[Congressional Bills 103th Congress]
[From the U.S. Government Publishing 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.''.