
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: 42USC6062]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 75--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
 
              SUBCHAPTER IV--UNIVERSITY AFFILIATED PROGRAMS
 
Sec. 6062. Grant authority


(a) Administration and operation

    From appropriations under section 6064(a) \1\ of this title, the 
Secretary shall make grants to university affiliated programs to assist 
in the administration and operation of the activities described in 
section 6061 of this title. Grants may be awarded for a period not to 
exceed 5 years.
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    \1\ See References in Text note below.
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(b) Training projects

                           (1) In general

        From amounts appropriated under section 6066(a) of this title, 
    the Secretary shall make grants to university affiliated programs 
    receiving grants under subsection (a) of this section to support 
    training projects to train personnel to address the needs of 
    individuals with developmental disabilities in areas of emerging 
    national significance, as described in paragraph (3). Grants awarded 
    under this subsection shall be awarded on a competitive basis and 
    may be awarded for a period not to exceed 5 years.

                     (2) Eligibility limitations

        A university affiliated program shall not be eligible to receive 
    funds for training projects under this subsection unless--
            (A) such program has operated for at least 1 year; or
            (B) the Secretary determines that such program has 
        demonstrated the capacity to develop an effective training 
        project during the first year such program is operated.

                         (3) Areas of focus

        Training projects under this subsection shall train personnel to 
    address the needs of individuals with developmental disabilities in 
    the areas of emerging national significance described in 
    subparagraphs (A) through (H).

        (A) Early intervention

            Grants under this subsection for training projects with 
        respect to early intervention services shall be for the purpose 
        of assisting university affiliated programs in providing 
        training to family members of children with developmental 
        disabilities and personnel from all disciplines involved with 
        interdisciplinary intervention to infants, toddlers, and 
        preschool age children with developmental disabilities. Such 
        training projects shall include instruction on family-centered, 
        community-based, coordinated care for infants, toddlers, and 
        preschool age children with developmental disabilities and their 
        families.

        (B) Aging

            Grants under this subsection for training projects with 
        respect to aging and developmental disabilities shall be for the 
        purpose of supporting the planning, design, and implementation 
        of coordinated interdisciplinary training programs between 
        existing aging or gerontological programs and university 
        affiliated programs in order to prepare professional staff to 
        provide services for aging individuals with developmental 
        disabilities and their families.

        (C) Community services

            Grants under this subsection for training projects with 
        respect to community services shall be for the purpose of 
        providing training that enhances direct supports and services 
        for individuals with developmental disabilities, including 
        training to community members, families, individuals with 
        developmental disabilities, and community-based direct service 
        providers. The Secretary shall ensure that all grants under this 
        subparagraph are made only to university affiliated programs 
        that involve community-level direct support services in the 
        preparation of the application for such grant and that assure 
        that any training under the university affiliated program will 
        be coordinated with local community services and support systems 
        and with State, local, and regional governmental or private 
        agencies responsible for the planning or delivery of services to 
        individuals with developmental disabilities.

        (D) Positive behavioral supports

            Grants awarded under this subsection for training projects 
        with respect to positive behavioral supports shall be for the 
        purpose of assisting university affiliated programs in providing 
        training to family members of individuals with developmental 
        disabilities and personnel in methods of developing individual 
        supports that maximize opportunities for independence, 
        productivity, and integration and inclusion into the community 
        for individuals with developmental disabilities and severe 
        behavior problems. Such training projects shall provide training 
        to--
                (i) address ethical and legal principles and standards, 
            including the role of personal and cultural values in 
            designing assessments and interventions;
                (ii) address appropriate assessment approaches that 
            examine the range of factors that contribute to problem 
            behavior;
                (iii) address the development of a comprehensive plan 
            that considers the needs and preferences of an individual 
            with a developmental disability;
                (iv) address the competence in the types of skills 
            training, environmental modification, and incentive 
            procedures that encourage alternative behaviors;
                (v) familiarize training participants with crisis 
            intervention approaches and the separate role of such 
            approaches as short-term emergency procedures;
                (vi) familiarize training participants with medical 
            interventions and how to evaluate the effect of such 
            interventions on behavior; and
                (vii) address techniques for evaluating the outcomes of 
            interventions.

        (E) Assistive technology services

            Grants under this subsection for training projects with 
        respect to assistive technology services shall be for the 
        purpose of assisting university affiliated programs in providing 
        training to personnel who provide, or will provide, assistive 
        technology services and devices to individuals with 
        developmental disabilities and their families. Such projects may 
        provide training and technical assistance to improve access to 
        assistive technology services for individuals with developmental 
        disabilities and may include stipends and tuition assistance for 
        training project participants. Such projects shall be 
        coordinated with State technology coordinating councils wherever 
        such councils exist.

        (F) Americans with Disabilities Act

            Grants under this subsection for training projects with 
        respect to the provisions of the Americans with Disabilities Act 
        of 1990 [42 U.S.C. 12101 et seq.] shall be for the purpose of 
        assisting university affiliated programs in providing training 
        to personnel who provide, or will provide, services to 
        individuals with developmental disabilities, and to others 
        concerned with individuals with developmental disabilities.

        (G) Community transition

            Grants under this subsection for training projects with 
        respect to transition from school to adult life shall be for the 
        purpose of assisting university affiliated programs in providing 
        training to individuals with developmental disabilities and 
        their families, generic community agencies, advocacy 
        organizations, and others in order to stimulate the development 
        and improvement of policies, procedures, systems, and other 
        mechanisms that prepare youth with developmental disabilities to 
        enter adult life. Such projects shall be coordinated with State 
        transition projects funded under section 1425(e) \1\ of title 
        20, where such State transition projects exist.

        (H) Other areas

            Grants under this subsection for training projects with 
        respect to programs in other areas of national significance 
        shall be for the purpose of training personnel in an area of 
        special concern to the university affiliated program, and shall 
        be developed in consultation with the State Developmental 
        Disabilities Council.

              (4) Courses, traineeships and fellowships

        Grants under this subsection may be used by university 
    affiliated programs to--
            (A) assist in paying the costs of courses of training or 
        study for personnel to provide services for individuals with 
        developmental disabilities and their families; and
            (B) establish fellowships or traineeships providing such 
        stipends and allowances as may be determined by the Secretary.

                      (5) Prohibited activities

        Grants awarded under this subsection shall not be used for 
    administrative expenses for the university affiliated program under 
    subsection (a) of this section. Such grants shall not be used in a 
    manner inconsistent with section 14403 of this title.

                            (6) Criteria

        Grants awarded under this subsection shall meet the criteria 
    described in subparagraphs (A) and (B).

        (A) Application

            An application that is submitted for a grant under this 
        subsection shall present evidence that training projects 
        assisted by funds awarded under this section are--
                (i) competency and value based;
                (ii) designed to facilitate independence, productivity, 
            and integration and inclusion for individuals with 
            developmental disabilities; and
                (iii) evaluated utilizing state-of-the-art evaluation 
            techniques in the programmatic areas selected.

        (B) General project requirements

            Training projects under this subsection shall--
                (i) represent state-of-the-art techniques in areas of 
            critical shortage of personnel that are identified through 
            consultation with the consumer advisory committee described 
            in section 6063(d) of this title and the State Developmental 
            Disabilities Council;
                (ii) be conducted in consultation with the consumer 
            advisory committee described in section 6063(d) of this 
            title and the State Developmental Disabilities Council;
                (iii) be integrated into the appropriate university 
            affiliated program and university curriculum;
                (iv) be integrated with relevant State agencies in order 
            to achieve an impact on statewide personnel and service 
            needs;
                (v) to the extent practical, be conducted in 
            environments where services are actually delivered;
                (vi) to the extent possible, be interdisciplinary in 
            nature;
                (vii) utilize strategies to recruit and train members 
            from racial and ethnic minority backgrounds and individuals 
            with disabilities; and
                (viii) address the issue of cultural competence in the 
            training provided.

(c) Supplemental awards

    From amounts appropriated under section 6066(a) of this title, the 
Secretary may make grants to university affiliated programs receiving 
grants under subsection (a) of this section to support one or more of 
the following activities:
        (1) The provision of interdisciplinary training, community 
    training and technical assistance, community services, or 
    dissemination of information to individuals with developmental 
    disabilities, family members of such individuals, professionals, 
    volunteers, or other personnel to enable such individuals, family 
    members, professionals, volunteers, or personnel to provide services 
    to increase or maintain the independence, productivity, and 
    integration and inclusion into the community of individuals with 
    developmental disabilities and not otherwise specified in subsection 
    (b) of this section.
        (2) The conduct of an applied research program designed to 
    produce more efficient and effective methods for the delivery of 
    services to individuals with developmental disabilities, and the 
    training of professionals, paraprofessionals, and family members who 
    provide such services.

(d) Feasibility studies

    From amounts appropriated under section 6066(a) of this title, the 
Secretary may make a grant to a university or a public or nonprofit 
entity which is associated with, or is an integral part of, a college or 
university, to study the feasibility of establishing a university 
affiliated program. Such study shall include an assessment of the needs 
of the area in which the university is located for such a program or 
center.\2\ The amount of a grant under this subsection may not exceed 
$35,000 for any fiscal year. A grant under this subsection may only be 
made in a State in which there is no university affiliated program.
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    \2\ So in original. The words ``or center'' probably should not 
appear. See 1994 Amendment note below.
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(Pub. L. 88-164, title I, Sec. 152, as added Pub. L. 98-527, Sec. 2, 
Oct. 19, 1984, 98 Stat. 2681; amended Pub. L. 100-146, title IV, 
Sec. 402, Oct. 29, 1987, 101 Stat. 853; Pub. L. 101-496, Sec. 17, Oct. 
31, 1990, 104 Stat. 1200; Pub. L. 103-230, title IV, Sec. 403, Apr. 6, 
1994, 108 Stat. 320; Pub. L. 105-12, Sec. 9(l)(3), Apr. 30, 1997, 111 
Stat. 28.)

                       References in Text

    Section 6064(a) of this title, referred to in subsec. (a), was 
amended generally by Pub. L. 103-230, title IV, Sec. 405, Apr. 6, 1994, 
108 Stat. 326, and, as so amended, no longer contains provisions 
authorizing appropriations for this section. See section 6066(a) of this 
title.
    The Americans with Disabilities Act of 1990, referred to in subsec. 
(b)(3)(F), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is 
classified principally to chapter 126 (Sec. 12101 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 12101 of this title and Tables.
    Section 1425 of title 20, referred to in subsec. (b)(3)(G), was 
repealed by Pub. L. 105-17, title II, Sec. 203(c), June 4, 1997, 111 
Stat. 157.


                            Prior Provisions

    A prior section 6062, Pub. L. 88-164, title I, Sec. 132, as added 
Pub. L. 91-517, title I, Sec. 101(b), Oct. 30, 1970, 84 Stat. 1317; 
amended Pub. L. 94-103, title I, Sec. 110(b)-(e)(1), title III, 
Sec. 302(b)(1), Oct. 4, 1975, 89 Stat. 489, 490, 506; Pub. L. 94-278, 
title XI, Sec. 1107(a) Apr. 22, 1976, 90 Stat. 416; Pub. L. 95-602, 
title V, Sec. 510(b), Nov. 6, 1978, 92 Stat. 3010, related to allotments 
to States, prior to the general amendment of this chapter by Pub. L. 98-
527. See section 6025 of this title.


                               Amendments

    1997--Subsec. (b)(5). Pub. L. 105-12 inserted at end ``Such grants 
shall not be used in a manner inconsistent with section 14403 of this 
title.''
    1994--Pub. L. 103-230, Sec. 403(a), reenacted section catchline 
without change.
    Subsec. (a). Pub. L. 103-230, Sec. 403(b)(1), inserted heading and 
in text substituted ``6061 of this title. Grants may be awarded for a 
period not to exceed 5 years.'' for ``6001(18) of this title.''
    Subsec. (b). Pub. L. 103-230, Sec. 403(b)(2), amended subsec. (b) 
generally, inserting heading and in text substituting provisions 
directing making of grants to support various training projects and 
relating to eligibility limitations, areas of focus, courses, 
traineeships and fellowships, prohibited activities, and criteria to 
which grants are subject for provisions directing making of grants to 
support various training projects and relating to purposes of various 
grants.
    Subsec. (c). Pub. L. 103-230, Sec. 403(b)(3)(A), inserted heading 
and in text substituted ``section 6066(a) of this title'' for ``section 
6064(b) of this title'' in introductory provisions.
    Subsec. (c)(1). Pub. L. 103-230, Sec. 403(b)(3)(B), substituted 
``interdisciplinary training, community training and technical 
assistance, community services, or dissemination of information to 
individuals'' for ``service-related training to persons'', 
``individuals'' for ``persons'' in two places, and ``integration and 
inclusion into the community of individuals with developmental 
disabilities and not otherwise specified in subsection (b) of this 
section'' for ``integration into the community of persons with 
developmental disabilities''.
    Subsec. (c)(2). Pub. L. 103-230, Sec. 403(b)(3)(C), substituted 
``individuals'' for ``persons'' and ``family members'' for ``parents'' 
and struck out ``(A)'' before ``the delivery of services'' and ``(B)'' 
before ``the training of professionals''.
    Subsec. (d). Pub. L. 103-230, Sec. 403(b)(5), redesignated subsec. 
(e) as (d), inserted heading, substituted ``section 6066(a) of this 
title'' for ``section 6064(a) of this title'', and struck out ``or a 
satellite center'' after ``a university affiliated program'' and ``or 
satellite center'' after ``no university affiliated program''.
    Pub. L. 103-230, Sec. 403(b)(4), struck out subsec. (d) which read 
as follows: ``From amounts appropriated under section 6064(a) of this 
title, the Secretary may make grants to pay part of the costs of 
establishing satellite centers and may make grants to satellite centers 
to pay part of their administration and operation costs. A satellite 
center which receives a grant under this section may engage in the 
activities described in subparagraph (A), (B), or (C) of section 
6001(18) of this title and may compete for grants under subsections (b) 
and (c) of this section.''
    Subsec. (e). Pub. L. 103-230, Sec. 403(b)(5)(A), redesignated 
subsec. (e) as (d).
    Subsecs. (f), (g). Pub. L. 103-230, Sec. 403(b)(6), struck out 
subsecs. (f) and (g) which read as follows:
    ``(f) The Secretary shall only make grants under this section to 
university affiliated programs which establish a consumer advisory 
committee comprised of consumers, family members, representatives of 
State protection and advocacy systems, developmental disabilities 
councils (including State service agency directors), local agencies, and 
private nonprofit groups concerned with providing services for persons 
with developmental disabilities.
    ``(g) A university affiliated program shall not be eligible to 
receive funds for training projects pursuant to this section unless--
        ``(1) such program has operated for at least 1 year; or
        ``(2) the Secretary determines that such project has 
    demonstrated the capacity to develop an effective training program 
    during the first year such program is operated.''
    1990--Subsec. (b)(1)(A). Pub. L. 101-496, Sec. 17(1)(A)-(C), struck 
out ``sufficient size and scope'' after ``grants of'', substituted 
``community-based'' for ``and community-based'', and inserted provision 
before period at end including programs described in pars. (5), (6), and 
(7).
    Subsec. (b)(1)(B) to (F). Pub. L. 101-496, Sec. 17(1)(D)-(F), added 
subpars. (B) to (E), redesignated former subpar. (C) as (F), and struck 
out former subpar. (B) which read as follows: ``The Secretary shall make 
determinations with respect to grants under this subsection based on 
information relating to present and projected needs for the training of 
personnel based on identified State, regional, or national shortages of 
personnel, the capacity of the university affiliated programs to train 
personnel, and such other information as may be determined necessary and 
appropriate by the Secretary.''
    Subsec. (b)(5) to (7). Pub. L. 101-496, Sec. 17(2), added pars. (5) 
to (7).
    Subsecs. (f), (g). Pub. L. 101-496, Sec. 17(3), added subsecs. (f) 
and (g).
    1987--Subsec. (a). Pub. L. 100-146, Sec. 402(a), substituted 
``section 6064(a) of this title'' for ``section 6064 of this title'', 
``programs'' for ``facilities'', and ``section 6001(18) of this title'' 
for ``section 6001(13) of this title''.
    Subsec. (b). Pub. L. 100-146, Sec. 402(b)(1), (3), added subsec. (b) 
and struck out former subsec. (b) which authorized additional grants and 
specified activities for which such grants could be used.
    Subsec. (c). Pub. L. 100-146, Sec. 402(b)(3), added subsec. (c). 
Former subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 100-146, Sec. 402(b)(1), (2), redesignated 
former subsec. (c) as (d), substituted ``From amounts appropriated under 
section 6064(a) of this title, the'' for ``The'' and ``section 6001(18) 
of this title and may compete for grants under subsections (b) and (c) 
of this section'' for ``section 6001(13) of this title'', and struck out 
former subsec. (d) which related to limitations on satellite center 
grants.
    Subsec. (e). Pub. L. 100-146, Sec. 402(b)(4), added subsec. (e).


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-12 effective Apr. 30, 1997, and applicable 
to Federal payments made pursuant to obligations incurred after Apr. 30, 
1997, for items and services provided on or after such date, subject to 
also being applicable with respect to contracts entered into, renewed, 
or extended after Apr. 30, 1997, as well as contracts entered into 
before Apr. 30, 1997, to the extent permitted under such contracts, see 
section 11 of Pub. L. 105-12, set out as an Effective Date note under 
section 14401 of this title.


                    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 6001, 6063, 6064, 6066 of 
this title.
