House Report 104-719 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT AMENDMENTS OF 1996

[House Report 104-719]
[From the U.S. Government Publishing Office]

104th Congress Report
HOUSE OF REPRESENTATIVES

2d Session 104-719
_______________________________________________________________________

DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT AMENDMENTS
OF 1996

_______

July 30, 1996.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______________________________________________________________________

Mr. Bliley, from the Committee on Commerce, submitted the following

R E P O R T

[To accompany H.R. 3867]

[Including cost estimate of the Congressional Budget Office]

The Committee on Commerce, to whom was referred the bill
(H.R. 3867) to amend the Developmental Disabilities Assistance
and Bill of Rights Act to extend the Act, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.

CONTENTS

Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Rollcall Votes................................................... 2
Committee Oversight Findings..................................... 2
Committee on Government Reform and Oversight..................... 2
New Budget Authority and Tax Expenditures........................ 2
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 3
Inflationary Impact Statement.................................... 6
Advisory Committee Statement..................................... 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7

Purpose and Summary

This legislation extends for three years the Developmental
Disabilities Assistance and Bill of Rights Act. The program
consists of four components: the basic State grant program; the
protection and advocacy program; the university affiliated
program; and the projects of national significance.
H.R. 3867 authorizes the programs through Fiscal Year 1999.

Background and Need for Legislation

The Developmental Disabilities Assistance and Bill of
Rights Act (P.L. 94-103) was enacted in 1975 and has been
extended and revised many times in past Congresses. This
reauthorization expresses Congressional support for the
developmental disabilities programs and permits the revisions
passed in the last reauthorization to continue to be
implemented. The authorization for these programs will expire
on September 30, 1996.
The Senate passed S. 1757, an identical bill, on July 12,
1996, by unanimous consent.

Hearings

The Committee on Commerce has not held hearings on this
legislation.

Committee Consideration

On July 24, 1996, the Full Committee met in open markup
session and ordered H.R. 3867, the Developmental Disabilities
Assistance and Bill of Rights Act Amendments of 1996, reported
to the House, without amendment, by a voice vote, a quorum
being present.

Rollcall Votes

Clause 2(l)(2)(B) of rule XI of the Rules of the House
requires the Committee to list the recorded votes on the motion
to report legislation and amendments thereto. There were no
recorded votes taken in connection with ordering H.R. 3867
reported. A motion by Mr. Bliley to order H.R. 3867 reported to
the House, without amendment, was agreed to by a voice vote.

Committee Oversight Findings

Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of
the House of Representatives, the Committee has not held
oversight or legislative hearings on this legislation.

Committee on Government Reform and Oversight

Pursuant to clause 2(l)(3)(D) of rule XI of the Rules of
the House of Representatives, no oversight findings have been
submitted to the Committee by the Committee on Government
Reform and Oversight.

New Budget Authority and Tax Expenditures

In compliance with clause 2(l)(3)(B) of rule XI of the
Rules of the House of Representatives, the Committee states
that H.R 3867 would result in no new or increased budget
authority or tax expenditures or revenues.

Committee Cost Estimate

The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 403 of the Congressional Budget Act of 1974.

Congressional Budget Office Estimate

Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of
the House of Representatives, the following is the cost
estimate provided by the Congressional Budget Office pursuant
to section 403 of the Congressional Budget Act of 1974:

U.S. Congress,
Congressional Budget Office,
Washington, DC, July 30, 1996.
Hon. Thomas J. Bliley, Jr.,
Chairman, Committee on Commerce,
House of Representative, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3867, as ordered
reported by the House Committee on Commerce on July 24, 1996.
Because enactment of H.R. 3867 would not affect direct spending
or receipts, pay-as-you-go procedures would not apply to this
bill.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
June E. O'Neill, Director.
Enclosure.

Congressional Budget Office Cost Estimate

1. Bill No.: H.R. 3867.
2. Bill title: Development Disabilities Assistance and Bill
of Rights Act Amendments of 1996.
3. Bill status: As ordered reported by the House Committee
on Commerce on July 24, 1996.
4. Bill purpose: H.R. 3867 would amend the Developmental
Disabilities Assistance and Bill of Rights Act by extending,
through 1999, the authorizations of appropriations for four
programs which serve and assist individuals with developmental
disabilities.
5. Estimated cost to the Federal Government: The following
tables show estimated authorization unlevels under H.R. 3867.
CBO estimates that authorizations of appropriations would total
$381 million over fiscal years 1997 through 1999, assuming the
$123 million estimated authorization level for fiscal year 1997
is adjusted for inflation in fiscal years 1998 and 1999. If no
adjustment for inflation is assumed, the three-year
authorization would total $371 million.

TABLE 1.--ESTIMATED BUDGETARY IMPACT OF H.R. 3867
[By fiscal years, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1996 1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
WITH ADJUSTMENTS FOR INFLATION

Authorizations of appropriations under current
law:
Actual appropriation......................... 114 ....... ....... ....... ....... ....... .......
Estimated outlays............................ 118 66 7 ....... ....... ....... .......
Proposed changes:
Estimated authorization...................... ....... 123 127 131 ....... ....... .......
Estimated outlays............................ ....... 53 118 128 74 8 .......
Authorizations of appropriations under H.R. 3268:
Estimated authorization...................... 114 123 127 131 ....... ....... .......
Estimated outlays............................ 118 119 124 128 74 8 .......

WITHOUT ADJUSTMENTS FOR INFLATION

Authorizations of appropriations under current
law:
Actual appropriation......................... 114 ....... ....... ....... ....... ....... .......
Estimated outlays............................ 118 66 7 ....... ....... ....... .......
Proposed changes:
Estimated authorization...................... ....... 123 123 123 ....... ....... .......
Estimated outlays............................ ....... 53 116 123 70 7 .......
Authorizations of appropriations under H.R. 3268:
Estimated authorization...................... 114 123 123 123 ....... ....... .......
Estimated outlays............................ 18 119 123 123 70 7 .......
----------------------------------------------------------------------------------------------------------------

The costs of this bill would fall within budget function 500.

TABLE 2.--ESTIMATED BUDGETARY IMPACT OF H.R. 3867 BY PROGRAM, WITH ADJUSTMENTS FOR INFLATION
[By fiscal years, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
State developmental disabilities councils--proposed
changes:
Estimated authorization............................... 71 73 75 ....... ....... .......
Estimated outlays..................................... 35 68 74 37 4 .......
Protection and advocacy--proposed changes:
Estimated authorization............................... 28 29 30 ....... ....... .......
Estimated outlays..................................... 14 27 29 15 1 .......
University affiliated programs--proposed changes:
Estimated authorization............................... 19 20 20 ....... ....... .......
Estimated outlays..................................... 3 17 20 17 2 .......
Projects of national significance--proposed changes:
Estimated authorization............................... 6 6 6 ....... ....... .......
Estimated outlays..................................... 1 5 6 5 1 .......
----------------------------------------------------------------------------------------------------------------

TABLE 3.--ESTIMATED BUDGETARY IMPACT OF H.R. 3867 BY PROGRAM, WITHOUT ADJUSTMENTS FOR INFLATION
[By fiscal years, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
State development disabilities councils--proposed changes:
Estimated authorization............................... 71 71 71 ....... ....... .......
Estimated outlays..................................... 35 67 71 35 4 .......
Protection and advocacy--proposed changes:
Estimated authorization............................... 28 28 28 ....... ....... .......
Estimated outlays..................................... 14 27 28 14 1 .......
University affiliated programs--proposed changes:
Estimated authorization............................... 19 19 19 ....... ....... .......
Estimated outlays..................................... 3 17 19 16 2 .......
Projects of national significance--proposed changes:
Estimated authorization............................... 6 6 6 ....... ....... .......
Estimated outlays..................................... 1 5 6 5 1 .......
----------------------------------------------------------------------------------------------------------------

6. Basis of the estimate: Section 2 of H.R. 3867 would
reauthorize federal assistance for State Developmental
Disabilities councils. Under this section, grants to states
would support comprehensive, statewide systems which provide
coordinated services and assistance for individuals with
developmental disabilities. CBO estimates authorization of
appropriations of $218 million under this section for the 1997-
1999 period, based on the average of historical appropriations
(fiscal years 1995 and 1996), adjusted to account for
inflation. Outlay estimates are based on historical spending
patterns.
Section 3 would reauthorize spending for the Developmental
disabilities Protection and Advocacy program. This program
provides grants for the establishment and maintenance of a
protection and advocacy system in each state to protect the
legal and human rights of individuals with developmental
disabilities. CBO estimates $86 million would be authorized
under this section for the 1997-1999 period, based on the same
estimating method used for costs under Section 2.
Sections 4 and 5 of this bill would reauthorize spending
for Developmental Disabilities University Affiliated Programs
and for Developmental Disabilities Projects of National
Significance, respectively. CBO estimates $59 million would be
authorized for the 1997-1999 period for the former program,
which provides grants for operations and administrative support
to a national network of 60 University-affiliated programs
which provide community services for individuals with
developmental disabilities.
The Developmental Disabilities Projects of National
Significance program provides funds for demonstration,
training, and technical assistance projects which are designed
to help individuals with developmental disabilities achieve
full independence, productivity and inclusion in American
society. CBO estimates $18 million would be authorized for this
program for the 1997-1999 period.
7. Pay-as-you-go considerations: None.
8. Estimated cost to State, local and tribal governments:
The bill contains no intergovernmental mandates as defined in
Public Law 104-4.
Section 2 would reauthorize grants to states to enhance the
independence, productivity, and integration of individuals with
developmental disabilities. If the amounts authorized are
appropriated, the states would receive about $71 million which
would be matched with $24 million of state funds. Section 4
would reauthorize annual appropriations of $19 million for
grants to universities for projects related to individuals with
developmental disabilities. Public universities may receive
some of these funds. The universities' share of these project
costs would be between 10 percent and 25 percent. Finally,
Section 5 would reauthorize $6 million for grants to pubic and
nonprofit entities for projects that will support the
development of national and state policies dealing with
individuals with developmental disabilities. State, local, and
tribal governments may receive some of these funds.
9. Estimated impact on the private sector: H.R. 3867
contains no private-sector mandates as defined in P.L. 104-4.
The program reauthorizes four grant programs that help states
to provide service to certain people with mental or physical
disabilities.
10. Previous estimate: None.
11. Estimate prepared by: Federal cost estimate: Jennifer
Jenson; State and local cost estimate: John Patterson; and
private sector cost estimate: Linda Billheimer.
12. Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.

Inflationary Impact Statement

Pursuant to clause 2(l)(4) of Rule XI of the Rules of the
House of Representatives, the Committee finds that the bill
would have no inflationary impact.

Advisory Committee Statement

No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.

Section-by-Section Analysis of the Legislation

Section 1. Short title

Section 1 contains the short title, which is the
Developmental Disabilities Assistance and Bill of Rights Act
Amendments of 1996.

Section 2. Reauthorization of allotments for States

Section 2 extends the authorization for the basic State
grant program through Fiscal Year 1999.

Section 3. Reauthorization of authorities relating to protection and
advocacy of individual rights

Section 3 extends the authorization for the protection and
advocacy program through Fiscal Year 1999.

Section 4. Reauthorization of authorities relating to university
affiliated programs

Section 4 extends the authorization for the university
affiliated program through Fiscal Year 1999.

Section 5. Reauthorization of authorities relating to projects of
national significance

Section 5 extends the authorization for the projects of
national significance through Fiscal Year 1999.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3 of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):

DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS ACT

* * * * * * *

TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

PART A--GENERAL PROVISIONS

* * * * * * *

PART B--FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES COUNCILS

* * * * * * *

AUTHORIZATION OF APPROPRIATIONS

Sec. 130. For allotments under section 125, there are
authorized to be appropriated $70,000,000 for fiscal year 1994,
and such sums as may be necessary for each of the fiscal years
1995 [and 1996] through 1999.

PART C--PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS

* * * * * * *

SEC. 143. AUTHORIZATION OF APPROPRIATIONS.

For allotments under section 142, there are authorized to be
appropriated $24,000,000 for fiscal year 1994, and such sums as
may be necessary for each of the fiscal years 1995 [and 1996]
through 1999.
* * * * * * *

PART D--UNIVERSITY AFFILIATED PROGRAMS

* * * * * * *

SEC. 156. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--For the purpose of making grants under
subsections (a), (b), (c), and (d) 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] through 1999.
* * * * * * *

PART E--PROJECTS OF NATIONAL SIGNIFICANCE

* * * * * * *

SEC. 163. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--To carry out this part, there are authorized
to be appropriated $4,000,000 for fiscal year 1994, and such
sums as may be necessary for each of the fiscal years 1995 [and
1996] through 1999.
* * * * * * *