Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994

TABLE OF CONTENTS:

Title I: General Provisions

Title II: Federal Assistance for Priority Area Activities

for Individuals with Developmental Disabilities

Title III: Protection and Advocacy of Individual Rights

Title IV: University Affiliated Programs

Title V: Projects of National Significance

Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1993 - Title I: General Provisions - Amends the Developmental Disabilities Assistance and Bill of Rights Act to repeal provisions regarding: (1) the Federal share of projects for persons with developmental disabilities; and (2) Federal recovery of funds for facilities which are sold or cease to be facilities for persons with developmental disabilities.

(Sec. 108) Revises reporting requirements.

Title II: Federal Assistance for Priority Area Activities for Individuals with Developmental Disabilities - Revises State plan requirements to require plans to: (1) provide for a State Developmental Disabilities Council; (2) contain a comprehensive review and analysis of the extent to which services and supports are available to individuals with such disabilities and their families; and (3) provide specified objectives and assurances with respect to use of funds, financial participation, conflicts of interest, a poverty areas, program standards, individualized services, human rights, minority participation, intermediate care facilities for the mentally retarded reports, volunteers, employee protections, and staff assignments.

(Sec. 204) Repeals habilitation plan provisions.

(Sec. 205) Replaces provisions concerning State Planning Councils with provisions requiring States to establish State Developmental Disabilities Councils in order to receive Federal assistance.

Requires a Council to: (1) serve as an advocate for individuals with developmental disabilities and conduct programs to carry out the purposes of this Act; (2) examine the need for Federal and State priority areas to address assistance for such individuals; (3) develop and implement the State plan by supporting the Federal priority area of employment and other priority areas through systemic change, capacity building, and specified advocacy activities; (4) review the appropriateness of the State agency designated to support the Council; and (5) prepare reports, approve and implement budgets, and carry out staff hiring and assignments.

Sets forth provisions concerning State agencies designated to support the Councils.

(Sec. 206) Revises provisions concerning State allotments, including allotment formulas for assistance to U.S. territories and States.

(Sec. 207) Prohibits the Federal share of all projects in a State supported by an allotment from exceeding 75 percent of the aggregate costs of such projects or 90 and 100 percent, respectively, for projects targeting individuals with developmental disabilities who live in poverty areas and projects to implement State plan priority activities.

(Sec. 212) Extends the authorization of appropriations for allotments through FY 1996.

(Sec. 213) Requires the Secretary of Health and Human Services to study and report to specified congressional committees on: (1) the allotment formula in effect prior to this Act's enactment to determine whether the formula is consistent with the purposes of this Act; and (2) alternative formulas for allocating funds.

Title III: Protection and Advocacy of Individual Rights - Makes technical amendments to provisions concerning State systems to protect the rights of individuals with developmental disabilities.

Expands the list of system requirements to include requirements that a system: (1) have access to any resident who has a developmental disability in a facility that is providing assistance to such resident; (2) hire and maintain sufficient numbers and types of staff to carry out the system's functions, except that such State shall not apply hiring freezes, reductions in force, or other policies that negatively affect the provision of staff support to the system or restrict travel to training and technical assistance activities; and (3) have the authority to educate policymakers.

Revises allotment formulas.

Requires the Secretary, in any case in which amounts appropriated for a fiscal year exceed $24.5 million, to: (1) use up to two percent to provide technical assistance to eligible systems; and (2) provide grants to American Indian Consortiums to provide protection and advocacy services.

Directs the Secretary to provide advance public notice of any Federal programmatic and administrative review and solicit public comment on the system through such notice.

(Sec. 143) Extends the authorization of appropriations for allotments for systems through FY 1996.

Title IV: University Affiliated Programs - Revises provisions concerning the purpose and scope of university affiliated programs (UAPs) for individuals with developmental disabilities.

(Sec. 403) Limits grants for UAPs to a period of five years. Revises provisions concerning grants for training personnel. Sets forth requirements for training projects in the following areas of national significance: (1) early intervention; (2) aging; (3) community services; (4) positive behavioral supports; (5) assistive technology services; and (6) the Americans with Disabilities Act.

(Sec. 404) Revises provisions concerning application requirements for such grants.

Includes individuals with developmental disabilities within the membership of consumer advisory committees required to be established under UAPs.

Limits the Federal share of projects to 75 percent of the total cost (90 percent for projects which target individuals in poverty areas).

(Sec. 405) Establishes priorities for the awarding of grants, with first priority to be given to existing State UAPs.

(Sec. 406) Extends the authorization of appropriations for grants through FY 1996. Limits the amount of funds to be used for peer review.

Title V: Projects of National Significance - Requires the Secretary to 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: (1) support ongoing data collection; and (2) provide technical assistance that expands or improves the effectiveness of State Developmental Disabilities Councils, protection and advocacy programs, and UAPs.

Authorizes the Secretary to make such grants and contracts to conduct other nationally significant initiatives that hold promise of improving opportunities for such individuals.

Provides for a special initiative to investigate the expansion of Council activities to individuals with severe disabilities other than developmental disabilities.

(Sec. 504) Extends the authorization of appropriations for such projects through FY 1996.