[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.
          * * * * * * *