
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: 42USC6082]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 75--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
 
             SUBCHAPTER V--PROJECTS OF NATIONAL SIGNIFICANCE
 
Sec. 6082. Grant authority


(a) In general

    The Secretary--
        (1) shall make grants to and enter into contracts with public or 
    nonprofit private entities for projects of national significance 
    relating to individuals with developmental disabilities to--
            (A) support ongoing data collection on expenditures, 
        residential services and employment, and develop an ongoing data 
        collection system, including data collection on the 
        accomplishments of State Developmental Disabilities Councils, 
        protection and advocacy systems, and university affiliated 
        programs that includes data on the participation of individuals 
        from racial and ethnic minority backgrounds; and
            (B) provide technical assistance (including research, 
        training, and evaluation) that expands or improves the 
        effectiveness of State Developmental Disabilities Councils under 
        subchapter II of this chapter, protection and advocacy systems 
        under subchapter III of this chapter, and university affiliated 
        programs under subchapter IV of this chapter, including the 
        evaluation and assessment of the quality of services provided to 
        individuals with developmental disabilities and other activities 
        performed by programs under subchapters II, III, and IV of this 
        chapter; and

        (2) may make grants to and enter into contracts with public or 
    nonprofit private entities for projects of national significance 
    relating to individuals with developmental disabilities to conduct 
    other nationally significant initiatives of sufficient size and 
    scope that hold promise of expanding or otherwise improving 
    opportunities for individuals with developmental disabilities, 
    including--
            (A) conducting research and providing technical assistance 
        to assist States to develop statewide, comprehensive information 
        and referral and service coordination systems for individuals 
        with developmental disabilities and their families that are 
        culturally competent and that improve supportive living and 
        quality of life opportunities that enhance recreation, leisure, 
        and fitness;
            (B) educating policymakers, including the training of self-
        advocates and family members of individuals with developmental 
        disabilities;
            (C) pursuing Federal interagency initiatives that enhance 
        the ability of Federal agencies to address the needs of 
        individuals with developmental disabilities and their families;
            (D) expanding or otherwise improving opportunities for 
        individuals with developmental disabilities who are from racial 
        and ethnic minority backgrounds including projects to encourage 
        members of such groups to participate in the Developmental 
        Disabilities Programs authorized under subchapters II, III, and 
        IV of this chapter, and increase the involvement of students and 
        professionals of such groups in the provision of services to, 
        supports to, and advocacy for, individuals with developmental 
        disabilities; and
            (E) conducting research and providing technical assistance 
        to policymakers concerning the transition of youth with 
        developmental disabilities from school to work and to adult 
        life.

(b) Investigations

                           (1) In general

        Not later than April 1, 1994, there shall be a special 
    initiative to support grants to investigate the expansion of 
    subchapter II activities to individuals with severe disabilities 
    other than developmental disabilities. Such investigations shall be 
    implemented through the following activities:
            (A) A national study of State Developmental Disabilities 
        Councils that are currently mandated under State law or 
        Executive order to focus on individuals with disabilities other 
        than developmental disabilities. Such study shall be completed 
        not later than June 30, 1995.
            (B) Pilot initiatives by not more than five additional State 
        Developmental Disabilities Councils, in consultation with and 
        with the support of the protection and advocacy system and the 
        university affiliated program in such State, to study the 
        implications of such expansion in States in which such Councils 
        are located and to delineate barriers, opportunities, and 
        critical issues. Such initiatives shall be completed not later 
        than January 1996.
            (C) A national study of the process and outcomes of the 
        pilot studies conducted under subparagraph (B). Such study shall 
        be completed not later than May 30, 1996.

                           (2) Application

        No grant may be made under this subsection unless an applicant 
    submits to the Secretary an application, and meets the additional 
    application requirements, under subsection (c) of this section.

(c) Application and other grant requirements

    No grant may be made under subsection (a) of this section unless--
        (1) an application has been submitted to the Secretary in such 
    form, in such manner, and containing such information as the 
    Secretary shall by regulation prescribe and such application has 
    been approved by the Secretary;
        (2) each State in which the applicant's project will be 
    conducted has a State plan approved under section 6022 of this 
    title;
        (3) the application provides assurances that the human rights of 
    all individuals with developmental disabilities (especially those 
    individuals without familial protection) who are receiving services 
    under projects assisted under this subchapter will be protected 
    consistent with section 6009 of this title (relating to the rights 
    of individuals with developmental disabilities);
        (4) the applicant demonstrates, where appropriate, how the 
    project will address, in whole or part, the needs of individuals 
    with developmental disabilities from racial and ethnic minority 
    backgrounds;
        (5) the Secretary provides to the State Developmental 
    Disabilities Council in such State an opportunity to review the 
    application for such project and to submit its comments on the 
    application; and
        (6) the applicant provides assurances that the grant will not be 
    used in a manner inconsistent with section 14403 of this title.

(d) Priorities for grants

    Not later than January 1 of each year, the Secretary shall publish 
in the Federal Register proposed priorities for grants and contracts 
under this subchapter and shall allow a period of 60 days for public 
comments and suggestions concerning such proposed priorities. After 
analyzing and considering such comments, the Secretary shall publish 
final priorities for such grants and contracts in the Federal Register.

(e) Grant payments

    Payments under grants under subsection (a) of this section may be 
made in advance or by way of reimbursement and at such intervals and on 
such conditions, as the Secretary finds necessary. The amount of any 
grant under subsection (a) of this section shall be determined by the 
Secretary, except as otherwise provided under section 6083 of this 
title.

(f) List of recipients

    Not later than September 1 of each fiscal year, the Secretary shall 
publish in the Federal Register a list of the recipients of grants and 
contracts in each of the areas authorized in subsections (a) and (b) of 
this section, including a brief description of the project, and the 
amount of funds granted to each such project. The amounts for such 
grants and contracts shall total the amount appropriated under this 
subchapter for such fiscal year.

(Pub. L. 88-164, title I, Sec. 162, as added Pub. L. 98-527, Sec. 2, 
Oct. 19, 1984, 98 Stat. 2683; amended Pub. L. 100-146, title V, 
Sec. 502, Oct. 29, 1987, 101 Stat. 857; Pub. L. 101-496, Sec. 21, Oct. 
31, 1990, 104 Stat. 1204; Pub. L. 103-230, title V, Sec. 503, Apr. 6, 
1994, 108 Stat. 328; Pub. L. 105-12, Sec. 9(l)(4), Apr. 30, 1997, 111 
Stat. 28.)


                               Amendments

    1997--Subsec. (c)(6). Pub. L. 105-12 added par. (6).
    1994--Pub. L. 103-230, Sec. 503(a), substituted section catchline 
for former section catchline.
    Subsec. (a). Pub. L. 103-230, Sec. 503(b)(1), inserted heading and 
amended text generally. Prior to amendment, text read as follows: ``The 
Secretary may make grants to and enter into contracts with public or 
nonprofit private entities for--
        ``(1) projects of national significance relating to persons with 
    developmental disabilities, including projects to educate 
    policymakers, develop an ongoing data collection system, determine 
    the feasibility and desirability of developing a nationwide 
    information and referral system, improve supportive living and 
    quality of life opportunities which enhance recreation, leisure and 
    fitness, and pursue Federal interagency initiatives, and other 
    projects of sufficient size and scope and which hold promise of 
    expanding or otherwise improving opportunities for persons with 
    developmental disabilities (especially those who are 
    multihandicapped or disadvantaged, including minority groups, Native 
    Americans, Native Hawaiians, and other underserved groups); and
        ``(2) technical assistance and demonstration projects (including 
    research, training, and evaluation in connection with such projects) 
    which expand or improve the functions of the State Planning Council, 
    the functions performed by university affiliated programs and 
    satellite centers under subchapter IV of this chapter, and 
    protection and advocacy system described in section 6042 of this 
    title.
Projects for the evaluation and assessment of the quality of services 
provided persons with developmental disabilities which meet the 
requirements of subparagraphs (A), (B), and (C) of paragraph (1) may be 
included as projects for which grants are authorized under such 
paragraph.''
    Subsec. (b). Pub. L. 103-230, Sec. 503(b)(5), (6), added subsec. (b) 
and redesignated former subsec. (b) as (c).
    Pub. L. 103-230, Sec. 503(b)(2), inserted heading and amended text 
generally. Prior to amendment, text read as follows: ``No grant may be 
made under subsection (a) of this section unless an application therefor 
has been submitted to, and approved by, the Secretary. Such application 
shall be in such form, submitted in such manner, and contain such 
information as the Secretary shall by regulation prescribe. The 
Secretary may not approve such an application unless each State in which 
the applicant's project will be conducted has a State plan approved 
under section 6022 of this title, and unless the application provides 
assurances that the human rights of all persons with developmental 
disabilities (especially those persons without familial protection) who 
are receiving treatment, services, or habilitation under projects 
assisted under this subchapter will be protected consistent with section 
6009 of this title (relating to the rights of the developmentally 
disabled). The Secretary shall provide to the State Planning Council in 
such State an opportunity to review the application for such project and 
to submit its comments on the application.''
    Subsec. (c). Pub. L. 103-230, Sec. 503(b)(5), redesignated subsec. 
(b) as (c). Former subsec. (c) redesignated (d).
    Pub. L. 103-230, Sec. 503(b)(3), inserted heading.
    Subsec. (d). Pub. L. 103-230, Sec. 503(b)(5), redesignated subsec. 
(c) as (d). Former subsec. (d) redesignated (e).
    Pub. L. 103-230, Sec. 503(b)(4), inserted heading and in text 
inserted ``, except as otherwise provided under section 6083 of this 
title'' before period at end of second sentence.
    Subsec. (e). Pub. L. 103-230, Sec. 503(b)(5), redesignated subsec. 
(d) as (e).
    Subsec. (f). Pub. L. 103-230, Sec. 503(b)(7), added subsec. (f).
    1990--Subsec. (a)(1). Pub. L. 101-496, Sec. 21(1), inserted 
``improve supportive living and quality of life opportunities which 
enhance recreation, leisure and fitness,'' after ``referral system,''.
    Subsec. (a)(2). Pub. L. 101-496, Sec. 21(2), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``technical 
assistance and demonstration projects (including research, training, and 
evaluation in connection with such projects) which hold promise of 
expanding or otherwise improving the advocacy functions of the State 
Planning Council, the functions performed by university affiliated 
programs and satellite centers under subchapter IV of this chapter, and 
protection and advocacy services relating to the State protection and 
advocacy system described in section 6042 of this title.''
    1987--Subsec. (a). Pub. L. 100-146, Sec. 502(a)(1), (2), inserted 
``and enter into contracts with'' in introductory provisions, inserted 
par. (1), and struck out former par. (1) which read as follows: 
``demonstration projects--
        ``(A) which are conducted in more than one State,
        ``(B) which involve the participation of two or more Federal 
    departments or agencies, or
        ``(C) which are otherwise of national significance,
and which hold promise of expanding or otherwise improving services to 
persons with developmental disabilities (especially those who are 
multihandicapped or disadvantaged, including Native Americans, Native 
Hawaiians, and other underserved groups); and''.
    Subsec. (a)(2). Pub. L. 100-146, Sec. 502(a)(3), inserted ``the 
advocacy functions of the State Planning Council, the functions 
performed by university affiliated programs and satellite centers under 
subchapter IV of this chapter, and'' after ``otherwise improving''.
    Subsec. (b). Pub. L. 100-146, Sec. 502(b), substituted ``in such 
State an opportunity'' for ``for each State in which an applicant's 
project will be conducted an opportunity''.
    Subsecs. (c), (d). Pub. L. 100-146, Sec. 502(c), added subsec. (c) 
and redesignated former subsec. (c) as (d).


                    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 section 6083 of this title.
