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US (United States) Code. Title 42. Chapter 144: Developmental disabilities assistance and bill of rights

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-CITE-

42 USC CHAPTER 144 - DEVELOPMENTAL DISABILITIES

ASSISTANCE AND BILL OF RIGHTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

-HEAD-

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

-MISC1-

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

PART A - GENERAL PROVISIONS

Sec.

15001. Findings, purposes, and policy.

(a) Findings.

(b) Purpose.

15002. Definitions.

15003. Records and audits.

(a) Records.

(b) Access.

15004. Responsibilities of the Secretary.

(a) Program accountability.

(b) Time line for regulations.

15005. Reports of the Secretary.

15006. State control of operations.

15007. Employment of individuals with disabilities.

15008. Construction.

15009. Rights of individuals with developmental disabilities.

(a) In general.

(b) Clarification.

PART B - FEDERAL ASSISTANCE TO STATE COUNCILS ON DEVELOPMENTAL

DISABILITIES

15021. Purpose.

15022. State allotments.

(a) Allotments.

(b) Unobligated funds.

(d) Cooperative efforts between States.

(e) Reallotments.

15023. Payments to the States for planning, administration,

and services.

(a) State plan expenditures.

(b) Designated State agency expenditures.

15024. State plan.

(a) In general.

(b) Planning cycle.

(d) Public input and review, submission, and

approval.

15025. State Councils on Developmental Disabilities and

designated State agencies.

(a) In general.

(b) Council membership.

(d) Designated State agency.

15026. Federal and non-Federal share.

(a) Aggregate cost.

(b) Nonduplication.

15027. Withholding of payments for planning, administration,

and services.

15028. Appeals by States.

(a) Appeal.

(b) Filing.

(d) Findings and remand.

(e) Finality.

(f) Effect.

15029. Authorization of appropriations.

(a) Funding for State allotments.

(b) Reservation for technical assistance.

PART C - PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS

15041. Purpose.

15042. Allotments and payments.

(a) Allotments.

(b) Payment to systems.

15043. System required.

(a) System required.

(b) American Indian consortium.

15044. Administration.

(a) Governing board.

(b) Legal action.

(d) Public notice of Federal onsite review.

(e) Reports.

15045. Authorization of appropriations.

PART D - NATIONAL NETWORK OF UNIVERSITY CENTERS FOR EXCELLENCE IN

DEVELOPMENTAL DISABILITIES EDUCATION, RESEARCH, AND SERVICE

15061. Grant authority.

(a) National network.

(b) National training initiatives.

15062. Grant awards.

(a) Existing Centers.

(b) Adjustments.

emerging needs.

(d) Additional grants.

15063. Purpose and scope of activities.

(a) National network of University Centers for

Excellence in Developmental Disabilities

Education, Research, and Service.

(b) National training initiatives on critical and

emerging needs.

15064. Applications.

(a) Applications for core Center grants.

(b) Supplemental grant applications pertaining to

national training initiatives in critical and

emerging needs.

(d) Federal share.

(e) Annual report.

15065. Definition.

15066. Authorization of appropriations.

(a) Authorization and reservations.

(b) Limitation.

PART E - PROJECTS OF NATIONAL SIGNIFICANCE

15081. Purpose.

15082. Grant authority.

(a) In general.

(b) Federal interagency initiatives.

15083. Authorization of appropriations.

(a) In general.

(b) Use of funds.

(d) Technical assistance on electronic information

sharing.

(e) Limitation.

SUBCHAPTER II - FAMILY SUPPORT

15091. Findings, purposes, and policy.

(a) Findings.

(b) Purposes.

15092. Definitions and special rule.

(a) Definitions.

(b) Special rule.

15093. Grants to States.

(a) In general.

(b) Award period and grant limitation.

(d) Priority for previously participating States.

(e) Priorities for distribution.

15094. Application.

15095. Designation of the lead entity.

(a) Designation.

(b) Qualifications.

15096. Authorized activities.

(a) In general.

(b) Special rule.

15097. Reporting.

15098. Technical assistance.

(a) In general.

(b) Purpose.

15099. Evaluation.

(a) In general.

(b) Purpose.

15100. Projects of national significance.

(a) Study by the Secretary.

(b) Projects of national significance.

15101. Authorization of appropriations.

(a) In general.

(b) Reservation.

SUBCHAPTER III - PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST

INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

15111. Findings.

15112. Definitions.

15113. Reaching up scholarship program.

(a) Program authorization.

(b) Eligible entity.

(d) Selection criteria.

(e) Federal share.

15114. Staff development curriculum authorization.

(a) Funding.

(b) Application requirements.

15115. Authorization of appropriations.

(a) Scholarships.

(b) Staff development curriculum.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 300a-7, 3013, 14404 of

this title; title 20 section 1444; title 29 section 762, 781, 794e,

3012; title 40 section 14502.

-End-

-CITE-

42 USC SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH

DEVELOPMENTAL DISABILITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

-HEAD-

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 15114 of this title.

-End-

-CITE-

42 USC Part A - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part A - General Provisions

-HEAD-

PART A - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 15001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part A - General Provisions

-HEAD-

Sec. 15001. Findings, purposes, and policy

-STATUTE-

(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 15002 of

this title);

(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 subchapter;

(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;

(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 subchapter 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 subchapter, 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) of this

section; 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 subchapter;

(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;

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 subchapter,

especially dissemination of information that demonstrates that

the network authorized under this part 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) of

this section; and

It is the policy of the United States that all programs,

projects, and activities receiving assistance under this subchapter

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

opportunities to access and use community services,

individualized supports, and other forms of assistance available

to other individuals with developmental disabilities and their

families;

(6) recruitment efforts in disciplines related to developmental

disabilities relating to pre-service training, community

training, practice, administration, and policymaking must focus

on bringing larger numbers of racial and ethnic minorities into

the disciplines in order to provide appropriate skills,

knowledge, role models, and sufficient personnel to address the

growing needs of an increasingly diverse population;

(7) with education and support, communities can be accessible

to and responsive to the needs of individuals with developmental

disabilities and their families and are enriched by full and

active participation in community activities, and contributions,

by individuals with developmental disabilities and their

families;

(8) individuals with developmental disabilities 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,

communities, and States, and the Nation;

(9) efforts undertaken to maintain or expand community-based

living options for individuals with disabilities should be

monitored in order to determine and report to appropriate

individuals and entities the extent of access by individuals with

developmental disabilities to those options and the extent of

compliance by entities providing those options with quality

assurance standards;

(10) families of children with developmental disabilities need

to have access to and use of safe and appropriate child care and

before-school and after-school programs, in the most integrated

settings, in order to enrich the participation of the children in

community life;

(11) individuals with developmental disabilities need to have

access to and use of public transportation, in order to be

independent and directly contribute to and participate in all

facets of community life; and

(12) individuals with developmental disabilities need to have

access to and use of recreational, leisure, and social

opportunities in the most integrated settings, in order to enrich

their participation in community life.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 101, Oct. 30, 2000, 114 Stat.

1678.)

-MISC1-

SHORT TITLE

Pub. L. 106-402, Sec. 1(a), Oct. 30, 2000, 114 Stat. 1677,

provided that: "This Act [see Tables for classification] may be

cited as the 'Developmental Disabilities Assistance and Bill of

Rights Act of 2000'."

Pub. L. 106-402, title II, Sec. 201, Oct. 30, 2000, 114 Stat.

1728, provided that: "This title [enacting subchapter II of this

chapter] may be cited as the 'Families of Children With

Disabilities Support Act of 2000'."

-EXEC-

EX. ORD. NO. 12994. PRESIDENT'S COMMITTEE ON MENTAL RETARDATION

Ex. Ord. No. 12994, Mar. 21, 1996, 61 F.R. 13047, provided:

The President's Committee on Mental Retardation, established by

Executive Order No. 11280 [former 42 U.S.C. note prec. 2661] on May

11, 1966, as superseded by Executive Order No. 11776 on March 28,

1974, has organized national planning, stimulated development of

plans, policies and programs, and advanced the concept of community

participation in the field of mental retardation.

National goals have been established to:

(1) promote full participation of people with mental retardation

in their communities;

(2) provide all necessary supports to people with mental

retardation and their families for such participation;

(3) reduce the occurrence and severity of mental retardation by

one-half by the year 2010;

(4) assure the full citizenship rights of all people with mental

retardation, including those rights secured by such landmark

statutes as the Americans with Disabilities Act of 1990, Public Law

101-336 (42 U.S.C. 12101 et seq.);

(5) recognize the right of all people with mental retardation to

self-determination and autonomy, to be treated in a

nondiscriminatory manner, and to exercise meaningful choice, with

whatever supports are necessary to effectuate these rights;

(6) recognize the right of all people with mental retardation to

enjoy a quality of life that promotes independence,

self-determination, and participation as productive members of

society; and

(7) promote the widest possible dissemination of information on

models, programs, and services in the field of mental retardation.

The achievement of these goals will require the most effective

possible use of public and private resources.

NOW, THEREFORE, by the authority vested in me as President by the

Constitution and the laws of the United States of America,

including the Federal Advisory Committee Act, as amended (5 U.S.C.

App.), it is hereby ordered as follows:

Section 1. Committee Continued and Responsibilities Expanded. The

President's Committee on Mental Retardation (the "Committee"), with

expanded membership and expanded responsibilities, is hereby

continued in operation.

Sec. 2. Composition of Committee. (a) The Committee shall be

composed of the following members:

(1) The Secretary of Health and Human Services;

(2) The Secretary of Education;

(3) The Attorney General;

(4) The Secretary of Labor;

(5) The Secretary of Housing and Urban Development;

(6) The Chief Executive Officer of the Corporation for National

and Community Service (formerly ACTION);

(7) The Commissioner of Social Security;

(8) The Chair of the Equal Employment Opportunity Commission;

(9) The Chairperson of the National Council on Disability;

(10) No more than 21 other members who shall be appointed to the

Committee by the President. These citizen members shall consist of

individuals who represent a broad spectrum of perspectives,

experience, and expertise on mental retardation, and shall include

self-advocates with mental retardation and members of families with

a child or adult with mental retardation, and persons employed in

either the public or the private sector. Except as the President

may from time to time otherwise direct, appointees under this

paragraph shall have two-year terms, except that an appointment

made to fill a vacancy occurring before the expiration of a term

shall be made for the balance of the unexpired term.

(b) The President shall designate the Chair of the Committee from

the 21 citizen members. The Chair shall advise and counsel the

Committee and represent the Committee on appropriate occasions.

Sec. 3. Functions of the Committee. (a) The Committee shall

provide such advice and assistance in the area of mental

retardation as the President or Secretary of Health and Human

Services may request, and particularly shall advise with respect to

the following areas:

(1) evaluating and monitoring the national efforts to establish

appropriate policies and supports for people with mental

retardation;

(2) providing suggestions for improvement in the delivery of

mental retardation services, including preventive services, the

promulgation of effective and humane policies, and the provision of

necessary supports;

(3) identifying the extent to which various Federal and State

programs achieve the national goals in mental retardation described

in the preamble to this order and have a positive impact on the

lives of people with mental retardation;

(4) facilitating liaison among Federal, State, and local

governments, foundations, nonprofit organizations, other private

organizations, and citizens concerning mental retardation;

(5) developing and disseminating such information as will tend to

reduce the incidence and severity of mental retardation; and

(6) promoting the concept of community participation and

development of community supports for citizens with mental

retardation.

(b) The Committee shall make an annual report, through the

Secretary of Health and Human Services, to the President concerning

mental retardation. Such additional reports may be made as the

President may require or as the Committee may deem appropriate.

Sec. 4. Cooperation by Other Agencies. To assist the Committee in

providing advice to the President, Federal departments and agencies

requested to do so by the Committee shall designate liaison

officers to the Committee. Such officers shall, on request by the

Committee, and to the extent permitted by law, provide the

Committee with information on department and agency programs that

do contribute to or could contribute to achievement of the

President's goals in the field of mental retardation.

Sec. 5. Administration. (a) The Department of Health and Human

Services shall, to the extent permitted by law, provide the

Committee with necessary staff, administrative services, and

facilities and funding.

(b) Each member of the Committee, except any member who receives

other compensation from the United States Government, may receive

compensation for each day he or she is engaged in the work of the

Committee, as authorized by law (5 U.S.C. 3109), and may also

receive travel expenses, including per diem in lieu of subsistence,

as authorized by law (5 U.S.C. 5701-5707), for persons employed

intermittently in the Government service. Committee members with

disabilities may be compensated for attendant expenses, consistent

with Government procedures and practices.

other functions with respect to the Committee as may be required by

the provisions of the Federal Advisory Committee Act, as amended (5

U.S.C. App.), except that of reporting to the Congress.

Sec. 6. Construction. Nothing in this order shall be construed as

subjecting any Federal agency, or any function vested by law in, or

assigned pursuant to law to, any Federal agency, to the authority

of the Committee or as abrogating or restricting any such function

in any manner.

Sec. 7. Superseded Authority. Executive Order No. 11776 is hereby

superseded.

William J. Clinton.

EXTENSION OF TERM OF PRESIDENT'S COMMITTEE ON MENTAL RETARDATION

Term of the President's Committee on Mental Retardation extended

until Dec. 31, 1982, by Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R.

1251, formerly set out as a note under section 14 of the Federal

Advisory Committee Act in the Appendix to Title 5, Government

Organization and Employees.

Term of the President's Committee on Mental Retardation extended

until Sept. 30, 1984, by Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R.

379, formerly set out as a note under section 14 of the Federal

Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended

until Sept. 30, 1985, by Ex. Ord. No. 12489, Sept. 28, 1984, 49

F.R. 38927, formerly set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended

until Sept. 30, 1987, by Ex. Ord. No. 12534, Sept. 30, 1985, 50

F.R. 40319, formerly set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended

until Sept. 30, 1989, by Ex. Ord. No. 12610, Sept. 30, 1987, 52

F.R. 36901, formerly set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended

until Sept. 30, 1991, by Ex. Ord. No. 12692, Sept. 29, 1989, 54

F.R. 40627, formerly set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended

until Sept. 30, 1993, by Ex. Ord. No. 12774, Sept. 27, 1991, 56

F.R. 49835, formerly set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended

until Sept. 30, 1995, by Ex. Ord. No. 12869, Sept. 30, 1993, 58

F.R. 51751, formerly set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended

until Sept. 30, 1997, by Ex. Ord. No. 12974, Sept. 29, 1995, 60

F.R. 51875, formerly set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended

until Sept. 30, 1999, by Ex. Ord. No. 13062, Sec. 1(k), Sept. 29,

1997, 62 F.R. 51755, formerly set out as a note under section 14 of

the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended

until Sept. 30, 2001, by Ex. Ord. No. 13138, Sept. 30, 1999, 64

F.R. 53879, formerly set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended

until Sept. 30, 2003, by Ex. Ord. No. 13225, Sept. 28, 2001, 66

F.R. 50291, set out as a note under section 14 of the Federal

Advisory Committee Act in the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15004, 15009, 15021,

15025, 15064, 15114 of this title.

-End-

-CITE-

42 USC Sec. 15002 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part A - General Provisions

-HEAD-

Sec. 15002. Definitions

-STATUTE-

In this subchapter:

(1) American Indian Consortium

The term "American Indian Consortium" means any confederation

of 2 or more recognized American Indian tribes, created through

the official action of each participating tribe, that has a

combined total resident population of 150,000 enrolled tribal

members and a contiguous territory of Indian lands in 2 or more

States.

(2) Areas of emphasis

The term "areas of emphasis" means the areas related to quality

assurance activities, education activities and early intervention

activities, child care-related activities, health-related

activities, employment-related activities, housing-related

activities, transportation-related activities, recreation-related

activities, and other services available or offered to

individuals in a community, including formal and informal

community supports, that affect their quality of life.

(3) Assistive technology device

The term "assistive technology device" means any item, piece of

equipment, or product system, whether acquired commercially,

modified or customized, that is used to increase, maintain, or

improve functional capabilities of individuals with developmental

disabilities.

(4) Assistive technology service

The term "assistive technology service" means any service that

directly assists an individual with a developmental disability in

the selection, acquisition, or use of an assistive technology

device. Such term includes -

(A) conducting an evaluation of the needs of an individual

with a developmental disability, including a functional

evaluation of the individual in the individual's customary

environment;

(B) purchasing, leasing, or otherwise providing for the

acquisition of an assistive technology device by an individual

with a developmental disability;

applying, maintaining, repairing or replacing an assistive

technology device;

(D) coordinating and using another therapy, intervention, or

service with an assistive technology device, such as a therapy,

intervention, or service associated with an education or

rehabilitation plan or program;

(E) providing training or technical assistance for an

individual with a developmental disability, or, where

appropriate, a family member, guardian, advocate, or authorized

representative of an individual with a developmental

disability; and

(F) providing training or technical assistance for

professionals (including individuals providing education and

rehabilitation services), employers, or other individuals who

provide services to, employ, or are otherwise substantially

involved in the major life functions of, an individual with

developmental disabilities.

(5) Center

The term "Center" means a University Center for Excellence in

Developmental Disabilities Education, Research, and Service

established under part D of this subchapter.

(6) Child care-related activities

The term "child care-related activities" means advocacy,

capacity building, and systemic change activities that result in

families of children with developmental disabilities having

access to and use of child care services, including

before-school, after-school, and out-of-school services, in their

communities.

(7) Culturally competent

The term "culturally competent", used with respect to services,

supports, or other assistance, means services, supports, or other

assistance that is conducted or provided in a manner that is

responsive to the beliefs, interpersonal styles, attitudes,

language, and behaviors of individuals who are receiving the

services, supports, or other assistance, and in a manner that has

the greatest likelihood of ensuring their maximum participation

in the program involved.

(8) Developmental disability

(A) In general

The term "developmental disability" means a severe, chronic

disability of an individual that -

(i) is attributable to a mental or physical impairment or

combination of mental and physical impairments;

(ii) is manifested before the individual attains age 22;

(iii) is likely to continue indefinitely;

(iv) results in substantial functional limitations in 3 or

more of the following areas of major life activity:

(I) Self-care.

(II) Receptive and expressive language.

(III) Learning.

(IV) Mobility.

(V) Self-direction.

(VI) Capacity for independent living.

(VII) Economic self-sufficiency; and

(v) reflects the individual's need for a combination and

sequence of special, interdisciplinary, or generic services,

individualized supports, or other forms of assistance that

are of lifelong or extended duration and are individually

planned and coordinated.

(B) Infants and young children

An individual from birth to age 9, inclusive, who has a

substantial developmental delay or specific congenital or

acquired condition, may be considered to have a developmental

disability without meeting 3 or more of the criteria described

in clauses (i) through (v) of subparagraph (A) if the

individual, without services and supports, has a high

probability of meeting those criteria later in life.

(9) Early intervention activities

The term "early intervention activities" means advocacy,

capacity building, and systemic change activities provided to

individuals described in paragraph (8)(B) and their families to

enhance -

(A) the development of the individuals to maximize their

potential; and

(B) the capacity of families to meet the special needs of the

individuals.

(10) Education activities

The term "education activities" means advocacy, capacity

building, and systemic change activities that result in

individuals with developmental disabilities being able to access

appropriate supports and modifications when necessary, to

maximize their educational potential, to benefit from lifelong

educational activities, and to be integrated and included in all

facets of student life.

(11) Employment-related activities

The term "employment-related activities" means advocacy,

capacity building, and systemic change activities that result in

individuals with developmental disabilities acquiring, retaining,

or advancing in paid employment, including supported employment

or self-employment, in integrated settings in a community.

(12) Family support services

(A) In general

The term "family support services" means services, supports,

and other assistance, provided to families with members who

have developmental disabilities, that are designed to -

(i) strengthen the family's role as primary caregiver;

(ii) prevent inappropriate out-of-the-home placement of the

members and maintain family unity; and

(iii) reunite families with members who have been placed

out of the home whenever possible.

(B) Specific services

Such term includes respite care, provision of rehabilitation

technology and assistive technology, personal assistance

services, parent training and counseling, support for families

headed by aging caregivers, vehicular and home modifications,

and assistance with extraordinary expenses, associated with the

needs of individuals with developmental disabilities.

(13) Health-related activities

The term "health-related activities" means advocacy, capacity

building, and systemic change activities that result in

individuals with developmental disabilities having access to and

use of coordinated health, dental, mental health, and other human

and social services, including prevention activities, in their

communities.

(14) Housing-related activities

The term "housing-related activities" means advocacy, capacity

building, and systemic change activities that result in

individuals with developmental disabilities having access to and

use of housing and housing supports and services in their

communities, including assistance related to renting, owning, or

modifying an apartment or home.

(15) Inclusion

The term "inclusion", used with respect to individuals with

developmental disabilities, means the acceptance and

encouragement of the presence and participation of individuals

with developmental disabilities, by individuals without

disabilities, in social, educational, work, and community

activities, that enables individuals with developmental

disabilities to -

(A) have friendships and relationships with individuals and

families of their own choice;

(B) live in homes close to community resources, with regular

contact with individuals without disabilities in their

communities;

community activities and types of employment as individuals

without disabilities; and

(D) take full advantage of their integration into the same

community resources as individuals without disabilities,

living, learning, working, and enjoying life in regular contact

with individuals without disabilities.

(16) Individualized supports

The term "individualized supports" means supports that -

(A) enable an individual with a developmental disability to

exercise self-determination, be independent, be productive, and

be integrated and included in all facets of community life;

(B) are designed to -

(i) enable such individual to control such individual's

environment, permitting the most independent life possible;

(ii) prevent placement into a more restrictive living

arrangement than is necessary; and

(iii) enable such individual to live, learn, work, and

enjoy life in the community; and

(i) early intervention services;

(ii) respite care;

(iii) personal assistance services;

(iv) family support services;

(v) supported employment services;

(vi) support services for families headed by aging

caregivers of individuals with developmental disabilities;

and

(vii) provision of rehabilitation technology and assistive

technology, and assistive technology services.

(17) Integration

The term "integration", used with respect to individuals with

developmental disabilities, means exercising the equal right of

individuals with developmental disabilities to access and use the

same community resources as are used by and available to other

individuals.

(18) Not-for-profit

The term "not-for-profit", used with respect to an agency,

institution, or organization, means an agency, institution, or

organization that is owned or operated by 1 or more corporations

or associations, no part of the net earnings of which inures, or

may lawfully inure, to the benefit of any private shareholder or

individual.

(19) Personal assistance services

The term "personal assistance services" means a range of

services, provided by 1 or more individuals, designed to assist

an individual with a disability to perform daily activities,

including activities on or off a job that such individual would

typically perform if such individual did not have a disability.

Such services shall be designed to increase such individual's

control in life and ability to perform everyday activities,

including activities on or off a job.

(20) Prevention activities

The term "prevention activities" means activities that address

the causes of developmental disabilities and the exacerbation of

functional limitation, such as activities that -

(A) eliminate or reduce the factors that cause or predispose

individuals to developmental disabilities or that increase the

prevalence of developmental disabilities;

(B) increase the early identification of problems to

eliminate circumstances that create or increase functional

limitations; and

disabilities throughout the lifespan of an individual.

(21) Productivity

The term "productivity" means -

(A) engagement in income-producing work that is measured by

increased income, improved employment status, or job

advancement; or

(B) engagement in work that contributes to a household or

community.

(22) Protection and advocacy system

The term "protection and advocacy system" means a protection

and advocacy system established in accordance with section 15043

of this title.

(23) Quality assurance activities

The term "quality assurance activities" means advocacy,

capacity building, and systemic change activities that result in

improved consumer- and family-centered quality assurance and that

result in systems of quality assurance and consumer protection

that -

(A) include monitoring of services, supports, and assistance

provided to an individual with developmental disabilities that

ensures that the individual -

(i) will not experience abuse, neglect, sexual or financial

exploitation, or violation of legal or human rights; and

(ii) will not be subject to the inappropriate use of

restraints or seclusion;

(B) include training in leadership, self-advocacy, and

self-determination for individuals with developmental

disabilities, their families, and their guardians to ensure

that those individuals -

(i) will not experience abuse, neglect, sexual or financial

exploitation, or violation of legal or human rights; and

(ii) will not be subject to the inappropriate use of

restraints or seclusion; or

and systems integration that result in improved and enhanced

services, supports, and other assistance that contribute to and

protect the self-determination, independence, productivity, and

integration and inclusion in all facets of community life, of

individuals with developmental disabilities.

(24) Recreation-related activities

The term "recreation-related activities" means advocacy,

capacity building, and systemic change activities that result in

individuals with developmental disabilities having access to and

use of recreational, leisure, and social activities, in their

communities.

(25) Rehabilitation technology

The term "rehabilitation technology" means the systematic

application of technologies, engineering methodologies, or

scientific principles to meet the needs of, and address the

barriers confronted by, individuals with developmental

disabilities in areas that include education, rehabilitation,

employment, transportation, independent living, and recreation.

Such term includes rehabilitation engineering, and the provision

of assistive technology devices and assistive technology

services.

(26) Secretary

The term "Secretary" means the Secretary of Health and Human

Services.

(27) Self-determination activities

The term "self-determination activities" means activities that

result in individuals with developmental disabilities, with

appropriate assistance, having -

(A) the ability and opportunity to communicate and make

personal decisions;

(B) the ability and opportunity to communicate choices and

exercise control over the type and intensity of services,

supports, and other assistance the individuals receive;

services, supports, and other assistance;

(D) opportunities to participate in, and contribute to, their

communities; and

(E) support, including financial support, to advocate for

themselves and others, to develop leadership skills, through

training in self-advocacy, to participate in coalitions, to

educate policymakers, and to play a role in the development of

public policies that affect individuals with developmental

disabilities.

(28) State

The term "State", except as otherwise provided, includes, in

addition to each of the several States of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, the United

States Virgin Islands, Guam, American Samoa, and the Commonwealth

of the Northern Mariana Islands.

(29) State Council on Developmental Disabilities

The term "State Council on Developmental Disabilities" means a

Council established under section 15025 of this title.

(30) Supported employment services

The term "supported employment services" means services that

enable individuals with developmental disabilities to perform

competitive work in integrated work settings, in the case of

individuals with developmental disabilities -

(A)(i) for whom competitive employment has not traditionally

occurred; or

(ii) for whom competitive employment has been interrupted or

intermittent as a result of significant disabilities; and

(B) who, because of the nature and severity of their

disabilities, need intensive supported employment services or

extended services in order to perform such work.

(31) Transportation-related activities

The term "transportation-related activities" means advocacy,

capacity building, and systemic change activities that result in

individuals with developmental disabilities having access to and

use of transportation.

(32) Unserved and underserved

The term "unserved and underserved" includes populations such

as individuals from racial and ethnic minority backgrounds,

disadvantaged individuals, individuals with limited English

proficiency, individuals from underserved geographic areas (rural

or urban), and specific groups of individuals within the

population of individuals with developmental disabilities,

including individuals who require assistive technology in order

to participate in and contribute to community life.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 102, Oct. 30, 2000, 114 Stat.

1682.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1437a, 1471, 8013, 9877,

11382, 15001, 15112, 15461 of this title; title 25 section 4103;

title 29 section 794e.

-End-

-CITE-

42 USC Sec. 15003 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part A - General Provisions

-HEAD-

Sec. 15003. Records and audits

-STATUTE-

(a) Records

Each recipient of assistance under this subchapter shall keep

such records as the Secretary shall prescribe, including -

(1) records that fully disclose -

(A) the amount and disposition by such recipient of the

assistance;

(B) the total cost of the project or undertaking in

connection with which such assistance is given or used; and

undertaking that is supplied by other sources; and

(2) such other records as will facilitate an effective audit.

(b) Access

The Secretary and the Comptroller General of the United States,

or any of their duly authorized representatives, shall have access

for the purpose of audit and examination to any books, documents,

papers, and records of the recipients of assistance under this

subchapter that are pertinent to such assistance.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 103, Oct. 30, 2000, 114 Stat.

1688.)

-End-

-CITE-

42 USC Sec. 15004 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part A - General Provisions

-HEAD-

Sec. 15004. Responsibilities of the Secretary

-STATUTE-

(a) Program accountability

(1) In general

In order to monitor entities that received funds under this

chapter to carry out activities under parts B, C, and D of this

subchapter and determine the extent to which the entities have

been responsive to the purpose of this subchapter and have taken

actions consistent with the policy described in section 15001(c)

of this title, the Secretary shall develop and implement an

accountability process as described in this subsection, with

respect to activities conducted after October 1, 2001.

(2) Areas of emphasis

The Secretary shall develop a process for identifying and

reporting (pursuant to section 15005 of this title) on progress

achieved through advocacy, capacity building, and systemic change

activities, undertaken by the entities described in paragraph

(1), that resulted in individuals with developmental disabilities

and their families participating in the design of and having

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. Specifically, the Secretary shall

develop a process for identifying and reporting on progress

achieved, through advocacy, capacity building, and systemic

change activities, by the entities in the areas of emphasis.

(3) Indicators of progress

(A) In general

In identifying progress made by the entities described in

paragraph (1) in the areas of emphasis, the Secretary, in

consultation with the Commissioner of the Administration on

Developmental Disabilities and the entities, shall develop

indicators for each area of emphasis.

(B) Proposed indicators

Not later than 180 days after October 30, 2000, the Secretary

shall develop and publish in the Federal Register for public

comment proposed indicators of progress for monitoring how

entities described in paragraph (1) have addressed the areas of

emphasis described in paragraph (2) in a manner that is

responsive to the purpose of this subchapter and consistent

with the policy described in section 15001(c) of this title.

Not later than October 1, 2001, the Secretary shall revise

the proposed indicators of progress, to the extent necessary

based on public comment, and publish final indicators of

progress in the Federal Register.

(D) Specific measures

At a minimum, the indicators of progress shall be used to

describe and measure -

(i) the satisfaction of individuals with developmental

disabilities with the advocacy, capacity building, and

systemic change activities provided under parts B, C, and D

of this subchapter;

(ii) the extent to which the advocacy, capacity building,

and systemic change activities provided through parts B, C,

and D of this subchapter result in improvements in -

(I) the ability of individuals with developmental

disabilities to make choices and exert control over the

type, intensity, and timing of services, supports, and

assistance that the individuals have used;

(II) the ability of individuals with developmental

disabilities to participate in the full range of community

life with persons of the individuals' choice; and

(III) the ability of individuals with developmental

disabilities to access services, supports, and assistance

in a manner that ensures that such an individual is free

from abuse, neglect, sexual and financial exploitation,

violation of legal and human rights, and the inappropriate

use of restraints and seclusion; and

(iii) the extent to which the entities described in

paragraph (1) collaborate with each other to achieve the

purpose of this subchapter and the policy described in

section 15001(c) of this title.

(4) Time line for compliance with indicators of progress

The Secretary shall require entities described in paragraph (1)

to meet the indicators of progress described in paragraph (3).

For fiscal year 2002 and each year thereafter, the Secretary

shall apply the indicators in monitoring entities described in

paragraph (1), with respect to activities conducted after October

1, 2001.

(b) Time line for regulations

Except as otherwise expressly provided in this subchapter, the

Secretary, not later than 1 year after October 30, 2000, shall

promulgate such regulations as may be required for the

implementation of this subchapter.

(1) In general

The Secretary shall maintain the interagency committee

authorized in section 6007 of this title as in effect on the day

before October 30, 2000, except as otherwise provided in this

subsection.

(2) Composition

The interagency committee shall be composed of representatives

of -

(A) the Administration on Developmental Disabilities, the

Administration on Children, Youth, and Families, the

Administration on Aging, and the Health Resources and Services

Administration, of the Department of Health and Human Services;

and

(B) such other Federal departments and agencies as the

Secretary of Health and Human Services considers to be

appropriate.

(3) Duties

Such interagency committee shall meet regularly to coordinate

and plan activities conducted by Federal departments and agencies

for individuals with developmental disabilities.

(4) Meetings

Each meeting of the interagency committee (except for any

meetings of any subcommittees of the committee) shall be open to

the public. Notice of each meeting, and a statement of the agenda

for the meeting, shall be published in the Federal Register not

later than 14 days before the date on which the meeting is to

occur.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 104, Oct. 30, 2000, 114 Stat.

1688.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(1), was in the original

"this Act", meaning Pub. L. 106-402, Oct. 30, 2000, 114 Stat. 1677,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 15001 of this title and Tables.

Section 6007 of this title, referred to in subsec. (c)(1), was

repealed by Pub. L. 106-402, title IV, Sec. 401(a), Oct. 30, 2000,

114 Stat. 1737.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15024, 15025, 15026,

15064 of this title.

-End-

-CITE-

42 USC Sec. 15005 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part A - General Provisions

-HEAD-

Sec. 15005. Reports of the Secretary

-STATUTE-

At least once every 2 years, the Secretary, using information

submitted in the reports and information required under parts B, C,

D, and E of this subchapter, shall prepare and submit to the

President, Congress, and the National Council on Disability, a

report that describes the goals and outcomes of programs supported

under parts B, C, D, and E of this subchapter. In preparing the

report, the Secretary shall provide -

(1) meaningful examples of how the councils, protection and

advocacy systems, centers, and entities funded under parts B, C,

D, and E of this subchapter, respectively -

(A) have undertaken coordinated activities with each other;

(B) have enhanced the ability of individuals with

developmental disabilities and their families to 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;

systemic change activities (including policy reform), and other

actions on behalf of individuals with developmental

disabilities and their families, including individuals who are

traditionally unserved or underserved, particularly individuals

who are members of ethnic and racial minority groups and

individuals from underserved geographic areas; and

(D) have brought about advocacy, capacity building, and

systemic change activities that affect individuals with

disabilities other than individuals with developmental

disabilities;

(2) information on the extent to which programs authorized

under this subchapter have addressed -

(A) protecting individuals with developmental disabilities

from abuse, neglect, sexual and financial exploitation, and

violations of legal and human rights, so that those individuals

are at no greater risk of harm than other persons in the

general population; and

(B) reports of deaths of and serious injuries to individuals

with developmental disabilities; and

(3) a summary of any incidents of noncompliance of the programs

authorized under this subchapter with the provisions of this

subchapter, and corrections made or actions taken to obtain

compliance.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 105, Oct. 30, 2000, 114 Stat.

1690.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10824, 15004 of this

title.

-End-

-CITE-

42 USC Sec. 15006 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part A - General Provisions

-HEAD-

Sec. 15006. State control of operations

-STATUTE-

Except as otherwise specifically provided, nothing in this

subchapter shall be construed as conferring on any Federal officer

or employee the right to exercise any supervision or control over

the administration, personnel, maintenance, or operation of any

programs, services, and supports for individuals with developmental

disabilities with respect to which any funds have been or may be

expended under this subchapter.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 106, Oct. 30, 2000, 114 Stat.

1691.)

-End-

-CITE-

42 USC Sec. 15007 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part A - General Provisions

-HEAD-

Sec. 15007. Employment of individuals with disabilities

-STATUTE-

As a condition of providing assistance under this subchapter, the

Secretary shall require that each recipient of such assistance take

affirmative action to employ and advance in employment qualified

individuals with disabilities on the same terms and conditions

required with respect to the employment of such individuals under

the provisions of title V of the Rehabilitation Act of 1973 (29

U.S.C. 791 et seq.) and the Americans with Disabilities Act of 1990

(42 U.S.C. 12101 et seq.), that govern employment.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 107, Oct. 30, 2000, 114 Stat.

1691.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in text, is Pub. L.

93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title V of the

Act is classified generally to subchapter V (Sec. 790 et seq.) of

chapter 16 of Title 29, Labor. For complete classification of this

Act to the Code, see Short Title note set out under section 701 of

Title 29 and Tables.

The Americans with Disabilities Act of 1990, referred to in text,

is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended, which

is classified principally to chapter 126 (Sec. 12101 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 12101 of this title and

Tables.

-End-

-CITE-

42 USC Sec. 15008 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part A - General Provisions

-HEAD-

Sec. 15008. Construction

-STATUTE-

Nothing in this subchapter shall be construed to preclude an

entity funded under this subchapter from engaging in advocacy,

capacity building, and systemic change activities for individuals

with developmental disabilities that may also have a positive

impact on individuals with other disabilities.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 108, Oct. 30, 2000, 114 Stat.

1692.)

-End-

-CITE-

42 USC Sec. 15009 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part A - General Provisions

-HEAD-

Sec. 15009. Rights of individuals with developmental disabilities

-STATUTE-

(a) In general

Congress makes the following findings respecting the rights of

individuals with developmental disabilities:

(1) Individuals with developmental disabilities have a right to

appropriate treatment, services, and habilitation for such

disabilities, consistent with section 15001(c) of this title.

(2) The treatment, services, and habitation (!1) for an

individual with developmental disabilities should be designed to

maximize the potential of the individual and should be provided

in the setting that is least restrictive of the individual's

personal liberty.

(3) The Federal Government and the States both have an

obligation to ensure that public funds are provided only to

institutional programs, residential programs, and other community

programs, including educational programs in which individuals

with developmental disabilities participate, that -

(A) provide treatment, services, and habilitation that are

appropriate to the needs of such individuals; and

(B) meet minimum standards relating to -

(i) provision of care that is free of abuse, neglect,

sexual and financial exploitation, and violations of legal

and human rights and that subjects individuals with

developmental disabilities to no greater risk of harm than

others in the general population;

(ii) provision to such individuals of appropriate and

sufficient medical and dental services;

(iii) prohibition of the use of physical restraint and

seclusion for such an individual unless absolutely necessary

to ensure the immediate physical safety of the individual or

others, and prohibition of the use of such restraint and

seclusion as a punishment or as a substitute for a

habilitation program;

(iv) prohibition of the excessive use of chemical

restraints on such individuals and the use of such restraints

as punishment or as a substitute for a habilitation program

or in quantities that interfere with services, treatment, or

habilitation for such individuals; and

(v) provision for close relatives or guardians of such

individuals to visit the individuals without prior notice.

(4) All programs for individuals with developmental

disabilities should meet standards -

(A) that are designed to assure the most favorable possible

outcome for those served; and

(B)(i) in the case of residential programs serving

individuals in need of comprehensive health-related,

habilitative, assistive technology or rehabilitative services,

that are at least equivalent to those standards applicable to

intermediate care facilities for the mentally retarded,

promulgated in regulations of the Secretary on June 3, 1988, as

appropriate, taking into account the size of the institutions

and the service delivery arrangements of the facilities of the

programs;

(ii) in the case of other residential programs for

individuals with developmental disabilities, that assure that -

(I) care is appropriate to the needs of the individuals

being served by such programs;

(II) the individuals admitted to facilities of such

programs are individuals whose needs can be met through

services provided by such facilities; and

(III) the facilities of such programs provide for the

humane care of the residents of the facilities, are sanitary,

and protect their rights; and

(iii) in the case of nonresidential programs, that assure

that the care provided by such programs is appropriate to the

individuals served by the programs.

(b) Clarification

The rights of individuals with developmental disabilities

described in findings made in this section shall be considered to

be in addition to any constitutional or other rights otherwise

afforded to all individuals.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 109, Oct. 30, 2000, 114 Stat.

1692.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15024, 15114 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "habilitation".

-End-

-CITE-

42 USC Part B - Federal Assistance to State Councils on

Developmental Disabilities 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part B - Federal Assistance to State Councils on Developmental

Disabilities

-HEAD-

PART B - FEDERAL ASSISTANCE TO STATE COUNCILS ON DEVELOPMENTAL

DISABILITIES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 14403, 15004, 15005, 15043,

15081, 15083 of this title.

-End-

-CITE-

42 USC Sec. 15021 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part B - Federal Assistance to State Councils on Developmental

Disabilities

-HEAD-

Sec. 15021. Purpose

-STATUTE-

The purpose of this part is to provide for allotments to support

State Councils on Developmental Disabilities (referred to

individually in this part as a "Council") in each State to -

(1) engage in advocacy, capacity building, and systemic change

activities that are consistent with the purpose described in

section 15001(b) of this title and the policy described in

section 15001(c) of this title; and

(2) contribute to a coordinated, consumer- and family-centered,

consumer- and family-directed, comprehensive system of community

services, individualized supports, and other forms of assistance

that enable individuals with developmental disabilities to

exercise self-determination, be independent, be productive, and

be integrated and included in all facets of community life.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 121, Oct. 30, 2000, 114 Stat.

1693.)

-End-

-CITE-

42 USC Sec. 15022 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part B - Federal Assistance to State Councils on Developmental

Disabilities

-HEAD-

Sec. 15022. State allotments

-STATUTE-

(a) Allotments

(1) In general

(A) Authority

For each fiscal year, the Secretary shall, in accordance with

regulations and this paragraph, allot the sums appropriated for

such year under section 15029 of this title among the States on

the basis of -

(i) the population;

(ii) the extent of need for services for individuals with

developmental disabilities; and

(iii) the financial need,

of the respective States.

(B) Use of funds

Sums allotted to the States under this section shall be used

to pay for the Federal share of the cost of carrying out

projects in accordance with State plans approved under section

15024 of this title for the provision under such plans of

services for individuals with developmental disabilities.

(2) Adjustments

The Secretary may make adjustments in the amounts of State

allotments based on clauses (i), (ii), and (iii) of paragraph

(1)(A) not more often than annually. The Secretary shall notify

each State of any adjustment made under this paragraph and the

percentage of the total sums appropriated under section 15029 of

this title that the adjusted allotment represents not later than

6 months before the beginning of the fiscal year in which such

adjustment is to take effect.

(3) Minimum allotment for appropriations less than or equal to

$70,000,000

(A) In general

Except as provided in paragraph (4), for any fiscal year the

allotment under this section -

(i) to each of American Samoa, Guam, the United States

Virgin Islands, or the Commonwealth of the Northern Mariana

Islands may not be less than $210,000; and

(ii) to any State not described in clause (i) may not be

less than $400,000.

(B) Reduction of allotment

Notwithstanding subparagraph (A), if the aggregate of the

amounts to be allotted to the States pursuant to subparagraph

(A) for any fiscal year exceeds the total amount appropriated

under section 15029 of this title for such fiscal year, the

amount to be allotted to each State for such fiscal year shall

be proportionately reduced.

(4) Minimum allotment for appropriations in excess of $70,000,000

(A) In general

In any case in which the total amount appropriated under

section 15029 of this title for a fiscal year is more than

$70,000,000, the allotment under this section for such fiscal

year -

(i) to each of American Samoa, Guam, the United States

Virgin Islands, or the Commonwealth of the Northern Mariana

Islands may not be less than $220,000; and

(ii) to any State not described in clause (i) may not be

less than $450,000.

(B) Reduction of allotment

The requirements of paragraph (3)(B) shall apply with respect

to amounts to be allotted to States under subparagraph (A), in

the same manner and to the same extent as such requirements

apply with respect to amounts to be allotted to States under

paragraph (3)(A).

(5) State supports, services, and other activities

In determining, for purposes of paragraph (1)(A)(ii), the

extent of need in any State for services for individuals with

developmental disabilities, the Secretary shall take into account

the scope and extent of the services, supports, and assistance

described, pursuant to section 15024(c)(3)(A) of this title, in

the State plan of the State.

(6) Increase in allotments

In any year in which the total amount appropriated under

section 15029 of this title for a fiscal year exceeds the total

amount appropriated under such section (or a corresponding

provision) for the preceding fiscal year by a percentage greater

than the most recent percentage change in the Consumer Price

Index published by the Secretary of Labor under section 720(c)(1)

of title 29 (if the percentage change indicates an increase), the

Secretary shall increase each of the minimum allotments described

in paragraphs (3) and (4). The Secretary shall increase each

minimum allotment by an amount that bears the same ratio to the

amount of such minimum allotment (including any increases in such

minimum allotment under this paragraph (or a corresponding

provision) for prior fiscal years) as the amount that is equal to

the difference between -

(A) the total amount appropriated under section 15029 of this

title for the fiscal year for which the increase in the minimum

allotment is being made; minus

(B) the total amount appropriated under section 15029 of this

title (or a corresponding provision) for the immediately

preceding fiscal year,

bears to the total amount appropriated under section 15029 of

this title (or a corresponding provision) for such preceding

fiscal year.

(b) Unobligated funds

Any amount paid to a State for a fiscal year and remaining

unobligated at the end of such year shall remain available to such

State for the next fiscal year for the purposes for which such

amount was paid.

For the purposes of this part, State Interagency Agreements are

considered valid obligations for the purpose of obligating Federal

funds allotted to the State under this part.

(d) Cooperative efforts between States

If a State plan approved in accordance with section 15024 of this

title provides for cooperative or joint effort between or among

States or agencies, public or private, in more than 1 State,

portions of funds allotted to 1 or more States described in this

subsection may be combined in accordance with the agreements

between the States or agencies involved.

(e) Reallotments

(1) In general

If the Secretary determines that an amount of an allotment to a

State for a period (of a fiscal year or longer) will not be

required by the State during the period for the purpose for which

the allotment was made, the Secretary may reallot the amount.

(2) Timing

The Secretary may make such a reallotment from time to time, on

such date as the Secretary may fix, but not earlier than 30 days

after the Secretary has published notice of the intention of the

Secretary to make the reallotment in the Federal Register.

(3) Amounts

The Secretary shall reallot the amount to other States with

respect to which the Secretary has not made that determination.

The Secretary shall reallot the amount in proportion to the

original allotments of the other States for such fiscal year, but

shall reduce such proportionate amount for any of the other

States to the extent the proportionate amount exceeds the sum

that the Secretary estimates the State needs and will be able to

use during such period.

(4) Reallotment of reductions

The Secretary shall similarly reallot the total of the

reductions among the States whose proportionate amounts were not

so reduced.

(5) Treatment

Any amount reallotted to a State under this subsection for a

fiscal year shall be deemed to be a part of the allotment of the

State under subsection (a) of this section for such fiscal year.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 122, Oct. 30, 2000, 114 Stat.

1693.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15023, 15024, 15026,

15027, 15029, 15042 of this title.

-End-

-CITE-

42 USC Sec. 15023 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part B - Federal Assistance to State Councils on Developmental

Disabilities

-HEAD-

Sec. 15023. Payments to the States for planning, administration,

and services

-STATUTE-

(a) State plan expenditures

From each State's allotments for a fiscal year under section

15022 of this title, the Secretary shall pay to the State the

Federal share of the cost, other than the cost for construction,

incurred during such year for activities carried out under the

State plan approved under section 15024 of this title. The

Secretary shall make such payments from time to time in advance on

the basis of estimates by the Secretary of the sums the State will

expend for the cost under the State plan. The Secretary shall make

such adjustments as may be necessary to the payments on account of

previously made underpayments or overpayments under this section.

(b) Designated State agency expenditures

The Secretary may make payments to a State for the portion

described in section 15024(c)(5)(B)(vi) of this title in advance or

by way of reimbursement, and in such installments as the Secretary

may determine.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 123, Oct. 30, 2000, 114 Stat.

1696.)

-End-

-CITE-

42 USC Sec. 15024 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part B - Federal Assistance to State Councils on Developmental

Disabilities

-HEAD-

Sec. 15024. State plan

-STATUTE-

(a) In general

Any State desiring to receive assistance under this part shall

submit to the Secretary, and obtain approval of, a 5-year strategic

State plan under this section.

(b) Planning cycle

The plan described in subsection (a) of this section shall be

updated as appropriate during the 5-year period.

In order to be approved by the Secretary under this section, a

State plan shall meet each of the following requirements:

(1) State Council

The plan shall provide for the establishment and maintenance of

a Council in accordance with section 15025 of this title and

describe the membership of such Council.

(2) Designated State agency

The plan shall identify the agency or office within the State

designated to support the Council in accordance with this section

and section 15025(d) of this title (referred to in this part as a

"designated State agency").

(3) Comprehensive review and analysis

The plan shall describe the results of a comprehensive review

and analysis of the extent to which services, supports, and other

assistance are available to individuals with developmental

disabilities and their families, and the extent of unmet needs

for services, supports, and other assistance for those

individuals and their families, in the State. The results of the

comprehensive review and analysis shall include -

(A) a description of the services, supports, and other

assistance being provided to individuals with developmental

disabilities and their families under other federally assisted

State programs, plans, and policies under which the State

operates and in which individuals with developmental

disabilities are or may be eligible to participate, including

particularly programs relating to the areas of emphasis,

including -

(i) medical assistance, maternal and child health care,

services for children with special health care needs,

children's mental health services, comprehensive health and

mental health services, and institutional care options;

(ii) job training, job placement, worksite accommodation,

and vocational rehabilitation, and other work assistance

programs; and

(iii) social, child welfare, aging, independent living, and

rehabilitation and assistive technology services, and such

other services as the Secretary may specify;

(B) a description of the extent to which agencies operating

such other federally assisted State programs, including

activities authorized under section 3011 or 3012 of title 29,

pursue interagency initiatives to improve and enhance community

services, individualized supports, and other forms of

assistance for individuals with developmental disabilities;

opportunities related to the areas of emphasis directly benefit

individuals with developmental disabilities, especially with

regard to their ability to access and use services provided in

their communities, to participate in opportunities, activities,

and events offered in their communities, and to contribute to

community life, identifying particularly -

(i) the degree of support for individuals with

developmental disabilities that are attributable to either

physical impairment, mental impairment, or a combination of

physical and mental impairments;

(ii) criteria for eligibility for services, including

specialized services and special adaptation of generic

services provided by agencies within the State, that may

exclude individuals with developmental disabilities from

receiving services described in this clause;

(iii) the barriers that impede full participation of

members of unserved and underserved groups of individuals

with developmental disabilities and their families;

(iv) the availability of assistive technology, assistive

technology services, or rehabilitation technology, or

information about assistive technology, assistive technology

services, or rehabilitation technology to individuals with

developmental disabilities;

(v) the numbers of individuals with developmental

disabilities on waiting lists for services described in this

subparagraph;

(vi) a description of the adequacy of current resources and

projected availability of future resources to fund services

described in this subparagraph;

(vii) a description of the adequacy of health care and

other services, supports, and assistance that individuals

with developmental disabilities who are in facilities receive

(based in part on each independent review (pursuant to

section 1396a(a)(30)(C) of this title) of an Intermediate

Care Facility (Mental Retardation) within the State, which

the State shall provide to the Council not later than 30 days

after the availability of the review); and

(viii) to the extent that information is available, a

description of the adequacy of health care and other

services, supports, and assistance that individuals with

developmental disabilities who are served through home and

community-based waivers (authorized under section 1396n(c) of

this title) receive;

(D) a description of how entities funded under parts C and D

of this subchapter, through interagency agreements or other

mechanisms, collaborated with the entity funded under this part

in the State, each other, and other entities to contribute to

the achievement of the purpose of this part; and

(E) the rationale for the goals related to advocacy, capacity

building, and systemic change to be undertaken by the Council

to contribute to the achievement of the purpose of this part.

(4) Plan goals

The plan shall focus on Council efforts to bring about the

purpose of this part, by -

(A) specifying 5-year goals, as developed through data driven

strategic planning, for advocacy, capacity building, and

systemic change related to the areas of emphasis, to be

undertaken by the Council, that -

(i) are derived from the unmet needs of individuals with

developmental disabilities and their families identified

under paragraph (3); and

(ii) include a goal, for each year of the grant, to -

(I) establish or strengthen a program for the direct

funding of a State self-advocacy organization led by

individuals with developmental disabilities;

(II) support opportunities for individuals with

developmental disabilities who are considered leaders to

provide leadership training to individuals with

developmental disabilities who may become leaders; and

(III) support and expand participation of individuals

with developmental disabilities in cross-disability and

culturally diverse leadership coalitions; and

(B) for each year of the grant, describing -

(i) the goals to be achieved through the grant, which,

beginning in fiscal year 2002, shall be consistent with

applicable indicators of progress described in section

15004(a)(3) of this title;

(ii) the strategies to be used in achieving each goal; and

(iii) the method to be used to determine if each goal has

been achieved.

(5) Assurances

(A) In general

The plan shall contain or be supported by assurances and

information described in subparagraphs (B) through (N) that are

satisfactory to the Secretary.

(B) Use of funds

With respect to the funds paid to the State under section

15022 of this title, the plan shall provide assurances that -

(i) not less than 70 percent of such funds will be expended

for activities related to the goals described in paragraph

(4);

(ii) such funds will contribute to the achievement of the

purpose of this part in various political subdivisions of the

State;

(iii) such funds will be used to supplement, and not

supplant, the non-Federal funds that would otherwise be made

available for the purposes for which the funds paid under

section 15022 of this title are provided;

(iv) such funds will be used to complement and augment

rather than duplicate or replace services for individuals

with developmental disabilities and their families who are

eligible for Federal assistance under other State programs;

(v) part of such funds will be made available by the State

to public or private entities;

(vi) at the request of any State, a portion of such funds

provided to such State under this part for any fiscal year

shall be available to pay up to 1/2 (or the entire amount

if the Council is the designated State agency) of the

expenditures found to be necessary by the Secretary for the

proper and efficient exercise of the functions of the

designated State agency, except that not more than 5 percent

of such funds provided to such State for any fiscal year, or

$50,000, whichever is less, shall be made available for total

expenditures for such purpose by the designated State agency;

and

(vii) not more than 20 percent of such funds will be

allocated to the designated State agency for service

demonstrations by such agency that -

(I) contribute to the achievement of the purpose of this

part; and

(II) are explicitly authorized by the Council.

The plan shall provide assurances that there will be

reasonable State financial participation in the cost of

carrying out the plan.

(D) Conflict of interest

The plan shall provide an assurance that no member of such

Council will cast a vote on any matter that would provide

direct financial benefit to the member or otherwise give the

appearance of a conflict of interest.

(E) Urban and rural poverty areas

The plan shall provide assurances that special financial and

technical assistance will be given to organizations that

provide community services, individualized supports, and other

forms of assistance to individuals with developmental

disabilities who live in areas designated as urban or rural

poverty areas.

(F) Program accessibility standards

The plan shall provide assurances that programs, projects,

and activities funded under the plan, and the buildings in

which such programs, projects, and activities are operated,

will meet standards prescribed by the Secretary in regulations

and all applicable Federal and State accessibility standards,

including accessibility requirements of the Americans with

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section

794d of title 29, and the Fair Housing Act (42 U.S.C. 3601 et

seq.).

(G) Individualized services

The plan shall provide assurances that any direct services

provided to individuals with developmental disabilities and

funded under the plan will be provided in an individualized

manner, consistent with the unique strengths, resources,

priorities, concerns, abilities, and capabilities of such

individual.

(H) Human rights

The plan shall provide assurances that the human rights of

the individuals with developmental disabilities (especially

individuals without familial protection) who are receiving

services under programs assisted under this part will be

protected consistent with section 15009 of this title (relating

to rights of individuals with developmental disabilities).

(I) Minority participation

The plan shall provide assurances that the State has taken

affirmative steps to assure that participation in programs

funded under this part is geographically representative of the

State, and reflects the diversity of the State with respect to

race and ethnicity.

(J) Employee protections

The plan shall provide assurances that fair and equitable

arrangements (as determined by the Secretary after consultation

with the Secretary of Labor) will be provided to protect the

interests of employees affected by actions taken under the plan

to provide community living activities, including arrangements

designed to preserve employee rights and benefits and provide

training and retraining of such employees where necessary, and

arrangements under which maximum efforts will be made to

guarantee the employment of such employees.

(K) Staff assignments

The plan shall provide assurances that the staff and other

personnel of the Council, while working for the Council, will

be responsible solely for assisting the Council in carrying out

the duties of the Council under this part and will not be

assigned duties by the designated State agency, or any other

agency, office, or entity of the State.

(L) Noninterference

The plan shall provide assurances that the designated State

agency, and any other agency, office, or entity of the State,

will not interfere with the advocacy, capacity building, and

systemic change activities, budget, personnel, State plan

development, or plan implementation of the Council, except that

the designated State agency shall have the authority necessary

to carry out the responsibilities described in section

15025(d)(3) of this title.

(M) State quality assurance

The plan shall provide assurances that the Council will

participate in the planning, design or redesign, and monitoring

of State quality assurance systems that affect individuals with

developmental disabilities.

(N) Other assurances

The plan shall contain such additional information and

assurances as the Secretary may find necessary to carry out the

provisions (including the purpose) of this part.

(d) Public input and review, submission, and approval

(1) Public input and review

The plan shall be based on public input. The Council shall make

the plan available for public review and comment, after providing

appropriate and sufficient notice in accessible formats of the

opportunity for such review and comment. The Council shall revise

the plan to take into account and respond to significant

comments.

(2) Consultation with the designated State agency

Before the plan is submitted to the Secretary, the Council

shall consult with the designated State agency to ensure that the

State plan is consistent with State law and to obtain appropriate

State plan assurances.

(3) Plan approval

The Secretary shall approve any State plan and, as appropriate,

amendments of such plan that comply with the provisions of

subsections (a), (b), and (c) of this section and this

subsection. The Secretary may take final action to disapprove a

State plan after providing reasonable notice and an opportunity

for a hearing to the State.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 124, Oct. 30, 2000, 114 Stat.

1696.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsec. (c)(5)(F), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, as amended, which is classified principally to chapter 126

(Sec. 12101 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

12101 of this title and Tables.

The Fair Housing Act, referred to in subsec. (c)(5)(F), is title

VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as amended,

which is classified principally to subchapter I (Sec. 3601 et seq.)

of chapter 45 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 3601 of

this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15022, 15023, 15025,

15026, 15027, 15028, 15044, 15064 of this title.

-End-

-CITE-

42 USC Sec. 15025 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part B - Federal Assistance to State Councils on Developmental

Disabilities

-HEAD-

Sec. 15025. State Councils on Developmental Disabilities and

designated State agencies

-STATUTE-

(a) In general

Each State that receives assistance under this part shall

establish and maintain a Council to undertake advocacy, capacity

building, and systemic change activities (consistent with

subsections (b) and (c) of section 15001 of this title) that

contribute to a coordinated, consumer- and family-centered,

consumer- and family-directed, comprehensive system of community

services, individualized supports, and other forms of assistance

that contribute to the achievement of the purpose of this part. The

Council shall have the authority to fulfill the responsibilities

described in subsection (c) of this section.

(b) Council membership

(1) Council appointments

(A) In general

The members of the Council of a State shall be appointed by

the Governor of the State from among the residents of that

State.

(B) Recommendations

The Governor shall select members of the Council, at the

discretion of the Governor, after soliciting recommendations

from organizations representing a broad range of individuals

with developmental disabilities and individuals interested in

individuals with developmental disabilities, including the

non-State agency members of the Council. The Council may, at

the initiative of the Council, or on the request of the

Governor, coordinate Council and public input to the Governor

regarding all recommendations.

The membership of the Council shall be geographically

representative of the State and reflect the diversity of the

State with respect to race and ethnicity.

(2) Membership rotation

The Governor shall make appropriate provisions to rotate the

membership of the Council. Such provisions shall allow members to

continue to serve on the Council until such members' successors

are appointed. The Council shall notify the Governor regarding

membership requirements of the Council, and shall notify the

Governor when vacancies on the Council remain unfilled for a

significant period of time.

(3) Representation of individuals with developmental disabilities

Not less than 60 percent of the membership of each Council

shall consist of individuals who are -

(A)(i) individuals with developmental disabilities;

(ii) parents or guardians of children with developmental

disabilities; or

(iii) immediate relatives or guardians of adults with

mentally impairing developmental disabilities who cannot

advocate for themselves; and

(B) not employees of a State agency that receives funds or

provides services under this part, and who are not managing

employees (as defined in section 1126(b) of the Social Security

Act (42 U.S.C. 1320a-5(b)) of any other entity that receives

funds or provides services under this part.

(4) Representation of agencies and organizations

(A) In general

Each Council shall include -

(i) representatives of relevant State entities, including -

(I) State entities that administer funds provided under

Federal laws related to individuals with disabilities,

including the Rehabilitation Act of 1973 (29 U.S.C. 701 et

seq.), the Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.), the Older Americans Act of 1965 (42

U.S.C. 3001 et seq.), and titles V and XIX of the Social

Security Act (42 U.S.C. 701 et seq. and 1396 et seq.);

(II) Centers in the State; and

(III) the State protection and advocacy system; and

(ii) representatives, at all times, of local and

nongovernmental agencies, and private nonprofit groups

concerned with services for individuals with developmental

disabilities in the State in which such agencies and groups

are located.

(B) Authority and limitations

The representatives described in subparagraph (A) shall -

(i) have sufficient authority to engage in policy planning

and implementation on behalf of the department, agency, or

program such representatives represent; and

(ii) recuse themselves from any discussion of grants or

contracts for which such representatives' departments,

agencies, or programs are grantees, contractors, or

applicants and comply with the conflict of interest assurance

requirement under section 15024(c)(5)(D) of this title.

(5) Composition of membership with developmental disabilities

Of the members of the Council described in paragraph (3) -

(A) 1/3 shall be individuals with developmental

disabilities described in paragraph (3)(A)(i);

(B) 1/3 shall be parents or guardians of children with

developmental disabilities described in paragraph (3)(A)(ii),

or immediate relatives or guardians of adults with

developmental disabilities described in paragraph (3)(A)(iii);

and

paragraph (3)(A).

(6) Institutionalized individuals

(A) In general

Of the members of the Council described in paragraph (5), at

least 1 shall be an immediate relative or guardian of an

individual with a developmental disability who resides or

previously resided in an institution or shall be an individual

with a developmental disability who resides or previously

resided in an institution.

(B) Limitation

Subparagraph (A) shall not apply with respect to a State if

such an individual does not reside in that State.

(1) In general

A Council, through Council members, staff, consultants,

contractors, or subgrantees, shall have the responsibilities

described in paragraphs (2) through (10).

(2) Advocacy, capacity building, and systemic change activities

The Council shall serve as an advocate for individuals with

developmental disabilities and conduct or support programs,

projects, and activities that carry out the purpose of this part.

(3) Examination of goals

At the end of each grant year, each Council shall -

(A) determine the extent to which each goal of the Council

was achieved for that year;

(B) determine to the extent that each goal was not achieved,

the factors that impeded the achievement;

strategic State plan required under section 15024 of this

title;

(D) separately determine the information on the self-advocacy

goal described in section 15024(c)(4)(A)(ii) of this title; and

(E) determine customer satisfaction with Council supported or

conducted activities.

(4) State plan development

The Council shall develop the State plan and submit the State

plan to the Secretary after consultation with the designated

State agency under the State plan. Such consultation shall be

solely for the purposes of obtaining State assurances and

ensuring consistency of the plan with State law.

(5) State plan implementation

(A) In general

The Council shall implement the State plan by conducting and

supporting advocacy, capacity building, and systemic change

activities such as those described in subparagraphs (B) through

(L).

(B) Outreach

The Council may support and conduct outreach activities to

identify individuals with developmental disabilities and their

families who otherwise might not come to the attention of the

Council and assist and enable the individuals and families to

obtain services, individualized supports, and other forms of

assistance, including access to special adaptation of generic

community services or specialized services.

The Council may support and conduct training for persons who

are individuals with developmental disabilities, their

families, and personnel (including professionals,

paraprofessionals, students, volunteers, and other community

members) to enable such persons to obtain access to, or to

provide, community services, individualized supports, and other

forms of assistance, including special adaptation of generic

community services or specialized services for individuals with

developmental disabilities and their families. To the extent

that the Council supports or conducts training activities under

this subparagraph, such activities shall contribute to the

achievement of the purpose of this part.

(D) Technical assistance

The Council may support and conduct technical assistance

activities to assist public and private entities to contribute

to the achievement of the purpose of this part.

(E) Supporting and educating communities

The Council may support and conduct activities to assist

neighborhoods and communities to respond positively to

individuals with developmental disabilities and their families

(i) by encouraging local networks to provide informal and

formal supports;

(ii) through education; and

(iii) by enabling neighborhoods and communities to offer

such individuals and their families access to and use of

services, resources, and opportunities.

(F) Interagency collaboration and coordination

The Council may support and conduct activities to promote

interagency collaboration and coordination to better serve,

support, assist, or advocate for individuals with developmental

disabilities and their families.

(G) Coordination with related councils, committees, and

programs

The Council may support and conduct activities to enhance

coordination of services with -

(i) other councils, entities, or committees, authorized by

Federal or State law, concerning individuals with

disabilities (such as the State interagency coordinating

council established under subtitle C (!1) of the Individuals

with Disabilities Education Act (20 U.S.C. 1431 et seq.), the

State Rehabilitation Council and the Statewide Independent

Living Council established under the Rehabilitation Act of

1973 (29 U.S.C. 701 et seq.), the State mental health

planning council established under subtitle B (!1) of title

XIX of the Public Health Service Act [42 U.S.C. 300x et

seq.], and the activities authorized under section 3011 or

3012 of title 29, and entities carrying out other similar

councils, entities, or committees);

(ii) parent training and information centers under part D

of the Individuals with Disabilities Education Act (20 U.S.C.

1451 et seq.) and other entities carrying out federally

funded projects that assist parents of children with

disabilities; and

(iii) other groups interested in advocacy, capacity

building, and systemic change activities to benefit

individuals with disabilities.

(H) Barrier elimination, systems design and redesign

The Council may support and conduct activities to eliminate

barriers to access and use of community services by individuals

with developmental disabilities, enhance systems design and

redesign, and enhance citizen participation to address issues

identified in the State plan.

(I) Coalition development and citizen participation

The Council may support and conduct activities to educate the

public about the capabilities, preferences, and needs of

individuals with developmental disabilities and their families

and to develop and support coalitions that support the policy

agenda of the Council, including training in self-advocacy,

education of policymakers, and citizen leadership skills.

(J) Informing policymakers

The Council may support and conduct activities to provide

information to policymakers by supporting and conducting

studies and analyses, gathering information, and developing and

disseminating model policies and procedures, information,

approaches, strategies, findings, conclusions, and

recommendations. The Council may provide the information

directly to Federal, State, and local policymakers, including

Congress, the Federal executive branch, the Governors, State

legislatures, and State agencies, in order to increase the

ability of such policymakers to offer opportunities and to

enhance or adapt generic services to meet the needs of, or

provide specialized services to, individuals with developmental

disabilities and their families.

(K) Demonstration of new approaches to services and supports

(i) In general

The Council may support and conduct, on a time-limited

basis, activities to demonstrate new approaches to serving

individuals with developmental disabilities that are a part

of an overall strategy for systemic change. The strategy may

involve the education of policymakers and the public about

how to deliver effectively, to individuals with developmental

disabilities and their families, services, supports, and

assistance that contribute to the achievement of the purpose

of this part.

(ii) Sources of funding

The Council may carry out this subparagraph by supporting

and conducting demonstration activities through sources of

funding other than funding provided under this part, and by

assisting entities conducting demonstration activities to

develop strategies for securing funding from other sources.

(L) Other activities

The Council may support and conduct other advocacy, capacity

building, and systemic change activities to promote the

development of a coordinated, consumer- and family-centered,

consumer- and family-directed, comprehensive system of

community services, individualized supports, and other forms of

assistance that contribute to the achievement of the purpose of

this part.

(6) Review of designated State agency

The Council shall periodically review the designated State

agency and activities carried out under this part by the

designated State agency and make any recommendations for change

to the Governor.

(7) Reports

Beginning in fiscal year 2002, the Council shall annually

prepare and transmit to the Secretary a report. Each report shall

be in a form prescribed by the Secretary by regulation under

section 15004(b) of this title. Each report shall contain

information about the progress made by the Council in achieving

the goals of the Council (as specified in section 15024(c)(4) of

this title), including -

(A) a description of the extent to which the goals were

achieved;

(B) a description of the strategies that contributed to

achieving the goals;

description of factors that impeded the achievement;

(D) separate information on the self-advocacy goal described

in section 15024(c)(4)(A)(ii) of this title;

(E)(i) as appropriate, an update on the results of the

comprehensive review and analysis described in section

15024(c)(3) of this title; and

(ii) information on consumer satisfaction with Council

supported or conducted activities;

(F)(i) a description of the adequacy of health care and other

services, supports, and assistance that individuals with

developmental disabilities in Intermediate Care Facilities

(Mental Retardation) receive; and

(ii) a description of the adequacy of health care and other

services, supports, and assistance that individuals with

developmental disabilities served through home and

community-based waivers (authorized under section 1915(c) of

the Social Security Act (42 U.S.C. 1396n(c)) receive;

(G) an accounting of the manner in which funds paid to the

State under this part for a fiscal year were expended;

(H) a description of -

(i) resources made available to carry out activities to

assist individuals with developmental disabilities that are

directly attributable to Council actions; and

(ii) resources made available for such activities that are

undertaken by the Council in collaboration with other

entities; and

(I) a description of the method by which the Council will

widely disseminate the annual report to affected constituencies

and the general public and will assure that the report is

available in accessible formats.

(8) Budget

Each Council shall prepare, approve, and implement a budget

using amounts paid to the State under this part to fund and

implement all programs, projects, and activities carried out

under this part, including -

(A)(i) conducting such hearings and forums as the Council may

determine to be necessary to carry out the duties of the

Council; and

(ii) as determined in Council policy -

(I) reimbursing members of the Council for reasonable and

necessary expenses (including expenses for child care and

personal assistance services) for attending Council meetings

and performing Council duties;

(II) paying a stipend to a member of the Council, if such

member is not employed or must forfeit wages from other

employment, to attend Council meetings and perform other

Council duties;

(III) supporting Council member and staff travel to

authorized training and technical assistance activities

including in-service training and leadership development

activities; and

(IV) carrying out appropriate subcontracting activities;

(B) hiring and maintaining such numbers and types of staff

(qualified by training and experience) and obtaining the

services of such professional, consulting, technical, and

clerical staff (qualified by training and experience),

consistent with State law, as the Council determines to be

necessary to carry out the functions of the Council under this

part, except that such State shall not apply hiring freezes,

reductions in force, prohibitions on travel, or other policies

to the staff of the Council, to the extent that such policies

would impact the staff or functions funded with Federal funds,

or would prevent the Council from carrying out the functions of

the Council under this part; and

interagency agreements that are binding contracts, and other

activities authorized by the State plan approved under section

15024 of this title.

(9) Staff hiring and supervision

The Council shall, consistent with State law, recruit and hire

a Director of the Council, should the position of Director become

vacant, and supervise and annually evaluate the Director. The

Director shall hire, supervise, and annually evaluate the staff

of the Council. Council recruitment, hiring, and dismissal of

staff shall be conducted in a manner consistent with Federal and

State nondiscrimination laws. Dismissal of personnel shall be

conducted in a manner consistent with State law and personnel

policies.

(10) Staff assignments

The staff of the Council, while working for the Council, shall

be responsible solely for assisting the Council in carrying out

the duties of the Council under this part and shall not be

assigned duties by the designated State agency or any other

agency or entity of the State.

(11) Construction

Nothing in this subchapter shall be construed to authorize a

Council to direct, control, or exercise any policymaking

authority or administrative authority over any program assisted

under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) or

the Individuals with Disabilities Education Act (20 U.S.C. 1400

et seq.).

(d) Designated State agency

(1) In general

Each State that receives assistance under this part shall

designate a State agency that shall, on behalf of the State,

provide support to the Council. After April 6, 1994, any

designation of a State agency under this paragraph shall be made

in accordance with the requirements of this subsection.

(2) Designation

(A) Type of agency

Except as provided in this subsection, the designated State

agency shall be -

(i) the Council if such Council may be the designated State

agency under the laws of the State;

(ii) a State agency that does not provide or pay for

services for individuals with developmental disabilities; or

(iii) a State office, including the immediate office of the

Governor of the State or a State planning office.

(B) Conditions for continuation of State service agency

designation

(i) Designation before April 6, 1994

If a State agency that provides or pays for services for

individuals with developmental disabilities was a designated

State agency for purposes of part B of the Developmental

Disabilities Assistance and Bill of Rights Act on April 6,

1994, and the Governor of the State (or the legislature,

where appropriate and in accordance with State law)

determines prior to June 30, 1994, not to change the

designation of such agency, such agency may continue to be a

designated State agency for purposes of this part.

(ii) Criteria for continued designation

The determination, at the discretion of the Governor (or

the legislature, as the case may be), shall be made after -

(I) the Governor has considered the comments and

recommendations of the general public and a majority of the

non-State agency members of the Council with respect to the

designation of such State agency; and

(II) the Governor (or the legislature, as the case may

be) has made an independent assessment that the designation

of such agency will not interfere with the budget,

personnel, priorities, or other action of the Council, and

the ability of the Council to serve as an independent

advocate for individuals with developmental disabilities.

The Council may request a review of and change in the

designation of the designated State agency by the Governor (or

the legislature, as the case may be). The Council shall provide

documentation concerning the reason the Council desires a

change to be made and make a recommendation to the Governor (or

the legislature, as the case may be) regarding a preferred

designated State agency.

(D) Appeal of designation

After the review is completed under subparagraph (C), a

majority of the non-State agency members of the Council may

appeal to the Secretary for a review of and change in the

designation of the designated State agency if the ability of

the Council to serve as an independent advocate is not assured

because of the actions or inactions of the designated State

agency.

(3) Responsibilities

(A) In general

The designated State agency shall, on behalf of the State,

have the responsibilities described in subparagraphs (B)

through (G).

(B) Support services

The designated State agency shall provide required assurances

and support services as requested by and negotiated with the

Council.

The designated State agency shall -

(i) receive, account for, and disburse funds under this

part based on the State plan required in section 15024 of

this title; and

(ii) provide for such fiscal control and fund accounting

procedures as may be necessary to assure the proper

disbursement of, and accounting for, funds paid to the State

under this part.

(D) Records, access, and financial reports

The designated State agency shall keep and provide access to

such records as the Secretary and the Council may determine to

be necessary. The designated State agency, if other than the

Council, shall provide timely financial reports at the request

of the Council regarding the status of expenditures,

obligations, and liquidation by the agency or the Council, and

the use of the Federal and non-Federal shares described in

section 15026 of this title, by the agency or the Council.

(E) Non-Federal share

The designated State agency, if other than the Council, shall

provide the required non-Federal share described in section

15026(c) of this title.

(F) Assurances

The designated State agency shall assist the Council in

obtaining the appropriate State plan assurances and in ensuring

that the plan is consistent with State law.

(G) Memorandum of understanding

On the request of the Council, the designated State agency

shall enter into a memorandum of understanding with the Council

delineating the roles and responsibilities of the designated

State agency.

(4) Use of funds for designated State agency responsibilities

(A) Condition for Federal funding

(i) In general

The Secretary shall provide amounts to a State under

section 15024(c)(5)(B)(vi) of this title for a fiscal year

only if the State expends an amount from State sources for

carrying out the responsibilities of the designated State

agency under paragraph (3) for the fiscal year that is not

less than the total amount the State expended from such

sources for carrying out similar responsibilities for the

previous fiscal year.

(ii) Exception

Clause (i) shall not apply in a year in which the Council

is the designated State agency.

(B) Support services provided by other agencies

With the agreement of the designated State agency, the

Council may use or contract with agencies other than the

designated State agency to perform the functions of the

designated State agency.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 125, Oct. 30, 2000, 114 Stat.

1701.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in subsecs.

(b)(4)(A)(i)(I) and (c)(5)(G)(i), (11), is Pub. L. 93-112, Sept.

26, 1973, 87 Stat. 355, as amended, which is classified generally

to chapter 16 (Sec. 701 et seq.) of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 701 of Title 29 and Tables.

The Individuals with Disabilities Education Act, referred to in

subsecs. (b)(4)(A)(i)(I) and (c)(5)(G)(i), (ii), (11), is title VI

of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175, as amended, which

is classified generally to chapter 33 (Sec. 1400 et seq.) of Title

20, Education. The reference to subtitle C of the Act probably

means part C of the Act which is classified generally to subchapter

III (Sec. 1431 et seq.) of chapter 33 of Title 20. Part D of the

Act is classified generally to subchapter IV (Sec. 1451 et seq.) of

chapter 33 of Title 20. For complete classification of this Act to

the Code, see section 1400 of Title 20 and Tables.

The Older Americans Act of 1965, referred to in subsec.

(b)(4)(A)(i)(I), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as

amended, which is classified generally to chapter 35 (Sec. 3001 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 3001 of this title

and Tables.

The Social Security Act, referred to in subsec. (b)(4)(A)(i)(I),

is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles V

and XIX of the Act are classified generally to subchapters V (Sec.

701 et seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter

7 of this title. For complete classification of this Act to the

Code, see section 1305 of this title and Tables.

The Public Health Service Act, referred to in subsec.

(c)(5)(G)(i), is act July 1, 1944, ch. 373, 58 Stat. 682, as

amended. The reference to subtitle B of title XIX of the Act

probably means part B of title XIX of the Act which is classified

generally to part B (Sec. 300x et seq.) of subchapter XVII of

chapter 6A of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 201 of this

title and Tables.

The Developmental Disabilities Assistance and Bill of Rights Act,

referred to in subsec. (d)(2)(B)(i), is title I of Pub. L. 88-164,

as added by Pub. L. 98-527, Sec. 2, Oct. 19, 1984, 98 Stat. 2662,

as amended, which was repealed by Pub. L. 106-402, title IV, Sec.

401(a), Oct. 30, 2000, 114 Stat. 1737. Part B of the Act was

classified generally to subchapter II (Sec. 6021 et seq.) of

chapter 75 of this title. For complete classification of this Act

to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1396u, 15002, 15024,

15026, 15027 of this title; title 29 section 725.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 15026 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part B - Federal Assistance to State Councils on Developmental

Disabilities

-HEAD-

Sec. 15026. Federal and non-Federal share

-STATUTE-

(a) Aggregate cost

(1) In general

Except as provided in paragraphs (2) and (3), the Federal share

of the cost of all projects in a State supported by an allotment

to the State under this part may not be more than 75 percent of

the aggregate necessary cost of such projects, as determined by

the Secretary.

(2) Urban or rural poverty areas

In the case of projects whose activities or products target

individuals with developmental disabilities who live in urban or

rural poverty areas, as determined by the Secretary, the Federal

share of the cost of all such projects may not be more than 90

percent of the aggregate necessary cost of such projects, as

determined by the Secretary.

(3) State plan activities

In the case of projects undertaken by the Council or Council

staff to implement State plan activities, the Federal share of

the cost of all such projects may be not more than 100 percent of

the aggregate necessary cost of such activities.

(b) Nonduplication

In determining the amount of any State's Federal share of the

cost of such projects incurred by such State under a State plan

approved under section 15024 of this title, the Secretary shall not

consider -

(1) any portion of such cost that is financed by Federal funds

provided under any provision of law other than section 15022 of

this title; and

(2) the amount of any non-Federal funds required to be expended

as a condition of receipt of the Federal funds described in

paragraph (1).

(1) In-kind contributions

The non-Federal share of the cost of any project supported by

an allotment under this part may be provided in cash or in kind,

fairly evaluated, including plant, equipment, or services.

(2) Contributions of political subdivisions and public or private

entities

(A) In general

Contributions to projects by a political subdivision of a

State or by a public or private entity under an agreement with

the State shall, subject to such limitations and conditions as

the Secretary may by regulation prescribe under section

15004(b) of this title, be considered to be contributions by

such State, in the case of a project supported under this part.

(B) State contributions

State contributions, including contributions by the

designated State agency to provide support services to the

Council pursuant to section 15025(d)(4) of this title, may be

counted as part of such State's non-Federal share of the cost

of projects supported under this part.

(3) Variations of the non-Federal share

The non-Federal share required of each recipient of a grant

from a Council under this part may vary.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 126, Oct. 30, 2000, 114 Stat.

1710.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15025 of this title.

-End-

-CITE-

42 USC Sec. 15027 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part B - Federal Assistance to State Councils on Developmental

Disabilities

-HEAD-

Sec. 15027. Withholding of payments for planning, administration,

and services

-STATUTE-

Whenever the Secretary, after providing reasonable notice and an

opportunity for a hearing to the Council and the designated State

agency, finds that -

(1) the Council or agency has failed to comply substantially

with any of the provisions required by section 15024 of this

title to be included in the State plan, particularly provisions

required by paragraphs (4)(A) and (5)(B)(vii) of section 15024(c)

of this title, or with any of the provisions required by section

15025(b)(3) of this title; or

(2) the Council or agency has failed to comply substantially

with any regulations of the Secretary that are applicable to this

part,

the Secretary shall notify such Council and agency that the

Secretary will not make further payments to the State under section

15022 of this title (or, in the discretion of the Secretary, that

further payments to the State under section 15022 of this title for

activities for which there is such failure), until the Secretary is

satisfied that there will no longer be such failure. Until the

Secretary is so satisfied, the Secretary shall make no further

payments to the State under section 15022 of this title, or shall

limit further payments under section 15022 of this title to such

State to activities for which there is no such failure.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 127, Oct. 30, 2000, 114 Stat.

1711.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15028 of this title.

-End-

-CITE-

42 USC Sec. 15028 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part B - Federal Assistance to State Councils on Developmental

Disabilities

-HEAD-

Sec. 15028. Appeals by States

-STATUTE-

(a) Appeal

If any State is dissatisfied with the Secretary's action under

section 15024(d)(3) or 15027 of this title, such State may appeal

to the United States court of appeals for the circuit in which such

State is located, by filing a petition with such court not later

than 60 days after such action.

(b) Filing

The clerk of the court shall transmit promptly a copy of the

petition to the Secretary, or any officer designated by the

Secretary for that purpose. The Secretary shall file promptly with

the court the record of the proceedings on which the Secretary

based the action, as provided in section 2112 of title 28.

Upon the filing of the petition, the court shall have

jurisdiction to affirm the action of the Secretary or to set the

action aside, in whole or in part, temporarily or permanently.

Until the filing of the record, the Secretary may modify or set

aside the order of the Secretary relating to the action.

(d) Findings and remand

The findings of the Secretary about the facts, if supported by

substantial evidence, shall be conclusive, but the court, for good

cause shown, may remand the case involved to the Secretary for

further proceedings to take further evidence. On remand, the

Secretary may make new or modified findings of fact and may modify

the previous action of the Secretary, and shall file with the court

the record of the further proceedings. Such new or modified

findings of fact shall likewise be conclusive if supported by

substantial evidence.

(e) Finality

The judgment of the court affirming or setting aside, in whole or

in part, any action of the Secretary shall be final, subject to

review by the Supreme Court of the United States upon certiorari or

certification as provided in section 1254 of title 28.

(f) Effect

The commencement of proceedings under this section shall not,

unless so specifically ordered by a court, operate as a stay of the

Secretary's action.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 128, Oct. 30, 2000, 114 Stat.

1711.)

-End-

-CITE-

42 USC Sec. 15029 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part B - Federal Assistance to State Councils on Developmental

Disabilities

-HEAD-

Sec. 15029. Authorization of appropriations

-STATUTE-

(a) Funding for State allotments

Except as described in subsection (b) of this section, there are

authorized to be appropriated for allotments under section 15022 of

this title $76,000,000 for fiscal year 2001 and such sums as may be

necessary for each of fiscal years 2002 through 2007.

(b) Reservation for technical assistance

(1) Lower appropriation years

For any fiscal year for which the amount appropriated under

subsection (a) of this section is less than $76,000,000, the

Secretary shall reserve funds in accordance with section 15083(c)

of this title to provide technical assistance to entities funded

under this part.

(2) Higher appropriation years

For any fiscal year for which the amount appropriated under

subsection (a) of this section is not less than $76,000,000, the

Secretary shall reserve not less than $300,000 and not more than

1 percent of the amount appropriated under subsection (a) of this

section to provide technical assistance to entities funded under

this part.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 129, Oct. 30, 2000, 114 Stat.

1712.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15022, 15081, 15083 of

this title.

-End-

-CITE-

42 USC Part C - Protection and Advocacy of Individual

Rights 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part C - Protection and Advocacy of Individual Rights

-HEAD-

PART C - PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1396r, 1396u, 3058g, 10802,

14404, 15004, 15005, 15024, 15083, 15461, 15462 of this title;

title 29 section 794e, 1396r, 3002.

-End-

-CITE-

42 USC Sec. 15041 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part C - Protection and Advocacy of Individual Rights

-HEAD-

Sec. 15041. Purpose

-STATUTE-

The purpose of this part is to provide for allotments to support

a protection and advocacy system (referred to in this part as a

"system") in each State to protect the legal and human rights of

individuals with developmental disabilities in accordance with this

part.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 141, Oct. 30, 2000, 114 Stat.

1712.)

-End-

-CITE-

42 USC Sec. 15042 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part C - Protection and Advocacy of Individual Rights

-HEAD-

Sec. 15042. Allotments and payments

-STATUTE-

(a) Allotments

(1) In general

To assist States in meeting the requirements of section

15043(a) of this title, the Secretary shall allot to the States

the amounts appropriated under section 15045 of this title and

not reserved under paragraph (6). Allotments and reallotments of

such sums shall be made on the same basis as the allotments and

reallotments are made under subsections (a)(1)(A) and (e) of

section 15022 of this title, except as provided in paragraph (2).

(2) Minimum allotments

In any case in which -

(A) the total amount appropriated under section 15045 of this

title for a fiscal year is not less than $20,000,000, the

allotment under paragraph (1) for such fiscal year -

(i) to each of American Samoa, Guam, the United States

Virgin Islands, and the Commonwealth of the Northern Mariana

Islands may not be less than $107,000; and

(ii) to any State not described in clause (i) may not be

less than $200,000; or

(B) the total amount appropriated under section 15045 of this

title for a fiscal year is less than $20,000,000, the allotment

under paragraph (1) for such fiscal year -

(i) to each of American Samoa, Guam, the United States

Virgin Islands, and the Commonwealth of the Northern Mariana

Islands may not be less than $80,000; and

(ii) to any State not described in clause (i) may not be

less than $150,000.

(3) Reduction of allotment

Notwithstanding paragraphs (1) and (2), if the aggregate of the

amounts to be allotted to the States pursuant to such paragraphs

for any fiscal year exceeds the total amount appropriated for

such allotments under section 15045 of this title for such fiscal

year, the amount to be allotted to each State for such fiscal

year shall be proportionately reduced.

(4) Increase in allotments

In any year in which the total amount appropriated under

section 15045 of this title for a fiscal year exceeds the total

amount appropriated under such section (or a corresponding

provision) for the preceding fiscal year by a percentage greater

than the most recent percentage change in the Consumer Price

Index published by the Secretary of Labor under section 720(c)(1)

of title 29 (if the percentage change indicates an increase), the

Secretary shall increase each of the minimum allotments described

in subparagraphs (A) and (B) of paragraph (2). The Secretary

shall increase each minimum allotment by an amount that bears the

same ratio to the amount of such minimum allotment (including any

increases in such minimum allotment under this paragraph (or a

corresponding provision) for prior fiscal years) as the amount

that is equal to the difference between -

(A) the total amount appropriated under section 15045 of this

title for the fiscal year for which the increase in the minimum

allotment is being made; minus

(B) the total amount appropriated under section 15045 of this

title (or a corresponding provision) for the immediately

preceding fiscal year,

bears to the total amount appropriated under section 15045 of

this title (or a corresponding provision) for such preceding

fiscal year.

(5) Monitoring the administration of the system

In a State in which the system is housed in a State agency, the

State may use not more than 5 percent of any allotment under this

subsection for the costs of monitoring the administration of the

system required under section 15043(a) of this title.

(6) Technical assistance and American Indian consortium

In any case in which the total amount appropriated under

section 15045 of this title for a fiscal year is more than

$24,500,000, the Secretary shall -

(A) use not more than 2 percent of the amount appropriated to

provide technical assistance to eligible systems with respect

to activities carried out under this part (consistent with

requests by such systems for such assistance for the year); and

(B) provide a grant in accordance with section 15043(b) of

this title, and in an amount described in paragraph (2)(A)(i),

to an American Indian consortium to provide protection and

advocacy services.

(b) Payment to systems

Notwithstanding any other provision of law, the Secretary shall

pay directly to any system in a State that complies with the

provisions of this part the amount of the allotment made for the

State under this section, unless the system specifies otherwise.

Any amount paid to a system under this part for a fiscal year and

remaining unobligated at the end of such year shall remain

available to such system for the next fiscal year, for the purposes

for which such amount was paid.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 142, Oct. 30, 2000, 114 Stat.

1712.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15043, 15045 of this

title.

-End-

-CITE-

42 USC Sec. 15043 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part C - Protection and Advocacy of Individual Rights

-HEAD-

Sec. 15043. System required

-STATUTE-

(a) System required

In order for a State to receive an allotment under part B of this

subchapter or this part -

(1) the State shall have in effect a system to protect and

advocate the rights of individuals with developmental

disabilities;

(2) such system shall -

(A) have the authority to -

(i) pursue legal, administrative, and other appropriate

remedies or approaches to ensure the protection of, and

advocacy for, the rights of such individuals within the State

who are or who may be eligible for treatment, services, or

habilitation, or who are being considered for a change in

living arrangements, with particular attention to members of

ethnic and racial minority groups; and

(ii) provide information on and referral to programs and

services addressing the needs of individuals with

developmental disabilities;

(B) have the authority to investigate incidents of abuse and

neglect of individuals with developmental disabilities if the

incidents are reported to the system or if there is probable

cause to believe that the incidents occurred;

take action with regard to goals (each of which is related to 1

or more areas of emphasis) and priorities, developed through

data driven strategic planning, for the system's activities;

(D) on an annual basis, provide to the public, including

individuals with developmental disabilities attributable to

either physical impairment, mental impairment, or a combination

of physical and mental impairment, and their representatives,

and as appropriate, non-State agency representatives of the

State Councils on Developmental Disabilities, and Centers, in

the State, an opportunity to comment on -

(i) the goals and priorities established by the system and

the rationale for the establishment of such goals; and

(ii) the activities of the system, including the

coordination of services with the entities carrying out

advocacy programs under the Rehabilitation Act of 1973 (29

U.S.C. 701 et seq.), the Older Americans Act of 1965 (42

U.S.C. 3001 et seq.), and the Protection and Advocacy for

Mentally Ill Individuals Act of 1986 (!1) (42 U.S.C. 10801 et

seq.), and with entities carrying out other related programs,

including the parent training and information centers funded

under the Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.), and activities authorized under section

3011 or 3012 of title 29;

(E) establish a grievance procedure for clients or

prospective clients of the system to ensure that individuals

with developmental disabilities have full access to services of

the system;

(F) not be administered by the State Council on Developmental

Disabilities;

(G) be independent of any agency that provides treatment,

services, or habilitation to individuals with developmental

disabilities;

(H) have access at reasonable times to any individual with a

developmental disability in a location in which services,

supports, and other assistance are provided to such an

individual, in order to carry out the purpose of this part;

(I) have access to all records of -

(i) any individual with a developmental disability who is a

client of the system if such individual, or the legal

guardian, conservator, or other legal representative of such

individual, has authorized the system to have such access;

(ii) any individual with a developmental disability, in a

situation in which -

(I) the individual, by reason of such individual's mental

or physical condition, is unable to authorize the system to

have such access;

(II) the individual does not have a legal guardian,

conservator, or other legal representative, or the legal

guardian of the individual is the State; and

(III) a complaint has been received by the system about

the individual with regard to the status or treatment of

the individual or, as a result of monitoring or other

activities, there is probable cause to believe that such

individual has been subject to abuse or neglect; and

(iii) any individual with a developmental disability, in a

situation in which -

(I) the individual has a legal guardian, conservator, or

other legal representative;

(II) a complaint has been received by the system about

the individual with regard to the status or treatment of

the individual or, as a result of monitoring or other

activities, there is probable cause to believe that such

individual has been subject to abuse or neglect;

(III) such representative has been contacted by such

system, upon receipt of the name and address of such

representative;

(IV) such system has offered assistance to such

representative to resolve the situation; and

(V) such representative has failed or refused to act on

behalf of the individual;

(J)(i) have access to the records of individuals described in

subparagraphs (B) and (I), and other records that are relevant

to conducting an investigation, under the circumstances

described in those subparagraphs, not later than 3 business

days after the system makes a written request for the records

involved; and

(ii) have immediate access, not later than 24 hours after the

system makes such a request, to the records without consent

from another party, in a situation in which services, supports,

and other assistance are provided to an individual with a

developmental disability -

(I) if the system determines there is probable cause to

believe that the health or safety of the individual is in

serious and immediate jeopardy; or

(II) in any case of death of an individual with a

developmental disability;

(K) hire and maintain sufficient numbers and types of staff

(qualified by training and experience) to carry out such

system's functions, except that the State involved shall not

apply hiring freezes, reductions in force, prohibitions on

travel, or other policies to the staff of the system, to the

extent that such policies would impact the staff or functions

of the system funded with Federal funds or would prevent the

system from carrying out the functions of the system under this

part;

(L) have the authority to educate policymakers; and

(M) provide assurances to the Secretary that funds allotted

to the State under section 15042 of this title will be used to

supplement, and not supplant, the non-Federal funds that would

otherwise be made available for the purposes for which the

allotted funds are provided;

(3) to the extent that information is available, the State

shall provide to the system -

(A) a copy of each independent review, pursuant to section

1396a(a)(30)(C) of this title, of an Intermediate Care Facility

(Mental Retardation) within the State, not later than 30 days

after the availability of such a review; and

(B) information about the adequacy of health care and other

services, supports, and assistance that individuals with

developmental disabilities who are served through home and

community-based waivers (authorized under section 1396n(c) of

this title) receive; and

(4) the agency implementing the system shall not be

redesignated unless -

(A) there is good cause for the redesignation;

(B) the State has given the agency notice of the intention to

make such redesignation, including notice regarding the good

cause for such redesignation, and given the agency an

opportunity to respond to the assertion that good cause has

been shown;

public comment in an accessible format to individuals with

developmental disabilities or their representatives; and

(D) the system has an opportunity to appeal the redesignation

to the Secretary, on the basis that the redesignation was not

for good cause.

(b) American Indian consortium

Upon application to the Secretary, an American Indian consortium

established to provide protection and advocacy services under this

part, shall receive funding pursuant to section 15042(a)(6) of this

title to provide the services. Such consortium shall be considered

to be a system for purposes of this part and shall coordinate the

services with other systems serving the same geographic area. The

tribal council that designates the consortium shall carry out the

responsibilities and exercise the authorities specified for a State

in this part, with regard to the consortium.

In this section, the term "record" includes -

(1) a report prepared or received by any staff at any location

at which services, supports, or other assistance is provided to

individuals with developmental disabilities;

(2) a report prepared by an agency or staff person charged with

investigating reports of incidents of abuse or neglect, injury,

or death occurring at such location, that describes such

incidents and the steps taken to investigate such incidents; and

(3) a discharge planning record.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 143, Oct. 30, 2000, 114 Stat.

1714.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in subsec.

(a)(2)(D)(ii), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as

amended, which is classified generally to chapter 16 (Sec. 701 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 701 of

Title 29 and Tables.

The Older Americans Act of 1965, referred to in subsec.

(a)(2)(D)(ii), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as

amended, which is classified generally to chapter 35 (Sec. 3001 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 3001 of this title

and Tables.

The Protection and Advocacy for Mentally Ill Individuals Act of

1986, referred to in subsec. (a)(2)(D)(ii), was Pub. L. 99-319, May

23, 1986, 100 Stat. 478, as amended. Pub. L. 99-319 was renamed the

Protection and Advocacy for Individuals with Mental Illness Act by

Pub. L. 106-310, div. B, title XXXII, Sec. 3206(a), Oct. 17, 2000,

114 Stat. 1193, and is classified generally to chapter 114 (Sec.

10801 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 10801

of this title and Tables.

The Individuals with Disabilities Education Act, referred to in

subsec. (a)(2)(D)(ii), is title VI of Pub. L. 91-230, Apr. 13,

1970, 84 Stat. 175, as amended, which is classified generally to

chapter 33 (Sec. 1400 et seq.) of Title 20, Education. For complete

classification of this Act to the Code, see section 1400 of Title

20 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15002, 15042, 15044,

15064 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 15044 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part C - Protection and Advocacy of Individual Rights

-HEAD-

Sec. 15044. Administration

-STATUTE-

(a) Governing board

In a State in which the system described in section 15043 of this

title is organized as a private nonprofit entity with a multimember

governing board, or a public system with a multimember governing

board, such governing board shall be selected according to the

policies and procedures of the system, except that -

(1)(A) the governing board shall be composed of members who

broadly represent or are knowledgeable about the needs of the

individuals served by the system;

(B) a majority of the members of the board shall be -

(i) individuals with disabilities, including individuals with

developmental disabilities, who are eligible for services, or

have received or are receiving services through the system; or

(ii) parents, family members, guardians, advocates, or

authorized representatives of individuals referred to in clause

(i); and

on Developmental Disabilities, the Centers in the State, and the

self-advocacy organization described in section

15024(c)(4)(A)(ii)(I) of this title;

(2) not more than 1/3 of the members of the governing board

may be appointed by the chief executive officer of the State

involved, in the case of any State in which such officer has the

authority to appoint members of the board;

(3) the membership of the governing board shall be subject to

term limits set by the system to ensure rotating membership;

(4) any vacancy in the board shall be filled not later than 60

days after the date on which the vacancy occurs; and

(5) in a State in which the system is organized as a public

system without a multimember governing or advisory board, the

system shall establish an advisory council -

(A) that shall advise the system on policies and priorities

to be carried out in protecting and advocating the rights of

individuals with developmental disabilities; and

(B) on which a majority of the members shall be -

(i) individuals with developmental disabilities who are

eligible for services, or have received or are receiving

services, through the system; or

(ii) parents, family members, guardians, advocates, or

authorized representatives of individuals referred to in

clause (i).

(b) Legal action

(1) In general

Nothing in this subchapter shall preclude a system from

bringing a suit on behalf of individuals with developmental

disabilities against a State, or an agency or instrumentality of

a State.

(2) Use of amounts from judgment

An amount received pursuant to a suit described in paragraph

(1) through a court judgment may only be used by the system to

further the purpose of this part and shall not be used to augment

payments to legal contractors or to award personal bonuses.

(3) Limitation

The system shall use assistance provided under this part in a

manner consistent with section 14404 of this title.

For purposes of any periodic audit, report, or evaluation

required under this part, the Secretary shall not require an entity

carrying out a program to disclose the identity of, or any other

personally identifiable information related to, any individual

requesting assistance under such program.

(d) Public notice of Federal onsite review

The Secretary shall provide advance public notice of any Federal

programmatic or administrative onsite review of a system conducted

under this part and solicit public comment on the system through

such notice. The Secretary shall prepare an onsite visit report

containing the results of such review, which shall be distributed

to the Governor of the State and to other interested public and

private parties. The comments received in response to the public

comment solicitation notice shall be included in the onsite visit

report.

(e) Reports

Beginning in fiscal year 2002, each system established in a State

pursuant to this part shall annually prepare and transmit to the

Secretary a report that describes the activities, accomplishments,

and expenditures of the system during the preceding fiscal year,

including a description of the system's goals, the extent to which

the goals were achieved, barriers to their achievement, the process

used to obtain public input, the nature of such input, and how such

input was used.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 144, Oct. 30, 2000, 114 Stat.

1717.)

-End-

-CITE-

42 USC Sec. 15045 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part C - Protection and Advocacy of Individual Rights

-HEAD-

Sec. 15045. Authorization of appropriations

-STATUTE-

For allotments under section 15042 of this title, there are

authorized to be appropriated $32,000,000 for fiscal year 2001 and

such sums as may be necessary for each of fiscal years 2002 through

2007.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 145, Oct. 30, 2000, 114 Stat.

1718.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15042 of this title.

-End-

-CITE-

42 USC Part D - National Network of University Centers

for Excellence in Developmental

Disabilities Education, Research,

and Service 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part D - National Network of University Centers for Excellence in

Developmental Disabilities Education, Research, and

Service

-HEAD-

PART D - NATIONAL NETWORK OF UNIVERSITY CENTERS FOR EXCELLENCE IN

DEVELOPMENTAL DISABILITIES EDUCATION, RESEARCH, AND SERVICE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 14403, 15002, 15004, 15005,

15024, 15081, 15083, 15114 of this title.

-End-

-CITE-

42 USC Sec. 15061 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part D - National Network of University Centers for Excellence in

Developmental Disabilities Education, Research, and

Service

-HEAD-

Sec. 15061. Grant authority

-STATUTE-

(a) National network

From appropriations authorized under section 15066(a)(1) of this

title, the Secretary shall make 5-year grants to entities in each

State designated as University Centers for Excellence in

Developmental Disabilities Education, Research, and Service to

carry out activities described in section 15063(a) of this title.

(b) National training initiatives

From appropriations authorized under section 15066(a)(1) of this

title and reserved under section 15066(a)(2) of this title, the

Secretary shall make grants to Centers to carry out activities

described in section 15063(b) of this title.

From appropriations authorized under section 15066(a)(1) of this

title and reserved under section 15066(a)(3) of this title (or from

funds reserved under section 15083 of this title, as appropriate),

the Secretary shall enter into 1 or more cooperative agreements or

contracts for the purpose of providing technical assistance

described in section 15063(c) of this title.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 151, Oct. 30, 2000, 114 Stat.

1719.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15062, 15063, 15064 of

this title.

-End-

-CITE-

42 USC Sec. 15062 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part D - National Network of University Centers for Excellence in

Developmental Disabilities Education, Research, and

Service

-HEAD-

Sec. 15062. Grant awards

-STATUTE-

(a) Existing Centers

(1) In general

In awarding and distributing grant funds under section

15061(a)of this title for a fiscal year, the Secretary, subject

to the availability of appropriations and the condition specified

in subsection (d) of this section, shall award and distribute

grant funds in equal amounts of $500,000 (adjusted in accordance

with subsection (b) of this section), to each Center that existed

during the preceding fiscal year and that meets the requirements

of this part, prior to making grants under subsection (c) or (d)

of this section.

(2) Reduction of award

Notwithstanding paragraph (1), if the aggregate of the funds to

be awarded to the Centers pursuant to paragraph (1) for any

fiscal year exceeds the total amount appropriated under section

15066 of this title for such fiscal year, the amount to be

awarded to each Center for such fiscal year shall be

proportionately reduced.

(b) Adjustments

Subject to the availability of appropriations, for any fiscal

year following a year in which each Center described in subsection

(a) of this section received a grant award of not less than

$500,000 under subsection (a) of this section (adjusted in

accordance with this subsection), the Secretary shall adjust the

awards to take into account the most recent percentage change in

the Consumer Price Index published by the Secretary of Labor under

section 720(c)(1) of title 29 (if the percentage change indicates

an increase), prior to making grants under subsection (c) or (d) of

this section.

Subject to the availability of appropriations, for any fiscal

year in which each Center described in subsection (a) of this

section receives a grant award of not less than $500,000, under

subsection (a) of this section (adjusted in accordance with

subsection (b) of this section), after making the grant awards, the

Secretary shall make grants under section 15061(b) of this title to

Centers to pay for the Federal share of the cost of training

initiatives related to the unmet needs of individuals with

developmental disabilities and their families, as described in

section 15063(b) of this title.

(d) Additional grants

For any fiscal year in which each Center described in subsection

(a) of this section receives a grant award of not less than

$500,000 under subsection (a) of this section (adjusted in

accordance with subsection (b) of this section), after making the

grant awards, the Secretary may make grants under section 15061(a)

of this title for activities described in section 15063(a) of this

title to additional Centers, or additional grants to Centers, for

States or populations that are unserved or underserved by Centers

due to such factors as -

(1) population;

(2) a high concentration of rural or urban areas; or

(3) a high concentration of unserved or underserved

populations.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 152, Oct. 30, 2000, 114 Stat.

1719.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15066 of this title.

-End-

-CITE-

42 USC Sec. 15063 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part D - National Network of University Centers for Excellence in

Developmental Disabilities Education, Research, and

Service

-HEAD-

Sec. 15063. Purpose and scope of activities

-STATUTE-

(a) National network of University Centers for Excellence in

Developmental Disabilities Education, Research, and Service

(1) In general

In order to provide leadership in, advise Federal, State, and

community policymakers about, and promote opportunities for

individuals with developmental disabilities to exercise

self-determination, be independent, be productive, and be

integrated and included in all facets of community life, the

Secretary shall award grants to eligible entities designated as

Centers in each State to pay for the Federal share of the cost of

the administration and operation of the Centers. The Centers

shall be interdisciplinary education, research, and public

service units of universities (as defined by the Secretary) or

public or not-for-profit entities associated with universities

that engage in core functions, described in paragraph (2),

addressing, directly or indirectly, 1 or more of the areas of

emphasis.

(2) Core functions

The core functions referred to in paragraph (1) shall include

the following:

(A) Provision of 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 subchapter.

(B) Provision of community services -

(i) that provide training or 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.

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.

(D) Dissemination of information related to activities

undertaken to address the purpose of this subchapter,

especially dissemination of information that demonstrates that

the network authorized under this part is a national and

international resource that includes specific substantive areas

of expertise that may be accessed and applied in diverse

settings and circumstances.

(b) National training initiatives on critical and emerging needs

(1) Supplemental grants

After consultation with relevant, informed sources, including

individuals with developmental disabilities and their families,

the Secretary shall award, under section 15061(b) of this title,

supplemental grants to Centers to pay for the Federal share of

the cost of training initiatives related to the unmet needs of

individuals with developmental disabilities and their families.

The Secretary shall make the grants on a competitive basis, and

for periods of not more than 5 years.

(2) Establishment of consultation process by the Secretary

Not later than 1 year after October 30, 2000, the Secretary

shall establish a consultation process that, on an ongoing basis,

allows the Secretary to identify and address, through

supplemental grants authorized under paragraph (1), training

initiatives related to the unmet needs of individuals with

developmental disabilities and their families.

In order to strengthen and support the national network of

Centers, the Secretary may enter into 1 or more cooperative

agreements or contracts to -

(1) assist in national and international dissemination of

specific information from multiple Centers and, in appropriate

cases, other entities whose work affects the lives of individuals

with developmental disabilities;

(2) compile, analyze, and disseminate state-of-the-art

training, research, and demonstration results policies, and

practices from multiple Centers and, in appropriate cases, other

entities whose work affects the lives of persons with

developmental disabilities;

(3) convene experts from multiple Centers to discuss and make

recommendations with regard to national emerging needs of

individuals with developmental disabilities;

(4)(A) develop portals that link users with every Center's

website; and

(B) facilitate electronic information sharing using

state-of-the-art Internet technologies such as real-time online

discussions, multipoint video conferencing, and web-based

audio/video broadcasts, on emerging topics that impact

individuals with disabilities and their families;

(5) serve as a research-based resource for Federal and State

policymakers on information concerning and issues impacting

individuals with developmental disabilities and entities that

assist or serve those individuals; or

(6) undertake any other functions that the Secretary determines

to be appropriate;

to promote the viability and use of the resources and expertise of

the Centers nationally and internationally.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 153, Oct. 30, 2000, 114 Stat.

1720.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15061, 15062, 15064,

15066, 15083 of this title.

-End-

-CITE-

42 USC Sec. 15064 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part D - National Network of University Centers for Excellence in

Developmental Disabilities Education, Research, and

Service

-HEAD-

Sec. 15064. Applications

-STATUTE-

(a) Applications for core Center grants

(1) In general

To be eligible to receive a grant under section 15061(a) of

this title for a Center, an entity shall submit to the Secretary,

and obtain approval of, an application at such time, in such

manner, and containing such information, as the Secretary may

require.

(2) Application contents

Each application described in paragraph (1) shall describe a

5-year plan, including a projected goal related to 1 or more

areas of emphasis for each of the core functions described in

section 15063(a) of this title.

(3) Assurances

The application shall be approved by the Secretary only if the

application contains or is supported by reasonable assurances

that the entity designated as the Center will -

(A) meet regulatory standards as established by the Secretary

for Centers;

(B) address the projected goals, and carry out goal-related

activities, based on data driven strategic planning and in a

manner consistent with the objectives of this part, that -

(i) are developed in collaboration with the consumer

advisory committee established pursuant to subparagraph (E);

(ii) are consistent with, and to the extent feasible

complement and further, the Council goals contained in the

State plan submitted under section 15024 of this title and

the system goals established under section 15043 of this

title; and

(iii) will be reviewed and revised annually as necessary to

address emerging trends and needs;

supplement, and not supplant, the funds that would otherwise be

made available for activities described in section 15063(a) of

this title;

(D) protect, consistent with the policy specified in section

15001(c) of this title (relating to rights of individuals with

developmental disabilities), the legal and human rights of all

individuals with developmental disabilities (especially those

individuals under State guardianship) who are involved in

activities carried out under programs assisted under this part;

(E) establish a consumer advisory committee -

(i) of which a majority of the members shall be individuals

with developmental disabilities and family members of such

individuals;

(ii) that is comprised of -

(I) individuals with developmental disabilities and

related disabilities;

(II) family members of individuals with developmental

disabilities;

(III) a representative of the State protection and

advocacy system;

(IV) a representative of the State Council on

Developmental Disabilities;

(V) a representative of a self-advocacy organization

described in section 15024(c)(4)(A)(ii)(I) of this title;

and

(VI) representatives of organizations that may include

parent training and information centers assisted under

section 1482 or 1483 of title 20, entities carrying out

activities authorized under section 3011 or 3012 of title

29, relevant State agencies, and other community groups

concerned with the welfare of individuals with

developmental disabilities and their families;

(iii) that reflects the racial and ethnic diversity of the

State; and

(iv) that shall -

(I) consult with the Director of the Center regarding the

development of the 5-year plan, and shall participate in an

annual review of, and comment on, the progress of the

Center in meeting the projected goals contained in the

plan, and shall make recommendations to the Director of the

Center regarding any proposed revisions of the plan that

might be necessary; and

(II) meet as often as necessary to carry out the role of

the committee, but at a minimum twice during each grant

year;

(F) to the extent possible, utilize the infrastructure and

resources obtained through funds made available under the grant

to leverage additional public and private funds to successfully

achieve the projected goals developed in the 5-year plan;

(G)(i) have a director with appropriate academic credentials,

demonstrated leadership, expertise regarding developmental

disabilities, significant experience in managing grants and

contracts, and the ability to leverage public and private

funds; and

(ii) allocate adequate staff time to carry out activities

related to each of the core functions described in section

15063(a) of this title; and

(H) educate, and disseminate information related to the

purpose of this subchapter to, the legislature of the State in

which the Center is located, and to Members of Congress from

such State.

(b) Supplemental grant applications pertaining to national training

initiatives in critical and emerging needs

To be eligible to receive a supplemental grant under section

15061(b) of this title, a Center may submit a supplemental

application to the Secretary at such time, in such manner, and

containing such information as the Secretary may require, pursuant

to the terms and conditions set by the Secretary consistent with

section 15063(b) of this title.

(1) In general

The Secretary shall require that all applications submitted

under this part be subject to technical and qualitative review by

peer review groups established under paragraph (2). The Secretary

may approve an application under this part only if such

application has been recommended by a peer review group that has

conducted the peer review required under this paragraph. In

conducting the review, the group may conduct onsite visits or

inspections of related activities as necessary.

(2) Establishment of peer review groups

(A) In general

The Secretary, acting through the Commissioner of the

Administration on Developmental Disabilities, may,

notwithstanding -

(i) the provisions of title 5 concerning appointments to

the competitive service; and

(ii) the provisions of chapter 51, and subchapter III of

chapter 53 of title 5 concerning classification and General

Schedule pay rates;

establish such peer review groups and appoint and set the rates

of pay of members of such groups.

(B) Composition

Each peer review group shall include such individuals with

disabilities and parents, guardians, or advocates of or for

individuals with developmental disabilities, as are necessary

to carry out this subsection.

(3) Waivers of approval

The Secretary may waive the provisions of paragraph (1) with

respect to review and approval of an application if the Secretary

determines that exceptional circumstances warrant such a waiver.

(d) Federal share

(1) In general

The Federal share of the cost of administration or operation of

a Center, or the cost of carrying out a training initiative,

supported by a grant made under this part may not be more than 75

percent of the necessary cost of such project, as determined by

the Secretary.

(2) Urban or rural poverty areas

In the case of a project whose activities or products target

individuals with developmental disabilities who live in an urban

or rural poverty area, as determined by the Secretary, the

Federal share of the cost of the project may not be more than 90

percent of the necessary costs of the project, as determined by

the Secretary.

(3) Grant expenditures

For the purpose of determining the Federal share with respect

to the project, expenditures on that project by a political

subdivision of a State or by a public or private entity shall,

subject to such limitations and conditions as the Secretary may

by regulation prescribe under section 15004(b) of this title, be

considered to be expenditures made by a Center under this part.

(e) Annual report

Each Center shall annually prepare and transmit to the Secretary

a report containing -

(1) information on progress made in achieving the projected

goals of the Center for the previous year, including -

(A) the extent to which the goals were achieved;

(B) a description of the strategies that contributed to

achieving the goals;

description of factors that impeded the achievement; and

(D) an accounting of the manner in which funds paid to the

Center under this part for a fiscal year were expended;

(2) information on proposed revisions to the goals; and

(3) a description of successful efforts to leverage funds,

other than funds made available under this part, to pursue goals

consistent with this part.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 154, Oct. 30, 2000, 114 Stat.

1722.)

-REFTEXT-

REFERENCES IN TEXT

Provisions of title 5 governing appointments in competitive

service, referred to in subsec. (c)(2)(A)(i), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

-End-

-CITE-

42 USC Sec. 15065 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part D - National Network of University Centers for Excellence in

Developmental Disabilities Education, Research, and

Service

-HEAD-

Sec. 15065. Definition

-STATUTE-

In this part, the term "State" means each of the several States

of the United States, the District of Columbia, the Commonwealth of

Puerto Rico, the United States Virgin Islands, and Guam.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 155, Oct. 30, 2000, 114 Stat.

1725.)

-End-

-CITE-

42 USC Sec. 15066 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part D - National Network of University Centers for Excellence in

Developmental Disabilities Education, Research, and

Service

-HEAD-

Sec. 15066. Authorization of appropriations

-STATUTE-

(a) Authorization and reservations

(1) Authorization

There are authorized to be appropriated to carry out this part

(other than section 15063(c)(4) of this title) $30,000,000 for

fiscal year 2001 and such sums as may be necessary for each of

fiscal years 2002 through 2007.

(2) Reservation for training initiatives

From any amount appropriated for a fiscal year under paragraph

(1) and remaining after each Center described in section 15062(a)

of this title has received a grant award of not less than

$500,000, as described in section 15062 of this title, the

Secretary shall reserve funds for the training initiatives

authorized under section 15063(b) of this title.

(3) Reservation for technical assistance

(A) Years before appropriation trigger

For any covered year, the Secretary shall reserve funds in

accordance with section 15083(c) of this title to fund

technical assistance activities under section 15063(c) of this

title (other than section 15063(c)(4) of this title).

(B) Years after appropriation trigger

For any fiscal year that is not a covered year, the Secretary

shall reserve not less than $300,000 and not more than 2

percent of the amount appropriated under paragraph (1) to fund

technical assistance activities under section 15063(c) of this

title (other than section 15063(c)(4) of this title).

In this paragraph, the term "covered year" means a fiscal

year prior to the first fiscal year for which the amount

appropriated under paragraph (1) is not less than $20,000,000.

(b) Limitation

The Secretary may not use, for peer review or other activities

directly related to peer review conducted under this part -

(1) for fiscal year 2001, more than $300,000 of the funds made

available under subsection (a) of this section; and

(2) for any succeeding fiscal year, more than the amount of

funds used for the peer review and related activities in fiscal

year 2001, adjusted to take into account the most recent

percentage change in the Consumer Price Index published by the

Secretary of Labor under section 720(c)(1) of title 29 (if the

percentage change indicates an increase).

-SOURCE-

(Pub. L. 106-402, title I, Sec. 156, Oct. 30, 2000, 114 Stat.

1725.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15061, 15062, 15081,

15083 of this title.

-End-

-CITE-

42 USC Part E - Projects of National Significance 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part E - Projects of National Significance

-HEAD-

PART E - PROJECTS OF NATIONAL SIGNIFICANCE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 14403, 15004, 15005 of this

title.

-End-

-CITE-

42 USC Sec. 15081 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part E - Projects of National Significance

-HEAD-

Sec. 15081. Purpose

-STATUTE-

The purpose of this part is to provide grants, contracts, or

cooperative agreements for projects of national significance that -

(1) create opportunities for individuals with developmental

disabilities to directly and fully contribute to, and participate

in, all facets of community life; and

(2) support the development of national and State policies that

reinforce and promote, with the support of families, guardians,

advocates, and communities, of individuals with developmental

disabilities, the self-determination, independence, productivity,

and integration and inclusion in all facets of community life of

such individuals through -

(A) family support activities;

(B) data collection and analysis;

D of this subchapter, subject to the limitations described in

sections 15029(b), 15066(a)(3), and 15083(c) of this title; and

(D) other projects of sufficient size and scope that hold

promise to expand or improve opportunities for such

individuals, including -

(i) projects that provide technical assistance for the

development of information and referral systems;

(ii) projects that provide technical assistance to

self-advocacy organizations of individuals with developmental

disabilities;

(iii) projects that provide education for policymakers;

(iv) Federal interagency initiatives;

(v) projects that enhance the participation of racial and

ethnic minorities in public and private sector initiatives in

developmental disabilities;

(vi) projects that provide aid to transition youth with

developmental disabilities from school to adult life,

especially in finding employment and postsecondary education

opportunities and in upgrading and changing any assistive

technology devices that may be needed as a youth matures;

(vii) initiatives that address the development of community

quality assurance systems and the training related to the

development, implementation, and evaluation of such systems,

including training of individuals with developmental

disabilities and their families;

(viii) initiatives that address the needs of aging

individuals with developmental disabilities and aging

caregivers of adults with developmental disabilities in the

community;

(ix) initiatives that create greater access to and use of

generic services systems, community organizations, and

associations, and initiatives that assist in community

economic development;

(x) initiatives that create access to increased living

options;

(xi) initiatives that address the challenging behaviors of

individuals with developmental disabilities, including

initiatives that promote positive alternatives to the use of

restraints and seclusion; and

(xii) initiatives that address other areas of emerging

need.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 161, Oct. 30, 2000, 114 Stat.

1725.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15082, 15083 of this

title.

-End-

-CITE-

42 USC Sec. 15082 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part E - Projects of National Significance

-HEAD-

Sec. 15082. Grant authority

-STATUTE-

(a) In general

The Secretary shall award grants, contracts, or cooperative

agreements to public or private nonprofit entities for projects of

national significance relating to individuals with developmental

disabilities to carry out activities described in section 15081(2)

of this title.

(b) Federal interagency initiatives

(1) In general

(A) Authority

The Secretary may -

(i) enter into agreements with Federal agencies to jointly

carry out activities described in section 15081(2) of this

title or to jointly carry out activities of common interest

related to the objectives of such section; and

(ii) transfer to such agencies for such purposes funds

appropriated under this part, and receive and use funds from

such agencies for such purposes.

(B) Relation to program purposes

Funds transferred or received pursuant to this paragraph

shall be used only in accordance with statutes authorizing the

appropriation of such funds. Such funds shall be made available

through grants, contracts, or cooperative agreements only to

recipients eligible to receive such funds under such statutes.

If the Secretary enters into an agreement under this

subsection for the administration of a jointly funded project -

(i) the agreement shall specify which agency's procedures

shall be used to award grants, contracts, or cooperative

agreements and to administer such awards;

(ii) the participating agencies may develop a single set of

criteria for the jointly funded project, and may require

applicants to submit a single application for joint review by

such agencies; and

(iii) unless the heads of the participating agencies

develop joint eligibility requirements, an applicant for an

award for the project shall meet the eligibility requirements

of each program involved.

(2) Limitation

The Secretary may not construe the provisions of this

subsection to take precedence over a limitation on joint funding

contained in an applicable statute.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 162, Oct. 30, 2000, 114 Stat.

1727.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15083 of this title.

-End-

-CITE-

42 USC Sec. 15083 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL

DISABILITIES

Part E - Projects of National Significance

-HEAD-

Sec. 15083. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out the projects

specified in this section $16,000,000 for fiscal year 2001, and

such sums as may be necessary for each of fiscal years 2002 through

2007.

(b) Use of funds

(1) Grants, contracts, and agreements

Except as provided in paragraph (2), the amount appropriated

under subsection (a) of this section for each fiscal year shall

be used to award grants, or enter into contracts, cooperative

agreements, or other agreements, under section 15082 of this

title.

(2) Administrative costs

Not more than 1 percent of the amount appropriated under

subsection (a) of this section for each fiscal year may be used

to provide for the administrative costs (other than compensation

of Federal employees) of the Administration on Developmental

Disabilities for administering this part and parts B, C, and D of

this subchapter, including monitoring the performance of and

providing technical assistance to, entities that receive funds

under this subchapter.

(1) In general

For each covered year, the Secretary shall expend, to provide

technical assistance for entities funded under part B or D of

this subchapter, an amount from funds appropriated under

subsection (a) of this section that is not less than the amount

the Secretary expended on technical assistance for entities

funded under that part (or a corresponding provision) in the

previous fiscal year.

(2) Covered year

In this subsection, the term "covered year" means -

(A) in the case of an expenditure for entities funded under

part B of this subchapter, a fiscal year for which the amount

appropriated under section 15029(a) of this title is less than

$76,000,000; and

(B) in the case of an expenditure for entities funded under

part D of this subchapter, a fiscal year prior to the first

fiscal year for which the amount appropriated under section

15066(a)(1) of this title is not less than $20,000,000.

(3) References

References in this subsection to part D of this subchapter

shall not be considered to include section 15063(c)(4) of this

title.

(d) Technical assistance on electronic information sharing

In addition to any funds reserved under subsection (c) of this

section, the Secretary shall reserve $100,000 from the amount

appropriated under subsection (a) of this section for each fiscal

year to carry out section 15063(c)(4) of this title.

(e) Limitation

For any fiscal year for which the amount appropriated under

subsection (a) of this section is not less than $10,000,000, not

more than 50 percent of such amount shall be used for activities

carried out under section 15081(2)(A) of this title.

-SOURCE-

(Pub. L. 106-402, title I, Sec. 163, Oct. 30, 2000, 114 Stat.

1727.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15029, 15061, 15066,

15081 of this title.

-End-

-CITE-

42 USC SUBCHAPTER II - FAMILY SUPPORT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER II - FAMILY SUPPORT

-HEAD-

SUBCHAPTER II - FAMILY SUPPORT

-End-

-CITE-

42 USC Sec. 15091 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER II - FAMILY SUPPORT

-HEAD-

Sec. 15091. Findings, purposes, and policy

-STATUTE-

(a) Findings

Congress makes the following findings:

(1) It is in the best interest of our Nation to preserve,

strengthen, and maintain the family.

(2) Families of children with disabilities provide support,

care, and training to their children that can save States

millions of dollars. Without the efforts of family caregivers,

many persons with disabilities would receive care through

State-supported out-of-home placements.

(3) Most families of children with disabilities, especially

families in unserved and underserved populations, do not have

access to family-centered and family-directed services to support

such families in their efforts to care for such children at home.

(4) Medical advances and improved health care have increased

the life span of many people with disabilities, and the

combination of the longer life spans and the aging of family

caregivers places a continually increasing demand on the finite

service delivery systems of the States.

(5) In 1996, 49 States provided family support initiatives in

response to the needs of families of children with disabilities.

Such initiatives included the provision of cash subsidies,

respite care, and other forms of support. There is a need in each

State, however, to strengthen, expand, and coordinate the

activities of a system of family support services for families of

children with disabilities that is easily accessible, avoids

duplication, uses resources efficiently, and prevents gaps in

services to families in all areas of the State.

(6) The goals of the Nation properly include the goal of

providing to families of children with disabilities the family

support services necessary -

(A) to support the family;

(B) to enable families of children with disabilities to

nurture and enjoy their children at home;

informed choices and decisions regarding the nature of

supports, resources, services, and other assistance made

available to such families; and

(D) to support family caregivers of adults with disabilities.

(b) Purposes

The purposes of this subchapter are -

(1) to promote and strengthen the implementation of

comprehensive State systems of family support services, for

families with children with disabilities, that are

family-centered and family-directed, and that provide families

with the greatest possible decisionmaking authority and control

regarding the nature and use of services and support;

(2) to promote leadership by families in planning, policy

development, implementation, and evaluation of family support

services for families of children with disabilities;

(3) to promote and develop interagency coordination and

collaboration between agencies responsible for providing the

services; and

(4) to increase the availability of, funding for, access to,

and provision of family support services for families of children

with disabilities.

It is the policy of the United States that all programs,

projects, and activities funded under this subchapter shall be

family-centered and family-directed, and shall be provided in a

manner consistent with the goal of providing families of children

with disabilities with the support the families need to raise their

children at home.

-SOURCE-

(Pub. L. 106-402, title II, Sec. 202, Oct. 30, 2000, 114 Stat.

1728.)

-MISC1-

SHORT TITLE

For short title of this subchapter as the "Families of Children

With Disabilities Support Act of 2000", see section 201 of Pub. L.

106-402, set out as a note under section 15001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15098, 15100 of this

title.

-End-

-CITE-

42 USC Sec. 15092 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER II - FAMILY SUPPORT

-HEAD-

Sec. 15092. Definitions and special rule

-STATUTE-

(a) Definitions

In this subchapter:

(1) Child with a disability

The term "child with a disability" means an individual who -

(A) has a significant physical or mental impairment, as

defined pursuant to State policy to the extent that such policy

is established without regard to type of disability; or

(B) is an infant or a young child from birth through age 8

and has a substantial developmental delay or specific

congenital or acquired condition that presents a high

probability of resulting in a disability if services are not

provided to the infant or child.

(2) Family

(A) In general

Subject to subparagraph (B), for purposes of the application

of this subchapter in a State, the term "family" has the

meaning given the term by the State.

(B) Exclusion of employees

The term does not include an employee who, acting in a paid

employment capacity, provides services to a child with a

disability in an out-of-home setting such as a hospital,

nursing home, personal care home, board and care home, group

home, or other facility.

(3) Family support for families of children with disabilities

The term "family support for families of children with

disabilities" means supports, resources, services, and other

assistance provided to families of children with disabilities

pursuant to State policy that are designed to -

(A) support families in the efforts of such families to raise

their children with disabilities in the home;

(B) strengthen the role of the family as primary caregiver

for such children;

children and maintain family unity; and

(D) reunite families with children with disabilities who have

been placed out of the home, whenever possible.

(4) Secretary

The term "Secretary" means the Secretary of Health and Human

Services.

(5) State

The term "State" means each of the 50 States of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico, the United States Virgin Islands, Guam, American Samoa, and

the Commonwealth of the Northern Mariana Islands.

(6) Systems change activities

The term "systems change activities" means efforts that result

in laws, regulations, policies, practices, or organizational

structures -

(A) that are family-centered and family-directed;

(B) that facilitate and increase access to, provision of, and

funding for, family support services for families of children

with disabilities; and

subchapter.

(b) Special rule

References in this subchapter to a child with a disability shall

be considered to include references to an individual who is not

younger than age 18 who -

(1) has a significant impairment described in subsection

(a)(1)(A) of this section; and

(2) is residing with and receiving assistance from a family

member.

-SOURCE-

(Pub. L. 106-402, title II, Sec. 203, Oct. 30, 2000, 114 Stat.

1729.)

-End-

-CITE-

42 USC Sec. 15093 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER II - FAMILY SUPPORT

-HEAD-

Sec. 15093. Grants to States

-STATUTE-

(a) In general

The Secretary shall make grants to States on a competitive basis,

in accordance with the provisions of this subchapter, to support

systems change activities designed to assist States to develop and

implement, or expand and enhance, a statewide system of family

support services for families of children with disabilities that

accomplishes the purposes of this subchapter.

(b) Award period and grant limitation

No grant shall be awarded under this section for a period of more

than 3 years. No State shall be eligible for more than 1 grant

under this section.

(1) Grants to States

(A) Federal matching share

From amounts appropriated under section 15101(a) of this

title, the Secretary shall pay to each State that has an

application approved under section 15094 of this title, for

each year of the grant period, an amount that is -

(i) equal to not more than 75 percent of the cost of the

systems change activities to be carried out by the State; and

(ii) not less than $100,000 and not more than $500,000.

(B) Non-Federal share

The non-Federal share of the cost of the systems change

activities may be in cash or in kind, fairly evaluated,

including plant, equipment, or services.

(2) Calculation of amounts

The Secretary shall calculate a grant amount described in

paragraph (1) on the basis of -

(A) the amounts available for making grants under this

section; and

(B) the child population of the State concerned.

(d) Priority for previously participating States

For the second and third fiscal years for which amounts are

appropriated to carry out this section, the Secretary, in providing

payments under this section, shall give priority to States that

received payments under this section during the preceding fiscal

year.

(e) Priorities for distribution

To the extent practicable, the Secretary shall award grants to

States under this section in a manner that -

(1) is geographically equitable;

(2) distributes the grants among States that have differing

levels of development of statewide systems of family support

services for families of children with disabilities; and

(3) distributes the grants among States that attempt to meet

the needs of unserved and underserved populations, such as

individuals from racial and ethnic minority backgrounds,

disadvantaged individuals, individuals with limited English

proficiency, and individuals from underserved geographic areas

(rural or urban).

-SOURCE-

(Pub. L. 106-402, title II, Sec. 204, Oct. 30, 2000, 114 Stat.

1730.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15095, 15096 of this

title.

-End-

-CITE-

42 USC Sec. 15094 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER II - FAMILY SUPPORT

-HEAD-

Sec. 15094. Application

-STATUTE-

To be eligible to receive a grant under this subchapter, a State

shall submit an application to the Secretary at such time, in such

manner, and containing such information and assurances as the

Secretary may require, including information about the designation

of a lead entity, a description of available State resources, and

assurances that systems change activities will be family-centered

and family-directed.

-SOURCE-

(Pub. L. 106-402, title II, Sec. 205, Oct. 30, 2000, 114 Stat.

1731.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15093, 15095 of this

title.

-End-

-CITE-

42 USC Sec. 15095 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER II - FAMILY SUPPORT

-HEAD-

Sec. 15095. Designation of the lead entity

-STATUTE-

(a) Designation

The Chief Executive Officer of a State that desires to receive a

grant under section 15093 of this title, shall designate the office

or entity (referred to in this subchapter as the "lead entity")

responsible for -

(1) submitting the application described in section 15094 of

this title on behalf of the State;

(2) administering and supervising the use of the amounts made

available under the grant;

(3) coordinating efforts related to and supervising the

preparation of the application;

(4) coordinating the planning, development, implementation (or

expansion and enhancement), and evaluation of a statewide system

of family support services for families of children with

disabilities among public agencies and between public agencies

and private agencies, including coordinating efforts related to

entering into interagency agreements;

(5) coordinating efforts related to the participation by

families of children with disabilities in activities carried out

under a grant made under this subchapter; and

(6) submitting the report described in section 15097 of this

title on behalf of the State.

(b) Qualifications

In designating the lead entity, the Chief Executive Officer may

designate -

(1) an office of the Chief Executive Officer;

(2) a commission appointed by the Chief Executive Officer;

(3) a public agency;

(4) a council established under Federal or State law; or

(5) another appropriate office, agency, or entity.

-SOURCE-

(Pub. L. 106-402, title II, Sec. 206, Oct. 30, 2000, 114 Stat.

1731.)

-End-

-CITE-

42 USC Sec. 15096 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER II - FAMILY SUPPORT

-HEAD-

Sec. 15096. Authorized activities

-STATUTE-

(a) In general

A State that receives a grant under section 15093 of this title

shall use the funds made available through the grant to carry out

systems change activities that accomplish the purposes of this

subchapter.

(b) Special rule

In carrying out activities authorized under this subchapter, a

State shall ensure that such activities address the needs of

families of children with disabilities from unserved or underserved

populations.

-SOURCE-

(Pub. L. 106-402, title II, Sec. 207, Oct. 30, 2000, 114 Stat.

1732.)

-End-

-CITE-

42 USC Sec. 15097 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER II - FAMILY SUPPORT

-HEAD-

Sec. 15097. Reporting

-STATUTE-

A State that receives a grant under this subchapter shall prepare

and submit to the Secretary, at the end of the grant period, a

report containing the results of State efforts to develop and

implement, or expand and enhance, a statewide system of family

support services for families of children with disabilities.

-SOURCE-

(Pub. L. 106-402, title II, Sec. 208, Oct. 30, 2000, 114 Stat.

1732.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15095 of this title.

-End-

-CITE-

42 USC Sec. 15098 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER II - FAMILY SUPPORT

-HEAD-

Sec. 15098. Technical assistance

-STATUTE-

(a) In general

The Secretary shall enter into contracts or cooperative

agreements with appropriate public or private agencies and

organizations, including institutions of higher education, with

documented experience, expertise, and capacity, for the purpose of

providing technical assistance and information with respect to the

development and implementation, or expansion and enhancement, of a

statewide system of family support services for families of

children with disabilities.

(b) Purpose

An agency or organization that provides technical assistance and

information under this section in a State that receives a grant

under this subchapter shall provide the technical assistance and

information to the lead entity of the State, family members of

children with disabilities, organizations, service providers, and

policymakers involved with children with disabilities and their

families. Such an agency or organization may also provide technical

assistance and information to a State that does not receive a grant

under this subchapter.

An entity providing technical assistance and information under

this section shall prepare and submit to the Secretary periodic

reports regarding Federal policies and procedures identified within

the States that facilitate or impede the delivery of family support

services to families of children with disabilities. The report

shall include recommendations to the Secretary regarding the

delivery of services, coordination with other programs, and

integration of the policies described in section 15091 of this

title in Federal law, other than this subchapter.

-SOURCE-

(Pub. L. 106-402, title II, Sec. 209, Oct. 30, 2000, 114 Stat.

1732.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15101 of this title.

-End-

-CITE-

42 USC Sec. 15099 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER II - FAMILY SUPPORT

-HEAD-

Sec. 15099. Evaluation

-STATUTE-

(a) In general

The Secretary shall conduct a national evaluation of the program

of grants to States authorized by this subchapter.

(b) Purpose

(1) In general

The Secretary shall conduct the evaluation under subsection (a)

of this section to assess the status and effects of State efforts

to develop and implement, or expand and enhance, statewide

systems of family support services for families of children with

disabilities in a manner consistent with the provisions of this

subchapter. In particular, the Secretary shall assess the impact

of such efforts on families of children with disabilities, and

recommend amendments to this subchapter that are necessary to

assist States to accomplish fully the purposes of this

subchapter.

(2) Information systems

The Secretary shall work with the States to develop an

information system designed to compile and report, from

information provided by the States, qualitative and quantitative

descriptions of the impact of the program of grants to States

authorized by this subchapter on -

(A) families of children with disabilities, including

families from unserved and underserved populations;

(B) access to and funding for family support services for

families of children with disabilities;

agencies responsible for providing the services; and

(D) the involvement of families of children with disabilities

at all levels of the statewide systems.

Not later than 2 1/2 years after October 30, 2000, the Secretary

shall prepare and submit to the appropriate committees of Congress

a report concerning the results of the evaluation conducted under

this section.

-SOURCE-

(Pub. L. 106-402, title II, Sec. 210, Oct. 30, 2000, 114 Stat.

1733.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15101 of this title.

-End-

-CITE-

42 USC Sec. 15100 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER II - FAMILY SUPPORT

-HEAD-

Sec. 15100. Projects of national significance

-STATUTE-

(a) Study by the Secretary

The Secretary shall review Federal programs to determine the

extent to which such programs facilitate or impede access to,

provision of, and funding for family support services for families

of children with disabilities, consistent with the policies

described in section 15091 of this title.

(b) Projects of national significance

The Secretary shall make grants or enter into contracts for

projects of national significance to support the development of

national and State policies and practices related to the

development and implementation, or expansion and enhancement, of

family-centered and family-directed systems of family support

services for families of children with disabilities.

-SOURCE-

(Pub. L. 106-402, title II, Sec. 211, Oct. 30, 2000, 114 Stat.

1733.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15101 of this title.

-End-

-CITE-

42 USC Sec. 15101 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER II - FAMILY SUPPORT

-HEAD-

Sec. 15101. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this

subchapter such sums as may be necessary for each of fiscal years

2001 through 2007.

(b) Reservation

(1) In general

The Secretary shall reserve for each fiscal year 10 percent, or

$400,000 (whichever is greater), of the amount appropriated

pursuant to subsection (a) of this section to carry out -

(A) section 15098 of this title (relating to the provision of

technical assistance and information to States); and

(B) section 15099 of this title (relating to the conduct of

evaluations).

(2) Special rule

For each year that the amount appropriated pursuant to

subsection (a) of this section is $10,000,000 or greater, the

Secretary may reserve 5 percent of such amount to carry out

section 15100 of this title.

-SOURCE-

(Pub. L. 106-402, title II, Sec. 212, Oct. 30, 2000, 114 Stat.

1734.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15093 of this title.

-End-

-CITE-

42 USC SUBCHAPTER III - PROGRAM FOR DIRECT SUPPORT

WORKERS WHO ASSIST INDIVIDUALS WITH

DEVELOPMENTAL DISABILITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER III - PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST

INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

-HEAD-

SUBCHAPTER III - PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST

INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

-End-

-CITE-

42 USC Sec. 15111 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER III - PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST

INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

-HEAD-

Sec. 15111. Findings

-STATUTE-

Congress finds that -

(1) direct support workers, especially young adults, have

played essential roles in providing the support needed by

individuals with developmental disabilities and expanding

community options for those individuals;

(2) 4 factors have contributed to a decrease in the available

pool of direct support workers, specifically -

(A) the small population of individuals who are age 18

through 25, an age group that has been attracted to direct

support work in the past;

(B) the rapid expansion of the service sector, which attracts

individuals who previously would have elected to pursue

employment as direct support workers;

pace with wages in other service sectors; and

(D) the lack of quality training and career advancement

opportunities available to direct support workers; and

(3) individuals with developmental disabilities benefit from

assistance from direct support workers who are well trained, and

benefit from receiving services from professionals who have spent

time as direct support workers.

-SOURCE-

(Pub. L. 106-402, title III, Sec. 301, Oct. 30, 2000, 114 Stat.

1734.)

-End-

-CITE-

42 USC Sec. 15112 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER III - PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST

INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

-HEAD-

Sec. 15112. Definitions

-STATUTE-

In this subchapter:

(1) Developmental disability

The term "developmental disability" has the meaning given the

term in section 15002 of this title.

(2) Institution of higher education

The term "institution of higher education" has the meaning

given the term in section 1141 (!1) of title 20.

(3) Secretary

The term "Secretary" means the Secretary of Health and Human

Services.

-SOURCE-

(Pub. L. 106-402, title III, Sec. 302, Oct. 30, 2000, 114 Stat.

1734.)

-REFTEXT-

REFERENCES IN TEXT

Section 1141 of title 20, referred to in par. (2), was repealed

by Pub. L. 105-244, Sec. 3, title I, Sec. 101(b), title VII, Sec.

702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1,

1998. However, the term "institution of higher education" is

defined in section 1001 of Title 20, Education.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 15113 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER III - PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST

INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

-HEAD-

Sec. 15113. Reaching up scholarship program

-STATUTE-

(a) Program authorization

The Secretary may award grants to eligible entities, on a

competitive basis, to enable the entities to carry out scholarship

programs by providing vouchers for postsecondary education to

direct support workers who assist individuals with developmental

disabilities residing in diverse settings. The Secretary shall

award the grants to pay for the Federal share of the cost of

providing the vouchers.

(b) Eligible entity

To be eligible to receive a grant under this section, an entity

shall be -

(1) an institution of higher education;

(2) a State agency; or

(3) a consortium of such institutions or agencies.

To be eligible to receive a grant under this section, an eligible

entity shall submit to the Secretary an application at such time,

in such manner, and containing such information as the Secretary

may require, including a description of -

(1) the basis for awarding the vouchers;

(2) the number of individuals to receive the vouchers; and

(3) the amount of funds that will be made available by the

eligible entity to pay for the non-Federal share of the cost of

providing the vouchers.

(d) Selection criteria

In awarding a grant under this section for a scholarship program,

the Secretary shall give priority to an entity submitting an

application that -

(1) specifies that individuals who receive vouchers through the

program will be individuals -

(A) who are direct support workers who assist individuals

with developmental disabilities residing in diverse settings,

while pursuing postsecondary education; and

(B) each of whom verifies, prior to receiving the voucher,

that the worker has completed 250 hours as a direct support

worker in the past 90 days;

(2) states that the vouchers that will be provided through the

program will be in amounts of not more than $2,000 per year;

(3) provides an assurance that the eligible entity (or another

specified entity that is not a voucher recipient) will contribute

the non-Federal share of the cost of providing the vouchers; and

(4) meets such other conditions as the Secretary may specify.

(e) Federal share

The Federal share of the cost of providing the vouchers shall be

not more than 80 percent.

-SOURCE-

(Pub. L. 106-402, title III, Sec. 303, Oct. 30, 2000, 114 Stat.

1735.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15115 of this title.

-End-

-CITE-

42 USC Sec. 15114 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER III - PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST

INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

-HEAD-

Sec. 15114. Staff development curriculum authorization

-STATUTE-

(a) Funding

(1) In general

The Secretary shall award funding, on a competitive basis,

through a grant, cooperative agreement, or contract, to a public

or private entity or a combination of such entities, for the

development, evaluation, and dissemination of a staff development

curriculum, and related guidelines, for computer-assisted,

competency-based, multimedia, interactive instruction, relating

to service as a direct support worker.

(2) Participants

The curriculum shall be developed for individuals who -

(A) seek to become direct support workers who assist

individuals with developmental disabilities or are such direct

support workers; and

(B) seek to upgrade their skills and competencies related to

being a direct support worker.

(b) Application requirements

To be eligible to receive an award under this section, an entity

shall submit to the Secretary an application at such time, in such

manner, and containing such information as the Secretary may

require, including -

(1) a comprehensive analysis of the content of direct support

roles;

(2) information identifying an advisory group that -

(A) is comprised of individuals with experience and expertise

with regard to the support provided by direct support workers,

and effective ways to provide the support, for individuals with

developmental disabilities in diverse settings; and

(B) will advise the entity throughout the development,

evaluation, and dissemination of the staff development

curriculum and guidelines;

(3) information describing how the entity will -

(A) develop, field test, and validate a staff development

curriculum that -

(i) relates to the appropriate reading level for direct

service workers who assist individuals with disabilities;

(ii) allows for multiple levels of instruction;

(iii) provides instruction appropriate for direct support

workers who work in diverse settings; and

(iv) is consistent with subsections (b) and (c) of section

15001 of this title and section 15009 of this title;

(B) develop, field test, and validate guidelines for the

organizations that use the curriculum that provide for -

(i) providing necessary technical and instructional support

to trainers and mentors for the participants;

(ii) ensuring easy access to and use of such curriculum by

workers that choose to participate in using, and agencies

that choose to use, the curriculum;

(iii) evaluating the proficiency of the participants with

respect to the content of the curriculum;

(iv) providing necessary support to the participants to

assure that the participants have access to, and proficiency

in using, a computer in order to participate in the

development, testing, and validation process;

(v) providing necessary technical and instructional support

to trainers and mentors for the participants in conjunction

with the development, testing, and validation process;

(vi) addressing the satisfaction of participants,

individuals with developmental disabilities and their

families, providers of services for such individuals and

families, and other relevant entities with the curriculum;

and

(vii) developing methods to maintain a record of the

instruction completed, and the content mastered, by each

participant under the curriculum; and

including dissemination through -

(i) parent training and information centers funded under

part D of the Individuals with Disabilities Education Act (20

U.S.C. 1451 et seq.);

(ii) community-based organizations of and for individuals

with developmental disabilities and their families;

(iii) entities funded under subchapter I of this chapter;

(iv) centers for independent living;

(v) State educational agencies and local educational

agencies;

(vi) entities operating appropriate medical facilities;

(vii) postsecondary education entities; and

(viii) other appropriate entities; and

(4) such other information as the Secretary may require.

-SOURCE-

(Pub. L. 106-402, title III, Sec. 304, Oct. 30, 2000, 114 Stat.

1735.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (b)(3)(C)(i), is title VI of Pub. L. 91-230, Apr. 13, 1970,

84 Stat. 175, as amended. Part D of the Act is classified generally

to subchapter IV (Sec. 1451 et seq.) of chapter 33 of Title 20,

Education. For complete classification of this Act to the Code, see

section 1400 of Title 20 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15115 of this title.

-End-

-CITE-

42 USC Sec. 15115 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 144 - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS

SUBCHAPTER III - PROGRAM FOR DIRECT SUPPORT WORKERS WHO ASSIST

INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

-HEAD-

Sec. 15115. Authorization of appropriations

-STATUTE-

(a) Scholarships

There are authorized to be appropriated to carry out section

15113 of this title $800,000 for fiscal year 2001 and such sums as

may be necessary for each of fiscal years 2002 through 2007.

(b) Staff development curriculum

There are authorized to be appropriated to carry out section

15114 of this title $800,000 for fiscal year 2001 and such sums as

may be necessary for each of fiscal years 2002 and 2003.

-SOURCE-

(Pub. L. 106-402, title III, Sec. 305, Oct. 30, 2000, 114 Stat.

1737.)

-End-

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