
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-402 Section 401(a)]
[Document affected by Public Law 106-402 Section 401(a)]
[CITE: 42USC6000]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 75--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 6000. Findings, purpose, and policy


(a) Findings

    The Congress finds that--
        (1) in 1993 there are more than 3,000,000 individuals with 
    developmental disabilities in the United States;
        (2) disability is a natural part of the human experience that 
    does not diminish the right of individuals with developmental 
    disabilities to enjoy the opportunity to live independently, enjoy 
    self-determination, make choices, contribute to society, and 
    experience full integration and inclusion in the economic, 
    political, social, cultural, and educational mainstream of American 
    society;
        (3) individuals with developmental disabilities continually 
    encounter various forms of discrimination in critical areas;
        (4) there is a lack of public awareness of the capabilities and 
    competencies of individuals with developmental disabilities;
        (5) individuals whose disabilities occur during their 
    developmental period frequently have severe disabilities that are 
    likely to continue indefinitely;
        (6) individuals with developmental disabilities often require 
    lifelong specialized services and assistance, provided in a 
    coordinated and culturally competent manner by many agencies, 
    professionals, advocates, community representatives, and others to 
    eliminate barriers and to meet the needs of such individuals and 
    their families;
        (7) a substantial portion of individuals with developmental 
    disabilities and their families do not have access to appropriate 
    support and services from generic and specialized service systems 
    and remain unserved or underserved;
        (8) 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 and community 
    are provided with the necessary services and supports;
        (9) there is a need to ensure that services, supports, and other 
    assistance are provided in a culturally competent manner, that 
    individuals from racial and ethnic minority backgrounds are fully 
    included in all activities under this chapter, and that greater 
    efforts are made to recruit individuals from minority backgrounds 
    into the field of developmental disabilities; and
        (10) the goals of the Nation properly include the goal of 
    providing individuals with developmental disabilities with the 
    opportunities and support to--
            (A) make informed choices and decisions;
            (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 family, community, State, and 
        Nation;
            (E) have interdependent friendships and relationships with 
        others; and
            (F) achieve full integration and inclusion in society, in an 
        individualized manner, consistent with unique strengths, 
        resources, priorities, concerns, abilities, and capabilities of 
        each individual.

(b) Purpose

    The purpose of this chapter is to assure that individuals with 
developmental disabilities and their families participate in the design 
of and have access to culturally competent services, supports, and other 
assistance and opportunities that promote independence, productivity, 
and integration and inclusion into the community, through--
        (1) support to State Developmental Disabilities Councils in each 
    State to promote, through systemic change, capacity building, and 
    advocacy activities that are consistent with the policy under 
    subsection (c)(2) of this section, a consumer and family-centered, 
    comprehensive system, and a coordinated array of services, supports, 
    and other assistance for individuals with developmental disabilities 
    and their families;
        (2) support to protection and advocacy systems in each State to 
    protect the legal and human rights of individuals with developmental 
    disabilities;
        (3) support to university affiliated programs to provide 
    interdisciplinary preservice preparation of students and fellows, 
    community service activities, and the dissemination of information 
    and research findings; and
        (4) support to national initiatives to collect necessary data, 
    provide technical assistance to State Developmental Disabilities 
    Councils, protection and advocacy systems and university affiliated 
    programs, and support other nationally significant activities.

(c) Policy

    It is the policy of the United States that all programs, projects, 
and activities receiving assistance under this chapter 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 
    achieving independence, productivity, and integration and inclusion 
    into the community, and often require the provision of services, 
    supports and other assistance to achieve independence, productivity, 
    and integration and inclusion;
        (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 and play 
    decisionmaking roles in policies and programs that affect the lives 
    of such individuals and their families;
        (4) services, supports, and other assistance are 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 
    from racial and ethnic minority backgrounds enjoy effective and 
    meaningful opportunities for full participation in the developmental 
    disabilities service system;
        (6) recruitment efforts within developmental disabilities at the 
    level of preservice training, community training, practice, 
    administration and policymaking must focus on bringing larger 
    numbers of racial and ethnic minorities into the field in order to 
    provide appropriate skills, knowledge, role models, and sufficient 
    manpower to address the growing needs of an increasingly diverse 
    population;
        (7) with education and support, communities can be responsive to 
    the needs of individuals with developmental disabilities and their 
    families and are enriched by the full and active participation and 
    the contributions by individuals with developmental disabilities and 
    their families; and
        (8) individuals with developmental disabilities should have 
    access to opportunities and the necessary support to be included in 
    community life, have interdependent relationships, live in homes and 
    communities, and make contributions to their families, community, 
    State, and Nation.

(Pub. L. 88-164, title I, Sec. 101, as added Pub. L. 98-527, Sec. 2, 
Oct. 19, 1984, 98 Stat. 2662; amended Pub. L. 100-146, title I, 
Sec. 101, Oct. 29, 1987, 101 Stat. 840; Pub. L. 101-496, Sec. 3, Oct. 
31, 1990, 104 Stat. 1191; Pub. L. 103-230, title I, Sec. 102, Apr. 6, 
1994, 108 Stat. 285.)

                       References in Text

    This chapter, referred to in subsecs. (a)(9), (b), and (c), was in 
the original ``this Act'' and was translated as reading ``this title'', 
meaning title I of Pub. L. 88-164, known as the Developmental 
Disabilities Assistance and Bill of Rights Act, to reflect the probable 
intent of Congress.


                            Prior Provisions

    A prior section 6000, Pub. L. 88-164, title I, Sec. 101, as added 
Pub. L. 95-602, title V, Sec. 502, Nov. 6, 1978, 92 Stat. 3004, set out 
Congressional statement of findings and purpose, prior to the general 
amendment of this chapter by Pub. L. 98-527.


                               Amendments

    1994--Pub. L. 103-230 amended section generally, substituting 
provisions relating to congressional findings, purpose, and policy for 
provisions relating to congressional findings and purposes.
    1990--Subsec. (a)(1). Pub. L. 101-496, Sec. 3(1)(A), substituted 
``in 1990 there are more than three'' for ``there are more than two''.
    Subsec. (a)(7) to (9). Pub. L. 101-496, Sec. 3(1), added par. (7) 
and redesignated former pars. (7) and (8) as (8) and (9), respectively.
    Subsec. (b)(3) to (8). Pub. L. 101-496, Sec. 3(2), added pars. (3) 
to (7) and redesignated former par. (3) as (8).
    1987--Pub. L. 100-146 amended section generally, substituting 
subsec. (a), consisting of pars. (1) to (8), for former subsec. (a), 
consisting of pars. (1) to (5), and substituting subsec. (b), consisting 
of pars. (1) to (3), for former subsec. (b), consisting of pars. (1) and 
(2).


                    Effective Date of 1987 Amendment

    Section 601 of Pub. L. 100-146 provided that: ``This Act, and the 
amendments made by this Act [see Short Title of 1987 Amendment note 
below], shall become effective on October 1, 1987.''


                      Short Title of 1996 Amendment

    Pub. L. 104-183, Sec. 1, Aug. 6, 1996, 110 Stat. 1694, provided 
that: ``This Act [amending sections 6030, 6043, 6066, and 6083 of this 
title] may be cited as the `Developmental Disabilities Assistance and 
Bill of Rights Act Amendments of 1996'.''


                      Short Title of 1994 Amendment

    Section 1(a) of Pub. L. 103-230 provided that: ``This Act [enacting 
sections 6025a, 6065, and 6066 of this title, amending this section and 
sections 6001, 6003, 6005 to 6009, 6021, 6022, 6024, 6025, 6026, 6027, 
6029, 6030, 6041 to 6043, 6061 to 6064, and 6081 to 6083 of this title, 
repealing sections 6002, 6004, 6023, and 6028 of this title, enacting 
provisions set out as a note under section 6025 of this title, and 
amending provisions set out as a note under this section] may be cited 
as the `Developmental Disabilities Assistance and Bill of Rights Act 
Amendments of 1994'.''


                      Short Title of 1990 Amendment

    Section 1 of Pub. L. 101-496 provided that: ``This Act [amending 
this section and sections 6001, 6002, 6006 to 6009, 6021, 6022, 6024, 
6025, 6030, 6042, 6043, 6062 to 6064, and 6081 to 6083 of this title] 
may be cited as the `Developmental Disabilities Assistance and Bill of 
Rights Act of 1990'.''


                      Short Title of 1987 Amendment

    Section 1 of Pub. L. 100-146 provided that: ``This Act [amending 
this section and sections 6001, 6006, 6021 to 6025, 6027, 6030, 6042, 
6043, 6061 to 6064, and 6081 to 6083 of this title, and enacting 
provisions set out as a note above] may be cited as the `Developmental 
Disabilities Assistance and Bill of Rights Act Amendments of 1987'.''


                      Short Title of 1984 Amendment

    Section 1 of Pub. L. 98-527 provided: ``That this Act [enacting this 
chapter] may be cited as the `Developmental Disabilities Act of 1984'.''


                               Short Title

    Section 1 of Pub. L. 94-103 provided that: ``This Act [see 
Codification note preceding this section] may be cited as the 
`Developmentally Disabled Assistance and Bill of Rights Act'.''
    Section 1 of Pub. L. 88-164, Oct. 31, 1963, 77 Stat. 282, as 
amended, provided that: ``This Act [enacting this chapter and subchapter 
III (Sec. 2689 et seq.) of chapter 33 of this title, and enacting 
provisions set out as notes under this section and section 2689 of this 
title] may be cited as the `Mental Retardation Facilities and Community 
Mental Health Centers Construction Act of 1963'.''
    Pub. L. 88-164, title I, Sec. 101, as added by Pub. L. 94-103, title 
I, Sec. 125, which provided that: ``This title [this chapter] may be 
cited as the `Developmental Disabilities Services and Facilities 
Construction Act'.'', was struck out by Pub. L. 95-602, title V, 
Sec. 502.
    Pub. L. 88-164, title I, Sec. 100, as added by Pub. L. 98-527, 
Sec. 2, Oct. 19, 1984, 98 Stat. 2662, and amended by Pub. L. 103-230, 
title I, Sec. 101(c), Apr. 6, 1994, 108 Stat. 285, provided that: ``This 
title [enacting this chapter] may be cited as the `Developmental 
Disabilities Assistance and Bill of Rights Act'.''

                  Section Referred to in Other Sections

    This section is referred to in sections 6021, 6024 of this title.
