103D CONGRESS

1ST SESSION S. 1284

AMENDMENTS
In the House of Representatives, U. S.,

November 21, 1993.

Resolved, That the bill from the Senate (S. 1284) entitled ‘‘An Act to amend the Developmental Disabilities Assistance and Bill of Rights Act to expand or 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’’,

do pass with the following

AMENDMENTS:

Strike out all after the enacting clause, and insert:

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 Developmen7 tal Disabilities Assistance and Bill of Rights Act (42 U.S.C.

8 6000 et seq.) is amended to read as follows:
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1 ‘‘TITLE I—PROGRAMS FOR INDI2 VIDUALS WITH DEVELOPMEN3 TAL DISABILITIES’’.

4 (b) PART.—The heading of part A of title I of the De5 velopmental Disabilities Assistance and Bill of Rights Act

6 (42 U.S.C. 6000 et seq.) is amended to read as follows:

7 ‘‘PART A—GENERAL PROVISIONS’’.

8 SEC. 3. FINDINGS AND PURPOSES.

9 Section 101 of the Developmental Disabilities Assist10 ance and Bill of Rights Act (42 U.S.C. 6000) is amended

11 to read as follows:

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

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

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

15 individuals with developmental disabilities in the

16 United States;

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

18 experience that does not diminish the right of individ19 uals with developmental disabilities to enjoy the op20 portunity to live independently, enjoy self-determina21 tion, make choices, contribute to society, and experi22 ence full integration and inclusion in the economic,

23 political, social, cultural, and educational main24 stream of American society;
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1 ‘‘(3) individuals with developmental disabilities

2 continually encounter various forms of discrimination

3 in critical areas;

4 ‘‘(4) there is a lack of public awareness of the ca5 pabilities and competencies of individuals with devel6 opmental disabilities;

7 ‘‘(5) individuals whose disabilities occur during

8 their developmental period frequently have severe dis9 abilities that are likely to continue indefinitely;

10 ‘‘(6) individuals with developmental disabilities

11 often require lifelong specialized services and assist12 ance, provided in a coordinated and culturally com13 petent manner by many agencies, professionals, advo14 cates, community representatives, and others to elimi15 nate barriers and to meet the needs of such individ16 uals and their families;

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

18 developmental disabilities and their families do not

19 have access to appropriate support and services from

20 generic and specialized service systems and remain

21 unserved or underserved;

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

23 the community can play an important role in en24 hancing the lives of individuals with developmental

25 disabilities, especially when the family and commu-
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1 nity are provided with the necessary services and sup2 ports; and

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

4 goal of providing individuals with developmental dis5 abilities with the opportunities and support to—

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

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

8 which such individuals can exercise their full

9 rights and responsibilities as citizens;

10 ‘‘(C) pursue meaningful and productive

11 lives;

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

13 State, and Nation;

14 ‘‘(E) have interdependent friendships and

15 relationships with others; and

16 ‘‘(F) achieve full integration and inclusion

17 in society;

18 in an individualized manner, consistent with unique

19 strengths, resources, priorities, concerns, abilities and

20 capabilities of each individual.

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

22 that individuals with developmental disabilities and their

23 families have access to culturally competent services, sup24 ports, and other assistance and opportunities that promote
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1 independence, productivity, and integration and inclusion

2 into the community, through—

3 ‘‘(1) support to State Developmental Disabilities

4 Councils in each State to promote, through systemic

5 change, capacity building, and advocacy (consistent

6 with section 101(c)(2)), a consumer and family-cen7 tered, comprehensive system, and a coordinated array

8 of services, supports, and other assistance for individ9 uals with developmental disabilities and their fami10 lies;

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

12 in each State to protect the legal and human rights

13 of individuals with developmental disabilities;

14 ‘‘(3) support to university affiliated programs to

15 provide interdisciplinary preservice preparation of

16 students and fellows, community service activities,

17 and the dissemination of information and research

18 findings; and

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

20 necessary data, provide technical assistance to State

21 Developmental Disabilities Councils, protection, and

22 advocacy systems and university affiliated programs,

23 and support other nationally significant activities.

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

25 all programs, projects, and activities receiving assistance
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1 under this Act shall be carried out in a manner consistent

2 with the principles that—

3 ‘‘(1) individuals with developmental disabilities,

4 including those with the most severe developmental

5 disabilities, are capable of achieving independence,

6 productivity, and integration and inclusion into the

7 community, and the provision of services, supports

8 and other assistance can improve such individuals’

9 ability to achieve independence, productivity, and in10 tegration and inclusion;

11 ‘‘(2) individuals with developmental disabilities

12 and their families have competencies, capabilities and

13 personal goals that should be recognized, supported,

14 and encouraged and any assistance should be pro15 vided in an individualized manner, consistent with

16 the unique strengths, resources, priorities, concerns,

17 abilities, and capabilities of the individual;

18 ‘‘(3) individuals with developmental disabilities

19 and their families are the primary decisionmakers re20 garding the services and supports such individuals

21 and their families receive and play decisionmaking

22 roles in policies and programs that affect the lives of

23 such individuals and their families;

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

25 provided in a manner that demonstrates respect for
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1 individual dignity, personal preferences, and cultural

2 differences;

3 ‘‘(5) communities accept and support individ4 uals with developmental disabilities and are enriched

5 by the full and active participation and the contribu6 tions by individuals with developmental disabilities

7 and their families; and

8 ‘‘(6) individuals with developmental disabilities

9 have opportunities and the necessary support to be

10 included in community life, have interdependent rela11 tionships, live in homes and communities, and make

12 contributions to their families, community, State, and

13 Nation.’’.

14 SEC. 4. TECHNICAL AMENDMENTS.

15 (a) PROTECTION AND ADVOCACY OF THE RIGHTS OF

16 INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.—The

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

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

19 is amended to read as follows:

20 ‘‘PART C—PROTECTION AND ADVOCACY OF THE

21 RIGHTS OF INDIVIDUALS WITH DEVEL22 OPMENTAL DISABILITIES’’.

23 (b) SYSTEM REQUIRED.—Section 142 of the Devel24 opmental Disabilities Assistance and Bill of Rights Act (42
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1 U.S.C. 6042) is amended by adding at the end the following

2 subsection:

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

4 The Secretary shall provide advance public notice of any

5 Federal programmatic and administrative review and so6 licit public comment on the system funded under this part

7 through such notice. The findings of the public comment so8 licitation notice shall be included in the onsite visit report.

9 The results of such reviews shall be distributed to the Gov10 ernor of the State and to other interested public and private

11 parties.’’.

12 (c) DEFINITION REGARDING UNIVERSITY AFFILIATED

13 PROGRAMS.—The Developmental Disabilities Assistance

14 and Bill of Rights Act (42 U.S.C. 6000 et seq.) is amend15 ed—

16 (1) in section 102(1)—

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

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

19 (B) by inserting ‘‘the Commonwealth of’’ be20 fore ‘‘Puerto Rico’’; and

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

22 section:
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1 ‘‘SEC. 155. DEFINITION.

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

3 of the several States, the District of Columbia, the Common4 wealth of Puerto Rico, the Virgin Islands, and Guam.’’.

5 SEC. 5. AUTHORIZATIONS OF APPROPRIATIONS.

6 (a) PLANNING OF PRIORITY AREA ACTIVITIES.—Sec7 tion 130 of the Developmental Disabilities Assistance and

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

9 ‘‘$77,400,000’’ and all that follows and inserting the follow10 ing: ‘‘$70,000,000 for fiscal year 1994, and such sums as

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

12 1996.’’.

13 (b) PROTECTION AND ADVOCACY OF INDIVIDUAL

14 RIGHTS.—Section 143 of the Developmental Disabilities

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

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

17 inserting the following: ‘‘$24,000,000 for fiscal year 1994,

18 and such sums as may be necessary for each of the fiscal

19 years 1995 and 1996.’’.

20 (c) UNIVERSITY AFFILIATED PROGRAM.—Section 154

21 of the Developmental Disabilities Assistance and Bill of

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

23 ‘‘SEC. 154. AUTHORIZATION OF APPROPRIATIONS.

24 ‘‘For the purpose of making grants under subsections

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

26 appropriated $19,000,000 for fiscal year 1994, and such
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1 sums as may be necessary for each of the fiscal years 1995

2 and 1996.’’.

3 (d) PROJECTS OF NATIONAL SIGNIFICANCE.—Section

4 163(a) of the Developmental Disabilities Assistance and

5 Bill of Rights Act (42 U.S.C. 6083(a)) is amended by strik6 ing ‘‘$3,650,000’’ and all that follows and inserting the fol7 lowing: ‘‘$4,000,000 for fiscal year 1994, and such sums

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

9 1996.’’.

Amend the title so as to read: ‘‘An Act 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.’’.

Attest:

Clerk.