42 U.S.C. § 15042 — Allotments and payments

Page 8681 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15042 court the record of the proceedings on which the Secretary based the action, as provided in sec- tion 2112 of title 28. (c) Jurisdiction Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Sec- retary or to set the action aside, in whole or in part, temporarily or permanently. Until the fil- ing 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 pro- ceedings. Such new or modified findings of fact shall likewise be conclusive if supported by sub- stantial evidence. (e) Finality The judgment of the court affirming or setting aside, in whole or in part, any action of the Sec- retary shall be final, subject to review by the Supreme Court of the United States upon certio- rari 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. (Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114 Stat. 1711.) § 15029. Authorization of appropriations (a) Funding for State allotments Except as described in subsection (b), there are authorized to be appropriated for allotments under section 15022 of this title $76,000,000 for fis- cal 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 ap- propriated under subsection (a) 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 ap- propriated under subsection (a) is not less than $76,000,000, the Secretary shall reserve not less than $300,000 and not more than 1 per- cent of the amount appropriated under sub- section (a) to provide technical assistance to entities funded under this part. (Pub. L. 106–402, title I, § 129, Oct. 30, 2000, 114 Stat. 1712.) PART C—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS § 15041. Purpose The purpose of this part is to provide for allot- ments to support a protection and advocacy sys- tem (referred to in this part as a ‘‘system’’) in each State to protect the legal and human rights of individuals with developmental disabil- ities in accordance with this part. (Pub. L. 106–402, title I, § 141, Oct. 30, 2000, 114 Stat. 1712.) § 15042. Allotments and payments (a) Allotments (1) In general To assist States in meeting the require- ments of section 15043(a) of this title, the Sec- retary shall allot to the States the amounts appropriated under section 15045 of this title and not reserved under paragraph (6). Allot- ments 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 ap- propriated 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 ap- propriated under section 15045 of this title for a fiscal year exceeds the total amount appro- priated under such section (or a corresponding provision) for the preceding fiscal year by a percentage greater than the most recent per- centage change in the Consumer Price Index published by the Secretary of Labor under sec- tion 720(c)(1) of title 29 (if the percentage Page 8682 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15043 1 See References in Text note below. change indicates an increase), the Secretary shall increase each of the minimum allot- ments 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 para- graph (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 al- lotment is being made; minus (B) the total amount appropriated under section 15045 of this title (or a corresponding provision) for the immediately preceding fis- cal 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 sys- tem 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 ad- ministration of the system required under sec- tion 15043(a) of this title. (6) Technical assistance and American Indian consortium In any case in which the total amount ap- propriated under section 15045 of this title for a fiscal year is more than $24,500,000, the Sec- retary 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 sec- tion 15043(b) of this title, and in an amount described in paragraph (2)(A)(i), to an Amer- ican Indian consortium to provide protec- tion 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 pur- poses for which such amount was paid. (Pub. L. 106–402, title I, § 142, Oct. 30, 2000, 114 Stat. 1712.) § 15043. System required (a) System required In order for a State to receive an allotment under part B 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 at- tention 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 inci- dents of abuse and neglect of individuals with developmental disabilities if the inci- dents are reported to the system or if there is probable cause to believe that the inci- dents 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, de- veloped through data driven strategic plan- ning, for the system’s activities; (D) on an annual basis, provide to the pub- lic, including individuals with develop- mental disabilities attributable to either physical impairment, mental impairment, or a combination of physical and mental im- pairment, and their representatives, and as appropriate, non-State agency representa- tives of the State Councils on Develop- mental 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 estab- lishment of such goals; and (ii) the activities of the system, includ- ing 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 cli- ents 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 Coun- cil on Developmental Disabilities; (G) be independent of any agency that pro- vides treatment, services, or habilitation to individuals with developmental disabilities;