[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.

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