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] ...


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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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