[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 1284 Enrolled Bill (ENR)]
<DOC>
S.1284
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To amend the Developmental Disabilities Assistance and Bill of Rights
Act to modify certain provisions relating to programs for individuals
with developmental disabilities, Federal assistance for priority area
activities for individuals with developmental disabilities, protection
and advocacy of individual rights, university affiliated programs, and
projects of national significance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

5b12dfdc5a49a13ab9a5c63f787309a5773c967aea0908ca9b2690856bebcd79

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

8752ead66462ba3061e7c025f3d5f6f084226417fbfe0198eddf8647a72e7c23

699c945ba067bebd4f0e948e078237406f6397c5fb2d6a15846b2bf8d8f0d6f3

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

3abc61ec39a90c4927bec019714134d7d16fa8ea1f24875aff89c0259024a77a

ac7a9bd88779450194a8a701736d4ad234423b393ed105a965578fe47b24948e

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

cfad8c40cad37af518849933dd595d992b66447ac6a2db9c6467d083c59c8dfc

52a1b34ca1376fc53b875aaa0337c2494b1d1c5b9fd664e46805db35d393de28

TITLE V_PROJECTS OF NATIONAL SIGNIFICANCE

4e1ab758f720763d462e36a95dd7be4e62d495427df939e4583a8f8d08b2b58b

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

f37491431d4d16f629b2156017a834b22749cce0aa77a3fcf2c209583dcd5142

(a) Title._The heading of title I of the Act is amended to read as
follows:
``TITLE I_PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''.
(b) Part._The heading of part A of title I of the Act is amended to
read as follows:
``PART A_GENERAL PROVISIONS''.
(c) Short Title._Section 100 (42 U.S.C. 6000 note) is amended_
(1) by striking ``Sec. 100''; and
(2) in the section heading, by striking ``short title'' and
inserting the following new section heading:
``SEC. 100. SHORT TITLE.''.

6906af14ee72c7cfbd00b348141e9620bcc239597cf6efe8d4f27090e1ac5d77

Section 101 (42 U.S.C. 6000) is amended to read as follows:
``SEC. 101. FINDINGS, PURPOSES, AND POLICY.
``(a) Findings._The Congress finds that_
``(1) in 1993 there are more than 3,000,000 individuals with
developmental disabilities in the United States;
``(2) disability is a natural part of the human experience that
does not diminish the right of individuals with developmental
disabilities to enjoy the opportunity to live independently, enjoy
self-determination, make choices, contribute to society, and
experience full integration and inclusion in the economic,
political, social, cultural, and educational mainstream of American
society;
``(3) individuals with developmental disabilities continually
encounter various forms of discrimination in critical areas;
``(4) there is a lack of public awareness of the capabilities
and competencies of individuals with developmental disabilities;
``(5) individuals whose disabilities occur during their
developmental period frequently have severe disabilities that are
likely to continue indefinitely;
``(6) individuals with developmental disabilities often require
lifelong specialized services and assistance, provided in a
coordinated and culturally competent manner by many agencies,
professionals, advocates, community representatives, and others to
eliminate barriers and to meet the needs of such individuals and
their families;
``(7) a substantial portion of individuals with developmental
disabilities and their families do not have access to appropriate
support and services from generic and specialized service systems
and remain unserved or underserved;
``(8) family members, friends, and members of the community can
play an important role in enhancing the lives of individuals with
developmental disabilities, especially when the family and
community are provided with the necessary services and supports;
``(9) there is a need to ensure that services, supports, and
other assistance are provided in a culturally competent manner,
that individuals from racial and ethnic minority backgrounds are
fully included in all activities under this Act, and that greater
efforts are made to recruit individuals from minority backgrounds
into the field of developmental disabilities; and
``(10) the goals of the Nation properly include the goal of
providing individuals with developmental disabilities with the
opportunities and support to_
``(A) make informed choices and decisions;
``(B) live in homes and communities in which such
individuals can exercise their full rights and responsibilities
as citizens;
``(C) pursue meaningful and productive lives;
``(D) contribute to their family, community, State, and
Nation;
``(E) have interdependent friendships and relationships
with others; and
``(F) achieve full integration and inclusion in society, in
an individualized manner, consistent with unique strengths,
resources, priorities, concerns, abilities, and capabilities of
each individual.
``(b) Purpose._The purpose of this Act is to assure that
individuals with developmental disabilities and their families
participate in the design of and have access to culturally competent
services, supports, and other assistance and opportunities that promote
independence, productivity, and integration and inclusion into the
community, through_
``(1) support to State Developmental Disabilities Councils in
each State to promote, through systemic change, capacity building,
and advocacy activities that are consistent with the policy under
subsection (c)(2), a consumer and family-centered, comprehensive
system, and a coordinated array of services, supports, and other
assistance for individuals with developmental disabilities and
their families;
``(2) support to protection and advocacy systems in each State
to protect the legal and human rights of individuals with
developmental disabilities;
``(3) support to university affiliated programs to provide
interdisciplinary preservice preparation of students and fellows,
community service activities, and the dissemination of information
and research findings; and
``(4) support to national initiatives to collect necessary
data, provide technical assistance to State Developmental
Disabilities Councils, protection and advocacy systems and
university affiliated programs, and support other nationally
significant activities.
``(c) Policy._It is the policy of the United States that all
programs, projects, and activities receiving assistance under this Act
shall be carried out in a manner consistent with the principles that_
``(1) individuals with developmental disabilities, including
those with the most severe developmental disabilities, are capable
of achieving independence, productivity, and integration and
inclusion into the community, and often require the provision of
services, supports and other assistance to achieve independence,
productivity, and integration and inclusion;
``(2) individuals with developmental disabilities and their
families have competencies, capabilities and personal goals that
should be recognized, supported, and encouraged, and any assistance
to such individuals should be provided in an individualized manner,
consistent with the unique strengths, resources, priorities,
concerns, abilities, and capabilities of such individuals;
``(3) individuals with developmental disabilities and their
families are the primary decisionmakers regarding the services and
supports such individuals and their families receive and play
decisionmaking roles in policies and programs that affect the lives
of such individuals and their families;
``(4) services, supports, and other assistance are provided in
a manner that demonstrates respect for individual dignity, personal
preferences, and cultural differences;
``(5) specific efforts must be made to ensure that individuals
from racial and ethnic minority backgrounds enjoy effective and
meaningful opportunities for full participation in the
developmental disabilities service system;
``(6) recruitment efforts within developmental disabilities at
the level of preservice training, community training, practice,
administration and policymaking must focus on bringing larger
numbers of racial and ethnic minorities into the field in order to
provide appropriate skills, knowledge, role models, and sufficient
manpower to address the growing needs of an increasingly diverse
population;
``(7) with education and support, communities can be responsive
to the needs of individuals with developmental disabilities and
their families and are enriched by the full and active
participation and the contributions by individuals with
developmental disabilities and their families; and
``(8) individuals with developmental disabilities should have
access to opportunities and the necessary support to be included in
community life, have interdependent relationships, live in homes
and communities, and make contributions to their families,
community, State, and Nation.''.

826e19eed1acf08007c1bb92f3be0e6ca4f9090c0f7c7578a0888f5132b21706

Section 102 (42 U.S.C. 6001) is amended to read as follows:
``SEC. 102. DEFINITIONS.
``For purposes of this title:
``(1) American indian consortium._The term `American Indian
Consortium' means any confederation of two or more recognized
American Indian tribes, created through the official action of each
participating tribe, that has a combined total resident population
of 150,000 enrolled tribal members and a contiguous territory of
Indian lands in two or more States.
``(2) Assistive technology device._The term `assistive
technology device' means any item, piece of equipment, or product
system, whether acquired commercially, modified or customized, that
is used to increase, maintain, or improve functional capabilities
of individuals with developmental disabilities.
``(3) Assistive technology service._The term `assistive
technology service' means any service that directly assists an
individual with a developmental disability in the selection,
acquisition, or use, of an assistive technology device. Such term
includes_
``(A) the evaluation of the needs of an individual with a
developmental disability, including a functional evaluation of
the individual in the individual's customary environment;
``(B) purchasing, leasing, or otherwise providing for the
acquisition of assistive technology devices by an individual
with a developmental disability;
``(C) selecting, designing, fitting, customizing, adapting,
applying, maintaining, repairing or replacing assistive
technology devices;
``(D) coordinating and using other therapies,
interventions, or services with assistive technology devices,
such as those associated with existing education and
rehabilitation plans and programs;
``(E) training or technical assistance for an individual
with a developmental disability, or, where appropriate, a
family member, guardian, advocate, or authorized representative
of an individual with a developmental disability; and
``(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation
services), employers, or other individuals who provide services
to, employ, or are otherwise substantially involved in the
major life functions of, an individual with developmental
disabilities.
``(4) Child development activities._The term `child development
activities' means such priority area activities as will assist in
the prevention, identification, and alleviation of developmental
disabilities in children, including early intervention services.
``(5) Community living activities._The term `community living
activities' means such priority area activities as will assist
individuals with developmental disabilities to obtain and receive
the supports needed to live in their family home or a home of their
own with individuals of their choice and to develop supports in the
community.
``(6) Community supports._The term `community supports' means
activities, services, supports, and other assistance designed to_
``(A) assist neighborhoods and communities to be more
responsive to the needs of individuals with developmental
disabilities and their families;
``(B) develop local networks that can provide informal
support; and
``(C) make communities accessible and enable communities to
offer their resources and opportunities to individuals with
developmental disabilities and their families.
Such term includes community education, personal assistance
services, vehicular and home modifications, support at work, and
transportation.
``(7) Culturally competent._The term `culturally competent'
means services, supports or other assistance that are conducted or
provided in a manner that is responsive to the beliefs,
interpersonal styles, attitudes, language and behaviors of
individuals who are receiving services, and in a manner that has
the greatest likelihood of ensuring their maximum participation in
the program.
``(8) Developmental disability._The term `developmental
disability' means a severe, chronic disability of an individual 5
years of age or older that_
``(A) is attributable to a mental or physical impairment or
combination of mental and physical impairments;
``(B) is manifested before the individual attains age 22;
``(C) is likely to continue indefinitely;
``(D) results in substantial functional limitations in
three or more of the following areas of major life activity_
``(i) self-care;
``(ii) receptive and expressive language;
``(iii) learning;
``(iv) mobility;
``(v) self-direction;
``(vi) capacity for independent living; and
``(vii) economic self-sufficiency; and
``(E) reflects the individual's need for a combination and
sequence of special, interdisciplinary, or generic services,
supports, or other assistance that is of lifelong or extended
duration and is individually planned and coordinated,
except that such term, when applied to infants and young children
means individuals from birth to age 5, inclusive, who have
substantial developmental delay or specific congenital or acquired
conditions with a high probability of resulting in developmental
disabilities if services are not provided.
``(9) Early intervention services._The term `early intervention
services' means services provided to infants, toddlers, young
children, and their families to_
``(A) enhance the development of infants, toddlers, and
young children with disabilities and to minimize their
potential for developmental delay; and
``(B) enhance the capacity of families to meet the special
needs of their infants, toddlers, and young children.
``(10) Employment activities._The term `employment activities'
means such priority area activities as will increase the
independence, productivity, and integration and inclusion into the
community of individuals with developmental disabilities in work
settings.
``(11) Family support service._The term `family support
service' means services, supports, and other assistance provided to
families with members with developmental disabilities that are
designed to_
``(A) strengthen the family's role as primary caregiver;
``(B) prevent inappropriate out-of-the-home placement and
maintain family unity; and
``(C) reunite families with members who have been placed
out of the home, whenever possible.
Such term includes respite care, rehabilitation technology,
personal assistance services, parent training and counseling,
support for elderly parents, vehicular and home modifications, and
assistance with extraordinary expenses associated with the needs of
individuals with developmental disabilities.
``(12) Federal priority areas._The term `Federal priority
areas' means community living activities, employment activities,
child development activities, and system coordination and community
education activities.
``(13) Independence._The term `independence' means the extent
to which individuals with developmental disabilities exert control
and choice over their own lives.
``(14) Individual supports._The term `individual supports'
means services, supports, and other assistance that enable an
individual with a developmental disability to be independent,
productive, integrated, and included into such individual's
community, and that are designed to_
``(A) enable such individual to control such individual's
environment, permitting the most independent life possible;
``(B) prevent placement into a more restrictive living
arrangement than is necessary; and
``(C) enable such individual to live, learn, work, and
enjoy life in the community.
Such term includes personal assistance services, rehabilitation
technology, vehicular and home modifications, support at work, and
transportation.
``(15) Integration and inclusion._The term `integration and
inclusion', with respect to individuals with developmental
disabilities, means_
``(A) the use by individuals with developmental
disabilities of the same community resources that are used by
and available to other citizens;
``(B) living in homes close to community resources, with
regular contact with citizens without disabilities in their
communities;
``(C) the full and active participation by individuals with
developmental disabilities in the same community activities and
types of employment as citizens without disabilities, and
utilization of the same community resources as citizens without
disabilities, living, learning, working, and enjoying life in
regular contact with citizens without disabilities; and
``(D) having friendships and relationships with individuals
and families of their own choosing.
``(16) Nonprofit._The term `nonprofit' means an agency,
institution, or organization that is owned or operated by one or
more corporations or associations, no part of the net earnings of
which inures, or may lawfully inure, to the benefit of any private
shareholder or individual.
``(17) Other organizations._The term `other organizations'
means those organizations that are not State agencies or nonprofit
agencies, except such organizations may be consulting firms,
independent proprietary businesses and providers, and local
community groups not organizationally incorporated, and that are
interested in supporting individuals with developmental
disabilities.
``(18) Personal assistance services._The term `personal
assistance services' means a range of services, provided by one or
more individuals, designed to assist an individual with a
disability to perform daily living activities on or off a job that
such individual would typically perform if such individual did not
have a disability. Such services shall be designed to increase such
individual's control in life and ability to perform everyday
activities on or off such job.
``(19) Prevention._The term `prevention' means activities that
address the causes of developmental disabilities and the
exacerbation of functional limitations, such as activities that_
``(A) eliminate or reduce the factors that cause or
predispose individuals to developmental disabilities or that
increase the prevalence of developmental disabilities;
``(B) increase the early identification of existing
problems to eliminate circumstances that create or increase
functional limitations; and
``(C) mitigate against the effects of developmental
disabilities throughout the individual's lifespan.
``(20) Productivity._The term `productivity' means_
``(A) engagement in income-producing work that is measured
by increased income, improved employment status, or job
advancement; or
``(B) engagement in work that contributes to a household or
community.
``(21) Protection and advocacy system._The term `protection and
advocacy system' means a protection and advocacy system established
in accordance with section 142.
``(22) Rehabilitation technology._The term `rehabilitation
technology' means the systematic application of technologies,
engineering methodologies, or scientific principles to meet the
needs of, and address the barriers confronted by, individuals with
developmental disabilities in areas that include education,
rehabilitation, employment, transportation, independent living, and
recreation. Such term includes rehabilitation engineering,
assistive technology devices, and assistive technology services.
``(23) Secretary._The term `Secretary' means the Secretary of
Health and Human Services.
``(24) Service coordination activities._The term `service
coordination activities' (also referred to as `case management
activities') means activities that assist and enable individuals
with developmental disabilities and their families to access
services, supports and other assistance, and includes_
``(A) the provision of information to individuals with
developmental disabilities and their families about the
availability of services, supports, and other assistance;
``(B) assistance in obtaining appropriate services,
supports, and other assistance, which may include facilitating
and organizing such assistance;
``(C) coordination and monitoring of services, supports,
and other assistance provided singly or in combination to
individuals with developmental disabilities and their families
to ensure accessibility, continuity, and accountability of such
assistance; and
``(D) follow-along services that ensure, through a
continuing relationship, that the changing needs of individuals
with developmental disabilities and their families are
recognized and appropriately met.
``(25) State._The term `State', except as provided in section
155, includes, in addition to each of the several States of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Republic of
Palau (until the Compact of Free Association with Palau takes
effect).
``(26) State developmental disabilities council._The term
`State Developmental Disabilities Council' means a Council
established under section 124.
``(27) State priority area._The term `State priority area'
means priority area activities in an area considered essential by
the State Developmental Disabilities Council.
``(28) Supported employment._The term `supported employment'
means competitive work in integrated work settings for individuals
with developmental disabilities_
``(A)(i) for whom competitive employment has not
traditionally occurred; or
``(ii) for whom competitive employment has been interrupted
or intermittent as a result of a severe disability; and
``(B) who, because of the nature and severity of their
disability, need intensive supported employment services or
extended services in order to perform such work.
``(29) System coordination and community education activities._
The term `system coordination and community education activities'
means activities that_
``(A) eliminate barriers to access and eligibility for
services, supports, and other assistance;
``(B) enhance systems design, redesign, and integration,
including the encouragement of the creation of local service
coordination and information and referral statewide systems;
``(C) enhance individual, family, and citizen participation
and involvement; and
``(D) develop and support coalitions and individuals
through training in self-advocacy, educating policymakers, and
citizen leadership skills.
``(30) University affiliated program._The term `university
affiliated program' means a university affiliated program
established under section 152.
``(31) Unserved and underserved._The term `unserved and
underserved' includes populations such as individuals from racial
and ethnic minority backgrounds, disadvantaged individuals,
individuals with limited-English proficiency, individuals from
underserved geographic areas (rural or urban), and specific groups
of individuals within the population of individuals with
developmental disabilities, including individuals with
developmental disabilities attributable to physical impairment,
mental impairment, or a combination of physical and mental
impairments.''.

67266ecaa1837a9c5c6f45523e4214f47952fe3adf7c39770cd6e3dc30243951

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

8cfe635c4a93fbf6bfa3b0e8120d45fcb7743588b5dc6e5396e7701be46b330a

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

837f521b91b188759914d802d0841f09e29c20393eb9ec14ed17abc8e2fae25b

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

f60c8e62b85390f3fe40f3ae7e03efa90a3fa71d423cc644903e209d8722b1ed

Section 106 (42 U.S.C. 6005) is amended_
(1) by striking ``Sec. 106.'';
(2) in the section heading, by striking ``state control of
operations'' and inserting the following new section heading:
``SEC. 106. STATE CONTROL OF OPERATIONS.'';
and
(3) by striking ``facility for persons'' and inserting
``programs, services, and supports for individuals''.

4a22f4a3d14226bf834794b5cfbca9421f19dad6b6cb32935d25564ade37d84a

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

6a6912fef5333a47664b0bbe8cb144d6a90bfcc378b47763b4f8d8e9b29c2c13

(a) Section Heading._Section 108 (42 U.S.C. 6007) is amended_
(1) by striking ``Sec. 108.''; and
(2) in the section heading, by striking ``responsibilities of
the secretary'' and inserting the following new section heading:
``SEC. 108. RESPONSIBILITIES OF THE SECRETARY.''.
(b) Responsibilities._Section 108 (42 U.S.C. 6007) is amended_
(1) in subsection (a), by striking ``The Secretary'' and
inserting ``Regulations._The Secretary''; and
(2) in subsection (b)_
(A) by striking ``Within ninety'' and inserting
``Interagency Committee._Within 90''; and
(B) by striking ``Administration for Developmental
Disabilities'' and inserting ``Administration on Developmental
Disabilities,''.

6102fe1ddd8b9d7053cf6cad6c8dd7768d8e7e08941f834e449a3554c0885b1b

(a) Section Heading._Section 109 (42 U.S.C. 6008) is amended_
(1) by striking ``Sec. 109.''; and
(2) in the section heading, by striking ``employment of
handicapped individuals'' and inserting the following new section
heading:
``SEC. 109. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.''.
(b) Employment._Section 109 (42 U.S.C. 6008) is amended_
(1) by striking ``handicapped individuals'' and inserting
``individuals with disabilities'';
(2) by striking ``Act of'' and inserting ``Act of 1973''; and
(3) by striking ``which govern'' and all that follows through
``subcontracts.'' and inserting the following: ``that govern
employment_
``(1) by State rehabilitation agencies and community
rehabilitation programs; and
``(2) under Federal contracts and subcontracts.''.

53ee4e4812a9cc3d5c64060c3c86651aa66a047ac538373f81525ff80d3113df

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

deee184e2512c773559187d7ea2390e9f80279582f49cd8e734e505635f04fa8

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''.

99e9271d140d8431425a3dddfd5ead8f45187131af49affe0325beeb7ec98ff7

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.''.

73a303dd57affbfce6173a88b5e5ac64b6f389c5de2bf2dbb42ca3d45b8c6707

Section 122 (42 U.S.C. 6022) is amended to read as follows:
``SEC. 122. STATE PLAN.
``(a) In General._Any State desiring to take advantage of this part
shall have a State plan submitted to, and approved by, the Secretary
under this section.
``(b) Planning Cycle._The plan under subsection (a) shall be
reviewed annually and revised at least once every 3 years.
``(c) State Plan Requirements._In order to be approved by the
Secretary under this section, a State plan shall meet the requirements
in paragraphs (1) through (5).
``(1) State council._The plan shall provide for the
establishment and maintenance of a State Developmental Disabilities
Council in accordance with section 124 and describe the membership
of such Council.
``(2) Designated state agency._The plan shall identify the
agency or office within the State designated to support the State
Developmental Disabilities Council in accordance with this section
and section 124(d).
``(3) Comprehensive review and analysis._The plan shall contain
a comprehensive review and analysis of the extent to which services
and supports are available to, and the need for services and
supports for, individuals with developmental disabilities and their
families. Such review and analysis shall include_
``(A) a description of the services, supports and other
assistance being provided to, or to be provided to, individuals
with developmental disabilities and their families under other
federally assisted State programs, plans, and policies that the
State conducts and in which individuals with developmental
disabilities are or may be eligible to participate, including
programs relating to education, job training, vocational
rehabilitation, public assistance, medical assistance, social
services, child welfare, maternal and child health, aging,
programs for children with special health care needs,
children's mental health, housing, transportation, technology,
comprehensive health and mental health, and such other programs
as the Secretary may specify;
``(B) a description of the extent to which agencies
operating such other federally assisted State programs pursue
interagency initiatives to improve and enhance services,
supports, and other assistance for individuals with
developmental disabilities; and
``(C) an examination of the provision, and the need for the
provision, in the State of the four Federal priority areas and
an optional State priority area, including_
``(i) an analysis of such Federal and State priority
areas in relation to the degree of support for individuals
with developmental disabilities attributable to either
physical impairment, mental impairment, or a combination of
physical and mental impairments;
``(ii) an analysis of criteria for eligibility for
services, including specialized services and special
adaptation of generic services provided by agencies within
the State, that may exclude individuals with developmental
disabilities from receiving such services;
``(iii) an analysis of the barriers that impede full
participation of members of unserved and underserved
groups;
``(iv) consideration of the report conducted pursuant
to section 124(e);
``(v) consideration of the data collected by the State
educational agency under section 618 of the Individuals
with Disabilities Education Act;
``(vi) an analysis of services, assistive technology,
or knowledge that may be unavailable to assist individuals
with developmental disabilities;
``(vii) an analysis of existing and projected fiscal
resources;
``(viii) an analysis of any other issues identified by
the State Developmental Disabilities Council; and
``(ix) the formulation of objectives in systemic
change, capacity building, and advocacy to address the
issues described in clauses (i) through (vi) for all
subpopulations of individuals with developmental
disabilities that may be identified by the State
Developmental Disabilities Council.
``(4) Plan objectives._The plan shall_
``(A) specify employment, and at the discretion of the
State, any or all of the three other Federal priority areas and
an optional State priority area that are selected by the State
Developmental Disabilities Council for such Council's major
systemic change, capacity building, and advocacy activities to
be addressed during the plan period and describe the extent and
scope of the Federal and State priority areas that will be
addressed under the plan in the fiscal year;
``(B) describe the specific 1-year and 3-year objectives to
be achieved and include a listing of the programs, activities,
and resources by which the State Developmental Disabilities
Council will implement its systemic change, capacity building,
and advocacy activities in selected priority areas, and set
forth the non-Federal share required to carry out each
objective; and
``(C) establish a method for the periodic evaluation of the
plan's effectiveness in meeting the objectives described in
subparagraph (B).
``(5) Assurances._The plan shall contain or be supported by the
assurances described in subparagraphs (A) through (N), which are
satisfactory to the Secretary.
``(A) Use of funds._With respect to the funds paid to the
State under section 125, the plan shall provide assurances
that_
``(i) such funds will be used to make a significant
contribution toward enhancing the independence,
productivity, and integration and inclusion into the
community of individuals with developmental disabilities in
various political subdivisions of the State;
``(ii) such funds will be used to supplement and to
increase the level of funds that would otherwise be made
available for the purposes for which Federal funds are
provided and not to supplant non-Federal funds;
``(iii) such funds will be used to complement and
augment rather than duplicate or replace services for
individuals with developmental disabilities and their
families who are eligible for Federal assistance under
other State programs;
``(iv) part of such funds will be made available by the
State to public or private entities;
``(v) not more than 25 percent of such funds will be
allocated to the agency designated under section 124(d) for
service demonstration by such agency and that such funds
and demonstration services have been explicitly authorized
by the State Developmental Disabilities Council;
``(vi) not less than 65 percent of the amount available
to the State under section 125 shall be expended for
activities in the Federal priority area of employment
activities, and, at the discretion of the State, activities
in any or all of the three other Federal priority areas and
an optional State priority area; and
``(vii) the remainder of the amount available to the
State from allotments under section 125 (after making
expenditures required by clause (vi)) shall be used for the
planning, coordination, administration, and implementation
of priority area activities, and other activities relating
to systemic change, capacity building, and advocacy to
implement the responsibilities of the State Developmental
Disabilities Council pursuant to section 124(c).
``(B) State financial participation._The plan shall provide
assurances that there will be reasonable State financial
participation in the cost of carrying out the State plan.
``(C) Conflict of interest._The plan shall provide
assurances that the State Developmental Disabilities Council
has approved conflict of interest policies as of October 1,
1994, to ensure that no member of such Council shall cast a
vote on any matter that would provide direct financial benefit
to the member or otherwise give the appearance of a conflict of
interest.
``(D) Urban and rural poverty areas._The plan shall provide
assurances that special financial and technical assistance
shall be given to organizations that provide services,
supports, and other assistance to individuals with
developmental disabilities who live in areas designated as
urban or rural poverty areas.
``(E) Program standards._The plan shall provide assurances
that programs, projects, and activities assisted under the
plan, and the buildings in which such programs, projects, and
activities are operated, will meet standards prescribed by the
Secretary in regulation and all applicable Federal and State
accessibility standards.
``(F) Individualized services._The plan shall provide
assurances that any direct services provided to individuals
with developmental disabilities and funded under this plan will
be provided in an individualized manner, consistent with unique
strengths, resources, priorities, concerns, abilities, and
capabilities of an individual.
``(G) Human rights._The plan shall provide assurances that
the human rights of all individuals with developmental
disabilities (especially those individuals without familial
protection) who are receiving services under programs assisted
under this part will be protected consistent with section 110
(relating to rights of individuals with developmental
disabilities).
``(H) Minority participation._The plan shall provide
assurances that the State has taken affirmative steps to assure
that participation in programs under this part is
geographically representative of the State, and reflects the
diversity of the State with respect to race and ethnicity.
``(I) Intermediate care facility for the mentally retarded
survey reports._The plan shall provide assurances that the
State will provide the State Developmental Disabilities Council
with a copy of each annual survey report and plan of
corrections for cited deficiencies prepared pursuant to section
1902(a)(31) of the Social Security Act with respect to any
intermediate care facility for the mentally retarded in such
State not less than 30 days after the completion of each such
report or plan.
``(J) Volunteers._The plan shall provide assurances that
the maximum utilization of all available community resources
including volunteers serving under the Domestic Volunteer
Service Act of 1973 and other appropriate voluntary
organizations will be provided for, except that such volunteer
services shall supplement, and shall not be in lieu of,
services of paid employees.
``(K) Employee protections._The plan shall provide
assurances that fair and equitable arrangements (as determined
by the Secretary after consultation with the Secretary of
Labor) will be provided to protect the interests of employees
affected by actions under the plan to provide community living
activities, including arrangements designed to preserve
employee rights and benefits and to provide training and
retraining of such employees where necessary and arrangements
under which maximum efforts will be made to guarantee the
employment of such employees.
``(L) Staff assignments._The plan shall provide assurances
that the staff and other personnel of the State Developmental
Disabilities Council, while working for the Council, are
responsible solely for assisting the Council in carrying out
its duties under this part and are not assigned duties by the
designated State agency or any other agency or office of the
State.
``(M) Noninterference._The plan shall provide assurances
that the designated State agency or other office of the State
will not interfere with systemic change, capacity building, and
advocacy activities, budget, personnel, State plan development,
or plan implementation of the State Developmental Disabilities
Council, except that the designated State agency shall have the
authority necessary to carry out the responsibilities described
in section 124(d)(3).
``(N) Other assurances._The plan shall contain such
additional information and assurances as the Secretary may find
necessary to carry out the provisions and purposes of this
part.
``(d) Public Review, Submission, and Approval._
``(1) Public review._The plan shall be made available for
public review and comment with appropriate and sufficient notice in
accessible formats and take into account and respond to significant
suggestions, as prescribed by the Secretary in regulation.
``(2) Consultation with the designated state agency._Before the
plan is submitted to the Secretary, the State Developmental
Disabilities Council shall consult with the designated State agency
to ensure that the State plan is consistent with State law and to
obtain appropriate State plan assurances.
``(3) Plan approval._The Secretary shall approve any State plan
and annual updates of such plan that comply with the provisions of
subsections (a), (b), and (c). The Secretary may not finally
disapprove a State plan except after providing reasonable notice
and an opportunity for a hearing to the State.''.

d68c9775670ba1e3c653109f4d2daf5da8a4b14a1a664bec8b7ffe1dfb5d21a1

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

11e61e0053d00160d07450599f12b97af86038f1dbe91872d19cfd8a7114cf11

0e56ff0ba01a8d251764340c93697bea930a3cb03c2a3d230d1a3672a2c7d410

(a) Section Heading._Section 125 (42 U.S.C. 6025) is amended_
(1) by striking ``Sec. 125.''; and
(2) in the section heading, by striking ``state allotments''
and inserting the following new section heading:
``SEC. 125. STATE ALLOTMENTS.''.
(b) Allotments._Section 125 (42 U.S.C. 6025) is amended_
(1) in subsection (a)_
(A) in paragraph (1)_
(i) by realigning the margins of subparagraphs (A),
(B), and (C) so as to align with the margin of subparagraph
(A) of paragraph (4); and
(ii) by realigning the margin of the matter following
subparagraph (C) so as to align with the margin of
paragraph (3);
(B) by striking ``(a)(1) For'' and inserting the following:
``(a) Allotments._
``(1) In general._For'';
(C) in paragraph (2)_
(i) by striking ``(2) Adjustments'' and inserting the
following:
``(2) Adjustments._Adjustments'';
(ii) by striking ``may be'' and inserting ``shall be'';
and
(iii) by striking ``not less'' and inserting ``and the
percentage of the total appropriation for each State not
less'';
(D) in paragraph (3)_
(i) by striking ``(3)(A) Except'' and all that follows
through ``September 30, 1990.'' and inserting the
following:
``(3) Minimum allotment for appropriations less than or equal
to $75,000,000._
``(A) In general._Except as provided in paragraph (4), for
any fiscal year the allotment under this section_
``(i) to each of American Samoa, Guam, the United
States Virgin Islands, the Commonwealth of the Northern
Mariana Islands, or the Republic of Palau (until the
Compact of Free Association with Palau takes effect) may
not be less than the greater of_
``(I) $210,000; or
``(II) the greater of the allotment received by
such State for fiscal year 1992, or the allotment
received by such State for fiscal year 1993, under this
section (determined without regard to subsection (d));
and
``(ii) to any State not described in clause (i), may
not be less than the greater of_
``(I) $400,000; or
``(II) the greater of the allotment received by
such State for fiscal year 1992, or the allotment
received by such State for fiscal year 1993, under this
section (determined without regard to subsection
(d)).''; and
(ii) by striking ``(B) Notwithstanding'' and inserting
the following:
``(B) Reduction of allotment._Notwithstanding'';
(E) in paragraph (4), to read as follows:
``(4) Minimum allotment for appropriations in excess of
$75,000,000._
``(A) In general._In any case in which amounts appropriated
under section 130 for a fiscal year exceeds $75,000,000, the
allotment under this section for such fiscal year_
``(i) to each of American Samoa, Guam, the United
States Virgin Islands, the Commonwealth of the Northern
Mariana Islands or the Republic of Palau (until the Compact
of Free Association with Palau takes effect) may not be
less than the greater of_
``(I) $220,000; or
``(II) the greater of the allotment received by
such State for fiscal year 1992, or the allotment
received by such State for fiscal year 1993, under this
section (determined without regard to subsection (d));
and
``(ii) to any State not described in clause (i) may not
be less than the greater of_
``(I) $450,000; or
``(II) the greater of the allotment received by
such State for fiscal year 1992, or the allotment
received by such State for fiscal year 1993, under this
section (determined without regard to subsection (d)).
``(B) Reduction of allotment._The requirements of paragraph
(3)(B) shall apply with respect to amounts to be allotted to
States under subparagraph (A), in the same manner and to the
same extent as such requirements apply with respect to amounts
to be allotted to States under paragraph (3)(A).'';
(F) in paragraph (5)_
(i) by striking ``In determining'' and inserting
``State supports, services, and other activities._In
determining''; and
(ii) by striking, ``section 122(b)(2)(C)'' and
inserting ``section 122(c)(3)(A)''; and
(G) in paragraph (6), by striking ``In any case'' and
inserting ``Increase in allotments._In any case'';
(2) in subsection (b), by striking ``Any amount'' and inserting
``Unobligated Funds._Any amount'';
(3) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Obligation of Funds._For the purposes of this part, State
Interagency Agreements are considered valid obligations for the purpose
of obligating Federal funds allotted to the State under this part.'';
(5) in subsection (d) (as redesignated by paragraph (3)), by
striking ``Whenever'' and inserting ``Cooperative Efforts Between
States._Whenever''; and
(6) in subsection (e) (as redesignated by paragraph (3)), by
striking ``The amount'' and inserting ``Reallotments._The amount''.

c9e12cc90f5064fa1e1e61a63a4b7f05dd9cce6b1e6ce521179a8aa527d81a66

Part B of title I of the Act is amended by inserting after section
125 (42 U.S.C. 6025) the following new section:
``SEC. 125A. FEDERAL AND NON-FEDERAL SHARE.
``(a) Aggregate Costs._The Federal share of all projects in a State
supported by an allotment to the State under this part may not exceed
75 percent of the aggregate necessary costs of all such projects as
determined by the Secretary, except that_
``(1) in the case of projects whose activities or products
target individuals with developmental disabilities who live in
urban or rural poverty areas, the Federal share of all such
projects may not exceed 90 percent of the aggregate necessary costs
of such projects or activities, as determined by the Secretary; and
``(2) in the case of projects or activities undertaken by the
Council or Council staff to implement State plan priority
activities, the Federal share of all such activities may be up to
100 percent of the aggregate necessary costs of such activities.
``(b) Nonduplication._In determining the amount of any State's
Federal share of the expenditures incurred by such State under a State
plan approved under section 122, the Secretary shall not consider_
``(1) any portion of such expenditures that are financed by
Federal funds provided under any provision of law other than
section 125; and
``(2) the amount of any non-Federal funds required to be
expended as a condition of receipt of such Federal funds.
``(c) Non-Federal Share._
``(1) In kind contributions._The non-Federal share of the cost
of any project assisted by a grant or an allotment under this part
may be provided in kind.
``(2) Contributions of political subdivisions, public, or
private entities._
``(A) In general._Expenditures on projects or activities by
a political subdivision of a State or by a public or private
entity shall, subject to such limitations and conditions as the
Secretary may by regulation prescribe, be considered to be
expenditures by such State in the case of a project under this
part.
``(B) State contributions._State contributions, including
contributions by the designated State agency to provide support
services to the Council pursuant to section 124(d)(4), may be
counted as part of such State's non-Federal share of allotments
under this part.
``(3) Variations of the non-federal share._The non-Federal
share required on a grant-by-grant basis may vary.''.

28f94302c19456ef20efd29c73ab979fa893cf6ba1fae38e8480ccb0887c7c2b

SERVICES.
Section 126 (42 U.S.C. 6026) is amended_
(1) by striking ``Sec. 126.'' and inserting ``(a) State Plan
Expenditures._'';
(2) in the section heading, by striking ``payments to the
states for planning, administration and services'' and inserting
the following new section heading:
``SEC. 126. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION, AND
SERVICES.'';
and
(3) by adding at the end the following new subsection:
``(b) Support Services._Payments to States for support services
provided by the designated State agency pursuant to section 124(d)(4)
may be made in advance or by way of reimbursement, and in such
installments as the Secretary may determine.''.

f1413c96fc23663d8df6345e20e254ed692788b89533ae0612ad488a2394c8ae

SERVICES.
Section 127 (42 U.S.C. 6027) is amended_
(1) in the matter preceding paragraph (1), by striking ``Sec.
127.'';
(2) in the section heading by striking ``withholding of
payments for planning, administration and services'' and inserting
the following new section heading:
``SEC. 127. WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION, AND
SERVICES.'';
and
(3) in paragraph (1), by striking ``sections'' and inserting
``section''.

bece8f2dfa9da14466c9cc6ac35676179893b2803396f39c4674181298ca37ad

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

325471c36afc1327b8e4017a219d0a956fc09ae7afa1f8e4582f85accb0fc54b

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

e00f5c61f91b7d13be407736b4b35bae636602e7da5bfab07136905f9d5d8ac1

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

6ab2bb5b56863c8eca22b3b91642c05a3ec0353730bb9e75c55fc8f46d59bfa0

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

dda827def3f0023530d526706308deb80d00bf8b9ecc2ebb53c666c158120ecb

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''.

48c4f6757ea236d1b919a9503df48216e34302b68898ce73f1c8608cd805c29b

Section 141 (42 U.S.C. 6041) is amended_
(1) by striking ``Sec. 141.'';
(2) in the section heading, by striking ``purpose'' and
inserting the following new section heading:
``SEC. 141. PURPOSE.'';
(3) by striking ``system'' and inserting ``Protection and
Advocacy system (hereafter referred to in this part as the
`system')''; and
(4) by striking ``persons'' and inserting ``individuals''.

783f9afd681fb98e23c4a8a1b8fcb868cdb5a29346860e353099f64a65b5b89b

(a) Section Heading._Section 142 (42 U.S.C. 6042) is amended_
(1) by striking ``Sec. 142.''; and
(2) in the section heading, by striking ``system required'' and
inserting the following new section heading:
``SEC. 142. SYSTEM REQUIRED.''.
(b) System._Section 142 (42 U.S.C. 6042) is amended_
(1) in subsection (a)_
(A) by striking ``In order'' and inserting ``System
Required._In order'';
(B) in paragraph (1), by striking ``persons'' and inserting
``individuals'';
(C) in paragraph (2)_
(i) by striking ``persons'' each place such term
appears and inserting ``individuals'';
(ii) in subparagraph (A), by striking ``minority'' and
inserting ``ethnic and racial minority'';
(iii) by striking subparagraph (C);
(iv) in subparagraph (E), by striking ``Planning
Council'' and inserting ``Developmental Disabilities
Council authorized under part B'';
(v) in subparagraph (F), by striking ``and'' at the end
thereof; and
(vi) in subparagraph (G)_
(I) in clause (i), by striking ``person'' each
place such term appears and inserting ``individual'';
(II) in the matter preceding subclause (I) of
clause (ii), by striking ``person'' and inserting
``individual'';
(III) in clause (ii)(I), by striking ``by reason of
the mental or physical condition of such person'' and
inserting ``by reason of such individual's mental or
physical condition'';
(IV) in clause (ii)(III), by striking ``person''
and inserting ``individual'';
(V) in clause (iii), by realigning the margins of
subclauses (I), (II), and (III) so as to align with the
margins of subclauses (I), (II), and (III) of clause
(ii);
(VI) in clause (iii), by striking ``(iii) any'' and
inserting the following:
``(iii) any''; and
(VII) in clause (iii)(III), by striking ``person''
and inserting ``individual'';
(vii) by redesignating subparagraphs (D), (E), (F), and
(G) as subparagraphs (E), (F), (G), and (I), respectively;
(viii) by inserting after subparagraph (B) the
following new subparagraphs:
``(C) on an annual basis, develop a statement of objectives
and priorities for the system's activities; and
``(D) on an annual basis, provide to the public, including
individuals with developmental disabilities attributable to
either physical impairment, mental impairment, or a combination
of physical or mental impairments, and their representatives,
as appropriate, non-State agency representatives of the State
Developmental Disabilities Council, and the university
affiliated program (if applicable within a State), an
opportunity to comment on_
``(i) the objectives and priorities established by the
system and the rationale for the establishment of such
objectives; and
``(ii) the activities of the system, including the
coordination with the advocacy programs under the
Rehabilitation Act of 1973, the Older Americans Act of
1965, and the Protection and Advocacy for Mentally Ill
Individuals Act of 1986, and with other related programs,
including the parent training and information centers,
education ombudsman programs and assistive technology
projects;'';
(ix) by inserting after subparagraph (G), as so
redesignated in clause (vii), the following new
subparagraph:
``(H) have access at reasonable times and locations to any
resident who is an individual with a developmental disability
in a facility that is providing services, supports, and other
assistance to such a resident;'';
(x) by adding at the end the following new
subparagraphs:
``(J) hire and maintain sufficient numbers and types of
staff, qualified by training and experience, to carry out such
system's function except that such State shall not apply hiring
freezes, reductions in force, prohibitions on staff travel, or
other policies, to the extent that such policies would impact
staff or functions funded with Federal funds and would prevent
the system from carrying out its functions under this Act;
``(K) have the authority to educate policymakers; and
``(L) provide assurances to the Secretary that funds
allotted to the State under this section will be used to
supplement and increase the level of funds that would otherwise
be made available for the purposes for which Federal funds are
provided and not to supplant such non-Federal funds;'';
(D) by striking paragraphs (3) and (5);
(E) in paragraph (4)_
(i) by striking ``the State'' and all that follows
through ``provided with'' and inserting ``the State must
provide to the system'';
(ii) by striking ``1902(a)(31)(B)'' and inserting
``1902(a)(31)''; and
(iii) by redesignating such paragraph as paragraph (3);
and
(F) by adding at the end the following new paragraph:
``(4) the agency implementing the system will not be
redesignated unless there is good cause for the redesignation and
unless_
``(A) notice has been given of the intention to make such
redesignation to the agency that is serving as the system
including the good cause for such redesignation and the agency
has been given an opportunity to respond to the assertion that
good cause has been shown;
``(B) timely notice and opportunity for public comment in
an accessible format has been given to individuals with
developmental disabilities or their representatives; and
``(C) the system has the opportunity to appeal to the
Secretary that the redesignation was not for good cause.'';
(2) in subsection (b)_
(A) by striking ``(b)(1) To'' and inserting the following:
``(b) Allotments._
``(1) In general._To'';
(B) in paragraph (1)_
(i) in subparagraph (A), to read as follows:
``(A) the total amount appropriated under section 143 for a
fiscal year is at least $20,000,000_
``(i) the allotment of each of American Samoa, Guam,
the United States Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and the Republic of Palau (until
the Compact of Free Association with Palau takes effect)
for such fiscal year may not be less than the greater of_
``(I) $107,000; or
``(II) the greater of the allotment received by
such State for fiscal year 1992, or the allotment
received by such State for fiscal year 1993, under this
section (determined without regard to subsection (d));
and
``(ii) the allotment of any State not described in
clause (i) for such fiscal year may not be less than the
greater of_
``(I) $200,000; or
``(II) the greater of the allotments received by
such State for fiscal year 1992, or the allotment
received by such State for fiscal year 1993, under this
section (determined without regard to subsection
(d)).''; and
(ii) in subparagraph (B), to read as follows:
``(B) the total amount appropriated under section 143 for a
fiscal year is less than $20,000,000_
``(i) the allotment of each of American Samoa, Guam,
the United States Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and the Republic of Palau (until
the Compact of Free Association with Palau takes effect)
for such fiscal year may not be less than the greater of_
``(I) $80,000; or
``(II) the greater of the allotment received by
such State for fiscal year 1992, or the allotment
received by such State for fiscal year 1993, under this
section (determined without regard to subsection (d));
and
``(ii) the allotment of any State not described in
clause (i) for such fiscal year may not be less than the
greater of_
``(I) $150,000; or
``(II) the greater of the allotment received by
such State for fiscal year 1992, or the allotment
received by such State for fiscal year 1993, under this
section (determined without regard to subsection
(d)).'';
(C) by realigning the margins of subparagraphs (A) and (B)
of paragraph (2) so as to align with subparagraphs (A) through
(C) of subsection (a)(4);
(D) by realigning the margins of paragraphs (2) through (4)
so as to align with paragraph (4) of subsection (a);
(E) in paragraph (2), by striking ``In any case'' and
inserting ``Increase in allotments._In any case'';
(F) in paragraph (3), by striking ``A State'' and inserting
``Monitoring the administration of the system._A State'';
(G) in paragraph (4), by striking ``Notwithstanding'' and
inserting ``Reduction of allotment._Notwithstanding''; and
(H) by inserting at the end the following new paragraph:
``(5) Technical assistance and american indian consortium._In
any case in which amounts appropriated under section 143 for a
fiscal year exceeds $24,500,000, the Secretary shall_
``(A) use not more than 2 percent of the amounts
appropriated to provide technical assistance (consistent with
requests by such systems for such assistance in the year that
appropriations reach $24,500,000) to eligible systems with
respect to activities carried out under this title; and
``(B) provide grants in accordance with paragraph (1)(A)(i)
to American Indian Consortiums to provide protection and
advocacy services.'';
(3) in subsection (c), by striking ``Any amount'' and inserting
``Unobligated Funds._Any amount'';
(4) in subsection (d)_
(A) in the matter preceding paragraph (1), by striking ``In
States'' and inserting ``Governing board._In States'';
(B) in paragraph (1), by inserting before the semicolon
``and include individuals with developmental disabilities who
are eligible for services, or have received or are receiving
services, or parents, family members, guardians, advocates, or
authorized representatives of such individuals'';
(C) in paragraph (2), by striking ``and'' at the end
thereof;
(D) in paragraph (3), by striking the period and inserting
``; and''; and
(E) by adding at the end the following new paragraph:
``(4) in States in which the system is organized as a public
system without a multimember governing or advisory board, the
system shall establish an advisory council that shall_
``(A) advise the system on policies and priorities to be
carried out in protecting and advocating the rights of
individuals with developmental disabilities; and
``(B) consist of a majority of individuals with
developmental disabilities who are eligible for services, or
have received or are receiving services, or parents, family
members, guardians, advocates, or authorized representatives of
such individuals.'';
(5) in subsection (e), by striking ``As used'' and inserting
``Records._As used'';
(6) in subsection (f)_
(A) by striking ``If the'' and inserting ``Access to
Records._If the''; and
(B) in the matter preceding paragraph (1) by striking
``persons'' and inserting ``individuals'';
(7) in subsection (g)_
(A) by striking ``(g)(1) Nothing'' and inserting the
following:
``(g) Legal Action._
``(1) In general._Nothing'';
(B) in paragraph (1), by striking ``persons'' and inserting
``individuals''; and
(C) in paragraph (2), by striking ``(2) Amounts'' and
inserting the following:
``(2) Use of amounts from judgment._Amounts'';
(8) in subsection (h), by striking ``Notwithstanding'' and
inserting ``Payment to Systems._Notwithstanding'';
(9) by redesignating subsections (b) through (h) as subsections
(c) through (i), respectively;
(10) by inserting after subsection (a) the following new
subsection:
``(b) American Indian Consortium._Upon application to the
Secretary, an American Indian consortium, as defined in section 102,
established to provide protection and advocacy services under this
part, shall receive funding pursuant to subsection (c)(5). Such
consortium shall coordinate activities with existing systems.''; and
(11) by adding at the end the following new subsections:
``(j) Disclosure of Information._For purposes of any periodic
audit, report, or evaluation required under this Act, the Secretary
shall not require a program to disclose the identity of, or any other
personally identifiable information related to, any individual
requesting assistance under such program.
``(k) Public Notice of Federal Onsite Review._The Secretary shall
provide advance public notice of any Federal programmatic and
administrative review and solicit public comment on the system funded
under this part through such notice. The findings of the public comment
solicitation notice shall be included in the onsite visit report. The
results of such review shall be distributed to the Governor of the
State and to other interested public and private parties.''.

52a7c3acad0658e284da7f4666b8970138b8e640ab5d617317e25e8858c030b3

Section 143 (42 U.S.C. 6043) is amended_
(1) by striking ``Sec. 143.'';
(2) in the section heading, by striking ``authorization of
appropriations'' and inserting the following new section heading:
``SEC. 143. AUTHORIZATION OF APPROPRIATIONS.'';
(3) by striking ``$24,200,000 for fiscal year 1991'' and
inserting ``$24,000,000 for fiscal year 1994''; and
(4) by striking ``fiscal years 1992 and 1993'' and inserting
``fiscal years 1995 and 1996''.
TITLE IV_UNIVERSITY AFFILIATED PROGRAMS

6c8ccddde506c0068eb853693e1c961fa27ac7bd3c9a49b1e3ad6387a4e7ad1e

The heading of part D of title I of the Act is amended to read as
follows:
``PART D_UNIVERSITY AFFILIATED PROGRAMS''.

9c4a8e6acac1f092e68d780d3769d4e1a92e186f224b6bc3e31472ebd1ae1eeb

Section 151 (42 U.S.C. 6061) is amended to read as follows:
``SEC. 151. PURPOSE AND SCOPE OF ACTIVITIES.
``The purpose of this part is to provide for grants to university
affiliated programs that are interdisciplinary programs operated by
universities, or by public or nonprofit entities associated with a
college or university, to provide a leadership role in the promotion of
independence, productivity, and integration and inclusion into the
community of individuals with developmental disabilities through the
provision of the following activities, which are conducted in a
culturally competent manner:
``(1) Interdisciplinary preservice preparation of students and
fellows, including the preparation of leadership personnel.
``(2) Community service activities that shall include community
training and technical assistance for or with individuals with
developmental disabilities, family members of individuals with
developmental disabilities, professionals, paraprofessionals,
students, and volunteers. Such activities may include state-of-the-
art direct services including family support, individual support,
personal assistance services, educational, vocational, clinical,
health, prevention, or other direct services.
``(3) Dissemination of information and research findings, which
may include the empirical validation of activities relevant to the
purposes described in paragraphs (1) and (2) and contributions to
the development of new knowledge in the field of developmental
disabilities.''.

b9c1e2e79c9e0130ff866a8e1b4ab3ec58e06f6743cc0233d04abb898ecac090

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

ad9a3472c0ff6d19f945fcac4ba80e91d7aead1030924f0e5a80932219f0fad6

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

a93ac50ab239d133f3b2110b0e85c4f6550c27c067c9ef058c6b93a14c28094f

Section 154 (42 U.S.C. 6064) is amended to read as follows:
``SEC. 154. PRIORITY FOR GRANT AWARDS.
``(a) In General._In awarding and distributing grant funds under
this part, the Secretary, subject to the availability of
appropriations, shall award and distribute grant funds in accordance
with the following order of priorities:
``(1) Existing state university affiliated programs._First
priority shall be given, with respect to the provision of grant
awards under section 152(a) in the amount of $200,000, to an
existing State university affiliated program that meets the
requirements under section 153.
``(2) Unserved states._Second priority shall be given, with
respect to the provision of grant awards under section 152(a) in
the amount of $200,000, to a university or public or nonprofit
entity associated with a college or university that desires to
establish a university affiliated program in a State that is
unserved by a university affiliated program as of the date of
enactment of the Developmental Assistance and Bill of Rights Act
Amendments of 1994.
``(3) Training projects in all university affiliated programs._
Third priority shall be given, with respect to the provision of
grant awards, to each university affiliated program that receives
funding under section 152(a) and that meets the eligibility
limitations under section 152(b) to the establishment of training
projects under section 152(b) in the amount of $90,000 in each such
program.
``(4) Increased funding for training projects._Fourth priority
shall be given, with respect to the provision of grant awards, to
the provision of an increase in the amount of a training project
grant award under section 152(b) to $100,000.
``(5) Increased funding for university affiliated programs._
Fifth priority shall be given, with respect to the provision of
grant awards, to the provision of an increase in the amount of a
university affiliated program grant award under section 152(a) to
$250,000.
``(6) Additional training._Sixth priority shall be given, with
respect to the provision of grant awards, to an existing university
affiliated program in a State that is served by such program under
section 152(a) to provide additional training under subsection (b)
or (c) of section 152 within such State or other geographic
regions, or to a university or public or nonprofit entity
associated with a college or university that desires to establish
another university affiliated program within such State under
section 152(a). All applications submitted to the Secretary for
such grant awards shall document plans for coordinating activities
with an existing university affiliated program in the State (if
applicable) and in consultation with the State Developmental
Disabilities Council.
``(b) Additional Programs._For purposes of making grants under
subsection (a)(6), the Secretary shall consider applications for grants
for university affiliated programs_
``(1) for States that are currently underserved by a university
affiliated program; and
``(2) that are in addition to the total number of university
affiliated programs receiving grants under this subsection for the
preceding fiscal year.
``(c) Single Application._When every State is served by a
university affiliated program under section 152(a) in the amount of
$200,000 and every such program has been awarded a training grant under
section 152(b) in the amount of $90,000, the Secretary may accept
applications under such sections in a single application.''.

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Part D of title I (42 U.S.C. 151 et seq.) is amended by adding at
the end the following new sections:
``SEC. 155. DEFINITION.
``For purposes of this part, the term `State' means each of the
several States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, and
Guam.
``SEC. 156. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General._For the purpose of making grants under
subsections (a), (b), (c), and (d) of section 152, there are authorized
to be appropriated $19,000,000 for fiscal year 1994, and such sums as
may be necessary for each of the fiscal years 1995 and 1996.
``(b) Limitation._With respect to peer review or other activities
directly related to peer review, the Secretary may not use_
``(1) for fiscal year 1994, more than $300,000 of the funds
made available under subsection (a) for such review or such other
activities; and
``(2) for any succeeding fiscal year, more than the amount of
the funds made available under paragraph (1) adjusted to take into
account the increase in the Consumer Price Index for such fiscal
year for such review or such other activities.''.
TITLE V_PROJECTS OF NATIONAL SIGNIFICANCE

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The heading of part E of title I of the Act is amended to read as
follows:
``PART E_PROJECTS OF NATIONAL SIGNIFICANCE''.

f39c416eb9047e9651043a09aed0da899141321cd4ae446033b930c5884b95b8

Section 161 (42 U.S.C. 6081) is amended to read as follows:
``SEC. 161. PURPOSE.
``The purpose of this part is to provide for grants and contracts
for projects of national significance that support the development of
national and State policy to enhance the independence, productivity,
and integration and inclusion of individuals with developmental
disabilities through_
``(1) data collection and analysis;
``(2) technical assistance to enhance the quality of State
Developmental Disabilities Councils, protection and advocacy
systems, and university affiliated programs; and
``(3) other projects of sufficient size and scope that hold
promise to expand or improve opportunities for individuals with
developmental disabilities, including_
``(A) technical assistance for the development of
information and referral systems;
``(B) educating policymakers;
``(C) Federal interagency initiatives;
``(D) the enhancement of participation of racial and ethnic
minorities in public and private sector initiatives in
developmental disabilities;
``(E) transition of youth with developmental disabilities
from school to adult life; and
``(F) special pilots and evaluation studies to explore the
expansion of programs under part B to individuals with severe
disabilities other than developmental disabilities.''.

c2aa4dc5bdcdeb6ad27827cc4695d95b9d014ac5dd9fa49d6f28348838cb0b47

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

9976c18dd840de1d419c741937472fdf4b614b40cbdb80512b9f68699a8413e5

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

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Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994

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