II

103D CONGRESS

1ST SESSION S. 1284

To amend the Developmental Disabilities Assistance and Bill of Rights Act

to expand or modify certain provisions relating to programs for individuals with developmental disabilities, Federal assistance for priority area

activities for individuals with developmental disabilities, protection and

advocacy of individual rights, university affiliated programs, and projects

of national significance, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 23 (legislative day, JUNE 30), 1993

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

Mr. METZENBAUM, Mr. SIMON, Mr. WELLSTONE, and Mr. WOFFORD) introduced the following bill; which was read twice and referred to the Committee on Labor and Human Resources

A BILL

To amend the Developmental Disabilities Assistance and Bill

of Rights Act to expand or modify certain provisions

relating to programs for individuals with developmental

disabilities, Federal assistance for priority area activities

for individuals with developmental disabilities, protection

and advocacy of individual rights, university affiliated

programs, and projects of national significance, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Developmental Disabilities Assistance and Bill of Rights

4 Act Amendments of 1993’’.

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

6 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

TITLE I—GENERAL PROVISIONS

Sec. 101. Title and part headings.

Sec. 102. Findings and purposes.

Sec. 103. Definitions.

Sec. 104. Federal share.

Sec. 105. Records and audits.

Sec. 106. Recovery.

Sec. 107. State control of operations.

Sec. 108. Reports.

Sec. 109. Responsibilities of the Secretary.

Sec. 110. Employment of handicapped individuals.

Sec. 111. Rights of the developmentally disabled.

TITLE II—FEDERAL ASSISTANCE FOR PRIORITY AREA ACTIVITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

Sec. 201. Part heading.

Sec. 202. Purpose.

Sec. 203. State plans.

Sec. 204. Habilitation plans.

Sec. 205. Councils.

Sec. 206. State allotments.

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

Sec. 208. Payments to the States for planning, administration, and services.

Sec. 209. Withholding of payments for planning, administration, and services.

Sec. 210. Nonduplication.

Sec. 211. Appeals by States.

Sec. 212. Authorization of appropriations.

Sec. 213. Review, analysis, and report.

TITLE III—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS

Sec. 301. Part heading.

Sec. 302. Purpose.

Sec. 303. System required.

Sec. 304. Authorization of appropriations.

TITLE IV—UNIVERSITY AFFILIATED PROGRAMS

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

Sec. 403. Grant authority.

Sec. 404. Applications.

Sec. 405. Grant awards.

Sec. 406. Authorization of appropriations and definition.

TITLE V—PROJECTS OF NATIONAL SIGNIFICANCE

Sec. 501. Part heading.

Sec. 502. Purpose.

Sec. 503. Grant authority.

Sec. 504. Authorization of appropriations.

1 SEC. 2. REFERENCES.

2 Except as otherwise specifically provided, whenever in

3 this Act an amendment or repeal is expressed in terms

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

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

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

8 et seq.).

9 TITLE I—GENERAL PROVISIONS

10 SEC. 101. TITLE AND PART HEADINGS.

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

12 amended to read as follows:

13 ‘‘TITLE I—PROGRAMS FOR INDI14 VIDUALS WITH DEVELOPMEN15 TAL DISABILITIES’’.

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

17 Act is amended to read as follows:
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1 ‘‘PART A—GENERAL PROVISIONS’’.

2 SEC. 102. FINDINGS AND PURPOSES.

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

4 follows:

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

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

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

8 individuals with developmental disabilities in the

9 United States;

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

11 experience and in no way diminishes the right of in12 dividuals with developmental disabilities to live inde13 pendently, enjoy self-determination, make choices,

14 contribute to society, and experience full integration

15 and inclusion in the economic, political, social, cul16 tural, and educational mainstream of American soci17 ety;

18 ‘‘(3) individuals with developmental disabilities

19 continually encounter various forms of discrimina20 tion in such critical areas as employment, housing,

21 public accommodations, education, transportation,

22 communication, recreation, institutionalization,

23 health services, voting, and public services;

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

25 capabilities and competencies of individuals with de26 velopmental disabilities;
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1 ‘‘(5) individuals whose disabilities occur during

2 their developmental period frequently have severe

3 disabilities that are likely to continue indefinitely;

4 ‘‘(6) individuals with developmental disabilities

5 and their families often require specialized lifelong

6 assistance, provided in a coordinated and culturally

7 competent manner by many agencies, professionals,

8 advocates, community representatives, and others to

9 eliminate barriers and to meet the needs of such in10 dividuals and their families;

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

12 developmental disabilities and their families do not

13 have access to appropriate support and services from

14 generic and specialized service systems and remain

15 unserved or underserved;

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

17 the community can play a central role in enhancing

18 the lives of individuals with developmental disabil19 ities, especially when the family and community are

20 provided with the necessary services and supports;

21 and

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

23 the goal of providing individuals with developmental

24 disabilities with the opportunities and support to—

25 ‘‘(A) make informed choices and decisions;
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1 ‘‘(B) live in homes and communities in

2 which such individuals can exercise their full

3 rights and responsibilities as citizens;

4 ‘‘(C) pursue meaningful and productive

5 lives;

6 ‘‘(D) contribute to their family, commu7 nity, State, and Nation;

8 ‘‘(E) have interdependent friendships and

9 relationships with others; and

10 ‘‘(F) achieve full integration and inclusion

11 in society.

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

13 that individuals with developmental disabilities and their

14 families have access to culturally competent services, sup15 ports, and other assistance and opportunities that promote

16 independence, productivity, and integration and inclusion

17 into the community, through—

18 ‘‘(1) support to State Developmental Disabil19 ities Councils in each State to promote, through sys20 temic change, capacity building, and advocacy, a

21 consumer and family-centered, comprehensive sys22 tem, and a coordinated array of services, supports,

23 and other assistance for individuals with devel24 opmental disabilities and their families;
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1 ‘‘(2) support to protection and advocacy sys2 tems in each State to protect the legal and human

3 rights of individuals with developmental disabilities;

4 ‘‘(3) support to university affiliated programs

5 to provide interdisciplinary preservice preparation of

6 students and fellows, community service activities,

7 and the dissemination of information and research

8 findings; and

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

10 necessary data, provide technical assistance to State

11 Developmental Disabilities Councils, protection, and

12 advocacy systems and university affiliated programs,

13 and support other nationally significant activities.

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

15 that all programs, projects, and activities receiving assist16 ance under this Act shall be carried out in a manner con17 sistent with the principles that—

18 ‘‘(1) individuals with developmental disabilities,

19 including those with the most severe developmental

20 disabilities, are capable of achieving independence,

21 productivity, and integration and inclusion into the

22 community, and the provision of services, supports

23 and other assistance can improve such individuals’

24 ability to achieve independence, productivity, and in25 tegration and inclusion;
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1 ‘‘(2) individuals with developmental disabilities

2 and their families are the primary decisionmakers

3 regarding the services and supports such individuals

4 and their families receive and play decisionmaking

5 roles in policies and programs that affect the lives

6 of such individuals and their families;

7 ‘‘(3) individuals with developmental disabilities

8 and their families have competencies, capabilities

9 and personal goals that should be recognized, sup10 ported, and encouraged;

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

12 provided in a manner that demonstrates respect for

13 individual dignity, personal preferences, and cultural

14 differences;

15 ‘‘(5) communities accept and support individ16 uals with developmental disabilities and are enriched

17 by the full and active participation and the contribu18 tions by individuals with developmental disabilities

19 and their families; and

20 ‘‘(6) individuals with developmental disabilities

21 have opportunities and the necessary support to be

22 included in community life, have interdependent re23 lationships, live in homes and communities, and

24 make contributions to their families, community,

25 State, and Nation.’’.
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1 SEC. 103. DEFINITIONS.

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

3 follows:

4 ‘‘SEC. 102. DEFINITIONS.

5 ‘‘For purposes of this title:

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

7 term ‘American Indian Consortium’ means any con8 federation of two or more recognized American In9 dian tribes, created through the official action of

10 each participating tribe, that has a combined total

11 resident population of 150,000 enrolled tribal mem12 bers and a contiguous territory of Indian lands in

13 two or more States.

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

15 term ‘assistive technology device’ means any item,

16 piece of equipment, or product system, whether ac17 quired commercially, modified or customized, that is

18 used to increase, maintain, or improve functional ca19 pabilities of individuals with developmental disabil20 ities.

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

22 term ‘assistive technology service’ means any service

23 that directly assists an individual with a developmen24 tal disability in the selection, acquisition, or use, of

25 an assistive technology device. Such term includes—
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1 ‘‘(A) the evaluation of the needs of an indi2 vidual with a developmental disability, including

3 a functional evaluation of such individual in

4 such individual’s customary environment;

5 ‘‘(B) purchasing, leasing, or otherwise pro6 viding for the acquisition of assistive technology

7 devices by an individual with a developmental

8 disability;

9 ‘‘(C) selecting, designing, fitting, customiz10 ing, adapting, applying, maintaining, repairing

11 or replacing assistive technology devices;

12 ‘‘(D) coordinating and using other thera13 pies, interventions, or services with assistive

14 technology devices, such as those associated

15 with existing education and rehabilitation plans

16 and programs;

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

18 individual with a developmental disability, or,

19 where appropriate, the family of an individual

20 with a developmental disability; and

21 ‘‘(F) training or technical assistance for

22 professionals (including individuals providing

23 education and rehabilitation services), employ24 ers, or other individuals who provide services to,

25 employ, or are otherwise substantially involved
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1 in the major life functions of, an individual with

2 developmental disabilities.

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

4 term ‘child development activities’ means such prior5 ity area activities as will assist in the prevention,

6 identification, and alleviation of developmental dis7 abilities in children, including early intervention

8 services.

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

10 term ‘community living activities’ means such prior11 ity area activities as will assist individuals with de12 velopmental disabilities to obtain and receive the

13 supports needed to live in their family home or a

14 home of their own with individuals of their choice

15 and to develop supports in the community.

16 ‘‘(6) COMMUNITY SUPPORTS.—The term ‘com17 munity supports’ means activities, services, supports,

18 and other assistance designed to—

19 ‘‘(A) assist neighborhoods and commu20 nities to be more responsive to the needs of in21 dividuals with developmental disabilities and

22 their families;

23 ‘‘(B) develop local networks that can pro24 vide informal support; and
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1 ‘‘(C) make communities accessible and en2 able communities to offer their resources and

3 opportunities to individuals with developmental

4 disabilities and their families.

5 Such term includes community education, personal

6 assistance services, vehicular and home modifica7 tions, support at work, and transportation.

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

9 ‘developmental disability’ means a severe, chronic

10 disability of an individual 5 years of age or older

11 that—

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

13 impairment or combination of mental and phys14 ical impairments;

15 ‘‘(B) is manifested before the individual at16 tains age 22;

17 ‘‘(C) is likely to continue indefinitely;

18 ‘‘(D) results in substantial functional limi19 tations in three or more of the following areas

20 of major life activity—

21 ‘‘(i) self-care;

22 ‘‘(ii) receptive and expressive lan23 guage;

24 ‘‘(iii) learning;

25 ‘‘(iv) mobility;
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1 ‘‘(v) self-direction;

2 ‘‘(vi) capacity for independent living;

3 and

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

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

6 combination and sequence of special, inter7 disciplinary, or generic services, supports, or

8 other assistance that are of lifelong or extended

9 duration and are individually planned and co10 ordinated,

11 except that such term, when applied to infants and

12 young children means individuals from birth to age

13 5, inclusive, who have substantial developmental

14 delay or specific congenital or acquired conditions

15 with a high probability of resulting in developmental

16 disabilities if services are not provided.

17 ‘‘(8) EARLY INTERVENTION SERVICES.—The

18 term ‘early intervention services’ means services pro19 vided to infants, toddlers, young children, and their

20 families to—

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

22 toddlers, and young children with disabilities

23 and to minimize their potential for developmen24 tal delay; and
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1 ‘‘(B) enhance the capacity of families to

2 meet the special needs of their infants, toddlers,

3 and young children.

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

5 ‘employment activities’ means such priority area ac6 tivities as will increase the independence, productiv7 ity, and integration and inclusion into the commu8 nity of individuals with developmental disabilities in

9 work settings.

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

11 ‘family support service’ means services, supports,

12 and other assistance provided to families with mem13 bers with developmental disabilities, that are de14 signed to—

15 ‘‘(A) strengthen the family’s role as pri16 mary caregiver;

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

18 placement and maintain family unity; and

19 ‘‘(C) reunite families with members who

20 have been placed out of the home.

21 Such term includes respite care, rehabilitation tech22 nology, personal assistance services, parent training

23 and counseling, support for elderly parents, vehicu24 lar and home modifications, and assistance with ex-
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1 traordinary expenses associated with the needs of in2 dividuals with developmental disabilities.

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

4 ‘Federal priority areas’ means community living ac5 tivities, employment activities, child development ac6 tivities, and system coordination and community

7 education activities.

8 ‘‘(12) INDEPENDENCE.—The term ‘independ9 ence’ means the extent to which individuals with de10 velopmental disabilities exert control and choice over

11 their own lives.

12 ‘‘(13) INDIVIDUAL SUPPORTS.—The term ‘indi13 vidual supports’ means services, supports, and other

14 assistance that enable an individual with a devel15 opmental disability to be independent, productive, in16 tegrated, and included into such individual’s commu17 nity, and that are designed to—

18 ‘‘(A) enable such individual to control such

19 individual’s environment, permitting the most

20 independent life possible;

21 ‘‘(B) prevent placement into a more re22 strictive living arrangement than is necessary;

23 and

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

25 work, and enjoy life in the community.
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1 Such term includes personal assistance services, re2 habilitation technology, vehicular and home modi3 fications, support at work, and transportation.

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

5 term ‘integration and inclusion’, with respect to indi6 viduals with developmental disabilities, means—

7 ‘‘(A) the use by individuals with devel8 opmental disabilities of the same community re9 sources that are used by and available to other

10 citizens;

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

12 resources, with regular contact with citizens

13 without disabilities in their communities;

14 ‘‘(C) the full and active participation by in15 dividuals with developmental disabilities in the

16 same community activities and types of employ17 ment as citizens without disabilities, and utili18 zation of the same community resources as citi19 zens without disabilities, living, learning, work20 ing, and enjoying life in regular contact with

21 citizens without disabilities; and

22 ‘‘(D) having friendships and relationships

23 with individuals and families of their own

24 choosing.
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1 ‘‘(15) NONPROFIT.—The term ‘nonprofit’

2 means an agency, institution, or organization that is

3 owned or operated by one or more corporations or

4 associations, no part of the net earnings of which in5 ures, or may lawfully inure, to the benefit of any pri6 vate shareholder or individual.

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

8 ‘other organizations’ means those organizations that

9 are not State agencies or nonprofit agencies, except

10 such organizations may be consulting firms, inde11 pendent proprietary businesses and providers, and

12 local community groups not organizationally incor13 porated, and that are interested in supporting indi14 viduals with developmental disabilities.

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

16 term ‘personal assistance services’ means a range of

17 services, provided by one or more individuals, de18 signed to assist an individual with a disability to

19 perform daily living activities on or off a job that

20 such individual would typically perform if such indi21 vidual did not have a disability. Such services shall

22 be designed to increase such individual’s control in

23 life and ability to perform everyday activities on or

24 off such job.
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1 ‘‘(18) PREVENTION.—The term ‘prevention’

2 means activities that address the causes of devel3 opmental disabilities and the exacerbation of func4 tional limitations, such as activities that—

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

6 cause or predispose individuals to developmental

7 disabilities or that increase the prevalence of

8 developmental disabilities;

9 ‘‘(B) increase the early identification of ex10 isting problems to eliminate circumstances that

11 create or increase functional limitations; and

12 ‘‘(C) mitigate against the effects of devel13 opmental disabilities throughout the individual’s

14 lifespan.

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

16 means—

17 ‘‘(A) engagement in income-producing

18 work that is measured by increased income, im19 proved employment status, or job advancement;

20 or

21 ‘‘(B) engagement in work that contributes

22 to a household or community.

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

24 The term ‘protection and advocacy system’ means a
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1 protection and advocacy system established in ac2 cordance with section 142.

3 ‘‘(21) REHABILITATION TECHNOLOGY.—The

4 term ‘rehabilitation technology’ means the system5 atic application of technologies, engineering meth6 odologies, or scientific principles to meet the needs

7 of, and address the barriers confronted by, individ8 uals with developmental disabilities in areas that in9 clude education, rehabilitation, employment, trans10 portation, independent living, and recreation. Such

11 term includes rehabilitation engineering, assistive

12 technology devices, and assistive technology services.

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

14 means the Secretary of Health and Human Services.

15 ‘‘(23) SERVICE COORDINATION ACTIVITIES.—

16 The term ‘service coordination activities’ (also re17 ferred to as ‘case management activities’) means ac18 tivities that assist and enable individuals with devel19 opmental disabilities and their families to access

20 services, supports and other assistance, and in21 cludes—

22 ‘‘(A) the provision of information to indi23 viduals with developmental disabilities and their

24 families about the availability of services, sup25 ports, and other assistance;
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1 ‘‘(B) assistance in obtaining appropriate

2 services, supports, and other assistance, which

3 may include facilitating and organizing such as4 sistance;

5 ‘‘(C) coordination and monitoring of serv6 ices, supports, and other assistance provided

7 singly or in combination to individuals with de8 velopmental disabilities and their families to en9 sure accessibility, continuity, and accountability

10 of such assistance; and

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

12 through a continuing relationship, that the

13 changing needs of individuals with developmen14 tal disabilities and their families are recognized

15 and appropriately met.

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

17 addition to each of the several States of the United

18 States, the District of Columbia, the Commonwealth

19 of Puerto Rico, the United States Virgin Islands,

20 Guam, American Samoa, the Commonwealth of the

21 Northern Mariana Islands, and the Republic of

22 Palau (until the Compact of Free Association with

23 Palau takes effect).

24 ‘‘(25) STATE DEVELOPMENTAL DISABILITIES

25 COUNCIL.—The term ‘State Developmental Disabil-
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1 ities Council’ means a Council established under sec2 tion 124.

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

4 priority area’ means priority area activities in an

5 area considered essential by the State Developmental

6 Disabilities Council.

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

8 ‘supported employment’ means competitive work in

9 integrated work settings for individuals with devel10 opmental disabilities—

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

12 has not traditionally occurred; or

13 ‘‘(ii) for whom competitive employment has

14 been interrupted or intermittent as a result of

15 a severe disability; and

16 ‘‘(B) who, because of the nature and sever17 ity of their disability, need intensive supported

18 employment services or extended services in

19 order to perform such work.

20 ‘‘(28) SYSTEM COORDINATION AND COMMUNITY

21 EDUCATION ACTIVITIES.—The term ‘system coordi22 nation and community education activities’ means

23 activities that—
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1 ‘‘(A) eliminate barriers to access and eligi2 bility for services, supports, and other assist3 ance;

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

5 and integration, including the encouragement of

6 the creation of local service coordination and in7 formation and referral statewide systems;

8 ‘‘(C) enhance individual, family, and citi9 zen participation and involvement; and

10 ‘‘(D) develop and support coalitions and

11 individuals through training in self-advocacy,

12 educating policymakers, and citizen leadership

13 skills.

14 ‘‘(29) SYSTEMIC ADVOCACY.—The term ‘sys15 temic advocacy’ means activities that identify, sup16 port, and recommend improvements in the planning,

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

18 generic or specialized services and supports.

19 ‘‘(30) UNIVERSITY AFFILIATED PROGRAM.—

20 The term ‘university affiliated program’ means a

21 university affiliated program established under sec22 tion 152.’’.

23 SEC. 104. FEDERAL SHARE.

24 Section 103 (42 U.S.C. 6002) is repealed.
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1 SEC. 105. RECORDS AND AUDITS.

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

3 6003) is amended—

4 (1) by striking ‘‘SEC. 104.’’; and

5 (2) in the section heading, by striking

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

7 new section heading:

8 ‘‘SEC. 104. RECORDS AND AUDITS.’’.

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

10 6003) is amended—

11 (1) in subsection (a)—

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

13 ‘‘RECORDS.—Each’’;

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

15 ‘‘including—’’;

16 (C) by realigning the margins of subpara17 graphs (A), (B), and (C) of paragraph (1) so

18 as to align with the margins of subparagraphs

19 (A) and (B) of paragraph (27) of section 102;

20 (D) by realigning the margins of para21 graphs (1) and (2) so as to align with the mar22 gin of paragraph (30) of section 102;

23 (E) in paragraph (1), by striking ‘‘dis24 close’’ and inserting ‘‘disclose—’’; and

25 (F) by striking the comma each place such

26 appears and inserting a semicolon; and
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1 (2) in subsection (b), by striking ‘‘The Sec2 retary’’ and inserting ‘‘ACCESS.—The Secretary’’.

3 SEC. 106. RECOVERY.

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

5 SEC. 107. STATE CONTROL OF OPERATIONS.

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

7 (1) by striking ‘‘SEC. 106.’’;

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

9 CONTROL OF OPERATIONS’’ and inserting the follow10 ing new section heading:

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

12 and

13 (3) by striking ‘‘facility for persons’’ and insert14 ing ‘‘programs, services, and supports for individ15 uals’’.

16 SEC. 108. REPORTS.

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

18 6006) is amended—

19 (1) by striking ‘‘SEC. 107.’’; and

20 (2) in the section heading, by striking ‘‘RE21 PORTS’’ and inserting the following new section

22 heading:

23 ‘‘SEC. 107. REPORTS.’’.

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

25 amended—
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1 (1) in subsection (a)—

2 (A) in the matter preceding paragraph

3 (1)—

4 (i) by striking, ‘‘By January’’ and in5 serting ‘‘DEVELOPMENTAL DISABILITIES

6 COUNCIL REPORTS.—By January’’;

7 (ii) by striking ‘‘the State Planning

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

9 State Developmental Disabilities Council’’;

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

11 and inserting ‘‘a report of’’; and

12 (iv) by striking ‘‘such report’’ and in13 serting ‘‘report’’;

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

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

16 such activities’’ and inserting ‘‘of activities and

17 accomplishments’’;

18 (C) in paragraph (2)—

19 (i) by striking ‘‘such accomplish20 ments’’ and inserting ‘‘accomplishments’’;

21 and

22 (ii) by striking ‘‘by the State’’;

23 (D) in paragraph (4)—

24 (i) by striking ‘‘Planning’’ and insert25 ing ‘‘Developmental Disabilities’’;
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1 (ii) by striking ‘‘each’’ each place such

2 term appears;

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

4 ‘‘reports’’;

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

6 inserting ‘‘1902(a)(31)’’;

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

8 ‘‘plans’’; and

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

10 a semicolon;

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

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

13 paragraphs:

14 ‘‘(5) a description of—

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

16 State concerning systemic change (including

17 policy reform), capacity building, advocacy, and

18 other actions on behalf of individuals with de19 velopmental disabilities, with attention to indi20 viduals who are traditionally unserved and un21 derserved, including individuals who are mem22 bers of ethnic and racial minority groups, and

23 individuals from underserved geographic areas;

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

25 and advocacy activities that affect individuals
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1 with disabilities other than developmental dis2 abilities; and

3 ‘‘(C) a summary of actions taken to im4 prove access and services for unserved and un5 derserved groups;

6 ‘‘(6) a description of resources leveraged by ac7 tivities directly attributable to State Developmental

8 Disabilities Council actions; and

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

10 State Developmental Disabilities Council shall widely

11 disseminate the annual report to affected constitu12 encies as well as the general public and to assure

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

14 (2) in subsection (b)—

15 (A) by striking ‘‘By January’’ and insert16 ing ‘‘PROTECTION AND ADVOCACY SYSTEM RE17 PORTS.—By January’’; and

18 (B) by inserting before the period ‘‘, in19 cluding a description of the system’s priorities

20 for such fiscal year, the process used to obtain

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

22 such input was used’’; and

23 (3) in subsection (c)—

24 (A) by realigning the margins of subpara25 graphs (A) and (B) of paragraph (1) so as to
28

•S 1284 IS

1 align with the margins of subparagraph (C) of

2 such paragraph;

3 (B) by realigning the margins of para4 graphs (1) and (2) so as to align with the mar5 gin of paragraph (1) of subsection (a);

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

7 SECRETARY REPORTS.—’’;

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

9 following:

10 ‘‘(1) IN GENERAL.—By’’;

11 (E) in paragraph (1)—

12 (i) in subparagraph (B)—

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

14 place such term appears and inserting

15 ‘‘integration and inclusion’’; and

16 (II) by striking ‘‘persons’’ and in17 serting ‘‘individuals’’;

18 (ii) by striking subparagraph (C) and

19 inserting the following new subparagraph:

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

21 the States concerning systemic change (includ22 ing policy reform), capacity building, advocacy,

23 and other actions on behalf of individuals with

24 developmental disabilities, with attention to in25 dividuals who are traditionally unserved and
29

•S 1284 IS

1 underserved, including individuals who are

2 members of ethnic and racial minority groups,

3 and individuals from underserved geographic

4 areas;

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

6 and advocacy activities that affect individuals

7 with disabilities other than developmental dis8 abilities; and

9 ‘‘(iii) a summary of actions taken to im10 prove access and services for unserved and un11 derserved groups;’’; and

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

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

14 (F) in paragraph (2)—

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

16 inserting ‘‘include and analyze’’; and

17 (ii) by striking ‘‘to the Secretary’’.

18 SEC. 109. RESPONSIBILITIES OF THE SECRETARY.

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

20 6007) is amended—

21 (1) by striking ‘‘SEC. 108.’’; and

22 (2) in the section heading, by striking ‘‘RE23 SPONSIBILITIES OF THE SECRETARY’’ and inserting

24 the following new section heading:
30

•S 1284 IS

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

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

3 6007) is amended—

4 (1) in subsection (a), by striking ‘‘The Sec5 retary’’ and inserting ‘‘REGULATIONS.—The Sec6 retary’’; and

7 (2) in subsection (b)—

8 (A) by striking ‘‘Within ninety’’ and in9 serting ‘‘INTERAGENCY COMMITTEE.—Within

10 90’’; and

11 (B) by striking ‘‘Administration for Devel12 opmental Disabilities’’ and inserting ‘‘Adminis13 tration on Developmental Disabilities,’’.

14 SEC. 110. EMPLOYMENT OF HANDICAPPED INDIVIDUALS.

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

16 6008) is amended—

17 (1) by striking ‘‘SEC. 109.’’; and

18 (2) in the section heading, by striking ‘‘EM19 PLOYMENT OF HANDICAPPED INDIVIDUALS’’ and in20 serting the following new section heading:

21 ‘‘SEC. 109. EMPLOYMENT OF INDIVIDUALS WITH DISABIL22 ITIES.’’.

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

24 amended—

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

26 inserting ‘‘individuals with disabilities’’;
31

•S 1284 IS

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

2 1973’’; and

3 (3) by striking ‘‘which govern’’ and all that fol4 lows through ‘‘subcontracts.’’ and inserting the fol5 lowing: ‘‘that govern employment—

6 ‘‘(1) by State rehabilitation agencies and com7 munity rehabilitation programs; and

8 ‘‘(2) under Federal contracts and sub9 contracts.’’.

10 SEC. 111. RIGHTS OF THE DEVELOPMENTALLY DISABLED.

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

12 6009) is amended—

13 (1) by striking ‘‘SEC. 110.’’; and

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

15 OF THE DEVELOPMENTALLY DISABLED’’ and insert16 ing the following new section heading:

17 ‘‘SEC. 110. RIGHTS OF INDIVIDUALS WITH DEVELOPMEN18 TAL DISABILITIES.’’.

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

20 amended—

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

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

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

24 inserting ‘‘Individuals’’;

25 (3) in paragraph (2)—
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•S 1284 IS

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

2 ‘‘an individual’’;

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

4 ‘‘the individual’’; and

5 (C) by striking ‘‘the person’s’’ and insert6 ing ‘‘the individual’s’’;

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

8 each place such term appears and inserting ‘‘individ9 uals’’;

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

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

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

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

15 inserting ‘‘individuals’’.

16 TITLE II—FEDERAL ASSISTANCE

17 FOR PRIORITY AREA ACTIVI18 TIES FOR INDIVIDUALS WITH

19 DEVELOPMENTAL DISABIL20 ITIES

21 SEC. 201. PART HEADING.

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

23 to read as follows:
33

•S 1284 IS

1 ‘‘PART B—FEDERAL ASSISTANCE TO STATE

2 DEVELOPMENTAL DISABILITIES COUNCILS’’.

3 SEC. 202. PURPOSE.

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

5 follows:

6 ‘‘SEC. 121. PURPOSE.

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

8 to support State Developmental Disabilities Councils in

9 each State to promote, through systemic change, capacity

10 building, and advocacy, the development of a consumer

11 and family-centered, comprehensive system and a coordi12 nated array of services, supports, and other assistance de13 signed to achieve independence, productivity, and integra14 tion and inclusion into the community for individuals with

15 developmental disabilities.’’.

16 SEC. 203. STATE PLANS.

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

18 follows:

19 ‘‘SEC. 122. STATE PLAN.

20 ‘‘(a) IN GENERAL.—Any State desiring to take ad21 vantage of this part shall have a State plan submitted to,

22 and approved by, the Secretary under this section.

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

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

25 every 3 years.
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•S 1284 IS

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

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

3 shall meet the requirements in paragraphs (1) through

4 (5).

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

6 for the establishment and maintenance of a State

7 Developmental Disabilities Council in accordance

8 with section 124 and describe the membership of

9 such Council.

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

11 shall identify the agency or office within the State

12 designated to support the State Developmental Dis13 abilities Council in accordance with this section and

14 section 124(d).

15 ‘‘(3) COMPREHENSIVE REVIEW AND ANALY16 SIS.—The plan shall contain a comprehensive review

17 and analysis of the extent to which services and sup18 ports are available to, and the need for services and

19 supports for, individuals with developmental disabil20 ities and their families. Such review and analysis

21 shall include—

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

23 and other assistance being provided to, or to be

24 provided to, individuals with developmental dis25 abilities and their families under other federally
35

•S 1284 IS

1 assisted State programs, plans, and policies

2 that the State conducts and in which individ3 uals with developmental disabilities are or may

4 be eligible to participate, including programs re5 lating to education, job training, vocational re6 habilitation, public assistance, medical assist7 ance, social services, child welfare, maternal

8 and child health, aging, programs for children

9 with special health care needs, children’s mental

10 health, housing, transportation, technology,

11 comprehensive health and mental health, and

12 such other programs as the Secretary may

13 specify;

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

15 agencies operating such other federally assisted

16 State programs pursue interagency initiatives to

17 improve and enhance services, supports, and

18 other assistance for individuals with devel19 opmental disabilities; and

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

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

22 four Federal priority areas and an optional

23 State priority area, including—

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

25 State priority areas in relation to the de-
36

•S 1284 IS

1 gree of support for individuals with devel2 opmental disabilities attributable to either

3 physical impairment, mental impairment,

4 or a combination of physical and mental

5 impairments;

6 ‘‘(ii) an analysis of criteria for eligi7 bility for services, including specialized

8 services and special adaptation of generic

9 services provided by agencies within the

10 State, that may exclude individuals with

11 developmental disabilities from receiving

12 such services;

13 ‘‘(iii) consideration of the report con14 ducted pursuant to section 124(e);

15 ‘‘(iv) consideration of the data col16 lected by the State educational agency

17 under section 618 of the Individuals with

18 Disabilities Education Act;

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

20 technology, or knowledge that may be un21 available to assist individuals with devel22 opmental disabilities;

23 ‘‘(vi) an analysis of existing and pro24 jected fiscal resources;
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•S 1284 IS

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

2 identified by the State Developmental Dis3 abilities Council; and

4 ‘‘(viii) the formulation of objectives in

5 systemic change, capacity building, and ad6 vocacy to address the issues described in

7 clauses (i) through (v) for all subpopula8 tions of individuals with developmental dis9 abilities that may be identified by the

10 State Developmental Disabilities Council.

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

12 ‘‘(A) specify employment, and at the dis13 cretion of the State, any or all of the three

14 other Federal priority areas and an optional

15 State priority area that are selected by the

16 State Developmental Disabilities Council for

17 such Council’s major systemic change, capacity

18 building, and advocacy activities to be ad19 dressed during the plan period and describe the

20 extent and scope of the Federal and State pri21 ority areas that will be addressed under the

22 plan in the fiscal year;

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

24 year objectives to be achieved and include a list25 ing of the programs, activities, and resources by
38

•S 1284 IS

1 which the State Developmental Disabilities

2 Council will implement its systemic change, ca3 pacity building, and advocacy agenda in se4 lected priority areas, and set forth the non-Fed5 eral share required to carry out each objective;

6 and

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

8 evaluation of the plan’s effectiveness in meeting

9 the objectives described in subparagraph (B).

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

11 be supported by the assurances described in sub12 paragraphs (A) through (N), which are satisfactory

13 to the Secretary.

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

15 funds paid to the State under section 125, the

16 plan shall provide assurances that—

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

18 a significant contribution toward enhanc19 ing the independence, productivity, and in20 tegration and inclusion into the community

21 of individuals with developmental disabil22 ities in various political subdivisions of the

23 State;

24 ‘‘(ii) such funds will be used to sup25 plement and to increase the level of funds
39

•S 1284 IS

1 that would otherwise be made available for

2 the purposes for which Federal funds are

3 provided and not to supplant non-Federal

4 funds;

5 ‘‘(iii) such funds will be used to com6 plement and augment rather than dupli7 cate or replace services for individuals with

8 developmental disabilities and their fami9 lies who are eligible for Federal assistance

10 under other State programs;

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

12 available by the State to public or private

13 entities;

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

15 funds will be allocated to the agency des16 ignated under section 124(d) for service

17 demonstration by such agency and that

18 such funds and demonstration services

19 have been explicitly authorized by the

20 State Developmental Disabilities Council;

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

22 amount available to the State under sec23 tion 125 shall be expended for activities in

24 the Federal priority area of employment

25 activities, and, at the discretion of the
40

•S 1284 IS

1 State, activities in any or all of the three

2 other Federal priority areas and an op3 tional State priority area; and

4 ‘‘(vii) the remainder of the amount

5 available to the State from allotments

6 under section 125 (after making expendi7 tures required by clause (vi)) shall be used

8 for the planning, coordination, administra9 tion, and implementation of priority area

10 activities, and other activities relating to

11 systemic change, capacity building, and ad12 vocacy to implement the responsibilities of

13 the State Developmental Disabilities Coun14 cil pursuant to section 124(c).

15 ‘‘(B) STATE FINANCIAL PARTICIPATION.—

16 The plan shall provide assurances that there

17 will be reasonable State financial participation

18 in the cost of carrying out the State plan.

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

20 shall provide assurances that the State Devel21 opmental Disabilities Council has approved con22 flict of interest policies as of October 1, 1994,

23 to ensure that no member of such Council shall

24 cast a vote on any matter that would provide

25 direct financial benefit to the member or other-
41

•S 1284 IS

1 wise give the appearance of a conflict of inter2 est.

3 ‘‘(D) URBAN AND RURAL POVERTY

4 AREAS.—The plan shall provide assurances that

5 special financial and technical assistance shall

6 be given to organizations that provide services,

7 supports, and other assistance to individuals

8 with developmental disabilities who live in areas

9 designated as urban or rural poverty areas.

10 ‘‘(E) PROGRAM STANDARDS.—The plan

11 shall provide assurances that programs,

12 projects, and activities assisted under the plan,

13 and the buildings in which such programs,

14 projects, and activities are operated, will meet

15 standards prescribed by the Secretary in regula16 tion and all applicable Federal and State acces17 sibility standards.

18 ‘‘(F) INDIVIDUALIZED SERVICES.—The

19 plan shall provide assurances that any direct

20 services provided to individuals with devel21 opmental disabilities and funded under this

22 plan will be provided in an individualized man23 ner, consistent with unique strengths, resources,

24 priorities, concerns, abilities and capabilities of

25 an individual.
42

•S 1284 IS

1 ‘‘(G) HUMAN RIGHTS.—The plan shall pro2 vide assurances that the human rights of all in3 dividuals with developmental disabilities (espe4 cially those individuals without familial protec5 tion) who are receiving services under programs

6 assisted under this part will be protected con7 sistent with section 110 (relating to rights of

8 individuals with developmental disabilities).

9 ‘‘(H) MINORITY PARTICIPATION.—The

10 plan shall provide assurances that the State has

11 taken affirmative steps to assure that participa12 tion in programs under this part is geographi13 cally representative of the State, and reflects

14 the diversity of the State with respect to race

15 and ethnicity.

16 ‘‘(I) INTERMEDIATE CARE FACILITY FOR

17 THE MENTALLY RETARDED SURVEY RE18 PORTS.—The plan shall provide assurances that

19 the State will provide the State Developmental

20 Disabilities Council with a copy of each annual

21 survey report and plan of corrections for cited

22 deficiencies prepared pursuant to section

23 1902(a)(31) of the Social Security Act with re24 spect to any intermediate care facility for the

25 mentally retarded in such State not less than
43

•S 1284 IS

1 30 days after the completion of each such re2 port or plan.

3 ‘‘(J) VOLUNTEERS.—The plan shall pro4 vide assurances that the maximum utilization of

5 all available community resources including vol6 unteers serving under the Domestic Volunteer

7 Service Act of 1973 and other appropriate vol8 untary organizations will be provided for, except

9 that such volunteer services shall supplement,

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

11 employees.

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

13 shall provide assurances that fair and equitable

14 arrangements (as determined by the Secretary

15 after consultation with the Secretary of Labor)

16 will be provided to protect the interests of em17 ployees affected by actions under the plan to

18 provide community living activities, including

19 arrangements designed to preserve employee

20 rights and benefits and to provide training and

21 retraining of such employees where necessary

22 and arrangements under which maximum ef23 forts will be made to guarantee the employment

24 of such employees.
44

•S 1284 IS

1 ‘‘(L) STAFF ASSIGNMENTS.—The plan

2 shall provide assurances that the staff and

3 other personnel of the State Developmental Dis4 abilities Council, while working for the Council,

5 are responsible solely for assisting the Council

6 in carrying out its duties under this part and

7 are not assigned duties by the designated State

8 agency or any other agency or office of the

9 State.

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

11 provide assurances that the designated State

12 agency or other office of the State will not

13 interfere with systemic change, capacity build14 ing, and advocacy activities, budget, personnel,

15 State plan development, or plan implementation

16 of the State Developmental Disabilities Council.

17 ‘‘(N) OTHER ASSURANCES.—The plan

18 shall contain such additional information and

19 assurances as the Secretary may find necessary

20 to carry out the provisions and purposes of this

21 part.

22 ‘‘(d) PUBLIC REVIEW, SUBMISSION, AND AP23 PROVAL.—

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

25 available for public review and comment with appro-
45

•S 1284 IS

1 priate and sufficient notice in accessible formats and

2 take into account and respond to significant sugges3 tions, as prescribed by the Secretary in regulation.

4 ‘‘(2) CONSULTATION WITH THE DESIGNATED

5 STATE AGENCY.—Before the plan is submitted to

6 the Secretary, the State Developmental Disabilities

7 Council shall consult with the designated State agen8 cy to ensure that the State plan is consistent with

9 State law and to obtain appropriate State plan

10 assurances.

11 ‘‘(3) PLAN APPROVAL.—The Secretary shall ap12 prove any State plan and annual updates of such

13 plan that comply with the provisions of subsections

14 (a), (b), and (c). The Secretary may not finally dis15 approve a State plan except after providing reason16 able notice and an opportunity for a hearing to the

17 State.’’.

18 SEC. 204. HABILITATION PLANS.

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

20 SEC. 205. COUNCILS.

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

22 follows:
46

•S 1284 IS

1 ‘‘SEC. 124. STATE DEVELOPMENTAL DISABILITIES COUN2 CILS AND DESIGNATED STATE AGENCIES.

3 ‘‘(a) IN GENERAL.—Each State that receives assist4 ance under this part shall establish and maintain a State

5 Developmental Disabilities Council (hereafter in this sec6 tion referred to as the ‘Council’) to conduct systemic

7 change, capacity building, and advocacy activities on be8 half of all individuals with developmental disabilities. The

9 Council shall have the authority to fulfill its responsibil10 ities described in subsection (c).

11 ‘‘(b) COUNCIL MEMBERSHIP.—

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

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

14 Governor of the State from among the residents of

15 that State. The Governor shall select members of the

16 Council, at his or her discretion, after soliciting rec17 ommendations from organizations representing a

18 broad range of individuals with developmental dis19 abilities and individuals interested in individuals

20 with developmental disabilities, including the non21 State agency members of the Council. The Council

22 shall coordinate Council and public input to the Gov23 ernor regarding all recommendations. To the extent

24 feasible, the membership of the Council shall be geo25 graphically representative of the State and reflect
47

•S 1284 IS

1 the diversity of the State with respect to race and

2 ethnicity.

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

4 shall make appropriate provisions to rotate the mem5 bership of the Council. Such provisions shall allow

6 members to continue to serve on the Council until

7 such members’ successors are appointed. The Coun8 cil shall notify the Governor and the Secretary, and

9 the Secretary shall contact the Governor regarding

10 membership requirements, when vacancies remain

11 unfilled for a significant period of time.

12 ‘‘(3) REPRESENTATION OF AGENCIES AND OR13 GANIZATIONS.—Each Council shall at all times in14 clude representatives of the principal State agencies

15 (including the State agencies that administer funds

16 provided under the Rehabilitation Act of 1973, the

17 Individuals with Disabilities Education Act, the

18 Older Americans Act, and title XIX of the Social Se19 curity Act), institutions of higher education, each

20 university affiliated program in the State established

21 under part D, the State protection and advocacy

22 system established under part C, and local agencies,

23 nongovernmental agencies, and private nonprofit

24 groups concerned with services for individuals with

25 developmental disabilities in the State in which such
48

•S 1284 IS

1 agencies and groups are located. Such representa2 tives shall—

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

4 policy planning and implementation on behalf of

5 the department, agency, or program such rep6 resentatives represent; and

7 ‘‘(B) recuse themselves from any discus8 sion of grants or contracts for which such rep9 resentatives’ departments, agencies, or pro10 grams are grantees or applicants and comply

11 with the conflict of interest policies required

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

13 ‘‘(4) REPRESENTATION OF INDIVIDUALS WITH

14 DEVELOPMENTAL DISABILITIES.—Not less than 50

15 percent of the membership of each Council shall con16 sist of individuals who are—

17 ‘‘(A)(i) individuals with developmental dis18 abilities;

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

20 developmental disabilities; or

21 ‘‘(iii) immediate relatives or guardians of

22 adults with mentally impairing developmental

23 disabilities who cannot advocate for themselves;

24 and
49

•S 1284 IS

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

2 receives funds or provides services under this

3 part, and who are not managing employees (as

4 defined in section 1126(b) of the Social Secu5 rity Act) of any other entity that receives funds

6 or provides services under this part.

7 ‘‘(5) COMPOSITION OF MEMBERSHIP WITH DE8 VELOPMENTAL DISABILITIES.—Of the members of

9 the Council described in paragraph (4)—

10 ‘‘(A) one-third shall be individuals with de11 velopmental disabilities as described in para12 graph (4)(A)(i);

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

14 with developmental disabilities as described in

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

16 guardians of adults with mentally impairing de17 velopmental disabilities as described in para18 graph (4)(A)(iii); and

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

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

21 ‘‘(6) INSTITUTIONALIZED INDIVIDUALS.—Of

22 the members of the Council described in paragraph

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

24 guardian of an institutionalized or previously institu25 tionalized individual with a developmental disability
50

•S 1284 IS

1 or an individual with a developmental disability who

2 resides or previously resided in an institution. This

3 paragraph shall not apply with respect to a State if

4 such an individual does not reside in that State.

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

6 through Council members, staff, consultants, contractors,

7 or subgrantees, shall have the responsibilities described in

8 paragraphs (1) through (11).

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

10 AND ADVOCACY.—The Council shall serve as an ad11 vocate for individuals with developmental disabilities

12 and conduct programs, projects, and activities that

13 carry out the purpose under section 121.

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

15 less than once every 3 years, the Council shall exam16 ine the provision of and need for the four Federal

17 priority areas and an optional State priority area to

18 address, on a statewide and comprehensive basis, ur19 gent needs for services, supports, and other assist20 ance for individuals with developmental disabilities

21 and their families, pursuant to section 122.

22 ‘‘(3) STATE PLAN DEVELOPMENT.—The Coun23 cil shall develop and submit to the Secretary the

24 State plan required under section 122 after con25 sultation with the designated State agency under the
51

•S 1284 IS

1 State plan. Such consultation shall be solely for the

2 purposes of obtaining State assurances and ensuring

3 consistency of the plan with State law.

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

5 Council shall implement the State plan by conduct6 ing and supporting the Federal priority area of em7 ployment, not less than one of the remaining three

8 Federal priority areas, and an optional State priority

9 area as defined in section 102, through systemic

10 change, capacity building, and advocacy activities

11 such as those described in subparagraphs (A)

12 through (K).

13 ‘‘(A) DEMONSTRATION OF NEW AP14 PROACHES.—The Council may conduct, on a

15 time-limited basis, the demonstration of new

16 approaches to enhance the independence, pro17 ductivity, and integration and inclusion into the

18 community of individuals with developmental

19 disabilities. This may include making successful

20 demonstrations generally available through

21 sources of funding other than funding under

22 this part, and may also include assisting those

23 conducting such successful demonstration ac24 tivities to develop strategies for securing fund25 ing from other sources.
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•S 1284 IS

1 ‘‘(B) OUTREACH.—The Council may con2 duct activities to reach out to assist and enable

3 individuals with developmental disabilities and

4 their families who otherwise might not come to

5 the attention of the Council to obtain services,

6 supports, and other assistance, including access

7 to special adaptation of generic services or spe8 cialized services.

9 ‘‘(C) TRAINING.—The Council may con10 duct training for individuals with developmental

11 disabilities, their families, and personnel (in12 cluding professionals, paraprofessionals, stu13 dents, volunteers, and other community mem14 bers) to enable such individuals to obtain access

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

16 assistance, including special adaptation of ge17 neric services or specialized services for individ18 uals with developmental disabilities and their

19 families. To the extent that training activities

20 are provided, such activities shall be designed to

21 promote the empowerment of individuals with

22 developmental disabilities and their families.

23 ‘‘(D) SUPPORTING COMMUNITIES.—The

24 Council may assist neighborhoods and commu25 nities to respond positively to individuals with
53

•S 1284 IS

1 developmental disabilities and their families by

2 encouraging local networks to provide informal

3 and formal supports and enabling communities

4 to offer such individuals and their families ac5 cess, resources, and opportunities.

6 ‘‘(E) INTERAGENCY COLLABORATION AND

7 COORDINATION.—The Council may promote

8 interagency collaboration and coordination to

9 better serve, support, assist, or advocate for in10 dividuals with developmental disabilities and

11 their families.

12 ‘‘(F) COORDINATION WITH RELATED

13 COUNCILS, COMMITTEES, AND PROGRAMS.—The

14 Council may conduct activities to enhance co15 ordination with—

16 ‘‘(i) other councils or committees, au17 thorized by Federal or State statute, con18 cerning such individuals with disabilities

19 (such as the State Interagency Coordinat20 ing Council under part H of the Individ21 uals with Disabilities Education Act, the

22 State Rehabilitation Advisory Council and

23 the Statewide Independent Living Council

24 under the Rehabilitation Act of 1973, the

25 State Mental Health Planning Council
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•S 1284 IS

1 under part B of title XIX of the Public

2 Health Service Act and other similar coun3 cils or committees);

4 ‘‘(ii) parent training and information

5 centers under part D of the Individuals

6 with Disabilities Education Act and other

7 federally funded projects that assist par8 ents of children with disabilities; and

9 ‘‘(iii) other groups interested in sys10 temic change, capacity building, and advo11 cacy for individuals with disabilities.

12 ‘‘(G) BARRIER ELIMINATION, SYSTEMS DE13 SIGN, AND CITIZEN PARTICIPATION.—The

14 Council may conduct activities to eliminate bar15 riers, enhance systems design and redesign, and

16 enhance citizen participation to address issues

17 identified in the State plan.

18 ‘‘(H) PUBLIC EDUCATION AND COALITION

19 DEVELOPMENT.—The Council may conduct ac20 tivities to educate the public about the capabili21 ties, preferences, and needs of individuals with

22 developmental disabilities and their families and

23 to develop and support coalitions that support

24 the policy agenda of the Council, including
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1 training in self-advocacy, educating policy2 makers, and citizen leadership skills.

3 ‘‘(I) INFORMING POLICYMAKERS.—The

4 Council may provide information to Federal,

5 State, and local policymakers, including the

6 Congress, the Federal executive branch, the

7 Governor, State legislature, and State agencies,

8 in order to increase the ability of such policy9 makers to offer opportunities and to enhance or

10 adapt generic services or provide specialized

11 services to individuals with developmental dis12 abilities and their families by conducting stud13 ies and analyses, gathering information, and de14 veloping and disseminating model policies and

15 procedures, information, approaches, strategies,

16 findings, conclusions, and recommendations.

17 ‘‘(J) PREVENTION.—The Council may con18 duct prevention activities as defined in section

19 102.

20 ‘‘(K) OTHER ACTIVITIES.—The Council

21 may conduct other systemic change, capacity

22 building, and advocacy activities to expand and

23 enhance the independence, productivity, and in24 tegration and inclusion into the community of
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•S 1284 IS

1 individuals with developmental disabilities

2 throughout the State on a comprehensive basis.

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

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

5 and evaluate the implementation and effectiveness of

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

7 ‘‘(6) REVIEW OF DESIGNATED STATE AGEN8 CY.—The Council shall periodically review the appro9 priateness of the designated State agency and make

10 any recommendations for change to the Governor.

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

12 the Secretary, through the Governor, periodic re13 ports on its activities as the Secretary may reason14 ably request, and keep such records and afford such

15 access thereto as the Secretary finds necessary to

16 verify such reports.

17 ‘‘(8) BUDGET.—Each Council shall prepare, ap18 prove, and implement a budget using amounts paid

19 to the State under this part to fund and implement

20 all programs, projects, and activities under this part

21 including—

22 ‘‘(A) conducting such hearings and forums

23 as the Council may determine to be necessary

24 to carry out the duties of the Council, reimburs25 ing Council members of the Council for reason-
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•S 1284 IS

1 able and necessary expenses for attending

2 Council meetings and performing Council duties

3 (including child care and personal assistance

4 services), paying compensation to a member of

5 the Council, if such member is not employed or

6 must forfeit wages from other employment, for

7 each day such member is engaged in performing

8 the duties of the Council, supporting Council

9 member and staff travel to authorized training

10 and technical assistance activities including in11 service training and leadership development,

12 and appropriate subcontracting activities;

13 ‘‘(B) hiring and maintaining sufficient

14 numbers and types of staff (qualified by train15 ing and experience) and obtaining the services

16 of such professional, consulting, technical, and

17 clerical personnel (qualified by training and ex18 perience), consistent with State law, as the

19 Council determines to be necessary to carry out

20 its functions under this part, except that such

21 State shall not apply hiring freezes, reductions

22 in force, prohibitions on staff travel, or other

23 policies that negatively affect the provision of

24 staff support of the Council; and
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•S 1284 IS

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

2 grants, contracts, interagency agreements that

3 are binding contracts, and other activities au4 thorized by the approved State plan.

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

6 Council shall, consistent with State law, recruit and

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

8 Director become vacant, and supervise and annually

9 evaluate the Director. The Director shall hire, super10 vise, and annually evaluate the staff of the Council.

11 Council recruitment and hiring of staff shall be con12 sistent with Federal and State nondiscrimination

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

14 based on documented performance evaluations and

15 consistent with State law and personnel policies.

16 Council directors and staff who are exempt from

17 State personnel policies may be dismissed based only

18 on documented performance criteria.

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

20 other personnel, while working for the Council, shall

21 be responsible solely for assisting the Council in car22 rying out its duties under this part and shall not be

23 assigned duties by the designated State agency or

24 any other agency or office of the State.
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1 ‘‘(11) CONSTRUCTION.—Nothing in this part

2 shall be construed to preclude a Council from engag3 ing in systemic change, capacity building, and advo4 cacy activities for individuals with disabilities other

5 than developmental disabilities, where appropriate.

6 ‘‘(d) DESIGNATED STATE AGENCY.—

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

8 assistance under this part shall designate the State

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

10 support to the Council. After the date of enactment

11 of the Developmental Disabilities Assistance and Bill

12 of Rights Act Amendments of 1993, any designation

13 of a State agency shall be made in accordance with

14 the requirements of this subsection.

15 ‘‘(2) DESIGNATION.—

16 ‘‘(A) TYPE OF AGENCY.—Except as pro17 vided in this subsection, the designated State

18 agency shall be—

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

20 be the designated State agency under the

21 laws of the State;

22 ‘‘(ii) a State agency that does not pro23 vide or pay for services made available to

24 individuals with developmental disabilities;

25 or
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•S 1284 IS

1 ‘‘(iii) a State office, including the im2 mediate office of the Governor of the State

3 or a State planning office.

4 ‘‘(B) CONDITIONS FOR CONTINUATION OF

5 STATE SERVICE AGENCY DESIGNATION.—

6 ‘‘(i) DESIGNATION BEFORE ENACT7 MENT.—If a State agency that provides or

8 pays for services for individuals with devel9 opmental disabilities was a designated

10 State agency for purposes of this part on

11 the date of enactment of the Developmen12 tal Disabilities Assistance and Bill of

13 Rights Act Amendments of 1993, and the

14 Governor of the State (or legislature,

15 where appropriate and in accordance with

16 State law) determines prior to June 30,

17 1994, not to change the designation of

18 such agency, such agency may continue to

19 be a designated State agency for purposes

20 of this part.

21 ‘‘(ii) CRITERIA FOR CONTINUED DES22 IGNATION.—The determination at the dis23 cretion of the Governor (or legislature as

24 the case may be) shall consider the com25 ments and recommendations of the general
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1 public and a majority of the non-State

2 agency members of the Council with re3 spect to the designation of such State

4 agency, and after the Governor (or legisla5 ture as the case may be) has made an

6 independent assessment that the designa7 tion of such agency shall not interfere with

8 the budget, personnel, priorities, or other

9 action of the Council, and the ability of the

10 Council to serve as an advocate for individ11 uals with developmental disabilities.

12 ‘‘(C) REVIEW OF DESIGNATION.—After

13 October 1, 1993, the Council may request a re14 view of the designation of the designated State

15 agency by the Governor (or legislature as the

16 case may be). The Council shall provide docu17 mentation concerning the reason the Council

18 desires a change to be made and make a rec19 ommendation to the Governor (or legislature as

20 the case may be) regarding a preferred des21 ignated State agency.

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

23 review is completed under subparagraph (C), a

24 majority of the non-State agency members of

25 the Council may appeal to the Secretary for a
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•S 1284 IS

1 review of the designation of the designated

2 State agency if Council independence as an ad3 vocate is not assured because of the actions or

4 inactions of the designated State agency.

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

6 agency shall, on behalf of the State, have the respon7 sibilities described in subparagraphs (A) through

8 (F).

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

10 State agency shall provide required assurances

11 and support services as requested by and nego12 tiated with the Council.

13 ‘‘(B) FISCAL RESPONSIBILITIES.—The

14 designated State agency shall—

15 ‘‘(i) receive, account for, and disperse

16 funds under this part based on the State

17 plan required in section 122; and

18 ‘‘(ii) provide for such fiscal control

19 and fund accounting procedures as may be

20 necessary to assure the proper disperse21 ment of, and accounting for, funds paid to

22 the State under this part.

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

24 REPORTS.—The designated State agency shall

25 keep such records and afford access thereto as
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•S 1284 IS

1 the Secretary and the Council determine nec2 essary. The designated State agency, if other

3 than the Council, shall provide timely financial

4 reports at the request of the Council regarding

5 the status of expenditures, obligations, liquida6 tion, and the Federal and non-Federal share.

7 ‘‘(D) NON-FEDERAL SHARE.—The des8 ignated State agency, if other than the Council,

9 shall provide the required non-Federal share de10 fined in section 125A(c).

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

12 agency shall assist the Council in obtaining the

13 appropriate State plan assurances and in ensur14 ing that the plan is consistent with State law.

15 ‘‘(F) MEMORANDUM OF UNDERSTAND16 ING.—On the request of the Council, the des17 ignated State agency shall enter into a memo18 randum of understanding with the Council de19 lineating the roles and responsibilities of the

20 designated State agency.

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

22 AGENCY RESPONSIBILITIES.—

23 ‘‘(A) NECESSARY EXPENDITURES OF

24 STATE DESIGNATED AGENCY.—At the request

25 of any State, a portion of any allotment or al-
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•S 1284 IS

1 lotments of such State under this part for any

2 fiscal year shall be available to pay up to one3 half (or the entire amount if the Council is the

4 designated State agency) of the expenditures

5 found necessary by the Secretary for the proper

6 and efficient exercise of the functions of the

7 State designated agency, except that not more

8 than 5 percent of the total of the allotments of

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

10 whichever is less, shall be made available for

11 the total expenditure for such purpose by the

12 State agency designated under this subsection.

13 ‘‘(B) CONDITION FOR FEDERAL FUND14 ING.—Amounts shall be provided under sub15 paragraph (A) to a State for a fiscal year only

16 on condition that there shall be expended from

17 State sources for carrying out the responsibil18 ities of the designated State agency under para19 graph (3) not less than the total amount ex20 pended for carrying out such responsibilities

21 from such sources during the previous fiscal

22 year, except in such year as the Council may

23 become the designated State agency.

24 ‘‘(C) SUPPORT SERVICES PROVIDED BY

25 OTHER AGENCIES.—With the agreement of the
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1 designated State agency, the Council may use

2 or contract with agencies other than the des3 ignated State agency to perform the functions

4 of the designated State agency.

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

6 1990, each Council shall complete the reviews, analyses,

7 and final report described in this section.

8 ‘‘(1) COMPREHENSIVE REVIEW AND ANALY9 SIS.—Each Council shall conduct a comprehensive

10 review and analysis of the eligibility for services pro11 vided, and the extent, scope, and effectiveness of,

12 services provided and functions performed by, all

13 State agencies (including agencies that provide pub14 lic assistance) that affect or that potentially affect

15 the ability of individuals with developmental disabil16 ities to achieve the goals of independence, productiv17 ity, and integration and inclusion into the commu18 nity, including individuals with developmental dis19 abilities attributable to physical impairment, mental

20 impairment, or a combination of physical and mental

21 impairments.

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

23 shall conduct a review and analysis of the effective24 ness of, and consumer satisfaction with, the func25 tions performed by, and services provided or paid for
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•S 1284 IS

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

2 agencies (including agencies that provide public as3 sistance) responsible for performing functions for,

4 and providing services to, all individuals with devel5 opmental disabilities in the State. Such review and

6 analysis shall be based upon a survey of a represent7 ative sample of individuals with developmental dis8 abilities receiving services from each such agency,

9 and if appropriate, shall include such individual’s

10 families.

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

12 Council shall convene public forums, after the provi13 sion of notice within the State, in order to—

14 ‘‘(A) present the findings of the reviews

15 and analyses prepared under paragraphs (1)

16 and (2);

17 ‘‘(B) obtain comments from all interested

18 individuals in the State regarding the unserved

19 and underserved populations of individuals with

20 developmental disabilities that result from phys21 ical impairment, mental impairment, or a com22 bination of physical and mental impairments;

23 and

24 ‘‘(C) obtain comments on any proposed

25 recommendations concerning the removal of
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•S 1284 IS

1 barriers to services for individuals with devel2 opmental disabilities and to connect such serv3 ices to existing State agencies by recommending

4 the designation of one or more State agencies,

5 as appropriate, to be responsible for the provi6 sion and coordination of such services.

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

8 shall utilize the information developed pursuant to

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

10 plan.’’.

11 SEC. 206. STATE ALLOTMENTS.

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

13 6025) is amended—

14 (1) by striking ‘‘SEC. 125.’’; and

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

16 ALLOTMENTS’’ and inserting the following:

17 ‘‘SEC. 125. STATE ALLOTMENTS.’’.

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

19 amended—

20 (1) in subsection (a)—

21 (A) in paragraph (1)—

22 (i) by realigning the margins of sub23 paragraphs (A), (B), and (C) so as to align

24 with the margin of subparagraph (A) of

25 paragraph (4); and
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•S 1284 IS

1 (ii) by realigning the margin of the

2 matter following subparagraph (C) so as to

3 align with the margin of paragraph (3);

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

5 the following:

6 ‘‘(a) ALLOTMENTS.—

7 ‘‘(1) IN GENERAL.—For’’;

8 (C) in paragraph (2)—

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

10 inserting the following:

11 ‘‘(2) ADJUSTMENTS.—Adjustments’’;

12 (ii) by striking ‘‘may be’’ and insert13 ing ‘‘shall be’’; and

14 (iii) by striking ‘‘not less’’ and insert15 ing ‘‘and the percentage of the total appro16 priation for each State not less’’;

17 (D) in paragraph (3)—

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

19 all that follows through ‘‘September 30,

20 1990.’’ and inserting the following:

21 ‘‘(3) MINIMUM ALLOTMENT.—

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

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

24 under this section—
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•S 1284 IS

1 ‘‘(i) to each of American Samoa,

2 Guam, the United States Virgin Islands,

3 the Commonwealth of the Northern Mari4 ana Islands, or the Republic of Palau

5 (until the Compact of Free Association

6 with Palau takes effect) may not be less

7 than the greater of—

8 ‘‘(I) $210,000; or

9 ‘‘(II) the greater of the allotment

10 received by such State for fiscal year

11 1992, or the allotment received by

12 such State for fiscal year 1993, under

13 this section (determined without re14 gard to subsection (d)); and

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

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

17 of—

18 ‘‘(I) $400,000; or

19 ‘‘(II) the greater of the allotment

20 received by such State for fiscal year

21 1992, or the allotment received by

22 such State for fiscal year 1993, under

23 this section (determined without re24 gard to subsection (d)).’’; and
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•S 1284 IS

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

2 and inserting the following:

3 ‘‘(B) REDUCTION OF ALLOTMENT.—Not4 withstanding’’;

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

6 ‘‘(4) MAXIMUM ALLOTMENT.—

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

8 amounts appropriated under section 130 for a

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

10 under this section for such fiscal year—

11 ‘‘(i) to each of American Samoa,

12 Guam, the United States Virgin Islands,

13 the Commonwealth of the Northern Mari14 ana Islands or the Republic of Palau (until

15 the Compact of Free Association with

16 Palau takes effect) may not be less than

17 the greater of—

18 ‘‘(I) $220,000; or

19 ‘‘(II) the greater of the allotment

20 received by such State for fiscal year

21 1992, or the allotment received by

22 such State for fiscal year 1993, under

23 this section (determined without re24 gard to subsection (d)); and
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1 ‘‘(ii) to any State not described in

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

3 of—

4 ‘‘(I) $450,000; or

5 ‘‘(II) the greater of the allotment

6 received by such State for fiscal year

7 1992, or the allotment received by

8 such State for fiscal year 1993, under

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

11 ‘‘(B) REDUCTION OF ALLOTMENT.—The

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

13 with respect to amounts to be allotted to States

14 under subparagraph (A), in the same manner

15 and to the same extent as such requirements

16 apply with respect to amounts to be allotted to

17 States under paragraph (3)(A).’’;

18 (F) in paragraph (5)—

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

20 inserting ‘‘STATE SUPPORTS, SERVICES,

21 AND OTHER ACTIVITIES.—In determining’’;

22 and

23 (ii) by striking, ‘‘section

24 122(b)(2)(C)’’ and inserting ‘‘section

25 122(c)(3)(A)’’; and
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•S 1284 IS

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

2 case’’ and inserting ‘‘INCREASE IN ALLOT3 MENTS.—In any case’’;

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

5 and inserting ‘‘UNOBLIGATED FUNDS.—Any

6 amount’’;

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

8 and inserting ‘‘COOPERATIVE EFFORTS BETWEEN

9 STATES.—Whenever’’; and

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

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

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

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

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

15 section:

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

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

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

19 under this part may not exceed 75 percent of the aggre20 gate necessary costs of all such projects as determined by

21 the Secretary, except that—

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

23 products target individuals with developmental dis24 abilities who live in urban or rural poverty areas, the

25 Federal share of all such projects may not exceed 90
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1 percent of the aggregate necessary costs of such

2 projects or activities, as determined by the Sec3 retary; and

4 ‘‘(2) in the case of projects or activities under5 taken by the Council or Council staff to implement

6 State plan priority activities, the Federal share of all

7 such activities may be up to 100 percent of the ag8 gregate necessary costs of such activities.

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

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

11 by such State under a State plan approved under section

12 122, the Secretary shall not consider—

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

14 financed by Federal funds provided under any provi15 sion of law other than section 125; and

16 ‘‘(2) the amount of any non-Federal funds re17 quired to be expended as a condition of receipt of

18 such Federal funds.

19 ‘‘(c) NON-FEDERAL SHARE.—

20 ‘‘(1) IN KIND CONTRIBUTIONS.—The non-Fed21 eral share of the cost of any project assisted by a

22 grant or an allotment under this part may be pro23 vided in kind.

24 ‘‘(2) CONTRIBUTIONS OF POLITICAL SUBDIVI25 SIONS, PUBLIC, OR PRIVATE ENTITIES.—
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1 ‘‘(A) IN GENERAL.—Expenditures on

2 projects or activities by a political subdivision of

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

4 subject to such limitations and conditions as

5 the Secretary may by regulation prescribe, be

6 considered to be expenditures by such State in

7 the case of a project under this part.

8 ‘‘(B) STATE CONTRIBUTIONS.—State con9 tributions, including contributions by the des10 ignated State agency to provide support services

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

12 may be counted as part of such State’s non13 Federal share of allotments under this part.

14 ‘‘(3) VARIATIONS OF THE NON-FEDERAL

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

16 grant-by-grant basis may vary.’’.

17 SEC. 208. PAYMENTS TO THE STATES FOR PLANNING, AD18 MINISTRATION, AND SERVICES.

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

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

21 STATE PLAN EXPENDITURES.—’’;

22 (2) in the section heading, by striking ‘‘PAY23 MENTS TO THE STATES FOR PLANNING, ADMINIS24 TRATION AND SERVICES’’ and inserting the follow25 ing:
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•S 1284 IS

1 ‘‘SEC. 126. PAYMENTS TO THE STATES FOR PLANNING, AD2 MINISTRATION, AND SERVICES.’’;

3 and

4 (3) by adding at the end the following new sub5 section:

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

7 support services provided by the designated State agency

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

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

10 the Secretary may determine.’’.

11 SEC. 209. WITHHOLDING OF PAYMENTS FOR PLANNING, AD12 MINISTRATION, AND SERVICES.

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

14 (1) in the matter preceding paragraph (1), by

15 striking ‘‘SEC. 127.’’;

16 (2) in the section heading by striking ‘‘WITH17 HOLDING OF PAYMENTS FOR PLANNING, ADMINIS18 TRATION AND SERVICES’’ and inserting the follow19 ing:

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

21 ADMINISTRATION, AND SERVICES.’’;

22 and

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

24 inserting ‘‘section’’.

25 SEC. 210. NONDUPLICATION.

26 Section 128 (42 U.S.C. 6028) is repealed.
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1 SEC. 211. APPEALS BY STATES.

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

3 (1) by striking ‘‘SEC. 129.’’; and

4 (2) in the section heading, by striking ‘‘AP5 PEALS BY STATES’’ and inserting the following:

6 ‘‘SEC. 129. APPEALS BY STATES.’’.

7 SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

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

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

10 ‘‘fiscal year 1994’’; and

11 (2) by striking ‘‘years 1992 and 1993’’ and in12 serting ‘‘years 1995 and 1996’’.

13 SEC. 213. REVIEW, ANALYSIS, AND REPORT.

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

15 Health and Human Services shall review and analyze the

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

17 I of the Developmental Disabilities Assistance and Bill of

18 Rights Act prior to the date of enactment of this Act, in19 cluding the factors described in such parts, and the data

20 elements and measures used by the Secretary, to deter21 mine whether such formula is consistent with the purpose

22 of the Act.

23 (b) ALTERNATIVE FORMULAS.—The Secretary of

24 Health and Human Services shall identify alternative for25 mulas for allocating funds, consistent with the purpose of

26 this Act.
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1 (c) REPORT.—Not later than October 1, 1995, the

2 Secretary of Health and Human Services shall submit a

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

4 a copy of the alternative formulas identified under sub5 section (b) to the Committee on Labor and Human Re6 sources of the Senate and to the Committee on Energy

7 and Commerce of the House of Representatives.

8 TITLE III—PROTECTION AND AD9 VOCACY OF INDIVIDUAL

10 RIGHTS

11 SEC. 301. PART HEADING.

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

13 to read as follows:

14 ‘‘PART C—PROTECTION AND ADVOCACY OF

15 INDIVIDUAL RIGHTS’’.

16 SEC. 302. PURPOSE.

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

18 (1) by striking ‘‘SEC. 141.’’;

19 (2) in the section heading, by striking ‘‘PUR20 POSE’’ and inserting the following:

21 ‘‘SEC. 141. PURPOSE.’’;

22 (3) by striking ‘‘system’’ and inserting ‘‘Protec23 tion and Advocacy system (hereafter referred to in

24 this part as the ‘system’)’’; and
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1 (4) by striking ‘‘persons’’ and inserting ‘‘indi2 viduals’’.

3 SEC. 303. SYSTEM REQUIRED.

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

5 6042) is amended—

6 (1) by striking ‘‘SEC. 142.’’; and

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

8 REQUIRED’’ and inserting the following:

9 ‘‘SEC. 142. SYSTEM REQUIRED.’’.

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

11 amended—

12 (1) in subsection (a)—

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

14 ‘‘SYSTEM REQUIRED.—In order’’;

15 (B) in paragraph (1), by striking ‘‘per16 sons’’ and inserting ‘‘individuals’’;

17 (C) in paragraph (2)—

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

19 such term appears and inserting ‘‘individ20 uals’’;

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

22 ‘‘minority’’ and inserting ‘‘underserved

23 geographical areas and ethnic and racial

24 minority’’;

25 (iii) by striking subparagraph (C);
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1 (iv) in subparagraph (E), by striking

2 ‘‘Planning Council’’ and inserting ‘‘Devel3 opmental Disabilities Council authorized

4 under part B’’;

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

6 ‘‘and’’ at the end thereof; and

7 (vi) in subparagraph (G)—

8 (I) in clause (i), by striking ‘‘per9 son’’ each place such term appears

10 and inserting ‘‘individual’’;

11 (II) in the matter preceding

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

13 ‘‘person’’ and inserting ‘‘individual’’;

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

15 ‘‘by reason of the mental or physical

16 condition of such person’’ and insert17 ing ‘‘by reason of such individual’s

18 mental or physical condition’’;

19 (IV) in clause (ii)(III), by strik20 ing ‘‘person’’ and inserting ‘‘individ21 ual’’;

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

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

24 and (III) so as to align with the mar-
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1 gins of subclauses (I), (II), and (III)

2 of clause (ii);

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

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

5 ‘‘(iii) any’’; and

6 (VII) in clause (iii)(III), by strik7 ing ‘‘person’’ and inserting ‘‘individ8 ual’’;

9 (D) by redesignating subparagraphs (D),

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

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

12 (E) by inserting after subparagraph (B)

13 the following new subparagraphs:

14 ‘‘(C) on an annual basis, develop a state15 ment of objectives and priorities for the sys16 tem’s activities; and

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

18 public, including individuals with developmental

19 disabilities attributable to either physical im20 pairment, mental impairment, or a combination

21 of physical or mental impairments, and their

22 representatives, as appropriate, non-State agen23 cy representatives of the State Developmental

24 Disabilities Council, and the university affili-
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1 ated program (if applicable within a State), an

2 opportunity to comment on—

3 ‘‘(i) the objectives and priorities es4 tablished by the system and the rationale

5 for the establishment of such objectives;

6 and

7 ‘‘(ii) the activities of the system, in8 cluding the coordination with the advocacy

9 programs under the Rehabilitation Act of

10 1973, the Older Americans Act of 1965,

11 and the Protection and Advocacy for Men12 tally Ill Individuals Act of 1986, and with

13 other related programs, including the Par14 ent Training and Information Centers,

15 education ombudsman programs and

16 assistive technology projects;’’;

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

18 as so redesignated in subparagraph (D), the fol19 lowing new subparagraph:

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

21 locations to any resident who is an individual

22 with a developmental disability in a facility that

23 is providing services, supports, and other assist24 ance to such a resident;’’;
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1 (G) by adding at the end the following new

2 subparagraphs:

3 ‘‘(J) hire and maintain sufficient numbers

4 and types of staff, qualified by training and ex5 perience, to carry out such system’s function

6 except that such State shall not apply hiring

7 freezes, reductions in force, or other policies

8 that negatively affect the provision of staff sup9 port to the system, or restrict travel to training

10 and technical assistance activities funded under

11 this Act;

12 ‘‘(K) have the authority to educate policy13 makers; and

14 ‘‘(L) provide assurances to the Secretary

15 that funds allotted to the State under this sec16 tion will be used to supplement and increase the

17 level of funds that would otherwise be made

18 available for the purposes for which Federal

19 funds are provided and not to supplant such

20 non-Federal funds;’’

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

22 (I) in paragraph (4)—

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

24 that follows through ‘‘provided with’’ and
83

•S 1284 IS

1 inserting ‘‘the State must provide to the

2 system’’;

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

4 inserting ‘‘1902(a)(31)’’; and

5 (iii) by redesignating such paragraph

6 as paragraph (3); and

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

8 paragraph:

9 ‘‘(4) the agency implementing the system will

10 not be redesignated unless there is good cause for

11 the redesignation and unless—

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

13 to make such redesignation to the agency that

14 is serving as the system including the good

15 cause for such redesignation and the agency

16 has been given an opportunity to respond to the

17 assertion that good cause has been shown;

18 ‘‘(B) timely notice and opportunity for

19 public comment in an accessible format has

20 been given to individuals with developmental

21 disabilities or their representatives; and

22 ‘‘(C) the system has the opportunity to ap23 peal to the Secretary that the redesignation was

24 not for good cause.’’;

25 (2) in subsection (b)—
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1 (A) by striking ‘‘(b)(1) To’’ and inserting

2 the following:

3 ‘‘(b) ALLOTMENTS.—

4 ‘‘(1) IN GENERAL.—To’’;

5 (B) in paragraph (1)—

6 (i) by realigning the margins of sub7 paragraphs (A) and (B) so as to align with

8 subparagraphs (A) through (C) of sub9 section (a)(4);

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

11 follows:

12 ‘‘(A) the total amount appropriated under

13 section 143 for a fiscal year is at least

14 $20,000,000—

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

16 Samoa, Guam, the United States Virgin

17 Islands, the Commonwealth of the North18 ern Mariana Islands, and the Republic of

19 Palau (until the Compact of Free Associa20 tion with Palau takes effect) for such fiscal

21 year may not be less than the greater of—

22 ‘‘(I) $107,000; or

23 ‘‘(II) the greater of the allotment

24 received by such State for fiscal year

25 1992, or the allotment received by
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•S 1284 IS

1 such State for fiscal year 1993, under

2 this section (determined without re3 gard to subsection (d)); and

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

5 described in clause (i) for such fiscal year

6 may not be less than the greater of—

7 ‘‘(I) $200,000; or

8 ‘‘(II) the greater of the allot9 ments received by such State for fiscal

10 year 1992, or the allotment received

11 by such State for fiscal year 1993,

12 under this section (determined with13 out regard to subsection (d)).’’; and

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

15 follows:

16 ‘‘(B) the total amount appropriated under

17 section 143 for a fiscal year is less than

18 $20,000,000—

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

20 Samoa, Guam, the United States Virgin

21 Islands, the Commonwealth of the North22 ern Mariana Islands, and the Republic of

23 Palau (until the Compact of Free Associa24 tion with Palau takes effect) for such fiscal

25 year may not be less than the greater of—
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•S 1284 IS

1 ‘‘(I) $80,000; or

2 ‘‘(II) the greater of the allotment

3 received by such State for fiscal year

4 1992, or the allotment received by

5 such State for fiscal year 1993, under

6 this section (determined without re7 gard to subsection (d)); and

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

9 described in clause (i) for such fiscal year

10 may not be less than the greater of—

11 ‘‘(I) $150,000; or

12 ‘‘(II) the greater of the allotment

13 received by such State for fiscal year

14 1992, or the allotment received by

15 such State for fiscal year 1993, under

16 this section (determined without re17 gard to subsection (d)).’’;

18 (C) by realigning the margins of subpara19 graphs (A) and (B) of paragraph (2) so as to

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

21 subsection (a)(4);

22 (D) by realigning the margins of para23 graphs (2) through (4) so as to align with para24 graph (4) of subsection (a);
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•S 1284 IS

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

2 case’’ and inserting ‘‘INCREASE IN ALLOT3 MENTS.—In any case’’;

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

5 State’’ and inserting ‘‘MONITORING THE AD6 MINISTRATION OF THE SYSTEM.—A State’’;

7 (G) in paragraph (4), by striking ‘‘Not8 withstanding’’ and inserting ‘‘REDUCTION OF

9 ALLOTMENT.—Notwithstanding’’; and

10 (H) by inserting at the end the following

11 new paragraph:

12 ‘‘(5) TECHNICAL ASSISTANCE AND AMERICAN

13 INDIAN CONSORTIUM.—In any case in which

14 amounts appropriated under section 143 for a fiscal

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

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

17 amounts appropriated to provide technical as18 sistance (consistent with requests by such sys19 tems for such assistance in the year that appro20 priations reach $24,500,000) to eligible systems

21 with respect to activities carried out under this

22 title; and

23 ‘‘(B) provide grants in accordance with

24 paragraph (1)(A)(i) to American Indian Con-
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•S 1284 IS

1 sortiums to provide protection and advocacy

2 services.’’;

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

4 and inserting ‘‘UNOBLIGATED FUNDS.—Any

5 amount’’;

6 (4) in subsection (d)—

7 (A) in the matter preceding paragraph (1),

8 by striking ‘‘In States’’ and inserting ‘‘GOV9 ERNING BOARD.—In States’’;

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

11 the semicolon ‘‘and include individuals with de12 velopmental disabilities who are eligible for

13 services, or have received or are receiving serv14 ices, or parents, family members, guardians, ad15 vocates, or authorized representatives of such

16 individuals’’; and

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

18 paragraph:

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

20 as a public system without a multimember governing

21 or advisory board, the system shall establish an advi22 sory council that shall—

23 ‘‘(A) advise the system on policies and pri24 orities to be carried out in protecting and advo-
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1 cating the rights of individuals with devel2 opmental disabilities; and

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

4 with developmental disabilities who are eligible

5 for services, or have received or are receiving

6 services, or parents, family members, guardians,

7 advocates, or authorized representatives of such

8 individuals.’’;

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

10 inserting ‘‘RECORDS.—As used’’;

11 (6) in subsection (f)—

12 (A) by striking ‘‘If the’’ and inserting ‘‘AC13 CESS TO RECORDS.—If the’’; and

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

15 by striking ‘‘persons’’ and inserting ‘‘individ16 uals’’;

17 (7) in subsection (g)—

18 (A) by striking ‘‘(g)(1) Nothing’’ and in19 serting the following:

20 ‘‘(g) LEGAL ACTION.—

21 ‘‘(1) IN GENERAL.—Nothing’’;

22 (B) in paragraph (1), by striking ‘‘per23 sons’’ and inserting ‘‘individuals’’; and

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

25 Amounts’’ and inserting the following:
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•S 1284 IS

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

2 Amounts’’;

3 (8) in subsection (h), by striking ‘‘Notwith4 standing’’ and inserting ‘‘PAYMENT TO SYS5 TEMS.—Notwithstanding’’;

6 (9) by redesignating subsections (b) through (h)

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

8 (10) by inserting after subsection (a) the follow9 ing new subsection:

10 ‘‘(b) AMERICAN INDIAN CONSORTIUM.—Upon appli11 cation to the Secretary, an American Indian consortium,

12 as defined in section 102, established to provide protection

13 and advocacy services under this part, shall receive fund14 ing pursuant to subsection (c)(5). Such consortium shall

15 coordinate activities with existing systems.’’; and

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

17 subsections:

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

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

20 this Act, the Secretary shall not require a program to dis21 close the identity of, or any other personally identifiable

22 information related to, any individual requesting assist23 ance under such program.

24 ‘‘(k) PUBLIC NOTICE OF FEDERAL ONSITE RE25 VIEW.—The Secretary shall provide advance public notice
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1 of any Federal programmatic and administrative review

2 and solicit public comment on the system funded under

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

4 comment solicitation notice shall be included in the onsite

5 visit report.’’.

6 SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

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

8 (1) by striking ‘‘SEC. 143.’’;

9 (2) in the section heading, by striking ‘‘AU10 THORIZATION OF APPROPRIATIONS’’ and inserting

11 the following:

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

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

14 1991’’ and inserting ‘‘$29,000,000 for fiscal year

15 1994’’; and

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

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

18 TITLE IV—UNIVERSITY

19 AFFILIATED PROGRAMS

20 SEC. 401. PART HEADING.

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

22 to reads as follows:
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1 ‘‘PART D—UNIVERSITY AFFILIATED PROGRAMS’’.

2 SEC. 402. PURPOSE.

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

4 follows:

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

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

7 to university affiliated programs that are interdisciplinary

8 programs operated by universities, or by public or non9 profit entities associated with a college or university, to

10 provide a leadership role in the promotion of independ11 ence, productivity, and integration and inclusion into the

12 community of individuals with developmental disabilities

13 through the provision of the following activities:

14 ‘‘(1) Interdisciplinary preservice preparation of

15 students and fellows, including the preparation of

16 leadership personnel.

17 ‘‘(2) Community service activities that shall in18 clude community training and technical assistance

19 for or with individuals with developmental disabil20 ities, family members of individuals with devel21 opmental disabilities, professionals, paraprofes22 sionals, students, and volunteers. Such activities

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

24 family support, individual support, personal assist25 ance services, educational, vocational, clinical,

26 health, prevention, or other direct services.
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1 ‘‘(3) Dissemination of information and research

2 findings, which may include the empirical validation

3 of activities relevant to the purposes described in

4 paragraphs (1) and (2) and contributions to the de5 velopment of new knowledge in the field of devel6 opmental disabilities.’’.

7 SEC. 403. GRANT AUTHORITY.

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

9 6062) is amended—

10 (1) by striking ‘‘SEC. 152.’’; and

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

12 AUTHORITY’’ and inserting the following:

13 ‘‘SEC. 152. GRANT AUTHORITY.’’.

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

15 amended—

16 (1) in subsection (a)—

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

18 inserting ‘‘ADMINISTRATION AND OPER19 ATION.—From appropriations’’; and

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

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

22 to exceed 5 years.’’;

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

24 ‘‘(b) TRAINING PROJECTS.—
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•S 1284 IS

1 ‘‘(1) IN GENERAL.—From amounts appro2 priated under section 156(a), the Secretary shall

3 make grants to university affiliated programs receiv4 ing grants under subsection (a) to support training

5 projects to train personnel to address the needs of

6 individuals with developmental disabilities in areas

7 of emerging national significance, as described in

8 paragraph (3). Grants awarded under this sub9 section shall be awarded on a competitive basis and

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

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

12 affiliated program shall not be eligible to receive

13 funds for training projects under this subsection un14 less—

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

16 least 1 year; or

17 ‘‘(B) the Secretary determines that such

18 program has demonstrated the capacity to de19 velop an effective training project during the

20 first year such program is operated.

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

22 under this subsection shall train personnel to ad23 dress the needs of individuals with developmental

24 disabilities in the areas of emerging national signifi25 cance described in subparagraphs (A) through (G).
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1 ‘‘(A) EARLY INTERVENTION.—Grants

2 under this subsection for training projects with

3 respect to early intervention services shall be

4 for the purpose of assisting university affiliated

5 programs in providing training to family mem6 bers of children with developmental disabilities

7 and personnel from all disciplines involved with

8 interdisciplinary intervention to infants, tod9 dlers, and preschool age children with devel10 opmental disabilities. Such training projects

11 shall include instruction on family-centered,

12 community-based, coordinated care for infants,

13 toddlers, and preschool age children with devel14 opmental disabilities and their families.

15 ‘‘(B) AGING.—Grants under this sub16 section for training projects with respect to

17 aging and developmental disabilities shall be for

18 the purpose of supporting the planning, design,

19 and implementation of coordinated interdiscipli20 nary training programs between existing aging

21 or gerontological programs and university affili22 ated programs in order to prepare professional

23 staff to provide services for aging individuals

24 with developmental disabilities and their fami25 lies.
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1 ‘‘(C) COMMUNITY SERVICES.—Grants

2 under this subsection for training projects with

3 respect to community services shall be for the

4 purpose of providing training that enhances di5 rect supports and services for individuals with

6 developmental disabilities, including training to

7 community members, families, individuals with

8 developmental disabilities, and community9 based direct service providers. The Secretary

10 shall ensure that all grants under this subpara11 graph are made only to university affiliated pro12 grams that involve community-level direct sup13 port services in the preparation of the applica14 tion for such grant and that assure that any

15 training under the university affiliated program

16 will be coordinated with local community serv17 ices and support systems and with State, local,

18 and regional governmental or private agencies

19 responsible for the planning or delivery of serv20 ices to individuals with developmental disabil21 ities.

22 ‘‘(D) POSITIVE BEHAVIORAL SUPPORTS.—

23 Grants awarded under this subsection for train24 ing projects with respect to positive behavioral

25 supports shall be for the purpose of assisting
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1 university affiliated programs in providing

2 training to family members of individuals with

3 developmental disabilities and personnel in

4 methods of developing individual supports that

5 maximize opportunities for independence, pro6 ductivity, and integration and inclusion into the

7 community for individuals with developmental

8 disabilities and severe behavior problems. Such

9 training projects shall provide training to—

10 ‘‘(i) address ethical and legal prin11 ciples and standards, including the role of

12 personal values in designing assessments

13 and interventions;

14 ‘‘(ii) address appropriate assessment

15 approaches that examine the range of fac16 tors that contribute to problem behavior;

17 ‘‘(iii) address the development of a

18 comprehensive plan that considers the

19 needs and preferences of an individual with

20 a developmental disability;

21 ‘‘(iv) address the competence in the

22 types of skills training, environmental

23 modification, and incentive procedures that

24 encourage alternative behaviors;
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1 ‘‘(v) familiarize training participants

2 with crisis intervention approaches and the

3 separate role of such approaches as short4 term emergency procedures;

5 ‘‘(vi) familiarize training participants

6 with medical interventions and how to

7 evaluate the effect of such interventions on

8 behavior; and

9 ‘‘(vii) address techniques for evaluat10 ing the outcomes of interventions.

11 ‘‘(E) ASSISTIVE TECHNOLOGY SERVICES.—

12 Grants under this subsection for training

13 projects with respect to assistive technology

14 services shall be for the purpose of assisting

15 university affiliated programs in providing

16 training to personnel who provide, or will pro17 vide, assistive technology services and devices to

18 individuals with developmental disabilities and

19 their families. Such projects may provide train20 ing and technical assistance to improve access

21 to assistive technology services for individuals

22 with developmental disabilities and may include

23 stipends and tuition assistance for training

24 project participants. Such projects shall be co-
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•S 1284 IS

1 ordinated with State technology coordinating

2 councils wherever such councils exist.

3 ‘‘(F) AMERICANS WITH DISABILITIES

4 ACT.—Grants under this subsection for training

5 projects with respect to the provisions of the

6 Americans with Disabilities Act of 1990 shall

7 be for the purpose of assisting university affili8 ated programs in providing training to person9 nel who provide, or will provide, services to indi10 viduals with developmental disabilities, and to

11 others concerned with individuals with devel12 opmental disabilities.

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

14 subsection for training projects with respect to

15 programs in other areas of national significance

16 shall be for the purpose of training personnel in

17 an area of special concern to the university af18 filiated program, and shall be developed in con19 sultation with the State Developmental Disabil20 ities Council.

21 ‘‘(4) COURSES, TRAINEESHIPS AND FELLOW22 SHIPS.—Grants under this subsection may be used

23 by university affiliated programs to—

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

25 of training or study for personnel to provide
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1 services for individuals with developmental dis2 abilities and their families; and

3 ‘‘(B) establish fellowships or traineeships

4 providing such stipends and allowances as may

5 be determined by the Secretary.

6 ‘‘(5) PROHIBITED ACTIVITIES.—Grants award7 ed under this subsection shall not be used for ad8 ministrative expenses for the university affiliated

9 program under subsection (a).

10 ‘‘(6) CRITERIA.—Grants awarded under this

11 subsection shall meet the criteria described in sub12 paragraphs (A) and (B).

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

14 is submitted for a grant under this subsection

15 shall present evidence that training projects as16 sisted by funds awarded under this section

17 are—

18 ‘‘(i) competency and value based;

19 ‘‘(ii) designed to facilitate independ20 ence, productivity, and integration and in21 clusion for individuals with developmental

22 disabilities; and

23 ‘‘(iii) evaluated utilizing state-of-the24 art evaluation techniques in the pro25 grammatic areas selected.
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1 ‘‘(B) GENERAL PROJECT REQUIRE2 MENTS.—Training projects under this sub3 section shall—

4 ‘‘(i) represent state-of-the-art tech5 niques in areas of critical shortage of per6 sonnel that are identified through consulta7 tion with the consumer advisory committee

8 described in section 153(d) and the State

9 Developmental Disabilities Council;

10 ‘‘(ii) be conducted in consultation with

11 the consumer advisory committee described

12 in section 153(d) and the State Devel13 opmental Disabilities Council;

14 ‘‘(iii) be integrated into the appro15 priate university affiliated program and

16 university curriculum;

17 ‘‘(iv) be integrated with relevant State

18 agencies in order to achieve an impact on

19 statewide personnel and service needs;

20 ‘‘(v) to the extent practical, be con21 ducted in environments where services are

22 actually delivered;

23 ‘‘(vi) to the extent possible, be inter24 disciplinary in nature; and
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1 ‘‘(vii) to the extent possible, address

2 the unique needs of individuals with devel3 opmental disabilities from ethnic, cultural,

4 and linguistic minority backgrounds.’’;

5 (3) in subsection (c)—

6 (A) by striking ‘‘From amounts appro7 priated under section 154(b)’’ and inserting

8 ‘‘SUPPLEMENTAL AWARDS.—From amounts

9 appropriated under section 156(a)’’;

10 (B) in paragraph (1)—

11 (i) by striking ‘‘service-related train12 ing to persons’’ and inserting ‘‘inter13 disciplinary training, community training

14 and technical assistance, community serv15 ices, or dissemination of information to in16 dividuals’’;

17 (ii) by striking ‘‘integration into the

18 community of persons with developmental

19 disabilities’’ and inserting ‘‘integration and

20 inclusion into the community of individuals

21 with developmental disabilities and not oth22 erwise specified in subsection (b)’’; and

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

24 such term appears and inserting ‘‘individ25 uals’’;
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1 (C) in paragraph (2)—

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

3 ‘‘the’’;

4 (ii) by striking ‘‘persons’’ and insert5 ing ‘‘individuals’’;

6 (iii) by striking ‘‘(B) the’’ and insert7 ing ‘‘the’’; and

8 (iv) by striking ‘‘parents’’ and insert9 ing ‘‘family members’’;

10 (4) by striking subsection (d);

11 (5) in subsection (e)—

12 (A) by striking ‘‘(e) From amounts appro13 priated under section 154(a)’’ and inserting

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

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

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

17 place such term appears; and

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

19 SEC. 404. APPLICATIONS.

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

21 6063) is amended—

22 (1) by striking ‘‘SEC. 153.’’; and

23 (2) in the section heading, by striking ‘‘APPLI24 CATIONS’’ and inserting the following:
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1 ‘‘SEC. 153. APPLICATIONS.’’.

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

3 is amended—

4 (1) in subsection (a)—

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

6 inserting: ‘‘STANDARDS.—Not later than 12’’;

7 (B) by striking ‘‘Act of 1984’’ and insert8 ing ‘‘Assistance and Bill of Rights Act Amend9 ments of 1993’’;

10 (C) by striking ‘‘persons’’ and inserting

11 ‘‘individuals’’; and

12 (D) by striking ‘‘section 102(18)’’ and in13 serting ‘‘section 151’’;

14 (2) in subsection (b)—

15 (A) in the matter preceding paragraph (1),

16 by striking ‘‘No grants’’ and all that follows

17 through ‘‘Such an application’’ and inserting

18 ‘‘ASSURANCES.—The application under sub19 section (a)’’;

20 (B) in paragraph (1), by striking ‘‘grant

21 will’’ and all that follows through ‘‘level of such

22 funds;’’ and inserting the following: ‘‘grant

23 will—

24 ‘‘(A) not result in any decrease in the use

25 of State, local, and other non-Federal funds for

26 services for individuals with developmental dis-
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1 abilities and for training of individuals to pro2 vide such services, which funds would (except

3 for such grant) be made available to the appli4 cant; and

5 ‘‘(B) be used to supplement and, to the ex6 tent practicable, increase the level of such

7 funds;’’;

8 (C) in paragraph (2), by striking ‘‘sub9 section (a)’’ each place such term appears and

10 inserting ‘‘subsection (b)’’;

11 (D) in paragraph (3)—

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

13 such term appears and inserting ‘‘individ14 uals’’;

15 (ii) by striking ‘‘treatment, services,

16 or habilitation’’ and inserting ‘‘services’’;

17 and

18 (iii) by striking ‘‘the developmentally

19 disabled’’ and inserting ‘‘individuals with

20 developmental disabilities’’; and

21 (E) in paragraph (5)—

22 (i) by striking ‘‘Planning’’ and insert23 ing ‘‘Developmental Disabilities’’; and

24 (ii) by striking ‘‘or the satellite center

25 is or will be located’’;
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1 (3) by striking subsections (c) and (d);

2 (4) by redesignating subsections (a), (b), and

3 (e) as subsections (b), (c), and (f), respectively;

4 (5) by inserting after the section heading the

5 following new subsection:

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

7 section 152(a) unless an application therefor is submitted

8 to, and approved by, the Secretary. Such an application

9 shall be submitted in such form and manner, and contain

10 such information, as the Secretary may require.’’;

11 (6) by inserting after subsection (c), as so re12 designated by paragraph (4), the following new sub13 sections:

14 ‘‘(d) CONSUMER ADVISORY COMMITTEE.—The Sec15 retary shall only make grants under section 152(a) to uni16 versity affiliated programs that establish a consumer advi17 sory committee comprised of individuals with developmen18 tal disabilities, family members of individuals with devel19 opmental disabilities, representatives of State protection

20 and advocacy systems, State developmental disabilities

21 councils (including State service agency directors), local

22 agencies, and private nonprofit groups concerned with pro23 viding services for individuals with developmental disabil24 ities, which may include representatives from parent train25 ing and information centers.
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1 ‘‘(e) FEDERAL SHARE.—

2 ‘‘(1) IN GENERAL.—The Federal share of any

3 project to be provided through grants under this

4 part may not exceed 75 percent of the necessary cost

5 of such project, as determined by the Secretary, ex6 cept that if the project activities or products target

7 individuals with developmental disabilities who live

8 in an urban or rural poverty area, the Federal share

9 may not exceed 90 percent of the project’s necessary

10 costs as so determined by the Secretary.

11 ‘‘(2) PROJECT EXPENDITURES.—For the pur12 pose of determining the Federal share with respect

13 to any project, expenditures on that project by a po14 litical subdivision of the State or by a public or pri15 vate entity shall, subject to such limitations and con16 ditions as the Secretary may by regulation prescribe,

17 be considered to be expenditures made by a univer18 sity affiliated program under this part.’’;

19 (7) in subsection (f), as so redesignated by

20 paragraph (4)—

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

22 inserting the following:

23 ‘‘(f) PEER REVIEW.—

24 ‘‘(1) IN GENERAL.—The Secretary’’;
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1 (B) in paragraph (1), by striking ‘‘Such

2 peer review’’ and all that follows through

3 ‘‘152(b)(1)(D)’’;

4 (C) in paragraph (2)—

5 (i) by striking ‘‘(2) Regulations’’ and

6 inserting the following:

7 ‘‘(2) REGULATIONS.—Regulations’’; and

8 (ii) by striking ‘‘experience or train9 ing’’ and inserting ‘‘experience and train10 ing’’;

11 (D) in paragraph (3), to read as follows:

12 ‘‘(3) APPROVAL.—

13 ‘‘(A) IN GENERAL.—The Secretary may

14 approve an application under this part only if

15 such application has been recommended by a

16 peer review group that has conducted the peer

17 review required under paragraph (1).

18 ‘‘(B) APPLICABILITY.—This paragraph

19 shall apply to the approval of grant applications

20 received for fiscal year 1990 and succeeding fis21 cal years.’’;

22 (E) in paragraph (4)—

23 (i) by striking ‘‘(4) The Secretary’’

24 and inserting the following:
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1 ‘‘(4) ESTABLISHMENT OF PEER REVIEW

2 GROUPS.—The Secretary’’; and

3 (ii) by realigning the margins of sub4 paragraphs (A) and (B) so as to align with

5 the margin of subparagraph (A) of para6 graph (3); and

7 (F) in paragraph (5), by striking ‘‘(5) The

8 Secretary’’ and inserting the following:

9 ‘‘(5) WAIVERS OF APPROVAL.—The Secretary’’;

10 and

11 (8) by adding at the end the following new sub12 section:

13 ‘‘(g) REVIEW BY OTHER FEDERAL AGENCIES.—The

14 Secretary shall establish such a process for the review of

15 applications for grants under section 152(a) as will en16 sure, to the maximum extent feasible, that each Federal

17 agency that provides funds for the direct support of the

18 applicant’s program reviews the application.’’.

19 SEC. 405. GRANT AWARDS.

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

21 follows:

22 ‘‘SEC. 154. PRIORITY FOR GRANT AWARDS.

23 ‘‘(a) IN GENERAL.—In awarding and distributing

24 grant funds under this part, the Secretary, subject to the

25 availability of appropriations, shall award and distribute
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1 grant funds in accordance with the following order of

2 priorities:

3 ‘‘(1) EXISTING STATE UNIVERSITY AFFILIATED

4 PROGRAMS.—First priority shall be given, with re5 spect to the provision of grant awards under section

6 152(a) in the amount of $200,000, to an existing

7 State university affiliated program that meets the

8 requirements under section 153.

9 ‘‘(2) UNSERVED STATES.—Second priority shall

10 be given, with respect to the provision of grant

11 awards under section 152(a) in the amount of

12 $200,000, to a university or public or nonprofit en13 tity associated with a college or university that de14 sires to establish a university affiliated program in

15 a State that is unserved by a university affiliated

16 program as of the date of enactment of the Devel17 opmental Assistance and Bill of Rights Act Amend18 ments of 1993.

19 ‘‘(3) TRAINING PROJECTS IN ALL UNIVERSITY

20 AFFILIATED PROGRAMS.—Third priority shall be

21 given, with respect to the provision of grant awards,

22 to each university affiliated program that receives

23 funding under section 152(a) and that meets the eli24 gibility limitations under section 152(b) to the estab-
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1 lishment of training projects under section 152(b) in

2 the amount of $90,000 in each such program.

3 ‘‘(4) INCREASED FUNDING FOR TRAINING

4 PROJECTS.—Fourth priority shall be given, with re5 spect to the provision of grant awards, to the provi6 sion of an increase in the amount of a training

7 project grant award under section 152(b) to

8 $100,000.

9 ‘‘(5) INCREASED FUNDING FOR UNIVERSITY AF10 FILIATED PROGRAMS.—Fifth priority shall be given,

11 with respect to the provision of grant awards, to the

12 provision of an increase in the amount of a univer13 sity affiliated program grant award under section

14 152(a) to $250,000.

15 ‘‘(6) ADDITIONAL TRAINING.—Sixth priority

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

17 awards, to an existing university affiliated program

18 in a State that is served by such program under sec19 tion 152(a) to provide additional training under sub20 section (b) or (c) of section 152 within such State

21 or other geographic regions, or to a university or

22 public or nonprofit entity associated with a college

23 or university that desires to establish another uni24 versity affiliated program within such State under

25 section 152(a). All applications submitted to the
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1 Secretary for such grant awards shall document

2 plans for coordinating activities with an existing uni3 versity affiliated program in the State (if applicable)

4 and in consultation with the State Developmental

5 Disabilities Council.

6 ‘‘(b) ADDITIONAL PROGRAMS.—For purposes of

7 making grants under subsection (a)(6), the Secretary shall

8 consider applications for grants for university affiliated

9 programs—

10 ‘‘(1) for States that are currently underserved

11 by a university affiliated program; and

12 ‘‘(2) that are in addition to the total number of

13 university affiliated programs receiving grants under

14 this subsection for the preceding fiscal year.

15 ‘‘(c) SINGLE APPLICATION.—When every State is

16 served by a university affiliated program under section

17 152(a) in the amount of $200,000 and every such pro18 gram has been awarded a training grant under section

19 152(b) in the amount of $90,000, the Secretary may ac20 cept applications under such sections in a single applica21 tion.’’.

22 SEC. 406. AUTHORIZATION OF APPROPRIATIONS AND DEFI23 NITION.

24 Part D of title I (42 U.S.C. 151 et seq.) is amended

25 by adding at the end the following new sections:
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1 ‘‘SEC. 155. DEFINITION.

2 ‘‘For purposes of this part, the term ‘State’ means

3 each of the several States of the United States, the Dis4 trict of Columbia, the Commonwealth of Puerto Rico, and

5 the United States Virgin Islands.

6 ‘‘SEC. 156. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘(a) IN GENERAL.—For the purpose of making

8 grants under subsections (a), (b), (c), and (d) of section

9 152, there are authorized to be appropriated $21,000,000

10 for fiscal year 1994, and such sums as may be necessary

11 for each of the fiscal years 1995 and 1996.

12 ‘‘(b) LIMITATION.—With respect to peer review or

13 other activities directly related to peer review, the Sec14 retary may not use—

15 ‘‘(1) for fiscal year 1994, more than $300,000

16 of the funds made available under subsection (a) for

17 such review or such other activities;

18 ‘‘(2) for any succeeding fiscal year, more than

19 the amount of the funds made availabe under para20 graph (1) adjusted to take into account the increase

21 in the Consumer Price Index for such fiscal year for

22 such review or such other activities.’’.
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1 TITLE V—PROJECTS OF

2 NATIONAL SIGNIFICANCE

3 SEC. 501. PART HEADING.

4 The heading of part E of title I of the Act is amended

5 to read as follows:

6 ‘‘PART E—PROJECTS OF NATIONAL

7 SIGNIFICANCE’’.

8 SEC. 502. PURPOSE.

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

10 follows:

11 ‘‘SEC. 161. PURPOSE.

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

13 and contracts for projects of national significance that

14 support the development of national and State policy to

15 enhance the independence, productivity, and integration

16 and inclusion of individuals with developmental disabilities

17 through—

18 ‘‘(1) data collection and analysis;

19 ‘‘(2) technical assistance to enhance the quality

20 of State Developmental Disabilities Councils, protec21 tion and advocacy systems, and university affiliated

22 programs; and

23 ‘‘(3) other projects of sufficient size and scope

24 that hold promise to expand or improve opportuni-
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1 ties for individuals with developmental disabilities,

2 including—

3 ‘‘(A) technical assistance for the develop4 ment of information and referral systems;

5 ‘‘(B) educating policymakers;

6 ‘‘(C) Federal interagency initiatives;

7 ‘‘(D) the enhancement of minority partici8 pation in public and private sector initiatives in

9 developmental disabilities; and

10 ‘‘(E) special pilots and evaluation studies

11 to explore the expansion of programs under

12 part B to individuals with severe disabilities

13 other than developmental disabilities.’’.

14 SEC. 503. GRANT AUTHORITY.

15 (a) SECTION HEADING.—Section 162 (42 U.S.C.

16 6082) is amended—

17 (1) by striking ‘‘SEC. 162.’’; and

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

19 AUTHORITY’’ and inserting the following:

20 ‘‘SEC. 162. GRANT AUTHORITY.’’.

21 (b) AUTHORITY.—Section 162 (42 U.S.C. 6082) is

22 amended—

23 (1) in subsection (a), to read as follows:

24 ‘‘(a) IN GENERAL.—The Secretary—
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1 ‘‘(1) shall make grants to and enter into con2 tracts with public or nonprofit private entities for

3 projects of national significance relating to individ4 uals with developmental disabilities to—

5 ‘‘(A) support ongoing data collection on ex6 penditures, residential services and employment,

7 and develop an ongoing data collection system,

8 including data collection on the accomplish9 ments of State Developmental Disabilities

10 Councils, protection and advocacy systems, and

11 university affiliated programs; and

12 ‘‘(B) provide technical assistance (includ13 ing research, training, and evaluation) that ex14 pands or improves the effectiveness of State

15 Developmental Disabilities Councils under part

16 B, protection and advocacy systems under part

17 C, and university affiliated programs under

18 part D, including the evaluation and assessment

19 of the quality of services provided to individuals

20 with developmental disabilities and other activi21 ties performed by programs under parts B, C,

22 and D; and

23 ‘‘(2) may make grants to and enter into con24 tracts with public or nonprofit private entities for

25 projects of national significance relating to individ-
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1 uals with developmental disabilities to conduct other

2 nationally significant initiatives of sufficient size and

3 scope that hold promise of expanding or otherwise

4 improving opportunities for individuals with devel5 opmental disabilities, including—

6 ‘‘(A) conducting research and providing

7 technical assistance to assist States to develop

8 statewide, comprehensive information and refer9 ral and service coordination systems for individ10 uals with developmental disabilities and their

11 families and improve supportive living and qual12 ity of life opportunities that enhance recreation,

13 leisure, and fitness;

14 ‘‘(B) educating policymakers, including the

15 training of self-advocates and family members

16 of individuals with developmental disabilities;

17 ‘‘(C) pursuing Federal interagency initia18 tives that enhance the ability of Federal agen19 cies to address the needs of individuals with de20 velopmental disabilities and their families; and

21 ‘‘(D) expanding or otherwise improving op22 portunities for individuals with developmental

23 disabilities who are traditionally unserved or

24 underserved (including individuals of ethnic and

25 racial minority groups, and individuals from un-
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1 derserved geographical areas) including projects

2 to encourage members of such groups to par3 ticipate in the Developmental Disabilities Pro4 grams authorized under parts B, C, and D, and

5 increase the involvement of students and profes6 sionals of such groups in the provision of serv7 ices to, supports to, and advocacy for, individ8 uals with developmental disabilities.’’;

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

10 ‘‘(b) APPLICATION AND OTHER GRANT REQUIRE11 MENTS.—No grant may be made under subsection (a) un12 less—

13 ‘‘(1) an application has been submitted to the

14 Secretary in such form, in such manner, and con15 taining such information as the Secretary shall by

16 regulation prescribe and such application has been

17 approved by the Secretary;

18 ‘‘(2) each State in which the applicant’s project

19 will be conducted has a State plan approved under

20 section 122;

21 ‘‘(3) the application provides assurances that

22 the human rights of all individuals with developmen23 tal disabilities (especially those individuals without

24 familial protection) who are receiving services under

25 projects assisted under this part will be protected
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1 consistent with section 110 (relating to the rights of

2 individuals with developmental disabilities); and

3 ‘‘(4) the Secretary provides to the State Devel4 opmental Disabilities Council in such State an op5 portunity to review the application for such project

6 and to submit its comments on the application.’’;

7 (3) in subsection (c), by striking ‘‘Not later’’

8 and inserting ‘‘PRIORITIES FOR GRANTS.—Not

9 later’’;

10 (4) in subsection (d)—

11 (A) by striking ‘‘Payments under’’ and in12 serting ‘‘GRANT PAYMENTS.—Payments

13 under’’; and

14 (B) by inserting before the period in the

15 second sentence ‘‘, except as otherwise provided

16 under section 163’’;

17 (5) by redesignating subsections (b), (c), and

18 (d) as subsections (c), (d), and (e), respectively;

19 (6) by inserting after subsection (a) the follow20 ing new subsection:

21 ‘‘(b) INVESTIGATIONS.—

22 ‘‘(1) IN GENERAL.—Not later than October 1,

23 1993, there shall be a special initiative to support

24 grants to investigate the expansion of part B activi25 ties to individuals with severe disabilities other than
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1 developmental disabilities. Such investigations shall

2 be implemented through the following activities:

3 ‘‘(A) A national study of State Devel4 opmental Disabilities Councils that are cur5 rently mandated under State law or Executive

6 order to focus on individuals with disabilities

7 other than developmental disabilities. Such

8 study shall be completed not later than June

9 30, 1995.

10 ‘‘(B) Pilot initiatives by not more than five

11 additional State Developmental Disabilities

12 Councils, in consultation with and with the sup13 port of the protection and advocacy system and

14 the university affiliated program in such State,

15 to study the implications of such expansion in

16 States in which such Councils are located and

17 to delineate barriers, opportunities, and critical

18 issues. Such initiatives shall be completed not

19 later than January 1996.

20 ‘‘(C) A national study of the process and

21 outcomes of the pilot studies conducted under

22 subparagraph (B). Such study shall be com23 pleted not later than May 30, 1996.

24 ‘‘(2) APPLICATION.—No grant may be made

25 under this subsection unless an applicant submits to
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1 the Secretary an application, and meets the addi2 tional application requirements, under subsection

3 (c).’’; and

4 (7) by adding at the end thereof the following

5 new subsection:

6 ‘‘(f) LIST OF RECIPIENTS.—Not later than Septem7 ber 1 of each fiscal year, the Secretary shall publish in

8 the Federal Register a list of the recipients of grants and

9 contracts in each of the areas authorized in subsections

10 (a) and (b), including a brief description of the project,

11 and the amount of funds granted to each such project.

12 The amounts for such grants and contracts shall total the

13 amount appropriated under this part for such fiscal

14 year.’’.

15 SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

16 (a) IN GENERAL.—Section 163(a) (42 U.S.C.

17 6083(a)) is amended—

18 (1) by striking ‘‘$3,650,000’’ and inserting

19 ‘‘$4,000,000’’;

20 (2) by striking ‘‘fiscal year 1991’’ and inserting

21 ‘‘fiscal year 1994’’; and

22 (3) by striking ‘‘fiscal years 1992 and 1993’’

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

24 (b) LIMITATIONS.—Section 163(b) (42 U.S.C.

25 6083(b)) is amended to read as follows:
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1 ‘‘(b) LIMITATIONS.—

2 ‘‘(1) PROJECTS OF NATIONAL SIGNIFICANCE.—

3 At least 8 percent, but in no event less than

4 $300,000, of the amounts appropriated pursuant to

5 subsection (a) shall be used to carry out the provi6 sions of section 162(a)(1)(B).

7 ‘‘(2) INVESTIGATIONS.—

8 ‘‘(A) IN GENERAL.—The additional au9 thority to fund projects under section 162(b)

10 shall not be construed as requiring the Sec11 retary to supplant funding for other priorities

12 described in this part.

13 ‘‘(B) TIME LINE FOR FUNDING.—If

14 amounts are available to carry out subpara15 graphs (A), (B), and (C) of section 162(b)(1),

16 the Administration shall provide funding to

17 carry out such paragraphs not later than May

18 1 of the fiscal year in which such funds become

19 available.

20 ‘‘(3) PROGRAMMATIC REVIEWS OR OTHER AD21 MINISTRATIVE ACTIVITIES.—The Secretary may not

22 use the funds made available under subsection (a)

23 for programmatic reviews as prescribed by regula24 tion or other administrative activities under parts B,

25 C, and D.
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1 ‘‘(4) TECHNICAL ASSISTANCE FOR PROTECTION

2 AND ADVOCACY SYSTEMS.—If technical assistance to

3 improve the effectiveness of protection and advocacy

4 systems under part C is provided under section

5 142(c)(5)—

6 ‘‘(A) no funding for the provision of such

7 technical assistance to protection and advocacy

8 systems shall be provided under this part; and

9 ‘‘(B) the amount set aside for technical as10 sistance under section 162(a)(1)(B) shall be

11 proportionally reduced.’’.

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