[Congressional Record Volume 140, Number 32 (Monday, March 21, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
CONFERNCE REPORT ON S. 1284, DEVELOPMENTAL DISABILITIES ASSISTANCE AND 
                 BILL OF RIGHTS ACT AMENDMENTS OF 1994

  Mr. WAXMAN submitted the following conference report and statement on 
the Senate bill (S. 1284) to amend the Developmental Disabilities 
Assistance and Bill of Rights Act to expand or modify certain 
provisions relating to programs for individuals with developmental 
disabilities, Federal assistance for priority area activities for 
individuals with developmental disabilities, protection and advocacy of 
individual rights, university affiliated programs, and projects of 
national significance, and for other purposes:

                  Conference Report (H. Rept. 103-442)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the House to the bill (S. 
     1284), to amend the Developmental Disabilities Assistance and 
     Bill of Rights Act to expand or modify certain provisions 
     relating to programs for individuals with developmental 
     disabilities, Federal assistance for priority area activities 
     for individuals with developmental disabilities, protection 
     and advocacy of individual rights, university affiliated 
     programs, and projects of national significance, and for 
     other purposes, having met, after full and free conference, 
     have agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the Senate recede from its disagreement to the 
     amendment of the House and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. References.

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Headings and short title.
Sec. 102. Findings and purposes.
Sec. 103. Definitions.
Sec. 104. Federal share.
Sec. 105. Records and audits.
Sec. 106. Recovery.
Sec. 107. State control of operations.
Sec. 108. Reports.
Sec. 109. Responsibilities of the Secretary.
Sec. 110. Employment of handicapped individuals.
Sec. 111. Rights of the developmentally disabled.

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

Sec. 201. Part heading.
Sec. 202. Purpose.
Sec. 203. State plans.
Sec. 204. Habilitation plans.
Sec. 205. Councils.
Sec. 206. State allotments.
Sec. 207. Federal share and non-Federal share.
Sec. 208. Payments to the States for planning, administration, and 
              services.
Sec. 209. Withholding of payments for planning, administration, and 
              services.
Sec. 210. Nonduplication.
Sec. 211. Appeals by States.
Sec. 212. Authorization of appropriations.
Sec. 213. Review, analysis, and report.

 TITLE III--PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH 
                       DEVELOPMENTAL DISABILITIES

Sec. 301. Part heading.
Sec. 302. Purpose.
Sec. 303. System required.
Sec. 304. Authorization of appropriations.

                TITLE IV--UNIVERSITY AFFILIATED PROGRAMS

Sec. 401. Part heading.
Sec. 402. Purpose.
Sec. 403. Grant authority.
Sec. 404. Applications.
Sec. 405. Grant awards.
Sec. 406. Authorization of appropriations and definition.

               TITLE V--PROJECTS OF NATIONAL SIGNIFICANCE

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

     SEC. 2. REFERENCES.

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

     SEC. 101. HEADINGS AND SHORT TITLE.

       (a) Title.--The heading of title I of the Act is amended to 
     read as follows:
 ``TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''.
       (b) Part.--The heading of part A of title I of the Act is 
     amended to read as follows:

                    ``PART A--GENERAL PROVISIONS''.

       (c) Short Title.--Section 100 (42 U.S.C. 6000 note) is 
     amended--
       (1) by striking ``Sec. 100''; and
       (2) in the section heading, by striking ``short title'' and 
     inserting the following new section heading:

     ``SEC. 100. SHORT TITLE.''.

     SEC. 102. FINDINGS AND PURPOSES.

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

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

       ``(a) Findings.--The Congress finds that--
       ``(1) in 1993 there are more than 3,000,000 individuals 
     with 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 the 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.''.

     SEC. 103. DEFINITIONS.

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

     ``SEC. 102. DEFINITIONS.

       ``For purposes of this title:
       ``(1) American indian consortium.--The term `American 
     Indian Consortium' means any confederation of two or more 
     recognized American Indian tribes, created through the 
     official action of each participating tribe, that has a 
     combined total resident population of 150,000 enrolled tribal 
     members and a contiguous territory of Indian lands in two or 
     more States.
       ``(2) Assistive technology device.--The term `assistive 
     technology device' means any item, piece of equipment, or 
     product system, whether acquired commercially, modified or 
     customized, that is used to increase, maintain, or improve 
     functional capabilities of individuals with developmental 
     disabilities.
       ``(3) Assistive technology service.--The term `assistive 
     technology service' means any service that directly assists 
     an individual with a developmental disability in the 
     selection, acquisition, or use, of an assistive technology 
     device. Such term includes--
       ``(A) the evaluation of the needs of an individual with a 
     developmental disability, including a functional evaluation 
     of 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.''.

     SEC. 104. FEDERAL SHARE.

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

     SEC. 105. RECORDS AND AUDITS.

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

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

       (b) Records and Audits.--Section 104 (42 U.S.C. 6003) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``Each'' and inserting ``Records.--Each'';
       (B) by striking ``including'' and inserting ``including--
     '';
       (C) by realigning the margins of subparagraphs (A), (B), 
     and (C) of paragraph (1) so as to align with the margins of 
     subparagraphs (A) and (B) of paragraph (28) of section 102;
       (D) by realigning the margins of paragraphs (1) and (2) so 
     as to align with the margin of paragraph (30) of section 102;
       (E) in paragraph (1), by striking ``disclose'' and 
     inserting ``disclose--''; and
       (F) by striking the comma each place such appears and 
     inserting a semicolon; and
       (2) in subsection (b), by striking ``The Secretary'' and 
     inserting ``Access.--The Secretary''.

     SEC. 106. RECOVERY.

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

     SEC. 107. STATE CONTROL OF OPERATIONS.

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

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

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

     SEC. 108. REPORTS.

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

     ``SEC. 107. REPORTS.''.

       (b) Reports.--Section 107 (42 U.S.C. 6006) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking, ``By January'' and inserting 
     ``Developmental Disabilities Council Reports.--By January'';
       (ii) by striking ``the State Planning Council of each 
     State'' and inserting ``each State Developmental Disabilities 
     Council'';
       (iii) by striking ``a report concerning'' and inserting ``a 
     report of''; and
       (iv) by striking ``such report'' and inserting ``report'';
       (B) in paragraph (1), by striking ``of such activities'' 
     and all that follows through ``from such activities'' and 
     inserting ``of activities and accomplishments'';
       (C) in paragraph (2)--
       (i) by striking ``such accomplishments'' and inserting 
     ``accomplishments''; and
       (ii) by striking ``by the State'';
       (D) in paragraph (4)--
       (i) by striking ``Planning'' and inserting ``Developmental 
     Disabilities'';
       (ii) by striking ``each'' each place such term appears;
       (iii) by striking ``report'' and inserting ``reports'';
       (iv) by striking ``1902(a)(31)(C)'' and inserting 
     ``1902(a)(31)'';
       (v) by striking ``plan'' and inserting ``plans''; and
       (vi) by striking ``; and'' and inserting a semicolon;
       (E) by striking paragraph (5); and
       (F) by adding at the end the following new paragraphs:
       ``(5) a description of--
       ``(A) the trends and progress made in the State concerning 
     systemic change (including policy reform), capacity building, 
     advocacy, and other actions on behalf of individuals with 
     developmental disabilities, with attention to individuals who 
     are traditionally unserved and underserved, 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''.

     SEC. 109. RESPONSIBILITIES OF THE SECRETARY.

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

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

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

     SEC. 110. EMPLOYMENT OF HANDICAPPED INDIVIDUALS.

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

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

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

     SEC. 111. RIGHTS OF THE DEVELOPMENTALLY DISABLED.

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

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

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

     SEC. 201. PART HEADING.

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

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

     SEC. 202. PURPOSE.

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

     ``SEC. 121. PURPOSE.

       ``The purpose of this part is to provide for allotments to 
     support State Developmental Disabilities Councils in each 
     State to promote, through systemic change, capacity building, 
     and advocacy activities that are consistent with the policy 
     under section 101(c)(2), the development of a consumer and 
     family-centered, comprehensive system and a coordinated array 
     of culturally competent services, supports, and other 
     assistance designed to achieve independence, productivity, 
     and integration and inclusion into the community for 
     individuals with developmental disabilities.''.

     SEC. 203. STATE PLANS.

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

     ``SEC. 122. STATE PLAN.

       ``(a) In General.--Any State desiring to take advantage of 
     this part shall have a State plan submitted to, and approved 
     by, the Secretary under this section.
       ``(b) Planning Cycle.--The plan under subsection (a) shall 
     be reviewed annually and revised at least once every 3 years.
       ``(c) State Plan Requirements.--In order to be approved by 
     the Secretary under this section, a State plan shall meet the 
     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.''.

     SEC. 204. HABILITATION PLANS.

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

     SEC. 205. COUNCILS.

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

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

       ``(a) In General.--Each State that receives assistance 
     under this part shall establish and maintain a State 
     Developmental Disabilities Council (hereafter in this section 
     referred to as the `Council') to promote, through systemic 
     change, capacity building, and advocacy activities 
     (consistent with 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. 
     The Council shall have the authority to fulfill its 
     responsibilities described in subsection (c).
       ``(b) Council Membership.--
       ``(1) Council appointments.--The members of the Council of 
     a State shall be appointed by the Governor of the State from 
     among the residents of that State. The Governor shall select 
     members of the Council, at his or her discretion, after 
     soliciting recommendations from organizations representing a 
     broad range of individuals with developmental disabilities 
     and individuals interested in individuals with developmental 
     disabilities, including the non-State agency members of the 
     Council. The Council may, at the request of the Governor, 
     coordinate Council and public input to the Governor regarding 
     all recommendations. To the extent feasible, the membership 
     of the Council shall be geographically representative of the 
     State and reflect the diversity of the State with respect to 
     race and ethnicity.
       ``(2) Membership rotation.--The Governor shall make 
     appropriate provisions to rotate the membership of the 
     Council. Such provisions shall allow members to continue to 
     serve on the Council until such members' successors are 
     appointed. The Council shall notify the Governor regarding 
     membership requirements, when vacancies remain unfilled for a 
     significant period of time.
       ``(3) Representation of agencies and organizations.--Each 
     Council shall at all times include representatives of the 
     principal State agencies (including the State agencies that 
     administer funds provided under the Rehabilitation Act of 
     1973, the Individuals with Disabilities Education Act, the 
     Older Americans Act, and title XIX of the Social Security 
     Act), institutions of higher education, each university 
     affiliated program in the State established under part D, the 
     State protection and advocacy system established under part 
     C, and local agencies, nongovernmental agencies, and private 
     nonprofit groups concerned with services for individuals with 
     developmental disabilities in the State in which such 
     agencies and groups are located. Such representatives shall--
       ``(A) have sufficient authority to engage in policy 
     planning and implementation on behalf of the department, 
     agency, or program such representatives represent; and
       ``(B) recuse themselves from any discussion of grants or 
     contracts for which such representatives' departments, 
     agencies, or programs are grantees or applicants and comply 
     with the conflict of interest policies required under section 
     122(c)(5)(C).
       ``(4) Representation of individuals with developmental 
     disabilities.--Not less than 50 percent of the membership of 
     each Council shall consist of individuals who are--
       ``(A)(i) individuals with developmental disabilities;
       ``(ii) parents or guardians of children with developmental 
     disabilities; or
       ``(iii) immediate relatives or guardians of adults with 
     mentally impairing developmental disabilities who cannot 
     advocate for themselves; and
       ``(B) not employees of a State agency that receives funds 
     or provides services under this part, and who are not 
     managing employees (as defined in section 1126(b) of the 
     Social Security Act) of any other entity that receives funds 
     or provides services under this part.
       ``(5) Composition of membership with developmental 
     disabilities.--Of the members of the Council described in 
     paragraph (4)--
       ``(A) one-third shall be individuals with developmental 
     disabilities as described in paragraph (4)(A)(i);
       ``(B) one-third shall be parents of children with 
     developmental disabilities as described in paragraph 
     (4)(A)(ii), and immediate relatives or guardians of adults 
     with mentally impairing developmental disabilities as 
     described in paragraph (4)(A)(iii); and
       ``(C) one-third shall be a combination of individuals 
     described in paragraph (4)(A).
       ``(6) Institutionalized individuals.--Of the members of the 
     Council described in paragraph (5), at least one shall be an 
     immediate relative or guardian of an institutionalized or 
     previously institutionalized individual with a developmental 
     disability or an individual with a developmental disability 
     who resides or previously resided in an institution. This 
     paragraph shall not apply with respect to a State if such an 
     individual does not reside in that State.
       ``(c) Council Responsibilities.--A Council, through Council 
     members, staff, consultants, contractors, or subgrantees, 
     shall have the responsibilities described in paragraphs (1) 
     through (11).
       ``(1) Systemic change, capacity building, and advocacy 
     activities.--The Council shall serve as an advocate for 
     individuals with developmental disabilities and conduct 
     programs, projects, and activities that carry out the purpose 
     under section 121.
       ``(2) Examination of priority areas.--Not less than once 
     every 3 years, the Council shall examine the provision of and 
     need for the four Federal priority areas and an optional 
     State priority area to address, on a statewide and 
     comprehensive basis, urgent needs for services, supports, and 
     other assistance for individuals with developmental 
     disabilities and their families, pursuant to section 122.
       ``(3) State plan development.--The Council shall develop 
     and submit to the Secretary the State plan required under 
     section 122 after consultation with the designated State 
     agency under the State plan. Such consultation shall be 
     solely for the purposes of obtaining State assurances and 
     ensuring consistency of the plan with State law.
       ``(4) State plan implementation.--The Council shall 
     implement the State plan by conducting and supporting the 
     Federal priority area of employment, not less than one of the 
     remaining three Federal priority areas, and an optional State 
     priority area as defined in section 102, through systemic 
     change, capacity building, and advocacy activities such as 
     those described in subparagraphs (A) through (K).
       ``(A) Demonstration of new approaches.--The Council may 
     conduct, on a time-limited basis, the demonstration of new 
     approaches to enhance the independence, productivity, and 
     integration and inclusion into the community of individuals 
     with developmental disabilities. This may include making 
     successful demonstrations generally available through sources 
     of funding other than funding under this part, and may also 
     include assisting those conducting such successful 
     demonstration activities to develop strategies for securing 
     funding from other sources.
       ``(B) Outreach.--The Council may conduct activities to 
     reach out to assist and enable individuals with developmental 
     disabilities and their families who otherwise might not come 
     to the attention of the Council to obtain services, supports, 
     and other assistance, including access to special adaptation 
     of generic services or specialized services.
       ``(C) Training.--The Council may conduct training for 
     individuals with developmental disabilities, their families, 
     and personnel (including professionals, paraprofessionals, 
     students, volunteers, and other community members) to enable 
     such individuals to obtain access to, or to provide, 
     services, supports and other assistance, including special 
     adaptation of generic services or specialized services for 
     individuals with developmental disabilities and their 
     families. To the extent that training activities are 
     provided, such activities shall be designed to promote the 
     empowerment of individuals with developmental disabilities 
     and their families.
       ``(D) Supporting communities.--The Council may assist 
     neighborhoods and communities to respond positively to 
     individuals with developmental disabilities and their 
     families by encouraging local networks to provide informal 
     and formal supports and enabling communities to offer such 
     individuals and their families access, resources, and 
     opportunities.
       ``(E) Interagency collaboration and coordination.--The 
     Council may promote interagency collaboration and 
     coordination to better serve, support, assist, or advocate 
     for individuals with developmental disabilities and their 
     families.
       ``(F) Coordination with related councils, committees, and 
     programs.--The Council may conduct activities to enhance 
     coordination with--
       ``(i) other councils or committees, authorized by Federal 
     or State law, concerning individuals with disabilities (such 
     as the State Interagency Coordinating Council under part H of 
     the Individuals with Disabilities Education Act, the State 
     Rehabilitation Advisory Council and the Statewide Independent 
     Living Council under the Rehabilitation Act of 1973, the 
     State Mental Health Planning Council under part B of title 
     XIX of the Public Health Service Act and other similar 
     councils or committees);
       ``(ii) parent training and information centers under part D 
     of the Individuals with Disabilities Education Act and other 
     federally funded projects that assist parents of children 
     with disabilities; and
       ``(iii) other groups interested in systemic change, 
     capacity building, and advocacy for individuals with 
     disabilities.
       ``(G) Barrier elimination, systems design, and citizen 
     participation.--The Council may conduct activities to 
     eliminate barriers, enhance systems design and redesign, and 
     enhance citizen participation to address issues identified in 
     the State plan.
       ``(H) Public education and coalition development.--The 
     Council may conduct activities to educate the public about 
     the capabilities, preferences, and needs of individuals with 
     developmental disabilities and their families and to develop 
     and support coalitions that support the policy agenda of the 
     Council, including training in self-advocacy, educating 
     policymakers, and citizen leadership skills.
       ``(I) Informing policymakers.--The Council may provide 
     information to Federal, State, and local policymakers, 
     including the Congress, the Federal executive branch, the 
     Governor, State legislature, and State agencies, in order to 
     increase the ability of such policymakers to offer 
     opportunities and to enhance or adapt generic services or 
     provide specialized services to individuals with 
     developmental disabilities and their families by conducting 
     studies and analyses, gathering information, and developing 
     and disseminating model policies and procedures, information, 
     approaches, strategies, findings, conclusions, and 
     recommendations.
       ``(J) Prevention.--The Council may conduct prevention 
     activities as defined in section 102.
       ``(K) Other activities.--The Council may conduct other 
     systemic change, capacity building, and advocacy activities 
     to promote the development of a consumer and family-centered 
     comprehensive system and a coordinated array of culturally 
     competent services, supports and other assistance designed to 
     achieve independence, productivity, and integration and 
     inclusion into the community of individuals with 
     developmental disabilities throughout the State on a 
     comprehensive basis.
       ``(5) State plan monitoring.--Not less than once each year, 
     the Council shall monitor, review, and evaluate the 
     implementation and effectiveness of the State plan in meeting 
     such plan's objectives.
       ``(6) Review of designated state agency.--The Council shall 
     periodically review the designated State agency with respect 
     to the activities carried out under this Act and make any 
     recommendations for change to the Governor.
       ``(7) Reports.--The Council shall submit to the Secretary, 
     through the Governor, periodic reports on its activities as 
     the Secretary may reasonably request, and keep such records 
     and afford such access thereto as the Secretary finds 
     necessary to verify such reports.
       ``(8) Budget.--Each Council shall prepare, approve, and 
     implement a budget using amounts paid to the State under this 
     part to fund and implement all programs, projects, and 
     activities under this part including--
       ``(A) conducting such hearings and forums as the Council 
     may determine to be necessary to carry out the duties of the 
     Council, reimbursing Council members of the Council for 
     reasonable and necessary expenses for attending Council 
     meetings and performing Council duties (including child care 
     and personal assistance services), paying compensation to a 
     member of the Council, if such member is not employed or must 
     forfeit wages from other employment, for each day such member 
     is engaged in performing the duties of the Council, 
     supporting Council member and staff travel to authorized 
     training and technical assistance activities including 
     inservice training and leadership development, and 
     appropriate subcontracting activities;
       ``(B) hiring and maintaining sufficient numbers and types 
     of staff (qualified by training and experience) and obtaining 
     the services of such professional, consulting, technical, and 
     clerical personnel (qualified by training and experience), 
     consistent with State law, as the Council determines to be 
     necessary to carry out its functions under this part, except 
     that such State shall not apply hiring freezes, reductions in 
     force, prohibitions on staff travel, or other policies, to 
     the extent that such policies would impact staff or functions 
     funded with Federal funds and would prevent the Council from 
     carrying out its functions under this Act; and
       ``(C) directing the expenditure of funds for grants, 
     contracts, interagency agreements that are binding contracts, 
     and other activities authorized by the approved State plan.
       ``(9) Staff hiring and supervision.--A Council shall, 
     consistent with State law, recruit and hire a Director of the 
     Council, should the position of Director become vacant, and 
     supervise and annually evaluate the Director. The Director 
     shall hire, supervise, and annually evaluate the staff of the 
     Council. Council recruitment and hiring of staff shall be 
     consistent with Federal and State nondiscrimination laws. 
     Dismissal of personnel shall be consistent with State law and 
     personnel policies.
       ``(10) Staff assignments.--The staff and other personnel, 
     while working for the Council, shall be responsible solely 
     for assisting the Council in carrying out its duties under 
     this part and shall not be assigned duties by the designated 
     State agency or any other agency or office of the State.
       ``(11) Construction.--
       ``(A) Activities of the Council.--Nothing in this part 
     shall be construed to preclude a Council from engaging in 
     systemic change, capacity building, and advocacy activities 
     for individuals with disabilities other than developmental 
     disabilities, where appropriate.
       ``(B) Authority of the Council.--Nothing in this Act shall 
     be construed to authorize a Council to direct, control, or 
     exercise any policy making authority or administrative 
     authority over any program assisted under the Rehabilitation 
     Act of 1973 (29 U.S.C. 701 et seq.) and the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.).
       ``(d) Designated State Agency.--
       ``(1) In general.--Each State that receives assistance 
     under this part shall designate the State agency that shall, 
     on behalf of the State, provide support to the Council. After 
     the date of enactment of the Developmental Disabilities 
     Assistance and Bill of Rights Act Amendments of 1994, any 
     designation of a State agency shall be made in accordance 
     with the requirements of this subsection.
       ``(2) Designation.--
       ``(A) Type of agency.--Except as provided in this 
     subsection, the designated State agency shall be--
       ``(i) the Council if such Council may be the designated 
     State agency under the laws of the State;
       ``(ii) a State agency that does not provide or pay for 
     services made available to individuals with developmental 
     disabilities; or
       ``(iii) a State office, including the immediate office of 
     the Governor of the State or a State planning office.
       ``(B) Conditions for continuation of state service agency 
     designation.--
       ``(i) Designation before enactment.--If a State agency that 
     provides or pays for services for individuals with 
     developmental disabilities was a designated State agency for 
     purposes of this part on the date of enactment of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     Amendments of 1994, and the Governor of the State (or 
     legislature, where appropriate and in accordance with State 
     law) determines prior to June 30, 1994, not to change the 
     designation of such agency, such agency may continue to be a 
     designated State agency for purposes of this part.
       ``(ii) Criteria for continued designation.--The 
     determination at the discretion of the Governor (or 
     legislature as the case may be) shall be made after the 
     Governor has considered the comments and recommendations of 
     the general public and a majority of the non-State agency 
     members of the Council with respect to the designation of 
     such State agency, and after the Governor (or legislature as 
     the case may be) has made an independent assessment that the 
     designation of such agency shall not interfere with the 
     budget, personnel, priorities, or other action of the 
     Council, and the ability of the Council to serve as an 
     advocate for individuals with developmental disabilities.
       ``(C) Review of designation.--After April 1, 1994, the 
     Council may request a review of the designation of the 
     designated State agency by the Governor (or legislature as 
     the case may be). The Council shall provide documentation 
     concerning the reason the Council desires a change to be made 
     and make a recommendation to the Governor (or legislature as 
     the case may be) regarding a preferred designated State 
     agency.
       ``(D) Appeal of designation.--After the review is completed 
     under subparagraph (C), a majority of the non-State agency 
     members of the Council may appeal to the Secretary for a 
     review of the designation of the designated State agency if 
     Council independence as an advocate is not assured because of 
     the actions or inactions of the designated State agency.
       ``(3) Responsibilities.--The designated State agency shall, 
     on behalf of the State, have the responsibilities described 
     in subparagraphs (A) through (F).
       ``(A) Support services.--The designated State agency shall 
     provide required assurances and support services as requested 
     by and negotiated with the Council.
       ``(B) Fiscal responsibilities.--The designated State agency 
     shall--
       ``(i) receive, account for, and disperse funds under this 
     part based on the State plan required in section 122; and
       ``(ii) provide for such fiscal control and fund accounting 
     procedures as may be necessary to assure the proper 
     dispersement of, and accounting for, funds paid to the State 
     under this part.
       ``(C) Records, access, and financial reports.--The 
     designated State agency shall keep such records and afford 
     access thereto as the Secretary and the Council determine 
     necessary. The designated State agency, if other than the 
     Council, shall provide timely financial reports at the 
     request of the Council regarding the status of expenditures, 
     obligations, liquidation, and the Federal and non-Federal 
     share.
       ``(D) Non-federal share.--The designated State agency, if 
     other than the Council, shall provide the required non-
     Federal share defined in section 125A(c).
       ``(E) Assurances.--The designated State agency shall assist 
     the Council in obtaining the appropriate State plan 
     assurances and in ensuring that the plan is consistent with 
     State law.
       ``(F) Memorandum of understanding.--On the request of the 
     Council, the designated State agency shall enter into a 
     memorandum of understanding with the Council delineating the 
     roles and responsibilities of the designated State agency.
       ``(4) Use of funds for designated state agency 
     responsibilities.--
       ``(A) Necessary expenditures of state designated agency.--
     At the request of any State, a portion of any allotment or 
     allotments of such State under this part for any fiscal year 
     shall be available to pay up to one-half (or the entire 
     amount if the Council is the designated State agency) of the 
     expenditures found necessary by the Secretary for the proper 
     and efficient exercise of the functions of the State 
     designated agency, except that not more than 5 percent of the 
     total of the allotments of such State for any fiscal year, or 
     $50,000, whichever is less, shall be made available for the 
     total expenditure for such purpose by the State agency 
     designated under this subsection.
       ``(B) Condition for federal funding.--Amounts shall be 
     provided under subparagraph (A) to a State for a fiscal year 
     only on condition that there shall be expended from State 
     sources for carrying out the responsibilities of the 
     designated State agency under paragraph (3) not less than the 
     total amount expended for carrying out such responsibilities 
     from such sources during the previous fiscal year, except in 
     such year as the Council may become the designated State 
     agency.
       ``(C) Support services provided by other agencies.--With 
     the agreement of the designated State agency, the Council may 
     use or contract with agencies other than the designated State 
     agency to perform the functions of the designated State 
     agency.
       ``(e) 1990 Report.--Not later than January 1, 1990, each 
     Council shall complete the reviews, analyses, and final 
     report described in this section.
       ``(1) Comprehensive review and analysis.--Each Council 
     shall conduct a comprehensive review and analysis of the 
     eligibility for services provided, and the extent, scope, and 
     effectiveness of, services provided and functions performed 
     by, all State agencies (including agencies that provide 
     public assistance) that affect or that potentially affect the 
     ability of individuals with developmental disabilities to 
     achieve the goals of independence, productivity, and 
     integration and inclusion into the community, including 
     individuals with developmental disabilities attributable to 
     physical impairment, mental impairment, or a combination of 
     physical and mental impairments.
       ``(2) Consumer satisfaction.--Each Council shall conduct a 
     review and analysis of the effectiveness of, and consumer 
     satisfaction with, the functions performed by, and services 
     provided or paid for from Federal and State funds by, each of 
     the State agencies (including agencies that provide public 
     assistance) responsible for performing functions for, and 
     providing services to, all individuals with developmental 
     disabilities in the State. Such review and analysis shall be 
     based upon a survey of a representative sample of individuals 
     with developmental disabilities receiving services from each 
     such agency, and if appropriate, shall include such 
     individuals' families.
       ``(3) Public review and comment.--Each Council shall 
     convene public forums, after the provision of notice within 
     the State, in order to--
       ``(A) present the findings of the reviews and analyses 
     prepared under paragraphs (1) and (2);
       ``(B) obtain comments from all interested individuals in 
     the State regarding the unserved and underserved populations 
     of individuals with developmental disabilities that result 
     from physical impairment, mental impairment, or a combination 
     of physical and mental impairments; and
       ``(C) obtain comments on any proposed recommendations 
     concerning the removal of barriers to services for 
     individuals with developmental disabilities and to connect 
     such services to existing State agencies by recommending the 
     designation of one or more State agencies, as appropriate, to 
     be responsible for the provision and coordination of such 
     services.
       ``(4) Basis for state plan.--Each Council shall utilize the 
     information developed pursuant to paragraphs (1), (2), and 
     (3) in developing the State plan.''.

     SEC. 206. STATE ALLOTMENTS.

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

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

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

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

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

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

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

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

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

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

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

     SEC. 210. NONDUPLICATION.

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

     SEC. 211. APPEALS BY STATES.

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

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

     SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 213. REVIEW, ANALYSIS, AND REPORT.

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

     SEC. 301. PART HEADING.

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

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

     SEC. 302. PURPOSE.

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

     ``SEC. 141. PURPOSE.'';

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

     SEC. 303. SYSTEM REQUIRED.

       (a) Section Heading.--Section 142 (42 U.S.C. 6042) is 
     amended--
       (1) by striking ``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.''.

     SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 401. PART HEADING.

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

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

     SEC. 402. PURPOSE.

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

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

       ``The purpose of this part is to provide for grants to 
     university affiliated programs that are interdisciplinary 
     programs operated by universities, or by public or nonprofit 
     entities associated with 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.''.

     SEC. 403. GRANT AUTHORITY.

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

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

       (b) Authority.--Section 152 (42 U.S.C. 6062) is amended--
       (1) in subsection (a)--
       (A) by striking ``From appropriations'' and inserting 
     ``Administration and Operation.--From appropriations''; and
       (B) by striking ``102(18).'' and inserting ``151. Grants 
     may be awarded for a period not to exceed 5 years.'';
       (2) in subsection (b), to read as follows:
       ``(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).

     SEC. 404. APPLICATIONS.

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

     ``SEC. 153. APPLICATIONS.''.

       (b) Applications.--Section 153 (42 U.S.C. 6063) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``Not later than six'' and inserting: 
     ``Standards.--Not later than 12'';
       (B) by striking ``Act of 1984'' and inserting ``Assistance 
     and Bill of Rights Act Amendments of 1994'';
       (C) by striking ``persons'' and inserting ``individuals''; 
     and
       (D) by striking ``section 102(18)'' and inserting ``section 
     151'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking ``No 
     grants'' and all that follows through ``Such an 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.''.

     SEC. 405. GRANT AWARDS.

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

     ``SEC. 154. PRIORITY FOR GRANT AWARDS.

       ``(a) In General.--In awarding and distributing grant funds 
     under this part, the Secretary, subject to the availability 
     of appropriations, shall award and distribute grant funds in 
     accordance with the following order of priorities:
       ``(1) Existing state university affiliated programs.--First 
     priority shall be given, with respect to the provision of 
     grant awards under section 152(a) in the amount of $200,000, 
     to an existing State university affiliated program that meets 
     the requirements under section 153.
       ``(2) Unserved states.--Second priority shall be given, 
     with respect to the provision of grant awards under section 
     152(a) in the amount of $200,000, to a university or public 
     or nonprofit entity associated with a college or university 
     that desires to establish a university affiliated program in 
     a State that is unserved by a university affiliated program 
     as of the date of enactment of the Developmental Assistance 
     and Bill of Rights Act Amendments of 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.''.

     SEC. 406. AUTHORIZATION OF APPROPRIATIONS AND DEFINITION.

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

     ``SEC. 155. DEFINITION.

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

     SEC. 501. PART HEADING.

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

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

     SEC. 502. PURPOSE.

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

     ``SEC. 161. PURPOSE.

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

     SEC. 503. GRANT AUTHORITY.

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

     SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 163(a) (42 U.S.C. 6083(a)) is 
     amended--
       (1) by striking ``$3,650,000'' and inserting 
     ``$4,000,000'';
       (2) by striking ``fiscal year 1991'' and inserting ``fiscal 
     year 1994''; and
       (3) by striking ``fiscal years 1992 and 1993'' and 
     inserting ``fiscal years 1995 and 1996''.
       (b) Limitations.--Section 163(b) (42 U.S.C. 6083(b)) is 
     amended to read as follows:
       ``(b) Limitations.--
       ``(1) Projects of national significance.--At least 8 
     percent, but in no event less than $300,000, of the amounts 
     appropriated pursuant to subsection (a) shall be used to 
     carry out the provisions of section 162(a)(1)(B).
       ``(2) Investigations.--
       ``(A) In general.--The additional authority to fund 
     projects under section 162(b) shall not be construed as 
     requiring the Secretary to supplant funding for other 
     priorities described in this part.
       ``(B) Time line for funding.--If amounts are available to 
     carry out subparagraphs (A), (B), and (C) of section 
     162(b)(1), the Administration shall provide funding to carry 
     out such 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.''.

       And the House agree to the same.
     John D. Dingell,
     Henry A. Waxman,
     Sherrod Brown,
     Carlos J. Moorhead,
     Tom Bliley,
                                Managers on the Part of the House.

     Edward M. Kennedy,
     Tom Harkin,
     Howard M. Metzenbaum,
     Nancy Landon Kassebaum,
     Dave Durenberger,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the House to the bill (S. 1284) to extend and 
     improve the Developmental Disabilities Assistance and Bill of 
     Rights Act, submit the following joint statement to the House 
     and the Senate in explanation of the effect of the action 
     agreed upon by the managers and recommended in the 
     accompanying conference report:
       The House amendment struck all of the Senate bill after the 
     enacting clause and inserted a substitute text.
       The Senate recedes from its disagreement to the amendment 
     of the House with an amendment which is a substitute for the 
     Senate bill and the House amendment. The differences between 
     the Senate bill, the House amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the Conferees, and minor drafting and clarifying 
     changes.


                       part a--general provisions

     1. Findings, purpose and policy
       (a) Findings.--With slightly different wording, both the 
     Senate bill and the House amendment update the findings of 
     the Act.
       The House recedes to the Senate and the Senate recedes to 
     the House with an amendment. The amendment inserts a new 
     finding to read as follows:
       ``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.''
       The amendment shall include the following findings from the 
     Senate bill: (1), (4), (5), and (7). The amendment shall 
     include the following findings from the House amendment: (2), 
     (3), (6), (8), and (9). The new finding shall be number (9) 
     and number (9) in the House amendment shall be renumbered 
     (10).
       (b) Purpose.--With slightly different wording, both the 
     Senate bill and the House amendment update the purpose of the 
     Act.
       The House recedes to the Senate and the Senate recedes to 
     the House, with an amendment. First, the amendment includes 
     the introductory phrase from the Senate bill and inserts the 
     phrase ``participate in the design of and'' before the phrase 
     ``have access to culturally competent services.''
       Second, paragraph (1) from the House amendment, shall be 
     included and shall be amended by inserting ``activities (that 
     are consistent with the policy under subsection (c)(2))'' 
     after advocacy.
       Third, the amendment shall include paragraphs (2), (3), and 
     (4) from the Senate bill.
       (c) Policy.--With slightly different wording, the Senate 
     bill and the House amendment add a policy section to the Act.
       The House recedes to the Senate and the Senate recedes to 
     the House with an amendment. First, the amendment shall 
     include paragraphs (2) and (3) from the House amendment and 
     paragraphs (1), (4), (5), and (6) from the Senate bill.
       Second, paragraph (1) is amended by inserting the phrase 
     ``often require'' before the phrase ``the provisions of 
     services, supports and other assistance'' and striking the 
     phrase ``can improve such individuals' ability''.
       Third, paragraph (5) is amended by striking ``communities 
     accept and support individuals with developmental 
     disabilities'' and inserting ``with education and support, 
     communities can be responsive to the needs of individuals 
     with developmental disabilities and their families''.
       Fourth, paragraph (6) is amended by striking ``have 
     opportunities'' and inserting ``should have access to 
     opportunities''.
       Fifth, the amendment inserts, after paragraph (4), two 
     additional principles to read as follows:
       ``(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;'' and
       ``(6) recruitment efforts within development disabilities 
     at the level of preservice training, community training, 
     practice, administration and policy-making 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;.''
       Sixth, paragraph (5) and (6) from the Senate bill are 
     renumbered (7) and (8) respectively.
       Questions have been raised regarding the meaning of the 
     language in the first full paragraph on page 8 of the House 
     Committee Report No. 103-378 that accompanies H.R. 3505.
       In lieu of such language, the conferees make the following 
     statement of Congressional intent:
       First, the goals expressed in this Act to promote the 
     greatest possible integration and independence for 
     individuals with development disabilities may not be read as 
     a Federal policy supporting the closure of residential 
     institutions.
       Second, the programs established under Parts B and D of the 
     Act shall use the resources made available under this Act in 
     accordance with the purposes and statement of policy set 
     forth in the Act, including to assist States to create 
     community options for individuals and families who state or 
     demonstrate their desire to such options.
       Third, Protection and Advocacy systems established under 
     Part C of the Act shall use the resources made available 
     under this Act in accordance with the purposes and statement 
     of policy set forth in the Act, and are authorized to pursue 
     appropriate remedies to address the violation of rights under 
     other laws in all settings, including community, and ICF/MR 
     institutions. This includes responding to ICF/MR reports and 
     correction plans and complaints concerning community 
     placements.
     2. Definitions
       The Senate bill, but not the House amendment, updates 
     several definitions, adds new definitions, deletes 
     definitions that are obsolete, and alphabetizes the 
     definitions.
       The House recedes with an amendment. First, the section is 
     amended by inserting a definition for the term ``Culturally 
     Competent'' as follows: ``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 which has the greatest likelihood of ensuring their 
     maximum participation in the program.''
       Second, the section is amended by inserting a definition 
     for the term ``Unserved and Underserved'' as follows: ``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.''
       Third, the section is amended by striking the definition of 
     systemic advocacy.
     3. Federal share
       The Senate bull, but not the House amendment, repeals 
     section 103 of the Act (Federal Share). These provisions are 
     moved to parts B and parts D.
       The House recedes
     4. Recovery
       The Senate bill, but not the House amendment, repeals 
     section 105 of the Act (Recovery).
       The House recedes.
     5. State control of operations
       The Senate bill, but not the House amendment, strikes 
     ``facility for persons'' and inserts ``programs, services and 
     supports for individuals'' in section 106 of the Act (State 
     Control of Operations).
       The House recedes. This language conforms to the 
     Rehabilitation Act of 1973, as amended by the Rehabilitation 
     Act Amendments of 1992.
     6. Reports
       (a) The Senate bill, but not the House amendment, includes 
     provisions that would allow Councils to selectively review 
     the survey reports and correction and reduction plans related 
     to the ICF/MR program, and summary data that may be 
     available. This replaces a provision that requires Councils 
     to review each report and each plan.
       The House recedes.
       (b) The Senate bill, but not the House amendment, strikes 
     ``1902(a)(31)(C)'' in section 107(a)(4) of the Act and 
     inserts ``1902(a)(31)(C).'' This is simply a more general 
     reference and does not change the intent of this provision.
       The House recedes.
       (c) The Senate bill, but not the House amendment, includes 
     a provision that requires Councils and the Secretary to 
     include in their annual report a description of trends and 
     progress made in the State on behalf of individuals with 
     developmental disabilities.
       The House recedes with an amendment that strikes 
     ``including individuals'' and inserts ``particularly 
     individuals'' in sections 107(a)(5)(A) and 107(c)(1)(C)(i) of 
     the Act.
       (d) The Senate bill, but not the House amendment, includes 
     a provision that requires Councils and the Secretary, in 
     their annual reports, to describe systemic change, capacity 
     building and advocacy activities that affect individuals with 
     disabilities other than developmental disabilities.
       The House recedes.
       (e) The Senate bill, but not the House amendment, requires 
     that the State Developmental Disabilities Councils include, 
     in their annual report to the Secretary, a description of the 
     resources leveraged as a result of Council activities.
       The House recedes.
       (f) The Senate bill, but not the House amendment, requires 
     that the annual report of the Council include a description 
     of the council's dissemination plans for the annual report 
     that target affected constituencies and the general public, 
     and a requirement that the report must be available in 
     accessible formats.
       The House recedes.
       (g) The Senate bill, but not the House amendment, requires 
     the protection and advocacy systems to include in their 
     annual report to the Secretary a description of the system's 
     priorities for the year, the process used to obtain public 
     input, the nature of the input, and how it was used.
       The House recedes.
     7. Employment of individuals with disabilities
       The Senate bill, but not the House amendment, strikes 
     ``Handicapped Individuals'' in the heading of section 109 of 
     the Act and inserts ``Individuals with Disabilities,'' and 
     strikes ``rehabilitation facilities'' and inserts ``community 
     rehabilitation programs.''
       The House recedes.


part b--federal assistance to state developmental disabilities councils

     1. Purpose
       The Senate bill, but not the House amendment, updates the 
     purpose of this part by including the concepts of systemic 
     change, capacity building, and advocacy activities for 
     Developmental Disabilities Councils to reflect the overall 
     role of the Council. Also the concepts of consumer and 
     family-centered are added by the bill to reflect the 
     principles that services, supports and other assistance 
     should be provided in a manner that demonstrates respect for 
     individual dignity, personal preferences, and cultural 
     differences, and that individuals with developmental 
     disabilities and their families are the primary 
     decisionmakers regarding the services, supports and other 
     assistance they receive.
       The House recedes with an amendment that inserts 
     ``activities that are consistent with the policy under 
     section 101(c)(2)'' after ``advocacy'' and inserts 
     ``culturally competent'' before ``services, supports and 
     other assistance.''
     2. State plan
       The Senate bill, but not the House amendment, makes several 
     modifications and additions to the State plan, and 
     significantly reorganizes the section by grouping related 
     provisions together.
       The House recedes with an amendment. First, the amendment 
     inserts a new provision after section 122(c)(3)(C)(ii) as 
     amended by the Senate bill, specifying that the examination 
     of the priority areas required in the comprehensive review 
     and analysis, include ``an analysis of the barriers which 
     impede full participation by members of unserved and 
     underserved groups''. The new provision shall be numbered 
     (iii) and provisions (iii) through (viii) in the Senate bill 
     shall be renumbered (iv) through (ix), respectively.
       Second, section 122(c)(3)(C)(ix), as renumbered, is amended 
     by striking ``(v)'' and inserting ``(vi)''.
       Third, section 122(c)(5)(M) as amended by the Senate bill, 
     is amended by inserting the following at the end of the 
     provision: ``except that the designated State agency shall 
     have the authority necessary to carry out the 
     responsibilities described in section 124(d)(3).''
     3. Habilitation plans
       The Senate bill, but not the House amendment, repeals 
     section 123 of the Act.
       The House recedes. The conferees note that this section is 
     not relevant for the programs funded under this Act because 
     they do not provide direct treatment or habilitation services 
     to individuals. Instead, a provision is included in the 
     assurances that grantees that provide any direct services 
     funded under part B will be provided in an individualized 
     manner, consistent with unique strengths, resources, 
     priorities, concerns, abilities, and capabilities of an 
     individual.
     4. State developmental disabilities councils
       The Senate bill, but not the House amendment, significantly 
     reorganizes the section on State Developmental Disabilities 
     Councils.
       (a) Purpose.--The Senate bill, but not the House amendment, 
     specifies the purpose of the Council.
       The House recedes with an amendment that, in section 124(a) 
     as amended by the Senate bill, strikes ``conduct'' and 
     inserts ``promote through'', and strikes ``on behalf of all 
     individuals with developmental disabilities'' and inserts 
     ``(consistent with 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.''
       (b) Council Membership.--The Senate bill, but not the House 
     amendment, further specifies procedures for appointments to 
     the Council, rotation of members, and composition of the 
     Council.
       The House recedes with an amendment. First, section 
     124(b)(1) as amended by the Senate bill, is amended by 
     striking ``The Council shall coordinate'' and inserting ``The 
     Council may, at the request of the Governor, coordinate''.
       Second, section 124(b)(2) as amended by the Senate bill, is 
     amended by striking ``and the Secretary, and the Secretary 
     shall contact the Governor''.
       Third, section 124(b)(5)(B) as amended by the Senate bill, 
     is amended by striking ``or immediate relatives'' and 
     inserting ``and immediate relatives''.
       (c) Council Responsibilities.--The Senate bill, but not the 
     House amendment, specifies the responsibilities of the 
     Council.
       The House recedes with an amendment. First, section 
     124(c)(1), as amended by the Senate bill, is amended by 
     inserting the ``Activities'' after ``Advocacy'' the end of 
     the heading.
       Second, section 124(c)(4)(K) as amended by the Senate bill, 
     is amended by striking ``expand and enhance the'' and 
     inserting ``promote the development of a consumer and family-
     centered, comprehensive system and a coordinated array of 
     culturally competent services, supports and other assistance 
     designed to achieve.''.
       Third, section 124(c)(6) as amended by the Senate bill, is 
     amended by striking ``appropriateness of the designated State 
     agency'' and inserting ``designated State agency with respect 
     to activities carried out under this Act''.
       Fourth, section 124(c)(8)(B) as amended by the Senate bill, 
     is amended by striking ``that negatively affect the provision 
     of staff support to the Council'' and inserting ``to the 
     extent that such policies would impact staff or functions 
     funded with Federal funds and would prevent the Council from 
     carrying out its functions under this Act''.
       Fifth, section 124(c)(9) as amended by the Senate bill, is 
     amended by striking ``for case only, based on documented 
     performance evaluations and'' and striking ``Council 
     directors and staff who are exempt from State personnel 
     policies may be dismissed based only on documented 
     performance criteria.''
       Sixth, section 124(c) is amended by inserting a new 
     paragraph at the end to read ``(12) Nothing in this Act shall 
     be construed to authorize a Council to direct, control, or 
     exercise any policymaking authority or administrative 
     authority over any program assisted under the Rehabilitation 
     Act of 1973 or the Individuals with Disabilities Education 
     Act.''
     5. Designated state agencies
       The Senate bill, but to the House amendment, incorporates 
     provisions related to the designated State agency into a 
     single subsection, adds a reference to the role of the State 
     legislature in the redesignation process, replaces the phrase 
     ``administrative support services'' with the phrase ``support 
     services'' to describe the type of services that are provided 
     to the Council by the designated State agency, clarifies 
     procedures for redesignation and clarifies the 
     responsibilities of the State agency.
       The House recedes.
     6. 1990 report
       The Senate bill, but not the House amendment, groups all 
     provisions related to the report required on January 1, 1990 
     in one section.
       The House recedes. The conferees note that the reviews, 
     analyses and final reports from the 1990 Report continue to 
     be used as an important source of information for Council 
     planning efforts.
     7. State allotments
       The Senate bill, but not the House amendment, adds a 
     provision that holds each State harmless at the higher of the 
     fiscal year 1992 or fiscal year 1993 levels, with a ratable 
     reduction if funds are not adequate. The bill sets minimum 
     funding levels of $210,000 for American Samoa, Guam, the 
     Virgin Islands, Northern Mariana Islands and Palau, and 
     $400,000 for other States if the appropriation is less than 
     $75,000,000. For appropriations greater than $75,000,000, the 
     minimum funding levels are set at $220,000 and $450,000, 
     respectively.
       The House recedes with an amendment that inserts a new 
     subsection after section 125(b) of the Act that reads as 
     follows:
       (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.'' The conferees intend to remove any 
     barriers that discourage State Developmental Disabilities 
     Councils from entering into Interagency Agreements that 
     accomplish the purposes of the Council. Sections 125 (c) and 
     (d) of the Act shall be relettered (d) and (e) respectively.
     8. Federal and non-Federal share
       The Senate bill, but not the House amendment, adds a new 
     section on Federal and non-Federal share. This section groups 
     together related provisions from the Act, including the 
     provision on non-duplication The bill adds two new 
     provisions--a waiver of the non-Federal share requirement 
     when Council members and staff are the implementing agents of 
     State plan priority activities and a clarification that 
     Councils may vary the non-Federal share required on a grant-
     by-grant basis, as long as the total non-Federal share meets 
     the statutory requirements.
       The House recedes.
     9. Review, analysis and report
       The Senate bill, but not the House amendment, directs the 
     Secretary to (1) review and analyze the current allotment 
     formula under parts B and C, including the factors, data 
     elements and measures, to determine whether the formula used 
     is consistent with the purpose of the Act, (2) identify 
     alternative funding formulas, consistent with the purpose of 
     the Act, and (3) report back to the relevant Committees in 
     the Senate and the House no later than October 1, 1995.
       The House recedes.
     10. Authorization of appropriations
       The Senate bill authorizes $77,400,000 for fiscal year 
     1994, and such sums for 1995 and 1996. The House amendment 
     authorizes $70,000,000 for 1994, and such sums for 1995 and 
     1996.
       The Senate recedes.


   part c--protection and advocacy of the rights of individuals with 
                       developmental disabilities

     1. Title of part
       The House amendment, but not the Senate bill, changes the 
     title of this part from ``Protection and Advocacy of 
     Individual Rights'' to ``Protection and Advocacy of the 
     Rights of Individuals with Developmental Disabilities.''
       The Senate recedes.
     2. System requirements
       The Senate bill adds or modifies several of the 
     requirements of the Protection and Advocacy systems, 
     including the addition of a provision regarding public notice 
     of Federal onsite reviews. The House amendment adds a 
     provision regarding public notice of Federal onsite reviews, 
     which includes a requirement that the results of such reviews 
     shall be distributed to the Governor of the State and to 
     other interested parties.
       The House recedes to the Senate and the Senate recedes to 
     the House, with an amendment. First, section 142(a)(2)(A) as 
     amended by the Senate bill, is amended by striking 
     ``underserved geographical areas and.''
       Second, section 142(a)(2)(J) as amended by the Senate bill, 
     is amended by striking all that appears after ``reductions in 
     force'' and inserting ``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;''
       Third, the amendment shall include section 142(i) as 
     amended by the House amendment, and such section shall be 
     relettered 142 (k).
     3. Authorization of appropriations
       The Senate bill authorizes $29,000,000 for fiscal year 
     1994, and such sums for 1995 and 1996. The House amendment 
     authorizes $24,000,000 for 1994, and such sums for 1995 and 
     1996.


                 part d--university affiliated programs

     1. Purpose and scope of activities
       The Senate bill, but not the House amendment, revises the 
     description of the purpose and scope of university affiliated 
     programs (UAPs) to incorporate updated concepts about these 
     university-based programs. The description of UAPs recognizes 
     the fact that UAPs are located in, or affiliated with 
     universities and, as such, provide an important foundation 
     for higher education's response to the needs of individuals 
     with developmental disabilities and their families. UAPs 
     contribute to and reflect the overall mission of their host 
     universities, and seek to ensure that the activities, 
     resources, and expertise of the university are responsive to 
     individuals with developmental disabilities and their 
     families, advocacy organizations, and service systems and 
     providers.
       The House recedes with an amendment that inserts the phrase 
     ``which are conducted in a culturally competent manner'' 
     after ``the following activities.''
     2. Grant authority
       (a) Administration and Operation.--The Senate bill, but not 
     the House amendment, provides for grant periods of up to 5 
     years.
       The House recedes.
       (b) Training Projects.--The Senate bill, but not the House 
     amendment, provides for grant periods of up to 5 years for 
     training projects, updates the descriptions of the training 
     project areas, and adds a new training project area--training 
     in the Americans with Disabilities Act (ADA).
       The House recedes with an amendment. First, section 
     152(b)(3)(D)(i) is amended by inserting ``and cultural'' 
     after ``personal''.
       Second, an additional area of focus for training projects 
     is inserted, to read as follows:
       ``(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.'' Section 152(b)(3)(G) as amended 
     by the Senate bill shall be relettered 152(b)(3)(H).
       (c) Criteria for Training Projects.--The Senate bill, but 
     not the House amendment, specifies criteria for training 
     projects and adds a requirement that, to the extent possible, 
     training projects shall address the unique needs of 
     individuals with developmental disabilities from ethnic, 
     cultural, and linguistic minority backgrounds.
       The House recedes with an amendment that strikes section 
     152(b)(6)(B)(vii) and inserts the following:
       ``(vii) utilize strategies to recruit and train individuals 
     from racial and ethnic minority backgrounds and individuals 
     with disabilities; and
       ``(viii) address the issue of cultural competence in the 
     training provided.''
       (d) Supplemental Awards.--The Senate bill, but not the 
     House amendment, expands the authority for supplemental 
     awards to include interdisciplinary training, community 
     training, technical assistance, community services, and/or 
     dissemination of information.
       The House recedes.
       (e) Satellite Centers.--The Senate bill, but not the House 
     amendment, strikes provisions related to satellite centers.
       The House recedes. The Conferees note that significant 
     progress has been made in reaching the goal of establishing a 
     university affiliated program in every State, making new 
     satellite centers unnecessary. The conferees intend that this 
     provision does not affect the status of the university 
     affiliated program activities being conducted in the Pacific 
     Rim (American Samoa, Guam, and the Northern Mariana Islands) 
     through supplemental funding to the Hawaii university 
     affiliated program. It is not the intent of the conferees 
     that the Pacific Rim become an independent university 
     affiliated program as a result of the removal of the 
     authority for satellite centers.
     3. Applications
       (a) Standards.--The Senate bill, but not the House 
     amendment, directs the Secretary to establish by regulation, 
     standards for university affiliated programs, within 12 
     months of the enactment of this Act.
       The House recedes.
       (b) Consumer Advisory Committee.--The Senate bill, but not 
     the House amendment, specifies that representatives from 
     Parent Training and Information Centers may be included in 
     the membership of the Consumer Advisory Committee.
       The House recedes with an amendment that inserts at the end 
     of section 153(d) the following: ``The consumer advisory 
     committee shall reflect the racial and ethnic diversity of 
     the geographic area served by the university affiliated 
     program.''
       (c) Federal Share.--The Senate bill, but not the House 
     amendment, incorporates provisions related to the Federal 
     share from part A of the current law.
       The House recedes.
       (d) Peer Review.--The Senate bill, but not the House 
     amendment, requires that members of peer review groups be 
     qualified by both experience and training. Current law 
     specifies experience or training.
       The House recedes.
     4. Grant awards
       (a) Priority for Grant Awards.--The Senate bill, but not 
     the House amendment, specifies priorities for awarding funds 
     under this part.
       The House recedes.
       (b) Single application.--The Senate bill, but not the House 
     amendment, includes a new provision that allows the Secretary 
     to accept applications under sections 152(a) (administration 
     and operation) and 152(b) (training projects) in the same 
     application when every State has a university affiliated 
     program and every university affiliated program has a 
     training project.
       The House recedes.
     5. Definition of State
       The Senate bill, but not the House amendment, specifies 
     that for the purposes of this part, the term State is defined 
     as the States of the United States, the District of Columbia, 
     Puerto Rico, and the U.S. Virgin Islands.
       The House recedes with an amendment that includes Guam in 
     the definition of State for this part.
     6. Authorization of appropriations
       (a) The Senate bill, but not the House amendment, 
     authorizes the Secretary to use not more than $300,000 for 
     peer review and related activities.
       The House recedes. Conferees encourage the Secretary to use 
     Departmental general operation funds to support these 
     activities to the greatest extent possible and to use funds 
     appropriated under this section for programmatic activities.
       (b) The Senate bill authorizes $21,000,000 for fiscal year 
     1994, and such sums for 1995 and 1996. The House amendment 
     authorizes $19,000,000 for 1994, and such sums for 1995 and 
     1996.
       The Senate recedes.


               part e--projects of national significance

     1. Purpose
       The Senate bill, but not the House amendment, expands the 
     purpose of this part to provide for grants and contracts to 
     support special pilot projects to explore the expansion of 
     part B programs (State Developmental Disabilities Councils) 
     to individuals with severe disabilities other than 
     developmental disabilities.
       The House recedes with an amendment. First, section 
     161(3)(D) as amended by the Senate bill, is amended by 
     striking ``minority participation'' and inserting 
     ``participation of racial and ethnic minorities'' after 
     ``enhancement of''.
       Second, the section is amended by adding ``transition of 
     youth with developmental disabilities from school to adult 
     life'' to the list of projects that hold promise to expand or 
     improve opportunities for individuals with developmental 
     disabilities.
     2. Grant authority
       (a) Data Collection.--The Senate bill, but not the House 
     amendment, directs the Secretary to fund projects to support 
     on-going data collection on expenditures, residential 
     services and employment and to development an ongoing data 
     collection system, including data on the accomplishments of 
     State Developmental Disabilities Councils, protection and 
     advocacy systems, and university affiliated programs.
       The House recedes with an amendment that inserts at the end 
     of section 162(a)(1)(A) the following: ``that includes data 
     on the participation of individuals from racial and ethnic 
     minority backgrounds.''
       (b) Technical Assistance.--The Senate bill, but not the 
     House amendment, directs the Secretary to fund projects to 
     provide technical assistance that expands or improves the 
     effectiveness of State Developmental Disabilities Councils, 
     protection and advocacy systems, and university affiliated 
     programs.
       The House recedes.
       (c) Other Projects.--The Senate bill, but not the House 
     amendment, specifies other areas for projects of national 
     significance that the Secretary may support through grants 
     and contracts.
       The House recedes with an amendment. First, section 
     162(a)(2)(A) as amended by the Senate bill, is amended by 
     inserting ``that are culturally competent and that'' after 
     ``and their families''.
       Second, section 162(a)(2)(D) as amended by the Senate bill, 
     is amended by striking ``traditionally unserved or 
     underserved (including individuals of ethnic and racial 
     minority groups, and individuals from underserved 
     geographical areas)'' and inserting ``from racial and ethnic 
     minority backgrounds''.
       Third, the amendment inserts after section 162(a)(2)(D) as 
     amended by the Senate bill, the following: ``(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.''
       (d) Special Initiatives.--The Senate bill, but not the 
     House amendment, directs the Secretary to support grants to 
     conduct an investigation on the expansion of part B programs 
     (Developmental Disabilities Councils) to individuals with 
     severe disabilities other than developmental disabilities.
       The House recedes.
       (e) Grant Requirements.--The Senate bill, but not the House 
     amendment, specifies the requirements for grants under this 
     part.
       The House recedes with an amendment that inserts after 
     section 163(b)(3) as amended by the Senate bill, the 
     following:
       ``(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''.
       (f) List of Project Recipients.--The Senate bill, but not 
     the House amendment, directs the Secretary to publish, on an 
     annual basis, the recipients, project descriptions and 
     funding levels for all projects funded under this part, and 
     includes the requirement that the amounts for such grants and 
     contracts shall total the amount appropriated under this part 
     for such fiscal year.
       The House recedes.
     3. Authorizations of appropriations
       (a) Limitations.--The Senate bill, but not the House 
     amendment, specifies that the provision to fund special 
     initiatives on the expansion of part B activities to 
     individuals with disabilities other than developmental 
     disabilities shall not be construed as requiring the 
     Secretary to supplant funding for other priorities described 
     in this part.
       The House recedes.
       (b) Time Line for Funding.--The Senate bill, but not the 
     House amendment, specifies that funding to carry out the 
     special initiatives shall be provided no later than May 1 of 
     the fiscal year in which such funds become available.
       The House recedes.
       (c) Program Reviews and Administrative Activities.--The 
     Senate bill, but not the House amendment, states that the 
     Secretary may not use funds made available under this part 
     for program reviews required by regulation or other 
     administrative activities.
       The House recedes.
       (d) Technical Assistance.--The Senate bill, but not the 
     House amendment, includes the provision that if technical 
     assistance to protection and advocacy systems is funded under 
     part C, then no funding for such activity will be provided 
     under part E.
       The House recedes.
     John D. Dingell,
     Henry A. Waxman,
     Sherrod Brown,
     Carlos J. Moorhead,
     Tom Bliley,
                                Managers on the Part of the House.
     Edward M. Kennedy,
     Tom Harkin,
     Howard M. Metzenbaum,
     Nancy Landon Kassebaum,
     Dave Durenberger,
     Managers on the Part of the Senate.

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