[Congressional Record Volume 140, Number 35 (Thursday, March 24, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: March 24, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT AMENDMENTS
OF 1993--CONFERENCE REPORT
Mr. CONRAD. Mr. President, I submit a report of the committee of
conference on S. 1284 and ask for its immediate consideration.
The PRESIDING OFFICER. The report will be stated.
The legislative clerk read as follows:
The committee on conference on the disagreeing votes of the
two Houses on the amendment of the House to the bill (S.
1284) to amend the Developmental Disabilities Assistance Bill
of Rights Act to expand or modify certain provisions relating
to programs for certain 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, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses this report, signed by all of the conferees.
The PRESIDING OFFICER. Without objection, the Senate will proceed to
the consideration of the conference report.
(The conference report is printed in the House proceedings of the
Record of March 21, 1994.)
Mr. HARKIN. I rise today in strong support of the conference report
accompanying S. 1284, the Developmental Disabilities Assistance an Bill
of Rights Act Amendments of 1994, which I am proud to have sponsored
along with Senators Durenberger, Kennedy, Jeffords, Metzenbaum, Simon,
Wellstone, Wofford, Dole, Pell, and Hatch.
I especially want to thank my distinguished colleague from Minnesota,
Senator Durenberger for his wisdom and counsel during the
reauthorization process. He has worked long and hard on this bill and
he deserves credit for his commitment to enhancing opportunities for
individuals with developmental disabilities.
I also want to thank the chairman of the Committee on Labor and Human
Resources, Senator Kennedy, and the ranking minority member, Senator
Kassebaum, for their leadership and guidance in developing this
legislation.
In addition, I want to thank our colleagues from the other body, for
their dedication and hard work in crafting the bill and in reaching the
final agreement contained in the conference report.
Finally, I want to pay tribute to the staff members who contributed
to this legislation, including Bob Silverstein and Ansley Bacon of my
staff, Susan Heegaard of Senator Durenberger's staff, and Wendy Cramer
of Senator Kassebaum's staff.
I want to pay particular tribute to Andy Bacon, who served as a
Kennedy Foundation Policy Fellow for the past year with the
Subcommittee on Disability Policy. Andy's wealth of knowledge,
experience, and leadership enabled her to help me craft a bill that
will truly promote independence, productivity, and integration and
inclusion into the community for individuals with developmental
disabilities. Mr. President, I want to publically thank Andy for her
dedication and hard work and wish her well as she returns to New York.
As we worked on the reauthorization of this legislation, we had the
assistance of many organizations and individuals. In particular, I want
to express my gratitude to the Developmental Disabilities Task Force of
the Consortium for Citizens with Disabilities [CCD]. The CCD is
comprised of over 117 organizations with members across the country.
Their thoughtful comments and ideas have been so helpful in this
process.
As is always the case when the two Houses of Congress pass companion
bills, the Senate version was not enacted in its entirety. However, I
am pleased that the conference report contains all of the Senate
provisions necessary to achieve the goals set out by the Subcommittee
on Disability Policy for reauthorization the Developmental Disabilities
Assistance and Bill of Rights Act.
Briefly, I would like to summarize some of the important provisions
in the conference report.
findings, purpose and policy
The conference report includes minor modifications to the findings,
purpose and policy section of the Senate bill. The most significant
change is the addition of the following phrase in the policy section;
``any assistance should be provided in an individualized manner,
consistent with the unique strengths, resources, priorities, concerns,
abilities, and capabilities of the individual.'' This phrase was used
in the 1992 Rehabilitation Act Amendments, and is intended to recognize
that each individual is unique and that services, supports and other
assistance must be individualized.
After the other body passed H.R. 3505, the companion bill to S. 1284,
questions were raised regarding the meaning of language included in the
House Report--page 8--relating to the sections in the bill pertaining
to the findings, purpose, and policy. I am pleased to report to my
colleagues that the conferees expressly refused to accept the House
language.
The language included in the conference report makes two points
clear. First, the Developmental Disabilities Assistance and Bill of
Rights Act does not, in and of itself, establish independent
substantive rights that may form the basis of a complaint regarding the
operations of a program in a community or institutional setting,
including the closure of a program. Second, Protection and Advocacy
systems established under part C of the Act are authorized to pursue
all appropriate remedies that address particular violations of other
Federal and State laws, including where the facts and law warrant it,
enjoining abuse and neglect and seeking the closure of programs in
community and institutional settings.
cultural diversity
The conference report includes several provisions to ensure that
racial and ethnic minorities are fully included at all levels and in
all activities authorized under this Act. These provisions include the
addition of language regarding unserved and underserved populations
(which includes individuals from racial and ethnic minority
backgrounds) and culturally competent services, supports and other
assistance. Both terms are defined in the conference report. A new
finding and two new principles are included in the conference report to
specifically address the need to ensure that individuals from racial
and ethnic minority backgrounds are fully included in all aspects of
the Act.
state developmental disabilities councils
Responsibilities of the Council. The responsibilities of the Council
as specified in the Senate bill include the responsibility to conduct
systemic change, capacity building and advocacy activities to promote
the development of a system and array of services supports and other
assistance. The conference report clarifies that the Council role in a
State is advisory. It includes a construction clause that states that
``Nothing in this Act shall be construed to authorize a Council to
direct, control, or exercise any policy making authority or
administrative authority over any program assisted under the
Rehabilitation Act of 1973 and the Individuals with Disabilities
Education Act.''
The Senate bill specifies Council responsibilities with respect to
the budget, and staff hiring and supervision. It includes provisions
that exempt State Councils--and protection and advocacy systems--from
certain personnel policies such as hiring freezes, reductions in force,
and travel restrictions. The conference report clarifies that this
exemption applies to the extent that such policies would impact staff
or functions funded with federal funds and would prevent the Council--
or protection and advocacy system--from carrying out its functions
under this Act. With regard to staff hiring and supervision, the
conference report clarifies that Council policies must be consistent
with State law and personnel policies.
Responsibilities of the Designated State Agency. The Senate bill
defines the responsibilities of the designated State agency under this
Act, to provide support services, assume fiscal responsibilities,
ensure that the activities of the Council are consistent with State
law, and assist the Council in obtaining appropriate State plan
assurances. It includes a ``noninterference'' provision that requires
an assurance that the designated State agency will not interfere with
the Council's selection of priorities and the programmatic activities
of the Council. The conference report clarifies the noninterference
provision by specifying that the designated State agency must have the
authority necessary to carry out its responsibilities.
Authority of the Governor. The Senate bill maintains the authority of
the Governor to appoint members of the State Council and to designate
the State agency that will serve as the designated State agency. It
requires the Council to coordinate recommendations to the Governor for
Council membership. The conference report clarifies that the Council
may, at the request of the Governor, coordinate recommendations for
appointment to the Council.
The Senate bill requires the Council to notify the Secretary, and the
Secretary to contact the Governor regarding Council vacancies that
remain unfilled. The conference report clarifies that the Council shall
notify the Governor when vacancies on the Council remain unfilled. The
conference report also clarifies the Council responsibility to
periodically review the designated State agency in terms of its
responsibilities under this Act and make any recommendations for change
to the Governor.
school to work transition
The conference report adds provisions to include the topic of school
to work transition for youth with disabilities as an optional training
project area for university affiliated programs and as an area that may
be funded under Projects of National Significance.
authorization levels
The Senate bill authorizes the following appropriations levels: State
Developmental Disabilities Councils--$77,400,000; protection and
advocacy systems--$29,000,000; university affiliated programs--
$21,000,000; and Projects of National Significance--$4,000,000. The
conference report includes the following authorization levels: State
Councils--$70,000,000; protection and advocacy systems--$24,000,000;
university affiliated programs--$19,000,000; and for Projects of
National Significance--$4,000,000.
Finally, serious questions were raised regarding the meaning of the
language in the House report. As Chairman of the Subcommittee on
Disability Policy and as chief sponsor of the bill, I support the
intention of the conferees that the language in the conference report
supersede the language in the House report. The conferees believe that
the State Developmental Disabilities Councils, protection and advocacy
systems and the university affiliated programs must be free to carry
out all authorized activities that are consistent with the policies and
purpose of the Act.
I urge my colleagues to join me in support of the conference report
accompanying S. 1284. I believe that this conference report moves us
closer to ensuring that the dream of the Americans with Disabilities
Act becomes a reality--an America where citizens with developmental
disabilities experience independence, productivity, integration and
inclusion into all aspects of society.
Mr. DURENBERGER. Mr. President, I rise today in support of passage of
the conference report accompanying S. 1284, the Developmental
Disabilities Assistance and Bill of Rights Act Amendments of 1994. This
important piece of legislation moves us closer to assuring that
individuals with disabilities and their families have access to the
opportunities, services and supports that promote independence,
productivity and inclusion into the community.
I want to take the opportunity to thank Senator Tom Harkin, chairman
of the Senate Subcommittee on Disability Policy and his staff Bob
Silverstein and Andy Bacon for their hard work and commitment to
passing this legislation. I also want to thank Senator Kassebaum,
Senator Jeffords, the other members of this committee and their staffs
for their assistance in developing this bill.
My House colleagues are to be commended for their efforts to find
common ground with the Senate between the two versions of this bill.
Their constructive and positive contributions have helped make this a
conference agreement we can truly be proud of.
Finally I want to thank and express my appreciation to all of the
individuals and groups who provided us with recommendations and ideas
so that this act accurately reflects the needs of individuals with
disabilities.
The Developmental Disabilities Act policy includes recognition of the
decisionmaking roles played by individuals and their families;
recognition that individuals with disabilities and their families have
competencies, capabilities, and personal goals that should be
recognized, supported and encouraged; respect for individual dignity,
personal preferences, and cultural differences and community acceptance
and support.
The act strengthens the ability of the State Developmental
Disabilities Councils to carry out systemic change, capacity building,
advocacy activities and coordination of activities with other
organizations and programs. The role of protection and advocacy systems
in each State is clarified in the act. A greater role for consumer
input has been included. The description of the core activities
conducted by University Affiliated programs has been updated. Finally,
the Secretary of Education is authorized to make grants to or enter
into contracts with private nonprofit and public entities for projects
of national significance relating to individuals with developmental
disabilities and their families.
In closing I want to recognize the contribution of a very special
person from Minnesota who came to Washington DC, last summer to testify
before the subcommittee. Sue Swenson of Minneapolis is the mother of
three boys, one of whom Charlie has disabilities. Sue is a graduate of
the Partners in Policy-Making Training Program sponsored by the
Minnesota Developmental Disabilities Council. Through her own personal
empowerment she has educated parents of children with disabilities and
changed the attitudes of ordinary people toward individuals with
disabilities.
I am proud to have been an original cosponsor of this very important
piece of legislation.
Mr. KENNEDY. Mr. President, reauthorization of the Developmental
Disability Assistance and Bill of Rights Act preserves and enhances one
of the most important national efforts for persons with developmental
disabilities. Persons with developmental disabilities continue to
encounter discrimination in employment, education, housing, medical
care, personal assistance services, and many other areas. The purpose
of this Act is to assure that individuals with developmental
disabilities and their families participate in the design of, and have
access to, appropriate services, support, and opportunities that
promote independence, productivity, and inclusion in community life.
Since the enactment of this legislation in the early 1970's, States
have been charged with implementing broad reforms--creating new avenues
for employment, housing, education, and other opportunities for persons
with developmental disabilities.
The Act has provided federal assistance for State Councils on the
Developmentally Disabled, advocacy agencies, University Affiliated
Programs, and demonstration projects of national significance. These
programs have given individuals with developmental disabilities an
opportunity to be a full part of society, based on their individual
strengths and capabilities.
In Massachusetts, there are approximately 180,00 adults and children
with developmental disabilities, and 50 percent are under 21 years of
age. The Developmental Disabilities Assistance and Bill of Rights Act
has been instrumental in assuring that they obtain the resources and
opportunities they need and deserve, based on their individual
abilities.
Massachusetts is currently in an important period of transition.
Large numbers of developmentally disabled adults are moving from major
institutions to community-based living environments. Advocacy for these
persons during this transition is fundamental to successful
integration.
Two State organizations, in particular, have done an excellent job.
The Massachusetts Developmental Disability Council has been responsible
for family support, respite care, educational and employment training,
transitional living, and many other programs. The Massachusetts
Disability Law Center was created in 1978 to defend individual rights
through direct legal assistance. Since the passage of the Americans
with Disability Act, the Center has worked tirelessly to enforce rights
in areas of medical care, personal assistance services, housing,
education, and employment.
The Act has also supported key institutions working in the area of
clinical services and professional training. Institutions such as The
Eunice Kennedy Shriver Center and the Boston Children's Hospital
Institute for Community Inclusion have been on the cutting edge of
clinical research and the training of professionals in the area of
developmental disabilities. As a result of these programs, persons with
developmental disabilities in Massachusetts have access to state-of-
the-art clinical care, highly trained medical professionals, and well
established programs to assist in full participation through
educational and employment-related activities.
The Developmental Disabilities Assistance and Bill of Rights Act has
worked well in Massachusetts--as it has across the country. Amendments
to the Act clarify and strengthen several key provisions. Requirements
have been added to ensure that racial and ethnic minorities are fully
included at all levels and in all activities authorized by the Act. The
role of the Sate Councils has been clarified with regard to
responsibilities, personnel, and Council membership--all intended to
improve the effectiveness of the Councils.
The bill also adds essential provisions to include school-to-work
transition programs for youth with disabilities. This provision is
important in assuring that young persons with disabilities have the
opportunity to contribute to society and fulfill their goals.
The Developmental Disabilities Assistance and Bill of Rights Act has
made vital resources available to States and advocacy agencies working
to ensure that this country lives up to its ideals for individuals with
developmental disabilities. The results have been dramatic, and reforms
at the grass-roots level have assured that developmentally disabled
persons and their families are given real choices and real
opportunities for full participation in our society.
I particularly commend the work of Senator Harkin and the
Subcommittee on Disability Policy for their excellent work on this
legislation, and I look forward to the passage of this important
conference report.
The PRESIDING OFFICER. The question is on agreeing to the conference
report.
The conference report was agreed to.
Mr. CONRAD. Mr. President, I move to reconsider the vote by which the
conference report was agreed to.
Mr. DOMENICI. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. CONRAD. Mr. President, I ask unanimous consent that the Senate
recede from its disagreement to the amendment of the House to the
title.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________