42 U.S.C. § 15009 — Rights of individuals with developmental

Page 8669 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15009 1 So in original. Probably should be ‘‘habilitation’’. this subchapter with the provisions of this subchapter, and corrections made or actions taken to obtain compliance. (Pub. L. 106–402, title I, § 105, Oct. 30, 2000, 114 Stat. 1690.) § 15006. State control of operations 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, mainte- nance, 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 sub- chapter. (Pub. L. 106–402, title I, § 106, Oct. 30, 2000, 114 Stat. 1691.) § 15007. Employment of individuals with disabil- ities As a condition of providing assistance under this subchapter, the Secretary shall require that each recipient of such assistance take affirma- tive action to employ and advance in employ- ment qualified individuals with disabilities on the same terms and conditions required with re- spect to the employment of such individuals under the provisions of title V of the Rehabilita- tion 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. (Pub. L. 106–402, title I, § 107, Oct. 30, 2000, 114 Stat. 1691.) Editorial Notes REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in text, is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Title V of the Act is classified generally to subchapter V (§ 790 et seq.) of chapter 16 of Title 29, Labor. For complete classifica- tion 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, which is classified principally to chapter 126 (§ 12101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 12101 of this title and Tables. § 15008. Construction Nothing in this subchapter shall be construed to preclude an entity funded under this sub- chapter from engaging in advocacy, capacity building, and systemic change activities for in- dividuals with developmental disabilities that may also have a positive impact on individuals with other disabilities. (Pub. L. 106–402, title I, § 108, Oct. 30, 2000, 114 Stat. 1692.) § 15009. Rights of individuals with developmental disabilities (a) In general Congress makes the following findings respect- ing the rights of individuals with developmental disabilities: (1) Individuals with developmental disabil- ities 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 disabil- ities should be designed to maximize the po- tential of the individual and should be pro- vided 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 pro- grams, residential programs, and other com- munity programs, including educational pro- grams in which individuals with develop- mental disabilities participate, that— (A) provide treatment, services, and habili- tation 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 develop- mental disabilities to no greater risk of harm than others in the general popu- lation; (ii) provision to such individuals of ap- propriate and sufficient medical and den- tal services; (iii) prohibition of the use of physical re- straint and seclusion for such an indi- vidual unless absolutely necessary to en- sure 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 habili- tation program; (iv) prohibition of the excessive use of chemical restraints on such individuals and the use of such restraints as punish- ment 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 guard- ians of such individuals to visit the indi- viduals without prior notice. (4) All programs for individuals with devel- opmental 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 tech- nology or rehabilitative services, that are at least equivalent to those standards applica- ble to intermediate care facilities for the mentally retarded, promulgated in regula- tions of the Secretary on June 3, 1988, as ap- propriate, taking into account the size of the institutions and the service delivery ar- rangements of the facilities of the programs; (ii) in the case of other residential pro- grams for individuals with developmental disabilities, that assure that— Page 8670 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15021 (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 pro- vided by such facilities; and (III) the facilities of such programs pro- vide for the humane care of the residents of the facilities, are sanitary, and protect their rights; and (iii) in the case of nonresidential pro- grams, that assure that the care provided by such programs is appropriate to the individ- uals 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 af- forded to all individuals. (Pub. L. 106–402, title I, § 109, Oct. 30, 2000, 114 Stat. 1692.) PART B—FEDERAL ASSISTANCE TO STATE COUNCILS ON DEVELOPMENTAL DISABILITIES § 15021. Purpose The purpose of this part is to provide for allot- ments to support State Councils on Develop- mental 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 con- sistent 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-di- rected, 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 produc- tive, and be integrated and included in all fac- ets of community life. (Pub. L. 106–402, title I, § 121, Oct. 30, 2000, 114 Stat. 1693.) § 15022. State allotments (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 in- dividuals with developmental disabilities; and (iii) the financial need, of the respective States. (B) Use of funds Sums allotted to the States under this sec- tion 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 no- tify 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 sec- tion— (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 pre- vious year, or the amount of Federal ap- propriations 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 ap- propriated under section 15029 of this title for such fiscal year, the amount to be allot- ted 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 ap- propriated 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 pre- vious year, or the amount of Federal ap- propriations 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).