I

103D CONGRESS

1ST SESSION H. R. 3505

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

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,

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Developmental Disabil3 ities Assistance and Bill of Rights Act Amendments of

4 1993’’.

5 SEC. 2. TITLE AND PART HEADINGS.

6 (a) TITLE.—The heading of title I of the Devel7 opmental Disabilities Assistance and Bill of Rights Act

8 (42 U.S.C. 6000 et seq.) is amended to read as follows:

9 ‘‘TITLE I—PROGRAMS FOR INDI10 VIDUALS WITH DEVELOPMEN11 TAL DISABILITIES’’.

12 (b) PART.—The heading of part A of title I of the

13 Developmental Disabilities Assistance and Bill of Rights

14 Act (42 U.S.C. 6000 et seq.) is amended to read as fol15 lows:

16 ‘‘PART A—GENERAL PROVISIONS’’.

17 SEC. 3. FINDINGS AND PURPOSES.

18 Section 101 of the Developmental Disabilities Assist19 ance and Bill of Rights Act (42 U.S.C. 6000) is amended

20 to read as follows:

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

22 ‘‘(a) FINDINGS.—The Congress finds that—

23 ‘‘(1) in 1993 there are more than 3,000,000

24 individuals with developmental disabilities in the

25 United States;
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1 ‘‘(2) disability is a natural part of the human

2 experience that does not diminish the right of indi3 viduals with developmental disabilities to enjoy the

4 opportunity to live independently, enjoy self-deter5 mination, make choices, contribute to society, and

6 experience full integration and inclusion in the eco7 nomic, political, social, cultural, and educational

8 mainstream of American society;

9 ‘‘(3) individuals with developmental disabilities

10 continually encounter various forms of discrimina11 tion in critical areas;

12 ‘‘(4) there is a lack of public awareness of the

13 capabilities and competencies of individuals with de14 velopmental disabilities;

15 ‘‘(5) individuals whose disabilities occur during

16 their developmental period frequently have severe

17 disabilities that are likely to continue indefinitely;

18 ‘‘(6) individuals with developmental disabilities

19 often require lifelong specialized services and assist20 ance, provided in a coordinated and culturally com21 petent manner by many agencies, professionals, ad22 vocates, community representatives, and others to

23 eliminate barriers and to meet the needs of such in24 dividuals and their families;
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1 ‘‘(7) a substantial portion of individuals with

2 developmental disabilities and their families do not

3 have access to appropriate support and services from

4 generic and specialized service systems and remain

5 unserved or underserved;

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

7 the community can play an important role in en8 hancing the lives of individuals with developmental

9 disabilities, especially when the family and commu10 nity are provided with the necessary services and

11 supports; and

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

13 the goal of providing individuals with developmental

14 disabilities with the opportunities and support to—

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

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

17 which such individuals can exercise their full

18 rights and responsibilities as citizens;

19 ‘‘(C) pursue meaningful and productive

20 lives;

21 ‘‘(D) contribute to their family, commu22 nity, State, and Nation;

23 ‘‘(E) have interdependent friendships and

24 relationships with others; and
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1 ‘‘(F) achieve full integration and inclusion

2 in society;

3 in an individualized manner, consistent with unique

4 strengths, resources, priorities, concerns, abilities

5 and capabilities of each individual.

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

7 that individuals with developmental disabilities and their

8 families have access to culturally competent services, sup9 ports, and other assistance and opportunities that promote

10 independence, productivity, and integration and inclusion

11 into the community, through—

12 ‘‘(1) support to State Developmental Disabil13 ities Councils in each State to promote, through sys14 temic change, capacity building, and advocacy (con15 sistent with section 101(c)(2)), a consumer and fam16 ily-centered, comprehensive system, and a coordi17 nated array of services, supports, and other assist18 ance for individuals with developmental disabilities

19 and their families;

20 ‘‘(2) support to protection and advocacy sys21 tems in each State to protect the legal and human

22 rights of individuals with developmental disabilities;

23 ‘‘(3) support to university affiliated programs

24 to provide interdisciplinary preservice preparation of

25 students and fellows, community service activities,
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1 and the dissemination of information and research

2 findings; and

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

4 necessary data, provide technical assistance to State

5 Developmental Disabilities Councils, protection, and

6 advocacy systems and university affiliated programs,

7 and support other nationally significant activities.

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

9 that all programs, projects, and activities receiving assist10 ance under this Act shall be carried out in a manner con11 sistent with the principles that—

12 ‘‘(1) individuals with developmental disabilities,

13 including those with the most severe developmental

14 disabilities, are capable of achieving independence,

15 productivity, and integration and inclusion into the

16 community, and the provision of services, supports

17 and other assistance can improve such individuals’

18 ability to achieve independence, productivity, and in19 tegration and inclusion;

20 ‘‘(2) individuals with developmental disabilities

21 and their families have competencies, capabilities

22 and personal goals that should be recognized, sup23 ported, and encouraged and any assistance should be

24 provided in an individualized manner, consistent
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1 with the unique strengths, resources, priorities, con2 cerns, abilities, and capabilities of the individual;

3 ‘‘(3) individuals with developmental disabilities

4 and their families are the primary decisionmakers

5 regarding the services and supports such individuals

6 and their families receive and play decisionmaking

7 roles in policies and programs that affect the lives

8 of such individuals and their families;

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

10 provided in a manner that demonstrates respect for

11 individual dignity, personal preferences, and cultural

12 differences;

13 ‘‘(5) communities accept and support individ14 uals with developmental disabilities and are enriched

15 by the full and active participation and the contribu16 tions by individuals with developmental disabilities

17 and their families; and

18 ‘‘(6) individuals with developmental disabilities

19 have opportunities and the necessary support to be

20 included in community life, have interdependent re21 lationships, live in homes and communities, and

22 make contributions to their families, community,

23 State, and Nation.’’.
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1 SEC. 4. TECHNICAL AMENDMENTS.

2 (a) PROTECTION AND ADVOCACY OF THE RIGHTS OF

3 INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.—

4 The heading of part C of title I of the Developmental Dis5 abilities Assistance and Bill of Rights Act (42 U.S.C.

6 6041 et seq.) 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

12 (42 U.S.C. 6042) is amended by adding at the end the

13 following subsection:

14 ‘‘(i) PUBLIC NOTICE OF FEDERAL ONSITE RE15 VIEW.—The Secretary shall provide advance public notice

16 of any Federal programmatic and administrative review

17 and solicit public comment on the system funded under

18 this part through such notice. The findings of the public

19 comment solicitation notice shall be included in the onsite

20 visit report. The results of such reviews shall be distrib21 uted to the Governor of the State and to other interested

22 public and private parties.’’.

23 SEC. 5. AUTHORIZATIONS OF APPROPRIATIONS.

24 (a) PLANNING OF PRIORITY AREA ACTIVITIES.—

25 Section 130 of the Developmental Disabilities Assistance

26 and Bill of Rights Act (42 U.S.C. 6030) is amended by
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1 striking ‘‘$77,400,000’’ and all that follows and inserting

2 the following: ‘‘$70,000,000 for fiscal year 1994, and such

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

4 and 1996.’’.

5 (b) PROTECTION AND ADVOCACY OF INDIVIDUAL

6 RIGHTS.—Section 143 of the Developmental Disabilities

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

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

9 and inserting the following: ‘‘$24,000,000 for fiscal year

10 1994, and such sums as may be necessary for each of the

11 fiscal years 1995 and 1996.’’.

12 (c) UNIVERSITY AFFILIATED PROGRAM.—Section

13 154 of the Developmental Disabilities Assistance and Bill

14 of Rights Act (42 U.S.C. 6064) is amended to read as

15 follows:

16 ‘‘SEC. 154. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘For the purpose of making grants under subsections

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

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

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

21 and 1996.’’.

22 (d) PROJECTS OF NATIONAL SIGNIFICANCE.—Sec23 tion 163(a) of the Developmental Disabilities Assistance

24 and Bill of Rights Act (42 U.S.C. 6083(a)) is amended

25 by striking ‘‘$3,650,000’’ and all that follows and insert-
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1 ing the following: ‘‘$4,000,000 for fiscal year 1994, and

2 such sums as may be necessary for each of the fiscal years

3 1995 and 1996.’’.

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