Home > 106th Congressional Bills > H.R. 4920 (ih) To improve service systems for individuals with developmental disabilities, and for other purposes. [Introduced in House] ...H.R. 4920 (ih) To improve service systems for individuals with developmental disabilities, and for other purposes. [Introduced in House] ...
106th CONGRESS
2d Session
H. R. 4920
_______________________________________________________________________
AN ACT
To improve service systems for individuals with developmental
disabilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Developmental
Disabilities Assistance and Bill of Rights Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
Subtitle A--General Provisions
Sec. 101. Findings, purposes, and policy.
Sec. 102. Definitions.
Sec. 103. Records and audits.
Sec. 104. Responsibilities of the Secretary.
Sec. 105. Reports of the Secretary.
Sec. 106. State control of operations.
Sec. 107. Employment of individuals with disabilities.
Sec. 108. Construction.
Sec. 109. Rights of individuals with developmental disabilities.
Subtitle B--Federal Assistance to State Councils on Developmental
Disabilities
Sec. 121. Purpose.
Sec. 122. State allotments.
Sec. 123. Payments to the States for planning, administration, and
services.
Sec. 124. State plan.
Sec. 125. State Councils on Developmental Disabilities and designated
State agencies.
Sec. 126. Federal and non-Federal share.
Sec. 127. Withholding of payments for planning, administration, and
services.
Sec. 128. Appeals by States.
Sec. 129. Authorization of appropriations.
Subtitle C--Protection and Advocacy of Individual Rights
Sec. 141. Purpose.
Sec. 142. Allotments and payments.
Sec. 143. System required.
Sec. 144. Administration.
Sec. 145. Authorization of appropriations.
Subtitle D--National Network of University Centers for Excellence in
Developmental Disabilities Education, Research, and Service
Sec. 151. Grant authority.
Sec. 152. Grant awards.
Sec. 153. Purpose and scope of activities.
Sec. 154. Applications.
Sec. 155. Definition.
Sec. 156. Authorization of appropriations.
Subtitle E--Projects of National Significance
Sec. 161. Purpose.
Sec. 162. Grant authority.
Sec. 163. Authorization of appropriations.
TITLE II--FAMILY SUPPORT
Sec. 201. Short title.
Sec. 202. Findings, purposes, and policy.
Sec. 203. Definitions and special rule.
Sec. 204. Grants to States.
Sec. 205. Application.
Sec. 206. Designation of the lead entity.
Sec. 207. Authorized activities.
Sec. 208. Reporting.
Sec. 209. Technical assistance.
Sec. 210. Evaluation.
Sec. 211. Projects of national significance.
Sec. 212. Authorization of appropriations.
TITLE III--PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES
Sec. 301. Findings.
Sec. 302. Definitions.
Sec. 303. Reaching up scholarship program.
Sec. 304. Staff development curriculum authorization.
Sec. 305. Authorization of appropriations.
TITLE IV--REPEAL
Sec. 401. Repeal.
TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
Subtitle A--General Provisions
SEC. 101. FINDINGS, PURPOSES, AND POLICY.
(a) Findings.--Congress finds that--
(1) disability is a natural part of the human experience
that does not diminish the right of individuals with
developmental disabilities to live independently, to exert
control and choice over their own lives, and to fully
participate in and contribute to their communities through full
integration and inclusion in the economic, political, social,
cultural, and educational mainstream of United States society;
(2) in 1999, there were between 3,200,000 and 4,500,000
individuals with developmental disabilities in the United
States, and recent studies indicate that individuals with
developmental disabilities comprise between 1.2 and 1.65
percent of the United States population;
(3) individuals whose disabilities occur during their
developmental period frequently have severe disabilities that
are likely to continue indefinitely;
(4) individuals with developmental disabilities often
encounter discrimination in the provision of critical services,
such as services in the areas of emphasis (as defined in
section 102);
(5) individuals with developmental disabilities are at
greater risk than the general population of abuse, neglect,
financial and sexual exploitation, and the violation of their
legal and human rights;
(6) a substantial portion of individuals with developmental
disabilities and their families do not have access to
appropriate support and services, including access to assistive
technology, from generic and specialized service systems, and
remain unserved or underserved;
(7) individuals with developmental disabilities often
require lifelong community services, individualized supports,
and other forms of assistance, that are most effective when
provided in a coordinated manner;
(8) there is a need to ensure that services, supports, and
other assistance are provided in a culturally competent manner,
that ensures that individuals from racial and ethnic minority
backgrounds are fully included in all activities provided under
this title;
(9) 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 members, friends, and community members are provided
with the necessary community services, individualized supports,
and other forms of assistance;
(10) current research indicates that 88 percent of
individuals with developmental disabilities live with their
families or in their own households;
(11) many service delivery systems and communities are not
prepared to meet the impending needs of the 479,862 adults with
developmental disabilities who are living at home with parents
who are 60 years old or older and who serve as the primary
caregivers of the adults;
(12) in almost every State, individuals with developmental
disabilities are waiting for appropriate services in their
communities, in the areas of emphasis;
(13) the public needs to be made more aware of the
capabilities and competencies of individuals with developmental
disabilities, particularly in cases in which the individuals
are provided with necessary services, supports, and other
assistance;
(14) as increasing numbers of individuals with
developmental disabilities are living, learning, working, and
participating in all aspects of community life, there is an
increasing need for a well trained workforce that is able to
provide the services, supports, and other forms of direct
assistance required to enable the individuals to carry out
those activities;
(15) there needs to be greater effort to recruit
individuals from minority backgrounds into professions serving
individuals with developmental disabilities and their families;
(16) the goals of the Nation properly include a goal of
providing individuals with developmental disabilities with the
information, skills, opportunities, and support to--
(A) make informed choices and decisions about their
lives;
(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 families, communities, and
States, and the Nation;
(E) have interdependent friendships and
relationships with other persons;
(F) live free of abuse, neglect, financial and
sexual exploitation, and violations of their legal and
human rights; and
(G) achieve full integration and inclusion in
society, in an individualized manner, consistent with
the unique strengths, resources, priorities, concerns,
abilities, and capabilities of each individual; and
(17) as the Nation, States, and communities maintain and
expand community living options for individuals with
developmental disabilities, there is a need to evaluate the
access to those options by individuals with developmental
disabilities and the effects of those options on individuals
with developmental disabilities.
(b) Purpose.--The purpose of this title is to assure that
individuals with developmental disabilities and their families
participate in the design of and have access to needed community
services, individualized supports, and other forms of assistance that
promote self-determination, independence, productivity, and integration
and inclusion in all facets of community life, through culturally
competent programs authorized under this title, including
specifically--
(1) State Councils on Developmental Disabilities in each
State to engage in advocacy, capacity building, and systemic
change activities that--
(A) are consistent with the purpose described in
this subsection and the policy described in subsection
(c); and
(B) contribute to a coordinated, consumer- and
family-centered, consumer- and family-directed,
comprehensive system that includes needed community
services, individualized supports, and other forms of
assistance that promote self-determination for
individuals with developmental disabilities and their
families;
(2) protection and advocacy systems in each State to
protect the legal and human rights of individuals with
developmental disabilities;
(3) University Centers for Excellence in Developmental
Disabilities Education, Research, and Service--
(A) to provide interdisciplinary pre-service
preparation and continuing education of students and
fellows, which may include the preparation and
continuing education of leadership, direct service,
clinical, or other personnel to strengthen and increase
the capacity of States and communities to achieve the
purpose of this title;
(B) to provide community services--
(i) that provide training and technical
assistance for individuals with developmental
disabilities, their families, professionals,
paraprofessionals, policymakers, students, and
other members of the community; and
(ii) that may provide services, supports,
and assistance for the persons described in
clause (i) through demonstration and model
activities;
(C) to conduct research, which may include basic or
applied research, evaluation, and the analysis of
public policy in areas that affect or could affect,
either positively or negatively, individuals with
developmental disabilities and their families; and
(D) to disseminate information related to
activities undertaken to address the purpose of this
title, especially dissemination of information that
demonstrates that the network authorized under this
subtitle is a national and international resource that
includes specific substantive areas of expertise that
may be accessed and applied in diverse settings and
circumstances; and
(4) funding for--
(A) national initiatives to collect necessary data
on issues that are directly or indirectly relevant to
the lives of individuals with developmental
disabilities;
(B) technical assistance to entities who engage in
or intend to engage in activities consistent with the
purpose described in this subsection or the policy
described in subsection (c); and
(C) other nationally significant activities.
(c) Policy.--It is the policy of the United States that all
programs, projects, and activities receiving assistance under this
title shall be carried out in a manner consistent with the principles
that--
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