[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 3505 Reported in House (RH)]
Union Calendar No. 208
103d CONGRESS
1st Session
H. R. 3505
[Report No. 103-378]
_______________________________________________________________________
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.
_______________________________________________________________________
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
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, and
projects of national significance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Developmental Disabilities
Assistance and Bill of Rights Act Amendments of 1993''.
SEC. 2. TITLE AND PART HEADINGS.
(a) Title.--The heading of title I of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)
is amended to read as follows:
``TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''.
(b) Part.--The heading of part A of title I of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)
is amended to read as follows:
``PART A--GENERAL PROVISIONS''.
SEC. 3. FINDINGS AND PURPOSES.
Section 101 of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6000) is amended to read as follows:
``SEC. 101. FINDINGS, PURPOSES, AND POLICY.
``(a) Findings.--The Congress finds that--
``(1) in 1993 there are more than 3,000,000 individuals
with developmental disabilities in the United States;
``(2) disability is a natural part of the human experience
that does not diminish the right of individuals with
developmental disabilities to enjoy the opportunity to live
independently, enjoy self-determination, make choices,
contribute to society, and experience full integration and
inclusion in the economic, political, social, cultural, and
educational mainstream of American society;
``(3) individuals with developmental disabilities
continually encounter various forms of discrimination in
critical areas;
``(4) there is a lack of public awareness of the
capabilities and competencies of individuals with developmental
disabilities;
``(5) individuals whose disabilities occur during their
developmental period frequently have severe disabilities that
are likely to continue indefinitely;
``(6) individuals with developmental disabilities often
require lifelong specialized services and assistance, provided
in a coordinated and culturally competent manner by many
agencies, professionals, advocates, community representatives,
and others to eliminate barriers and to meet the needs of such
individuals and their families;
``(7) a substantial portion of individuals with
developmental disabilities and their families do not have
access to appropriate support and services from generic and
specialized service systems and remain unserved or underserved;
``(8) family members, friends, and members of the community
can play an important role in enhancing the lives of
individuals with developmental disabilities, especially when
the family and community are provided with the necessary
services and supports; and
``(9) the goals of the Nation properly include the goal of
providing individuals with developmental disabilities with the
opportunities and support to--
``(A) make informed choices and decisions;
``(B) live in homes and communities in which such
individuals can exercise their full rights and
responsibilities as citizens;
``(C) pursue meaningful and productive lives;
``(D) contribute to their family, community, State,
and Nation;
``(E) have interdependent friendships and
relationships with others; and
``(F) achieve full integration and inclusion in
society;
in an individualized manner, consistent with unique strengths,
resources, priorities, concerns, abilities and capabilities of
each individual.
``(b) Purpose.--The purpose of this Act is to assure that
individuals with developmental disabilities and their families have
access to culturally competent services, supports, and other assistance
and opportunities that promote independence, productivity, and
integration and inclusion into the community, through--
``(1) support to State Developmental Disabilities Councils
in each State to promote, through systemic change, capacity
building, and advocacy (consistent with section 101(c)(2)), a
consumer and family-centered, comprehensive system, and a
coordinated array of services, supports, and other assistance
for individuals with developmental disabilities and their
families;
``(2) support to protection and advocacy systems in each
State to protect the legal and human rights of individuals with
developmental disabilities;
``(3) support to university affiliated programs to provide
interdisciplinary preservice preparation of students and
fellows, community service activities, and the dissemination of
information and research findings; and
``(4) support to national initiatives to collect necessary
data, provide technical assistance to State Developmental
Disabilities Councils, protection, and advocacy systems and
university affiliated programs, and support other nationally
significant activities.
``(c) Policy.--It is the policy of the United States that all
programs, projects, and activities receiving assistance under this Act
shall be carried out in a manner consistent with the principles that--
``(1) individuals with developmental disabilities,
including those with the most severe developmental
disabilities, are capable of achieving independence,
productivity, and integration and inclusion into the community,
and the provision of services, supports and other assistance
can improve such individuals' ability to achieve independence,
productivity, and integration and inclusion;
``(2) individuals with developmental disabilities and their
families have competencies, capabilities and personal goals
that should be recognized, supported, and encouraged and any
assistance should be provided in an individualized manner,
consistent with the unique strengths, resources, priorities,
concerns, abilities, and capabilities of the individual;
``(3) individuals with developmental disabilities and their
families are the primary decisionmakers regarding the services
and supports such individuals and their families receive and
play decisionmaking roles in policies and programs that affect
the lives of such individuals and their families;
``(4) services, supports, and other assistance are provided
in a manner that demonstrates respect for individual dignity,
personal preferences, and cultural differences;
``(5) communities accept and support individuals with
developmental disabilities and are enriched by the full and
active participation and the contributions by individuals with
developmental disabilities and their families; and
``(6) individuals with developmental disabilities have
opportunities and the necessary support to be included in
community life, have interdependent relationships, live in
homes and communities, and make contributions to their
families, community, State, and Nation.''.
SEC. 4. TECHNICAL AMENDMENTS.
(a) Protection and Advocacy of the Rights of Individuals With
Developmental Disabilities.--The heading of part C of title I of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6041 et seq.) is amended to read as follows:
``PART C--PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH
DEVELOPMENTAL DISABILITIES''.
(b) System Required.--Section 142 of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6042) is amended by adding
at the end the following subsection:
``(i) Public Notice of Federal Onsite Review.--The Secretary shall
provide advance public notice of any Federal programmatic and
administrative review and solicit public comment on the system funded
under this part through such notice. The findings of the public comment
solicitation notice shall be included in the onsite visit report. The
results of such reviews shall be distributed to the Governor of the
State and to other interested public and private parties.''.
(c) Definition Regarding University Affiliated Programs.--The
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6000 et seq.) is amended--
(1) in section 102(1)--
(A) by inserting ``, except as provided in section
155,'' before ``includes''; and
(B) by inserting ``the Commonwealth of'' before
``Puerto Rico''; and
(2) by adding at the end of part D the following section:
``SEC. 155. DEFINITION.
``For purposes of this part, the term `State' means each of the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, and Guam.''.
SEC. 5. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Planning of Priority Area Activities.--Section 130 of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6030) is amended by striking ``$77,400,000'' and all that follows and
inserting the following: ``$70,000,000 for fiscal year 1994, and such
sums as may be necessary for each of the fiscal years 1995 and 1996.''.
(b) Protection and Advocacy of Individual Rights.--Section 143 of
the Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6043) is amended by striking ``$24,200,000'' and all that
follows and inserting the following: ``$24,000,000 for fiscal year
1994, and such sums as may be necessary for each of the fiscal years
1995 and 1996.''.
(c) University Affiliated Program.--Section 154 of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6064) is amended to read as follows:
``SEC. 154. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of making grants under subsections (a) through
(e) of section 152, there are authorized to be appropriated $19,000,000
for fiscal year 1994, and such sums as may be necessary for each of the
fiscal years 1995 and 1996.''.
(d) Projects of National Significance.--Section 163(a) of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6083(a)) is amended by striking ``$3,650,000'' and all that follows and
inserting the following: ``$4,000,000 for fiscal year 1994, and such
sums as may be necessary for each of the fiscal years 1995 and 1996.''.