposes of this part on the date of enactment of the 
            Developmental Disabilities Assistance and Bill of Rights 
            Act Amendments of 1994, and the Governor of the State (or 
            legislature, where appropriate and in accordance with State 
            law) determines prior to June 30, 1994, not to change the 
            designation of such agency, such agency may continue to be 
            a designated State agency for purposes of this part.
                ``(ii) Criteria for continued designation._The 
            determination at the discretion of the Governor (or 
            legislature as the case may be) shall be made after the 
            Governor has considered the comments and recommendations of 
            the general public and a majority of the non-State agency 
            members of the Council with respect to the designation of 
            such State agency, and after the Governor (or legislature 
            as the case may be) has made an independent assessment that 
            the designation of such agency shall not interfere with the 
            budget, personnel, priorities, or other action of the 
            Council, and the ability of the Council to serve as an 
            advocate for individuals with developmental disabilities.
            ``(C) Review of designation._After April 1, 1994, the 
        Council may request a review of the designation of the 
        designated State agency by the Governor (or legislature as the 
        case may be). The Council shall provide documentation 
        concerning the reason the Council desires a change to be made 
        and make a recommendation to the Governor (or legislature as 
        the case may be) regarding a preferred designated State agency.
            ``(D) Appeal of designation._After the review is completed 
        under subparagraph (C), a majority of the non-State agency 
        members of the Council may appeal to the Secretary for a review 
        of the designation of the designated State agency if Council 
        independence as an advocate is not assured because of the 
        actions or inactions of the designated State agency.
        ``(3) Responsibilities._The designated State agency shall, on 
    behalf of the State, have the responsibilities described in 
    subparagraphs (A) through (F).
            ``(A) Support services._The designated State agency shall 
        provide required assurances and support services as requested 
        by and negotiated with the Council.
            ``(B) Fiscal responsibilities._The designated State agency 
        shall_
                ``(i) receive, account for, and disperse funds under 
            this part based on the State plan required in section 122; 
            and
                ``(ii) provide for such fiscal control and fund 
            accounting procedures as may be necessary to assure the 
            proper dispersement of, and accounting for, funds paid to 
            the State under this part.
            ``(C) Records, access, and financial reports._The 
        designated State agency shall keep such records and afford 
        access thereto as the Secretary and the Council determine 
        necessary. The designated State agency, if other than the 
        Council, shall provide timely financial reports at the request 
        of the Council regarding the status of expenditures, 
        obligations, liquidation, and the Federal and non-Federal 
        share.
            ``(D) Non-federal share._The designated State agency, if 
        other than the Council, shall provide the required non-Federal 
        share defined in section 125A(c).
            ``(E) Assurances._The designated State agency shall assist 
        the Council in obtaining the appropriate State plan assurances 
        and in ensuring that the plan is consistent with State law.
            ``(F) Memorandum of understanding._On the request of the 
        Council, the designated State agency shall enter into a 
        memorandum of understanding with the Council delineating the 
        roles and responsibilities of the designated State agency.
        ``(4) Use of funds for designated state agency 
    responsibilities._
            ``(A) Necessary expenditures of state designated agency._At 
        the request of any State, a portion of any allotment or 
        allotments of such State under this part for any fiscal year 
        shall be available to pay up to one-half (or the entire amount 
        if the Council is the designated State agency) of the 
        expenditures found necessary by the Secretary for the proper 
        and efficient exercise of the functions of the State designated 
        agency, except that not more than 5 percent of the total of the 
        allotments of such State for any fiscal year, or $50,000, 
        whichever is less, shall be made available for the total 
        expenditure for such purpose by the State agency designated 
        under this subsection.
            ``(B) Condition for federal funding._Amounts shall be 
        provided under subparagraph (A) to a State for a fiscal year 
        only on condition that there shall be expended from State 
        sources for carrying out the responsibilities of the designated 
        State agency under paragraph (3) not less than the total amount 
        expended for carrying out such responsibilities from such 
        sources during the previous fiscal year, except in such year as 
        the Council may become the designated State agency.
            ``(C) Support services provided by other agencies._With the 
        agreement of the designated State agency, the Council may use 
        or contract with agencies other than the designated State 
        agency to perform the functions of the designated State agency.
    ``(e) 1990 Report._Not later than January 1, 1990, each Council 
shall complete the reviews, analyses, and final report described in 
this section.
        ``(1) Comprehensive review and analysis._Each Council shall 
    conduct a comprehensive review and analysis of the eligibility for 
    services provided, and the extent, scope, and effectiveness of, 
    services provided and functions performed by, all State agencies 
    (including agencies that provide public assistance) that affect or 
    that potentially affect the ability of individuals with 
    developmental disabilities to achieve the goals of independence, 
    productivity, and integration and inclusion into the community, 
    including individuals with developmental disabilities attributable 
    to physical impairment, mental impairment, or a combination of 
    physical and mental impairments.
        ``(2) Consumer satisfaction._Each Council shall conduct a 
    review and analysis of the effectiveness of, and consumer 
    satisfaction with, the functions performed by, and services 
    provided or paid for from Federal and State funds by, each of the 
    State agencies (including agencies that provide public assistance) 
    responsible for performing functions for, and providing services 
    to, all individuals with developmental disabilities in the State. 
    Such review and analysis shall be based upon a survey of a 
    representative sample of individuals with developmental 
    disabilities receiving services from each such agency, and if 
    appropriate, shall include such individuals' families.
        ``(3) Public review and comment._Each Council shall convene 
    public forums, after the provision of notice within the State, in 
    order to_
            ``(A) present the findings of the reviews and analyses 
        prepared under paragraphs (1) and (2);
            ``(B) obtain comments from all interested individuals in 
        the State regarding the unserved and underserved populations of 
        individuals with developmental disabilities that result from 
        physical impairment, mental impairment, or a combination of 
        physical and mental impairments; and
            ``(C) obtain comments on any proposed recommendations 
        concerning the removal of barriers to services for individuals 
        with developmental disabilities and to connect such services to 
        existing State agencies by recommending the designation of one 
        or more State agencies, as appropriate, to be responsible for 
        the provision and coordination of such services.
        ``(4) Basis for state plan._Each Council shall utilize the 
    information developed pursuant to paragraphs (1), (2), and (3) in 
    developing the State plan.''.

SEC. 206. STATE ALLOTMENTS.

    (a) Section Heading._Section 125 (42 U.S.C. 6025) is amended_
        (1) by striking ``Sec. 125.''; and
        (2) in the section heading, by striking ``state allotments'' 
    and inserting the following new section heading:

``SEC. 125. STATE ALLOTMENTS.''.

    (b) Allotments._Section 125 (42 U.S.C. 6025) is amended_
        (1) in subsection (a)_
            (A) in paragraph (1)_
                (i) by realigning the margins of subparagraphs (A), 
            (B), and (C) so as to align with the margin of subparagraph 
            (A) of paragraph (4); and
                (ii) by realigning the margin of the matter following 
            subparagraph (C) so as to align with the margin of 
            paragraph (3);
            (B) by striking ``(a)(1) For'' and inserting the following:
    ``(a) Allotments._
        ``(1) In general._For'';
            (C) in paragraph (2)_
                (i) by striking ``(2) Adjustments'' and inserting the 
            following:
        ``(2) Adjustments._Adjustments'';
                (ii) by striking ``may be'' and inserting ``shall be''; 
            and
                (iii) by striking ``not less'' and inserting ``and the 
            percentage of the total appropriation for each State not 
            less'';
            (D) in paragraph (3)_
                (i) by striking ``(3)(A) Except'' and all that follows 
            through ``September 30, 1990.'' and inserting the 
            following:
        ``(3) Minimum allotment for appropriations less than or equal 
    to $75,000,000._
            ``(A) In general._Except as provided in paragraph (4), for 
        any fiscal year the allotment under this section_
                ``(i) to each of American Samoa, Guam, the United 
            States Virgin Islands, the Commonwealth of the Northern 
            Mariana Islands, or the Republic of Palau (until the 
            Compact of Free Association with Palau takes effect) may 
            not be less than the greater of_

                    ``(I) $210,000; or
                    ``(II) the greater of the allotment received by 
                such State for fiscal year 1992, or the allotment 
                received by such State for fiscal year 1993, under this 
                section (determined without regard to subsection (d)); 
                and

                ``(ii) to any State not described in clause (i), may 
            not be less than the greater of_

                    ``(I) $400,000; or
                    ``(II) the greater of the allotment received by 
                such State for fiscal year 1992, or the allotment 
                received by such State for fiscal year 1993, under this 
                section (determined without regard to subsection 
                (d)).''; and

                (ii) by striking ``(B) Notwithstanding'' and inserting 
            the following:
            ``(B) Reduction of allotment._Notwithstanding'';
            (E) in paragraph (4), to read as follows:
        ``(4) Minimum allotment for appropriations in excess of 
    $75,000,000._
            ``(A) In general._In any case in which amounts appropriated 
        under section 130 for a fiscal year exceeds $75,000,000, the 
        allotment under this section for such fiscal year_
                ``(i) to each of American Samoa, Guam, the United 
            States Virgin Islands, the Commonwealth of the Northern 
            Mariana Islands or the Republic of Palau (until the Compact 
            of Free Association with Palau takes effect) may not be 
            less than the greater of_

                    ``(I) $220,000; or
                    ``(II) the greater of the allotment received by 
                such State for fiscal year 1992, or the allotment 
                received by such State for fiscal year 1993, under this 
                section (determined without regard to subsection (d)); 
                and

                ``(ii) to any State not described in clause (i) may not 
            be less than the greater of_

                    ``(I) $450,000; or
                    ``(II) the greater of the allotment received by 
                such State for fiscal year 1992, or the allotment 
                received by such State for fiscal year 1993, under this 
                section (determined without regard to subsection (d)).

            ``(B) Reduction of allotment._The requirements of paragraph 
        (3)(B) shall apply with respect to amounts to be allotted to 
        States under subparagraph (A), in the same manner and to the 
        same extent as such requirements apply with respect to amounts 
        to be allotted to States under paragraph (3)(A).'';
            (F) in paragraph (5)_
                (i) by striking ``In determining'' and inserting 
            ``State supports, services, and other activities._In 
            determining''; and
                (ii) by striking, ``section 122(b)(2)(C)'' and 
            inserting ``section 122(c)(3)(A)''; and
            (G) in paragraph (6), by striking ``In any case'' and 
        inserting ``Increase in allotments._In any case'';
        (2) in subsection (b), by striking ``Any amount'' and inserting 
    ``Unobligated Funds._Any amount'';
        (3) by redesignating subsections (c) and (d) as subsections (d) 
    and (e), respectively;
        (4) by inserting after subsection (b) the following new 
    subsection:
    ``(c) Obligation of Funds._For the purposes of this part, State 
Interagency Agreements are considered valid obligations for the purpose 
of obligating Federal funds allotted to the State under this part.'';
        (5) in subsection (d) (as redesignated by paragraph (3)), by 
    striking ``Whenever'' and inserting ``Cooperative Efforts Between 
    States._Whenever''; and
        (6) in subsection (e) (as redesignated by paragraph (3)), by 
    striking ``The amount'' and inserting ``Reallotments._The amount''.

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

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

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

    ``(a) Aggregate Costs._The Federal share of all projects in a State 
supported by an allotment to the State under this part may not exceed 
75 percent of the aggregate necessary costs of all such projects as 
determined by the Secretary, except that_
        ``(1) in the case of projects whose activities or products 
    target individuals with developmental disabilities who live in 
    urban or rural poverty areas, the Federal share of all such 
    projects may not exceed 90 percent of the aggregate necessary costs 
    of such projects or activities, as determined by the Secretary; and
        ``(2) in the case of projects or activities undertaken by the 
    Council or Council staff to implement State plan priority 
    activities, the Federal share of all such activities may be up to 
    100 percent of the aggregate necessary costs of such activities.
    ``(b) Nonduplication._In determining the amount of any State's 
Federal share of the expenditures incurred by such State under a State 
plan approved under section 122, the Secretary shall not consider_
        ``(1) any portion of such expenditures that are financed by 
    Federal funds provided under any provision of law other than 
    section 125; and
        ``(2) the amount of any non-Federal funds required to be 
    expended as a condition of receipt of such Federal funds.
    ``(c) Non-Federal Share._
        ``(1) In kind contributions._The non-Federal share of the cost 
    of any project assisted by a grant or an allotment under this part 
    may be provided in kind.
        ``(2) Contributions of political subdivisions, public, or 
    private entities._
            ``(A) In general._Expenditures on projects or activities by 
        a political subdivision of a State or by a public or private 
        entity shall, subject to such limitations and conditions as the 
        Secretary may by regulation prescribe, be considered to be 
        expenditures by such State in the case of a project under this 
        part.
            ``(B) State contributions._State contributions, including 
        contributions by the designated State agency to provide support 
        services to the Council pursuant to section 124(d)(4), may be 
        counted as part of such State's non-Federal share of allotments 
        under this part.
        ``(3) Variations of the non-federal share._The non-Federal 
    share required on a grant-by-grant basis may vary.''.
    SEC. 208. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION, AND 
      SERVICES.
    Section 126 (42 U.S.C. 6026) is amended_
        (1) by striking ``Sec. 126.'' and inserting ``(a) State Plan 
    Expenditures._'';
        (2) in the section heading, by striking ``payments to the 
    states for planning, administration and services'' and inserting 
    the following new section heading:
``SEC. 126. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION, AND 
SERVICES.'';
    and
        (3) by adding at the end the following new subsection:
    ``(b) Support Services._Payments to States for support services 
provided by the designated State agency pursuant to section 124(d)(4) 
may be made in advance or by way of reimbursement, and in such 
installments as the Secretary may determine.''.
    SEC. 209. WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION, AND 
      SERVICES.
    Section 127 (42 U.S.C. 6027) is amended_
        (1) in the matter preceding paragraph (1), by striking ``Sec. 
    127.'';
        (2) in the section heading by striking ``withholding of 
    payments for planning, administration and services'' and inserting 
    the following new section heading:
``SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION, AND 
SERVICES.'';
    and
        (3) in paragraph (1), by striking ``sections'' and inserting 
    ``section''.

SEC. 210. NONDUPLICATION.

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

SEC. 211. APPEALS BY STATES.

    Section 129 (42 U.S.C. 6029) is amended_
        (1) by striking ``Sec. 129.''; and
        (2) in the section heading, by striking ``appeals by states'' 
    and inserting the following new section heading:

``SEC. 129. APPEALS BY STATES.''.

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

    Section 130 (42 U.S.C. 6030) is amended by striking ``$77,400,000'' 
and all that follows and inserting the following: ``$70,000,000 for 
fiscal year 1994, and such sums as may be necessary for each of the 
fiscal years 1995 and 1996.''.

SEC. 213. REVIEW, ANALYSIS, AND REPORT.

    (a) Review and Analysis._The Secretary of Health and Human Services 
shall review and analyze the allotment formula in effect under parts B 
and C of title I of the Developmental Disabilities Assistance and Bill 
of Rights Act prior to the date of enactment of this Act, including the 
factors described in such parts, and the data elements and measures 
used by the Secretary, to determine whether such formula is consistent 
with the purpose of the Act.
    (b) Alternative Formulas._The Secretary of Health and Human 
Services shall identify alternative formulas for allocating funds, 
consistent with the purpose of this Act.
    (c) Report._Not later than October 1, 1995, the Secretary of Health 
and Human Services shall submit a report on the review conducted under 
subsection (a) and a copy of the alternative formulas identified under 
subsection (b) to the Committee on Labor and Human Resources of the 
Senate and to the Committee on Energy and Commerce of the House of 
Representatives.

  TITLE III_PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH 
                       DEVELOPMENTAL DISABILITIES

SEC. 301. PART HEADING.

    The heading of part C of title I of the Act is amended to read as 
follows:

        ``PART C_PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS''.

SEC. 302. PURPOSE.

    Section 141 (42 U.S.C. 6041) is amended_
        (1) by striking ``Sec. 141.'';
        (2) in the section heading, by striking ``purpose'' and 
    inserting the following new section heading:

``SEC. 141. PURPOSE.'';

        (3) by striking ``system'' and inserting ``Protection and 
    Advocacy system (hereafter referred to in this part as the 
    `system')''; and
        (4) by striking ``persons'' and inserting ``individuals''.

SEC. 303. SYSTEM REQUIRED.

    (a) Section Heading._Section 142 (42 U.S.C. 6042) is amended_
        (1) by striking ``Sec. 142.''; and
        (2) in the section heading, by striking ``system required'' and 
    inserting the following new section heading:

``SEC. 142. SYSTEM REQUIRED.''.

    (b) System._Section 142 (42 U.S.C. 6042) is amended_
        (1) in subsection (a)_
            (A) by striking ``In order'' and inserting ``System 
        Required._In order'';
            (B) in paragraph (1), by striking ``persons'' and inserting 
        ``individuals'';
            (C) in paragraph (2)_
                (i) by striking ``persons'' each place such term 
            appears and inserting ``individuals'';
                (ii) in subparagraph (A), by striking ``minority'' and 
            inserting ``ethnic and racial minority'';
                (iii) by striking subparagraph (C);
                (iv) in subparagraph (E), by striking ``Planning 
            Council'' and inserting ``Developmental Disabilities 
            Council authorized under part B'';
                (v) in subparagraph (F), by striking ``and'' at the end 
            thereof; and
                (vi) in subparagraph (G)_

                    (I) in clause (i), by striking ``person'' each 
                place such term appears and inserting ``individual'';
                    (II) in the matter preceding subclause (I) of 
                clause (ii), by striking ``person'' and inserting 
                ``individual'';
                    (III) in clause (ii)(I), by striking ``by reason of 
                the mental or physical condition of such person'' and 
                inserting ``by reason of such individual's mental or 
                physical condition'';
                    (IV) in clause (ii)(III), by striking ``person'' 
                and inserting ``individual'';
                    (V) in clause (iii), by realigning the margins of 
                subclauses (I), (II), and (III) so as to align with the 
                margins of subclauses (I), (II), and (III) of clause 
                (ii);
                    (VI) in clause (iii), by striking ``(iii) any'' and 
                inserting the following:

                ``(iii) any''; and

                    (VII) in clause (iii)(III), by striking ``person'' 
                and inserting ``individual'';

                (vii) by redesignating subparagraphs (D), (E), (F), and 
            (G) as subparagraphs (E), (F), (G), and (I), respectively;
                (viii) by inserting after subparagraph (B) the 
            following new subparagraphs:
            ``(C) on an annual basis, develop a statement of objectives 
        and priorities for the system's activities; and
            ``(D) on an annual basis, provide to the public, including 
        individuals with developmental disabilities attributable to 
        either physical impairment, mental impairment, or a combination 
        of physical or mental impairments, and their representatives, 
        as appropriate, non-State agency representatives of the State 
        Developmental Disabilities Council, and the university 
        affiliated program (if applicable within a State), an 
        opportunity to comment on_
                ``(i) the objectives and priorities established by the 
            system and the rationale for the establishment of such 
            objectives; and
                ``(ii) the activities of the system, including the 
            coordination with the advocacy programs under the 
            Rehabilitation Act of 1973, the Older Americans Act of 
            1965, and the Protection and Advocacy for Mentally Ill 
            Individuals Act of 1986, and with other related programs, 
            including the parent training and information centers, 
            education ombudsman programs and assistive technology 
            projects;'';
                (ix) by inserting after subparagraph (G), as so 
            redesignated in clause (vii), the following new 
            subparagraph:
            ``(H) have access at reasonable times and locations to any 
        resident who is an individual with a developmental disability 
        in a facility that is providing services, supports, and other 
        assistance to such a resident;'';
                (x) by adding at the end the following new 
            subparagraphs:
            ``(J) hire and maintain sufficient numbers and types of 
        staff, qualified by training and experience, to carry out such 
        system's function except that such State shall not apply hiring 
        freezes, reductions in force, prohibitions on staff travel, or 
        other policies, to the extent that such policies would impact 
        staff or functions funded with Federal funds and would prevent 
        the system from carrying out its functions under this Act;
            ``(K) have the authority to educate policymakers; and
            ``(L) provide assurances to the Secretary that funds 
        allotted to the State under this section will be used to 
        supplement and increase the level of funds that would otherwise 
        be made available for the purposes for which Federal funds are 
        provided and not to supplant such non-Federal funds;'';
            (D) by striking paragraphs (3) and (5);
            (E) in paragraph (4)_
                (i) by striking ``the State'' and all that follows 
            through ``provided with'' and inserting ``the State must 
            provide to the system'';
                (ii) by striking ``1902(a)(31)(B)'' and inserting 
            ``1902(a)(31)''; and
                (iii) by redesignating such paragraph as paragraph (3); 
            and
            (F) by adding at the end the following new paragraph:
        ``(4) the agency implementing the system will not be 
    redesignated unless there is good cause for the redesignation and 
    unless_
            ``(A) notice has been given of the intention to make such 
        redesignation to the agency that is serving as the system 
        including the good cause for such redesignation and the agency 
        has been given an opportunity to respond to the assertion that 
        good cause has been shown;
            ``(B) timely notice and opportunity for public comment in 
        an accessible format has been given to individuals with 
        developmental disabilities or their representatives; and
            ``(C) the system has the opportunity to appeal to the 
        Secretary that the redesignation was not for good cause.'';
        (2) in subsection (b)_
            (A) by striking ``(b)(1) To'' and inserting the following:
    ``(b) Allotments._
        ``(1) In general._To'';
            (B) in paragraph (1)_
                (i) in subparagraph (A), to read as follows:
            ``(A) the total amount appropriated under section 143 for a 
        fiscal year is at least $20,000,000_
                ``(i) the allotment of each of American Samoa, Guam, 
            the United States Virgin Islands, the Commonwealth of the 
            Northern Mariana Islands, and the Republic of Palau (until 
            the Compact of Free Association with Palau takes effect) 
            for such fiscal year may not be less than the greater of_

                    ``(I) $107,000; or
                    ``(II) the greater of the allotment received by 
                such State for fiscal year 1992, or the allotment 
                received by such State for fiscal year 1993, under this 
                section (determined without regard to subsection (d)); 
                and

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

                    ``(I) $200,000; or
                    ``(II) the greater of the allotments received by 
                such State for fiscal year 1992, or the allotment 
                received by such State for fiscal year 1993, under this 
                section (determined without regard to subsection 
                (d)).''; and

                (ii) in subparagraph (B), to read as follows:
            ``(B) the total amount appropriated under section 143 for a 
        fiscal year is less than $20,000,000_
                ``(i) the allotment of each of American Samoa, Guam, 
            the United States Virgin Islands, the Commonwealth of the 
            Northern Mariana Islands, and the Republic of Palau (until 
            the Compact of Free Association with Palau takes effect) 
            for such fiscal year may not be less than the greater of_

                    ``(I) $80,000; or
                    ``(II) the greater of the allotment received by 
                such State for fiscal year 1992, or the allotment 
                received by such State for fiscal year 1993, under this 
                section (determined without regard to subsection (d)); 
                and

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

                    ``(I) $150,000; or
                    ``(II) the greater of the allotment received by 
                such State for fiscal year 1992, or the allotment 
                received by such State for fiscal year 1993, under this 
                section (determined without regard to subsection 
                (d)).'';

            (C) by realigning the margins of subparagraphs (A) and (B) 
        of paragraph (2) so as to align with subparagraphs (A) through 
        (C) of subsection (a)(4);
            (D) by realigning the margins of paragraphs (2) through (4) 
        so as to align with paragraph (4) of subsection (a);
            (E) in paragraph (2), by striking ``In any case'' and 
        inserting ``Increase in allotments._In any case'';
            (F) in paragraph (3), by striking ``A State'' and inserting 
        ``Monitoring the administration of the system._A State'';
            (G) in paragraph (4), by striking ``Notwithstanding'' and 
        inserting ``Reduction of allotment._Notwithstanding''; and
            (H) by inserting at the end the following new paragraph:
        ``(5) Technical assistance and american indian consortium._In 
    any case in which amounts appropriated under section 143 for a 
    fiscal year exceeds $24,500,000, the Secretary shall_
            ``(A) use not more than 2 percent of the amounts 
        appropriated to provide technical assistance (consistent with 
        requests by such systems for such assistance in the year that 
        appropriations reach $24,500,000) to eligible systems with 
        respect to activities carried out under this title; and
            ``(B) provide grants in accordance with paragraph (1)(A)(i) 
        to American Indian Consortiums to provide protection and 
        advocacy services.'';
        (3) in subsection (c), by striking ``Any amount'' and inserting 
    ``Unobligated Funds._Any amount'';
        (4) in subsection (d)_
            (A) in the matter preceding paragraph (1), by striking ``In 
        States'' and inserting ``Governing board._In States'';
            (B) in paragraph (1), by inserting before the semicolon 
        ``and include individuals with developmental disabilities who 
        are eligible for services, or have received or are receiving 
        services, or parents, family members, guardians, advocates, or 
        authorized representatives of such individuals'';
            (C) in paragraph (2), by striking ``and'' at the end 
        thereof;
            (D) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (E) by adding at the end the following new paragraph:
        ``(4) in States in which the system is organized as a public 
    system without a multimember governing or advisory board, the 
    system shall establish an advisory council that shall_
            ``(A) advise the system on policies and priorities to be 
        carried out in protecting and advocating the rights of 
        individuals with developmental disabilities; and
            ``(B) consist of a majority of individuals with 
        developmental disabilities who are eligible for services, or 
        have received or are receiving services, or parents, family 
        members, guardians, advocates, or authorized representatives of 
        such individuals.'';
        (5) in subsection (e), by striking ``As used'' and inserting 
    ``Records._As used'';
        (6) in subsection (f)_
            (A) by striking ``If the'' and inserting ``Access to 
        Records._If the''; and
            (B) in the matter preceding paragraph (1) by striking 
        ``persons'' and inserting ``individuals'';
        (7) in subsection (g)_
            (A) by striking ``(g)(1) Nothing'' and inserting the 
        following:
    ``(g) Legal Action._
        ``(1) In general._Nothing'';
            (B) in paragraph (1), by striking ``persons'' and inserting 
        ``individuals''; and
            (C) in paragraph (2), by striking ``(2) Amounts'' and 
        inserting the following:
        ``(2) Use of amounts from judgment._Amounts'';
        (8) in subsection (h), by striking ``Notwithstanding'' and 
    inserting ``Payment to Systems._Notwithstanding'';
        (9) by redesignating subsections (b) through (h) as subsections 
    (c) through (i), respectively;
        (10) by inserting after subsection (a) the following new 
    subsection:
    ``(b) American Indian Consortium._Upon application to the 
Secretary, an American Indian consortium, as defined in section 102, 
established to provide protection and advocacy services under this 
part, shall receive funding pursuant to subsection (c)(5). Such 
consortium shall coordinate activities with existing systems.''; and
        (11) by adding at the end the following new subsections:
    ``(j) Disclosure of Information._For purposes of any periodic 
audit, report, or evaluation required under this Act, the Secretary 
shall not require a program to disclose the identity of, or any other 
personally identifiable information related to, any individual 
requesting assistance under such program.
    ``(k) Public Notice of Federal Onsite Review._The Secretary shall 
provide advance public notice of any Federal programmatic and 
administrative review and solicit public comment on the system funded 
under this part through such notice. The findings of the public comment 
solicitation notice shall be included in the onsite visit report. The 
results of such review shall be distributed to the Governor of the 
State and to other interested public and private parties.''.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

    Section 143 (42 U.S.C. 6043) is amended_
        (1) by striking ``Sec. 143.'';
        (2) in the section heading, by striking ``authorization of 
    appropriations'' and inserting the following new section heading:

``SEC. 143. AUTHORIZATION OF APPROPRIATIONS.'';

        (3) by striking ``$24,200,000 for fiscal year 1991'' and 
    inserting ``$24,000,000 for fiscal year 1994''; and
        (4) by striking ``fiscal years 1992 and 1993'' and inserting 
    ``fiscal years 1995 and 1996''.

                TITLE IV_UNIVERSITY AFFILIATED PROGRAMS

SEC. 401. PART HEADING.

    The heading of part D of title I of the Act is amended to read as 
follows:

               ``PART D_UNIVERSITY AFFILIATED PROGRAMS''.

SEC. 402. PURPOSE.

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

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

    ``The purpose of this part is to provide for grants to university 
affiliated programs that are interdisciplinary programs operated by 
universities, or by public or nonprofit entities associated with a 
college or university, to provide a leadership role in the promotion of 
independence, productivity, and integration and inclusion into the 
community of individuals with developmental disabilities through the 
provision of the following activities, which are conducted in a 
culturally competent manner:
        ``(1) Interdisciplinary preservice preparation of students and 
    fellows, including the preparation of leadership personnel.
        ``(2) Community service activities that shall include community 
    training and technical assistance for or with individuals with 
    developmental disabilities, family members of individuals with 
    developmental disabilities, professionals, paraprofessionals, 
    students, and volunteers. Such activities may include state-of-the-
    art direct services including family support, individual support, 
    personal assistance services, educational, vocational, clinical, 
    health, prevention, or other direct services.
        ``(3) Dissemination of information and research findings, which 
    may include the empirical validation of activities relevant to the 
    purposes described in paragraphs (1) and (2) and contributions to 
    the development of new knowledge in the field of developmental 
    disabilities.''.

SEC. 403. GRANT AUTHORITY.

    (a) Section Heading._Section 152 (42 U.S.C. 6062) is amended_
        (1) by striking ``Sec. 152.''; and
        (2) in the section heading, by striking ``grant authority'' and 
    inserting the following new section heading:

``SEC. 152. GRANT AUTHORITY.''.

    (b) Authority._Section 152 (42 U.S.C. 6062) is amended_
        (1) in subsection (a)_
            (A) by striking ``From appropriations'' and inserting 
        ``Administration and Operation._From appropriations''; and
            (B) by striking ``102(18).'' and inserting ``151. Grants 
        may be awarded for a period not to exceed 5 years.'';
        (2) in subsection (b), to read as follows:
    ``(b) Training Projects._
        ``(1) In general._From amounts appropriated under section 
    156(a), the Secretary shall make grants to university affiliated 
    programs receiving grants under subsection (a) to support training 
    projects to train personnel to address the needs of individuals 
    with developmental disabilities in areas of emerging national 
    significance, as described in paragraph (3). Grants awarded under 
    this subsection shall be awarded on a competitive basis and may be 
    awarded for a period not to exceed 5 years.
        ``(2) Eligibility limitations._A university affiliated program 
    shall not be eligible to receive funds for training projects under 
    this subsection unless_
            ``(A) such program has operated for at least 1 year; or
            ``(B) the Secretary determines that such program has 
        demonstrated the capacity to develop an effective training 
        project during the first year such program is operated.
        ``(3) Areas of focus._Training projects under this subsection 
    shall train personnel to address the needs of individuals with 
    developmental disabilities in the areas of emerging national 
    significance described in subparagraphs (A) through (H).
            ``(A) Early intervention._Grants under this subsection for 
        training projects with respect to early intervention services 
        shall be for the purpose of assisting university affiliated 
        programs in providing training to family members of children 
        with developmental disabilities and personnel from all 
        disciplines involved with interdisciplinary intervention to 
        infants, toddlers, and preschool age children with 
        developmental disabilities. Such training projects shall 
        include instruction on family-centered, community-based, 
        coordinated care for infants, toddlers, and preschool age 
        children with developmental disabilities and their families.
            ``(B) Aging._Grants under this subsection for training 
        projects with respect to aging and developmental disabilities 
        shall be for the purpose of supporting the planning, design, 
        and implementation of coordinated interdisciplinary training 
        programs between existing aging or gerontological programs and 
        university affiliated programs in order to prepare professional 
        staff to provide services for aging individuals with 
        developmental disabilities and their families.
            ``(C) Community services._Grants under this subsection for 
        training projects with respect to community services shall be 
        for the purpose of providing training that enhances direct 
        supports and services for individuals with developmental 
        disabilities, including training to community members, 
        families, individuals with developmental disabilities, and 
        community-based direct service providers. The Secretary shall 
        ensure that all grants under this subparagraph are made only to 
        university affiliated programs that involve community-level 
        direct support services in the preparation of the application 
        for such grant and that assure that any training under the 
        university affiliated program will be coordinated with local 
        community services and support systems and with State, local, 
        and regional governmental or private agencies responsible for 
        the planning or delivery of services to individuals with 
        developmental disabilities.
            ``(D) Positive behavioral supports._Grants awarded under 
        this subsection for training projects with respect to positive 
        behavioral supports shall be for the purpose of assisting 
        university affiliated programs in providing training to family 
        members of individuals with developmental disabilities and 
        personnel in methods of developing individual supports that 
        maximize opportunities for independence, productivity, and 
        integration and inclusion into the community for individuals 
        with developmental disabilities and severe behavior problems. 
        Such training projects shall provide training to_
                ``(i) address ethical and legal principles and 
            standards, including the role of personal and cultural 
            values in designing assessments and interventions;
                ``(ii) address appropriate assessment approaches that 
            examine the range of factors that contribute to problem 
            behavior;
                ``(iii) address the development of a comprehensive plan 
            that considers the needs and preferences of an individual 
            with a developmental disability;
                ``(iv) address the competence in the types of skills 
            training, environmental modification, and incentive 
            procedures that encourage alternative behaviors;
                ``(v) familiarize training participants with crisis 
            intervention approaches and the separate role of such 
            approaches as short-term emergency procedures;
                ``(vi) familiarize training participants with medical 
            interventions and how to evaluate the effect of such 
            interventions on behavior; and
                ``(vii) address techniques for evaluating the outcomes 
            of interventions.
            ``(E) Assistive technology services._Grants under this 
        subsection for training projects with respect to assistive 
        technology services shall be for the purpose of assisting 
        university affiliated programs in providing training to 
        personnel who provide, or will provide, assistive technology 
        services and devices to individuals with developmental 
        disabilities and their families. Such projects may provide 
        training and technical assistance to improve access to 
        assistive technology services for individuals with 
        developmental disabilities and may include stipends and tuition 
        assistance for training project participants. Such projects 
        shall be coordinated with State technology coordinating 
        councils wherever such councils exist.
            ``(F) Americans with disabilities act._Grants under this 
        subsection for training projects with respect to the provisions 
        of the Americans with Disabilities Act of 1990 shall be for the 
        purpose of assisting university affiliated programs in 
        providing training to personnel who provide, or will provide, 
        services to individuals with developmental disabilities, and to 
        others concerned with individuals with developmental 
        disabilities.
            ``(G) Community transition._Grants under this subsection 
        for training projects with respect to transition from school to 
        adult life shall be for the purpose of assisting university 
        affiliated programs in providing training to individuals with 
        developmental disabilities and their families, generic 
        community agencies, advocacy organizations, and others in order 
        to stimulate the development and improvement of policies, 
        procedures, systems, and other mechanisms that prepare youth 
        with developmental disabilities to enter adult life. Such 
        projects shall be coordinated with State transition projects 
        funded under section 626(e) of the Individuals with 
        Disabilities Education Act, where such State transition 
        projects exist.
            ``(H) Other areas._Grants under this subsection for 
        training projects with respect to programs in other areas of 
        national significance shall be for the purpose of training 
        personnel in an area of special concern to the university 
        affiliated program, and shall be developed in consultation with 
        the State Developmental Disabilities Council.
        ``(4) Courses, traineeships and fellowships._Grants under this 
    subsection may be used by university affiliated programs to_
            ``(A) assist in paying the costs of courses of training or 
        study for personnel to provide services for individuals with 
        developmental disabilities and their families; and
            ``(B) establish fellowships or traineeships providing such 
        stipends and allowances as may be determined by the Secretary.
        ``(5) Prohibited activities._Grants awarded under this 
    subsection shall not be used for administrative expenses for the 
    university affiliated program under subsection (a).
        ``(6) Criteria._Grants awarded under this subsection shall meet 
    the criteria described in subparagraphs (A) and (B).
            ``(A) Application._An application that is submitted for a 
        grant under this subsection shall present evidence that 
        training projects assisted by funds awarded under this section 
        are_
                ``(i) competency and value based;
                ``(ii) designed to facilitate independence, 
            productivity, and integration and inclusion for individuals 
            with developmental disabilities; and
                ``(iii) evaluated utilizing state-of-the-art evaluation 
            techniques in the programmatic areas selected.
            ``(B) General project requirements._Training projects under 
        this subsection shall_
                ``(i) represent state-of-the-art techniques in areas of 
            critical shortage of personnel that are identified through 
            consultation with the consumer advisory committee described 
            in section 153(d) and the State Developmental Disabilities 
            Council;
                ``(ii) be conducted in consultation with the consumer 
            advisory committee described in section 153(d) and the 
            State Developmental Disabilities Council;
                ``(iii) be integrated into the appropriate university 
            affiliated program and university curriculum;
                ``(iv) be integrated with relevant State agencies in 
            order to achieve an impact on statewide personnel and 
            service needs;
                ``(v) to the extent practical, be conducted in 
            environments where services are actually delivered;
                ``(vi) to the extent possible, be interdisciplinary in 
            nature;
                ``(vii) utilize strategies to recruit and train members 
            from racial and ethnic minority backgrounds and individuals 
            with disabilities; and
                ``(viii) address the issue of cultural competence in 
            the training provided.'';
        (3) in subsection (c)_
            (A) by striking ``From amounts appropriated under section 
        154(b)'' and inserting ``Supplemental Awards._From amounts 
        appropriated under section 156(a)'';
            (B) in paragraph (1)_
                (i) by striking ``service-related training to persons'' 
            and inserting ``interdisciplinary training, community 
            training and technical assistance, community services, or 
            dissemination of information to individuals'';
                (ii) by striking ``integration into the community of 
            persons with developmental disabilities'' and inserting 
            ``integration and inclusion into the community of 
            individuals with developmental disabilities and not 
            otherwise specified in subsection (b)''; and
                (iii) by striking ``persons'' each place such term 
            appears and inserting ``individuals'';
            (C) in paragraph (2)_
                (i) by striking ``(A) the'' and inserting ``the'';
                (ii) by striking ``persons'' and inserting 
            ``individuals'';
                (iii) by striking ``(B) the'' and inserting ``the''; 
            and
                (iv) by striking ``parents'' and inserting ``family 
            members'';
        (4) by striking subsection (d);
        (5) in subsection (e)_
            (A) by striking ``(e) From amounts appropriated under 
        section 154(a)'' and inserting ``(d) Feasibility Studies._From 
        amounts appropriated under section 156(a)''; and
            (B) by striking_
                (i) ``or a satellite center''; and
                (ii) ``or satellite center''; and
        (6) by striking subsections (f) and (g).

SEC. 404. APPLICATIONS.

    (a) Section Heading._Section 153 (42 U.S.C. 6063) is amended_
        (1) by striking ``Sec. 153.''; and
        (2) in the section heading, by striking ``applications'' and 
    inserting the following new section heading:

``SEC. 153. APPLICATIONS.''.

    (b) Applications._Section 153 (42 U.S.C. 6063) is amended_
        (1) in subsection (a)_
            (A) by striking ``Not later than six'' and inserting: 
        ``Standards._Not later than 12'';
            (B) by striking ``Act of 1984'' and inserting ``Assistance 
        and Bill of Rights Act Amendments of 1994'';
            (C) by striking ``persons'' and inserting ``individuals''; 
        and
            (D) by striking ``section 102(18)'' and inserting ``section 
        151'';
        (2) in subsection (b)_
            (A) in the matter preceding paragraph (1), by striking ``No 
        grants'' and all that follows through ``Such an application'' 
        and inserting ``Assurances._The application under subsection 
        (a)'';
            (B) in paragraph (1), by striking ``grant will'' and all 
        that follows through ``level of such funds;'' and inserting the 
        following: ``grant will_
            ``(A) not result in any decrease in the use of State, 
        local, and other non-Federal funds for services for individuals 
        with developmental disabilities and for training of individuals 
        to provide such services, which funds would (except for such 
        grant) be made available to the applicant; and
            ``(B) be used to supplement and, to the extent practicable, 
        increase the level of such funds;'';
            (C) in paragraph (2), by striking ``subsection (a)'' each 
        place such term appears and inserting ``subsection (b)'';
            (D) in paragraph (3)_
                (i) by striking ``persons'' each place such term 
            appears and inserting ``individuals'';
                (ii) by striking ``treatment, services, or 
            habilitation'' and inserting ``services''; and
                (iii) by striking ``the developmentally disabled'' and 
            inserting ``individuals with developmental disabilities''; 
            and
            (E) in paragraph (5)_
                (i) by striking ``Planning'' and inserting 
            ``Developmental Disabilities''; and
                (ii) by striking ``or the satellite center is or will 
            be located'';
        (3) by striking subsections (c) and (d);
        (4) by redesignating subsections (a), (b), and (e) as 
    subsections (b), (c), and (f), respectively;
        (5) by inserting after the section heading the following new 
    subsection:
    ``(a) In General._No grants may be made under section 152(a) unless 
an application therefor is submitted to, and approved by, the 
Secretary. Such an application shall be submitted in such form and 
manner, and contain such information, as the Secretary may require.'';
        (6) by inserting after subsection (c), as so redesignated by 
    paragraph (4), the following new subsections:
    ``(d) Consumer Advisory Committee._The Secretary shall only make 
grants under section 152(a) to university affiliated programs that 
establish a consumer advisory committee comprised of individuals with 
developmental disabilities, family members of individuals with 
developmental disabilities, representatives of State protection and 
advocacy systems, State developmental disabilities councils (including 
State service agency directors), local agencies, and private nonprofit 
groups concerned with providing services for individuals with 
developmental disabilities, which may include representatives from 
parent training and information centers. The consumer advisory 
committee shall reflect the racial and ethnic diversity of the 
geographic area served by the university affiliated program.
    ``(e) Federal Share._
        ``(1) In general._The Federal share of any project to be 
    provided through grants under this part may not exceed 75 percent 
    of the necessary cost of such project, as determined by the 
    Secretary, except that if the project activities or products target 
    individuals with developmental disabilities who live in an urban or 
    rural poverty area, the Federal share may not exceed 90 percent of 
    the project's necessary costs as so determined by the Secretary.
        ``(2) Project expenditures._For the purpose of determining the 
    Federal share with respect to any project, expenditures on that 
    project by a political subdivision of the State or by a public or 
    private entity shall, subject to such limitations and conditions as 
    the Secretary may by regulation prescribe, be considered to be 
    expenditures made by a university affiliated program under this 
    part.'';
        (7) in subsection (f), as so redesignated by paragraph (4)_
            (A) by striking ``(f)(1) The Secretary'' and inserting the 
        following:
    ``(f) Peer Review._
        ``(1) In general._The Secretary'';
            (B) in paragraph (1), by striking ``Such peer review'' and 
        all that follows through ``152(b)(1)(D).'';
            (C) in paragraph (2)_
                (i) by striking ``(2) Regulations'' and inserting the 
            following:
        ``(2) Regulations._Regulations''; and
                (ii) by striking ``experience or training'' and 
            inserting ``experience and training'';
            (D) in paragraph (3), to read as follows:
        ``(3) Approval._
            ``(A) In general._The Secretary may approve an application 
        under this part only if such application has been recommended 
        by a peer review group that has conducted the peer review 
        required under paragraph (1).
            ``(B) Applicability._This paragraph shall apply to the 
        approval of grant applications received for fiscal year 1990 
        and succeeding fiscal years.'';
            (E) in paragraph (4)_
                (i) by striking ``(4) The Secretary'' and inserting the 
            following:
        ``(4) Establishment of peer review groups._The Secretary''; and
                (ii) by realigning the margins of subparagraphs (A) and 
            (B) so as to align with the margin of subparagraph (A) of 
            paragraph (3); and
            (F) in paragraph (5), by striking ``(5) The Secretary'' and 
        inserting the following:
        ``(5) Waivers of approval._The Secretary''; and
        (8) by adding at the end the following new subsection:
    ``(g) Review by Other Federal Agencies._The Secretary shall 
establish such a process for the review of applications for grants 
under section 152(a) as will ensure, to the maximum extent feasible, 
that each Federal agency that provides funds for the direct support of 
the applicant's program reviews the application.''.

SEC. 405. GRANT AWARDS.

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

``SEC. 154. PRIORITY FOR GRANT AWARDS.

    ``(a) In General._In awarding and distributing grant funds under 
this part, the Secretary, subject to the availability of 
appropriations, shall award and distribute grant funds in accordance 
with the following order of priorities:
        ``(1) Existing state university affiliated programs._First 
    priority shall be given, with respect to the provision of grant 
    awards under section 152(a) in the amount of $200,000, to an 
    existing State university affiliated program that meets the 
    requirements under section 153.
        ``(2) Unserved states._Second priority shall be given, with 
    respect to the provision of grant awards under section 152(a) in 
    the amount of $200,000, to a university or public or nonprofit 
    entity associated with a college or university that desires to 
    establish a university affiliated program in a State that is 
    unserved by a university affiliated program as of the date of 
    enactment of the Developmental Assistance and Bill of Rights Act 
    Amendments of 1994.
        ``(3) Training projects in all university affiliated programs._
    Third priority shall be given, with respect to the provision of 
    grant awards, to each university affiliated program that receives 
    funding under section 152(a) and that meets the eligibility 
    limitations under section 152(b) to the establishment of training 
    projects under section 152(b) in the amount of $90,000 in each such 
    program.
        ``(4) Increased funding for training projects._Fourth priority 
    shall be given, with respect to the provision of grant awards, to 
    the provision of an increase in the amount of a training project 
    grant award under section 152(b) to $100,000.
        ``(5) Increased funding for university affiliated programs._
    Fifth priority shall be given, with respect to the provision of 
    grant awards, to the provision of an increase in the amount of a 
    university affiliated program grant award under section 152(a) to 
    $250,000.
        ``(6) Additional training._Sixth priority shall be given, with 
    respect to the provision of grant awards, to an existing university 
    affiliated program in a State that is served by such program under 
    section 152(a) to provide additional training under subsection (b) 
    or (c) of section 152 within such State or other geographic 
    regions, or to a university or public or nonprofit entity 
    associated with a college or university that desires to establish 
    another university affiliated program within such State under 
    section 152(a). All applications submitted to the Secretary for 
    such grant awards shall document plans for coordinating activities 
    with an existing university affiliated program in the State (if 
    applicable) and in consultation with the State Developmental 
    Disabilities Council.
    ``(b) Additional Programs._For purposes of making grants under 
subsection (a)(6), the Secretary shall consider applications for grants 
for university affiliated programs_
        ``(1) for States that are currently underserved by a university 
    affiliated program; and
        ``(2) that are in addition to the total number of university 
    affiliated programs receiving grants under this subsection for the 
    preceding fiscal year.
    ``(c) Single Application._When every State is served by a 
university affiliated program under section 152(a) in the amount of 
$200,000 and every such program has been awarded a training grant under 
section 152(b) in the amount of $90,000, the Secretary may accept 
applications under such sections in a single application.''.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS AND DEFINITION.

    Part D of title I (42 U.S.C. 151 et seq.) is amended by adding at 
the end the following new sections:

``SEC. 155. DEFINITION.

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

``SEC. 156. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General._For the purpose of making grants under 
subsections (a), (b), (c), and (d) of section 152, there are authorized 
to be appropriated $19,000,000 for fiscal year 1994, and such sums as 
may be necessary for each of the fiscal years 1995 and 1996.
    ``(b) Limitation._With respect to peer review or other activities 
directly related to peer review, the Secretary may not use_
        ``(1) for fiscal year 1994, more than $300,000 of the funds 
    made available under subsection (a) for such review or such other 
    activities; and
        ``(2) for any succeeding fiscal year, more than the amount of 
    the funds made available under paragraph (1) adjusted to take into 
    account the increase in the Consumer Price Index for such fiscal 
    year for such review or such other activities.''.

               TITLE V_PROJECTS OF NATIONAL SIGNIFICANCE

SEC. 501. PART HEADING.

    The heading of part E of title I of the Act is amended to read as 
follows:

             ``PART E_PROJECTS OF NATIONAL SIGNIFICANCE''.

SEC. 502. PURPOSE.

    Section 161 (42 U.S.C. 6081) is amended to read as follows:

``SEC. 161. PURPOSE.

    ``The purpose of this part is to provide for grants and contracts 
for projects of national significance that support the development of 
national and State policy to enhance the independence, productivity, 
and integration and inclusion of individuals with developmental 
disabilities through_
        ``(1) data collection and analysis;
        ``(2) technical assistance to enhance the quality of State 
    Developmental Disabilities Councils, protection and advocacy 
    systems, and university affiliated programs; and
        ``(3) other projects of sufficient size and scope that hold 
    promise to expand or improve opportunities for individuals with 
    developmental disabilities, including_
            ``(A) technical assistance for the development of 
        information and referral systems;
            ``(B) educating policymakers;
            ``(C) Federal interagency initiatives;
            ``(D) the enhancement of participation of racial and ethnic 
        minorities in public and private sector initiatives in 
        developmental disabilities;
            ``(E) transition of youth with developmental disabilities 
        from school to adult life; and
            ``(F) special pilots and evaluation studies to explore the 
        expansion of programs under part B to individuals with severe 
        disabilities other than developmental disabilities.''.

SEC. 503. GRANT AUTHORITY.

    (a) Section Heading._Section 162 (42 U.S.C. 6082) is amended_
        (1) by striking ``Sec. 162.''; and
        (2) in the section heading, by striking ``grant authority'' and 
    inserting the following new section heading:

``SEC. 162. GRANT AUTHORITY.''.

    (b) Authority._Section 162 (42 U.S.C. 6082) is amended_
        (1) in subsection (a), to read as follows:
    ``(a) In General._The Secretary_
        ``(1) shall make grants to and enter into contracts with public 
    or nonprofit private entities for projects of national significance 
    relating to individuals with developmental disabilities to_
            ``(A) support ongoing data collection on expenditures, 
        residential services and employment, and develop an ongoing 
        data collection system, including data collection on the 
        accomplishments of State Developmental Disabilities Councils, 
        protection and advocacy systems, and university affiliated 
        programs that includes data on the participation of individuals 
        from racial and ethnic minority backgrounds; and
            ``(B) provide technical assistance (including research, 
        training, and evaluation) that expands or improves the 
        effectiveness of State Developmental Disabilities Councils 
        under part B, protection and advocacy systems under part C, and 
        university affiliated programs under part D, including the 
        evaluation and assessment of the quality of services provided 
        to individuals with developmental disabilities and other 
        activities performed by programs under parts B, C, and D; and
        ``(2) may make grants to and enter into contracts with public 
    or nonprofit private entities for projects of national significance 
    relating to individuals with developmental disabilities to conduct 
    other nationally significant initiatives of sufficient size and 
    scope that hold promise of expanding or otherwise improving 
    opportunities for individuals with developmental disabilities, 
    including_
            ``(A) conducting research and providing technical 
        assistance to assist States to develop statewide, comprehensive 
        information and referral and service coordination systems for 
        individuals with developmental disabilities and their families 
        that are culturally competent and that improve supportive 
        living and quality of life opportunities that enhance 
        recreation, leisure, and fitness;
            ``(B) educating policymakers, including the training of 
        self-advocates and family members of individuals with 
        developmental disabilities;
            ``(C) pursuing Federal interagency initiatives that enhance 
        the ability of Federal agencies to address the needs of 
        individuals with developmental disabilities and their families;
            ``(D) expanding or otherwise improving opportunities for 
        individuals with developmental disabilities who are from racial 
        and ethnic minority backgrounds including projects to encourage 
        members of such groups to participate in the Developmental 
        Disabilities Programs authorized under parts B, C, and D, and 
        increase the involvement of students and professionals of such 
        groups in the provision of services to, supports to, and 
        advocacy for, individuals with developmental disabilities; and
            ``(E) conducting research and providing technical 
        assistance to policymakers concerning the transition of youth 
        with developmental disabilities from school to work and to 
        adult life.'';
        (2) in subsection (b), to read as follows:
    ``(b) Application and Other Grant Requirements._No grant may be 
made under subsection (a) unless_
        ``(1) an application has been submitted to the Secretary in 
    such form, in such manner, and containing such information as the 
    Secretary shall by regulation prescribe and such application has 
    been approved by the Secretary;
        ``(2) each State in which the applicant's project will be 
    conducted has a State plan approved under section 122;
        ``(3) the application provides assurances that the human rights 
    of all individuals with developmental disabilities (especially 
    those individuals without familial protection) who are receiving 
    services under projects assisted under this part will be protected 
    consistent with section 110 (relating to the rights of individuals 
    with developmental disabilities);
        ``(4) the applicant demonstrates, where appropriate, how the 
    project will address, in whole or part, the needs of individuals 
    with developmental disabilities from racial and ethnic minority 
    backgrounds; and
        ``(5) the Secretary provides to the State Developmental 
    Disabilities Council in such State an opportunity to review the 
    application for such project and to submit its comments on the 
    application.'';
        (3) in subsection (c), by striking ``Not later'' and inserting 
    ``Priorities for Grants._Not later'';
        (4) in subsection (d)_
            (A) by striking ``Payments under'' and inserting ``Grant 
        Payments._Payments under''; and
            (B) by inserting before the period in the second sentence 
        ``, except as otherwise provided under section 163'';
        (5) by redesignating subsections (b), (c), and (d) as 
    subsections (c), (d), and (e), respectively;
        (6) by inserting after subsection (a) the following new 
    subsection:
    ``(b) Investigations._
        ``(1) In general._Not later than April 1, 1994, there shall be 
    a special initiative to support grants to investigate the expansion 
    of part B activities to individuals with severe disabilities other 
    than developmental disabilities. Such investigations shall be 
    implemented through the following activities:
            ``(A) A national study of State Developmental Disabilities 
        Councils that are currently mandated under State law or 
        Executive order to focus on individuals with disabilities other 
        than developmental disabilities. Such study shall be completed 
        not later than June 30, 1995.
            ``(B) Pilot initiatives by not more than five additional 
        State Developmental Disabilities Councils, in consultation with 
        and with the support of the protection and advocacy system and 
        the university affiliated program in such State, to study the 
        implications of such expansion in States in which such Councils 
        are located and to delineate barriers, opportunities, and 
        critical issues. Such initiatives shall be completed not later 
        than January 1996.
            ``(C) A national study of the process and outcomes of the 
        pilot studies conducted under subparagraph (B). Such study 
        shall be completed not later than May 30, 1996.
        ``(2) Application._No grant may be made under this subsection 
    unless an applicant submits to the Secretary an application, and 
    meets the additional application requirements, under subsection 
    (c).''; and
        (7) by adding at the end thereof the following new subsection:
    ``(f) List of Recipients._Not later than September 1 of each fiscal 
year, the Secretary shall publish in the Federal Register a list of the 
recipients of grants and contracts in each of the areas authorized in 
subsections (a) and (b), including a brief description of the project, 
and the amount of funds granted to each such project. The amounts for 
such grants and contracts shall total the amount appropriated under 
this part for such fiscal year.''.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General._Section 163(a) (42 U.S.C. 6083(a)) is amended_
        (1) by striking ``$3,650,000'' and inserting ``$4,000,000'';
        (2) by striking ``fiscal year 1991'' and inserting ``fiscal 
    year 1994''; and
        (3) by striking ``fiscal years 1992 and 1993'' and inserting 
    ``fiscal years 1995 and 1996''.
    (b) Limitations._Section 163(b) (42 U.S.C. 6083(b)) is amended to 
read as follows:
    ``(b) Limitations._
        ``(1) Projects of national significance._At least 8 percent, 
    but in no event less than $300,000, of the amounts appropriated 
    pursuant to subsection (a) shall be used to carry out the 
    provisions of section 162(a)(1)(B).
        ``(2) Investigations._
            ``(A) In general._The additional authority to fund projects 
        under section 162(b) shall not be construed as requiring the 
        Secretary to supplant funding for other priorities described in 
        this part.
            ``(B) Time line for funding._If amounts are available to 
        carry out subparagraphs (A), (B), and (C) of section 162(b)(1), 
        the Administration shall provide funding to carry out such 
        subparagraphs not later than May 1 of the fiscal year in which 
        such funds become available.
        ``(3) Programmatic reviews or other administrative activities._
    The Secretary may not use the funds made available under subsection 
    (a) for programmatic reviews as prescribed by regulation or other 
    administrative activities under parts B, C, and D.
        ``(4) Technical assistance for protection and advocacy 
    systems._If technical assistance to improve the effectiveness of 
    protection and advocacy systems under part C is provided under 
    section 142(c)(5)_
            ``(A) no funding for the provision of such technical 
        assistance to protection and advocacy systems shall be provided 
        under this part; and
            ``(B) the amount set aside for technical assistance under 
        section 162(a)(1)(B) shall be proportionally reduced.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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