Home > 106th Congressional Bills > S. 1809 (es) To improve service systems for individuals with developmental disabilities, and for other purposes. [Engrossed in Senate] ...S. 1809 (es) To improve service systems for individuals with developmental disabilities, and for other purposes. [Engrossed in Senate] ...
S.1809
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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--
(1) individuals with developmental disabilities, including
those with the most severe developmental disabilities, are capable
of self-determination, independence, productivity, and integration
and inclusion in all facets of community life, but often require
the provision of community services, individualized supports, and
other forms of assistance;
(2) individuals with developmental disabilities and their
families have competencies, capabilities, and personal goals that
should be recognized, supported, and encouraged, and any assistance
to such individuals should be provided in an individualized manner,
consistent with the unique strengths, resources, priorities,
concerns, abilities, and capabilities of such individuals;
(3) individuals with developmental disabilities and their
families are the primary decisionmakers regarding the services and
supports such individuals and their families receive, including
regarding choosing where the individuals live from available
options, and play decisionmaking roles in policies and programs
that affect the lives of such individuals and their families;
(4) services, supports, and other assistance should be provided
in a manner that demonstrates respect for individual dignity,
personal preferences, and cultural differences;
(5) specific efforts must be made to ensure that individuals
with developmental disabilities from racial and ethnic minority
backgrounds and their families enjoy increased and meaningful
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