42 U.S.C. § 15064 — Applications

Page 8686 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15063 (Pub. L. 106–402, title I, § 152, Oct. 30, 2000, 114 Stat. 1719.) § 15063. Purpose and scope of activities (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 Fed- eral, State, and community policymakers about, and promote opportunities for individ- uals with developmental disabilities to exer- cise 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 des- ignated 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 de- fined 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 indi- rectly, 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-serv- ice 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 ca- pacity of States and communities to achieve the purpose of this subchapter. (B) Provision of community services— (i) that provide training or technical as- sistance for individuals with develop- mental disabilities, their families, profes- sionals, paraprofessionals, policymakers, students, and other members of the com- munity; 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 in- clude basic or applied research, evaluation, and the analysis of public policy in areas that affect or could affect, either positively or negatively, individuals with develop- mental disabilities and their families. (D) Dissemination of information related to activities undertaken to address the pur- pose of this subchapter, especially dissemi- nation of information that demonstrates that the network authorized under this part is a national and international resource that includes specific substantive areas of exper- tise that may be accessed and applied in di- verse settings and circumstances. (b) National training initiatives on critical and emerging needs (1) Supplemental grants After consultation with relevant, informed sources, including individuals with develop- mental disabilities and their families, the Sec- retary shall award, under section 15061(b) of this title, supplemental grants to Centers to pay for the Federal share of the cost of train- ing 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 peri- ods 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 para- graph (1), training initiatives related to the unmet needs of individuals with develop- mental disabilities and their families. (c) Technical assistance In order to strengthen and support the na- tional network of Centers, the Secretary may enter into 1 or more cooperative agreements or contracts to— (1) assist in national and international dis- semination of specific information from mul- tiple Centers and, in appropriate cases, other entities whose work affects the lives of indi- viduals with developmental disabilities; (2) compile, analyze, and disseminate state- of-the-art training, research, and demonstra- tion results policies, and practices from mul- tiple Centers and, in appropriate cases, other entities whose work affects the lives of per- sons with developmental disabilities; (3) convene experts from multiple Centers to discuss and make recommendations with re- gard 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 informa- tion concerning and issues impacting individ- uals with developmental disabilities and enti- ties 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. (Pub. L. 106–402, title I, § 153, Oct. 30, 2000, 114 Stat. 1720.) § 15064. Applications (a) Applications for core Center grants (1) In general To be eligible to receive a grant under sec- tion 15061(a) of this title for a Center, an enti- ty shall submit to the Secretary, and obtain approval of, an application at such time, in Page 8687 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15064 such manner, and containing such informa- tion, as the Secretary may require. (2) Application contents Each application described in paragraph (1) shall describe a 5-year plan, including a pro- jected goal related to 1 or more areas of em- phasis 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 estab- lished 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 estab- lished pursuant to subparagraph (E); (ii) are consistent with, and to the ex- tent 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 annu- ally 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 (re- lating to rights of individuals with develop- mental 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 as- sisted under this part; (E) establish a consumer advisory com- mittee— (i) of which a majority of the members shall be individuals with developmental disabilities and family members of such in- dividuals; (ii) that is comprised of— (I) individuals with developmental dis- abilities and related disabilities; (II) family members of individuals with developmental disabilities; (III) a representative of the State pro- tection 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 in- formation 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 pro- posed 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 infra- structure and resources obtained through funds made available under the grant to le- verage additional public and private funds to successfully achieve the projected goals de- veloped in the 5-year plan; (G)(i) have a director with appropriate aca- demic credentials, demonstrated leadership, expertise regarding developmental disabil- ities, significant experience in managing grants and contracts, and the ability to le- verage 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 Con- gress 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 Sec- retary at such time, in such manner, and con- taining 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 applica- tions submitted under this part be subject to technical and qualitative review by peer re- view 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 re- view, the group may conduct onsite visits or inspections of related activities as necessary. Page 8688 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15065 (2) Establishment of peer review groups (A) In general The Secretary, acting through the Com- missioner of the Administration on Develop- mental Disabilities, may, notwithstanding— (i) the provisions of title 5 concerning appointments to the competitive service; and (ii) the provisions of chapter 51, and sub- chapter III of chapter 53 of title 5 con- cerning classification and General Sched- ule pay rates; establish such peer review groups and ap- point 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 nec- essary to carry out this subsection. (3) Waivers of approval The Secretary may waive the provisions of paragraph (1) with respect to review and ap- proval of an application if the Secretary deter- mines that exceptional circumstances warrant such a waiver. (d) Federal share (1) In general The Federal share of the cost of administra- tion 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 develop- mental disabilities who live in an urban or rural poverty area, as determined by the Sec- retary, 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 consid- ered to be expenditures made by a Center under this part. (e) Annual report Each Center shall annually prepare and trans- mit to the Secretary a report containing— (1) information on progress made in achiev- ing 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 le- verage funds, other than funds made available under this part, to pursue goals consistent with this part. (Pub. L. 106–402, title I, § 154, Oct. 30, 2000, 114 Stat. 1722; Pub. L. 108–364, § 3(a)(4), Oct. 25, 2004, 118 Stat. 1737; Pub. L. 108–446, title III, § 305(n)(2), Dec. 3, 2004, 118 Stat. 2806.) Editorial Notes AMENDMENTS 2004—Subsec. (a)(3)(E)(ii)(VI). Pub. L. 108–446 sub- stituted ‘‘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’’. § 15065. Definition In this part, the term ‘‘State’’ means each of the several States of the United States, the Dis- trict of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and Guam. (Pub. L. 106–402, title I, § 155, Oct. 30, 2000, 114 Stat. 1725.) § 15066. Authorization of appropriations (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 assist- ance 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 sec- tion 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