Union Calendar No. 208

103D CONGRESS

1ST SESSION H. R. 3505

[Report No. 103–378]

A BILL

To amend the Developmental Disabilities Assistand for other purposes. programs, and projects of national significance, advocacy of individual rights, university affiliated with developmental disabilities, protection and ance for priority area activities for individuals with developmental disabilities, Federal assist- provisions relating to programs for individuals ance and Bill of Rights Act to modify certain

NOVEMBER 18, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 208

103D CONGRESS

1ST SESSION H. R. 3505

[Report No. 103–378]

To amend the Developmental Disabilities Assistance and Bill of Rights Act

to modify certain provisions relating to programs for individuals with

developmental disabilities, Federal assistance for priority area activities

for individuals with developmental disabilities, protection and advocacy

of individual rights, university affiliated programs, and projects of national significance, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 10, 1993

Mr. WAXMAN introduced the following bill; which was referred to the

Committee on Energy and Commerce

NOVEMBER 18, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on November 10, 1993]

A BILL

To amend the Developmental Disabilities Assistance and Bill

of Rights Act to modify certain provisions relating to

programs for individuals with developmental disabilities,

Federal assistance for priority area activities for individuals with developmental disabilities, protection and advocacy of individual rights, university affiliated programs,
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and projects of national significance, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Developmental Disabil5 ities Assistance and Bill of Rights Act Amendments of

6 1993’’.

7 SEC. 2. TITLE AND PART HEADINGS.

8 (a) TITLE.—The heading of title I of the Developmen9 tal Disabilities Assistance and Bill of Rights Act (42 U.S.C.

10 6000 et seq.) is amended to read as follows:

11 ‘‘TITLE I—PROGRAMS FOR INDI12 VIDUALS WITH DEVELOPMEN13 TAL DISABILITIES’’.

14 (b) PART.—The heading of part A of title I of the De15 velopmental Disabilities Assistance and Bill of Rights Act

16 (42 U.S.C. 6000 et seq.) is amended to read as follows:

17 ‘‘PART A—GENERAL PROVISIONS’’.

18 SEC. 3. FINDINGS AND PURPOSES.

19 Section 101 of the Developmental Disabilities Assist20 ance and Bill of Rights Act (42 U.S.C. 6000) is amended

21 to read as follows:

22 ‘‘SEC. 101. FINDINGS, PURPOSES, AND POLICY.

23 ‘‘(a) FINDINGS.—The Congress finds that—
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1 ‘‘(1) in 1993 there are more than 3,000,000

2 individuals with developmental disabilities in the

3 United States;

4 ‘‘(2) disability is a natural part of the human

5 experience that does not diminish the right of individ6 uals with developmental disabilities to enjoy the op7 portunity to live independently, enjoy self-determina8 tion, make choices, contribute to society, and experi9 ence full integration and inclusion in the economic,

10 political, social, cultural, and educational main11 stream of American society;

12 ‘‘(3) individuals with developmental disabilities

13 continually encounter various forms of discrimination

14 in critical areas;

15 ‘‘(4) there is a lack of public awareness of the ca16 pabilities and competencies of individuals with devel17 opmental disabilities;

18 ‘‘(5) individuals whose disabilities occur during

19 their developmental period frequently have severe dis20 abilities that are likely to continue indefinitely;

21 ‘‘(6) individuals with developmental disabilities

22 often require lifelong specialized services and assist23 ance, provided in a coordinated and culturally com24 petent manner by many agencies, professionals, advo25 cates, community representatives, and others to elimi-
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1 nate barriers and to meet the needs of such individ2 uals and their families;

3 ‘‘(7) a substantial portion of individuals with

4 developmental disabilities and their families do not

5 have access to appropriate support and services from

6 generic and specialized service systems and remain

7 unserved or underserved;

8 ‘‘(8) family members, friends, and members of

9 the community can play an important role in en10 hancing the lives of individuals with developmental

11 disabilities, especially when the family and commu12 nity are provided with the necessary services and sup13 ports; and

14 ‘‘(9) the goals of the Nation properly include the

15 goal of providing individuals with developmental dis16 abilities with the opportunities and support to—

17 ‘‘(A) make informed choices and decisions;

18 ‘‘(B) live in homes and communities in

19 which such individuals can exercise their full

20 rights and responsibilities as citizens;

21 ‘‘(C) pursue meaningful and productive

22 lives;

23 ‘‘(D) contribute to their family, community,

24 State, and Nation;
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1 ‘‘(E) have interdependent friendships and

2 relationships with others; and

3 ‘‘(F) achieve full integration and inclusion

4 in society;

5 in an individualized manner, consistent with unique

6 strengths, resources, priorities, concerns, abilities and

7 capabilities of each individual.

8 ‘‘(b) PURPOSE.—The purpose of this Act is to assure

9 that individuals with developmental disabilities and their

10 families have access to culturally competent services, sup11 ports, and other assistance and opportunities that promote

12 independence, productivity, and integration and inclusion

13 into the community, through—

14 ‘‘(1) support to State Developmental Disabilities

15 Councils in each State to promote, through systemic

16 change, capacity building, and advocacy (consistent

17 with section 101(c)(2)), a consumer and family-cen18 tered, comprehensive system, and a coordinated array

19 of services, supports, and other assistance for individ20 uals with developmental disabilities and their fami21 lies;

22 ‘‘(2) support to protection and advocacy systems

23 in each State to protect the legal and human rights

24 of individuals with developmental disabilities;
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1 ‘‘(3) support to university affiliated programs to

2 provide interdisciplinary preservice preparation of

3 students and fellows, community service activities,

4 and the dissemination of information and research

5 findings; and

6 ‘‘(4) support to national initiatives to collect

7 necessary data, provide technical assistance to State

8 Developmental Disabilities Councils, protection, and

9 advocacy systems and university affiliated programs,

10 and support other nationally significant activities.

11 ‘‘(c) POLICY.—It is the policy of the United States that

12 all programs, projects, and activities receiving assistance

13 under this Act shall be carried out in a manner consistent

14 with the principles that—

15 ‘‘(1) individuals with developmental disabilities,

16 including those with the most severe developmental

17 disabilities, are capable of achieving independence,

18 productivity, and integration and inclusion into the

19 community, and the provision of services, supports

20 and other assistance can improve such individuals’

21 ability to achieve independence, productivity, and in22 tegration and inclusion;

23 ‘‘(2) individuals with developmental disabilities

24 and their families have competencies, capabilities and

25 personal goals that should be recognized, supported,
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1 and encouraged and any assistance should be pro2 vided in an individualized manner, consistent with

3 the unique strengths, resources, priorities, concerns,

4 abilities, and capabilities of the individual;

5 ‘‘(3) individuals with developmental disabilities

6 and their families are the primary decisionmakers re7 garding the services and supports such individuals

8 and their families receive and play decisionmaking

9 roles in policies and programs that affect the lives of

10 such individuals and their families;

11 ‘‘(4) services, supports, and other assistance are

12 provided in a manner that demonstrates respect for

13 individual dignity, personal preferences, and cultural

14 differences;

15 ‘‘(5) communities accept and support individ16 uals with developmental disabilities and are enriched

17 by the full and active participation and the contribu18 tions by individuals with developmental disabilities

19 and their families; and

20 ‘‘(6) individuals with developmental disabilities

21 have opportunities and the necessary support to be

22 included in community life, have interdependent rela23 tionships, live in homes and communities, and make

24 contributions to their families, community, State, and

25 Nation.’’.
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1 SEC. 4. TECHNICAL AMENDMENTS.

2 (a) PROTECTION AND ADVOCACY OF THE RIGHTS OF

3 INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.—The

4 heading of part C of title I of the Developmental Disabilities

5 Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)

6 is amended to read as follows:

7 ‘‘PART C—PROTECTION AND ADVOCACY OF THE

8 RIGHTS OF INDIVIDUALS WITH DEVEL9 OPMENTAL DISABILITIES’’.

10 (b) SYSTEM REQUIRED.—Section 142 of the Devel11 opmental Disabilities Assistance and Bill of Rights Act (42

12 U.S.C. 6042) is amended by adding at the end the following

13 subsection:

14 ‘‘(i) PUBLIC NOTICE OF FEDERAL ONSITE REVIEW.—

15 The Secretary shall provide advance public notice of any

16 Federal programmatic and administrative review and so17 licit public comment on the system funded under this part

18 through such notice. The findings of the public comment so19 licitation notice shall be included in the onsite visit report.

20 The results of such reviews shall be distributed to the Gov21 ernor of the State and to other interested public and private

22 parties.’’.

23 (c) DEFINITION REGARDING UNIVERSITY AFFILIATED

24 PROGRAMS.—The Developmental Disabilities Assistance

25 and Bill of Rights Act (42 U.S.C. 6000 et seq.) is amend26 ed—
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1 (1) in section 102(1)—

2 (A) by inserting ‘‘, except as provided in

3 section 155,’’ before ‘‘includes’’; and

4 (B) by inserting ‘‘the Commonwealth of’’ be5 fore ‘‘Puerto Rico’’; and

6 (2) by adding at the end of part D the following

7 section:

8 ‘‘SEC. 155. DEFINITION.

9 ‘‘For purposes of this part, the term ‘State’ means each

10 of the several States, the District of Columbia, the Common11 wealth of Puerto Rico, the Virgin Islands, and Guam.’’.

12 SEC. 5. AUTHORIZATIONS OF APPROPRIATIONS.

13 (a) PLANNING OF PRIORITY AREA ACTIVITIES.—Sec14 tion 130 of the Developmental Disabilities Assistance and

15 Bill of Rights Act (42 U.S.C. 6030) is amended by striking

16 ‘‘$77,400,000’’ and all that follows and inserting the follow17 ing: ‘‘$70,000,000 for fiscal year 1994, and such sums as

18 may be necessary for each of the fiscal years 1995 and

19 1996.’’.

20 (b) PROTECTION AND ADVOCACY OF INDIVIDUAL

21 RIGHTS.—Section 143 of the Developmental Disabilities

22 Assistance and Bill of Rights Act (42 U.S.C. 6043) is

23 amended by striking ‘‘$24,200,000’’ and all that follows and

24 inserting the following: ‘‘$24,000,000 for fiscal year 1994,
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1 and such sums as may be necessary for each of the fiscal

2 years 1995 and 1996.’’.

3 (c) UNIVERSITY AFFILIATED PROGRAM.—Section 154

4 of the Developmental Disabilities Assistance and Bill of

5 Rights Act (42 U.S.C. 6064) is amended to read as follows:

6 ‘‘SEC. 154. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘For the purpose of making grants under subsections

8 (a) through (e) of section 152, there are authorized to be

9 appropriated $19,000,000 for fiscal year 1994, and such

10 sums as may be necessary for each of the fiscal years 1995

11 and 1996.’’.

12 (d) PROJECTS OF NATIONAL SIGNIFICANCE.—Section

13 163(a) of the Developmental Disabilities Assistance and

14 Bill of Rights Act (42 U.S.C. 6083(a)) is amended by strik15 ing ‘‘$3,650,000’’ and all that follows and inserting the fol16 lowing: ‘‘$4,000,000 for fiscal year 1994, and such sums

17 as may be necessary for each of the fiscal years 1995 and

18 1996.’’.