101st CONGRESS
2d Session
S. 2753
AMENDMENTS
S 2753 EAH
In the House of Representatives, U. S.,
October 10, 1990.
Resolved, That the bill from the Senate (S. 2753) entitled `An Act to
reauthorize the Developmental Disabilities Assistance and Bill of Rights
Act', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:

ee0104506a09a111e7305af174b54f4316dc1b0c44ca4bd35e8b55cebb6647d1

This Act may be cited as the `Developmental Disabilities Assistance and
Bill of Rights Act of 1990'.

15c5f5a8c13a012167940aec2c78a57c5654ed7ccdb00520f299d29e309333ac

Except as otherwise provided, whenever in this Act an amendment or repeal
is expressed in terms of an amendment to, or 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.

d2702c7ecb42ea3d7305868ddf9f637fb5ea2faebd48f8aec0e59f85c1b7b37c

Section 101 of the Act is amended--
(1) in subsection (a)--
(A) by striking `there are more than two' in paragraph (1) and inserting
`in 1990 there are more than three';
(B) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9),
respectively; and
(C) by inserting after paragraph (6) the following new paragraph:
`(7) a substantial portion of persons with developmental disabilities
remain unserved or underserved;'; and
(2) in subsection (b)--
(A) by striking `and' at the end of paragraph (2);
(B) by redesignating paragraph (3) as paragraph (8); and
(C) by inserting after paragraph (2) the following new paragraphs:
`(3) to provide interdisciplinary training and technical assistance to
professionals, paraprofessionals, family members, and individuals with
developmental  disabilities;
`(4) to advocate for public policy change and community acceptance of
all people with developmental disabilities and their families so that such
persons receive the services, supports and other assistance and opportunities
necessary to enable such persons to achieve their maximum potential through
increased independence, productivity and integration into the community;
`(5) to promote the inclusion of all persons with developmental disabilities,
including persons with the most severe disabilities, in community life;
`(6) to promote the interdependent activity of all persons with developmental
disabilities, including persons with the most severe disabilities;
`(7) to recognize the contribution of all persons with developmental
disabilities as such persons share their talents at home, school, and work,
and in recreation and leisure time; and'.

35203c1bc0c6c7d2dc0ff73b13232fe217baf21f705c411737a8432e137c03fa

Section 102 of the Act is amended--
(1) in paragraph (5)--
(A) by inserting `5 years of age or older' after `of a person';
(B) by striking the period at the end of subparagraph (E) and inserting
a semicolon; and
(C) by adding after and below subparagraph (E) the following:
`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.';
(2) in paragraph (8), by striking `nondisabled citizens' each place such
term appears and inserting `citizens without disabilities';
(3) in subparagraph (A) of paragraph (8)--
(A) by striking `and' at the end of clause (i);
(B) by inserting `and integrated employment,' after `activities' in clause
(ii); and
(C) by inserting before the matter at the end of subparagraph (A) the
following new clauses:
`(iii) use of the same community resources by persons with developmental
disabilities living, learning, working, and enjoying life in regular
contact with citizens without disabilities, and
`(iv) development of friendships and relationships with persons without
disabilities,';
(4) in subparagraph (B) of paragraph (8), by striking `or in home-like
settings';
(5) in paragraph (9), by striking `specialized services or special adaptation
of generic services' each place such term appears and inserting `special
adaptation of generic services or specialized services';
(6) in clause (iv) of paragraph (9)(B)--
(A) by striking `models' and inserting `approaches, strategies'; and
(B) by inserting `Federal, State and local' before `policymakers';
(7) in paragraph (10), by striking `case management' and inserting `system
coordination and community education';
(8) in paragraph (12), by striking `and family support services' and
inserting `, individual, family and community supports';
(9) in subparagraph (B) of paragraph (17), by inserting `and their families'
after `disabilities' each place such appears;
(10) by striking paragraph (21) and inserting the following new paragraph:
`(21) The term `protection and advocacy system' means a protection and
advocacy system established in accordance with section 142.';
(11) in paragraph (22), by inserting at the end thereof the following new
sentence: `Such term includes assistive technology devices and assistive
technology service.'; and
(12) by inserting at the end thereof the following new paragraphs:
`(24) The term `family support service' means services, supports, and
other assistance provided to families with members with developmental
disabilities, that are designed to--
`(A) strengthen the family's role as primary caregiver,
`(B) prevent inappropriate out of the home placement and maintain family
unity, and
`(C) reunite families with members who have been placed out of the home.
Such term includes respite care, assistive technology, personal assistance,
parent training and counseling, support for elderly parents, vehicular and
home modifications, and assistance with extraordinary expenses associated
with the needs of the person with a developmental disability.
`(25) The term `individual supports' means services, supports, and other
assistance that enable persons with developmental disabilities to be
independent, productive, and integrated into their communities, and that
are designed to--
`(A) enable the person to control his or her environment, permitting the
most independent life possible,
`(B) prevent placement into a more restrictive living arrangement than is
necessary, and
`(C) enable the person to live, learn, work, and enjoy life in the community.
Such term includes personal assistance services, assistive technology,
vehicular and home modifications, support at work, and transportation.
`(26) The term `community supports' means providing activities, services,
supports, and other assistance to persons with developmental disabilities,
and the families and communities of such persons, that are designed to--
`(A) assist neighborhoods and communities to be more responsive to the
needs of persons with developmental disabilities and their families,
`(B) develop local networks which can provide informal support, and
`(C) make communities accessible and enable communities to offer their
resources and opportunities to persons with developmental disabilities
and their families.
Such term includes community education, personal assistance services,
vehicular and home modifications, support at work, and transportation.
`(27) 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 and integration including the encouragement
of the creation of local case management and information and referral
statewide systems, and
`(C) enhance individual, family and citizen participation and involvement.
`(28) 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 a person with a developmental disability.
`(29) The term `assistive technology service' means any service that
directly assists a person 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 a person with a developmental disability,
including a functional evaluation of the person in the person's customary
environment;
`(B) purchasing, leasing or otherwise providing for the acquisition of
assistive technology devices by a person 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 therapies, interventions or services
associated with existing education and rehabilitation plans and programs;
`(E) training or technical assistance for a person with developmental
disabilities, or, where appropriate, the family of a person with a
developmental disability; and
`(F) training or technical assistance for professionals (including persons
providing education and rehabilitation services), employers, or other persons
who provide services to, employ, or are otherwise substantially involved
in the major life functions of a person with developmental disability.
`(30) The term `prevention' means activities which address the causes of
developmental disabilities and the exacerbation of functional limitations,
such as activities which--
`(A) eliminate or reduce the factors which cause or predispose persons to
developmental disabilities or which 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 person's lifespan.'.

07b1b28b46c50f6f3ddcc38ec0cd5ccac91c6456a274560613db73822d40cda0

Section 103 of the Act is amended--
(1) in subsection (a), by striking `located' and inserting `whose activities
or products target people who live';
(2) in subsection (b) by striking `is located' and inserting `activities
or products target people who live'; and
(3) in subsection (c) by inserting `part B of' before `this'.

0263e7e82b545cc29e5a2a6d3f8e3ee674b1fdf2c60f8d54bfadbe15b73bcc94

Section 107 of the Act is amended--
(1) in subsection (a)--
(A) by striking `each annual survey' and all that follows through the
semicolon in paragraph (4) and inserting `any intermediate care facility
for the mentally retarded in such State, and with respect to each annual
survey report prepared pursuant to section 1902(a)(31)(C) of the Social
Security Act and each correction or reduction plan prepared pursuant to
section 1922 of such Act;'; and
(B) in paragraph (5)--
(i) by striking `and advocacy for,' and inserting `advocacy for, and other
actions on behalf of and with';
(ii) by inserting `particularly unserved and underserved groups,' after
`impairments,'; and
(iii) by striking `that the State Planning Council may identify under
sections 122(b)(3) and 122(f)' and inserting `, and a summary of actions
taken to improve access to and services for unserved and underserved groups
that the State Planning Council may have identified';
(2) in subsection (c)(1)--
(A) by striking `April' and inserting `July'; and
(B) by striking `the Handicapped' and inserting `Disability'; and
(3) in subsection (c)(1)(C)--
(A) by striking `and advocacy for,' and inserting `advocacy for, and other
actions on behalf of,';
(B) by inserting `particularly unserved or underserved groups,' after
`impairments,';
(C) by striking `may identify' and inserting `has identified'; and
(D) by inserting `, and a summary of actions taken to improve access to
services for such groups' before the semicolon.

dcadf8e83e917924f1680e6ff1ecffb465390f5682b3ecc48d64f755087a709c

Section 108(b) of the Act is amended--
(1) by inserting after `Developmental Disabilities' the second place
such term appears the following: `the Administration on Children, Youth
and Families, the Administration on Aging, and the Health Resources and
Services Administration,'; and
(2) by inserting at the end thereof the following: `Each meeting of the
interagency committee (except for any meetings of any subcommittees of
the committee) shall be open to the public. Notice of each meeting, and a
statement of the agenda for the meeting, shall be published in the Federal
Register not later than 14 days before the date on which the meeting is
to occur.'.

acdc8717478496a95924119ec85db7624a18e805989a989e8d8a3c9fa818fbdc

Section 109 of the Act is amended by striking `1973'.

54285f925a3e393238e5be470884e0445cdd7d2458f54ddd9df9cf2f06fffdbe

Section 110(4)(A) of the Act is amended by striking `January 17, 1974
(39 Fed. Reg. pt. II)' and inserting `June 3, 1988'.

64569896d84c595548f960b8180c67ef1101647d46b9d5669afb77fc00a50411

Section 121 of the Act is amended by inserting `and their families' before
`through the conduct of'.

f62d76cbdfaeecddedf4775c30e3df22275fbb04fe4780f7783cb76b47ef4bdd

Section 122 of the Act is amended--
(1) in paragraph (1)(B) of subsection (b), by amending the first sentence
to read as follows: `The plan must designate the State agency (hereafter in
this part referred to as the `designated State agency') which, on behalf
of the State, shall receive, account for, and disburse funds under this
part based on the State plan required in section 122, and shall provide
required assurances and other administrative support services.';
(2) in paragraph (2)(C) of subsection (b)--
(A) by inserting `, supports and other assistance' after `scope of services';
(B) by inserting `, or policies affecting,' before `federally';
(C) by inserting `or may be' before `eligible to';
(D) by inserting `child welfare,' after `social services,';
(E) by inserting `transportation, technology,' after `housing,';
(F) by striking `other plans' and inserting `other programs'; and
(G) by striking `and (ii)' and inserting `(ii) the extent to which such
federally assisted State programs develop and pursue interagency initiatives
aimed at improving and enhancing services, supports and other assistance,
which result in increased independence, productivity, and integration into
the community for persons with developmental disabilities, and (iii)';
(3) in paragraph (2) of subsection (b)--
(A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and
(F), respectively;
(B) by inserting `and their families' after `disabilities' in subparagraph
(C)(iii) (as so redesignated); and
(C) by inserting after subparagraph (C) the following new subparagraph:
`(D) assess, and if appropriate, update the findings of the report conducted
pursuant to subsection (f), and report on any progress achieved concerning
issues identified in the report conducted pursuant to such subsection in
the previous fiscal year;';
(4) in paragraph (5)(B) of subsection (b)--
(A) by redesignating clauses (iii) through (vi) as clauses (v) through
(viii), respectively; and
(B) by inserting after clause (ii) the following new clauses:
`(iii) an analysis of the special and common needs of all subpopulations
of persons with developmental disabilities;
`(iv) consideration of the report conducted pursuant to subsection (f);';
(5) in paragraph (5)(D)(i) of subsection (b)--
(A) by striking `and the implementation' and inserting `the implementation';
and
(B) by striking the period at the end and inserting in lieu thereof
the following: `, and activities which address the implementation of
recommendations made in the report described in subsection (f), including
recommendations which address unserved and underserved populations.';
(6) in paragraph (1) of subsection (d)--
(A) by striking `administration of the State Plan approved under this
section' and inserting `exercise of the functions of the State designated
agency';
(B) by striking `all of the State agencies designated under subsection
(b)(1)(B) for the administration or supervision of the administration of
the State plan' and inserting `the State agency designated under subsection
(b)(1)(B)'; and
(C) by inserting at the end thereof the following new sentence: `State
contributions pursuant to this paragraph may be counted as part of such
State's non-Federal share of allotments under this part.';
(7) by adding at the end of subsection (e) the following new paragraph:
`(5) After October 1, 1990, the Planning Council may issue a request
for a review of the designation of the designated State agency by the
Governor.'; and
(8) by striking paragraphs (4) and (5) of subsection (f) and inserting
the following new paragraph:
`(4) Each State Planning Council shall utilize the information developed
pursuant to paragraphs (1), (2), and (3) in developing the State plan.'.

b9ddd78c64e9726d045013f4f89b3668b0b22ff97eaae62276be8c23c5cf6ff5

Section 124 of the Act is amended--
(1) in subsection (a)--
(A) by striking `which will' and inserting `to'; and
(B) by striking the period at the end thereof the inserting `by carrying
out priority area activities.';
(2) in paragraph (1) of subsection (c)--
(A) by striking `may' and inserting `shall'; and
(B) by striking `hire' and inserting `fund all activities under this part
(except administrative costs described in section 122(d)(1)) and to hire';
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new paragraph:
`(2) Each State Planning Council shall, consistent with State law, hire
a Director of the State Planning Council who shall be supervised and
evaluated by the State Planning Council and who shall hire and supervise
the staff of the State Planning Council.'; and
(4) in paragraph (1) of subsection (d) by striking `jointly with' and
inserting `and submit after consultation with'.

07544a77d88bcd4e8872c36ad63372f50405015cced7e5f666dd9745e0a7fb1c

Paragraphs 3, 4, 5 and 6 of subsection (a) of section 125 of the Act are
amended to read as follows:
`(3)(A) Except as provided in paragraph (4), for any fiscal year the
allotment under paragraph (1)--
`(i) to each of American Samoa, Guam, the Virgin Islands, the Commonwealth
of the Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, or the Republic of Palau may not be
less than $200,000; and
`(ii) to any other State may not be less than the greater of $350,000 or
the amount of the allotment (determined without regard to subsection (d))
received by the State for the fiscal year ending September 30, 1990.
`(B) Notwithstanding subparagraph (A), if the aggregate of the amounts to
be allotted to each State pursuant to subparagraph (A) in any fiscal year
exceeds the total amount appropriated under section 130 for such fiscal
year, the amount to be allotted to a State for such fiscal year shall be an
amount which bears the same ratio to the amount which is to be allotted to
the State pursuant to such subparagraph as the total amount appropriated
under section 130 for such fiscal years bears to the total of the amount
required to be appropriated under such section for allotments to provide
each State with the allotment required by such subparagraph.
`(4) In any case in which amounts appropriated under section 130 for a
fiscal year exceeds $65,000,000, the allotment under paragraph (1) for
such fiscal year--
`(A) to each of American Samoa, Guam, the Virgin Islands, the Commonwealth
of the Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, or the Republic of Palau may not be
less than $210,000; and
`(B) to each of the several States, Puerto Rico or the District of Columbia
may not be less than $400,000.
`(5) In determining, for purposes of paragraph (1)(B), the extent of need
in any State for services for persons with developmental disabilities,
the Secretary shall take into account the scope and extent of the services
described, pursuant to section 122(b)(2)(C), in the State plan of the State.
`(6) In any case in which the total amount appropriated under section 130
for a fiscal year exceeds the total amount appropriated under such section
for the preceding fiscal year by a percentage greater than the most recent
percentage change in the Consumer Price Index published by the Secretary
of Labor under section 100(c)(1) of the Rehabilitation Act of 1973, the
Secretary shall increase each of the minimum allotments under paragraphs
(3) and (4) by an amount which bears the same ratio to the amount of such
minimum allotment (including any increases in such minimum allotment under
this paragraph for prior fiscal years) as the amount which is equal to
the difference between--
`(A) the total amount appropriated under section 130 for the fiscal year
for which the increase in minimum allotment is being made, minus
`(B) the total amount appropriated under section 130 for the immediately
preceding fiscal year,
bears to the total amount appropriated under section 130 for such preceding
fiscal year.'.

a11f3848a783f1b56bb157a893cee7e6d2fd12198e23f68d4446f0a272e9b966

Section 130 of the Act is amended by striking `$62,200,000' and all that
follows through the period at the end thereof and inserting `$77,400,000
for fiscal year 1991, and such sums as may be necessary for each of the
fiscal years 1992 and 1993.'.

ddcaee1d83f9353f30cb99eac62d570765661e55d13fec23c1069278350b4a6a

Section 142 of the Act is amended--
(1) in subsection (a)--
(A) by striking subparagraph (C) of paragraph (2) and inserting the
following new subparagraph:
`(C) on an annual basis, develop a statement of objectives and priorities,
and provide to the public, including persons with disabilities and their
representatives, as appropriate, the developmental disability council
and the university affiliated program (if applicable within a State), an
opportunity to comment on the objectives and priorities established by,
and activities of, the system, including--
`(i) the objectives and priorities for the system's activities for each
year, and the rationale for the establishment of such objectives; and
`(ii) the coordination with the advocacy programs set out in the
Rehabilitation Act of 1973, the Older Americans Act of 1965, and the
Protection and Advocacy for the Mentally Ill Act.';
(B) by striking `and' at the end of clause (i) of paragraph (2)(G);
(C) by inserting `as a result of monitoring or other activities' before
`there is' in subclause (III) of paragraph (2)(G)(ii) by--
(D) by inserting `and' at the end of paragraph (2)(G)(ii)(III);
(E) by inserting after clause (ii) of paragraph (2)(G) the following
new clause:
`(iii) any person with a developmental disability who has a legal guardian,
conservator, or other legal representative with respect to whom a complaint
has been received by the system or with respect to whom there is probable
cause to believe the health or safety of the individual is in serious and
immediate jeopardy whenever--
`(I) such representatives have been contacted by such system upon receipt
of the name and address of such representatives;
`(II) such system has offered assistance to such representatives to resolve
the situation; and
`(III) such representatives have failed or refused to act on behalf of
the person;'; and
(F) in paragraph (5), by striking `unless notice has been given of the
intention to make redesignation to persons with developmental disabilities
or their representatives' and inserting `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 persons 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'; and
(2) in subsection (b)(2), by striking `the Secretary may' and inserting
`the Secretary shall'; and
(3) by adding at the end thereof the following new subsections:
`(d) In States in which the system is organized as a private nonprofit entity
with a multimember governing board, or a public system with a multimember
governing board, such governing board shall be selected according to the
policies and procedures of the system, except that--
`(1) the governing board shall be composed of members who broadly represent
or are knowledgeable about the needs of the individuals served by the system;
`(2) not more than   1/3  of the membership of the governing board may
be appointed by the chief executive officer of the State involved, in the
case of any State in which such officer has the authority to appoint the
membership of the board; and
`(3) any vacancy in the board shall be filled not later than 60 days after
the date on which the vacancy occurs.
`(e) As used in this section the term `records' includes reports prepared
or received by any staff of a facility rendering care or treatment, or
reports prepared by an agency or staff person charged with investigating
reports of incidents of abuse or neglect, injury or death occurring at
such facility that describes incidents of abuse, neglect, injury or death
occurring at such facility and the steps taken to investigate such incidents,
and discharge planning records.
`(f) If the laws of a State prohibit a system from obtaining access to
records of persons with developmental disabilities the provisions of
subparagraph (A) of paragraph (2) of subsection (a) shall not apply to
such system before--
`(1) the date such system is no longer subject to such prohibition; or
`(2) the expiration of the 1-year period beginning on the date of enactment
of this Act, whichever occurs first.
`(g)(1) Nothing in this Act shall preclude the systems described under
this section from bringing a suit on behalf of persons with developmental
disabilities against a State, or agencies or instrumentalities of a State.
`(2) Amounts received pursuant to paragraph (1) through court judgments
and used by the system are limited to furthering the purpose of this part
and shall not be used to augment payments to legal contractors or to award
personal bonuses.
`(h) Notwithstanding any other provision of law, the Secretary shall pay
directly to any system which complies with the provisions of this section
the amount of such system's allotment under this section, unless the system
delegates otherwise.'.

70b1458cb14c1921d3a5e1d06462d870d44f03f60a95085225a0c0ab3bab130d

Section 143 of the Act is amended by striking `$20,000,000' and all that
follows through the period at the end thereof and inserting `$24,200,000
for fiscal year 1991, and such sums as may be necessary for each of the
fiscal years 1992 and 1993.'.

c684086fa03c93e0169fd7d7e057548806df9918ac03158ea01196a0bb620b81

Section 152 of the Act is amended--
(1) in subsection (b)(1)--
(A) by striking `sufficient size and scope' in subparagraph (A);
(B) by striking `and community-based' in subparagraph (A) and inserting
`community-based'; and
(C) by striking the period at the end of subparagraph (A) and inserting
the following: `, positive behavior management programs (as described in
paragraph (5)), assistive technology programs (as described in paragraph
(6)) and programs in other areas of national significance as determined by
the university affiliated program, in consultation with the State Planning
Council (as described in paragraph (7)).';
(D) by striking subparagraph (B);
(E) by redesignating subparagraph (C) as subparagraph (F);
(F) by inserting after subparagraph (A) the following new subparagraphs:
`(B)(i) Grants awarded under this subsection shall be in the amount
of $90,000.
`(ii) The Secretary may waive the provisions of clause (i) and award
grants under this subsection in an amount which does not exceed $150,000,
if the Secretary determines that such grants are of such sufficient scope
and quality so as to address issues of national significance as identified
in the report conducted pursuant to section 122(f).
`(iii) If an appropriately convened peer review panel determines that
applications submitted by university affiliated programs for training
programs under this part in any fiscal year insufficiently address quality
criteria established under subparagraph (D), the Secretary shall, pursuant
to regulations issued under this Act, award any amounts available for
carrying out the purposes of this section to other university affiliated
programs which the Secretary determines will use the funds in accordance
with subsection (b)(1)(B)(ii). The Secretary may make such awards for a
period not to exceed 3 years to applicants whose applications are determined
to be of minimal quality by peer review, notwithstanding the provisions of
(b)(1)(B)(i).
`(C) Grants under this section shall be awarded on a competitive
basis. Grants awarded under this section shall be awarded for a period of
3 years.
`(D) The Secretary shall require appropriate technical and qualitative peer
review of applications for assistance under this subsection by peer review
groups as established under section 153(e)(4) using the following criteria:
`(i) The university affiliated program shall present evidence that core
training assisted by funds awarded under this section is--
`(I) competency and value based;
`(II) designed to facilitate independence, productivity and integration
for persons with developmental disabilities; and
`(III) evaluated utilizing state of the art evaluation techniques in the
programmatic areas selected.
`(ii) Core training shall--
`(I) represent state-of-the-art techniques in areas of critical shortage
of personnel which are identified through consultation with the citizens
advisory group designated pursuant to subsection (f) and the State Planning
Council;
`(II) be conducted in consultation with the citizens advisory group
designated under subsection (f) and the State developmental disabilities
planning 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 practicable, be conducted in environments where services
are actually delivered; and
`(VI) to the extent possible, be interdisciplinary in nature.
`(E)(i) Grants awarded under this subsection shall not be used for
administrative expenses.
`(ii) Grants awarded under this subsection shall not be used to carry out
the provisions of subsection (a).';
(2) in subsection (b), by adding at the end thereof the following new
paragraphs:
`(5) Grants awarded under this subsection for training projects with
respect to positive behavior management intervention programs shall be
for the purpose of assisting university affiliated programs in providing
training to families, foster parents, paraprofessionals, other appropriate
community-based staff, and institutional staff, including health care staff
and behavioral specialists, who provide or will provide, positive behavior
management interventions for persons with developmental disabilities. Such
training interventions shall include--
`(A) ethical principles and standards;
`(B) appropriate assessment of the origin of behavior problems including
antecedent behaviors, the environment, medical problems (including seizure
disorders), other neurological problems, or medication side effects;
`(C) the development of a positive behavior management plan;
`(D) the use of positive reinforcements appropriate to the developmental
level of the person;
`(E) the use of emergency procedures; and
`(F) the administration of appropriate psychotropic drugs including
drugs which the person may be taking for other conditions such as seizure
disorders.
`(6) Grants under this subsection for training projects with respect
to assistive technology programs shall be for the purpose of assisting
university affiliated programs in providing training to allied health
personnel and other personnel who provide or will provide, assistive
technology services to persons with developmental disabilities. Such
projects may provide training and technical assistance to improve the
quality of service delivery in community-based, nonprofit consumer and
provider service programs for persons with developmental disabilities and
may include stipends and tuition assistance from such organizations. Such
projects shall be coordinated with State technology coordinating councils
wherever such councils exist.
`(7) 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
Planning Council.'; and
(3) by adding at the end thereof the following new subsections:
`(f) The Secretary shall only make grants under this section to university
affiliated programs which establish a consumer advisory committee comprised
of consumers, family members, representatives of State protection
and advocacy systems, developmental disabilities councils (including
State service agency directors),  local agencies, and private nonprofit
groups concerned with providing services for persons with developmental
disabilities.
`(g) A university affiliated program shall not be eligible to receive
funds for training projects pursuant to this section unless--
`(1) such program has operated for at least 1 year; or
`(2) the Secretary determines that such project has demonstrated the
capacity to develop an effective training program during the first year
such program is operated.'.

249b8f1e731384047bd4def65870f55a300488466efd37af8c9f5427159dc356

Section 153 of the Act is amended--
(1) in subsection (d)(3)--
(A) by striking `1988, 1989, and 1990' in subparagraph (A) and inserting
`1991, 1992, and 1993';
(B) by adding at the end of subparagraph (A) the following new sentence:
`The Secretary shall solicit and may approve applications pursuant to
this paragraph which encompass multiple universities within the same
State university system or two or more universities which are otherwise
unrelated.';
(C) by striking `1987' and inserting `1990' in subparagraph (B); and
(D) by adding at the end of subparagraph (B) the following: `If an
insufficient number of quality applications, as determined by a peer review
process, from such unserved States have not been received in any fiscal year,
the Secretary may consider applications for such fiscal year from States that
are served by a university affiliated program or satellite center which is
not able to serve particular geographic regions of the State, only if such
applications demonstrate a need for additional training within the State
and an exemplary service capacity to serve individuals within the State.';
(2) in subsection (e)(1)--
(A) by striking `by regulation'; and
(B) by striking the period at the end thereof and inserting the following:
`, including on-site visits or inspections as necessary.  Such peer review
shall be coordinated, as appropriate, with the peer review described in
section 152(b)(1)(D).'.

ca21bf68d365dc35d5ae365d28a6fbf22d7ea0aa5b57efb1078a2cf9adc611eb

Section 154 of the Act is amended to read as follows:
`SEC. 154. AUTHORIZATION OF APPROPRIATIONS.
`(a) For the purpose of grants under subsections (a), (d), and (e) of
section 152, there are authorized to be appropriated $11,000,000 for fiscal
year 1991, and such sums as may be necessary for each of the fiscal years
1992 and 1993.
`(b) For the purpose of grants under section 152(b) and 152(c), there are
authorized to be appropriated $5,500,000 for fiscal year 1991, and such
sums as may be necessary for each of the fiscal years 1992 and 1993.
`(c) The Secretary may use funds appropriated under subsection (a) for
the purposes described in subsection (b).'.

98b8b9a1c155466daddc1dce415dfb34e84a43ef0274349f86cbc90e33ef2a6d

Section 161 of the Act is amended by striking the period at the end
thereof and inserting the following: `, and to support the development of
national and State policy which enhances the independence, productivity,
and integration of persons with developmental disabilities through data
collection and analysis, technical assistance to program components,
technical assistance for the development of information and referral
systems, educating policymakers, Federal interagency initiatives, and
the enhancement of minority participation in public and private sector
initiatives in developmental disabilities.'.

61c899d098a9830264f5dfc4519b862cf492e5aa7ef9a76e83c5e77b0f68238a

Section 162(a) of the Act is amended--
(1) in paragraph (1) by inserting `improve supportive living and quality
of life opportunities which enhance recreation, leisure and fitness,'
after `referral system,'; and
(2) in paragraph (2) to read as follows:
`(2) technical assistance and demonstration projects (including research,
training, and evaluation in connection with such projects) which expand
or improve the functions of the State Planning Council, the functions
performed by university affiliated programs and satellite centers under
part D, and protection and advocacy system described in section 142.'.

e4b31fad39dcfddc9f3a76b88ce48ebb323fb9680a3ddf401a89f952c0ebd202

Section 163 of the Act is amended to read as follows:
`SEC. 163. AUTHORIZATION OF APPROPRIATIONS.
`(a) IN GENERAL- To carry out this part, there are authorized to be
appropriated $3,650,000 for fiscal year 1991, and such sums as may be
necessary for each of the fiscal years 1992 and 1993.
`(b) LIMITATION- At least 8 percent, but not less than $300,000, of the
funds appropriated pursuant to the authority of subsection (a) shall be
used to carry out the provisions of section 162(a)(2).'.
Amend the title so as to read: `An Act to revise and extend the Developmental
Disabilities Assistance and Bill of Rights Act.'.
Attest:
Clerk.
S 2753 EAH----2
S 2753 EAH----3

8e37cdc599c0d8a53a864b28349a6cfc01baa79ed5f5ae839aa49ceb872e6ba7

Developmental Disabilities Assistance and Bill of Rights Act of 1990 — S. 2753

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