[Congressional Record Volume 140, Number 26 (Thursday, March 10, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 10, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT AMENDMENTS 
                                OF 1993

  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       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:

     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.''.

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