42 U.S.C. § 15044 — Administration

Page 8684 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15044 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. (Pub. L. 106–402, title I, § 143, Oct. 30, 2000, 114 Stat. 1714; Pub. L. 108–364, § 3(a)(3), Oct. 25, 2004, 118 Stat. 1736.) Editorial Notes 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, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 701 of Title 29 and Tables. The Older Americans Act of 1965, referred to in sub- sec. (a)(2)(D)(ii), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3001 of this title and Tables. The Protection and Advocacy for Mentally Ill Indi- viduals Act of 1986, referred to in subsec. (a)(2)(D)(ii), was Pub. L. 99–319, May 23, 1986, 100 Stat. 478. Pub. L. 99–319 was renamed the Protection and Advocacy for In- dividuals with Mental Illness Act by Pub. L. 106–310, div. B, title XXXII, § 3206(a), Oct. 17, 2000, 114 Stat. 1193, and is classified generally to chapter 114 (§ 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, re- ferred to in subsec. (a)(2)(D)(ii), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified gen- erally to chapter 33 (§ 1400 et seq.) of Title 20, Edu- cation. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. 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’’. § 15044. Administration (a) Governing board In a State in which the system described in section 15043 of this title is organized as a pri- vate nonprofit entity with a multimember gov- erning board, or a public system with a multi- member 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 individ- uals 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 re- ceived 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 Dis- abilities, the Centers in the State, and the self-advocacy organization described in sec- tion 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 sys- tem 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 orga- nized as a public system without a multi- member governing or advisory board, the sys- tem shall establish an advisory council— (A) that shall advise the system on poli- cies and priorities to be carried out in pro- tecting and advocating the rights of individ- uals with developmental disabilities; and (B) on which a majority of the members shall be— (i) individuals with developmental dis- abilities 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 indi- viduals with developmental disabilities against a State, or an agency or instrumen- tality of a State. (2) Use of amounts from judgment An amount received pursuant to a suit de- scribed in paragraph (1) through a court judg- ment may only be used by the system to fur- ther the purpose of this part and shall not be used to augment payments to legal contrac- tors 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 Sec- retary 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 no- tice of any Federal programmatic or administra- Page 8685 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15062 tive onsite review of a system conducted under this part and solicit public comment on the sys- tem through such notice. The Secretary shall prepare an onsite visit report containing the re- sults of such review, which shall be distributed to the Governor of the State and to other inter- ested public and private parties. The comments received in response to the public comment so- licitation notice shall be included in the onsite visit report. (e) Reports Beginning in fiscal year 2002, each system es- tablished in a State pursuant to this part shall annually prepare and transmit to the Secretary a report that describes the activities, accom- plishments, and expenditures of the system dur- ing the preceding fiscal year, including a de- scription 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. (Pub. L. 106–402, title I, § 144, Oct. 30, 2000, 114 Stat. 1717.) § 15045. Authorization of appropriations 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. (Pub. L. 106–402, title I, § 145, Oct. 30, 2000, 114 Stat. 1718.) PART D—NATIONAL NETWORK OF UNIVERSITY CENTERS FOR EXCELLENCE IN DEVELOPMENTAL DISABILITIES EDUCATION, RESEARCH, AND SERVICE § 15061. Grant authority (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 des- ignated as University Centers for Excellence in Developmental Disabilities Education, Re- search, and Service to carry out activities de- scribed 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 sec- tion 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 sec- tion 15066(a)(3) of this title (or from funds re- served under section 15083 of this title, as appro- priate), the Secretary shall enter into 1 or more cooperative agreements or contracts for the pur- pose of providing technical assistance described in section 15063(c) of this title. (Pub. L. 106–402, title I, § 151, Oct. 30, 2000, 114 Stat. 1719.) § 15062. Grant awards (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), shall award and distribute grant funds in equal amounts of $500,000 (ad- justed in accordance with subsection (b)), to each Center that existed during the preceding fiscal year and that meets the requirements of this part, prior to making grants under sub- section (c) or (d). (2) Reduction of award Notwithstanding paragraph (1), if the aggre- gate 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 re- duced. (b) Adjustments Subject to the availability of appropriations, for any fiscal year following a year in which each Center described in subsection (a) received a grant award of not less than $500,000 under sub- section (a) (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 sec- tion 720(c)(1) of title 29 (if the percentage change indicates an increase), prior to making grants under subsection (c) or (d). (c) National training initiatives on critical and emerging needs Subject to the availability of appropriations, for any fiscal year in which each Center de- scribed in subsection (a) receives a grant award of not less than $500,000, under subsection (a) (adjusted in accordance with subsection (b)), 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 de- scribed in subsection (a) receives a grant award of not less than $500,000 under subsection (a) (ad- justed in accordance with subsection (b)), 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 un- derserved populations.