Home > 106th Congressional Bills > S. 1809 (is) To improve service systems for individuals with developmental disabilities, and for other purposes. [Introduced in Senate] ...S. 1809 (is) To improve service systems for individuals with developmental disabilities, and for other purposes. [Introduced in Senate] ...
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 title 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 title with the provisions of
this title, and corrections made or actions taken to obtain
compliance.
SEC. 106. STATE CONTROL OF OPERATIONS.
Except as otherwise specifically provided, nothing in this title
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 title.
SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
As a condition of providing assistance under this title, 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.
SEC. 108. CONSTRUCTION.
Nothing in this title shall be construed to preclude an entity
funded under this title 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.
SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
(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 101(c).
(2) The treatment, services, and habitation 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.
Subtitle B--Federal Assistance to State Councils on Developmental
Disabilities
SEC. 121. PURPOSE.
The purpose of this subtitle is to provide for allotments to
support State Councils on Developmental Disabilities (referred to
individually in this subtitle 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 101(b) and the policy described in section
101(c); 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.
SEC. 122. 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 129 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 124
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 129 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.
(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 129 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 129 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.
(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 124(c)(3)(A), in the
State plan of the State.
(6) Increase in allotments.--In any year in which the total
amount appropriated under section 129 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 100(c)(1) of the Rehabilitation Act of 1973 (29
U.S.C. 720(c)(1)) (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 129
for the fiscal year for which the increase in the
minimum allotment is being made; minus
(B) the total amount appropriated under section 129
(or a corresponding provision) for the immediately
preceding fiscal year,
bears to the total amount appropriated under section 129 (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 subtitle, State
Interagency Agreements are considered valid obligations for the purpose
of obligating Federal funds allotted to the State under this subtitle.
(d) Cooperative Efforts Between States.--If a State plan approved
in accordance with section 124 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) for such fiscal
year.
SEC. 123. PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION, AND
SERVICES.
(a) State Plan Expenditures.--From each State's allotments for a
fiscal year under section 122, 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 124. 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
124(c)(5)(B)(vi) in advance or by way of reimbursement, and in such
installments as the Secretary may determine.
SEC. 124. STATE PLAN.
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