[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2839 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2839

 To amend the Developmental Disabilities Assistance and Bill of Rights 
 Act of 2000 to require protection and advocacy systems to give notice 
to, and obtain the authorization of, an individual (or the individual's 
    legal representative) before pursuing remedies on behalf of the 
                              individual.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2007

  Mr. Frank of Massachusetts 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 of 2000 to require protection and advocacy systems to give notice 
to, and obtain the authorization of, an individual (or the individual's 
    legal representative) before pursuing remedies on behalf of the 
                              individual.

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

SECTION 1. NOTICE BY PROTECTION AND ADVOCACY SYSTEMS.

    Subsection (a) of section 143 of the Developmental Disabilities 
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) is 
amended--
            (1) in clause (i) of paragraph (2)(A), by inserting 
        ``subject to paragraph (5),'' before ``pursue legal, 
        administrative, and other appropriate remedies or approaches'';
            (2) at the end of paragraph (3), by striking ``and'';
            (3) at the end of paragraph (4), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(5) before pursuing any legal, administrative, or other 
        remedy on behalf of an individual under paragraph (2)(A)(i), 
        the system shall give notice to, and obtain the authorization 
        of, the individual or the legal guardian, conservator, or other 
        legal representative of the individual.''.
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