findings and purposes

findings and purposes Sec. 101. Section 101 is amended to read as follows: “findings and purposes “Sec. 101. (a) The Congress finds that— “(1) there are more than two million persons with developmental disabilities in the United States; “(2) persons whose disabilities occur during their developmental period frequently have severe disabilities which are likely to continue indefinitely; “(3) notwithstanding their severe disabilities, these persons have capabilities, competencies, and personal needs and preferences; “(4) family and members of the community can play a central role in enhancing the lives of persons with developmental disabilities, especially when the family is provided with necessary support services; “(5) persons with developmental disabilities and their families often require specialized lifelong assistance to be provided in a coordinated manner by many agencies and others in order to eliminate barriers for such persons and to meet the needs of such persons; “(6) generic service agencies and agencies providing specialized services to persons with disabilities sometimes overlook, inappropriately address the needs of, or exclude persons with101 STAT. 841 developmental disabilities in their planning and delivery of services; (7) public and private employers tend to be unaware of the capability of persons with developmental disabilities to be engaged in competitive work in integrated settings; and (8) it is in the national interest to offer persons with developmental disabilities the opportunity, to the maximum extent feasible, to make decisions for themselves and to live in typical homes and communities where they can exercise their full rights and responsibilities as citizens. “(b) The purposes of this title are— (1) to provide assistance to States and public and private nonprofit agencies and organizations to assure that all persons with developmental disabilities receive the services and other assistance and opportunities necessary to enable such persons to achieve their maximum potential through increased independence, productivity, and integration into the community; (2) to enhance the role of the family in assisting persons with developmental disabilities to achieve their maximum potential; and (3) to make grants to support a system in each State to protect the legal and human rights of persons with developmental disabilities.”. definitions Sec. 102. Section 102 is amended— (1) by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: “(2) The term ‘nonprofit’ means an agency, institution, or organization that is owned or operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private share holder or individual.”; (2) by redesignating paragraph (4) as paragraph (3); (3) by striking out paragraph (5); (4) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (4), (5), (6), and (7), respectively; (5) by redesignating paragraph (10) as paragraph (8), and in such paragraph, by striking out “nonhandicapped” each place it appears and inserting in lieu thereof “nondisabled”; (6) by striking out paragraph (11); (7) by redesignating paragraphs (12), (13), (14), and (15) as paragraphs (17), (18), (19), and (20), respectively; (8) by inserting after paragraph (8) (as redesignated by paragraph (5) of this section) the following new paragraphs: (9) The term ‘priority area activities’ includes, with respect to Federal priority areas or a State priority area— “(A) activities to increase the capacities and resources of public and private nonprofit entities and others to develop a system for providing specialized services or special adaptations of generic services or other assistance which responds to the needs and capabilities of persons with developmental disabilities and their families and to enhance coordination among entities; “(B) the— “(i) conduct of studies and analyses; “(ii) gathering of information; 101 STAT. 842 “(iii) development of model policies, and procedures; and “(iv) presentation of information, models, findings, conclusions, and recommendations to policymakers, in order to enhance opportunities for persons with developmental disabilities, including the enhancement of a system for providing or making available specialized services or special adaptations of generic services for persons with developmental disabilities and the families of such persons; “(C) the demonstration of new ways to enhance the independence, productivity, and integration into the community of persons with developmental disabilities, such as model demonstrations which, if successful, will be made generally applicable through sources of funding other than funding under this title, including new ways to enhance specialized services or special adaptations of generic services for persons with developmental disabilities and the families of such persons; “(D) outreach activities for persons with developmental disabilities to enable such persons to obtain assistance in Federal priority areas or a State priority area, including access to specialized services or special adaptations of generic services for persons with developmental disabilities and the families of such persons; “(E) the training of persons with developmental disabilities, family members of such persons, and personnel, including professionals, paraprofessionals, students, and volunteers, to obtain access to, or to provide, services and other assistance in the area, including specialized services or special adaptations of generic services for persons with developmental disabilities and the families of such persons; and “(F) similar activities designed to prevent developmental disabilities from occurring or to expand and enhance the independence, productivity and integration into the community of persons with developmental disabilities through the State on a comprehensive basis. “(10) The term ‘Federal priority areas’ means community living activities, employment activities, child development activities, and case management activities. “(11) The term ‘State priority area’ means priority area activities in an area considered essential by the State Planning Council. “(12) The term ‘community living activities’ means such priority area activities as will assist persons with developmental disabilities in developing or maintaining suitable residential arrangements and supports in the community (including nonfinancial supports and family support services). “(13) The term ‘employment activities’ means such priority area activities as will increase the independence, productivity, or integration of a person with developmental disabilities m work settings. “(14) The term ‘supported employment’ means competitive work in integrated work settings— “(A) for persons with developmental disabilities for whom competitive employment has not traditionally occurred; or 101 STAT. 843 “(B) for persons for whom competitive employment has been interrupted or intermittent as a result of a developmental disability, and who because of their disability need ongoing support services to perform such work. “(15) The term ‘child development activities’ means such priority area activities as will assist in the prevention, identification, and alleviation of developmental disabilities in children, including early intervention services. “(16) The term ‘case management activities’ means priority area activities to establish a potentially lifelong, goal-oriented process for coordinating the range of assistance needed by persons with developmental disabilities and their families, which is designed to ensure accessibility, continuity of supports and services, and accountability and to ensure that the maximum potential of persons with developmental disabilities for independence, productivity, and integration into the community is attained.”; (9) by striking out “facility or facilities” in subparagraph (A)(ii) of paragraph (17) (as redesignated by paragraph (7) of this section) and inserting in lieu thereof “program or programs”; (10) by striking out “facilities” each place it appears in paragraph (17) (as redesignated by paragraph (7) of this section) and inserting in lieu thereof “programs’, (11) by striking out “paragraph (13)” in subparagraph (A)(iii) of paragraph (17) (as redesignated by paragraph (7) of this section) and inserting in lieu thereof “paragraph (18)”; (12) by striking out “facility” the first place it appears in paragraph (18) (as redesignated by paragraph (7) of this section) and inserting in lieu thereof “program”; (13) by striking out “public or nonprofit facility” in paragraph (18) (as redesignated by paragraph (7) of this section) and inserting in lieu thereof “program operated by a public or nonprofit private entity”; (14) by inserting “, including parents of persons with developmental disabilities, professionals, paraprofessionals, students, and volunteers,” before “which is” in subparagraph (A) of paragraph (18) (as redesignated by paragraph (7) of this section); (15) by striking out “the facility” in paragraph (18) (as redesignated by paragraph (7) of this section) and inserting in lieu thereof “a facility”; and (16) by adding at the end thereof the following new paragraphs: “(21) The term ‘family support services’ means services designed to— “(A) strengthen the family’s role as primary caregivers; “(B) prevent inappropriate out-of-the-home placement and maintain family unity; and “(C) reunite families with members who have been placed out of the home. Such term includes respite care, personal care, parent training and counseling, support for elderly parents, and other individualized services. “(22) The term ‘assistive technology’ means the systematic application of technology, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, persons with developmental disabilities in areas including education, employment, supported employment,101 STAT. 844 transportation, and independent living and other community living arrangements. “(23) The term ‘early intervention services’ means services provided to infants, toddlers, young children, and the families of such to— “(A) identify, assess, and treat developmental disabilities at the earliest possible time to prevent more serious disability; “(B) ensure the maximum growth and development of a person within the above classes who has a developmental disability; and “(C) assist families in raising a child with a developmental disability.”.