Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994
PL 103-230 (S.1284), enacted 04/06/1994

108 STAT. 284 
PUBLIC LAW 103-230—APR. 6, 1994 
Public Law 103-230 
103d Congress 
An Act 
Apr. 6, 1994 
[S. 1284] 
Developmental 
Disabilities 
Assistance and 
Bill of Rights 
Act 
Amendments of 
1994. 
42 u s e 6000 
note. 
To amend the Developmental Disabilities Assistance and Bill of Rights Act to 
modify certtdn 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 
£if&liated 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 lights Act Amendments of 1994". 
(b) TABLE OF CONTENTS.—The table of contents is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
TITLE I—GENERAL PROVISIONS 
Sec. 101. Headings and short title. 
Sec. 102. Finding 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. Emplo3rment 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. Coimcils. 
Sec. 206. State allotments. 
Sec. 207. Federal share and non-Federal share. 
Sec. 208. Payments to the States for planning, administration, and services. 
Sec. 209. Withholding of payments for planning, administration, and services. 
Sec. 210. Nonduplication. 
Sec. 211. Appeals by States. 
Sec. 212. Authorization of appropriations. 
Sec. 213. Review, analysis, and report. 
TITLE III—PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS 
WITH DEVELOPMENTAL DISABILITIES 
Sec. 301. Part heading. 
Sec. 302. Purpose. 
Sec. 303. System required. 
Sec. 304. Authorization of appropriations. 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 285 
TITLE IV—UNIVERSITY AFFILIATED PROGRAMS 
Sec. 401. Part heading. 
Sec. 402. Purpose. 
Sec. 403. Grant authority. 
Sec. 404. Applications. 
Sec. 405. Grant awards. 
Sec. 406. Authorization of appropriations and definition. 
TITLE V—PROJECTS OF NATIONAL SIGNIFICANCE 
Sec. 501. Part heading. 
Sec. 502. Purpose. 
Sec. 503. Grant authority. 
Sec. 504. Authorization of appropriations. 
SEC. 
2
. 
REFERENCES. 
Except as otherwise specifically provided, whenever in this 
Act an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
Developmental Disabilities Assistance and Bill of Rights Act (42 
U.S.C. 6000 et seq.). 
TITLE I—GENERAL PROVISIONS 
SEC. 101. HEADINGS AND SHORT TITLE. 
(a) TITLE,—^The heading of title I of the Act is amended to 
read as follows: 
"TITLE I—PROGRAMS FOR INDIVIDUALS 
WITH DEVELOPMENTAL DISABILITIES". 
(b) PART.—^The heading of part A of title I of the Act is amended 
to read as follows: 
"PART A—GENERAL PROVISIONS". 
(c) SHORT TITLE.—Section 100 (42 U.S.C. 6000 note) is 
amended— 
(1) by striking " S E C 100"; and 
(2) in the section heading, by striking "SHORT TITLE" and 
inserting the following new section heading: 
"SEC. 100. SHORT TITLE.". 
SEC. 102. FINDINGS AND PURPOSES. 
Section 101 (42 U.S.C. 6000) is amended to read as follows: 
"SEC. 101. FINDINGS, PURPOSES, AND POLICY. 
"(a) FINDINGS.—^The Congress finds that— 
"(1) in 1993 there are more than 3,000,000 individuals 
with developmentgQ disabilities in the United States; 
"(2) disability is a natural part of the human experience 
that does not diminish the right of individuals with developmen-
tal disabilities to enjoy the opportunity to live indepenaently, 
enjoy self-determination, make choices, contribute to society, 
and experience full integration and inclusion in the economic, 
politicsd, social, cultural, and educational mainstream of Amer-
ican society; 
"(3) individuals with developmental disabilities continually 
encounter various forms of discrimination in critical areas; 
108 STAT. 286 
PUBLIC LAW 103-230—APR. 6, 1994 
"(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 devel-
opmental period frequently have severe disabilities that are 
likely to continue indefinitely; 
"(6) individuals with developmental disabilities 
often 
require hfelong specialized services and assistance, provided 
in a coordinated and culturally competent manner by many 
agencies, professionals, advocates, community representatives, 
and others to eliminate barriers and to meet the needs of 
such individuals and their famihes; 
"(7) a substantial portion of individuals with developmental 
disabilities and their famiUes do not have access to appropriate 
support and services from generic and specialized service sys-
tems and remain unserved or underserved; 
"(8) family members, friends, and members of the commu-
nity can play an important role in enhancing the lives of 
individuals with developmental disabilities, especially when the 
family and community are provided with the necessary services 
and supports; 
"(9) there is a need to ensure that services, supports, and 
other assistance are provided in a cultursdly competent manner, 
that individuals from racial and ethnic minority backgrounds 
are fully included in all activities under this Act, and that 
greater efforts are made to recruit individuals from minority 
backgrounds into the field of developmental disabilities; and 
"(10) the goals of the Nation properly include the goal 
of providing individuals with developmental disabilities with 
the opportunities and support to— 
"(A) make informed choices and decisions; 
"(B) live in homes and communities in which such 
individuals can exercise their full rights and responsibilities 
as citizens; 
"(C) pursue meaningful and productive lives; 
"(D) contribute to their family, community. State, and 
Nation; 
"(E) have interdependent friendships and relationships 
with others; and 
"(F) achieve full integration and inclusion in society, 
in an individugJized manner, consistent with unique 
strengths, resources, priorities, concerns, abilities, and 
capabilities of each individual. 
"(b) PURPOSE.—The purpose of this Act is to assure that individ-
uals with developmental disabilities and their families participate 
in the design of and have access to culturally competent services, 
supports, and other assistance and opportunities that promote 
independence, productivity, and integration and inclusion into the 
community, through— 
"(1) support to State Developmental Disabilities Councils 
in each State to promote, through systemic change, capacity 
building, and advocacy activities that are consistent with the 
policy under subsection (c)(2), a consumer and fEunily-centered, 
comprehensive system, and a coordinated array of services, 
supports, and other assistance for individuals with developmen-
tal disabilities and their families; 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 287 
"(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, £uid the dissemination of informa-
tion 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 affili-
ated programs, and support other nationally significant activi-
ties. 
"(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 
t h a t ^ 
"(1) individuals with developmental disabilities, including 
those with the most severe developmental disabilities, are 
capable of achieving independence, productivity, and integra-
tion and inclusion into the coinmunity, and often require the 
provision of services, supports and other assistance to achieve 
independence, productivity, and integration and inclusion; 
"(2) individuals with developmental disabiUties and their 
families have competencies, capabiUties and personal goals that 
should be recognized, supported, and encouraged, and any 
assistance to such individuals should be provided in an individ-
ualized 
manner, 
consistent 
with 
the 
unique 
strengths, 
resources, priorities, concerns, abilities, and capabiUties of such 
individuals; 
"(3) individuals with developmental disabilities and their 
families are the primary decisionmakers regarding the services 
and supports such individuals and their families receive and 
play decisionmaking roles in policies and programs that affect 
the Uves of such individuals and their families; 
"(4) services, supports, and other assistance are provided 
in a manner that demonstrates respect for individual dignity, 
personal preferences, and cultural differences; 
"(5) specific efforts must be made to ensure that individuals 
from racial and ethnic minority backgrounds enjoy effective 
and meaningful opportunities for full pEuticipation in the devel-
opmental disabilities service system; 
"(6) recruitment efforts within developmental disabilities 
at the level of preservice training, community training, practice, 
administration and policymaking must focus on bringing larger 
numbers of racial and ethnic minorities into the field in order 
to provide appropriate skills, knowledge, role models, and suffi-
cient msuipower to address the growing needs of an increasingly 
diverse population; 
"(7) with education and support, communities can be 
responsive to the needs of individuals with developmental 
disabilities and their families and are enriched by the full 
and active participation and the contributions by individuals 
with developmental disabilities and their families; and 
"(8) individuals with developmental disabilities should have 
access to opportunities and the necessary support to be included 
in community Hfe, have interdependent relationships, Uve in 
108 STAT. 288 
PUBLIC LAW 103-230—APR. 6, 1994 
homes and communities, and make contributions to their fami-
nes, 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: 
'XD AMERICAN INDIAN CONSOFTIUM.—The term 'American 
Indian Consori;ium' 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 prod-
uct system, whether acquired commercially, modified or cus-
tomized, that is used to increase, maintsdn, or improve func-
tional capabilities of individuals with developmental disabil-
ities. 
"(3) ASSISTIVE TECHNOLOGY SERVICE.—The term 'assistive 
technology service' means any service that directly assists an 
individual with a developmental disabiUty 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 evalua-
tion of the individual in the individual's customary environ-
ment; 
"(B) purchasing, leasing, or otherwise providing for 
the acquisition of assistive technology devices by an individ-
ual with a developmental disability; 
"(C) selecting, designing, fitting, customizing, adapting, 
applying, maintaining, repairing or replacing assistive tech-
nology devices; 
(D) coordinating and using other therapies, interven-
tions, or services with assistive technology devices, such 
as those associated with existing education and rehabiUta-
tion plans and programs; 
(E) training or technical assistance for an individual 
with a developmental disabihty, or, where appropriate, a 
family member, guardian, advocate, or authorized rep-
resentative of an individual with a developmental disabil-
ity; and 
"(F) training or technical assistance for professionals 
(including individuals providing education and rehabilita-
tion services), employers, or other individuals who provide 
services to, employ, or are otherwise substantially involved 
in the major life functions of, an individual with devel-
opmental 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 interven-
tion 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 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 289 
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) CfoMMUNlTY SUPPORTS.—The term 'community sup-
ports' 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 commimities accessible and enable commu-
nities to offer their resources and opportunities to individ-
uals with developmental disabilities and their families. 
Such term includes community education, personal assistance 
services, vehicular and home modifications, support at work, 
and transportation. 
"(7) CULTURALLY COMPETENT.—The term 'culturally com-
petent' means services, supports or other assistance that are 
conducted or provided in a manner that is responsive to the 
beliefs, interpersonal styles, attitudes, language and behaviors 
of individuals who are receiving services, and in a manner 
that has the greatest likelihood of ensuring their maximum 
participation in the program. 
"(8) DEVELOPMENTAL DISABILITY.—The term 'developmental 
disabiUty' 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 msyor Hfe 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 serv-
ices, supports, or other assistance that is of lifelong or 
extended duration and is individually planned and coordi-
nated, 
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 devel-
opmental disabilities if services are not provided. 
"(9) EARLY INTERVENTION SERVICES.—The term 'early inter-
vention 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 
/ 
108 STAT. 290 
PUBLIC LAW 103-230—APR. 6, 1994 
"(B) enhance the capacity of families to meet the special 
needs of their infants, toddlers, and young children. 
"(10) EMPLOYMENT ACTIVITIES.—The term 'employment 
activities' means such priority area activities as will increase 
the independence, productivity, and integration and inclusion 
into the community of individuals with developmental disabil-
ities in work settings. 
"(11) FAMILY SUPPORT SERVICE.—The term 'family support 
service' means services, supports, and other assistance provided 
to families with members with developmental disabilities that 
are designed to— 
"(A) strengthen the famil3r's role as primary caregiver; 
"(B) prevent inappropriate out-of-the-home placement 
and maintain family unity; and 
"(C) reunite families with members who have been 
placed out of the home, whenever possible. 
Such term includes respite care, rehabilitation technology, per-
sonal assistance services, parent training and counseling, sup-
port for elderly parents, vehicular and home modifications, 
and assistance with extraordinary expenses associated with 
the needs of individuals with developmental disabilities. 
"(12) FEDERAL PRIORITY AREAS.—The term 'Federal priority 
areas' means community living activities, employment activi-
ties, child development activities, and system coordination and 
community education activities. 
"(13) INDEPENDENCE.—^The term 'independence' means the 
extent to which individuals with developmental disabilities 
exert control and choice over their own lives. 
"(14) INDIVIDUAL SUPPORTS.—The term 'individual supports' 
means services, supports, and other assistance that enable 
an individual with a developmental disability to be independ-
ent, 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 commimity. 
Such term includes personal assistance services, rehabilitation 
technology, vehicular and home modifications, support at work, 
and transportation. 
"(15) INTEGRATION AND INCLUSION.—The term 'integration 
and inclusion', with respect to individuals with developmental 
disabilities, means— 
"(A) the use by individuals with developmental disabil-
ities of the same conmiunity 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. 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 291 
working, and enjoying life in regular contact with citizens 
without disabilities; and 
"(D) having friendships and relationships with individ-
uals and families of their own choosing. 
"(16) NONPROFIT.—^The term 'nonprofit' means an agency, 
institution, or organization that is owned or operated by one 
or more corporations or associations, no part of the net earnings 
of which inures, or may lawfully inure, to the benefit of any 
private shareholder or individual. 
"(17) OTHER ORGANIZATIONS.—The term 'other organiza-
tions' means those organizations that are not State agencies 
or nonprofit agencies, except such organizations may be consult-
ing firms, independent proprietary businesses and providers, 
and local community groups not organizationally incorporated, 
and that are interested in supporting individuals with devel-
opmental disabilities. 
"(18) PERSONAL ASSISTANCE SERVICES.—The term 'personal 
assistance services' means a range of services, provided bv 
one or more individuals, designed to assist an individual witn 
a disability to perform daily living activities on or off a job 
that such individual would typically perform if such individual 
did not have a disability. Such services shall be designed to 
increase such individual's control in life and ability to perform 
everyday activities on or off" such job. 
"(19) PREVENTION.—^The term 'prevention' means activities 
that address the causes of developmental disabilities and the 
exacerbation of functional limitations, such as activities that— 
"(A) eliminate or reduce the factors that cause or pre-
dispose individuals to developmental disabilities or that 
increase the prevalence of developmental disabilities; 
"(B) increase the early identification of existing prob-
lems to eliminate circumstances that create or increase 
functional Umitations; and 
"(C) mitigate against the effects of developmental 
disabiUties throughout the individual's Ufespan. 
"(20) PRODUCTIVITY.—The term 'productivity* means— 
"(A) engagement in income-producing work that is 
measured by increased income, improved employment sta-
tus, or job advancement; or 
"(B) engagement in work that contributes to a house-
hold or community. 
"(21) 
PROTECTION AND ADVOCACY SYSTEM.—The term 
'protection and advocacy system' means a protection and 
advocacy system established in accordance with section 142. 
"(22) REHABILITATION TECHNOLOGY.—The term 'rehabilita-
tion technology means the systematic application of tech-
nologies, engineering methodologies, or scientific principles to 
meet the needs of, and address the barriers confronted by, 
individuals with developmental disabilities in areas that include 
education, 
rehabilitation, 
employment, 
transportation, 
independent 
living, and 
recreation. 
Such term 
includes 
rehabilitation engineering, assistive technology devices, and 
assistive technology services. 
"(23) SECRETARY.—The term 'Secretary* means the Sec-
retary of Health and Human Services. 
"(24) SERVICE COORDINATION ACTIVITIES.—^The term 'service 
coordination activities' (also referred to as 'case management 
108 STAT. 292 
PUBLIC LAW 103-230—APR. 6, 1994 
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, sup-
ports, and other assistance, which may include faciUtating 
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 accountabil-
ity of such assistance; and 
"(D) follow-along services that ensure, through a 
continuing relationship, that the changing needs of individ-
uals with developmental disabilities and their families are 
^ 
recognized and appropriately met. 
"(25) STATE.—^The term 'State', except as provided in section 
155, includes, in addition to each of the severed States of 
the United States, the District of Columbia, the Commonwealth 
' ' . . - ' 
of Puerto Rico, the United States Virgin Islands, Guam, Amer-
ican Samoa, the Commonwealth of the Northern Mariana 
Islands, and the Republic of Palau (until the Compact of Free 
i Association with Palau takes effect). 
"(26) 
STATE DEVELOPMENTAL DISABILITIES COUNCIL.—The 
term'State Developmental Disabilities Council'means a Coun-
cil established under section 124. 
"(27) STATE PRIORITY AREA.—^The term 'State priority area' 
means priority area activities in an area considered essential 
• by the State Developmental Disabilities Council. 
"(28) 
SUPPORTED 
EMPLOYMENT.—The term 
'supported 
emplojmient' means competitive work in integrated work set-
tings for individuals with developmental disabilities— 
"(A)(i) for whom competitive emplojonent has not 
traditionally occurred; or 
"(ii) for whom competitive emplojmaent has been inter-
rupted or intermittent as a result of a severe disability; 
and 
"(B) who, because of the nature and severity of their 
disability, need intensive supported employment services 
or extended services in order to perform such work. 
"(29) 
SYSTEM COORDINATION AND COMMUNITY EDUCATION 
ACTIVITIES.—^The term 'system coordination and community 
education activities' means activities that— 
"(A) eliminate barriers to access and eligibility for serv-
ices, 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 sys-
tems; 
"(C) enhance individual, family, and citizen participa-
tion and involvement; and 
"(D) develop and support coalitions and individuals 
through training in self-advocacy, educating policymakers, 
and citizen leadership skills. 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 293 
"(30) UNIVERSITY AFFILIATED PROGRAM.—The term 'univer-
sity affiliated program' means a university affiliated program 
established under section 152. 
"(31) UNSERVED AND UNDERSERVED.—The term 'unserved 
and underserved' includes populations such as individuals from 
racial and ethnic minority backgrounds, disadvantaged individ-
uals, individuals with limited-English proficiency, individuals 
fi*om underserved geographic areas (rural or urban), and spe-
cific groups of individuals within the population of individuals 
with developmental disabilities, including individuals with 
developmental disabilities attributable to physical impairment, 
mental impairment, or a combination of physical and mental 
impairments.". 
SEC. 104. FEDERAL SHARE. 
Section 103 (42 U.S.C. 6002) is repealed. 
SEC. 105. RECORDS AND AUDITS. 
(a) SECTION HEADING.—Section 104 (42 U.S.C. 6003) is 
amended— 
(1) by striking "SEC. 104."; and 
(2) in the section heading, by striking "RECORDS AND AUDIT" 
and inserting the following new section heading: 
"SEC. 104. RECORDS AND AUDITS.". 
(b) RECORDS AND AUDITS.—Section 104 (42 U.S.C. 6003) is 
amended— 
(1) in subsection (a)— 
(A) by striking "Each" and inserting "RECORDS.—Each"; 
(B) by striking "including" and inserting "including—"; 
(C) by realigning the margins of subparagraphs (A), 
(B), and (C) of paragraph (1) so as to align with the margins 
of subparagraphs (A) and (B) of paragraph (28) of section 
102; 
(D) by realigning the margins of paragraphs (1) and 
(2) so as to align with the margin of paragraph (30) of 
section 102; 
(E) in paragraph (1), by striking "disclose" and insert-
ing "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 insert-
ing "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 " S E C 106."; 
(2) in the section heading, by striking "STATE CONTROL 
OF OPERATIONS" and inserting the following new section head-
ing: 
"SEC. 106. STATE CONTROL OF OPERATIONS."; 
and 
(3) by striking "facility for persons" and inserting "pro-
grams, services, and supports for individuals". 
108 STAT. 294 
PUBLIC LAW 103-230—APR. 6, 1994 
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 insert-
ing 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 "DEVEL-
OPMENTAL DISABILITIES COUNCIL REPORTS.—By Janu-
ary"; 
(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 insert-
ing "accomplishments"; and 
(ii) by striking "by the State"; 
(D) in paragraph (4)— 
(i) by striking "Planning" and inserting "Devel-
opmental Disabilities"; 
(ii) by striking "each" each place such term 
appears; 
(iii) by striking "report" and inserting "reports"; 
(iv) by striking "1902(a)(31XC)" and inserting 
"1902(a)(31)"; 
(v) by striking "plan" and inserting "plans"; and 
(vi) by striking "; and" and inserting a semicolon; 
(E) by striking paragraph (5); and 
(F) by adding at the end the following new paragraphs: 
"(5) a description of— 
"(A) the trends and progress made in the State concern-
ing systemic change (including policy reform), capacity 
building, advocacy, and other actions on behalf of individ-
uals with developmental disabilities, with attention to 
individuals who are traditionally unserved and under-
served, particularly individuals who are members of ethnic 
and racial minority groups, and individuals from under-
served geographic areas; 
"(B) systemic change, capacity building, and advocacy 
activities that affect individuals with disabilities other than 
developmental disabilities; and 
"(U) 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 DisabiHties Coun-
cil actions; and 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 295 
"(7) a description of the method by which the State Devel-
opmental 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 "PROTEC-
TION AND ADVOCACY SYSTEM REPORTS.—By January"; and 
(B) by inserting before the period ", including a descrip-
tion of the system's priorities for such fiscal year, the 
process used to obtain public input, the nature of such 
input, and how such input was used"; and 
(3) in subsection (c)— 
(A) by realigning the margins of subparagraphs (A) 
and (B) of paragraph (1) so as to align with the margins 
of subparagraph (C) of such paragraph; 
(B) by realigning the margins of paragraphs (1) and 
(2) so as to align with the margin of paragraph (1) of 
subsection (a); 
(C) by striking the subsection designation and inserting 
"(c) SECRETARY REPORTS.—"\ 
(D) by striking "(1) By" and inserting the following: 
"(1) IN GENERAL.—By"; 
(E) in paragraph (1)— 
(i) in subparagraph (B)— 
(i) by striking "integration" each place such 
term appears and inserting "integration and inclu-
sion"; 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 atten-
tion to individuals who are traditionally imserved and 
underserved, particularly individuals who are members of 
ethnic and racial minority groups, and individuals from 
underserved geographic areas; 
"(ii) systemic change, capacity building, and advocacy 
activities that affect individuals with disabilities other than 
developmental disabilities; and 
"(iii) a summary of actions taken to improve access 
and services for unserved and underserved groups;"; and 
(iii) in subparagraph (D), by striking "persons" 
and inserting "individuals"; and 
(F) in paragraph (2)— 
(i) by striking "use and include" and inserting 
"include and analyze"; 
(ii) by striking "to the Secretar}^"; and 
(iii) by striking "In preparing" and inserting 
"INCLUSION OF COUNCIL AND SYSTEM INFORMATION.— 
In preparing". 
79-194 0—95—11 : QL 3 Part 1 
108 STAT. 296 
PUBLIC LAW 103-230—APR. 6, 1994 
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 insert-
ing "REGULATIONS.—The Secretary"; and 
(2) in subsection (b)— 
(A) by striking "Within ninety" and inserting "INTER-
AGENCY COMMITTEE.—Within 90"; and 
(B) by striking "Administration for Developmental 
Disabilities" and inserting "Administration on Developmen-
tal 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 DISABILmES.". 
(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 
emplojnnent— 
"(1) by State rehabilitation agencies Eind 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 DISABIL-
ITIES.". 
(b) RIGHTS.—Section 110 (42 U.S.C. 6009) is amended— 
(1) in the matter preceding paragraph (1) by striking "per-
sons" 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"; 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 297 
(B) by striking "the person" and inserting "the individ-
ual"; and 
(C) by striking "the person's" and inserting "the 
individual's"; 
(4) in paragraph (3), by striking "persons" each place such 
term appears and inserting "individuals"; 
(5) in paragraph (4), by striking "persons" each place such 
term appears and inserting "individuals"; and 
(6) in the matter following subparagraph (C) of paragraph 
(4), by striking "persons" each place such term appears and 
inserting "individuals". 
TITLE II—FEDERAL ASSISTANCE FOR 
PRIORITY AREA ACTIVITIES FOR IN-
DIVIDUALS WITH DEVELOPMENTAL 
DISABILITIES 
SEC. 201. PART HEADING. 
The heading of Part B of title I of the Act is amended to 
read as follows: 
"PART B—FEDERAL ASSISTANCE TO STATE 
DEVELOPMENTAL DISABILITIES COUNCILS". 
SEC. 202. PURPOSE. 
Section 121 (42 U.S.C. 6021) is amended to read as follows: 
"SEC. 121. PURPOSE. 
"The purpose of this part is to provide for allotments to support 
State Developmental Disabilities Councils in each State to promote, 
through systemic change, capacity building, and advocacy activities 
that are consistent with the policy under section 101(c)(2), the 
development of a consumer and family-centered, comprehensive 
system and a coordinated array of culturally competent services, 
supports, and other assistance designed to achieve independence, 
productivity, and integration and inclusion into the community 
for individuals with developmental disabilities.". 
SEC. 203. STATE PLANS. 
Section 122 (42 U.S.C. 6022) is amended to read as follows: 
"SEC. 122. STATE PLAN. 
"(a) IN GENERAL.—^Any State desiring to take advantage of 
this part shall have a State plan submitted to, and approved by, 
the Secretary under this section. 
"(b) PLANNING CYCLE.—^The plan under subsection (a) shall 
be reviewed annually and revised at least once every 3 years. 
"(c) STATE PLAN REQUIREMENTS.—In order to be approved by 
the Secretary under this section, a State plan shall meet the require-
ments 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. 
108 STAT. 298 
PUBLIC LAW 103-230—APR. 6, 1994 
"(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 £uid analysis shall 
include— 
"(A) a description of the services, supports and other 
assistance being provided to, or to be provided to, individ-
uals 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, medi-
cal 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 men-
tal 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 pur-
sue intei*agency initiatives to improve and enhance serv-
ices, 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 individ-
uals 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 serv-
ices, including specialized services and special adapta-
tion of generic services provided by agencies within 
the State, that may exclude individuals with devel-
opmental disabilities from receiving such services; 
"(iii) an analysis of the barriers that impede full 
participation of members of unserved and underserved 
groups; 
(iv) consideration of the report conducted pursu-
ant to section 124(e); 
"(v) consideration of the data collected by the State 
educational agency under section 618 of the Individuals 
with Disabilities Education Act; 
"(vi) an analysis of services, assistive technology, 
or knowledge that may be unavailable to assist individ-
uals with developmental disabilities; 
"(vii) an analysis of existing and projected fiscal 
resources; 
"(viii) an analysis of any other issues identified 
by the State Developmental Disabilities Council; and 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 299 
*'(ix) the formulation of objectives in systemic 
change, capacity building, and advocacy to address the 
issues described in clauses (i) through (vi) for all sub-
populations of individuals Avith developmental disabil-
ities 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, activi-
ties, and resources by which the State Developmental 
Disabilities Council will implement its systemic change, 
capacity building, and advocacy activities in selected prior-
ity 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 disabil-
ities in various political subdivisions of the State; 
"(ii) such funds will be used to supplement and 
to increase the level of fiuids 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 assistsince 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 avail-
able to the State under section 125 shall be expended 
108 STAT. 300 
PUBLIC LAW 103-230—APR. 6, 1994 
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 (Eifter 
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 responsibil-
ities 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 Coun-
cil 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 finan-
cial 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 tech-
nical 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 apphcable 
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, abiU-
ties, and capabilities of an individual. 
"(G) HUMAN RIGHTS.—The plan shall provide assur-
ances that the human rights of all individuals with devel-
opmental disabilities (especially those individuals without 
familial protection) who are receiving services under pro-
grams 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 Stete 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 assur-
ances that the State will provide the State Developmental 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 301 
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 £uiy intermediate care facility for the men-
tally 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 vol-
untary 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 deter-
mined by the Secretary after consultation with the Sec-
retary 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 employ-
ees. 
"(L) STAFF ASSIGNMENTS.—^The plan shall provide 
assurances that the steiff and other personnel of the State 
Developmental Disabilities Council, while working for the 
Council, are responsible solely for assisting the Council 
in carr)dng 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 chsmge, capac-
ity building, emd advocacy activities, budget, personnel. 
State plan development, or plan implementation of the 
State Developmental Disabilities Council, except that the 
designated State agency shall have the authority necessary 
to carry out the responsibilities described in section 
124(d)(3). 
"(N) OTHER ASSURANCES.—^The plan shall contain such 
additional information and assurances as the Secretary 
may find necessary to carry out the provisions and purposes 
of this part. 
"(d) PUBLIC REVIEW, SUBMISSION, AND APPROVAL.— 
"(1) PUBLIC REVIEW.—^The plan shall be made available Regulations. 
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 Devel-
opmental 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 
108 STAT. 302 
PUBLIC LAW 103-230—APR. 6, 1994 
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 DES-
IGNATED STATE AGENCIES. 
"(a) IN GENERAL.—Each State that receives assistance under 
this part shall establish and maintain a State Developmental 
Disabilities Council (hereafter in this section referred to as the 
'Council') to promote, through systemic change, capacity building, 
and advocacy activities (consistent wdth section 101(c)(2)), the devel-
opment of a consumer and family-centered comprehensive system 
and a coordinated array of culturally competent services, supports 
and other assistance designed to achieve independence, productivity, 
and integration and inclusion into the community for individuals 
with developmental disabilities. The Council shall have the author-
ity 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 Grovernor of the State 
from among the residents of that State. The Grovemor shall 
select members of the Council, at his or her discretion, after 
soliciting recommendations from organizations representing a 
broad range of individuals with developmental disabilities and 
individuals 
interested in individuals with 
developmental 
disabilities, including the non-State agency members of the 
Council. The Council may, at the request of the (jovemor, 
coordinate Council and public input to the Governor regarding 
all recommendations. To the extent feasible, the membership 
of the Council shall be geographically representative of the 
State and reflect the diversity of the State with respect to 
race and ethnicity. 
"(2) MEMBERSHIP ROTATION.—The Governor shall make 
appropriate provisions to rotate the membership of the Council. 
Such provisions shall allow members to continue to serve on 
the Council until such members' successors are appointed. The 
Council shall notify the Governor regarding membership 
requirements, when vacancies remgiin 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), institu-
tions 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 agen-
cies, nongovernmental agencies, and private nonprofit groups 
concerned with services for individuals with developmental 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 303 
disabilities in the State in which such agencies and groups 
are located. Such representatives shall— 
"(A) have sufficient authority to engage in policy plan-
ning 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 com-
ply with the conflict of interest policies required under 
section 122(c)(5)(C). 
"(4) REPRESENTATION OF INDIVIDUALS WITH DEVELOPMEN-
TAL 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 developmen-
tal 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 para-
graph (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 devel-
opmental disabilities as described in paragraph (4)(A)(ii), 
and immediate relatives or guardians of adults with men-
tally impairing developmental disabilities as described in 
paragraph (4)(A)(iii); and 
"(C) one-third shall be a combination of individuals 
described in paragraph (4)(A). 
"(6) INSTITUTIONALIZED INDIVIDUALS.—Of the members of 
the Council described in paragraph (5), at least one shall be 
an immediate relative or guardian of an institutionalized or 
previously institutionalized individual with a developmental 
disability or an individual with a developmental disability who 
resides or previously resided in an institution. This paragraph 
shall not apply with respect to a State if such an individual 
does not reside in that State. 
"(c) COUNCIL RESPONSIBILITIES.—^A Council, through Council 
members, staff, consultants, contractors, or subgrantees, shall have 
the responsibilities described in paragraphs (1) through (11). 
"(1) SYSTEMIC CHANGE, CAPACITY BUILDING, AND ADVOCACY 
ACTIVITIES.—The Council shall serve as an advocate for individ-
uals 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 
108 STAT. 304 
PUBLIC LAW 103-230—APR. 6, 1994 
for individuals with developmental disabilities and their fami-
lies, 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 emplo3nnent, 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 Coun-
cil may conduct, on a time-limited basis, the demonstration 
of new approaches to enhance the independence, productiv-
ity, and integration and inclusion into the community of 
individuals with developmental disabilities. This may 
include mEiking successful demonstrations generally avail-
able through sources of funding other than funding under 
this part, and may also include assisting those conducting 
such successful demonstration activities to develop strate-
gies for securing funding from other sources. 
"(B) OUTREACH.—^The Council may conduct activities 
to reach out to assist and enable individuals with devel-
opmental 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 serv-
ices. 
"(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 fami-
lies. To the extent that training activities are provided, 
such 
activities 
shall be designed to promote the 
empowerment of individuals with developmental disabil-
ities 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 COORDINA-
TION.—The Council may promote interagency collaboration 
and coordination to better serve, support, assist, or advo-
cate for individuals with developmental disabilities and 
their families. 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 305 
"(F) COORDINATION WITH RELATED COUNCILS, COMMIT-
TEES, AND PROGRAMS.—The Council may conduct activities 
to enhance coordination with— 
"(i) other councils or committees, authorized by 
Federal or State law, concerning individuals with 
disabilities (such as the State Interagency Coordinating 
Council under part H of the Individuals with Disabil-
ities Education Act, the State Rehabilitation Advisory 
Council and the Statewide Independ-^nt 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 CITI-
ZEN PARTICIPATION.—^The Council may conduct activities 
to eliminate barriers, enhance systems design and redesign, 
and enhance citizen participation to address issues identi-
fied in the State plan. 
"(H) PUBLIC 
EDUCATION AND COALITION DEVELOP-
MENT.—^The Council may conduct activities to educate the 
public about the capabilities, preferences, and needs of 
individuals with developmental disabilities and their fami-
lies and to develop and support coalitions that support 
the policy agenda of the Council, including training in 
self-advocacy, educating policjnnakers, and citizen leader-
ship skills. 
"(I) INFORMING POLICYMAKERS.—The Council may pro-
vide 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 devel-
opmental disabilities and their families by conducting 
studies and analyses, gathering information, and develop-
ing and disseminating model policies and procedures, 
information, approaches, strategies, findings, conclusions, 
and recommendations. 
"(J) PREVENTION.—The Council may conduct preven-
tion activities as defined in section 102. 
"(K) OTHER ACTIVITIES.—The Council may conduct 
other systemic change, capacity building, and advocacy 
activities to promote the development of a consumer and 
family-centered comprehensive system and a coordinated 
array of culturally competent services, supports and other 
assistance designed to achieve independence, productivity, 
and integration and inclusion into the community of 
individuals with developmental disabilities throughout the 
State on a comprehensive basis. 
108 STAT. 306 
PUBLIC LAW 103-230—APR. 6, 1994 
"(5) STATE PLAN MONITORING.—^Not less than once each 
year, the Council shall monitor, review, and evaluate the 
implementation and effectiveness of the State plan in meeting 
such plan's objectives. 
"(6) REVIEW OF DESIGNATED STATE AGENCY.—The Council 
shall periodically review the designated State agency with 
respect to the activities carried out under this Act and make 
any recommendations for change to the Governor, 
"(7) REPORTS.—The Council shall submit to the Secretary, 
through the Governor, periodic reports on its activities as the 
Secretary may reasonably request, and keep such records and 
afford such access thereto as the Secretary finds necessary 
to verify such reports. 
"(8) BUDGET.—Each Council shall prepare, approve, and 
implement a budget using amounts paid to the State under 
this part to fund and implement all programs, projects, and 
activities under this part including— 
"(A) conducting such hearings and forums as the Coun-
cil 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 Coun-
cil meetings and performing Council duties (including child 
care and personal assistance services), paying compensa-
tion 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 devel-
opment, and appropriate subcontracting activities; 
"(B) hiring and maintaining sufficient numbers and 
t3npes of staff (qualified by training and experience) and 
obtaining the services of such professional, consulting, tech-
nical, and clerical personnel (qualified by training and 
experience), consistent with State law, as the Council deter-
mines to be necessary to carry out its functions under 
this part, except that such State shall not apply hiring 
freezes, reductions in force, prohibitions on staff travel, 
or other policies, to the extent that such policies would 
impact staff or fiuictions funded with Federal funds and 
would prevent the Council from carrying out its functions 
under this Act; and 
"(C) directing the expenditure of funds for grants, con-
tracts, 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 consist-
ent with Federal gmd State nondiscrimination laws. Dismissal 
of personnel shall be consistent with State law and personnel 
policies. 
"(10) STAFF ASSIGNMENTS.—The staff and other personnel, 
while working for the Council, shall be responsible solely for 
assisting the Council in carrying out its duties under this 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 307 
part and shall not be assigned duties by the designated State 
agency or any other agency or office of the State. 
"(11) CONSTRUCTION.— 
"(A) ACTIVITIES OF THE COUNCIL.—Nothing in this part 
shall be construed to preclude a Council from engaging 
in systemic change, capacity building, and advocacy activi-
ties for individuals with disabilities other than developmen-
tal disabilities, where appropriate. 
"(B) AUTHORITY OF THE COUNCIL.—^Nothing in this Act 
shall be construed to authorize a Council to direct, control, 
or exercise any policymaking authority or administrative 
authority over any program assisted under the Rehabilita-
tion Act of 1973 (29 U.S.C. 701 et seq.) and the Individuals 
with Disabihties Education Act (20 U.S.C. 1400 et seq.). 
"(d) DESIGNATED STATE AGENCY.— 
"(1) IN GENERAL.—Each State that receives assistance 
under this part shall designate the State agency that shall, 
on behalf of the State, provide support to the Council. After 
the date of enactment of the Developmental Disabilities Assist-
ance and Bill of Rights Act Amendments of 1994, any designa-
tion 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 sub-
section, the designated State agency shall be— 
"(i) the Council if such Council may be the des-
ignated 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 devel-
opmental 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 enact-
ment of the Developmental Disabilities Assistance and 
Bill of Rights Act Amendments of 1994, and the Grov-
ernor 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 des-
ignated State agency for purposes of this part. 
"(ii) CRITERIA FOR CONTINUED DESIGNATION.—The 
determination at the discretion of the Governor (or 
legislature as the case may be) shall be made after 
the Governor has considered the comments and rec-
ommendations of the general public and a majoritv 
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 
108 STAT. 308 
PUBLIC LAW 103-230—APR. 6, 1994 
as an advocate for individueds with developmental 
disabilities. 
"(C) REVIEW OF DESIGNATION.—After April 1, 1994, 
the Council may request a review of the designation of 
the designated State agency by the Governor (or legislature 
as the case may be). The Council shedl provide documenta-
tion concerning the reason the Coxmcil 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 com-
gleted under subparagraph (C), a majority of the non-
tate agency members of the CJouncil 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 des-
ignated 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 
pgdd to the State under this part. 
"(C) RECORDS, ACCESS, AND FINANCL\L 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 Coun-
cil delineating the roles and responsibilities of the des-
ignated State agency. 
"(4) USE OF FUNDS FOR DESIGNATED STATE AGENCY RESPON-
SIBILITIES.— 
"(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 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 309 
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 func-
tions 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 respon-
sibilities from such sources during the previous fiscal year, 
except in such year as the Council may become the des-
ignated State agency. 
"(C) 
SUPPORT SERVICES PROVIDED BY OTHER AGEN-
CIES.—^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 Coun-
cil shall complete the reviews, analyses, and final repr»rt described 
in this section. 
"(1) COMPREHENSIVE REVIEW AND ANALYSIS.—jSach Council 
shall conduct a comprehensive review and analysis of the eligi-
bility for services provided, and the extent, scope, and effective-
ness 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 attrib-
utable to physical impairment, mental impairment, or a com-
bination 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 pro-
vided 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 provid-
ing 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 devel-
opmental disabilities receiving services from each such agency, 
and if appropriate, shall include such individuals' families. 
"(3) PUBLIC REVIEW AND COMMENT.—Each Council shall 
convene public forums, after the provision of notice within 
the State, in order to— 
"(A) present the findings of the reviews and analyses 
prepared under paragraphs (1) and (2); 
"(B) obtain comments from all interested individuals 
in the State regarding the unserved and underserved popu-
lations of individuals with developmental disabilities that 
108 STAT. 310 
PUBLIC LAW 103-230—APR. 6, 1994 
result from physical impairment, mental impairment, or 
a combination of physical and mental impairments; and 
"(C) obtain comments on any proposed recommenda-
tions concerning the removal of barriers to services for 
individuals with developmental disabilities £uid to connect 
such services to existing State agencies by recommending 
the designation of one or more State agencies, as appro-
priate, to be responsible for the provision and coordination 
of such services. 
"(4) BASIS FOR STATE PLAN.—^Each Council shall utilize 
the information developed pursuant to paragraphs (1), (2), and 
(3) in developing the State plan.". 
SEC. 206. STATE ALLOTMENTS. 
(a) SECTION HEADING.—Section 125 (42 U.S.C. 6025) is 
amended— 
(1) by striking "SEC. 125."; and 
(2) in the section heading, by striking "STATE ALLOTMENTS" 
and inserting the following new section heading: 
"SEC 125. STATE ALLOTMENTS.". 
(b) ALLOTMENTS.—Section 125 (42 U.S.C. 6025) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by realigning the margins of subparagraphs 
(A), (B), and (C) so as to align with the margin of 
subparagraph (A) of paragraph (4); and 
(ii) by realigning the margin of the matter follow-
ing subparagraph (C) so as to align with the margin 
of paragraph (3); 
(B) by striking "(a)(1) For" and inserting the following: 
"(a) ALLOTMENTS.— 
"(1) IN GENERAL.—For"; 
(C) in paragraph (2)— 
(i) by striking "(2) Adjustments" and inserting the 
following: 
"(2) ADJUSTMENTS.—Adjustments"; 
(ii) by striking "may be" and inserting "shall be"; 
and 
(iii) by striking "not less" and inserting "and the 
percentage of the total appropriation for each State 
not less"; 
(D) in paragraph (3)— 
(i) by striking "(3)(A) Except" and all that follows 
through "September 30, 1990. and inserting the fol-
lowing: 
"(3) MINIMUM ALLOTMENT FOR APPROPRIATIONS LESS THAN 
OR EQUAL TO $75,000,000.— 
"(A) IN GENERAL.—Except as provided in paragraph 
(4), for any fiscal year the allotment under this section— 
"(i) to each of American Samoa, Guam, the United 
States Virgin Islands, the Commonwealth of the North-
em Mariana Islands, or the Republic of Palau (until 
the Compact of Free Association with Palau teikes 
effect) may not be less thgui the greater of— 
"(I) $210,000; or 
"(II) the greater of the allotment received by 
such State for fisced year 1992, or the allotment 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 311 
received by such State for fiscal year 1993, under 
this section (determined without regard to sub-
section (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 sub-
section (d))."; and 
(ii) by striking "(B) Notwithstanding" and inserting 
the following: 
"(B) REDUCTION OF ALLOTMENT.—Notwithstanding"; 
(E) in paragraph (4), to read as follows: 
"(4) MINIMUM ALLOTMENT FOR APPROPRIATIONS IN EXCESS 
OF $75,000,000.— 
"(A) IN GENERAL.—In any case in which amounts 
appropriated under section 130 for a fiscal year exceeds 
$75,000,000, the allotment under this section for such fiscal 
year— 
"(i) to each of American Samoa, Guam, the United 
States Virgin Islands, the Commonwealth of the North-
em 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, br the allotment 
received by such State for fiscal year 1993, under 
this section (determined without regard to sub-
section (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 sub-
section (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 insert-
ing "UNOBLIGATED FUNDS.—^Any amount"; 
108 STAT. 312 
PUBLIC LAW 103-230—APR. 6, 1994 
(3) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; 
(4) by inserting after subsection (b) the following new sub-
section: 
"(c) OBLIGATION OF FUNDS.—For the purposes of this part, 
State Interagency Agreements are considered valid obligations for 
the purpose of obligating Federal funds allotted to the State under 
this part."; 
(5) in subsection (d) (as redesignated by paragraph (3)), 
by striking "Whenever" and inserting "COOPERATIVE EFFORTS 
BETWEEN STATES.—Whenever"; and 
(6) in subsection (e) (as redesignated by paragraph (3)), 
by striking "The amount" and inserting "REALLOTMENTS.—^The 
amount". 
SEC. 207. FEDERAL SHARE AND NON-FEDERAL SHARE. 
Part B of title I of the Act is amended by inserting after 
section 125 (42 U.S.C. 6025) the following new section: 
42 use 6025a. 
"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 Sec-
retary; 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 activi-
ties. 
"(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, tne 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 activi-
ties 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 
P U B L I C L A W 103-230—APR. 6, 1994 
108 STAT. 313 
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 O F 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, ADMINISTRA-
TION, AND SERVICES. 
Section 126 (42 U.S.C. 6026) is amended— 
(1) by striking " S E C . 126." and inserting "(a) STATE PLAN 
EXPENDITURES.—^"; 
(2) in the section heading, by striking "PAYMENTS TO THE 
STATES FOR PLANNING, ADMINISTRATION AND SERVICES" and 
inserting the following new section heading: 
"SEC. 126. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRA-
TION, AND SERVICES."; 
and 
(3) by adding at the end the following new subsection: 
"(b) SUPPORT SERVICES.—Payments to States for support serv-
ices 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, ADMINISTRA-
TION, AND SERVICES. 
Section 127 (42 U.S.C. 6027) is amended— 
(1) in the matter preceding paragraph (1), by striking " S E C 
127."; 
(2) in the section heading by striking "WITHHOLDING OF 
PAYMENTS FOR PLANNING, ADMINISTRATION AND SERVICES" and 
inserting the following new section heading: 
"SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINIS-
TRATION, 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 " S E C 129."; and 
(2) in the section heading, by striking "APPEALS BY STATES" 
and inserting the following new section heading: 
"SEC. 129. APPEALS BY STATES.". 
SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 
Section 
130 (42 U.S.C. 
6030) is amended 
by 
striking 
"$77,400,000" and all that follows and inserting the following: 
"$70,000,000 for fiscal year 1994, and such sums as may be nec-
essary for each of the fiscal years 1995 and 1996.". 
SEC. 213. REVIEW, ANALYSIS, AND REPORT. 
42 USC 6025 
(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 
108 STAT. 314 
PUBLIC LAW 103-230—APR. 6, 1994 
Disabilities Assistance and Bill of Rights Act prior to the date 
of enactment of this Act, including the factors described in such 
pari:s, 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 for-
mulas identijfied 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 ADVO-
CACY OF THE RIGHTS OF INDIVID-
UALS WITH DEVELOPMENTAL DIS-
ABILITIES 
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 insert-
ing the following new section heading: 
"SEC. 141. PURPOSE."; 
(3) by striking "system" and inserting "Protection and 
Advocacy system (hereafter referred to in this part as the 
'system')"; and 
(4) by striking "persons" and inserting "individuals". 
SEC. 303. SYSTEM REQUIRED. 
(a) 
SECTION 
HEADING.—Section 142 (42 U.S.C. 6042) is 
amended— 
(1) by striking " S E C 142."; and 
(2) in the section heading, by striking "SYSTEM REQUIRED" 
and inserting the following new section heading: 
"SEC. 142. SYSTEM REQUIRED.". 
(b) SYSTEM.—Section 142 (42 U.S.C. 6042) is amended— 
(1) in subsection (a)— 
(A) by striking "In order" and inserting "SYSTEM 
REQUIRED.—In order"; 
(B) in paragraph (1), by striking "persons" and insert-
ing "individuals"; 
(C) in paragraph (2)— 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 315 
(i) by striking "persons" each place such term 
appears and inserting "individuals"; 
(ii) in subparagraph (A), by striking "minority" 
and inserting "ethnic and racial minority"; 
(iii) by striking subparagraph (C); 
(iv) in subparagraph (E), by striking "Planning 
Council" and inserting "Developmental Disabilities 
Council authorized under part B"; 
(v) in subparagraph (F), by striking "and" at the 
end thereof; and 
(vi) in subparagraph (G)— 
(I) in clause (i), by striking "person" each place 
such term appears and inserting "individual"; 
(II) in the matter preceding subclause (I) of 
clause (ii), by striking "person" and inserting 
"individual"; 
(III) in clause (ii)(I), by striking 'Tsy reason 
of the mental or physical condition of such person" 
and inserting "by reason of such individual s men-
tal 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 
(VTI) in clause (iii)(III), by striking "person" 
and inserting "individual"; 
(vii) by redesignating subparagraphs (D), (E), (F), 
and (G) as subparagraphs (E), (F), (G), and (I), respec-
tively; 
(viii) by inserting after subparagraph (B) the fol-
lowing new subparagraphs: 
"(C) on an annual basis, develop a statement of objec-
tives 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 com-
bination of physical or mental impairments, and their rep-
resentatives, as appropriate, non-State agency representa-
tives 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 
111 Individuals Act of 1986, and with other related 
programs, including the parent training and informa-
tion centers, education ombudsman programs and 
assistive technology projects;"; 
108 STAT. 316 
PUBLIC LAW 103-230—APR. 6, 1994 
(ix) by inserting after subparagraph (G), as so 
redesignated in clause (vii), the following new subpara-
graph: 
"(H) have access at reasonable times and locations 
to any resident who is an individual with a developmental 
disability in a facility that is providing services, supports, 
and other assistance to such a resident;"; 
(x) by adding at the end the following new subpara-
graphs: 
"(J) hire and maintain sufficient numbers and types 
of staff, qualified by training and experience, to carry out 
such system's function except that such State shall not 
apply hiring freezes, reductions in force, prohibitions on 
staff" travel, or other policies, to the extent that such policies 
would impact staff" or functions funded with Federal funds 
and would prevent the system from carr3dng out its func-
tions under this Act; 
"(K) have the authority to educate policymakers; and 
"(L) provide assurances to the Secretary that funds 
allotted to the State under this section will be used to 
supplement and increase the level of funds that would 
otherwise be made available for the purposes for which 
Federal funds are provided and not to supplant such non-
Federal funds;"; 
(D) by striking paragraphs (3) and (5); 
(E) in paragraph (4)— 
(i) by striking "the State" and all that follows 
through "provided with" and inserting "the State must 
provide to the system"; 
(ii) by striking "1902(a)(31)(B)" and inserting 
"1902(a)(31)"; and 
(iii) i
D
y redesignating such paragraph as paragraph 
(3); and 
(F) by adding at the end the following new paragraph: 
"(4) the agency implementing the system will not be 
redesignated unless there is good cause for the redesignation 
and unless— 
"(A) notice has been given of the intention to make 
such redesignation to the agency that is serving as the 
system including the good cause for such redesignation 
and the agency has been given an opportunity to respond 
to the assertion that good cause has been shown; 
"(B) timely notice and opportunity for public comment 
in an accessible format has been given to individuals with 
developmental disabilities or their representatives; and 
"(C) the system has the opportunity to appeal to the 
Secretary that the redesignation was not for good cause."; 
(2) in subsection (b)— 
(A) by striking "(b)(1) To" and inserting the following: 
"(b) ALLOTMENTS.— 
"(1) IN GENERAL.—To"; 
(B) in paragraph (1)— 
(i) in subparagraph (A), to read as follows: 
"(A) the total amount appropriated under section 143 
for a fiscal year is at least $20,000,000— 
"(i) the allotment of each of American Samoa, 
Guam, the United States Virgin Islands, the Common-
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 317 
wealth of the Northern Mariana Islands, and the 
Republic of Palau (until the Compact of Free Associa-
tion 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 sub-
section (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 sub-
section (d))."; and 
(ii) in subparagraph (B), to read as follows: 
"(B) the total amount appropriated under section 143 
for a fiscal year is less than $20,000,000— 
"(i) the allotment of each of American Samoa, 
Guam, the United States Virgin Islands, the Common-
wealth of the Northern Mariana Islands, £md the 
Republic of Palau (until the Compact of Free Associa-
tion 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 sub-
section (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 sub-
section (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.—Notwithstand-
ing"; and 
108 STAT. 318 
PUBLIC LAW 103-230—APR. 6, 1994 
(H) by inserting at the end the following new para-
graph: 
"(5) TECHNICAL ASSISTANCE AND AMERICAN INDIAN CONSOR-
TIUM.—In any case in which amounts appropriated under sec-
tion 143 for a fiscal year exceeds $24,500,000, the Secretary 
shall— 
"(A) use not more than 2 percent of the amounts appro-
priated 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 
(l)(A)(i) to American Indian Consortiums to provide protec-
tion 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 receiv-
ing services, or parents, family members, guardians, advo-
cates, or authorized representatives of such individuals"; 
(C) in paragraph (2), by striking "and" at the end 
thereof; 
(D) in paragraph (3), by striking the period and insert-
ing "; and"; and 
(E) by adding at the end the following new paragraph: 
"(4) in States in which the system is organized as a public 
system without a multimember governing or advisory board, 
the system shall establish an advisory council that shall— 
"(A) advise the system on policies and priorities to 
be carried out in protecting and advocating the rights of 
individuals with developmental disabilities; and 
"(B) consist of a majority of individuals with devel-
opmental disabilities who are eligible for services, or have 
received or are receiving services, or parents, family mem-
bers, 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 fol-
lowing: 
"(g) LEGAL ACTION.— 
"(1) IN GENERAL.—Nothing"; 
(B) in paragraph (1), by striking "persons" and insert-
ing "individuals"; and 
(C) in paragraph (2), by striking "(2) Amounts" and 
inserting the following: 
"(2) USE OF AMOUNTS FROM JUDGMENT.—Amounts"; 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 319 
(8) in subsection (h), by striking "Notwithstanding" and 
inserting "PAYMENT TO SYSTEMS.—Notwithstanding"; 
(9) by redesignating subsections (b) through (h) as sub-
sections (c) through (i), respectively; 
(10) by inserting after subsection (a) the following new 
subsection: 
"(b) AMERICAN INDIAN CONSORTIUM.—Upon appKcation to the 
Secretary, an American Indian consortium, as denned 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 Sec-
retary shall provide advance public notice of any Federal pro-
grammatic and administrative review and solicit public comment 
on the system funded under this part through such notice. The 
findings of the public comment solicitation notice shall be included 
in the onsite visit report. The results of such review shall be 
distributed to the Grovernor of the State and to other interested 
public and private parties.". 
SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 
Section 143 (42 U.S.C. 6043) is amended— 
(1) by striking "SEC. 143."; 
(2) in the section heading, by striking "AUTHORIZATION OF 
APPROPRIATIONS" and inserting the following new section head-
ing: 
"SEC. 143. AUTHORIZATION OF APPROPRIATIONS."; 
(3) by striking "$24,200,000 for fiscal year 1991" and insert-
ing "$24,000,000 for fiscal year 1994"; and 
(4) by striking "fiscal years 1992 and 1993" and inserting 
"fiscal years 1995 and 1996". 
TITLE IV—UNIVERSITY AFFILIATED 
PROGRAMS 
SEC. 401. PART HEADING. 
The heading of part D of title I of the Act is amended to 
read as follows: 
"PART D—UNIVERSITY AFFILIATED 
PROGRAMS". 
SEC. 402. PURPOSE. 
Section 151 (42 U.S.C. 6061) is amended to read as follows: 
"SEC. 151. PURPOSE AND SCOPE OF ACTIVITIES. 
"The purpose of this part is to provide for grants to university 
affiliated programs that are interdisciplinary programs operated 
by universities, or by public or nonprofit entities associated with 
108 STAT. 320 
PUBLIC LAW 103-230—APR. 6, 1994 
a college or university, to provide a leadership role in the promotion 
of independence, productivity, and integration and inclusion into 
the community of individuals with developmental 
disabilities 
through the provision of the following activities, which are con-
ducted in a culturally competent manner: 
"(1) Interdisciplinary preservice preparation of students 
and fellows, including the preparation of leadership personnel. 
"(2) Community service activities that shall include commu-
nity training and technice. assistance for or Avith individuals 
with developmental disabilities, family members of individuals 
with 
developmental 
disabilities, professionals, 
paraprofes-
sionals, students, and volunteers. Such activities may include 
state-of-the-art direct services including family support, individ-
ual support, personal assistance services, educational, voca-
tional, 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 con-
tributions to the development of new knowledge in the field 
of developmental disabilities.". 
SEC. 403. GRANT AUTHORITY. 
(a) 
SECTION HEADING.—Section 152 (42 U.S.C. 6062) is 
amended— 
(1) by striking "SEC. 152."; and 
(2) in the section heading, by striking "GRANT AUTHORITY" 
and inserting the following new section heading: 
"SEC. 152. GRANT AUTHORITY.". 
(b) AUTHORITY.—Section 152 (42 U.S.C. 6062) is amended— 
(1) in subsection (a)— 
(A) by striking "From appropriations" and inserting 
"ADMINISTRATION AND OPERATION.—From appropriations'^ 
and 
(B) by striking "102(18)." and inserting "151. Grants 
may be awarded for a period not to exceed 5 years."; 
(2) in subsection (b), to read as follows: 
"(h) TRAINING PROJECTS.— 
"(1) IN GENERAL.—From amounts appropriated under sec-
tion 156(a), the Secretary shall make grants to luiiversity affili-
ated 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 competi-
tive basis and may be awarded for a period not to exceed 
5 years. 
"(2) ELIGIBILITY LIMITATIONS.—^A university affiliated pro-
gram shall not be eligible to receive funds for training projects 
under this subsection unless— 
"(A) such program has operated for at least 1 year; 
or 
"(B) the Secretary determines that such program has 
demonstrated the capacity to develop an effective training 
project during the first year such program is operated. 
"(3) AREAS OF FOCUS.—Training projects under this sub-
section shall train personnel to address the needs of individuals 
with developmental disabilities in the areas of emerging 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 321 
national significance described in subparagraphs (A) through 
(H). 
"(A) EARLY INTERVENTION.—Grants under this sub-
section for training projects with respect to early interven-
tion 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 inter-
vention 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 disabil-
ities 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 fami-
lies. 
"(C) COMMUNITY SERVICES.—Grants under this sub-
section 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 disabil-
ities, and community-based direct service providers. The 
Secretary shall ensure that all grants under this subpara-
graph are made only to imiversity 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 plan-
ning or delivery of services to individuals with developmen-
tal 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 developmen-
tal 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 stand-
ards, including the role of personal and cultural values 
in designing assessments and interventions; 
"(ii) address appropriate assessment approaches 
that examine the range of factors that contribute to 
problem behavior; 
108 STAT. 322 
PUBLIC LAW 103-230—APR. 6, 1994 
"(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 tj^es 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 out-
comes 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 devel-
opmental disabilities and may include stipends and tuition 
assistance for training project participants. Such projects 
shall be coordinated with State technology coordinating 
councils wherever such councils exist. 
"(F) AMERICANS WITH DISABILITIES ACT.—Grants under 
this subsection for training projects with respect to the 
provisions of the Americans with Disabilities Act of 1990 
shall be for the purpose of assisting university affiliated 
programs in providing training to personnel who provide, 
or will provide, services to individuals with developmental 
disabilities, and to others concerned with individuals with 
developmental disabilities. 
"(G) COMMUNITY TRANSITION.—Grants under this sub-
section for training projects with respect to transition from 
school to adult life shall be for the purpose of assisting 
university affiliated programs in providing training to 
individuals with developmental disabilities and their fami-
lies, generic community agencies, advocacy organizations, 
and others in order to stimulate the development and 
improvement of policies, procedures, systems, and other 
mechanisms 
that 
prepare youth 
with 
developmental 
disabilities to enter adult life. Such projects shall be coordi-
nated with State transition projects funded under section 
626(e) of the Individuals with Disabilities Education Act, 
where such State transition projects exist. 
"(H) OTHER AREAS.—Grants under this subsection for 
training projects with respect to programs in other areas 
of national significance shall be for the purpose of training 
personnel in an area of special concern to the university 
affiliated program, and shall be developed in consultation 
with the State Developmental Disabilities Council. 
"(4) 
COURSES, TRAINEESHIPS AND FELLOWSHIPS.—Grants 
under this subsection may be used by university affiliated 
programs to— 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 323 
"(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, productiv-
ity, 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 Coun-
cil; 
"(iii) be integrated into the appropriate university 
affiliated program and university curriculum; 
"(iv) be integrated with relevant State agencies 
in order to achieve an impact on statewide personnel 
and service needs; 
"(v) to the extent practical, be conducted in 
environments where services are actually delivered; 
"(vi) to the extent possible, be interdisciplinary 
in nature; 
"(vii) utilize strategies to recruit and train mem-
bers from racial and ethnic minority backgrounds and 
individuals with disabilities; and 
"(viii) address the issue of cultural competence 
in the training provided."; 
(3) in subsection (c)— 
(A) by striking "From amounts appropriated under sec-
tion 154(b)" and inserting "SUPPLEMENTAL AWARDS.—From 
amounts appropriated under section 156(a)"; 
(B) in paragraph (1)— 
(i) by striking "service-related training to persons" 
and inserting "interdisciplinary training, community 
training and technical assistance, community services, 
or dissemination of information to individuals"; 
(ii) by striking "integration into the community 
of persons with developmental disabilities" and insert-
X 
108 STAT. 324 
PUBLIC LAW 103-230—APR. 6, 1994 
ing "integration and inclusion into the community of 
individuals with developmental disabilities and not 
otherwise specified in subsection (b)"; and 
(iii) by striking "persons" each place such term 
appears and inserting "individuals"; 
(C) in paragraph (2)— 
(i) by striking "(A) the" and inserting "the"; 
(ii) by striking "persons" and inserting "individ-
uals"; 
(iii) by striking "(B) the" and inserting "the"; and 
(iv) by striking "parents" and inserting "family 
members"; 
(4) by striking subsection (d); 
(5) in subsection (e)— 
(A) by striking "(e) From amounts appropriated under 
section 154(a)" and inserting "(d) FEASIBILITY STUDIES.— 
From amounts appropriated under section 156(a)"; and 
(B) by striking— 
(i) "or a satellite center"; and 
(ii) "or satellite center"; and 
(6) by striking subsections (f) and (g). 
SEC. 404. APPLICATIONS. 
(a) 
SECTION 
HEADING.—Section 153 (42 U.S.C. 6063) is 
amended— 
(1) by striking "SEC. 153."; and 
(2) in the section heading, by striking "APPLICATIONS" and 
inserting the following new section heading: 
"SEC. 153. APPLICATIONS.". 
(b) APPLICATIONS.—Section 153 (42 U.S.C. 6063) is amended— 
(1) in subsection (a)— 
(A) by striking "Not later than six" and inserting: 
"STANDARDS.—Not later than 12"; 
(B) by striking "Act of 1984" and inserting "Assistance 
and Bill of Rights Act Amendments of 1994"; 
(C) by striking "persons" and inserting "individuals"; 
and 
(D) by striking "section 102(18)" and inserting "section 
151"; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), by striking 
"No grants" and all that follows through "Such an applica-
tion" 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 individ-
uals 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 prac-
ticable, increase the level of such funds;"; 
(C) in paragraph (2), by striking "subsection (a)" each 
place such term appears and inserting "subsection (b)"; 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 325 
(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 "Devel-
opmental 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 sub-
sections (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 Grants. 
only make grants under section 152(a) to university affiliated pro-
grams that establish a consumer advisory committee comprised 
of individuals with developmental disabilities, family members of 
individuals with developmental disabilities, representatives of State 
protection and advocacy systems, State developmental disabilities 
councils (including State service agency directors), local agencies, 
and private nonprofit groups concerned with providing services 
for individuals with developmental disabilities, which may include 
representatives from parent training and information centers. The 
consumer advisory committee shall reflect the racial and ethnic 
diversity of the geographic area served by the university affiliated 
program. 
"(e) FEDERAL SHARE.— 
"(1) IN GENERAL.—^The Federal share of any project to 
be provided through grants under this part may not exceed 
75 percent of the necessary cost of such project, as determined 
by the Secretary, except that if the project activities or products 
target individuals with developmental disabilities who live in 
an urban or rural poverty area, the Federal share may not 
exceed 90 percent of the project's necessary costs as so deter-
mined by the Secretary. 
"(2) PROJECT EXPENDITURES.—For the purpose of determin-
ing 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 (D, as so redesignated by paragraph (4)— 
(A) by striking "(f)(1) The Secretary" and inserting 
the following: 
108 STAT. 326 
PUBLIC LAW 103-230—APR. 6, 1994 
"(f) PEER REVIEW.— 
"(1) IN GENERAL.—The Secretary"; 
(B) in paragraph (1), by striking "Such peer review" 
and all that follows through "152(b)(1)(D)."; 
(C) in paragraph (2)— 
(i) by striking "(2) Regulations" and inserting the 
following: 
"(2) REGULATIONS.—Regulations"; and 
(ii) by striking "experience or training" and insert-
ing "experience and training"; 
(D) in paragraph (3), to read as follows: 
"(3) APPROVAL.— 
"(A) IN GENERAL.—The Secretary may approve an 
application under this part only if such application has 
been recommended by a peer review group that has con-
ducted 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 Sec-
retary"; and 
(ii) by realigning the margins of subparagraphs 
(A) and (B) so as to align with the margin of subpara-
graph (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 appro-
priations, shall award and distribute grant funds in accordance 
with the following order of priorities: 
"(1) EXISTING STATE UNIVERSITY AFFILIATED PROGRAMS.— 
First priority shall be given, with respect to the provision 
of grant awards under section 152(a) in the amount of $200,000, 
to an existing State university affiliated program that meets 
the requirements under section 153. 
"(2) UNSERVED STATES.—Second priority shall be given, 
with respect to the provision of grant awards under section 
152(a) in the amount of $200,000, to a university or public 
or nonprofit entity associated with a college or university that 
desires to establish a university affiliated program in a State 
that is unserved by a university affiliated program as of the 
date of enactment of the Developmental Assistance and Bill 
of Rights Act Amendments of 1994. 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 327 
"(3) TRAINING PROJECTS IN ALL UNIVERSITY AFFILIATED PRO-
GRAMS.—^Third priority shall be given, with respect to the provi-
sion 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 PRO-
GRAMS.—Fifth priority shall be given, with respect to the provi-
sion 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 Eiffiliated 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 Disabihties Council. 
"(b) ADDITIONAL PROGRAMS.—For purposes of making grants 
under subsection (a)(6), the Secretary shall consider apphcations 
for grants for university affiliated programs— 
"(1) for States that are currently underserved by a univer-
sity aifliliated 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 apphcations under such sections in a single applica-
tion.". 
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. 
42 USC 6065. 
"For purposes of this part, the term 'State' means each of 
the several States of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the United States Virgin Islands, 
and Guam. 
"SEC. 156. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 6066. 
"(a) IN GENERAL.—For the purpose of making grants under 
subsections (a), (b), (c), and (d) of section 152, there are authorized 
79-194 O—95—12 : QL 3 Part 1 
108 STAT. 328 
PUBLIC LAW 103-230—APR. 6, 1994 
to be appropriated $19,000,000 for fiscal year 1994, and such sums 
as may oe necessary for each of the fiscal years 1995 and 1996. 
"(b) LIMITATION.—^With respect to peer review or other activities 
directly related to peer review, the Secretary may not use— 
"(1) for fiscal year 1994, more than $300,000 of the funds 
made available under subsection (a) for such review or such 
other activities; and 
"(2) for any succeeding fiscal year, more than the amount 
of the funds made available under paragraph (1) adjusted to 
take into account the increase in the Consumer Price Index 
for such fiscal year for such review or such other activities.". 
TITLE V—PROJECTS OF NATIONAL 
SIGNIFICANCE 
SEC. 501. PART HEADING. 
The heading of part E of title I of the Act is amended to 
read as follows: 
Gr^^^- ^ 
"PART E—PRO 
JECTS OF NATIONAL 
Contracts. 
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, productiv-
ity, and integration and inclusion of individuals with developmental 
disabilities through— 
"(1) data collection and analysis; 
"(2) technical assistance to enhance the quality of State 
Developmental Disabilities Councils, protection and advocacy 
systems, and university affiliated programs; and 
"(3) other projects of sufficient size and scope that hold 
promise to expand or improve opportunities for individuals 
with developmental disabilities, including— 
"(A) technical assistance for the development of 
information and referral systems; 
"(B) educating policymakers; 
"(C) Federal interagency initiatives; 
"(D) the enhancement of participation of racial and 
ethnic minorities in public and private sector initiatives 
in developmental disabilities; 
, 
"(E) transition of youth with developmental disabilities 
from school to adult life; and 
"(F) special pilots and evaluation studies to explore 
the expansion of programs under part B to individuals 
with severe disabilities other than developmental disabil-
ities.". 
SEC. 503. GRANT AUTHORITY. 
(a) 
SECTION HEADING.—Section 162 (42 U.S.C. 6082) is 
amended— 
(1) by striking " S E C 162."; and 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 329 
(2) in the section heading, by striking "GRANT AUTHORITY" 
and inserting the following new section heading: 
"SEC. 162. GRANT AUTHORirY.". 
(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 m£ike grants to and enter into contracts with 
public or nonprofit private entities for projects of national 
significance relating to individuals with developmental disabil-
ities to— 
"(A) support ongoing data collection on expenditures, 
residential services and employment, and develop an 
ongoing data collection system, including data collection 
on the accomplishments of State Developmental Disabilities 
Councils, protection and advocacy systems, and university 
affiliated programs that includes data on the participation 
of individuals from racial and ethnic minority backgrounds; 
and 
"(B) provide technical assistance (including research, 
training, and evaluation) that expands or improves the 
effectiveness of State Developmental Disabilities Councils 
under part B, protection and advocacy systems under part 
C, and university afilliated programs under part D, includ-
ing 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 disabil-
ities to conduct other nationally significant initiatives of suffi-
cient size and scope that hold promise of expanding or otherwise 
improving opportunities for individuals with developmental 
disabilities, including— 
"(A) conducting research and providing technical assist-
ance to assist States to develop statewide, comprehensive 
information and referral and service coordination systems 
for individuals with developmental disabilities and their 
families that are culturally competent and that improve 
supportive living and quality of life opportunities that 
enhance recreation, leisure, and fitness; 
"(B) educating policymakers, including the training of 
self-advocates and family members of individuals with 
developmental disabilities; 
"(C) pursuing Federal interagency initiatives that 
enhance the ability of Federal agencies to address the 
needs of individuals with developmental disabilities and 
their families; 
"(D) expanding or otherwise improving opportunities 
for individuals with developmental disabilities who are 
from racial and ethnic minority backgrounds including 
projects to encourage members of such groups to participate 
in the Developmental Disabilities Programs authorized 
under parts B, C, and D, and increase the involvement 
of students and professionals of such groups in the provi-
V 
108 STAT. 330 
PUBLIC LAW 103-230—APR. 6, 1994 
sion of services to, supports to, and advocacy for, individ-
uals with developmental disabilities; and 
"(E) conducting research and providing technical assist-
ance to policymakers concerning the transition of youth 
with developmental disabilities from school to work and 
to adult life.*'; 
(2) in subsection (b), to read as follows: 
"(b) APPLICATION AND OTHER GRANT REQUIREMENTS.—NO grant 
may be made under subsection (a) unless— 
Regulations. 
"(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 applica-
tion 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 (espe-
cially those individuals without familial protection) who are 
receiving services imder projects assisted under this part will 
be protected consistent with section 110 (relating to the rights 
of individuals with developmental disabilities); 
"(4) the applicant demonstrates, where appropriate, how 
the project will address, in whole or part, the needs of individ-
uals with developmental disabiUties from racial and ethnic 
minority backgrounds; and 
"(5) the Secretary provides to the State Developmental 
Disabilities Council in such State an opportunity to review 
the application for such project and to submit its comments 
on the application."; 
(3) in subsection (c), by striking "Not later" and inserting 
"PRIORITIES FOR GRANTS.—Not later"; 
(4) in subsection (d)— 
(A) by striking "Payments under" and inserting "GRANT 
PAYMENTS.—Pa3nnents under"; and 
(B) by inserting before the period in the second sen-
tence ", except as otherwise provided under section 163"; 
(5) by redesignating subsections (b), (c), and (d) as sub-
sections (c), (d), and (e), respectively; 
(6) by inserting after subsection (a) the following new sub-
section: 
"(b) INVESTIGATIONS.— 
"(1) IN GENERAL.^Not later than April 1, 1994, there shall 
be a special initiative to support grants to investigate the 
expansion of part B activities to individuals with severe disabil-
ities other than developmental disabilities. Such investigations 
shall be implemented through the following activities: 
"(A) A national study of State Developmentsd Disabil-
ities Councils that are currently mandated under State 
law'or Executive order to focus on individuals with disabil-
ities 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 £uid 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, 
PUBLIC LAW 103-230—APR. 6, 1994 
108 STAT. 331 
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 sub-
section unless an applicant submits to the Secretary an applica-
tion, and meets the additional application requirements, under 
subsection (c)."; and 
(7) by adding at the end thereof the following new sub-
section: 
"(f) LIST OF RECIPIENTS.—Not later than September 1 of each Federal 
fiscal year, the Secretary shall publish in the Federal Register 
^^fv*^[' 
a list of the recipients of grants and contracts in each of the ^" 
areas authorized in subsections (a) and (b), including a brief descrip-
tion 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 per-
cent, but in no event less than $300,000, of the amounts appro-
priated 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 prior-
ities described in this part. 
"(B) TIME LINE FOR FUNDING.—If amounts are available 
to carry out subparagraphs (A), (B), and (C) of section 
162(b)(1), the Administration shall provide funding to carry 
out such subparagraphs not later than May 1 of the fiscal 
year in which such funds become available. 
(3) PROGRAMMATIC REVIEWS OR OTHER ADMINISTRATIVE 
ACTIVITIES.—^The Secretary may not use the funds made avail-
able under subsection (a) for programmatic reviews as pre-
scribed 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)— 
X 
108 STAT. 332 
PUBLIC LAW 103-230—APR. 6, 1994 
"(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.". 
Approved April 6, 1994. 
LEGISLATIVE HISTORY—S. 1284 (H.R. 2204) (H.R. 3505): 
HOUSE REPORTS: Nos. 103-121 accompanying H.R. 2204 (Comm. on Energy and 
Commerce), 103-378 accompanying H.R. 3505 (Comm. on Energy 
and Commerce), and 103-442 (Comm. of Conference). 
SENATE REPORTS: No. 103-120 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD: 
Vol. 139 (1993): June 14, H.R. 2204 considered and passed House. 
Aug. 5, S. 1284 considered and passed Senate. 
Nov. 21, H.R. 3505 considered and passed House; S. 1284, 
amended, passed in lieu. 
Vol. 140 (1994): Mar. 21, House agreed to conference report. 
Mar. 24, Senate agreed to conference report.