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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1284 Reference Change House (RCH)]

103d CONGRESS
  1st Session
                                S. 1284

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1993

            Referred to the Committee on Education and Labor

                            November 3, 1993

            Referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 AN ACT

 
 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Developmental 
Disabilities Assistance and Bill of Rights Act Amendments of 1993''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
                      TITLE I--GENERAL PROVISIONS

Sec. 101. 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.
Sec. 402. Purpose.
Sec. 403. Grant authority.
Sec. 404. Applications.
Sec. 405. Grant awards.
Sec. 406. Authorization of appropriations and definition.
               TITLE V--PROJECTS OF NATIONAL SIGNIFICANCE

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

SEC. 2. REFERENCES.

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

                      TITLE I--GENERAL PROVISIONS

SEC. 101. TITLE AND PART HEADINGS.

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

 ``TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''.

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

                    ``PART A--GENERAL PROVISIONS''.

SEC. 102. FINDINGS AND PURPOSES.

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

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

    ``(a) Findings.--The Congress finds that--
            ``(1) in 1993 there are more than 3,000,000 individuals 
        with developmental disabilities in the United States;
            ``(2) disability is a natural part of the human experience 
        and in no way diminishes the right of individuals with 
        developmental disabilities to live independently, enjoy self-
        determination, make choices, contribute to society, and 
        experience full integration and inclusion in the economic, 
        political, social, cultural, and educational mainstream of 
        American society;
            ``(3) individuals with developmental disabilities 
        continually encounter various forms of discrimination in such 
        critical areas as employment, housing, public accommodations, 
        education, transportation, communication, recreation, 
        institutionalization, health services, voting, and public 
        services;
            ``(4) there is a lack of public awareness of the 
        capabilities and competencies of individuals with developmental 
        disabilities;
            ``(5) individuals whose disabilities occur during their 
        developmental period frequently have severe disabilities that 
        are likely to continue indefinitely;
            ``(6) individuals with developmental disabilities and their 
        families often require specialized lifelong assistance, 
        provided in a coordinated and culturally competent manner by 
        many agencies, professionals, advocates, community 
        representatives, and others to eliminate barriers and to meet 
        the needs of such individuals and their families;
            ``(7) a substantial portion of individuals with 
        developmental disabilities and their families do not have 
        access to appropriate support and services from generic and 
        specialized service systems and remain unserved or underserved;
            ``(8) family members, friends, and members of the community 
        can play a central role in enhancing the lives of individuals 
        with developmental disabilities, especially when the family and 
        community are provided with the necessary services and 
        supports; and
            ``(9) the goals of the Nation properly include the goal of 
        providing individuals with developmental disabilities with the 
        opportunities and support to--
                    ``(A) make informed choices and decisions;
                    ``(B) live in homes and communities in which such 
                individuals can exercise their full rights and 
                responsibilities as citizens;
                    ``(C) pursue meaningful and productive lives;
                    ``(D) contribute to their family, community, State, 
                and Nation;
                    ``(E) have interdependent friendships and 
                relationships with others; and
                    ``(F) achieve full integration and inclusion in 
                society.
    ``(b) Purpose.--The purpose of this Act is to assure that 
individuals with developmental disabilities and their families have 
access to culturally competent services, supports, and other assistance 
and opportunities that promote independence, productivity, and 
integration and inclusion into the community, through--
            ``(1) support to State Developmental Disabilities Councils 
        in each State to promote, through systemic change, capacity 
        building, and advocacy, a consumer and family-centered, 
        comprehensive system, and a coordinated array of services, 
        supports, and other assistance for individuals with 
        developmental disabilities and their families;
            ``(2) support to protection and advocacy systems in each 
        State to protect the legal and human rights of individuals with 
        developmental disabilities;
            ``(3) support to university affiliated programs to provide 
        interdisciplinary preservice preparation of students and 
        fellows, community service activities, and the dissemination of 
        information and research findings; and
            ``(4) support to national initiatives to collect necessary 
        data, provide technical assistance to State Developmental 
        Disabilities Councils, protection, and advocacy systems and 
        university affiliated programs, and support other nationally 
        significant activities.
    ``(c) Policy.--It is the policy of the United States that all 
programs, projects, and activities receiving assistance under this Act 
shall be carried out in a manner consistent with the principles that--
            ``(1) individuals with developmental disabilities, 
        including those with the most severe developmental 
        disabilities, are capable of achieving independence, 
        productivity, and integration and inclusion into the community, 
        and the provision of services, supports and other assistance 
        can improve such individuals' ability to achieve independence, 
        productivity, and integration and inclusion;
            ``(2) individuals with developmental disabilities and their 
        families are the primary decisionmakers regarding the services 
        and supports such individuals and their families receive and 
        play decisionmaking roles in policies and programs that affect 
        the lives of such individuals and their families;
            ``(3) individuals with developmental disabilities and their 
        families have competencies, capabilities and personal goals 
        that should be recognized, supported, and encouraged;
            ``(4) services, supports, and other assistance are provided 
        in a manner that demonstrates respect for individual dignity, 
        personal preferences, and cultural differences;
            ``(5) communities accept and support individuals with 
        developmental disabilities and are enriched by the full and 
        active participation and the contributions by individuals with 
        developmental disabilities and their families; and
            ``(6) individuals with developmental disabilities have 
        opportunities and the necessary support to be included in 
        community life, have interdependent relationships, live in 
        homes and communities, and make contributions to their 
        families, community, State, and Nation.''.

SEC. 103. DEFINITIONS.

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

``SEC. 102. DEFINITIONS.

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

SEC. 104. FEDERAL SHARE.

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

SEC. 105. RECORDS AND AUDITS.

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

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

    (b) Records and Audits.--Section 104 (42 U.S.C. 6003) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Each'' and inserting ``Records.--
                Each'';
                    (B) by striking ``including'' and inserting 
                ``including--'';
                    (C) by realigning the margins of subparagraphs (A), 
                (B), and (C) of paragraph (1) so as to align with the 
                margins of subparagraphs (A) and (B) of paragraph (27) 
                of section 102;
                    (D) by realigning the margins of paragraphs (1) and 
                (2) so as to align with the margin of paragraph (30) of 
                section 102;
                    (E) in paragraph (1), by striking ``disclose'' and 
                inserting ``disclose--''; and
                    (F) by striking the comma each place such appears 
                and inserting a semicolon; and
            (2) in subsection (b), by striking ``The Secretary'' and 
        inserting ``Access.--The Secretary''.

SEC. 106. RECOVERY.

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

SEC. 107. STATE CONTROL OF OPERATIONS.

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

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

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

SEC. 108. REPORTS.

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

``SEC. 107. REPORTS.''.

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

SEC. 109. RESPONSIBILITIES OF THE SECRETARY.

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

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

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

SEC. 110. EMPLOYMENT OF HANDICAPPED INDIVIDUALS.

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

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

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

SEC. 111. RIGHTS OF THE DEVELOPMENTALLY DISABLED.

    (a) Section Heading.--Section 110 (42 U.S.C. 6009) is amended--
            (1) by striking ``Sec. 110.''; and
            (2) in the section heading, by striking ``rights of the 
        developmentally disabled'' and inserting the following new 
        section heading:

``SEC. 110. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.''.

    (b) Rights.--Section 110 (42 U.S.C. 6009) is amended--
            (1) in the matter preceding paragraph (1) by striking 
        ``persons'' and inserting ``individuals'';
            (2) in paragraph (1), by striking ``Persons'' and inserting 
        ``Individuals'';
            (3) in paragraph (2)--
                    (A) by striking ``a person'' and inserting ``an 
                individual'';
                    (B) by striking ``the person'' and inserting ``the 
                individual''; and
                    (C) by striking ``the person's'' and inserting 
                ``the individual's'';
            (4) in paragraph (3), by striking ``persons'' each place 
        such term appears and inserting ``individuals'';
            (5) in paragraph (4), by striking ``persons'' each place 
        such term appears and inserting ``individuals''; and
            (6) in the matter after subparagraph (C), by striking 
        ``persons'' each place such term appears and inserting 
        ``individuals''.

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

SEC. 201. PART HEADING.

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

   ``PART B--FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES 
                              COUNCILS''.

SEC. 202. PURPOSE.

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

``SEC. 121. PURPOSE.

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

SEC. 203. STATE PLANS.

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

``SEC. 122. STATE PLAN.

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

SEC. 204. HABILITATION PLANS.

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

SEC. 205. COUNCILS.

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

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

    ``(a) In General.--Each State that receives assistance under this 
part shall establish and maintain a State Developmental Disabilities 
Council (hereafter in this section referred to as the `Council') to 
conduct systemic change, capacity building, and advocacy activities on 
behalf of all individuals with developmental disabilities. The Council 
shall have the authority to fulfill its responsibilities described in 
subsection (c).
    ``(b) Council Membership.--
            ``(1) Council appointments.--The members of the Council of 
        a State shall be appointed by the Governor of the State from 
        among the residents of that State. The Governor shall select 
        members of the Council, at his or her discretion, after 
        soliciting recommendations from organizations representing a 
        broad range of individuals with developmental disabilities and 
        individuals interested in individuals with developmental 
        disabilities, including the non-State agency members of the 
        Council. The Council shall coordinate Council and public input 
        to the Governor regarding all recommendations. To the extent 
        feasible, the membership of the Council shall be geographically 
        representative of the State and reflect the diversity of the 
        State with respect to race and ethnicity.
            ``(2) Membership rotation.--The Governor shall make 
        appropriate provisions to rotate the membership of the Council. 
        Such provisions shall allow members to continue to serve on the 
        Council until such members' successors are appointed. The 
        Council shall notify the Governor and the Secretary, and the 
        Secretary shall contact the Governor regarding membership 
        requirements, when vacancies remain unfilled for a significant 
        period of time.
            ``(3) Representation of agencies and organizations.--Each 
        Council shall at all times include representatives of the 
        principal State agencies (including the State agencies that 
        administer funds provided under the Rehabilitation Act of 1973, 
        the Individuals with Disabilities Education Act, the Older 
        Americans Act, and title XIX of the Social Security Act), 
        institutions of higher education, each university affiliated 
        program in the State established under part D, the State 
        protection and advocacy system established under part C, and 
        local agencies, nongovernmental agencies, and private nonprofit 
        groups concerned with services for individuals with 
        developmental disabilities in the State in which such agencies 
        and groups are located. Such representatives shall--
                    ``(A) have sufficient authority to engage in policy 
                planning and implementation on behalf of the 
                department, agency, or program such representatives 
                represent; and
                    ``(B) recuse themselves from any discussion of 
                grants or contracts for which such representatives' 
                departments, agencies, or programs are grantees or 
                applicants and comply with the conflict of interest 
                policies required under section 122(c)(5)(C).
            ``(4) Representation of individuals with developmental 
        disabilities.--Not less than 50 percent of the membership of 
        each Council shall consist of individuals who are--
                    ``(A)(i) individuals with developmental 
                disabilities;
                    ``(ii) parents or guardians of children with 
                developmental disabilities; or
                    ``(iii) immediate relatives or guardians of adults 
                with mentally impairing developmental disabilities who 
                cannot advocate for themselves; and
                    ``(B) not employees of a State agency that receives 
                funds or provides services under this part, and who are 
                not managing employees (as defined in section 1126(b) 
                of the Social Security Act) of any other entity that 
                receives funds or provides services under this part.
            ``(5) Composition of membership with developmental 
        disabilities.--Of the members of the Council described in 
        paragraph (4)--
                    ``(A) one-third shall be individuals with 
                developmental disabilities as described in paragraph 
                (4)(A)(i);
                    ``(B) one-third shall be parents of children with 
                developmental disabilities as described in paragraph 
                (4)(A)(ii), or immediate relatives or guardians of 
                adults with mentally impairing developmental 
                disabilities as described in paragraph (4)(A)(iii); and
                    ``(C) one-third shall be a combination of 
                individuals described in paragraph (4)(A).
            ``(6) Institutionalized individuals.--Of the members of the 
        Council described in paragraph (5), at least one shall be an 
        immediate relative or guardian of an institutionalized or 
        previously institutionalized individual with a developmental 
        disability or an individual with a developmental disability who 
        resides or previously resided in an institution. This paragraph 
        shall not apply with respect to a State if such an individual 
        does not reside in that State.
    ``(c) Council Responsibilities.--A Council, through Council 
members, staff, consultants, contractors, or subgrantees, shall have 
the responsibilities described in paragraphs (1) through (11).
            ``(1) Systemic change, capacity building, and advocacy.--
        The Council shall serve as an advocate for individuals with 
        developmental disabilities and conduct programs, projects, and 
        activities that carry out the purpose under section 121.
            ``(2) Examination of priority areas.--Not less than once 
        every 3 years, the Council shall examine the provision of and 
        need for the four Federal priority areas and an optional State 
        priority area to address, on a statewide and comprehensive 
        basis, urgent needs for services, supports, and other 
        assistance for individuals with developmental disabilities and 
        their families, pursuant to section 122.
            ``(3) State plan development.--The Council shall develop 
        and submit to the Secretary the State plan required under 
        section 122 after consultation with the designated State agency 
        under the State plan. Such consultation shall be solely for the 
        purposes of obtaining State assurances and ensuring consistency 
        of the plan with State law.
            ``(4) State plan implementation.--The Council shall 
        implement the State plan by conducting and supporting the 
        Federal priority area of employment, not less than one of the 
        remaining three Federal priority areas, and an optional State 
        priority area as defined in section 102, through systemic 
        change, capacity building, and advocacy activities such as 
        those described in subparagraphs (A) through (K).
                    ``(A) Demonstration of new approaches.--The Council 
                may conduct, on a time-limited basis, the demonstration 
                of new approaches to enhance the independence, 
                productivity, and integration and inclusion into the 
                community of individuals with developmental 
                disabilities. This may include making successful 
                demonstrations generally available through sources of 
                funding other than funding under this part, and may 
                also include assisting those conducting such successful 
                demonstration activities to develop strategies for 
                securing funding from other sources.
                    ``(B) Outreach.--The Council may conduct activities 
                to reach out to assist and enable individuals with 
                developmental disabilities and their families who 
                otherwise might not come to the attention of the 
                Council to obtain services, supports, and other 
                assistance, including access to special adaptation of 
                generic services or specialized services.
                    ``(C) Training.--The Council may conduct training 
                for individuals with developmental disabilities, their 
                families, and personnel (including professionals, 
                paraprofessionals, students, volunteers, and other 
                community members) to enable such individuals to obtain 
                access to, or to provide, services, supports and other 
                assistance, including special adaptation of generic 
                services or specialized services for individuals with 
                developmental disabilities and their families. To the 
                extent that training activities are provided, such 
                activities shall be designed to promote the empowerment 
                of individuals with developmental disabilities and 
                their families.
                    ``(D) Supporting communities.--The Council may 
                assist neighborhoods and communities to respond 
                positively to individuals with developmental 
                disabilities and their families by encouraging local 
                networks to provide informal and formal supports and 
                enabling communities to offer such individuals and 
                their families access, resources, and opportunities.
                    ``(E) Interagency collaboration and coordination.--
                The Council may promote interagency collaboration and 
                coordination to better serve, support, assist, or 
                advocate for individuals with developmental 
                disabilities and their families.
                    ``(F) Coordination with related councils, 
                committees, and programs.--The Council may conduct 
                activities to enhance coordination with--
                            ``(i) other councils or committees, 
                        authorized by Federal or State statute, 
                        concerning such individuals with disabilities 
                        (such as the State Interagency Coordinating 
                        Council under part H of the Individuals with 
                        Disabilities Education Act, the State 
                        Rehabilitation Advisory Council and the 
                        Statewide Independent Living Council under the 
                        Rehabilitation Act of 1973, the State Mental 
                        Health Planning Council under part B of title 
                        XIX of the Public Health Service Act and other 
                        similar councils or committees);
                            ``(ii) parent training and information 
                        centers under part D of the Individuals with 
                        Disabilities Education Act and other federally 
                        funded projects that assist parents of children 
                        with disabilities; and
                            ``(iii) other groups interested in systemic 
                        change, capacity building, and advocacy for 
                        individuals with disabilities.
                    ``(G) Barrier elimination, systems design, and 
                citizen participation.--The Council may conduct 
                activities to eliminate barriers, enhance systems 
                design and redesign, and enhance citizen participation 
                to address issues identified in the State plan.
                    ``(H) Public education and coalition development.--
                The Council may conduct activities to educate the 
                public about the capabilities, preferences, and needs 
                of individuals with developmental disabilities and 
                their families and to develop and support coalitions 
                that support the policy agenda of the Council, 
                including training in self-advocacy, educating 
                policymakers, and citizen leadership skills.
                    ``(I) Informing policymakers.--The Council may 
                provide information to Federal, State, and local 
                policymakers, including the Congress, the Federal 
                executive branch, the Governor, State legislature, and 
                State agencies, in order to increase the ability of 
                such policymakers to offer opportunities and to enhance 
                or adapt generic services or provide specialized 
                services to individuals with developmental disabilities 
                and their families by conducting studies and analyses, 
                gathering information, and developing and disseminating 
                model policies and procedures, information, approaches, 
                strategies, findings, conclusions, and recommendations.
                    ``(J) Prevention.--The Council may conduct 
                prevention activities as defined in section 102.
                    ``(K) Other activities.--The Council may conduct 
                other systemic change, capacity building, and advocacy 
                activities to expand and enhance the independence, 
                productivity, and integration and inclusion into the 
                community of individuals with developmental 
                disabilities throughout the State on a comprehensive 
                basis.
            ``(5) State plan monitoring.--Not less than once each year, 
        the Council shall monitor, review, and evaluate the 
        implementation and effectiveness of the State plan in meeting 
        such plan's objectives.
            ``(6) Review of designated state agency.--The Council shall 
        periodically review the appropriateness of the designated State 
        agency and make any recommendations for change to the Governor.
            ``(7) Reports.--The Council shall submit to the Secretary, 
        through the Governor, periodic reports on its activities as the 
        Secretary may reasonably request, and keep such records and 
        afford such access thereto as the Secretary finds necessary to 
        verify such reports.
            ``(8) Budget.--Each Council shall prepare, approve, and 
        implement a budget using amounts paid to the State under this 
        part to fund and implement all programs, projects, and 
        activities under this part including--
                    ``(A) conducting such hearings and forums as the 
                Council may determine to be necessary to carry out the 
                duties of the Council, reimbursing Council members of 
                the Council for reasonable and necessary expenses for 
                attending Council meetings and performing Council 
                duties (including child care and personal assistance 
                services), paying compensation to a member of the 
                Council, if such member is not employed or must forfeit 
                wages from other employment, for each day such member 
                is engaged in performing the duties of the Council, 
                supporting Council member and staff travel to 
                authorized training and technical assistance activities 
                including inservice training and leadership 
                development, and appropriate subcontracting activities;
                    ``(B) hiring and maintaining sufficient numbers and 
                types of staff (qualified by training and experience) 
                and obtaining the services of such professional, 
                consulting, technical, and clerical personnel 
                (qualified by training and experience), consistent with 
                State law, as the Council determines to be necessary to 
                carry out its functions under this part, except that 
                such State shall not apply hiring freezes, reductions 
                in force, prohibitions on staff travel, or other 
                policies that negatively affect the provision of staff 
                support of the Council; and
                    ``(C) directing the expenditure of funds for 
                grants, contracts, interagency agreements that are 
                binding contracts, and other activities authorized by 
                the approved State plan.
            ``(9) Staff hiring and supervision.--A Council shall, 
        consistent with State law, recruit and hire a Director of the 
        Council, should the position of Director become vacant, and 
        supervise and annually evaluate the Director. The Director 
        shall hire, supervise, and annually evaluate the staff of the 
        Council. Council recruitment and hiring of staff shall be 
        consistent with Federal and State nondiscrimination laws. 
        Dismissal of personnel shall be for cause only, based on 
        documented performance evaluations and consistent with State 
        law and personnel policies. Council directors and staff who are 
        exempt from State personnel policies may be dismissed based 
        only on documented performance criteria.
            ``(10) Staff assignments.--The staff and other personnel, 
        while working for the Council, shall be responsible solely for 
        assisting the Council in carrying out its duties under this 
        part and shall not be assigned duties by the designated State 
        agency or any other agency or office of the State.
            ``(11) Construction.--Nothing in this part shall be 
        construed to preclude a Council from engaging in systemic 
        change, capacity building, and advocacy activities for 
        individuals with disabilities other than developmental 
        disabilities, where appropriate.
    ``(d) Designated State Agency.--
            ``(1) In general.--Each State that receives assistance 
        under this part shall designate the State agency that shall, on 
        behalf of the State, provide support to the Council. After the 
        date of enactment of the Developmental Disabilities Assistance 
        and Bill of Rights Act Amendments of 1993, any designation of a 
        State agency shall be made in accordance with the requirements 
        of this subsection.
            ``(2) Designation.--
                    ``(A) Type of agency.--Except as provided in this 
                subsection, the designated State agency shall be--
                            ``(i) the Council if such Council may be 
                        the designated State agency under the laws of 
                        the State;
                            ``(ii) a State agency that does not provide 
                        or pay for services made available to 
                        individuals with developmental disabilities; or
                            ``(iii) a State office, including the 
                        immediate office of the Governor of the State 
                        or a State planning office.
                    ``(B) Conditions for continuation of state service 
                agency designation.--
                            ``(i) Designation before enactment.--If a 
                        State agency that provides or pays for services 
                        for individuals with developmental disabilities 
                        was a designated State agency for purposes of 
                        this part on the date of enactment of the 
                        Developmental Disabilities Assistance and Bill 
                        of Rights Act Amendments of 1993, and the 
                        Governor of the State (or legislature, where 
                        appropriate and in accordance with State law) 
                        determines prior to June 30, 1994, not to 
                        change the designation of such agency, such 
                        agency may continue to be a designated State 
                        agency for purposes of this part.
                            ``(ii) Criteria for continued 
                        designation.--The determination at the 
                        discretion of the Governor (or legislature as 
                        the case may be) shall consider the comments 
                        and recommendations of the general public and a 
                        majority of the non-State agency members of the 
                        Council with respect to the designation of such 
                        State agency, and after the Governor (or 
                        legislature as the case may be) has made an 
                        independent assessment that the designation of 
                        such agency shall not interfere with the 
                        budget, personnel, priorities, or other action 
                        of the Council, and the ability of the Council 
                        to serve as an advocate for individuals with 
                        developmental disabilities.
                    ``(C) Review of designation.--After October 1, 
                1993, the Council may request a review of the 
                designation of the designated State agency by the 
                Governor (or legislature as the case may be). The 
                Council shall provide documentation concerning the 
                reason the Council desires a change to be made and make 
                a recommendation to the Governor (or legislature as the 
                case may be) regarding a preferred designated State 
                agency.
                    ``(D) Appeal of designation.--After the review is 
                completed under subparagraph (C), a majority of the 
                non-State agency members of the Council may appeal to 
                the Secretary for a review of the designation of the 
                designated State agency if Council independence as an 
                advocate is not assured because of the actions or 
                inactions of the designated State agency.
            ``(3) Responsibilities.--The designated State agency shall, 
        on behalf of the State, have the responsibilities described in 
        subparagraphs (A) through (F).
                    ``(A) Support services.--The designated State 
                agency shall provide required assurances and support 
                services as requested by and negotiated with the 
                Council.
                    ``(B) Fiscal responsibilities.--The designated 
                State agency shall--
                            ``(i) receive, account for, and disperse 
                        funds under this part based on the State plan 
                        required in section 122; and
                            ``(ii) provide for such fiscal control and 
                        fund accounting procedures as may be necessary 
                        to assure the proper dispersement of, and 
                        accounting for, funds paid to the State under 
                        this part.
                    ``(C) Records, access, and financial reports.--The 
                designated State agency shall keep such records and 
                afford access thereto as the Secretary and the Council 
                determine necessary. The designated State agency, if 
                other than the Council, shall provide timely financial 
                reports at the request of the Council regarding the 
                status of expenditures, obligations, liquidation, and 
                the Federal and non-Federal share.
                    ``(D) Non-federal share.--The designated State 
                agency, if other than the Council, shall provide the 
                required non-Federal share defined in section 125A(c).
                    ``(E) Assurances.--The designated State agency 
                shall assist the Council in obtaining the appropriate 
                State plan assurances and in ensuring that the plan is 
                consistent with State law.
                    ``(F) Memorandum of understanding.--On the request 
                of the Council, the designated State agency shall enter 
                into a memorandum of understanding with the Council 
                delineating the roles and responsibilities of the 
                designated State agency.
            ``(4) Use of funds for designated state agency 
        responsibilities.--
                    ``(A) Necessary expenditures of state designated 
                agency.--At the request of any State, a portion of any 
                allotment or allotments of such State under this part 
                for any fiscal year shall be available to pay up to 
                one-half (or the entire amount if the Council is the 
                designated State agency) of the expenditures found 
                necessary by the Secretary for the proper and efficient 
                exercise of the functions of the State designated 
                agency, except that not more than 5 percent of the 
                total of the allotments of such State for any fiscal 
                year, or $50,000, whichever is less, shall be made 
                available for the total expenditure for such purpose by 
                the State agency designated under this subsection.
                    ``(B) Condition for federal funding.--Amounts shall 
                be provided under subparagraph (A) to a State for a 
                fiscal year only on condition that there shall be 
                expended from State sources for carrying out the 
                responsibilities of the designated State agency under 
                paragraph (3) not less than the total amount expended 
                for carrying out such responsibilities from such 
                sources during the previous fiscal year, except in such 
                year as the Council may become the designated State 
                agency.
                    ``(C) Support services provided by other 
                agencies.--With the agreement of the designated State 
                agency, the Council may use or contract with agencies 
                other than the designated State agency to perform the 
                functions of the designated State agency.
    ``(e) 1990 Report.--Not later than January 1, 1990, each Council 
shall complete the reviews, analyses, and final report described in 
this section.
            ``(1) Comprehensive review and analysis.--Each Council 
        shall conduct a comprehensive review and analysis of the 
        eligibility for services provided, and the extent, scope, and 
        effectiveness of, services provided and functions performed by, 
        all State agencies (including agencies that provide public 
        assistance) that affect or that potentially affect the ability 
        of individuals with developmental disabilities to achieve the 
        goals of independence, productivity, and integration and 
        inclusion into the community, including individuals with 
        developmental disabilities attributable to physical impairment, 
        mental impairment, or a combination of physical and mental 
        impairments.
            ``(2) Consumer satisfaction.--Each Council shall conduct a 
        review and analysis of the effectiveness of, and consumer 
        satisfaction with, the functions performed by, and services 
        provided or paid for from Federal and State funds by, each of 
        the State agencies (including agencies that provide public 
        assistance) responsible for performing functions for, and 
        providing services to, all individuals with developmental 
        disabilities in the State. Such review and analysis shall be 
        based upon a survey of a representative sample of individuals 
        with developmental disabilities receiving services from each 
        such agency, and if appropriate, shall include such 
        individual's families.
            ``(3) Public review and comment.--Each Council shall 
        convene public forums, after the provision of notice within the 
        State, in order to--
                    ``(A) present the findings of the reviews and 
                analyses prepared under paragraphs (1) and (2);
                    ``(B) obtain comments from all interested 
                individuals in the State regarding the unserved and 
                underserved populations of individuals with 
                developmental disabilities that result from physical 
                impairment, mental impairment, or a combination of 
                physical and mental impairments; and
                    ``(C) obtain comments on any proposed 
                recommendations concerning the removal of barriers to 
                services for individuals with developmental 
                disabilities and to connect such services to existing 
                State agencies by recommending the designation of one 
                or more State agencies, as appropriate, to be 
                responsible for the provision and coordination of such 
                services.
            ``(4) Basis for state plan.--Each Council shall utilize the 
        information developed pursuant to paragraphs (1), (2), and (3) 
        in developing the State plan.''.

SEC. 206. STATE ALLOTMENTS.

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

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

    (b) Allotments.--Section 125 (42 U.S.C. 6025) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by realigning the margins of 
                        subparagraphs (A), (B), and (C) so as to align 
                        with the margin of subparagraph (A) of 
                        paragraph (4); and
                            (ii) by realigning the margin of the matter 
                        following subparagraph (C) so as to align with 
                        the margin of paragraph (3);
                    (B) by striking ``(a)(1) For'' and inserting the 
                following:
    ``(a) Allotments.--
            ``(1) In general.--For'';
                    (C) in paragraph (2)--
                            (i) by striking ``(2) Adjustments'' and 
                        inserting the following:
            ``(2) Adjustments.--Adjustments'';
                            (ii) by striking ``may be'' and inserting 
                        ``shall be''; and
                            (iii) by striking ``not less'' and 
                        inserting ``and the percentage of the total 
                        appropriation for each State not less'';
                    (D) in paragraph (3)--
                            (i) by striking ``(3)(A) Except'' and all 
                        that follows through ``September 30, 1990.'' 
                        and inserting the following:
            ``(3) Minimum allotment.--
                    ``(A) In general.--Except as provided in paragraph 
                (4), for any fiscal year the allotment under this 
                section--
                            ``(i) to each of American Samoa, Guam, the 
                        United States Virgin Islands, the Commonwealth 
                        of the Northern Mariana Islands, or the 
                        Republic of Palau (until the Compact of Free 
                        Association with Palau takes effect) may not be 
                        less than the greater of--
                                    ``(I) $210,000; or
                                    ``(II) the greater of the allotment 
                                received by such State for fiscal year 
                                1992, or the allotment received by such 
                                State for fiscal year 1993, under this 
                                section (determined without regard to 
                                subsection (d)); and
                            ``(ii) to any State not described in clause 
                        (i), may not be less than the greater of--
                                    ``(I) $400,000; or
                                    ``(II) the greater of the allotment 
                                received by such State for fiscal year 
                                1992, or the allotment received by such 
                                State for fiscal year 1993, under this 
                                section (determined without regard to 
                                subsection (d)).''; and
                            (ii) by striking ``(B) Notwithstanding'' 
                        and inserting the following:
                    ``(B) Reduction of allotment.--Notwithstanding'';
                    (E) in paragraph (4), to read as follows:
            ``(4) Maximum allotment.--
                    ``(A) In general.--In any case in which amounts 
                appropriated under section 130 for a fiscal year 
                exceeds $75,000,000, the allotment under this section 
                for such fiscal year--
                            ``(i) to each of American Samoa, Guam, the 
                        United States Virgin Islands, the Commonwealth 
                        of the Northern Mariana Islands or the Republic 
                        of Palau (until the Compact of Free Association 
                        with Palau takes effect) may not be less than 
                        the greater of--
                                    ``(I) $220,000; or
                                    ``(II) the greater of the allotment 
                                received by such State for fiscal year 
                                1992, or the allotment received by such 
                                State for fiscal year 1993, under this 
                                section (determined without regard to 
                                subsection (d)); and
                            ``(ii) to any State not described in clause 
                        (i) may not be less than the greater of--
                                    ``(I) $450,000; or
                                    ``(II) the greater of the allotment 
                                received by such State for fiscal year 
                                1992, or the allotment received by such 
                                State for fiscal year 1993, under this 
                                section (determined without regard to 
                                subsection (d)).
                    ``(B) Reduction of allotment.--The requirements of 
                paragraph (3)(B) shall apply with respect to amounts to 
                be allotted to States under subparagraph (A), in the 
                same manner and to the same extent as such requirements 
                apply with respect to amounts to be allotted to States 
                under paragraph (3)(A).'';
                    (F) in paragraph (5)--
                            (i) by striking ``In determining'' and 
                        inserting ``State supports, services, and other 
                        activities.--In determining''; and
                            (ii) by striking, ``section 122(b)(2)(C)'' 
                        and inserting ``section 122(c)(3)(A)''; and
                    (G) in paragraph (6), by striking ``In any case'' 
                and inserting ``Increase in allotments.--In any case'';
            (2) in subsection (b), by striking ``Any amount'' and 
        inserting ``Unobligated Funds.--Any amount'';
            (3) in subsection (c), by striking ``Whenever'' and 
        inserting ``Cooperative Efforts Between States.--Whenever''; 
        and
            (4) in subsection (d), by striking ``The amount'' and 
        inserting ``Reallotments.--The amount''.

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

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

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

    ``(a) Aggregate Costs.--The Federal share of all projects in a 
State supported by an allotment to the State under this part may not 
exceed 75 percent of the aggregate necessary costs of all such projects 
as determined by the Secretary, except that--
            ``(1) in the case of projects whose activities or products 
        target individuals with developmental disabilities who live in 
        urban or rural poverty areas, the Federal share of all such 
        projects may not exceed 90 percent of the aggregate necessary 
        costs of such projects or activities, as determined by the 
        Secretary; and
            ``(2) in the case of projects or activities undertaken by 
        the Council or Council staff to implement State plan priority 
        activities, the Federal share of all such activities may be up 
        to 100 percent of the aggregate necessary costs of such 
        activities.
    ``(b) Nonduplication.--In determining the amount of any State's 
Federal share of the expenditures incurred by such State under a State 
plan approved under section 122, the Secretary shall not consider--
            ``(1) any portion of such expenditures that are financed by 
        Federal funds provided under any provision of law other than 
        section 125; and
            ``(2) the amount of any non-Federal funds required to be 
        expended as a condition of receipt of such Federal funds.
    ``(c) Non-Federal Share.--
            ``(1) In kind contributions.--The non-Federal share of the 
        cost of any project assisted by a grant or an allotment under 
        this part may be provided in kind.
            ``(2) Contributions of political subdivisions, public, or 
        private entities.--
                    ``(A) In general.--Expenditures on projects or 
                activities by a political subdivision of a State or by 
                a public or private entity shall, subject to such 
                limitations and conditions as the Secretary may by 
                regulation prescribe, be considered to be expenditures 
                by such State in the case of a project under this part.
                    ``(B) State contributions.--State contributions, 
                including contributions by the designated State agency 
                to provide support services to the Council pursuant to 
                section 124(d)(4), may be counted as part of such 
                State's non-Federal share of allotments under this 
                part.
            ``(3) Variations of the non-federal share.--The non-Federal 
        share required on a grant-by-grant basis may vary.''.

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

    Section 126 (42 U.S.C. 6026) is amended--
            (1) by striking ``Sec. 126.'' and inserting ``(a) State 
        Plan Expenditures.--'';
            (2) in the section heading, by striking ``payments to the 
        states for planning, administration and services'' and 
        inserting the following:

``SEC. 126. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION, AND 
              SERVICES.'';

        and
            (3) by adding at the end the following new subsection:
    ``(b) Support Services.--Payments to States for support services 
provided by the designated State agency pursuant to section 124(d)(4) 
may be made in advance or by way of reimbursement, and in such 
installments as the Secretary may determine.''.

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

    Section 127 (42 U.S.C. 6027) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Sec. 127.'';
            (2) in the section heading by striking ``withholding of 
        payments for planning, administration and services'' and 
        inserting the following:

``SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION, AND 
              SERVICES.'';

        and
            (3) in paragraph (1), by striking ``sections'' and 
        inserting ``section''.

SEC. 210. NONDUPLICATION.

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

SEC. 211. APPEALS BY STATES.

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

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

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

    Section 130 (42 U.S.C. 6030) is amended--
            (1) by striking ``fiscal year 1991'' and inserting ``fiscal 
        year 1994''; and
            (2) by striking ``years 1992 and 1993'' and inserting 
        ``years 1995 and 1996''.

SEC. 213. REVIEW, ANALYSIS, AND REPORT.

    (a) Review and Analysis.--The Secretary of Health and Human 
Services shall review and analyze the allotment formula in effect under 
parts B and C of title I of the Developmental Disabilities Assistance 
and Bill of Rights Act prior to the date of enactment of this Act, 
including the factors described in such parts, and the data elements 
and measures used by the Secretary, to determine whether such formula 
is consistent with the purpose of the Act.
    (b) Alternative Formulas.--The Secretary of Health and Human 
Services shall identify alternative formulas for allocating funds, 
consistent with the purpose of this Act.
    (c) Report.--Not later than October 1, 1995, the Secretary of 
Health and Human Services shall submit a report on the review conducted 
under subsection (a) and a copy of the alternative formulas identified 
under subsection (b) to the Committee on Labor and Human Resources of 
the Senate and to the Committee on Energy and Commerce of the House of 
Representatives.

        TITLE III--PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS

SEC. 301. PART HEADING.

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

       ``PART C--PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS''.

SEC. 302. PURPOSE.

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

``SEC. 141. PURPOSE.'';

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

SEC. 303. SYSTEM REQUIRED.

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

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

    (b) System.--Section 142 (42 U.S.C. 6042) is amended--
            (1) in subsection (a)--
                    (A) by striking ``In order'' and inserting ``System 
                Required.--In order'';
                    (B) in paragraph (1), by striking ``persons'' and 
                inserting ``individuals'';
                    (C) in paragraph (2)--
                            (i) by striking ``persons'' each place such 
                        term appears and inserting ``individuals'';
                            (ii) in subparagraph (A), by striking 
                        ``minority'' and inserting ``underserved 
                        geographical areas and ethnic and racial 
                        minority'';
                            (iii) by striking subparagraph (C);
                            (iv) in subparagraph (E), by striking 
                        ``Planning Council'' and inserting 
                        ``Developmental Disabilities Council authorized 
                        under part B'';
                            (v) in subparagraph (F), by striking 
                        ``and'' at the end thereof; and
                            (vi) in subparagraph (G)--
                                    (I) in clause (i), by striking 
                                ``person'' each place such term appears 
                                and inserting ``individual'';
                                    (II) in the matter preceding 
                                subclause (I) of clause (ii), by 
                                striking ``person'' and inserting 
                                ``individual'';
                                    (III) in clause (ii)(I), by 
                                striking ``by reason of the mental or 
                                physical condition of such person'' and 
                                inserting ``by reason of such 
                                individual's mental or physical 
                                condition'';
                                    (IV) in clause (ii)(III), by 
                                striking ``person'' and inserting 
                                ``individual'';
                                    (V) in clause (iii), by realigning 
                                the margins of subclauses (I), (II), 
                                and (III) so as to align with the 
                                margins of subclauses (I), (II), and 
                                (III) of clause (ii);
                                    (VI) in clause (iii), by striking 
                                ``(iii) any'' and inserting the 
                                following:
                            ``(iii) any''; and
                                    (VII) in clause (iii)(III), by 
                                striking ``person'' and inserting 
                                ``individual'';
                    (D) by redesignating subparagraphs (D), (E), (F), 
                and (G) as subparagraphs (E), (F), (G), and (I), 
                respectively;
                    (E) by inserting after subparagraph (B) the 
                following new subparagraphs:
                    ``(C) on an annual basis, develop a statement of 
                objectives and priorities for the system's activities; 
                and
                    ``(D) on an annual basis, provide to the public, 
                including individuals with developmental disabilities 
                attributable to either physical impairment, mental 
                impairment, or a combination of physical or mental 
                impairments, and their representatives, as appropriate, 
                non-State agency representatives of the State 
                Developmental Disabilities Council, and the university 
                affiliated program (if applicable within a State), an 
                opportunity to comment on--
                            ``(i) the objectives and priorities 
                        established by the system and the rationale for 
                        the establishment of such objectives; and
                            ``(ii) the activities of the system, 
                        including the coordination with the advocacy 
                        programs under the Rehabilitation Act of 1973, 
                        the Older Americans Act of 1965, and the 
                        Protection and Advocacy for Mentally Ill 
                        Individuals Act of 1986, and with other related 
                        programs, including the Parent Training and 
                        Information Centers, education ombudsman 
                        programs and assistive technology projects;'';
                    (F) by inserting after subparagraph (G), as so 
                redesignated in subparagraph (D), the following new 
                subparagraph:
                    ``(H) have access at reasonable times and locations 
                to any resident who is an individual with a 
                developmental disability in a facility that is 
                providing services, supports, and other assistance to 
                such a resident;'';
                    (G) by adding at the end the following new 
                subparagraphs:
                    ``(J) hire and maintain sufficient numbers and 
                types of staff, qualified by training and experience, 
                to carry out such system's function except that such 
                State shall not apply hiring freezes, reductions in 
                force, or other policies that negatively affect the 
                provision of staff support to the system, or restrict 
                travel to training and technical assistance activities 
                funded under this Act;
                    ``(K) have the authority to educate policymakers; 
                and
                    ``(L) provide assurances to the Secretary that 
                funds allotted to the State under this section will be 
                used to supplement and increase the level of funds that 
                would otherwise be made available for the purposes for 
                which Federal funds are provided and not to supplant 
                such non-Federal funds;''
                    (H) by striking paragraphs (3) and (5);
                    (I) in paragraph (4)--
                            (i) by striking ``the State'' and all that 
                        follows through ``provided with'' and inserting 
                        ``the State must provide to the system'';
                            (ii) by striking ``1902(a)(31)(B)'' and 
                        inserting ``1902(a)(31)''; and
                            (iii) by redesignating such paragraph as 
                        paragraph (3); and
                    (J) by adding at the end the following new 
                paragraph:
            ``(4) the agency implementing the system will not be 
        redesignated unless there is good cause for the redesignation 
        and unless--
                    ``(A) notice has been given of the intention to 
                make such redesignation to the agency that is serving 
                as the system including the good cause for such 
                redesignation and the agency has been given an 
                opportunity to respond to the assertion that good cause 
                has been shown;
                    ``(B) timely notice and opportunity for public 
                comment in an accessible format has been given to 
                individuals with developmental disabilities or their 
                representatives; and
                    ``(C) the system has the opportunity to appeal to 
                the Secretary that the redesignation was not for good 
                cause.'';
            (2) in subsection (b)--
                    (A) by striking ``(b)(1) To'' and inserting the 
                following:
    ``(b) Allotments.--
            ``(1) In general.--To'';
                    (B) in paragraph (1)--
                            (i) by realigning the margins of 
                        subparagraphs (A) and (B) so as to align with 
                        subparagraphs (A) through (C) of subsection 
                        (a)(4);
                            (ii) in subparagraph (A), to read as 
                        follows:
                    ``(A) the total amount appropriated under section 
                143 for a fiscal year is at least $20,000,000--
                            ``(i) the allotment of each of American 
                        Samoa, Guam, the United States Virgin Islands, 
                        the Commonwealth of the Northern Mariana 
                        Islands, and the Republic of Palau (until the 
                        Compact of Free Association with Palau takes 
                        effect) for such fiscal year may not be less 
                        than the greater of--
                                    ``(I) $107,000; or
                                    ``(II) the greater of the allotment 
                                received by such State for fiscal year 
                                1992, or the allotment received by such 
                                State for fiscal year 1993, under this 
                                section (determined without regard to 
                                subsection (d)); and
                            ``(ii) the allotment of any State not 
                        described in clause (i) for such fiscal year 
                        may not be less than the greater of--
                                    ``(I) $200,000; or
                                    ``(II) the greater of the 
                                allotments received by such State for 
                                fiscal year 1992, or the allotment 
                                received by such State for fiscal year 
                                1993, under this section (determined 
                                without regard to subsection (d)).''; 
                                and
                            (iii) in subparagraph (B), to read as 
                        follows:
                    ``(B) the total amount appropriated under section 
                143 for a fiscal year is less than $20,000,000--
                            ``(i) the allotment of each of American 
                        Samoa, Guam, the United States Virgin Islands, 
                        the Commonwealth of the Northern Mariana 
                        Islands, and the Republic of Palau (until the 
                        Compact of Free Association with Palau takes 
                        effect) for such fiscal year may not be less 
                        than the greater of--
                                    ``(I) $80,000; or
                                    ``(II) the greater of the allotment 
                                received by such State for fiscal year 
                                1992, or the allotment received by such 
                                State for fiscal year 1993, under this 
                                section (determined without regard to 
                                subsection (d)); and
                            ``(ii) the allotment of any State not 
                        described in clause (i) for such fiscal year 
                        may not be less than the greater of--
                                    ``(I) $150,000; or
                                    ``(II) the greater of the allotment 
                                received by such State for fiscal year 
                                1992, or the allotment received by such 
                                State for fiscal year 1993, under this 
                                section (determined without regard to 
                                subsection (d)).'';
                    (C) by realigning the margins of subparagraphs (A) 
                and (B) of paragraph (2) so as to align with 
                subparagraphs (A) through (C) of subsection (a)(4);
                    (D) by realigning the margins of paragraphs (2) 
                through (4) so as to align with paragraph (4) of 
                subsection (a);
                    (E) in paragraph (2), by striking ``In any case'' 
                and inserting ``Increase in allotments.--In any case'';
                    (F) in paragraph (3), by striking ``A State'' and 
                inserting ``Monitoring the administration of the 
                system.--A State'';
                    (G) in paragraph (4), by striking 
                ``Notwithstanding'' and inserting ``Reduction of 
                allotment.--Notwithstanding''; and
                    (H) by inserting at the end the following new 
                paragraph:
            ``(5) Technical assistance and american indian 
        consortium.--In any case in which amounts appropriated under 
        section 143 for a fiscal year exceeds $24,500,000, the 
        Secretary shall--
                    ``(A) use not more than 2 percent of the amounts 
                appropriated to provide technical assistance 
                (consistent with requests by such systems for such 
                assistance in the year that appropriations reach 
                $24,500,000) to eligible systems with respect to 
                activities carried out under this title; and
                    ``(B) provide grants in accordance with paragraph 
                (1)(A)(i) to American Indian Consortiums to provide 
                protection and advocacy services.'';
            (3) in subsection (c), by striking ``Any amount'' and 
        inserting ``Unobligated Funds.--Any amount'';
            (4) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``In States'' and inserting ``Governing 
                board.--In States'';
                    (B) in paragraph (1), by inserting before the 
                semicolon ``and include individuals with developmental 
                disabilities who are eligible for services, or have 
                received or are receiving services, or parents, family 
                members, guardians, advocates, or authorized 
                representatives of such individuals''; and
                    (C) by adding at the end the following new 
                paragraph:

            ``(4) in States in which the system is organized as a 
        public system without a multimember governing or advisory 
        board, the system shall establish an advisory council that 
        shall--
                    ``(A) advise the system on policies and priorities 
                to be carried out in protecting and advocating the 
                rights of individuals with developmental disabilities; 
                and
                    ``(B) consist of a majority of individuals with 
                developmental disabilities who are eligible for 
                services, or have received or are receiving services, 
                or parents, family members, guardians, advocates, or 
                authorized representatives of such individuals.'';
            (5) in subsection (e) by striking ``As used'' and inserting 
        ``Records.--As used'';
            (6) in subsection (f)--
                    (A) by striking ``If the'' and inserting ``Access 
                to Records.--If the''; and
                    (B) in the matter preceding paragraph (1) by 
                striking ``persons'' and inserting ``individuals'';
            (7) in subsection (g)--
                    (A) by striking ``(g)(1) Nothing'' and inserting 
                the following:
    ``(g) Legal Action.--
            ``(1) In general.--Nothing'';
                    (B) in paragraph (1), by striking ``persons'' and 
                inserting ``individuals''; and
                    (C) in paragraph (2), by striking ``(2) Amounts'' 
                and inserting the following:
            ``(2) Use of amounts from judgment.--Amounts'';
            (8) in subsection (h), by striking ``Notwithstanding'' and 
        inserting ``Payment to Systems.--Notwithstanding'';
            (9) by redesignating subsections (b) through (h) as 
        subsections (c) through (i), respectively;
            (10) by inserting after subsection (a) the following new 
        subsection:
    ``(b) American Indian Consortium.--Upon application to the 
Secretary, an American Indian consortium, as defined in section 102, 
established to provide protection and advocacy services under this 
part, shall receive funding pursuant to subsection (c)(5). Such 
consortium shall coordinate activities with existing systems.''; and
            (11) by adding at the end the following new subsections:
    ``(j) Disclosure of Information.--For purposes of any periodic 
audit, report, or evaluation required under this Act, the Secretary 
shall not require a program to disclose the identity of, or any other 
personally identifiable information related to, any individual 
requesting assistance under such program.
    ``(k) Public Notice of Federal Onsite Review.--The Secretary shall 
provide advance public notice of any Federal programmatic and 
administrative review and solicit public comment on the system funded 
under this part through such notice. The findings of the public comment 
solicitation notice shall be included in the onsite visit report.''.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

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

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

            (3) by striking ``$24,200,000 for fiscal year 1991'' and 
        inserting ``$29,000,000 for fiscal year 1994''; and
            (4) by striking ``fiscal years 1992 and 1993'' and 
        inserting ``fiscal years 1995 and 1996''.

                TITLE IV--UNIVERSITY AFFILIATED PROGRAMS

SEC. 401. PART HEADING.

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

              ``PART D--UNIVERSITY AFFILIATED PROGRAMS''.

SEC. 402. PURPOSE.

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

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

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

SEC. 403. GRANT AUTHORITY.

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

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

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

SEC. 404. APPLICATIONS.

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

``SEC. 153. APPLICATIONS.''.

    (b) Applications.--Section 153 (42 U.S.C. 6063) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Not later than six'' and 
                inserting: ``Standards.--Not later than 12'';
                    (B) by striking ``Act of 1984'' and inserting 
                ``Assistance and Bill of Rights Act Amendments of 
                1993'';
                    (C) by striking ``persons'' and inserting 
                ``individuals''; and
                    (D) by striking ``section 102(18)'' and inserting 
                ``section 151'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``No grants'' and all that follows through 
                ``Such an application'' and inserting ``Assurances.--
                The application under subsection (a)'';
                    (B) in paragraph (1), by striking ``grant will'' 
                and all that follows through ``level of such funds;'' 
                and inserting the following: ``grant will--
                    ``(A) not result in any decrease in the use of 
                State, local, and other non-Federal funds for services 
                for individuals with developmental disabilities and for 
                training of individuals to provide such services, which 
                funds would (except for such grant) be made available 
                to the applicant; and
                    ``(B) be used to supplement and, to the extent 
                practicable, increase the level of such funds;'';
                    (C) in paragraph (2), by striking ``subsection 
                (a)'' each place such term appears and inserting 
                ``subsection (b)'';
                    (D) in paragraph (3)--
                            (i) by striking ``persons'' each place such 
                        term appears and inserting ``individuals'';
                            (ii) by striking ``treatment, services, or 
                        habilitation'' and inserting ``services''; and
                            (iii) by striking ``the developmentally 
                        disabled'' and inserting ``individuals with 
                        developmental disabilities''; and
                    (E) in paragraph (5)--
                            (i) by striking ``Planning'' and inserting 
                        ``Developmental Disabilities''; and
                            (ii) by striking ``or the satellite center 
                        is or will be located'';
            (3) by striking subsections (c) and (d);
            (4) by redesignating subsections (a), (b), and (e) as 
        subsections (b), (c), and (f), respectively;
            (5) by inserting after the section heading the following 
        new subsection:
    ``(a) In General.--No grants may be made under section 152(a) 
unless an application therefor is submitted to, and approved by, the 
Secretary. Such an application shall be submitted in such form and 
manner, and contain such information, as the Secretary may require.'';
            (6) by inserting after subsection (c), as so redesignated 
        by paragraph (4), the following new subsections:
    ``(d) Consumer Advisory Committee.--The Secretary shall only make 
grants under section 152(a) to university affiliated programs that 
establish a consumer advisory committee comprised of individuals with 
developmental disabilities, family members of individuals with 
developmental disabilities, representatives of State protection and 
advocacy systems, State developmental disabilities councils (including 
State service agency directors), local agencies, and private nonprofit 
groups concerned with providing services for individuals with 
developmental disabilities, which may include representatives from 
parent training and information centers.
    ``(e) Federal Share.--
            ``(1) In general.--The Federal share of any project to be 
        provided through grants under this part may not exceed 75 
        percent of the necessary cost of such project, as determined by 
        the Secretary, except that if the project activities or 
        products target individuals with developmental disabilities who 
        live in an urban or rural poverty area, the Federal share may 
        not exceed 90 percent of the project's necessary costs as so 
        determined by the Secretary.
            ``(2) Project expenditures.--For the purpose of determining 
        the Federal share with respect to any project, expenditures on 
        that project by a political subdivision of the State or by a 
        public or private entity shall, subject to such limitations and 
        conditions as the Secretary may by regulation prescribe, be 
        considered to be expenditures made by a university affiliated 
        program under this part.'';
            (7) in subsection (f), as so redesignated by paragraph 
        (4)--
                    (A) by striking ``(f)(1) The Secretary'' and 
                inserting the following:
    ``(f) Peer Review.--
            ``(1) In general.--The Secretary'';
                    (B) in paragraph (1), by striking ``Such peer 
                review'' and all that follows through ``152(b)(1)(D)'';
                    (C) in paragraph (2)--
                            (i) by striking ``(2) Regulations'' and 
                        inserting the following:
            ``(2) Regulations.--Regulations''; and
                            (ii) by striking ``experience or training'' 
                        and inserting ``experience and training'';
                    (D) in paragraph (3), to read as follows:
            ``(3) Approval.--
                    ``(A) In general.--The Secretary may approve an 
                application under this part only if such application 
                has been recommended by a peer review group that has 
                conducted the peer review required under paragraph (1).
                    ``(B) Applicability.--This paragraph shall apply to 
                the approval of grant applications received for fiscal 
                year 1990 and succeeding fiscal years.'';
                    (E) in paragraph (4)--
                            (i) by striking ``(4) The Secretary'' and 
                        inserting the following:
            ``(4) Establishment of peer review groups.--The 
        Secretary''; and
                            (ii) by realigning the margins of 
                        subparagraphs (A) and (B) so as to align with 
                        the margin of subparagraph (A) of paragraph 
                        (3); and
                    (F) in paragraph (5), by striking ``(5) The 
                Secretary'' and inserting the following:
            ``(5) Waivers of approval.--The Secretary''; and
            (8) by adding at the end the following new subsection:
    ``(g) Review by Other Federal Agencies.--The Secretary shall 
establish such a process for the review of applications for grants 
under section 152(a) as will ensure, to the maximum extent feasible, 
that each Federal agency that provides funds for the direct support of 
the applicant's program reviews the application.''.

SEC. 405. GRANT AWARDS.

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

``SEC. 154. PRIORITY FOR GRANT AWARDS.

    ``(a) In General.--In awarding and distributing grant funds under 
this part, the Secretary, subject to the availability of 
appropriations, shall award and distribute grant funds in accordance 
with the following order of priorities:
            ``(1) Existing state university affiliated programs.--First 
        priority shall be given, with respect to the provision of grant 
        awards under section 152(a) in the amount of $200,000, to an 
        existing State university affiliated program that meets the 
        requirements under section 153.
            ``(2) Unserved states.--Second priority shall be given, 
        with respect to the provision of grant awards under section 
        152(a) in the amount of $200,000, to a university or public or 
        nonprofit entity associated with a college or university that 
        desires to establish a university affiliated program in a State 
        that is unserved by a university affiliated program as of the 
        date of enactment of the Developmental Assistance and Bill of 
        Rights Act Amendments of 1993.
            ``(3) Training projects in all university affiliated 
        programs.--Third priority shall be given, with respect to the 
        provision of grant awards, to each university affiliated 
        program that receives funding under section 152(a) and that 
        meets the eligibility limitations under section 152(b) to the 
        establishment of training projects under section 152(b) in the 
        amount of $90,000 in each such program.
            ``(4) Increased funding for training projects.--Fourth 
        priority shall be given, with respect to the provision of grant 
        awards, to the provision of an increase in the amount of a 
        training project grant award under section 152(b) to $100,000.
            ``(5) Increased funding for university affiliated 
        programs.--Fifth priority shall be given, with respect to the 
        provision of grant awards, to the provision of an increase in 
        the amount of a university affiliated program grant award under 
        section 152(a) to $250,000.
            ``(6) Additional training.--Sixth priority shall be given, 
        with respect to the provision of grant awards, to an existing 
        university affiliated program in a State that is served by such 
        program under section 152(a) to provide additional training 
        under subsection (b) or (c) of section 152 within such State or 
        other geographic regions, or to a university or public or 
        nonprofit entity associated with a college or university that 
        desires to establish another university affiliated program 
        within such State under section 152(a). All applications 
        submitted to the Secretary for such grant awards shall document 
        plans for coordinating activities with an existing university 
        affiliated program in the State (if applicable) and in 
        consultation with the State Developmental Disabilities Council.
    ``(b) Additional Programs.--For purposes of making grants under 
subsection (a)(6), the Secretary shall consider applications for grants 
for university affiliated programs--
            ``(1) for States that are currently underserved by a 
        university affiliated program; and
            ``(2) that are in addition to the total number of 
        university affiliated programs receiving grants under this 
        subsection for the preceding fiscal year.
    ``(c) Single Application.--When every State is served by a 
university affiliated program under section 152(a) in the amount of 
$200,000 and every such program has been awarded a training grant under 
section 152(b) in the amount of $90,000, the Secretary may accept 
applications under such sections in a single application.''.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS AND DEFINITION.

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

``SEC. 155. DEFINITION.

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

``SEC. 156. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--For the purpose of making grants under 
subsections (a), (b), (c), and (d) of section 152, there are authorized 
to be appropriated $21,000,000 for fiscal year 1994, and such sums as 
may be necessary for each of the fiscal years 1995 and 1996.
    ``(b) Limitation.--With respect to peer review or other activities 
directly related to peer review, the Secretary may not use--
            ``(1) for fiscal year 1994, more than $300,000 of the funds 
        made available under subsection (a) for such review or such 
        other activities;
            ``(2) for any succeeding fiscal year, more than the amount 
        of the funds made availabe under paragraph (1) adjusted to take 
        into account the increase in the Consumer Price Index for such 
        fiscal year for such review or such other activities.''.

               TITLE V--PROJECTS OF NATIONAL SIGNIFICANCE

SEC. 501. PART HEADING.

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

             ``PART E--PROJECTS OF NATIONAL SIGNIFICANCE''.

SEC. 502. PURPOSE.

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

``SEC. 161. PURPOSE.

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

SEC. 503. GRANT AUTHORITY.

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

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

    (b) Authority.--Section 162 (42 U.S.C. 6082) is amended--
            (1) in subsection (a), to read as follows:
    ``(a) In General.--The Secretary--
            ``(1) shall make grants to and enter into contracts with 
        public or nonprofit private entities for projects of national 
        significance relating to individuals with developmental 
        disabilities to--
                    ``(A) support ongoing data collection on 
                expenditures, residential services and employment, and 
                develop an ongoing data collection system, including 
                data collection on the accomplishments of State 
                Developmental Disabilities Councils, protection and 
                advocacy systems, and university affiliated programs; 
                and
                    ``(B) provide technical assistance (including 
                research, training, and evaluation) that expands or 
                improves the effectiveness of State Developmental 
                Disabilities Councils under part B, protection and 
                advocacy systems under part C, and university 
                affiliated programs under part D, including the 
                evaluation and assessment of the quality of services 
                provided to individuals with developmental disabilities 
                and other activities performed by programs under parts 
                B, C, and D; and
            ``(2) may make grants to and enter into contracts with 
        public or nonprofit private entities for projects of national 
        significance relating to individuals with developmental 
        disabilities to conduct other nationally significant 
        initiatives of sufficient size and scope that hold promise of 
        expanding or otherwise improving opportunities for individuals 
        with developmental disabilities, including--
                    ``(A) conducting research and providing technical 
                assistance to assist States to develop statewide, 
                comprehensive information and referral and service 
                coordination systems for individuals with developmental 
                disabilities and their families and improve supportive 
                living and quality of life opportunities that enhance 
                recreation, leisure, and fitness;
                    ``(B) educating policymakers, including the 
                training of self-advocates and family members of 
                individuals with developmental disabilities;
                    ``(C) pursuing Federal interagency initiatives that 
                enhance the ability of Federal agencies to address the 
                needs of individuals with developmental disabilities 
                and their families; and
                    ``(D) expanding or otherwise improving 
                opportunities for individuals with developmental 
                disabilities who are traditionally unserved or 
                underserved (including individuals of ethnic and racial 
                minority groups, and individuals from underserved 
                geographical areas) including projects to encourage 
                members of such groups to participate in the 
                Developmental Disabilities Programs authorized under 
                parts B, C, and D, and increase the involvement of 
                students and professionals of such groups in the 
                provision of services to, supports to, and advocacy 
                for, individuals with developmental disabilities.'';
            (2) in subsection (b), to read as follows:
    ``(b) Application and Other Grant Requirements.--No grant may be 
made under subsection (a) unless--
            ``(1) an application has been submitted to the Secretary in 
        such form, in such manner, and containing such information as 
        the Secretary shall by regulation prescribe and such 
        application has been approved by the Secretary;
            ``(2) each State in which the applicant's project will be 
        conducted has a State plan approved under section 122;
            ``(3) the application provides assurances that the human 
        rights of all individuals with developmental disabilities 
        (especially those individuals without familial protection) who 
        are receiving services under projects assisted under this part 
        will be protected consistent with section 110 (relating to the 
        rights of individuals with developmental disabilities); and
            ``(4) the Secretary provides to the State Developmental 
        Disabilities Council in such State an opportunity to review the 
        application for such project and to submit its comments on the 
        application.'';
            (3) in subsection (c), by striking ``Not later'' and 
        inserting ``Priorities for Grants.--Not later'';
            (4) in subsection (d)--
                    (A) by striking ``Payments under'' and inserting 
                ``Grant Payments.--Payments under''; and
                    (B) by inserting before the period in the second 
                sentence ``, except as otherwise provided under section 
                163'';
            (5) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively;
            (6) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Investigations.--
            ``(1) In general.--Not later than October 1, 1993, there 
        shall be a special initiative to support grants to investigate 
        the expansion of part B activities to individuals with severe 
        disabilities other than developmental disabilities. Such 
        investigations shall be implemented through the following 
        activities:
                    ``(A) A national study of State Developmental 
                Disabilities Councils that are currently mandated under 
                State law or Executive order to focus on individuals 
                with disabilities other than developmental 
                disabilities. Such study shall be completed not later 
                than June 30, 1995.
                    ``(B) Pilot initiatives by not more than five 
                additional State Developmental Disabilities Councils, 
                in consultation with and with the support of the 
                protection and advocacy system and the university 
                affiliated program in such State, to study the 
                implications of such expansion in States in which such 
                Councils are located and to delineate barriers, 
                opportunities, and critical issues. Such initiatives 
                shall be completed not later than January 1996.
                    ``(C) A national study of the process and outcomes 
                of the pilot studies conducted under subparagraph (B). 
                Such study shall be completed not later than May 30, 
                1996.
            ``(2) Application.--No grant may be made under this 
        subsection unless an applicant submits to the Secretary an 
        application, and meets the additional application requirements, 
        under subsection (c).''; and
            (7) by adding at the end thereof the following new 
        subsection:
    ``(f) List of Recipients.--Not later than September 1 of each 
fiscal year, the Secretary shall publish in the Federal Register a list 
of the recipients of grants and contracts in each of the areas 
authorized in subsections (a) and (b), including a brief description of 
the project, and the amount of funds granted to each such project. The 
amounts for such grants and contracts shall total the amount 
appropriated under this part for such fiscal year.''.

SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

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

            Passed the Senate August 5 (legislative day, June 30), 
      1993.

            Attest:

                                             WALTER J. STEWART,

                                                             Secretary.

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