
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-402 Section 401(a)]
[CITE: 42USC6001]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 75--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 6001. Definitions

    For purposes of this chapter:

                   (1) American Indian Consortium

        The term ``American Indian Consortium'' means any confederation 
    of two or more recognized American Indian tribes, created through 
    the official action of each participating tribe, that has a combined 
    total resident population of 150,000 enrolled tribal members and a 
    contiguous territory of Indian lands in two or more States.

                   (2) Assistive technology device

        The term ``assistive technology device'' means any item, piece 
    of equipment, or product system, whether acquired commercially, 
    modified or customized, that is used to increase, maintain, or 
    improve functional capabilities of individuals with developmental 
    disabilities.

                  (3) Assistive technology service

        The term ``assistive technology service'' means any service that 
    directly assists an individual with a developmental disability in 
    the selection, acquisition, or use, of an assistive technology 
    device. Such term includes--
            (A) the evaluation of the needs of an individual with a 
        developmental disability, including a functional evaluation of 
        the individual in the individual's customary environment;
            (B) purchasing, leasing, or otherwise providing for the 
        acquisition of assistive technology devices by an individual 
        with a developmental disability;
            (C) selecting, designing, fitting, customizing, adapting, 
        applying, maintaining, repairing or replacing assistive 
        technology devices;
            (D) coordinating and using other therapies, interventions, 
        or services with assistive technology devices, such as those 
        associated with existing education and rehabilitation plans and 
        programs;
            (E) training or technical assistance for an individual with 
        a developmental disability, or, where appropriate, a family 
        member, guardian, advocate, or authorized representative of an 
        individual with a developmental disability; and
            (F) training or technical assistance for professionals 
        (including individuals providing education and rehabilitation 
        services), employers, or other individuals who provide services 
        to, employ, or are otherwise substantially involved in the major 
        life functions of, an individual with developmental 
        disabilities.

                  (4) Child development activities

        The term ``child development activities'' means such priority 
    area activities as will assist in the prevention, identification, 
    and alleviation of developmental disabilities in children, including 
    early intervention services.

                   (5) Community living activities

        The term ``community living activities'' means such priority 
    area activities as will assist individuals with developmental 
    disabilities to obtain and receive the supports needed to live in 
    their family home or a home of their own with individuals of their 
    choice and to develop supports in the community.

                       (6) Community supports

        The term ``community supports'' means activities, services, 
    supports, and other assistance designed to--
            (A) assist neighborhoods and communities to be more 
        responsive to the needs of individuals with developmental 
        disabilities and their families;
            (B) develop local networks that can provide informal 
        support; and
            (C) make communities accessible and enable communities to 
        offer their resources and opportunities to individuals with 
        developmental disabilities and their families.

    Such term includes community education, personal assistance 
    services, vehicular and home modifications, support at work, and 
    transportation.

                      (7) Culturally competent

        The term ``culturally competent'' means services, supports or 
    other assistance that are conducted or provided in a manner that is 
    responsive to the beliefs, interpersonal styles, attitudes, language 
    and behaviors of individuals who are receiving services, and in a 
    manner that has the greatest likelihood of ensuring their maximum 
    participation in the program.

                    (8) Developmental disability

        The term ``developmental disability'' means a severe, chronic 
    disability of an individual 5 years of age or older that--
            (A) is attributable to a mental or physical impairment or 
        combination of mental and physical impairments;
            (B) is manifested before the individual attains age 22;
            (C) is likely to continue indefinitely;
            (D) results in substantial functional limitations in three 
        or more of the following areas of major life activity--
                (i) self-care;
                (ii) receptive and expressive language;
                (iii) learning;
                (iv) mobility;
                (v) self-direction;
                (vi) capacity for independent living; and
                (vii) economic self-sufficiency; and

            (E) reflects the individual's need for a combination and 
        sequence of special, interdisciplinary, or generic services, 
        supports, or other assistance that is of lifelong or extended 
        duration and is individually planned and coordinated,

    except that such term, when applied to infants and young children 
    means individuals from birth to age 5, inclusive, who have 
    substantial developmental delay or specific congenital or acquired 
    conditions with a high probability of resulting in developmental 
    disabilities if services are not provided.

                   (9) Early intervention services

        The term ``early intervention services'' means services provided 
    to infants, toddlers, young children, and their families to--
            (A) enhance the development of infants, toddlers, and young 
        children with disabilities and to minimize their potential for 
        developmental delay; and
            (B) enhance the capacity of families to meet the special 
        needs of their infants, toddlers, and young children.

                     (10) Employment activities

        The term ``employment activities'' means such priority area 
    activities as will increase the independence, productivity, and 
    integration and inclusion into the community of individuals with 
    developmental disabilities in work settings.

                     (11) Family support service

        The term ``family support service'' means services, supports, 
    and other assistance provided to families with members with 
    developmental disabilities that are designed to--
            (A) strengthen the family's role as primary caregiver;
            (B) prevent inappropriate out-of-the-home placement and 
        maintain family unity; and
            (C) reunite families with members who have been placed out 
        of the home, whenever possible.

    Such term includes respite care, rehabilitation technology, personal 
    assistance services, parent training and counseling, support for 
    elderly parents, vehicular and home modifications, and assistance 
    with extraordinary expenses associated with the needs of individuals 
    with developmental disabilities.

                     (12) Federal priority areas

        The term ``Federal priority areas'' means community living 
    activities, employment activities, child development activities, and 
    system coordination and community education activities.

                          (13) Independence

        The term ``independence'' means the extent to which individuals 
    with developmental disabilities exert control and choice over their 
    own lives.

                      (14) Individual supports

        The term ``individual supports'' means services, supports, and 
    other assistance that enable an individual with a developmental 
    disability to be independent, productive, integrated, and included 
    into such individual's community, and that are designed to--
            (A) enable such individual to control such individual's 
        environment, permitting the most independent life possible;
            (B) prevent placement into a more restrictive living 
        arrangement than is necessary; and
            (C) enable such individual to live, learn, work, and enjoy 
        life in the community.

    Such term includes personal assistance services, rehabilitation 
    technology, vehicular and home modifications, support at work, and 
    transportation.

                   (15) Integration and inclusion

        The term ``integration and inclusion'', with respect to 
    individuals with developmental disabilities, means--
            (A) the use by individuals with developmental disabilities 
        of the same community resources that are used by and available 
        to other citizens;
            (B) living in homes close to community resources, with 
        regular contact with citizens without disabilities in their 
        communities;
            (C) the full and active participation by individuals with 
        developmental disabilities in the same community activities and 
        types of employment as citizens without disabilities, and 
        utilization of the same community resources as citizens without 
        disabilities, living, learning, working, and enjoying life in 
        regular contact with citizens without disabilities; and
            (D) having friendships and relationships with individuals 
        and families of their own choosing.

                           (16) Nonprofit

        The term ``nonprofit'' means an agency, institution, or 
    organization that is owned or operated by one or more corporations 
    or associations, no part of the net earnings of which inures, or may 
    lawfully inure, to the benefit of any private shareholder or 
    individual.

                      (17) Other organizations

        The term ``other organizations'' means those organizations that 
    are not State agencies or nonprofit agencies, except such 
    organizations may be consulting firms, independent proprietary 
    businesses and providers, and local community groups not 
    organizationally incorporated, and that are interested in supporting 
    individuals with developmental disabilities.

                  (18) Personal assistance services

        The term ``personal assistance services'' means a range of 
    services, provided by one or more individuals, designed to assist an 
    individual with a disability to perform daily living activities on 
    or off a job that such individual would typically perform if such 
    individual did not have a disability. Such services shall be 
    designed to increase such individual's control in life and ability 
    to perform everyday activities on or off such job.

                           (19) Prevention

        The term ``prevention'' means activities that address the causes 
    of developmental disabilities and the exacerbation of functional 
    limitations, such as activities that--
            (A) eliminate or reduce the factors that cause or predispose 
        individuals to developmental disabilities or that increase the 
        prevalence of developmental disabilities;
            (B) increase the early identification of existing problems 
        to eliminate circumstances that create or increase functional 
        limitations; and
            (C) mitigate against the effects of developmental 
        disabilities throughout the individual's lifespan.

                          (20) Productivity

        The term ``productivity'' means--
            (A) engagement in income-producing work that is measured by 
        increased income, improved employment status, or job 
        advancement; or
            (B) engagement in work that contributes to a household or 
        community.

                 (21) Protection and advocacy system

        The term ``protection and advocacy system'' means a protection 
    and advocacy system established in accordance with section 6042 of 
    this title.

                   (22) Rehabilitation technology

        The term ``rehabilitation technology'' means the systematic 
    application of technologies, engineering methodologies, or 
    scientific principles to meet the needs of, and address the barriers 
    confronted by, individuals with developmental disabilities in areas 
    that include education, rehabilitation, employment, transportation, 
    independent living, and recreation. Such term includes 
    rehabilitation engineering, assistive technology devices, and 
    assistive technology services.

                           (23) Secretary

        The term ``Secretary'' means the Secretary of Health and Human 
    Services.

                (24) Service coordination activities

        The term ``service coordination activities'' (also referred to 
    as ``case management activities'') means activities that assist and 
    enable individuals with developmental disabilities and their 
    families to access services, supports and other assistance, and 
    includes--
            (A) the provision of information to individuals with 
        developmental disabilities and their families about the 
        availability of services, supports, and other assistance;
            (B) assistance in obtaining appropriate services, supports, 
        and other assistance, which may include facilitating and 
        organizing such assistance;
            (C) coordination and monitoring of services, supports, and 
        other assistance provided singly or in combination to 
        individuals with developmental disabilities and their families 
        to ensure accessibility, continuity, and accountability of such 
        assistance; and
            (D) follow-along services that ensure, through a continuing 
        relationship, that the changing needs of individuals with 
        developmental disabilities and their families are recognized and 
        appropriately met.

                             (25) State

        The term ``State'', except as provided in section 6065 of this 
    title, includes, in addition to each of the several States of the 
    United States, the District of Columbia, the Commonwealth of Puerto 
    Rico, the United States Virgin Islands, Guam, American Samoa, the 
    Commonwealth of the Northern Mariana Islands, and the Republic of 
    Palau (until the Compact of Free Association with Palau takes 
    effect).

            (26) State Developmental Disabilities Council

        The term ``State Developmental Disabilities Council'' means a 
    Council established under section 6024 of this title.

                      (27) State priority area

        The term ``State priority area'' means priority area activities 
    in an area considered essential by the State Developmental 
    Disabilities Council.

                      (28) Supported employment

        The term ``supported employment'' means competitive work in 
    integrated work settings for individuals with developmental 
    disabilities--
            (A)(i) for whom competitive employment has not traditionally 
        occurred; or
            (ii) for whom competitive employment has been interrupted or 
        intermittent as a result of a severe disability; and
            (B) who, because of the nature and severity of their 
        disability, need intensive supported employment services or 
        extended services in order to perform such work.

     (29) System coordination and community education activities

        The term ``system coordination and community education 
    activities'' means activities that--
            (A) eliminate barriers to access and eligibility for 
        services, supports, and other assistance;
            (B) enhance systems design, redesign, and integration, 
        including the encouragement of the creation of local service 
        coordination and information and referral statewide systems;
            (C) enhance individual, family, and citizen participation 
        and involvement; and
            (D) develop and support coalitions and individuals through 
        training in self-advocacy, educating policymakers, and citizen 
        leadership skills.

                 (30) University affiliated program

        The term ``university affiliated program'' means a university 
    affiliated program established under section 6062 of this title.

                    (31) Unserved and underserved

        The term ``unserved and underserved'' includes populations such 
    as individuals from racial and ethnic minority backgrounds, 
    disadvantaged individuals, individuals with limited-English 
    proficiency, individuals from underserved geographic areas (rural or 
    urban), and specific groups of individuals within the population of 
    individuals with developmental disabilities, including individuals 
    with developmental disabilities attributable to physical impairment, 
    mental impairment, or a combination of physical and mental 
    impairments.

(Pub. L. 88-164, title I, Sec. 102, as added Pub. L. 98-527, Sec. 2, 
Oct. 19, 1984, 98 Stat. 2663; amended Pub. L. 100-146, title I, 
Sec. 102, Oct. 29, 1987, 101 Stat. 841; Pub. L. 101-496, Sec. 4, Oct. 
31, 1990, 104 Stat. 1192; Pub. L. 103-230, title I, Sec. 103, Apr. 6, 
1994, 108 Stat. 288.)

                       References in Text

    For Oct. 1, 1994, as the date the Compact of Free Association with 
Palau takes effect, referred to in par. (25), see Proc. No. 6726, Sept. 
27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 
48, Territories and Insular Possessions.


                            Prior Provisions

    A prior section 6001, Pub. L. 88-164, title I, Sec. 102, as added 
Pub. L. 94-103, title I, Sec. 125, Oct. 4, 1975, 89 Stat. 496; amended 
Pub. L. 95-602, title V, Sec. 503(a), (b)(1), (c)-(f), Nov. 6, 1978, 92 
Stat. 3004-3006; Pub. L. 98-221, title III, Sec. 301, Feb. 22, 1984, 98 
Stat. 34, defined terms for purposes of this chapter, prior to the 
general amendment of this chapter by Pub. L. 98-527.


                               Amendments

    1994--Pub. L. 103-230 amended section generally, alphabetizing 
entries, adding provisions defining ``American Indian Consortium'', 
``culturally competent'', ``integration and inclusion'', ``other 
organizations'', ``personal assistance services'', ``rehabilitation 
technology'', ``service coordination activities'', ``State Developmental 
Disabilities Council'', and ``unserved and underserved'', and striking 
out provisions defining ``assistive technology'', ``case management 
activities'', ``construction'', ``integration'', ``priority area 
activities'', ``satellite center'', ``State Planning Council'', and 
``title''.
    1990--Par. (5). Pub. L. 101-496, Sec. 4(1), inserted ``5 years of 
age or older'' after ``of a person'' in introductory provision, 
substituted semicolon for period at end of subpar. (E), and inserted 
provision at end relating to exception for infants and young children.
    Par. (8)(A). Pub. L. 101-496, Sec. 4(2), (3), struck out ``and'' at 
end of cl. (i), inserted ``and integrated employment,'' after 
``activities'' and substituted ``citizens without disabilities'' for 
``nondisabled citizens'' in cl. (ii), added cls. (iii) and (iv), and 
substituted ``citizens without disabilities'' for ``nondisabled 
citizens'' in closing provisions.
    Par. (8)(B). Pub. L. 101-496, Sec. 4(2), (4), struck out ``or in 
home-like settings'' after ``homes'' and substituted ``citizens without 
disabilities'' for ``nondisabled citizens''.
    Par. (9). Pub. L. 101-496, Sec. 4(5), which directed the 
substitution of ``special adaptation of generic services or specialized 
services'' for ``specialized services or special adaptation of generic 
services'', was executed by making the substitution for ``specialized 
services or special adaptations of generic services'' wherever appearing 
in subpars. (A) to (E) to reflect the probable intent of Congress.
    Par. (9)(B)(iv). Pub. L. 101-496, Sec. 4(6), substituted 
``approaches, strategies'' for ``models'' and inserted ``Federal, State 
and local'' before ``policymakers''.
    Par. (10). Pub. L. 101-496, Sec. 4(7), substituted ``system 
coordination and community education'' for ``case management''.
    Par. (12). Pub. L. 101-496, Sec. 4(8), substituted ``, individual, 
family and community supports'' for ``and family support services''.
    Par. (17)(B). Pub. L. 101-496, Sec. 4(9), inserted ``and their 
families'' after ``disabilities'' in cls. (i) and (ii).
    Par. (21). Pub. L. 101-496, Sec. 4(10), added par. (21) and struck 
out former par. (21) which defined term ``family support services''.
    Par. (22). Pub. L. 101-496, Sec. 4(11), inserted at end ``Such term 
includes assistive technology devices and assistive technology 
service.''
    Pars. (24) to (30). Pub. L. 101-496, Sec. 4(12), added pars. (24) to 
(30).
    1987--Par. (2). Pub. L. 100-146, Sec. 102(1), added par. (2) and 
struck out former par. (2) which defined ``facility for persons with 
developmental disabilities''.
    Par. (3). Pub. L. 100-146, Sec. 102(1), (2), redesignated par. (4) 
as (3) and struck out former par. (3) which defined ``nonprofit facility 
for persons with developmental disabilities'', ``nonprofit private 
institution of higher learning'', and ``nonprofit private agency or 
organization''.
    Par. (4). Pub. L. 100-146, Sec. 102(4), redesignated par. (6) as 
(4). Former par. (4) redesignated (3).
    Par. (5). Pub. L. 100-146, Sec. 102(3), (4), redesignated par. (7) 
as (5) and struck out former par. (5) which defined ``cost of 
construction''.
    Pars. (6), (7). Pub. L. 100-146, Sec. 102(4), redesignated pars. (8) 
and (9) as (6) and (7), respectively. Former pars. (6) and (7) 
redesignated (4) and (5), respectively.
    Par. (8). Pub. L. 100-146, Sec. 102(5), redesignated par. (10) as 
(8) and substituted ``nondisabled'' for ``nonhandicapped'' in three 
places. Former par. (8) redesignated (6).
    Pars. (9), (10). Pub. L. 100-146, Sec. 102(8), added pars. (9) and 
(10). Former pars. (9) and (10) redesignated (7) and (8), respectively.
    Par. (11). Pub. L. 100-146, Sec. 102(6), (8), added par. (11) and 
struck out former par. (11) which defined ``services for persons with 
developmental disabilities''.
    Pars. (12) to (16). Pub. L. 100-146, Sec. 102(8), added pars. (12) 
to (16). Former pars. (12) to (15) redesignated (17) to (20), 
respectively.
    Par. (17). Pub. L. 100-146, Sec. 102(7), (9)-(11), redesignated par. 
(12) as (17), and in subpar. (A), substituted ``programs'' for 
``facilities'' in cl. (i), ``program or programs'' for ``facility or 
facilities'' in cl. (ii), and ``paragraph (18)'' for ``paragraph (13)'' 
in cl. (iii), and in subpar. (B), substituted ``programs'' for 
``facilities'' in introductory provisions.
    Par. (18). Pub. L. 100-146, Sec. 102(7), (12)-(15), redesignated 
par. (13) as (18), in introductory provisions, substituted ``affiliated 
program'' for ``affiliated facility'' and ``program operated by a public 
or nonprofit private entity'' for ``public or nonprofit facility'', in 
subpar. (A), introductory provisions, inserted ``, including parents of 
persons with developmental disabilities, professionals, 
paraprofessionals, students, and volunteers,'' and substituted ``a 
facility'' for ``the facility''.
    Pars. (19), (20). Pub. L. 100-146, Sec. 102(7), redesignated pars. 
(14) and (15) as (19) and (20), respectively.
    Pars. (21) to (23). Pub. L. 100-146, Sec. 102(16), added pars. (21) 
to (23).


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-146 effective Oct. 1, 1987, see section 601 
of Pub. L. 100-146, set out as a note under section 6000 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1437a, 1471, 3035n, 6024, 
6042, 6862, 8013, 9877, 11382 of this title; title 25 section 4103; 
title 29 section 794e.
