Memo: Co-Sponsorship of Two Disability Bills

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File Name (Dublin Core): c021_001_004_025
Title (Dublin Core): Memo: Co-Sponsorship of Two Disability Bills
Description (Dublin Core): Dole is asked to co-sponsor the reauthorization of two bills, Technology-Related Assistance Act of 1993 and Developmental Disabilities Assistance and Bill of Rights Act, and the amendments of them. Includes the bill's amendments.
Date (Dublin Core): 1993-07-30
Date Created (Dublin Core): 1993-07-30
Congress (Dublin Core): 103rd (1993-1995)
Topics (Dublin Core): See all items with this value Disabilities
Policy Area (Curation): Civil Rights and Liberties, Minority Issues
Creator (Dublin Core): Vachon, Alexander
Record Type (Dublin Core): memorandum
Names (Dublin Core): See all items with this value United States. Developmental Disabilities Act of 1984; See all items with this value United States. Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994
Rights (Dublin Core): http://rightsstatements.org/vocab/CNE/1.0/
Language (Dublin Core): eng
Collection Finding Aid (Dublin Core): https://dolearchivecollections.ku.edu/?p=collections/findingaid&id=54&q=
Physical Location (Dublin Core): Collection 021, Box 1, Folder 4
Institution (Dublin Core): Robert J. Dole Institute of Politics, University of Kansas, Lawrence, KS
Archival Collection (Dublin Core): Alec Vachon Papers, 1969-2006
Full Text (Extract Text): Memorandum
Date: July 30, 1993
To: Senator Dole
From: Alec Vachon
Re: Co-Sponsorship of Two Disability Bills
(End of Letterhead)

Routine 3-year reauthorizations of the Technology-Related Assistance Act and Developmental Disabilities Assistance and Bill of Rights Act; section-by-section summaries attached. Both bills marked up today by the Labor and Human Resources without controversy; both slated for the UC calendar next week. I attended Subcommittee on Disability staff meetings with disability groups on both bills beginning in April and Senate hearing on June 29th; and met with Kansans and circulated drafts in Kansas (no concerns). You voted for both Acts in the past.

Although I recommend co-sponsorship, disappointed with reauthorization process. Consortium of Citizens with Disabilities (network of about 108 disability groups) presented a "wish list" of changes to Subcommittee staff, who selected from among them. Neither Majority or Minority staff had own priorities; no discussion of effectiveness of either Act; nor were independent recommendations available. By contrast, in many other areas of policymaking and legislation (e.g., defense, education), opposite problem --surfeit of competing proposals and evaluations. To improve this situation (applies generally to disability legislation), this issue added to list of proposed priorities I am drafting for you.

1. Technology-Related Assistance Act Amendments of 1993

Enacted in 1988 (P.L. 100-407), the Tech Act funds competitive awards to states to improve consumer information and access to assistive technologies, and projects of national significance. Kansas is expected to receive its first grant this year. Authorization set at "such sums" for technical reasons. Actual appropriations shown modest growth in recent years, as more states received grants: FY 92, $28 million; FY 93, $34 million; FY 94 (request), $38 million.

Original co-sponsors: Harkin (Chair, Disability Policy),Durenberger (Ranking, Disability Policy), Kennedy (Chair, Labor & Human Resources), and certain other Committee or Subcommittee members: Jeffords, Metzenbaum, Simon, Wellstone, and Wofford. Kassebaum (Ranking, Labor & Human Resources) did not sign on, but her staff has no problems with the bill.

DO YOU WANT TO CO-SPONSOR THE TECH ACT (S. 1283)?
Yes X
No

2. Developmental Disabilities Assistance and Bill of Rights Act
Since enactment in 1970 (P.L. 91-517), the DD Act has funded State grants for planning and demonstrations (principally State Developmental Disabilities Councils), university training for personnel serving people with developmental disabilities, and projects of national significance; in 1975 (P.L. 94-103), protection and advocacy systems (public interest law projects) added. FY 94 authorization increases 7.3% from FY 1991, $122 to $131million; FY 94 and 95 "such sums" for technical reasons. Actual appropriations have declined slightly or remained constant in recent years: FY 92, $109.2 million; FY 93, $109.1 million; FY 94 (request), $109.1 million.

Original co-sponsors: Harkin, Durenberger, Kennedy, Jeffords, Metzenbaum, Simon, Wellstone, and Wofford. Again, Kassebaum not on, but staff has no problems with the bill.

DO YOU WANT TO CO-SPONSOR THE DD ACT (S. 1284)?
Yes X
No

SECTION-BY-SECTION SUMMARY OF THE DEVELOPMENTAL DISABILITIES ACT AMENDMENTS OF 1993
Set out below is a summary of the major changes made by the staff draft of the Developmental Disabilities Act of 1993.

PART A - GENERAL PROVISIONS
I. Findings, Purpose and Policy
The draft specifies findings, purpose and policy that are consistent with the principles of the Americans with Disabilities Act, the Rehabilitation Act, and the Individuals with Disabilities Education Act. The findings include a provision that "disability is a natural part of the human experience and in no way diminishes the right of individuals to live independently, enjoy self-determination, make choices, contribute to society, and experience full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American Society", and that the Nation's goals include "providing individuals with developmental disabilities with the opportunities and support to make informed choices and decisions; live in homes and communities where they can exercise their full rights and responsibilities as citizens; pursue meaningful and productive lives; contribute to the life of their communities, States and the Nation; have full interdependent relationships with others; and achieve inclusion and integration in society." The purpose is to assure that individuals with developmental disabilities and their families have access to culturally competent services, supports and other assistance and opportunities which promote independence, productivity, integration and inclusion into the community. The policies include recognition of the decision-making roles played by individuals and their families; recognition, support and encouragement for competencies, capabilities and personal goals; respect for individual dignity, personal preferences, and cultural differences; and community acceptance and support.

II. Definitions
The draft updates existing definitions, adds several new definitions, and deletes definitions that are obsolete.

The definition of "State" eliminates the Trust Territory of the Pacific, and adds the Republic of Palau (pending ratification of the Compact of Free Association)."The term "integration" is replaced with the term "integration and inclusion" and the definition is expanded to include "full and active participation" in the community.

The definition of the term "priority area activities" is eliminated and the descriptions of activities listed in the definition are included in section 123, under responsibilities of State Developmental Disabilities Planning Councils.

The definition of "supported employment" is made consistent with the definition from the Rehabilitation Act.

The term "case management activities" is "hereafter referred to as "service coordination activities" and the definition is updated to focus on "activities that assist and enable".

The definition of "university affiliated program" is changed to refer to "a university affiliated program as established in section 152." The scope of activities of a university affiliated program is defined in section 152.

The term "State Planning Council" is replaced with the term "State Developmental Disabilities Council".

The term "assistive technology" is replaced with "rehabilitation technology", as defined in the Technology-Related Assistance for Individuals with Disabilities Act.

The definition of the term "early intervention services" has been updated to reflect the purpose of Part H of the Individuals with Disabilities Education Act.

The definition of "system coordination and community education activities" has been expanded to include activities that "develop and support coalitions and individuals through training in self-advocacy, educating policy makers and citizen leadership skills."

The terms construction, and title are eliminated as obsolete. The term satellite center is eliminated because this concept is not used in the draft. (The existing satellite centers will be considered as full university affiliated programs).

A definition for the term "systemic advocacy" is added.

A definition for the term "other organizations" is added and includes private sector organizations and unincorporated local community groups.

A definition for the term "American Indian Consortium" is added.

III. Federal Share
The provisions in this section are moved to Part B (State Developmental Disabilities Councils) and Part D (university affiliated program).

IV. Recovery
This section is eliminated as obsolete. It addressed the use of facilities, within 20 years after the construction of such facilities) for which Part B or Part D funds had been used toward construction costs. All facilities constructed under this title have been completed for more than 20 years.

V. Reports
The draft adds a requirement 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, and a description of the Council's dissemination plans for the annual report. The dissemination efforts must target affected constituencies and the general public, and must be available in accessible formats.

The protection and advocacy systems must 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.

PART B - FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES COUNCILS
I. Purpose
The concepts of systemic change, capacity building, and advocacy are included in the purpose statement in Section 121 for Developmental Disabilities Councils to reflect the overall role of the Council.

II. State Plan
This section (section 122) is reorganized to group related provisions together. The section on review and analysis includes existing provisions regarding descriptions of services, supports and other assistance provided under other federally assisted state programs; the extent of interagency initiatives in the State; and the need for the federal priority areas and an optional State priority area. Children's mental health has been added as one of the federally assisted State programs to be reviewed by the Council, as part of the Council's planning efforts.

The section on plan objectives groups all of the requirements regarding the selection of priority areas, description of three year and one year objectives, and the evaluation the plan's effectiveness in meeting the objectives.

The State Plan assurances are grouped together and new assurances are added to:
require that service demonstration projects funded by the Council through the designated State agency have been authorized by the Council;

specify the activities that may be funded by part B from funds other than those required to be spent on priority area activities;

require the Council to adopt a conflict of interest policy to address situations in which Council members have a financial or other personal interest in the outcome of Council decisions;

assure that Council staff, who are funded by Council funds, are responsible solely for assisting the Council in carrying out its responsibilities, and are not assigned other duties by the designated State agency; and

assure that the designated State agency does not interfere with the activities and responsibilities of the Council.

Finally, the draft includes new provisions regarding the public review, submission and approval of the State plan. These provisions include in statute what is currently in regulation, and clarify that the Council consults with the designated State agency on the State plan only to obtain assurances and to ensure that the plan is consistent with State Law.

III. Habilitation Plans
The draft eliminates this section because it is not relevant for a program that does not provide direct treatment or habilitation services to individuals. Instead, a provision is included in the assurances that grantees that demonstrate model services must have written individualized plans for each person receiving the services under part B.

IV. State Developmental Disabilities Council Membership
The draft specifies that the Governor shall solicit recommendations for Council membership from the non-State agency members of the Council and from organizations representing individuals with developmental disabilities. Ethnic, cultural, linguistic and geographical diversity shall be considered in making the appointments. The draft also specifies that Council members shall serve until their replacements are appointed and that Councils notify the Secretary of significant delays in appointments.

The individuals representing the agencies and organizations on the Council must have the authority to engage in policy, planning and implementation on behalf of the agency they represent and must recuse themselves from any discussion of grants or contracts for which their agencies are grantees or applicants. The Council members representing individuals with developmental disabilities may include immediate relatives or guardians of adults with mentally impairing developmental disabilities who can not advocate for themselves. The draft also allows parents of individuals with development disabilities who are board members of non-profit grantee or potential grantee organizations to serve on the Council.

The draft specifies that the representative of institutionalized individuals on the Council may be an individual with a developmental disability who resides or previously resided in an institution. It also waives this provision if such individuals do not reside in a State.

V. State Developmental Disabilities Council Responsibilities
The responsibilities of the Council are currently scattered in various sections of the Act. The draft incorporates these responsibilities into one section.

The draft requires the Council to develop and submit a State plan after consultation with the designated State agency. The draft specifies that this consultation is solely for the purpose of obtaining State assurances and ensuring consistency of the plan with State law.

The types of strategies that Councils may use to implement the State plan are described. The draft states that Councils may assist grantees who are conducting successful demonstration activities to develop strategies for securing funding from other sources. Also, to the extent that Councils conduct training activities, such activities must be designed to promote the empowerment of individuals with developmental disabilities and their families. The draft adds a new implementation strategy for Councils which addresses the need to support local networks to provide informal and formal supports and enabling communities to offer access, resources and opportunities. Interagency collaboration and coordination is specified as a strategy to implement the State plan.

The draft adds other plan implementation strategies of coordination with other Councils authorized in Federal and State law and concerned with people with disabilities, and public education and coalition development. Another implementation strategy, informing policy makers, is further specified by listing examples of the types of policy-makers to be addressed.

A requirement is added for the Council to periodically review the appropriations of the designated State agency, and make recommendations for change to the Governor.

The responsibilities of the Council with regard to preparing, approving and implementing a budget are specified. A description of the types of supports that can be paid for by Part B funds is provided, including reimbursing non-State agency Council members for necessary expenses when performing Council duties, and supporting member and staff travel to authorized training and technical assistance activities. Federal funds may be used to hire qualified staff to carry out the functions of the Council, and the State shall not apply State hiring freezes or other personnel restrictions to personnel and positions supported under Part B. Federal funds may be used to direct the expenditure of funds through grants, contracts, as well as interagency agreements, to the extent that such agreements are considered binding contracts under State law.

The responsibilities of the Council in terms of staff hiring and supervision are further specified. The Council is responsible for hiring the director of the Council should the position become vacant. The Council shall also supervise and evaluate the Director. The Director is responsible for hiring and supervising the Council staff. Dismissal for any personnel may be only for cause.

The draft includes a provision that nothing in this part precludes Councils from engaging in systemic change, capacity building and advocacy activities for individuals with disabilities other than developmental disabilities.

VI. Designated State Agency
All of the provisions regarding the designated State agency are incorporated into this section. In terms of the designation of the State agency, the draft includes a reference to the role of the State legislature, because in some States the legislature, not the Governor has responsibility for designation.

If redesignation is under consideration, the general public and non-State agency members of the Council must make a recommendation about an appropriate designated agency. Councils must inform the Governor if the designated agency is inhibiting Council authority regarding advocacy, personnel, budget, and state plan development and implementation. The draft includes a provision authorizing the non-State agency members of the Council to request a review of the designation by the Governor (or Legislature), documenting a reason for change and recommending a preferred designated state agency. The non-State agency members of the Council may appeal to the Secretary for a review if the Council's independence as an advocate is not assured.

The responsibilities of the designated State agency are consolidated in one section. A new provision allows Councils to require the designated State agency to enter into a memorandum of understanding specifying its roles and responsibilities to the Council program.

The draft includes a provision that allows Councils (with the agreement of the designated State agency) may use and/or contract with agencies other than the designated State agency for needed support services.

V. 1990 Report
The reviews, analyses and final report required from Councils on January 1, 1990, are still used as an important source of information for Council planning efforts. Provisions related to the 1990 Report are moved to this section.

VI. State Allotments
The current allotment formula and the way that it is applied for both Developmental Disabilities Councils and Protection and Advocacy Systems has resulted in funding reductions for some States, even in years when there is an increase in appropriations. The proposed changes recommend that each State be held hold-harmless at the higher of the FY 1992 or FY 1993 levels, with a ratable reduction if funds are not adequate. In addition, the proposed changes include a provision directing the Secretary to undertake a study to identify alternative funding formulae.

The draft provides language which clarifies that allotments are to be used for State plan development, monitoring and implementation. There is a requirement that the Secretary include the percentage of the total appropriation for each State in the required notification of adjustments six months prior to the beginning of the fiscal year.

VII. Federal and Non-Federal Share
This section incorporates related provisions, including the existing provision on non-duplication. It waives the non-federal share requirement when Council members and staff are the implementing agents of state plan priority activities.

PART C - PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS
I. System Requirements
The draft adds the following new requirements:
that the protection and advocacy systems must coordinate activities with additional advocacy programs, including Parent Training and Information Centers, education ombudsman programs, and assistive technology projects;

that the system have access at reasonable times and locations to individuals with developmental disabilities who reside in a facility (this requirement is similar to the authority in the Social Security Act to provide access for protection and advocacy systems to individuals residing in nursing homes);

that the system have the authority to pursue legal, administrative and other appropriate remedies in the name of the system on behalf of individuals with developmental disabilities in the event that the individuals are fearful of retaliation in requesting services. This would allow the system to intervene in order to advocate for the clients and not further jeopardize their status;

that the system hires and maintains sufficient numbers of qualified staff to carry out its function and state restrictions on personnel hiring and travel shall not be applied to federally funded system under this part;

that systems have the authority to educate policy makers; and

that redesignation procedures include notice of intent, opportunity for public comment, and opportunity for appeal.

The draft also adds the authority to fund an American Indian Consortium to provide protection and advocacy services.

II. Allotments
As in Part B, there is some concern that certain Part C programs have experienced a decrease in their budget, even when the overall appropriation increased. The draft proposes the same amendment to hold programs harmless, as in Part B.

In addition, the draft proposes that, in any year that the allotment exceeds $24,500,000, up to 2% of the allotment under this part shall be used for technical assistance to eligible systems. In such case, the technical assistance to systems authorized under Part E will not be provided.

III. Governing Board
The draft includes an amendment to require that an advisory council be established in systems that are organized as public systems. It is proposed that the Council shall consist of a majority of individuals who are eligible for, are receiving or have received services of the systems, or their parents, family members, guardians, advocates or authorized representatives.

The draft also proposes that systems organized as private non-profit systems include on their governing boards individuals who are eligible for services, have received or are receiving services, or their parents, family members, guardians, advocates or authorized representatives.

IV. Disclosure of Information
A new provision is proposed to protect the confidentiality of client records from federal reviewers. This is similar to the provision of the Rehabilitation Act.

V. Public Notice of Federal On-Site Review
A new provision requires the Secretary to provide advance public notice of federal reviews and to solicit public comment on the system funded under this part. The intent is to increase the accountability of the system on a state level.

PART D - UNIVERSITY AFFILIATED PROGRAMS
I. Purpose and Scope
This section provides a new description of the "scope of activities" for a university affiliated program, which --
more clearly distinguishes between "academic" training and "community" training;

includes under the heading of "Community Services," community training and technical assistance, as well as "direct services" to individuals with developmental disabilities and their families;

makes optional the provision of "direct services"; and

clarifies the scope of dissemination activities, which may include research.

II. Grants for Administration and Operation
The draft provides for grant periods of up to five years.

III. Training Projects
The draft provides for grant periods of up to five years for training projects. The descriptions of the training project areas are updated, and a new project area -- training in the Americans with Disabilities Act -- is added.

III. Supplemental Awards
The authority for supplemental awards is expanded in this draft to include interdisciplinary training, community training, technical assistance, community services, and/or dissemination of information.

IV. Standards
The Secretary is required to establish by regulation, standards for university affiliated programs, within 12 months of the enactment of this Act.

V. Federal Share
Applicable provisions from the section on Federal Share are moved from Part A to this part.

VI. Allotments and Awards
Proposed priorities for increases in funding are as follows:
(1) a university affiliated program in every State (Wyoming and the Virgin Islands are not served by a university affiliated program);

(2) a training project in every eligible university affiliated program;

(3) an increase from $90,000 to $100,000 for training projects;

(4) an increase from $200,000 to $250,000 for grants for administration and operation; and

(5) address the need for additional training in a State or region which is already served by a university affiliated program through either funding a new university affiliated program, or providing additional funding to an existing program.

VII. Authorization of Appropriation
The draft includes a provision which specifies that the Secretary may not use funds appropriated for administration and operation grants, training projects or supplemental awards for peer review costs or for other administrative activities.

PART E - PROJECTS OF NATIONAL SIGNIFICANCE
I. Purpose
The draft proposes the addition of special pilot projects to explore the expansion of part B (Developmental Disabilities Council) programs to people with severe disabilities other than developmental disabilities.

II. Grant Authority
The draft requires the systematic data collection on the accomplishments of the programs under parts B, C, and D.

Other projects of national significance proposed include:
projects to assist states to implement Statewide information and referral systems, which replaces the previous focus on determining the desirability and feasibility of a nationwide information and referral system;

the inclusion of training for self-advocates and family members as part of the effort to educate policy-makers;

the expansion of initiatives to include individuals from minority groups in programs authorized under this Act, including an increase in the involvement of students and professionals from such groups in the provision of services, supports and advocacy.

III. Special Initiatives
Section 152 also includes a proposal to conduct a special initiative to investigate the expansion of Part B (Developmental Disabilities Council) programs to people with severe disabilities other than developmental disabilities. This initiative would be implemented through (1) a study of the Councils that have already expanded the definition (5-7 states), (2) a study by Councils in up to 5 additional States to study the implications of expanding the definitions, and (3) a national study to analyze the experiences of States with regard to the definition, and to develop recommendations for Congress prior to the next reauthorization of this Act.

Finally, this draft proposes an additional requirement that the Secretary publish, on an annual basis, the recipients, project descriptions and funding levels for all projects funded under this part.

IV. Authorizations of Appropriations
The draft 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 draft also states that the additional authority to fund a special initiative regarding expansion of Part B to people with severe disabilities other than developmental disabilities, shall not be construed as requiring the Secretary to supplant funding for other priorities described in this Part.; Memorandum
Date: July 30, 1993
To: Senator Dole
From: Alec Vachon
Re: Co-Sponsorship of Two Disability Bills
(End of Letterhead)

Routine 3-year reauthorizations of the Technology-Related Assistance Act and Developmental Disabilities Assistance and Bill of Rights Act; section-by-section summaries attached. Both bills marked up today by the Labor and Human Resources without controversy; both slated for the UC calendar next week. I attended Subcommittee on Disability staff meetings with disability groups on both bills beginning in April and Senate hearing on June 29th; and met with Kansans and circulated drafts in Kansas (no concerns). You voted for both Acts in the past.

Although I recommend co-sponsorship, disappointed with reauthorization process. Consortium of Citizens with Disabilities (network of about 108 disability groups) presented a "wish list" of changes to Subcommittee staff, who selected from among them. Neither Majority or Minority staff had own priorities; no discussion of effectiveness of either Act; nor were independent recommendations available. By contrast, in many other areas of policymaking and legislation (e.g., defense, education), opposite problem --surfeit of competing proposals and evaluations. To improve this situation (applies generally to disability legislation), this issue added to list of proposed priorities I am drafting for you.

1. Technology-Related Assistance Act Amendments of 1993

Enacted in 1988 (P.L. 100-407), the Tech Act funds competitive awards to states to improve consumer information and access to assistive technologies, and projects of national significance. Kansas is expected to receive its first grant this year. Authorization set at "such sums" for technical reasons. Actual appropriations shown modest growth in recent years, as more states received grants: FY 92, $28 million; FY 93, $34 million; FY 94 (request), $38 million.

Original co-sponsors: Harkin (Chair, Disability Policy),Durenberger (Ranking, Disability Policy), Kennedy (Chair, Labor & Human Resources), and certain other Committee or Subcommittee members: Jeffords, Metzenbaum, Simon, Wellstone, and Wofford. Kassebaum (Ranking, Labor & Human Resources) did not sign on, but her staff has no problems with the bill.

DO YOU WANT TO CO-SPONSOR THE TECH ACT (S. 1283)?
Yes X
No

2. Developmental Disabilities Assistance and Bill of Rights Act
Since enactment in 1970 (P.L. 91-517), the DD Act has funded State grants for planning and demonstrations (principally State Developmental Disabilities Councils), university training for personnel serving people with developmental disabilities, and projects of national significance; in 1975 (P.L. 94-103), protection and advocacy systems (public interest law projects) added. FY 94 authorization increases 7.3% from FY 1991, $122 to $131million; FY 94 and 95 "such sums" for technical reasons. Actual appropriations have declined slightly or remained constant in recent years: FY 92, $109.2 million; FY 93, $109.1 million; FY 94 (request), $109.1 million.

Original co-sponsors: Harkin, Durenberger, Kennedy, Jeffords, Metzenbaum, Simon, Wellstone, and Wofford. Again, Kassebaum not on, but staff has no problems with the bill.

DO YOU WANT TO CO-SPONSOR THE DD ACT (S. 1284)?
Yes X
No

SECTION-BY-SECTION SUMMARY OF THE DEVELOPMENTAL DISABILITIES ACT AMENDMENTS OF 1993
Set out below is a summary of the major changes made by the staff draft of the Developmental Disabilities Act of 1993.

PART A - GENERAL PROVISIONS
I. Findings, Purpose and Policy
The draft specifies findings, purpose and policy that are consistent with the principles of the Americans with Disabilities Act, the Rehabilitation Act, and the Individuals with Disabilities Education Act. The findings include a provision that "disability is a natural part of the human experience and in no way diminishes the right of individuals to live independently, enjoy self-determination, make choices, contribute to society, and experience full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American Society", and that the Nation's goals include "providing individuals with developmental disabilities with the opportunities and support to make informed choices and decisions; live in homes and communities where they can exercise their full rights and responsibilities as citizens; pursue meaningful and productive lives; contribute to the life of their communities, States and the Nation; have full interdependent relationships with others; and achieve inclusion and integration in society." The purpose is to assure that individuals with developmental disabilities and their families have access to culturally competent services, supports and other assistance and opportunities which promote independence, productivity, integration and inclusion into the community. The policies include recognition of the decision-making roles played by individuals and their families; recognition, support and encouragement for competencies, capabilities and personal goals; respect for individual dignity, personal preferences, and cultural differences; and community acceptance and support.

II. Definitions
The draft updates existing definitions, adds several new definitions, and deletes definitions that are obsolete.

The definition of "State" eliminates the Trust Territory of the Pacific, and adds the Republic of Palau (pending ratification of the Compact of Free Association)."The term "integration" is replaced with the term "integration and inclusion" and the definition is expanded to include "full and active participation" in the community.

The definition of the term "priority area activities" is eliminated and the descriptions of activities listed in the definition are included in section 123, under responsibilities of State Developmental Disabilities Planning Councils.

The definition of "supported employment" is made consistent with the definition from the Rehabilitation Act.

The term "case management activities" is "hereafter referred to as "service coordination activities" and the definition is updated to focus on "activities that assist and enable".

The definition of "university affiliated program" is changed to refer to "a university affiliated program as established in section 152." The scope of activities of a university affiliated program is defined in section 152.

The term "State Planning Council" is replaced with the term "State Developmental Disabilities Council".

The term "assistive technology" is replaced with "rehabilitation technology", as defined in the Technology-Related Assistance for Individuals with Disabilities Act.

The definition of the term "early intervention services" has been updated to reflect the purpose of Part H of the Individuals with Disabilities Education Act.

The definition of "system coordination and community education activities" has been expanded to include activities that "develop and support coalitions and individuals through training in self-advocacy, educating policy makers and citizen leadership skills."

The terms construction, and title are eliminated as obsolete. The term satellite center is eliminated because this concept is not used in the draft. (The existing satellite centers will be considered as full university affiliated programs).

A definition for the term "systemic advocacy" is added.

A definition for the term "other organizations" is added and includes private sector organizations and unincorporated local community groups.

A definition for the term "American Indian Consortium" is added.

III. Federal Share
The provisions in this section are moved to Part B (State Developmental Disabilities Councils) and Part D (university affiliated program).

IV. Recovery
This section is eliminated as obsolete. It addressed the use of facilities, within 20 years after the construction of such facilities) for which Part B or Part D funds had been used toward construction costs. All facilities constructed under this title have been completed for more than 20 years.

V. Reports
The draft adds a requirement 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, and a description of the Council's dissemination plans for the annual report. The dissemination efforts must target affected constituencies and the general public, and must be available in accessible formats.

The protection and advocacy systems must 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.

PART B - FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES COUNCILS
I. Purpose
The concepts of systemic change, capacity building, and advocacy are included in the purpose statement in Section 121 for Developmental Disabilities Councils to reflect the overall role of the Council.

II. State Plan
This section (section 122) is reorganized to group related provisions together. The section on review and analysis includes existing provisions regarding descriptions of services, supports and other assistance provided under other federally assisted state programs; the extent of interagency initiatives in the State; and the need for the federal priority areas and an optional State priority area. Children's mental health has been added as one of the federally assisted State programs to be reviewed by the Council, as part of the Council's planning efforts.

The section on plan objectives groups all of the requirements regarding the selection of priority areas, description of three year and one year objectives, and the evaluation the plan's effectiveness in meeting the objectives.

The State Plan assurances are grouped together and new assurances are added to:
require that service demonstration projects funded by the Council through the designated State agency have been authorized by the Council;

specify the activities that may be funded by part B from funds other than those required to be spent on priority area activities;

require the Council to adopt a conflict of interest policy to address situations in which Council members have a financial or other personal interest in the outcome of Council decisions;

assure that Council staff, who are funded by Council funds, are responsible solely for assisting the Council in carrying out its responsibilities, and are not assigned other duties by the designated State agency; and

assure that the designated State agency does not interfere with the activities and responsibilities of the Council.

Finally, the draft includes new provisions regarding the public review, submission and approval of the State plan. These provisions include in statute what is currently in regulation, and clarify that the Council consults with the designated State agency on the State plan only to obtain assurances and to ensure that the plan is consistent with State Law.

III. Habilitation Plans
The draft eliminates this section because it is not relevant for a program that does not provide direct treatment or habilitation services to individuals. Instead, a provision is included in the assurances that grantees that demonstrate model services must have written individualized plans for each person receiving the services under part B.

IV. State Developmental Disabilities Council Membership
The draft specifies that the Governor shall solicit recommendations for Council membership from the non-State agency members of the Council and from organizations representing individuals with developmental disabilities. Ethnic, cultural, linguistic and geographical diversity shall be considered in making the appointments. The draft also specifies that Council members shall serve until their replacements are appointed and that Councils notify the Secretary of significant delays in appointments.

The individuals representing the agencies and organizations on the Council must have the authority to engage in policy, planning and implementation on behalf of the agency they represent and must recuse themselves from any discussion of grants or contracts for which their agencies are grantees or applicants. The Council members representing individuals with developmental disabilities may include immediate relatives or guardians of adults with mentally impairing developmental disabilities who can not advocate for themselves. The draft also allows parents of individuals with development disabilities who are board members of non-profit grantee or potential grantee organizations to serve on the Council.

The draft specifies that the representative of institutionalized individuals on the Council may be an individual with a developmental disability who resides or previously resided in an institution. It also waives this provision if such individuals do not reside in a State.

V. State Developmental Disabilities Council Responsibilities
The responsibilities of the Council are currently scattered in various sections of the Act. The draft incorporates these responsibilities into one section.

The draft requires the Council to develop and submit a State plan after consultation with the designated State agency. The draft specifies that this consultation is solely for the purpose of obtaining State assurances and ensuring consistency of the plan with State law.

The types of strategies that Councils may use to implement the State plan are described. The draft states that Councils may assist grantees who are conducting successful demonstration activities to develop strategies for securing funding from other sources. Also, to the extent that Councils conduct training activities, such activities must be designed to promote the empowerment of individuals with developmental disabilities and their families. The draft adds a new implementation strategy for Councils which addresses the need to support local networks to provide informal and formal supports and enabling communities to offer access, resources and opportunities. Interagency collaboration and coordination is specified as a strategy to implement the State plan.

The draft adds other plan implementation strategies of coordination with other Councils authorized in Federal and State law and concerned with people with disabilities, and public education and coalition development. Another implementation strategy, informing policy makers, is further specified by listing examples of the types of policy-makers to be addressed.

A requirement is added for the Council to periodically review the appropriations of the designated State agency, and make recommendations for change to the Governor.

The responsibilities of the Council with regard to preparing, approving and implementing a budget are specified. A description of the types of supports that can be paid for by Part B funds is provided, including reimbursing non-State agency Council members for necessary expenses when performing Council duties, and supporting member and staff travel to authorized training and technical assistance activities. Federal funds may be used to hire qualified staff to carry out the functions of the Council, and the State shall not apply State hiring freezes or other personnel restrictions to personnel and positions supported under Part B. Federal funds may be used to direct the expenditure of funds through grants, contracts, as well as interagency agreements, to the extent that such agreements are considered binding contracts under State law.

The responsibilities of the Council in terms of staff hiring and supervision are further specified. The Council is responsible for hiring the director of the Council should the position become vacant. The Council shall also supervise and evaluate the Director. The Director is responsible for hiring and supervising the Council staff. Dismissal for any personnel may be only for cause.

The draft includes a provision that nothing in this part precludes Councils from engaging in systemic change, capacity building and advocacy activities for individuals with disabilities other than developmental disabilities.

VI. Designated State Agency
All of the provisions regarding the designated State agency are incorporated into this section. In terms of the designation of the State agency, the draft includes a reference to the role of the State legislature, because in some States the legislature, not the Governor has responsibility for designation.

If redesignation is under consideration, the general public and non-State agency members of the Council must make a recommendation about an appropriate designated agency. Councils must inform the Governor if the designated agency is inhibiting Council authority regarding advocacy, personnel, budget, and state plan development and implementation. The draft includes a provision authorizing the non-State agency members of the Council to request a review of the designation by the Governor (or Legislature), documenting a reason for change and recommending a preferred designated state agency. The non-State agency members of the Council may appeal to the Secretary for a review if the Council's independence as an advocate is not assured.

The responsibilities of the designated State agency are consolidated in one section. A new provision allows Councils to require the designated State agency to enter into a memorandum of understanding specifying its roles and responsibilities to the Council program.

The draft includes a provision that allows Councils (with the agreement of the designated State agency) may use and/or contract with agencies other than the designated State agency for needed support services.

V. 1990 Report
The reviews, analyses and final report required from Councils on January 1, 1990, are still used as an important source of information for Council planning efforts. Provisions related to the 1990 Report are moved to this section.

VI. State Allotments
The current allotment formula and the way that it is applied for both Developmental Disabilities Councils and Protection and Advocacy Systems has resulted in funding reductions for some States, even in years when there is an increase in appropriations. The proposed changes recommend that each State be held hold-harmless at the higher of the FY 1992 or FY 1993 levels, with a ratable reduction if funds are not adequate. In addition, the proposed changes include a provision directing the Secretary to undertake a study to identify alternative funding formulae.

The draft provides language which clarifies that allotments are to be used for State plan development, monitoring and implementation. There is a requirement that the Secretary include the percentage of the total appropriation for each State in the required notification of adjustments six months prior to the beginning of the fiscal year.

VII. Federal and Non-Federal Share
This section incorporates related provisions, including the existing provision on non-duplication. It waives the non-federal share requirement when Council members and staff are the implementing agents of state plan priority activities.

PART C - PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS
I. System Requirements
The draft adds the following new requirements:
that the protection and advocacy systems must coordinate activities with additional advocacy programs, including Parent Training and Information Centers, education ombudsman programs, and assistive technology projects;

that the system have access at reasonable times and locations to individuals with developmental disabilities who reside in a facility (this requirement is similar to the authority in the Social Security Act to provide access for protection and advocacy systems to individuals residing in nursing homes);

that the system have the authority to pursue legal, administrative and other appropriate remedies in the name of the system on behalf of individuals with developmental disabilities in the event that the individuals are fearful of retaliation in requesting services. This would allow the system to intervene in order to advocate for the clients and not further jeopardize their status;

that the system hires and maintains sufficient numbers of qualified staff to carry out its function and state restrictions on personnel hiring and travel shall not be applied to federally funded system under this part;

that systems have the authority to educate policy makers; and

that redesignation procedures include notice of intent, opportunity for public comment, and opportunity for appeal.

The draft also adds the authority to fund an American Indian Consortium to provide protection and advocacy services.

II. Allotments
As in Part B, there is some concern that certain Part C programs have experienced a decrease in their budget, even when the overall appropriation increased. The draft proposes the same amendment to hold programs harmless, as in Part B.

In addition, the draft proposes that, in any year that the allotment exceeds $24,500,000, up to 2% of the allotment under this part shall be used for technical assistance to eligible systems. In such case, the technical assistance to systems authorized under Part E will not be provided.

III. Governing Board
The draft includes an amendment to require that an advisory council be established in systems that are organized as public systems. It is proposed that the Council shall consist of a majority of individuals who are eligible for, are receiving or have received services of the systems, or their parents, family members, guardians, advocates or authorized representatives.

The draft also proposes that systems organized as private non-profit systems include on their governing boards individuals who are eligible for services, have received or are receiving services, or their parents, family members, guardians, advocates or authorized representatives.

IV. Disclosure of Information
A new provision is proposed to protect the confidentiality of client records from federal reviewers. This is similar to the provision of the Rehabilitation Act.

V. Public Notice of Federal On-Site Review
A new provision requires the Secretary to provide advance public notice of federal reviews and to solicit public comment on the system funded under this part. The intent is to increase the accountability of the system on a state level.

PART D - UNIVERSITY AFFILIATED PROGRAMS
I. Purpose and Scope
This section provides a new description of the "scope of activities" for a university affiliated program, which --
more clearly distinguishes between "academic" training and "community" training;

includes under the heading of "Community Services," community training and technical assistance, as well as "direct services" to individuals with developmental disabilities and their families;

makes optional the provision of "direct services"; and

clarifies the scope of dissemination activities, which may include research.

II. Grants for Administration and Operation
The draft provides for grant periods of up to five years.

III. Training Projects
The draft provides for grant periods of up to five years for training projects. The descriptions of the training project areas are updated, and a new project area -- training in the Americans with Disabilities Act -- is added.

III. Supplemental Awards
The authority for supplemental awards is expanded in this draft to include interdisciplinary training, community training, technical assistance, community services, and/or dissemination of information.

IV. Standards
The Secretary is required to establish by regulation, standards for university affiliated programs, within 12 months of the enactment of this Act.

V. Federal Share
Applicable provisions from the section on Federal Share are moved from Part A to this part.

VI. Allotments and Awards
Proposed priorities for increases in funding are as follows:
(1) a university affiliated program in every State (Wyoming and the Virgin Islands are not served by a university affiliated program);

(2) a training project in every eligible university affiliated program;

(3) an increase from $90,000 to $100,000 for training projects;

(4) an increase from $200,000 to $250,000 for grants for administration and operation; and

(5) address the need for additional training in a State or region which is already served by a university affiliated program through either funding a new university affiliated program, or providing additional funding to an existing program.

VII. Authorization of Appropriation
The draft includes a provision which specifies that the Secretary may not use funds appropriated for administration and operation grants, training projects or supplemental awards for peer review costs or for other administrative activities.

PART E - PROJECTS OF NATIONAL SIGNIFICANCE
I. Purpose
The draft proposes the addition of special pilot projects to explore the expansion of part B (Developmental Disabilities Council) programs to people with severe disabilities other than developmental disabilities.

II. Grant Authority
The draft requires the systematic data collection on the accomplishments of the programs under parts B, C, and D.

Other projects of national significance proposed include:
projects to assist states to implement Statewide information and referral systems, which replaces the previous focus on determining the desirability and feasibility of a nationwide information and referral system;

the inclusion of training for self-advocates and family members as part of the effort to educate policy-makers;

the expansion of initiatives to include individuals from minority groups in programs authorized under this Act, including an increase in the involvement of students and professionals from such groups in the provision of services, supports and advocacy.

III. Special Initiatives
Section 152 also includes a proposal to conduct a special initiative to investigate the expansion of Part B (Developmental Disabilities Council) programs to people with severe disabilities other than developmental disabilities. This initiative would be implemented through (1) a study of the Councils that have already expanded the definition (5-7 states), (2) a study by Councils in up to 5 additional States to study the implications of expanding the definitions, and (3) a national study to analyze the experiences of States with regard to the definition, and to develop recommendations for Congress prior to the next reauthorization of this Act.

Finally, this draft proposes an additional requirement that the Secretary publish, on an annual basis, the recipients, project descriptions and funding levels for all projects funded under this part.

IV. Authorizations of Appropriations
The draft 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 draft also states that the additional authority to fund a special initiative regarding expansion of Part B to people with severe disabilities other than developmental disabilities, shall not be construed as requiring the Secretary to supplant funding for other priorities described in this Part.; Memorandum
Date: July 30, 1993
To: Senator Dole
From: Alec Vachon
Re: Co-Sponsorship of Two Disability Bills
(End of Letterhead)

Routine 3-year reauthorizations of the Technology-Related Assistance Act and Developmental Disabilities Assistance and Bill of Rights Act; section-by-section summaries attached. Both bills marked up today by the Labor and Human Resources without controversy; both slated for the UC calendar next week. I attended Subcommittee on Disability staff meetings with disability groups on both bills beginning in April and Senate hearing on June 29th; and met with Kansans and circulated drafts in Kansas (no concerns). You voted for both Acts in the past.

Although I recommend co-sponsorship, disappointed with reauthorization process. Consortium of Citizens with Disabilities (network of about 108 disability groups) presented a "wish list" of changes to Subcommittee staff, who selected from among them. Neither Majority or Minority staff had own priorities; no discussion of effectiveness of either Act; nor were independent recommendations available. By contrast, in many other areas of policymaking and legislation (e.g., defense, education), opposite problem --surfeit of competing proposals and evaluations. To improve this situation (applies generally to disability legislation), this issue added to list of proposed priorities I am drafting for you.

1. Technology-Related Assistance Act Amendments of 1993

Enacted in 1988 (P.L. 100-407), the Tech Act funds competitive awards to states to improve consumer information and access to assistive technologies, and projects of national significance. Kansas is expected to receive its first grant this year. Authorization set at "such sums" for technical reasons. Actual appropriations shown modest growth in recent years, as more states received grants: FY 92, $28 million; FY 93, $34 million; FY 94 (request), $38 million.

Original co-sponsors: Harkin (Chair, Disability Policy),Durenberger (Ranking, Disability Policy), Kennedy (Chair, Labor & Human Resources), and certain other Committee or Subcommittee members: Jeffords, Metzenbaum, Simon, Wellstone, and Wofford. Kassebaum (Ranking, Labor & Human Resources) did not sign on, but her staff has no problems with the bill.

DO YOU WANT TO CO-SPONSOR THE TECH ACT (S. 1283)?
Yes X
No

2. Developmental Disabilities Assistance and Bill of Rights Act
Since enactment in 1970 (P.L. 91-517), the DD Act has funded State grants for planning and demonstrations (principally State Developmental Disabilities Councils), university training for personnel serving people with developmental disabilities, and projects of national significance; in 1975 (P.L. 94-103), protection and advocacy systems (public interest law projects) added. FY 94 authorization increases 7.3% from FY 1991, $122 to $131million; FY 94 and 95 "such sums" for technical reasons. Actual appropriations have declined slightly or remained constant in recent years: FY 92, $109.2 million; FY 93, $109.1 million; FY 94 (request), $109.1 million.

Original co-sponsors: Harkin, Durenberger, Kennedy, Jeffords, Metzenbaum, Simon, Wellstone, and Wofford. Again, Kassebaum not on, but staff has no problems with the bill.

DO YOU WANT TO CO-SPONSOR THE DD ACT (S. 1284)?
Yes X
No

SECTION-BY-SECTION SUMMARY OF THE DEVELOPMENTAL DISABILITIES ACT AMENDMENTS OF 1993
Set out below is a summary of the major changes made by the staff draft of the Developmental Disabilities Act of 1993.

PART A - GENERAL PROVISIONS
I. Findings, Purpose and Policy
The draft specifies findings, purpose and policy that are consistent with the principles of the Americans with Disabilities Act, the Rehabilitation Act, and the Individuals with Disabilities Education Act. The findings include a provision that "disability is a natural part of the human experience and in no way diminishes the right of individuals to live independently, enjoy self-determination, make choices, contribute to society, and experience full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American Society", and that the Nation's goals include "providing individuals with developmental disabilities with the opportunities and support to make informed choices and decisions; live in homes and communities where they can exercise their full rights and responsibilities as citizens; pursue meaningful and productive lives; contribute to the life of their communities, States and the Nation; have full interdependent relationships with others; and achieve inclusion and integration in society." The purpose is to assure that individuals with developmental disabilities and their families have access to culturally competent services, supports and other assistance and opportunities which promote independence, productivity, integration and inclusion into the community. The policies include recognition of the decision-making roles played by individuals and their families; recognition, support and encouragement for competencies, capabilities and personal goals; respect for individual dignity, personal preferences, and cultural differences; and community acceptance and support.

II. Definitions
The draft updates existing definitions, adds several new definitions, and deletes definitions that are obsolete.

The definition of "State" eliminates the Trust Territory of the Pacific, and adds the Republic of Palau (pending ratification of the Compact of Free Association)."The term "integration" is replaced with the term "integration and inclusion" and the definition is expanded to include "full and active participation" in the community.

The definition of the term "priority area activities" is eliminated and the descriptions of activities listed in the definition are included in section 123, under responsibilities of State Developmental Disabilities Planning Councils.

The definition of "supported employment" is made consistent with the definition from the Rehabilitation Act.

The term "case management activities" is "hereafter referred to as "service coordination activities" and the definition is updated to focus on "activities that assist and enable".

The definition of "university affiliated program" is changed to refer to "a university affiliated program as established in section 152." The scope of activities of a university affiliated program is defined in section 152.

The term "State Planning Council" is replaced with the term "State Developmental Disabilities Council".

The term "assistive technology" is replaced with "rehabilitation technology", as defined in the Technology-Related Assistance for Individuals with Disabilities Act.

The definition of the term "early intervention services" has been updated to reflect the purpose of Part H of the Individuals with Disabilities Education Act.

The definition of "system coordination and community education activities" has been expanded to include activities that "develop and support coalitions and individuals through training in self-advocacy, educating policy makers and citizen leadership skills."

The terms construction, and title are eliminated as obsolete. The term satellite center is eliminated because this concept is not used in the draft. (The existing satellite centers will be considered as full university affiliated programs).

A definition for the term "systemic advocacy" is added.

A definition for the term "other organizations" is added and includes private sector organizations and unincorporated local community groups.

A definition for the term "American Indian Consortium" is added.

III. Federal Share
The provisions in this section are moved to Part B (State Developmental Disabilities Councils) and Part D (university affiliated program).

IV. Recovery
This section is eliminated as obsolete. It addressed the use of facilities, within 20 years after the construction of such facilities) for which Part B or Part D funds had been used toward construction costs. All facilities constructed under this title have been completed for more than 20 years.

V. Reports
The draft adds a requirement 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, and a description of the Council's dissemination plans for the annual report. The dissemination efforts must target affected constituencies and the general public, and must be available in accessible formats.

The protection and advocacy systems must 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.

PART B - FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES COUNCILS
I. Purpose
The concepts of systemic change, capacity building, and advocacy are included in the purpose statement in Section 121 for Developmental Disabilities Councils to reflect the overall role of the Council.

II. State Plan
This section (section 122) is reorganized to group related provisions together. The section on review and analysis includes existing provisions regarding descriptions of services, supports and other assistance provided under other federally assisted state programs; the extent of interagency initiatives in the State; and the need for the federal priority areas and an optional State priority area. Children's mental health has been added as one of the federally assisted State programs to be reviewed by the Council, as part of the Council's planning efforts.

The section on plan objectives groups all of the requirements regarding the selection of priority areas, description of three year and one year objectives, and the evaluation the plan's effectiveness in meeting the objectives.

The State Plan assurances are grouped together and new assurances are added to:
require that service demonstration projects funded by the Council through the designated State agency have been authorized by the Council;

specify the activities that may be funded by part B from funds other than those required to be spent on priority area activities;

require the Council to adopt a conflict of interest policy to address situations in which Council members have a financial or other personal interest in the outcome of Council decisions;

assure that Council staff, who are funded by Council funds, are responsible solely for assisting the Council in carrying out its responsibilities, and are not assigned other duties by the designated State agency; and

assure that the designated State agency does not interfere with the activities and responsibilities of the Council.

Finally, the draft includes new provisions regarding the public review, submission and approval of the State plan. These provisions include in statute what is currently in regulation, and clarify that the Council consults with the designated State agency on the State plan only to obtain assurances and to ensure that the plan is consistent with State Law.

III. Habilitation Plans
The draft eliminates this section because it is not relevant for a program that does not provide direct treatment or habilitation services to individuals. Instead, a provision is included in the assurances that grantees that demonstrate model services must have written individualized plans for each person receiving the services under part B.

IV. State Developmental Disabilities Council Membership
The draft specifies that the Governor shall solicit recommendations for Council membership from the non-State agency members of the Council and from organizations representing individuals with developmental disabilities. Ethnic, cultural, linguistic and geographical diversity shall be considered in making the appointments. The draft also specifies that Council members shall serve until their replacements are appointed and that Councils notify the Secretary of significant delays in appointments.

The individuals representing the agencies and organizations on the Council must have the authority to engage in policy, planning and implementation on behalf of the agency they represent and must recuse themselves from any discussion of grants or contracts for which their agencies are grantees or applicants. The Council members representing individuals with developmental disabilities may include immediate relatives or guardians of adults with mentally impairing developmental disabilities who can not advocate for themselves. The draft also allows parents of individuals with development disabilities who are board members of non-profit grantee or potential grantee organizations to serve on the Council.

The draft specifies that the representative of institutionalized individuals on the Council may be an individual with a developmental disability who resides or previously resided in an institution. It also waives this provision if such individuals do not reside in a State.

V. State Developmental Disabilities Council Responsibilities
The responsibilities of the Council are currently scattered in various sections of the Act. The draft incorporates these responsibilities into one section.

The draft requires the Council to develop and submit a State plan after consultation with the designated State agency. The draft specifies that this consultation is solely for the purpose of obtaining State assurances and ensuring consistency of the plan with State law.

The types of strategies that Councils may use to implement the State plan are described. The draft states that Councils may assist grantees who are conducting successful demonstration activities to develop strategies for securing funding from other sources. Also, to the extent that Councils conduct training activities, such activities must be designed to promote the empowerment of individuals with developmental disabilities and their families. The draft adds a new implementation strategy for Councils which addresses the need to support local networks to provide informal and formal supports and enabling communities to offer access, resources and opportunities. Interagency collaboration and coordination is specified as a strategy to implement the State plan.

The draft adds other plan implementation strategies of coordination with other Councils authorized in Federal and State law and concerned with people with disabilities, and public education and coalition development. Another implementation strategy, informing policy makers, is further specified by listing examples of the types of policy-makers to be addressed.

A requirement is added for the Council to periodically review the appropriations of the designated State agency, and make recommendations for change to the Governor.

The responsibilities of the Council with regard to preparing, approving and implementing a budget are specified. A description of the types of supports that can be paid for by Part B funds is provided, including reimbursing non-State agency Council members for necessary expenses when performing Council duties, and supporting member and staff travel to authorized training and technical assistance activities. Federal funds may be used to hire qualified staff to carry out the functions of the Council, and the State shall not apply State hiring freezes or other personnel restrictions to personnel and positions supported under Part B. Federal funds may be used to direct the expenditure of funds through grants, contracts, as well as interagency agreements, to the extent that such agreements are considered binding contracts under State law.

The responsibilities of the Council in terms of staff hiring and supervision are further specified. The Council is responsible for hiring the director of the Council should the position become vacant. The Council shall also supervise and evaluate the Director. The Director is responsible for hiring and supervising the Council staff. Dismissal for any personnel may be only for cause.

The draft includes a provision that nothing in this part precludes Councils from engaging in systemic change, capacity building and advocacy activities for individuals with disabilities other than developmental disabilities.

VI. Designated State Agency
All of the provisions regarding the designated State agency are incorporated into this section. In terms of the designation of the State agency, the draft includes a reference to the role of the State legislature, because in some States the legislature, not the Governor has responsibility for designation.

If redesignation is under consideration, the general public and non-State agency members of the Council must make a recommendation about an appropriate designated agency. Councils must inform the Governor if the designated agency is inhibiting Council authority regarding advocacy, personnel, budget, and state plan development and implementation. The draft includes a provision authorizing the non-State agency members of the Council to request a review of the designation by the Governor (or Legislature), documenting a reason for change and recommending a preferred designated state agency. The non-State agency members of the Council may appeal to the Secretary for a review if the Council's independence as an advocate is not assured.

The responsibilities of the designated State agency are consolidated in one section. A new provision allows Councils to require the designated State agency to enter into a memorandum of understanding specifying its roles and responsibilities to the Council program.

The draft includes a provision that allows Councils (with the agreement of the designated State agency) may use and/or contract with agencies other than the designated State agency for needed support services.

V. 1990 Report
The reviews, analyses and final report required from Councils on January 1, 1990, are still used as an important source of information for Council planning efforts. Provisions related to the 1990 Report are moved to this section.

VI. State Allotments
The current allotment formula and the way that it is applied for both Developmental Disabilities Councils and Protection and Advocacy Systems has resulted in funding reductions for some States, even in years when there is an increase in appropriations. The proposed changes recommend that each State be held hold-harmless at the higher of the FY 1992 or FY 1993 levels, with a ratable reduction if funds are not adequate. In addition, the proposed changes include a provision directing the Secretary to undertake a study to identify alternative funding formulae.

The draft provides language which clarifies that allotments are to be used for State plan development, monitoring and implementation. There is a requirement that the Secretary include the percentage of the total appropriation for each State in the required notification of adjustments six months prior to the beginning of the fiscal year.

VII. Federal and Non-Federal Share
This section incorporates related provisions, including the existing provision on non-duplication. It waives the non-federal share requirement when Council members and staff are the implementing agents of state plan priority activities.

PART C - PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS
I. System Requirements
The draft adds the following new requirements:
that the protection and advocacy systems must coordinate activities with additional advocacy programs, including Parent Training and Information Centers, education ombudsman programs, and assistive technology projects;

that the system have access at reasonable times and locations to individuals with developmental disabilities who reside in a facility (this requirement is similar to the authority in the Social Security Act to provide access for protection and advocacy systems to individuals residing in nursing homes);

that the system have the authority to pursue legal, administrative and other appropriate remedies in the name of the system on behalf of individuals with developmental disabilities in the event that the individuals are fearful of retaliation in requesting services. This would allow the system to intervene in order to advocate for the clients and not further jeopardize their status;

that the system hires and maintains sufficient numbers of qualified staff to carry out its function and state restrictions on personnel hiring and travel shall not be applied to federally funded system under this part;

that systems have the authority to educate policy makers; and

that redesignation procedures include notice of intent, opportunity for public comment, and opportunity for appeal.

The draft also adds the authority to fund an American Indian Consortium to provide protection and advocacy services.

II. Allotments
As in Part B, there is some concern that certain Part C programs have experienced a decrease in their budget, even when the overall appropriation increased. The draft proposes the same amendment to hold programs harmless, as in Part B.

In addition, the draft proposes that, in any year that the allotment exceeds $24,500,000, up to 2% of the allotment under this part shall be used for technical assistance to eligible systems. In such case, the technical assistance to systems authorized under Part E will not be provided.

III. Governing Board
The draft includes an amendment to require that an advisory council be established in systems that are organized as public systems. It is proposed that the Council shall consist of a majority of individuals who are eligible for, are receiving or have received services of the systems, or their parents, family members, guardians, advocates or authorized representatives.

The draft also proposes that systems organized as private non-profit systems include on their governing boards individuals who are eligible for services, have received or are receiving services, or their parents, family members, guardians, advocates or authorized representatives.

IV. Disclosure of Information
A new provision is proposed to protect the confidentiality of client records from federal reviewers. This is similar to the provision of the Rehabilitation Act.

V. Public Notice of Federal On-Site Review
A new provision requires the Secretary to provide advance public notice of federal reviews and to solicit public comment on the system funded under this part. The intent is to increase the accountability of the system on a state level.

PART D - UNIVERSITY AFFILIATED PROGRAMS
I. Purpose and Scope
This section provides a new description of the "scope of activities" for a university affiliated program, which --
more clearly distinguishes between "academic" training and "community" training;

includes under the heading of "Community Services," community training and technical assistance, as well as "direct services" to individuals with developmental disabilities and their families;

makes optional the provision of "direct services"; and

clarifies the scope of dissemination activities, which may include research.

II. Grants for Administration and Operation
The draft provides for grant periods of up to five years.

III. Training Projects
The draft provides for grant periods of up to five years for training projects. The descriptions of the training project areas are updated, and a new project area -- training in the Americans with Disabilities Act -- is added.

III. Supplemental Awards
The authority for supplemental awards is expanded in this draft to include interdisciplinary training, community training, technical assistance, community services, and/or dissemination of information.

IV. Standards
The Secretary is required to establish by regulation, standards for university affiliated programs, within 12 months of the enactment of this Act.

V. Federal Share
Applicable provisions from the section on Federal Share are moved from Part A to this part.

VI. Allotments and Awards
Proposed priorities for increases in funding are as follows:
(1) a university affiliated program in every State (Wyoming and the Virgin Islands are not served by a university affiliated program);

(2) a training project in every eligible university affiliated program;

(3) an increase from $90,000 to $100,000 for training projects;

(4) an increase from $200,000 to $250,000 for grants for administration and operation; and

(5) address the need for additional training in a State or region which is already served by a university affiliated program through either funding a new university affiliated program, or providing additional funding to an existing program.

VII. Authorization of Appropriation
The draft includes a provision which specifies that the Secretary may not use funds appropriated for administration and operation grants, training projects or supplemental awards for peer review costs or for other administrative activities.

PART E - PROJECTS OF NATIONAL SIGNIFICANCE
I. Purpose
The draft proposes the addition of special pilot projects to explore the expansion of part B (Developmental Disabilities Council) programs to people with severe disabilities other than developmental disabilities.

II. Grant Authority
The draft requires the systematic data collection on the accomplishments of the programs under parts B, C, and D.

Other projects of national significance proposed include:
projects to assist states to implement Statewide information and referral systems, which replaces the previous focus on determining the desirability and feasibility of a nationwide information and referral system;

the inclusion of training for self-advocates and family members as part of the effort to educate policy-makers;

the expansion of initiatives to include individuals from minority groups in programs authorized under this Act, including an increase in the involvement of students and professionals from such groups in the provision of services, supports and advocacy.

III. Special Initiatives
Section 152 also includes a proposal to conduct a special initiative to investigate the expansion of Part B (Developmental Disabilities Council) programs to people with severe disabilities other than developmental disabilities. This initiative would be implemented through (1) a study of the Councils that have already expanded the definition (5-7 states), (2) a study by Councils in up to 5 additional States to study the implications of expanding the definitions, and (3) a national study to analyze the experiences of States with regard to the definition, and to develop recommendations for Congress prior to the next reauthorization of this Act.

Finally, this draft proposes an additional requirement that the Secretary publish, on an annual basis, the recipients, project descriptions and funding levels for all projects funded under this part.

IV. Authorizations of Appropriations
The draft 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 draft also states that the additional authority to fund a special initiative regarding expansion of Part B to people with severe disabilities other than developmental disabilities, shall not be construed as requiring the Secretary to supplant funding for other priorities described in this Part.

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