Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987

(Senate agreed to House amendment with an amendment) Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 - Title I: General Provisions - Amends the Developmental Disabilities Assistance and Bill of Rights Act (the Act) to require additional topics to be covered in an annual report which current law requires the State Planning Council to prepare and transmit to the Secretary of Health and Human Services (Secretary). Adds topics to an annual report which current law requires the Secretary to submit to the President, the Congress, and the National Council on the Handicapped. Title II: State Assistance Program - Amends the Act to revise requirements regarding State plans for the provision of services for persons with developmental disabilities. Requires such plan (plan) to designate one State agency (designated agency) to administer or supervise the administration of the plan. (Current law allows one or more agencies to be so designated.) Authorizes the Governor of a State in which the designated agency, on the date of enactment of this Act, provides or pays for services to determine not to change the designation of such agency. Requires such determination to be made after the Governor has considered the comments of the general public and the non-agency members of the State Planning Council. Broadens the requirements for areas which must be covered in the plan. Requires each State Planning Council to conduct a comprehensive review and analysis regarding services to persons with developmental disabilities. Mandates that the plan describe a process and timetable for completion of such comprehensive review. Requires each State Planning Council to conduct a review and analysis of effectiveness and consumer satisfaction regarding functions and services provided or paid for from Federal and State funds for persons with developmental disabilities. Requires each State Planning Council to convene public forums to present the findings of such reviews and analyses, obtain comments regarding unserved and underserved populations, and prepare recommendations on how to remove barriers to services. Requires each State Planning Council to prepare and transmit to the Governor and legislature of its State a final report regarding such reviews and analyses containing recommendations concerning specified matters. Directs the Governor of each State to submit to the Secretary a copy of such report. Directs the Secretary to submit a summary of such reports to the appropriate committees of the Congress. Revises the provisions of such Act regarding assurances which must be contained in or support the plan to require certain funds paid to a State be used to significantly enhance the independence, productivity, and integration into the community of persons with developmental disabilities. Requires the plan to provide for the examination, at least once every three years, of the provision of and the need for the provision of Federal and State priority areas. Specifies minimum contents of such examination. Eliminates certain provisions relating to required contents of the plan regarding a comprehensive plan to address unmet needs and the use of priority service funds for specified additional services. Revises the provisions of such Act regarding: (1) requirements that a certain percentage of specified sums available to the State be expended in the priority areas; and (2) standards which must be required by the plans. Revises the requirements for the process of development and for the goals and objectives of the habilitation plan for a person with developmental disabilities. Revises the provisions of such Act requiring States which receive assistance under this part to establish a State Planning Council and specifying the makeup of such Council, including having a representative of the State agency that administers funds provided under the Older Americans Act of 1965. Authorizes each State Planning Council to prepare and approve a budget using amounts paid to the State under this part to hire staff and obtain the services of personnel as necessary. Makes the staff and personnel of a State Planning Council responsible solely for assisting such Council and prohibits their assignment to duties by any other agency or office of the State. Revises the formula for allotment of funds appropriated under existing provisions of the Act. Allows amounts paid to but not obligated by a State to remain available for the next fiscal year. States that failure to fulfill the requirements of specified provisions of this Act relating to the conducting of reviews and analyses and convening of public forums is particularly grounds for withholding payments of such allotments. Authorizes appropriations for FY 1988 through 1990. Title III: Protection and Advocacy - Revises the requirements regarding elements mandated as a part of the system to protect and advocate the rights of persons with developmental disabilities. Revises the formula for allotment of funds for such system. Allows amounts paid to but not obligated by a State to remain available for the next fiscal year. Authorizes appropriations for FY 1988 through 1990. Title IV: University Affiliated Programs - Directs the Secretary to make grants to university affiliated programs receiving grants under specified provisions of the Act for training personnel in early intervention, programs for the elderly, community-based service programs, and other areas. Specifies the factors the Secretary shall consider in making grant determinations. Authorizes university affiliated programs to use such grants to assist in paying the costs of courses of training or study and to establish fellowships or traineeships providing stipends and allowances. Authorizes the Secretary to make grants to university affiliated programs receiving grants under specified provisions of the Act for: (1) training of persons with developmental disabilities, the family members of such persons, professionals, volunteers, and other personnel; and (2) conducting an applied research program. Authorizes the Secretary to make a grant to a university or a university affiliated entity to study the feasibility of establishing a university affiliated program or a satellite center. Limits the amount of such grant. Sets forth additional assurances applications for such grants must contain or by which such applications must be supported. Revises the minimum amount limits for such grants. Directs the Secretary to consider applications for grants for four university affiliated programs or satellite centers more each fiscal year than the previous fiscal year for FY 1988 through 1990. Requires such programs and centers to be geographically distributed to serve States which are underserved. Prohibits the Secretary from denying an application solely because of the size of the population proposed to be served. Directs the Secretary to require technical and qualitative peer review of applications. Allows the Secretary to approve an application received in or after FY 1990 only if the application has been recommended by a peer review group, subject to waiver. Authorizes the Secretary to establish such peer review groups. Authorizes appropriations for such grants for FY 1988 through 1990. Makes amounts appropriated for a fiscal year for the administration and operation of certain activities of a university affiliated program available for obligation and expenditure until the end of the succeeding fiscal year. Title V: Projects of National Significance - Expands the Secretary's authority to include entering into contracts for projects of national significance, technical assistance, and demonstration projects regarding persons with developmental disabilities. (Current law authorizes making grants for such purposes.) Directs the Secretary to publish annually proposed and final priorities for such grants and contracts. Authorizes appropriations for FY 1988 through 1990. Requires that a specified sum of amounts appropriated under the authorization be available for grants and contracts for projects to determine the feasibility and desirability of developing a nationwide information and referral system for persons with developmental disabilities. Title VI: Effective Date - Makes the provisions of this Act effective on October 1, 1987.

(Measure passed House, amended, in lieu of H.R. 1871) Developmental Disabilities Assistance Extension Act of 1987 - Amends the Developmental Disabilities Assistance and Bill of Rights Act to authorize appropriations for FY 1988 through 1990 for: (1) State allotments for services to persons with developmental disabilities; (2) State allotments for a system to protect and advocate the rights of persons with developmental disabilities; (3) grants to university affiliated facilities for conducting studies regarding establishment of facilities, providing service-related training to parents, or conducting applied research on service delivery and professional training; and (4) grants for demonstration projects. Adds family support services to the definition of priority services. Revises the definition of supported employment of persons with developmental disabilities. Allows States, at their discretion, in their plan for the provision of services for persons with developmental disabilities, to provide for more than one priority service or for one or more of a list of optional services. Revises the requirements for membership in State Planning Councils to allow immediate relatives and guardians of previously institutionalized as well as of institutionalized persons with developmental disabilities to serve on the Councils. Amends the Developmental Disabilities Assistance and Bill of Rights Act to create a new part relating to a developmental disabilities status report. Requires that, for each of the FY 1988 through 1990, the State plan for the provision of services for persons with developmental disabilities contain assurances that the State, by September 30, 1990, will submit a comprehensive description of: (1) its eligibility standards for the receipt of services by persons with developmental disabilities; (2) the services provided; (3) the extent to which the State is meeting the needs of such persons; (4) the extent to which the State is carrying out the purpose of this title; (5) the recommendations of the State for meeting the needs of all persons with developmental disabilities; and (6) the views of persons with developmental disabilities and the views of advocates for such persons. Requires the State plan to contain assurances that the State will conduct a study to obtain such views of persons with and advocates for persons with developmental disabilities. Requires the State plan to contain, for FY 1989 and 1990, a statement of progress toward completing such comprehensive description.

(Measure passed Senate, amended) Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 - Title I: General Provisions - Amends the Developmental Disabilities Assistance and Bill of Rights Act (the Act) to require additional topics to be covered in an annual report which current law requires the State Planning Council to prepare and transmit to the Secretary of Health and Human Services (Secretary). Adds topics to an annual report which current law requires the Secretary to submit to the President, the Congress, and the National Council on the Handicapped. Title II: State Assistance Program - Amends the Act to revise requirements regarding State plans for the provision of services for persons with developmental disabilities. Requires such plan (plan) to designate one State agency (designated agency) to administer or supervise the administration of the plan. (Current law allows one or more agencies to be so designated.) Authorizes the Governor of a State in which the designated agency, on the date of enactment of this Act, provides or pays for services to determine not to change the designation of such agency. Requires such determination to be made after the Governor has considered the comments of the general public and the non-agency members of the State Planning Council. Broadens the requirements for areas which must be covered in the plan. Requires each State Planning Council to conduct a comprehensive review and analysis regarding services to persons with developmental disabilities. Mandates that the plan describe a process and timetable for completion of such comprehensive review. Requires each State Planning Council to conduct a review and analysis of effectiveness and consumer satisfaction regarding functions and services provided or paid for from Federal and State funds for persons with developmental disabilities. Requires each State Planning Council to convene public forums to present the findings of such reviews and analyses, obtain comments regarding unserved and underserved populations, and prepare recommendations on how to remove barriers to services. Requires each State Planning Council to prepare and transmit to the Governor and legislature of its State a final report regarding such reviews and analyses containing recommendations concerning specified matters. Directs the Governor of each State to submit to the Secretary a copy of such report. Directs the Secretary to submit a summary of such reports to the appropriate committees of the Congress. Revises the provisions of such Act regarding assurances which must be contained in or support the plan to require certain funds paid to a State be used to significantly enhance the independence, productivity, and integration into the community of persons with developmental disabilities. Requires the plan to provide for the examination, at least once every three years, of the provision of and the need for the provision of Federal and State priority areas. Specifies minimum contents of such examination. Eliminates certain provisions relating to required contents of the plan regarding: (1) a comprehensive plan to address unmet needs; (2) the use of priority service funds for specified additional services; and (3) consideration of certain data collected by the State education agency. Revises the provisions of such Act regarding: (1) requirements that a certain percentage of specified sums available to the State be expended in the priority areas; and (2) standards which must be required by the plans. Revises the requirements for the process of development and annual review of the habilitation plan for a person with developmental disabilities. Revises the provisions of such Act requiring States which receive assistance under this part to establish a State Planning Council and specifying the makeup of such Council, including having a representative of the State agency that administers funds provided under the Older Americans Act of 1965. Authorizes each State Planning Council to prepare and approve a budget using amounts paid to the State under this part to hire staff and obtain the services of personnel as necessary. Makes the staff and personnel of a State Planning Council responsible solely for assisting such Council and prohibits their assignment to duties by any other agency or office of the State. Revises the formula for allotment of funds appropriated under existing provisions of the Act. Allows up to 20 percent of amounts allotted to a State to be expended during the immediately succeeding fiscal year. Adds failure to implement the State plan or applicable regulations of the Secretary to the reasons for withholding payments of such allotments. Authorizes appropriations for FY 1988 through 1990. Title III: Protection and Advocacy - Revises the requirements regarding elements mandated as a part of the system to protect and advocate the rights of persons with developmental disabilities. Revises the formula for allotment of funds for such system. Authorizes appropriations for FY 1988 through 1990. Title IV: University Affiliated Programs - Directs the Secretary to make grants to university affiliated programs receiving grants under specified provisions of the Act for training personnel in early intervention, programs for the elderly, community-based service programs, and other areas. Specifies the factors the Secretary shall consider in making grant determinations. Authorizes university affiliated programs to use such grants to assist in paying the costs of courses of training or study and to establish fellowships or traineeships providing stipends and allowances. Authorizes the Secretary to make grants to university affiliated programs receiving grants under specified provisions of the Act for: (1) training of persons with developmental disabilities, the family members of such persons, professionals, volunteers, and other personnel; and (2) conducting an applied research program. Authorizes the Secretary to make a grant to a university to study the feasibility of establishing a university affiliated program or a satellite center. Limits the amount of such grant. Sets forth additional assurances applications for such grants must contain or by which such applications must be supported. Revises the minimum amount limits for such grants. Directs the Secretary to consider applications for grants for four university affiliated programs or satellite centers more each fiscal year than the previous fiscal year for FY 1988 through 1990. Requires such programs and centers to be geographically distributed to serve States which are underserved. Authorizes appropriations for such grants for FY 1988 through 1990. Makes amounts appropriated for a fiscal year for the administration and operation of certain activities of a university affiliated program available for obligation and expenditure until the end of the succeeding fiscal year. Title V: Projects of National Significance - Expands the Secretary's authority to include entering into contracts for projects of national significance, technical assistance, and demonstration projects regarding persons with developmental disabilities. (Current law authorizes making grants for such purposes.) Directs the Secretary to publish annually proposed and final priorities for such grants and contracts. Authorizes appropriations for FY 1988 through 1990. Requires that a specified amount of funds appropriated under this authorization be available for grants and contracts concerning the feasibility and desirability of developing a nationwide information and referral system for persons with developmental disabilities. Directs the Secretary to award grants and contracts for such purposes within six months after enactment of this Act.

(Reported to Senate from the Committee on Labor and Human Resources with amendment, S. Rept. 100-113) Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 - Title I: General Provisions - Amends the Developmental Disabilities Assistance and Bill of Rights Act (the Act) to require additional topics to be covered in an annual report which current law requires the State Planning Council to prepare and transmit to the Secretary of Health and Human Services (Secretary). Adds topics to an annual report which current law requires the Secretary to submit to the President, the Congress, and the National Council on the Handicapped. Title II: State Assistance Program - Amends the Act to revise requirements regarding State plans for the provision of services for persons with developmental disabilities. Requires such plan (plan) to designate one State agency (designated agency) to administer or supervise the administration of the plan. (Current law allows one or more agencies to be so designated.) Authorizes the Governor of a State in which the designated agency, on the date of enactment of this Act, provides or pays for services to determine not to change the designation of such agency. Requires such determination to be made after the Governor has considered the comments of the general public and the non-agency members of the State Planning Council. Broadens the requirements for areas which must be covered in the plan. Requires each State Planning Council to conduct a comprehensive review and analysis regarding services to persons with developmental disabilities. Mandates that the plan describe a process and timetable for completion of such comprehensive review. Requires each State Planning Council to conduct a review and analysis of effectiveness and consumer satisfaction regarding functions and services provided or paid for from Federal and State funds for persons with developmental disabilities. Requires each State Planning Council to convene public forums to present the findings of such reviews and analyses, obtain comments regarding unserved and underserved populations, and prepare recommendations on how to remove barriers to services. Requires each State Planning Council to prepare and transmit to the Governor and legislature of its State a final report regarding such reviews and analyses containing recommendations concerning specified matters. Directs the Governor of each State to submit to the Secretary a copy of such report. Directs the Secretary to submit a summary of such reports to the appropriate committees of the Congress. Revises the provisions of such Act regarding assurances which must be contained in or support the plan to require certain funds paid to a State be used to significantly enhance the independence, productivity, and integration into the community of persons with developmental disabilities. Requires the plan to provide for the examination, at least once every three years, of the provision of and the need for the provision of Federal and State priority areas. Specifies minimum contents of such examination. Eliminates certain provisions relating to required contents of the plan regarding: (1) a comprehensive plan to address unmet needs; (2) the use of priority service funds for specified additional services; and (3) consideration of certain data collected by the State education agency. Revises the provisions of such Act regarding: (1) requirements that a certain percentage of specified sums available to the State be expended in the priority areas; and (2) standards which must be required by the plans. Revises the requirements for the process of development and annual review of the habilitation plan for a person with developmental disabilities. Revises the provisions of such Act requiring States which receive assistance under this part to establish a State Planning Council and specifying the makeup of such Council, including having a representative of the State agency that administers funds provided under the Older Americans Act of 1965. Authorizes each State Planning Council to prepare and approve a budget using amounts paid to the State under this part to hire staff and obtain the services of personnel as necessary. Makes the staff and personnel of a State Planning Council responsible solely for assisting such Council and prohibits their assignment to duties by any other agency or office of the State. Revises the formula for allotment of funds appropriated under existing provisions of the Act. Allows up to 20 percent of amounts allotted to a State to be expended during the immediately succeeding fiscal year. Adds failure to implement the State plan or applicable regulations of the Secretary to the reasons for withholding payments of such allotments. Authorizes appropriations for FY 1988 through 1990. Title III: Protection and Advocacy - Revises the requirements regarding elements mandated as a part of the system to protect and advocate the rights of persons with developmental disabilities. Revises the formula for allotment of funds for such system. Authorizes appropriations for FY 1988 through 1990. Title IV: University Affiliated Programs - Directs the Secretary to make grants to university affiliated programs receiving grants under specified provisions of the Act for training personnel in early intervention, programs for the elderly, community-based service programs, and other areas. Specifies the factors the Secretary shall consider in making grant determinations. Authorizes university affiliated programs to use such grants to assist in paying the costs of courses of training or study and to establish fellowships or traineeships providing stipends and allowances. Authorizes the Secretary to make grants to university affiliated programs receiving grants under specified provisions of the Act for: (1) training of persons with developmental disabilities, the family members of such persons, professionals, volunteers, and other personnel; and (2) conducting an applied research program. Authorizes the Secretary to make a grant to a university to study the feasibility of establishing a university affiliated program or a satellite center. Limits the amount of such grant. Sets forth additional assurances applications for such grants must contain or by which such applications must be supported. Revises the minimum amount limits for such grants. Directs the Secretary to consider applications for grants for four university affiliated programs or satellite centers more each fiscal year than the previous fiscal year for FY 1988 through 1990. Requires such programs and centers to be geographically distributed to serve States which are underserved. Authorizes appropriations for such grants for FY 1988 through 1990. Makes amounts appropriated for a fiscal year for the administration and operation of certain activities of a university affiliated program available for obligation and expenditure until the end of the succeeding fiscal year. Title V: Projects of National Significance - Expands the Secretary's authority to include entering into contracts for projects of national significance, technical assistance, and demonstration projects regarding persons with developmental disabilities. (Current law authorizes making grants for such purposes.) Directs the Secretary to publish annually proposed and final priorities for such grants and contracts. Authorizes appropriations for FY 1988 through 1990. Requires that a specified amount of funds appropriated under this authorization be available for grants and contracts concerning the feasibility and desirability of developing a nationwide information and referral system for persons with developmental disabilities. Directs the Secretary to award grants and contracts for such purposes within six months after enactment of this Act.

Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 - Title I: General Provisions - Amends the Developmental Disabilities Assistance and Bill of Rights Act (the Act) to require additional topics to be covered in an annual report which current law requires the State Planning Council to prepare and transmit to the Secretary of Health and Human Services (Secretary). Adds topics to an annual report which current law requires the Secretary to submit to the President, the Congress, and the National Council on the Handicapped. Title II: State Assistance Program - Amends the Act to revise requirements regarding State plans for the provision of services for persons with developmental disabilities. Requires such plan (plan) to designate one State agency (designated agency) to administer or supervise the administration of the plan. (Current law allows one or more agencies to be so designated.) Authorizes the Governor of a State in which the designated agency, on the date of enactment of this Act, provides or pays for services to determine not to change the designation of such agency. Requires such determination to be made after the Governor has considered the comments of the general public and the non-agency members of the State Planning Council. Broadens the requirements for areas which must be covered in the plan. Requires each State Planning Council to conduct a comprehensive review and analysis regarding services to persons with developmental disabilities. Mandates that the plan describe a process and timetable for completion of such comprehensive review. Requires each State Planning Council to conduct a review and analysis of effectiveness and consumer satisfaction regarding functions and services provided or paid for from Federal and State funds for persons with developmental disabilities. Requires each State Planning Council to convene public forums to present the findings of such reviews and analyses, obtain comments regarding unserved and underserved populations, and prepare recommendations on how to remove barriers to services. Requires each State Planning Council to prepare and transmit to the Governor and legislature of its State a final report regarding such reviews and analyses containing recommendations concerning specified matters. Directs the Governor of each State to submit to the Secretary a copy of such report. Directs the Secretary to submit a summary of such reports to the appropriate committees of the Congress. Revises the provisions of such Act regarding assurances which must be contained in or support the plan to require certain funds paid to a State be used to significantly enhance the independence, productivity, and integration into the community of persons with developmental disabilities. Requires the plan to provide for the examination, at least once every three years, of the provision of and the need for the provision of Federal and State priority areas. Specifies minimum contents of such examination. Eliminates certain provisions relating to required contents of the plan regarding: (1) a comprehensive plan to address unmet needs; (2) the use of priority service funds for specified additional services; and (3) consideration of certain data collected by the State education agency. Revises the provisions of such Act regarding: (1) requirements that a certain percentage of specified sums available to the State be expended in the priority areas; and (2) standards which must be required by the plans. Revises the requirements for the process of development and annual review of the habilitation plan for a person with developmental disabilities. Revises the provisions of such Act requiring States which receive assistance under this part to establish a State Planning Council and specifying the makeup of such Council, including having a representative of the State agency that administers funds provided under the Older Americans Act of 1965. Authorizes each State Planning Council to prepare and approve a budget using amounts paid to the State under this part to hire staff and obtain the services of personnel as necessary. Makes the staff and personnel of a State Planning Council responsible solely for assisting such Council and prohibits their assignment to duties by any other agency or office of the State. Revises the formula for allotment of funds appropriated under existing provisions of the Act. Allows amounts obligated but not expended by a State to be reobligated during the immediately succeeding two fiscal years. Adds failure to implement the State plan or applicable regulations of the Secretary to the reasons for withholding payments of such allotments. Authorizes appropriations for FY 1988 through 1990. Title III: Protection and Advocacy - Revises the requirements regarding elements mandated as a part of the system to protect and advocate the rights of persons with developmental disabilities. Revises the formula for allotment of funds for such system. Authorizes appropriations for FY 1988 through 1990. Title IV: University Affiliated Programs - Directs the Secretary to make grants to university affiliated programs receiving grants under specified provisions of the Act for training personnel in early intervention, programs for the elderly, community-based service programs, and other areas. Specifies the factors the Secretary shall consider in making grant determinations. Authorizes university affiliated programs to use such grants to assist in paying the costs of courses of training or study and to establish fellowships or traineeships providing stipends and allowances. Authorizes the Secretary to make grants to university affiliated programs receiving grants under specified provisions of the Act for: (1) training of parents of persons with developmental disabilities, professionals, volunteers, and other personnel; and (2) conducting an applied research program. Authorizes the Secretary to make a grant to a university to study the feasibility of establishing a university affiliated program or a satellite center. Limits the amount of such grant. Sets forth additional assurances applications for such grants must contain or by which such applications must be supported. Revises the minimum amount limits for such grants. Directs the Secretary to consider applications for grants for four university affiliated programs or satellite centers more each fiscal year than the previous fiscal year for FY 1988 through 1990. Requires such programs and centers to be geographically distributed to serve States which are underserved. Authorizes appropriations for such grants for FY 1988 through 1990. Makes amounts appropriated for a fiscal year for the administration and operation of certain activities of a university affiliated program available for obligation and expenditure until the end of the succeeding fiscal year. Title V: Projects of National Significance - Expands the Secretary's authority to include entering into contracts for projects of national significance, technical assistance, and demonstration projects regarding persons with developmental disabilities. (Current law authorizes making grants for such purposes.) Directs the Secretary to publish annually proposed and final priorities for such grants and contracts. Authorizes appropriations for FY 1988 through 1990.