-CITE-
    42 USC CHAPTER 144 - DEVELOPMENTAL DISABILITIES
           ASSISTANCE AND BILL OF RIGHTS                   01/02/2006

-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.                                       
                  (c)  Policy.                                        
    15002.      Definitions.                                          
    15003.      Records and audits.                                   
                  (a)  Records.                                       
                  (b)  Access.                                        
    15004.      Responsibilities of the Secretary.                    
                  (a)  Program accountability.                        
                  (b)  Time line for regulations.                     
                  (c)  Interagency committee.                         
    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.                             
                  (c)  Obligation of 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.                                
                  (c)  State plan requirements.                       
                  (d)  Public input and review, submission, and
                        approval.                                     
    15025.      State Councils on Developmental Disabilities and
                 designated State agencies.                           
                  (a)  In general.                                    
                  (b)  Council membership.                            
                  (c)  Council responsibilities.                      
                  (d)  Designated State agency.                       
    15026.      Federal and non-Federal share.                        
                  (a)  Aggregate cost.                                
                  (b)  Nonduplication.                                
                  (c)  Non-Federal share.                             
    15027.      Withholding of payments for planning, administration,
                 and services.                                        
    15028.      Appeals by States.                                    
                  (a)  Appeal.                                        
                  (b)  Filing.                                        
                  (c)  Jurisdiction.                                  
                  (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.                            
                  (c)  Unobligated funds.                             
    15043.      System required.                                      
                  (a)  System required.                               
                  (b)  American Indian consortium.                    
                  (c)  Record.                                        
    15044.      Administration.                                       
                  (a)  Governing board.                               
                  (b)  Legal action.                                  
                  (c)  Disclosure of information.                     
                  (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.                 
                  (c)  Technical assistance.                          
    15062.      Grant awards.                                         
                  (a)  Existing Centers.                              
                  (b)  Adjustments.                                   
                  (c)  National training initiatives on critical and
                        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.                               
                  (c)  Technical assistance.                          
    15064.      Applications.                                         
                  (a)  Applications for core Center grants.           
                  (b)  Supplemental grant applications pertaining to
                        national training initiatives in critical and
                        emerging needs.                               
                  (c)  Peer review.                                   
                  (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.                                  
                  (c)  Technical assistance for Councils and Centers. 
                  (d)  Technical assistance on electronic information
                        sharing.                                      
                  (e)  Limitation.                                    

                      SUBCHAPTER II - FAMILY SUPPORT                  
    15091.      Findings, purposes, and policy.                       
                  (a)  Findings.                                      
                  (b)  Purposes.                                      
                  (c)  Policy.                                        
    15092.      Definitions and special rule.                         
                  (a)  Definitions.                                   
                  (b)  Special rule.                                  
    15093.      Grants to States.                                     
                  (a)  In general.                                    
                  (b)  Award period and grant limitation.             
                  (c)  Amount of grants.                              
                  (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.                                       
                  (c)  Reports to the Secretary.                      
    15099.      Evaluation.                                           
                  (a)  In general.                                    
                  (b)  Purpose.                                       
                  (c)  Report to Congress.                            
    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.                               
                  (c)  Application requirements.                      
                  (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.                  

-End-


-CITE-
    42 USC SUBCHAPTER I - PROGRAMS FOR INDIVIDUALS WITH
           DEVELOPMENTAL DISABILITIES                      01/02/2006

-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

-End-


-CITE-
    42 USC Part A - General Provisions                          01/02/2006

-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                                           01/02/2006

-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;
          (C) pursue meaningful and productive lives;
          (D) contribute to their families, communities, and States,
        and the Nation;
          (E) have interdependent friendships and relationships with
        other persons;
          (F) live free of abuse, neglect, financial and sexual
        exploitation, and violations of their legal and human rights;
        and
          (G) achieve full integration and inclusion in society, in an
        individualized manner, consistent with the unique strengths,
        resources, priorities, concerns, abilities, and capabilities of
        each individual; and

        (17) as the Nation, States, and communities maintain and expand
      community living options for individuals with developmental
      disabilities, there is a need to evaluate the access to those
      options by individuals with developmental disabilities and the
      effects of those options on individuals with developmental
      disabilities.
    (b) Purpose
      The purpose of this 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;

          (C) to conduct research, which may include basic or applied
        research, evaluation, and the analysis of public policy in
        areas that affect or could affect, either positively or
        negatively, individuals with developmental disabilities and
        their families; and
          (D) to disseminate information related to activities
        undertaken to address the purpose of this 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
          (C) other nationally significant activities.
    (c) Policy
      It is the policy of the United States that all programs,
    projects, and activities receiving assistance under this 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'."

                  SPECIAL OLYMPICS SPORT AND EMPOWERMENT              
      Pub. L. 108-406, Oct. 30, 2004, 118 Stat. 2294, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Special Olympics Sport and
    Empowerment Act of 2004'.

      "SEC. 2. FINDINGS AND PURPOSE.
      "(a) Findings. - Congress finds the following:
        "(1) Special Olympics celebrates the possibilities of a world
      where everybody matters, everybody counts, every person has
      value, and every person has worth.
        "(2) The Government and the people of the United States
      recognize the dignity and value the giftedness of children and
      adults with an intellectual disability.
        "(3) The Government and the people of the United States are
      determined to end the isolation and stigmatization of people with
      an intellectual disability.
        "(4) For more than 36 years, Special Olympics has encouraged
      skill, sharing, courage, and joy through year-round sports
      training and athletic competition for children and adults with
      intellectual disabilities.
        "(5) Special Olympics provides year-round sports training and
      competitive opportunities to 1,500,000 athletes with intellectual
      disabilities in 26 sports and plans to expand the joy of
      participation through sport to hundreds of thousands of people
      with intellectual disabilities within the United States and
      worldwide over the next 5 years.
        "(6) Special Olympics has demonstrated its ability to provide a
      major positive effect on the quality of life of people with
      intellectual disabilities, improving their health and physical
      well-being, building their confidence and self-esteem, and giving
      them a voice to become active and productive members of their
      communities.
        "(7) In society as a whole, Special Olympics has become a
      vehicle and platform for breaking down artificial barriers,
      improving public health, changing negative attitudes in
      education, and helping athletes overcome the prejudice that
      people with intellectual disabilities face in too many places.
        "(8) The Government of the United States enthusiastically
      supports Special Olympics, recognizes its importance in improving
      the lives of people with intellectual disabilities, and
      recognizes Special Olympics as a valued and important component
      of the global community.
      "(b) Purpose. - The purposes of this Act are to - 
        "(1) provide support to Special Olympics to increase athlete
      participation in and public awareness about the Special Olympics
      movement;
        "(2) dispel negative stereotypes about people with intellectual
      disabilities;
        "(3) build athletic and family involvement through sport; and
        "(4) promote the extraordinary gifts of people with
      intellectual disabilities.

      "SEC. 3. ASSISTANCE FOR SPECIAL OLYMPICS.
      "(a) Education Activities. - The Secretary of Education may award
    grants to, or enter into contracts or cooperative agreements with,
    Special Olympics to carry out the following:
        "(1) Activities to promote the expansion of Special Olympics,
      including activities to increase the participation of individuals
      with intellectual disabilities within the United States.
        "(2) The design and implementation of Special Olympics
      education programs, including character education and volunteer
      programs that support the purposes of this Act, that can be
      integrated into classroom instruction and are consistent with
      academic content standards.
      "(b) International Activities. - The Secretary of State may award
    grants to, or enter into contracts or cooperative agreements with,
    Special Olympics to carry out the following:
        "(1) Activities to increase the participation of individuals
      with intellectual disabilities in Special Olympics outside of the
      United States.
        "(2) Activities to improve the awareness outside of the United
      States of the abilities and unique contributions that individuals
      with intellectual disabilities can make to society.
      "(c) Healthy Athletes. - 
        "(1) In general. - The Secretary of Health and Human Services
      may award grants to, or enter into contracts or cooperative
      agreements with, Special Olympics for the implementation of on-
      site health assessments, screening for health problems, health
      education, data collection, and referrals to direct health care
      services.
        "(2) Coordination. - Activities under paragraph (1) shall be
      coordinated with private health providers, existing authorized
      programs of State and local jurisdictions, or the Department of
      Health and Human Services, as applicable.
      "(d) Limitation. - Amounts appropriated to carry out this section
    shall not be used for direct treatment of diseases, medical
    conditions, or mental health conditions. Nothing in the preceding
    sentence shall be construed to limit the use of non-Federal funds
    by Special Olympics.

      "SEC. 4. APPLICATION AND ANNUAL REPORT.
      "(a) Application. - 
        "(1) In general. - To be eligible for a grant, contract, or
      cooperative agreement under subsection (a), (b), or (c) of
      section 3, Special Olympics shall submit an application at such
      time, in such manner, and containing such information as the
      Secretary of Education, Secretary of State, or Secretary of
      Health and Human Services, as applicable, may require.
        "(2) Content. - At a minimum, an application under this
      subsection shall contain the following:
          "(A) Activities. - A description of activities to be carried
        out with the grant, contract, or cooperative agreement.
          "(B) Measurable goals. - Information on specific measurable
        goals and objectives to be achieved through activities carried
        out with the grant, contract, or cooperative agreement.
      "(b) Annual Report. - 
        "(1) In general. - As a condition on receipt of any funds under
      subsection (a), (b), or (c) of section 3, Special Olympics shall
      agree to submit an annual report at such time, in such manner,
      and containing such information as the Secretary of Education,
      Secretary of State, or Secretary of Health and Human Services, as
      applicable, may require.
        "(2) Content. - At a minimum, each annual report under this
      subsection shall describe the degree to which progress has been
      made toward meeting the goals and objectives described in the
      applications submitted under subsection (a).

      "SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
      "There are authorized to be appropriated - 
        "(1) for grants, contracts, or cooperative agreements under
      section 3(a), $5,500,000 for fiscal year 2005, and such sums as
      may be necessary for each of the 4 succeeding fiscal years;
        "(2) for grants, contracts, or cooperative agreements under
      section 3(b), $3,500,000 for fiscal year 2005, and such sums as
      may be necessary for each of the 4 succeeding fiscal years; and
        "(3) for grants, contracts, or cooperative agreements under
      section 3(c), $6,000,000 for each of fiscal years 2005 through
      2009."


-EXEC-
      EX. ORD. NO. 12994. PRESIDENT'S COMMITTEE ON MENTAL RETARDATION  
      Ex. Ord. No. 12994, Mar. 21, 1996, 61 F.R. 13047, as amended by
    Ex. Ord. No. 13309, July 25, 2003, 68 F.R. 44851, 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 intellectual disabilities.
      National goals have been established to:
      (1) promote full participation of people with intellectual
    disabilities in their communities;
      (2) provide all necessary supports to people with intellectual
    disabilities and their families for such participation;
      (3) reduce the occurrence and severity of intellectual
    disabilities by one-half by the year 2010;
      (4) assure the full citizenship rights of all people with
    intellectual disabilities, 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 intellectual
    disabilities 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 intellectual
    disabilities 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 intellectual
    disabilities.
    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, with expanded
    membership and expanded responsibilities, and renamed the
    President's Committee for People with Intellectual Disabilities
    (the "Committee"), 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 Secretary of Commerce;
      (7) The Secretary of Transportation;
      (8) The Secretary of the Interior;
      (9) The Secretary of Homeland Security;
      (10) The Chief Executive Officer of the Corporation for National
    and Community Service (formerly ACTION);
      (11) The Commissioner of Social Security;
      (12) The Chair of the Equal Employment Opportunity Commission;
      (13) The Chairperson of the National Council on Disability;
      (10)[sic] 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 intellectual disabilities, and shall
    include self-advocates with intellectual disabilities and members
    of families with a child or adult with intellectual disabilities,
    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 intellectual
    disabilities 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 intellectual
    disabilities;
      (2) providing suggestions for improvement in the delivery of
    intellectual disabilities 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 intellectual disabilities
    described in the preamble to this order and have a positive impact
    on the lives of people with intellectual disabilities;
      (4) facilitating liaison among Federal, State, and local
    governments, foundations, nonprofit organizations, other private
    organizations, and citizens concerning intellectual disabilities;
      (5) developing and disseminating such information as will tend to
    reduce the incidence and severity of intellectual disabilities; and
      (6) promoting the concept of community participation and
    development of community supports for citizens with intellectual
    disabilities.
      (b) The Committee shall make an annual report, through the
    Secretary of Health and Human Services, to the President concerning
    intellectual disabilities. 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 intellectual disabilities.
      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.
      (c) The Secretary of Health and Human Services shall perform such
    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.

     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, formerly set out as a note under section 14 of the
    Federal Advisory Committee Act in the Appendix to Title 5.

       EX. ORD. NO. 13309. AMENDMENTS TO EXECUTIVE ORDER 12994, AND
      RENAMING THE PRESIDENT'S COMMITTEE ON MENTAL RETARDATION AS THE
      PRESIDENT'S COMMITTEE FOR PEOPLE WITH INTELLECTUAL DISABILITIES
      Ex. Ord. No. 13309, July 25, 2003, 68 F.R. 44851, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    change the name of the "President's Committee on Mental
    Retardation" to the "President's Committee for People with
    Intellectual Disabilities" (the "Committee") and expand the
    membership of the Committee, it is hereby ordered as follows:
      Section 1. The President's Committee on Mental Retardation is
    hereby renamed the President's Committee for People with
    Intellectual Disabilities.
      [Secs. 2 to 4. Amended Ex. Ord. No. 12994, set out above.]
      Sec. 5. The Committee is continued until September 30, 2005.
                                                         George W. Bush.

        EXTENSION OF TERM OF PRESIDENT'S COMMITTEE FOR PEOPLE WITH
                         INTELLECTUAL DISABILITIES
      Term of the President's Committee for People with Intellectual
    Disabilities extended until Sept. 30, 2007, by Ex. Ord. No. 13385,
    Sept. 29, 2005, 70 F.R. 57989, set out as a note under section 14
    of the Federal Advisory Committee Act in the Appendix to Title 5,
    Government Organization and Employees.

-End-



-CITE-
    42 USC Sec. 15002                                           01/02/2006

-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;
          (C) selecting, designing, fitting, customizing, adapting,
        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;
          (C) enjoy full access to and active participation in the same
        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

          (C) include - 
            (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
          (C) mitigate against the effects of developmental
        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

          (C) include activities related to interagency coordination
        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;
          (C) the authority to control resources to obtain needed
        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.)

-End-



-CITE-
    42 USC Sec. 15003                                           01/02/2006

-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
          (C) the amount of that portion of the cost of the project or
        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                                           01/02/2006

-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.
        (C) Final indicators
          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.
    (c) Interagency committee
      (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.

-End-



-CITE-
    42 USC Sec. 15005                                           01/02/2006

-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;
          (C) have brought about advocacy, capacity building, and
        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.)

-End-



-CITE-
    42 USC Sec. 15006                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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.)

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


-End-


-CITE-
    42 USC Part B - Federal Assistance to State Councils on
                     Developmental Disabilities            01/02/2006

-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

-End-



-CITE-
    42 USC Sec. 15021                                           01/02/2006

-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                                           01/02/2006

-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, the amount received by the State for the
          previous year, or the amount of Federal appropriations
          received in fiscal year 2000, 2001, or 2002, whichever is
          greater.
        (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, the amount received by the State for the
          previous year, or the amount of Federal appropriations
          received in fiscal year 2000, 2001, or 2002, whichever is
          greater.
        (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.
    (c) Obligation of funds
      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;
    Pub. L. 108-154, Sec. 3(a), Dec. 3, 2003, 117 Stat. 1934.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a)(3)(A)(ii), (4)(A)(ii). Pub. L. 108-154
    inserted before period at end ", the amount received by the State
    for the previous year, or the amount of Federal appropriations
    received in fiscal year 2000, 2001, or 2002, whichever is greater".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-154, Sec. 3(b), Dec. 3, 2003, 117 Stat. 1934,
    provided that: "The amendments made by subsection (a) [amending
    this section] shall take effect on October 1, 2003 and apply to
    allotments beginning in fiscal year 2004."

-End-



-CITE-
    42 USC Sec. 15023                                           01/02/2006

-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                                           01/02/2006

-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.
    (c) State plan requirements
      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 3003 or 3004 of title 29,
        pursue interagency initiatives to improve and enhance community
        services, individualized supports, and other forms of
        assistance for individuals with developmental disabilities;
          (C) an analysis of the extent to which community services and
        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.
        (C) State financial participation
          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;
    Pub. L. 108-364, Sec. 3(a)(1), Oct. 25, 2004, 118 Stat. 1736.)

-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.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c)(3)(B). Pub. L. 108-364 substituted "section
    3003 or 3004 of title 29" for "section 3011 or 3012 of title 29".

-End-



-CITE-
    42 USC Sec. 15025                                           01/02/2006

-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.
        (C) Representation
          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
          (C)  1/3  shall be a combination of individuals described in
        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.
    (c) Council responsibilities
      (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;
          (C) determine needs that require amendment of the 5-year
        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.
        (C) Training
          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 part C 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 3003 or
          3004 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;
          (C) to the extent to which the goals were not achieved, a
        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
          (C) directing the expenditure of funds for grants, contracts,
        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.
        (C) Review of designation
          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.
        (C) Fiscal responsibilities
          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;
    Pub. L. 108-364, Sec. 3(a)(2), Oct. 25, 2004, 118 Stat. 1736; Pub.
    L. 108-446, title III, Sec. 305(n)(1), Dec. 3, 2004, 118 Stat.
    2806.)

-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. Part C of the Act 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. 1450 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.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c)(5)(G)(i). Pub. L. 108-446 substituted "part C"
    for "subtitle C".
      Pub. L. 108-364 substituted "section 3003 or 3004 of title 29"
    for "section 3011 or 3012 of title 29".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 15026                                           01/02/2006

-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).
    (c) Non-Federal share
      (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.)

-End-



-CITE-
    42 USC Sec. 15027                                           01/02/2006

-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.)

-End-



-CITE-
    42 USC Sec. 15028                                           01/02/2006

-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.
    (c) Jurisdiction
      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                                           01/02/2006

-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.)

-End-


-CITE-
    42 USC Part C - Protection and Advocacy of Individual
                     Rights                                01/02/2006

-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       

-End-



-CITE-
    42 USC Sec. 15041                                           01/02/2006

-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                                           01/02/2006

-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.
    (c) Unobligated funds
      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.)

-End-



-CITE-
    42 USC Sec. 15043                                           01/02/2006

-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;
          (C) on an annual basis, develop, submit to the Secretary, and
        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
          3003 or 3004 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;
          (C) the State has given timely notice and an opportunity for
        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.
    (c) Record
      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;
    Pub. L. 108-364, Sec. 3(a)(3), Oct. 25, 2004, 118 Stat. 1736.)

-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.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(2)(D)(ii). Pub. L. 108-364 substituted
    "section 3003 or 3004 of title 29" for "section 3011 or 3012 of
    title 29".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 15044                                           01/02/2006

-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

        (C) the board may include a representative of the State Council
      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.
    (c) Disclosure of information
      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                                           01/02/2006

-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.)

-End-


-CITE-
    42 USC Part D - National Network of University Centers
                     for Excellence in Developmental
                     Disabilities Education, Research,
                     and Service                           01/02/2006

-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

-End-



-CITE-
    42 USC Sec. 15061                                           01/02/2006

-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.
    (c) Technical assistance
      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.)

-End-



-CITE-
    42 USC Sec. 15062                                           01/02/2006

-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.
    (c) National training initiatives on critical and emerging needs
      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.)

-End-



-CITE-
    42 USC Sec. 15063                                           01/02/2006

-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.

          (C) Conduct of research, which may include basic or applied
        research, evaluation, and the analysis of public policy in
        areas that affect or could affect, either positively or
        negatively, individuals with developmental disabilities and
        their families.
          (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.
    (c) Technical assistance
      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.)

-End-



-CITE-
    42 USC Sec. 15064                                           01/02/2006

-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;

          (C) use the funds made available through the grant to
        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 1471 or 1472 of title 20, entities carrying out
            activities authorized under section 3003 or 3004 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.
    (c) Peer review
      (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;
          (C) to the extent to which the goals were not achieved, a
        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;
    Pub. L. 108-364, Sec. 3(a)(4), Oct. 25, 2004, 118 Stat. 1737; Pub.
    L. 108-446, title III, Sec. 305(n)(2), Dec. 3, 2004, 118 Stat.
    2806.)

-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.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(3)(E)(ii)(VI). Pub. L. 108-446 substituted
    "section 1471 or 1472 of title 20" for "section 1482 or 1483 of
    title 20".
      Pub. L. 108-364 substituted "section 3003 or 3004 of title 29"
    for "section 3011 or 3012 of title 29".

-End-



-CITE-
    42 USC Sec. 15065                                           01/02/2006

-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                                           01/02/2006

-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).
        (C) Covered year
          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.)

-End-


-CITE-
    42 USC Part E - Projects of National Significance           01/02/2006

-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            

-End-



-CITE-
    42 USC Sec. 15081                                           01/02/2006

-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;
          (C) technical assistance to entities funded under parts B and
        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.)

-End-



-CITE-
    42 USC Sec. 15082                                           01/02/2006

-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.
        (C) Procedures and criteria
          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.)

-End-



-CITE-
    42 USC Sec. 15083                                           01/02/2006

-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.
    (c) Technical assistance for Councils and Centers
      (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.)

-End-


-CITE-
    42 USC SUBCHAPTER II - FAMILY SUPPORT                       01/02/2006

-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                                           01/02/2006

-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;
          (C) to enable families of children with disabilities to make
        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.
    (c) Policy
      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.

-End-



-CITE-
    42 USC Sec. 15092                                           01/02/2006

-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;
          (C) prevent involuntary out-of-the-home placement of such
        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
          (C) that otherwise accomplish the purposes of this
        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                                           01/02/2006

-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.
    (c) Amount of grants
      (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.)

-End-



-CITE-
    42 USC Sec. 15094                                           01/02/2006

-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.)

-End-



-CITE-
    42 USC Sec. 15095                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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.)

-End-



-CITE-
    42 USC Sec. 15098                                           01/02/2006

-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.
    (c) Reports to the Secretary
      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.)

-End-



-CITE-
    42 USC Sec. 15099                                           01/02/2006

-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;
          (C) interagency coordination and collaboration between
        agencies responsible for providing the services; and
          (D) the involvement of families of children with disabilities
        at all levels of the statewide systems.
    (c) Report to Congress
      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.)

-End-



-CITE-
    42 USC Sec. 15100                                           01/02/2006

-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.)

-End-



-CITE-
    42 USC Sec. 15101                                           01/02/2006

-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.)

-End-


-CITE-
    42 USC SUBCHAPTER III - PROGRAM FOR DIRECT SUPPORT
           WORKERS WHO ASSIST INDIVIDUALS WITH
           DEVELOPMENTAL DISABILITIES                      01/02/2006

-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                                           01/02/2006

-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;
          (C) the failure of wages in the human services sector to keep
        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                                           01/02/2006

-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                                           01/02/2006

-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.
    (c) Application requirements
      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.)

-End-



-CITE-
    42 USC Sec. 15114                                           01/02/2006

-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

          (C) nationally disseminate the curriculum and guidelines,
        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. 1450 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.

-End-



-CITE-
    42 USC Sec. 15115                                           01/02/2006

-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-