42 U.S.C. § 15002 — Definitions

Page 8663 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15002 (13) The Chairperson of the National Council on Dis- ability; and (14) No more than 21 other members who shall be ap- pointed to the Committee by the President. These cit- izen members shall consist of individuals who represent a broad spectrum of perspectives, experience, and ex- pertise on intellectual disabilities; persons with intel- lectual disabilities and members of families with a child or adult with intellectual disabilities; and persons employed in either the public or the private sector. Ex- cept as the President may from time to time otherwise direct, appointees under this paragraph shall serve for two-year terms, except that an appointment made to fill a vacancy occurring before the expiration of a term shall be made for the balance of the unexpired term. (b) The President shall designate the Chair of the Committee from the 21 citizen members. The Chair shall preside over meetings of the Committee and rep- resent the Committee on appropriate occasions. SEC. 3. Functions of the Committee. (a) Consistent with subsection (c) of this section, the Committee shall: (1) provide such advice concerning intellectual dis- abilities as the President or the Secretary of Health and Human Services may request; and (2) provide advice to the President concerning the fol- lowing for people with intellectual disabilities: (A) expansion of educational opportunities; (B) promotion of homeownership; (C) assurance of workplace integration; (D) improvement of transportation options; (E) expansion of full access to community living; and (F) increasing access to assistive and universally de- signed technologies. (b) The Committee shall provide an annual report to the President through the Secretary of Health and Human Services. Such additional reports may be made as the President may direct or as the Committee may deem appropriate. (c) The members shall advise the President and carry out their advisory role consistent with the require- ments of the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.]. SEC. 4. Cooperation by Agencies. The heads of Federal departments and agencies shall: (a) designate, when requested by the Secretary of Health and Human Services, an officer or employee of such department or agency to serve as a liaison with the Committee; and (b) furnish such information and assistance to the Committee, to the extent permitted by law, as the Sec- retary of Health and Human Services may request to assist the Committee in performing its functions under this order. SEC. 5. Administration. (a) The Department of Health and Human Services shall provide the Committee with necessary staff support, administrative services and fa- cilities, and funding, to the extent permitted by law. (b) Each member of the Committee, except any mem- ber who receives other compensation from the United States Government, may receive compensation for each day engaged in the work of the Committee, as author- ized by law (5 U.S.C. 3109), and may also receive travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5701–5707), for persons em- ployed intermittently in the Government service. Com- mittee members with disabilities may be compensated for attendant expenses, consistent with Government procedures and practices. (c) The Secretary of Health and Human Services shall perform such other functions with respect to the Com- mittee as may be required by the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], except that of reporting to the Congress. SEC. 6. General. (a) Nothing in this order shall be con- strued as subjecting any Federal agency, or any func- tion vested by law in, or assigned pursuant to law to, any Federal agency, to the authority of the Committee or as abrogating or restricting any such function in any manner. (b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, instrumental- ities, or entities, its officers or employees, or any other person. EXTENSION OF TERM OF PRESIDENT’S COMMITTEE FOR PEOPLE WITH INTELLECTUAL DISABILITIES Term of the President’s Committee for People with Intellectual Disabilities extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees. Previous extensions of term of the President’s Com- mittee for People with Intellectual Disabilities (for- merly President’s Committee on Mental Retardation) were contained in the following prior Executive Orders: Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, ex- tended term until Sept. 30, 2023. Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, ex- tended term until Sept. 30, 2021. Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, ex- tended term until Sept. 30, 2019. Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, ex- tended term until Sept. 30, 2017. Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, ex- tended term until Sept. 30, 2015. Ex. Ord. No. 13585, Sept. 30, 2011, 76 F.R. 62281, ex- tended term until Sept. 30, 2013. Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, ex- tended term until Sept. 30, 2011. Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, ex- tended term until Sept. 30, 2009. Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, ex- tended term until Sept. 30, 2007. Ex. Ord. No. 13309, § 5, July 25, 2003, 68 F.R. 44851, changed name to Committee for People with Intellec- tual Disabilities and extended term until Sept. 30, 2005. Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, ex- tended term until Sept. 30, 2003. Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, ex- tended term until Sept. 30, 2001. Ex. Ord. No. 13062, § 1(k), Sept. 29, 1997, 62 F.R. 51755, extended term until Sept. 30, 1999. Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, ex- tended term until Sept. 30, 1997. Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, ex- tended term until Sept. 30, 1995. Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, ex- tended term until Sept. 30, 1993. Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, ex- tended term until Sept. 30, 1991. Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, ex- tended term until Sept. 30, 1989. Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, ex- tended term until Sept. 30, 1987. Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, ex- tended term until Sept. 30, 1985. Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, extended term until Sept. 30, 1984. Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, extended term of President’s Committee on Mental Retardation until Dec. 31, 1982. § 15002. Definitions In this subchapter: (1) American Indian Consortium The term ‘‘American Indian Consortium’’ means any confederation of 2 or more recog- nized 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 con- tiguous territory of Indian lands in 2 or more States. (2) Areas of emphasis The term ‘‘areas of emphasis’’ means the areas related to quality assurance activities, Page 8664 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15002 education activities and early intervention ac- tivities, child care-related activities, health- related activities, employment-related activi- ties, housing-related activities, transpor- tation-related activities, recreation-related activities, and other services available or of- fered to individuals in a community, including formal and informal community supports, that affect their quality of life. (3) Assistive technology device The term ‘‘assistive technology device’’ means any item, piece of equipment, or prod- uct system, whether acquired commercially, modified or customized, that is used to in- crease, maintain, or improve functional capa- bilities of individuals with developmental dis- abilities. (4) Assistive technology service The term ‘‘assistive technology service’’ means any service that directly assists an in- dividual with a developmental disability in the selection, acquisition, or use of an assist- ive technology device. Such term includes— (A) conducting an evaluation of the needs of an individual with a developmental dis- ability, including a functional evaluation of the individual in the individual’s customary environment; (B) purchasing, leasing, or otherwise pro- viding for the acquisition of an assistive technology device by an individual with a developmental disability; (C) selecting, designing, fitting, custom- izing, adapting, applying, maintaining, re- pairing or replacing an assistive technology device; (D) coordinating and using another ther- apy, intervention, or service with an assist- ive technology device, such as a therapy, intervention, or service associated with an education or rehabilitation plan or program; (E) providing training or technical assist- ance for an individual with a developmental disability, or, where appropriate, a family member, guardian, advocate, or authorized representative of an individual with a devel- opmental disability; and (F) providing training or technical assist- ance for professionals (including individuals providing education and rehabilitation serv- ices), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life func- tions of, an individual with developmental disabilities. (5) Center The term ‘‘Center’’ means a University Cen- ter for Excellence in Developmental Disabil- ities Education, Research, and Service estab- lished under part D. (6) Child care-related activities The term ‘‘child care-related activities’’ means advocacy, capacity building, and sys- temic change activities that result in families of children with developmental disabilities having access to and use of child care services, including before-school, after-school, and out- of-school services, in their communities. (7) Culturally competent The term ‘‘culturally competent’’, used with respect to services, supports, or other assist- ance, means services, supports, or other assist- ance that is conducted or provided in a man- ner that is responsive to the beliefs, inter- personal styles, attitudes, language, and be- haviors of individuals who are receiving the services, supports, or other assistance, and in a manner that has the greatest likelihood of ensuring their maximum participation in the program involved. (8) Developmental disability (A) In general The term ‘‘developmental disability’’ means a severe, chronic disability of an indi- vidual that— (i) is attributable to a mental or phys- ical impairment or combination of mental and physical impairments; (ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely; (iv) results in substantial functional lim- itations in 3 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. (VII) Economic self-sufficiency; and (v) reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, indi- vidualized supports, or other forms of as- sistance that are of lifelong or extended duration and are individually planned and coordinated. (B) Infants and young children An individual from birth to age 9, inclu- sive, who has a substantial developmental delay or specific congenital or acquired con- dition, may be considered to have a develop- mental disability without meeting 3 or more of the criteria described in clauses (i) through (v) of subparagraph (A) if the indi- vidual, without services and supports, has a high probability of meeting those criteria later in life. (9) Early intervention activities The term ‘‘early intervention activities’’ means advocacy, capacity building, and sys- temic change activities provided to individ- uals described in paragraph (8)(B) and their families to enhance— (A) the development of the individuals to maximize their potential; and (B) the capacity of families to meet the special needs of the individuals. (10) Education activities The term ‘‘education activities’’ means ad- vocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities being able to access appropriate supports and modifications Page 8665 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15002 when necessary, to maximize their edu- cational potential, to benefit from lifelong educational activities, and to be integrated and included in all facets of student life. (11) Employment-related activities The term ‘‘employment-related activities’’ means advocacy, capacity building, and sys- temic change activities that result in individ- uals with developmental disabilities acquir- ing, retaining, or advancing in paid employ- ment, including supported employment or self- employment, in integrated settings in a com- munity. (12) Family support services (A) In general The term ‘‘family support services’’ means services, supports, and other assistance, pro- vided to families with members who have de- velopmental disabilities, that are designed to— (i) strengthen the family’s role as pri- mary caregiver; (ii) prevent inappropriate out-of-the- home placement of the members and main- tain family unity; and (iii) reunite families with members who have been placed out of the home when- ever possible. (B) Specific services Such term includes respite care, provision of rehabilitation technology and assistive technology, personal assistance services, parent training and counseling, support for families headed by aging caregivers, vehic- ular and home modifications, and assistance with extraordinary expenses, associated with the needs of individuals with developmental disabilities. (13) Health-related activities The term ‘‘health-related activities’’ means advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities having access to and use of coordinated health, dental, men- tal health, and other human and social serv- ices, including prevention activities, in their communities. (14) Housing-related activities The term ‘‘housing-related activities’’ means advocacy, capacity building, and sys- temic change activities that result in individ- uals with developmental disabilities having access to and use of housing and housing sup- ports and services in their communities, in- cluding assistance related to renting, owning, or modifying an apartment or home. (15) Inclusion The term ‘‘inclusion’’, used with respect to individuals with developmental disabilities, means the acceptance and encouragement of the presence and participation of individuals with developmental disabilities, by individuals without disabilities, in social, educational, work, and community activities, that enables individuals with developmental disabilities to— (A) have friendships and relationships with individuals and families of their own choice; (B) live in homes close to community re- sources, with regular contact with individ- uals without disabilities in their commu- nities; (C) enjoy full access to and active partici- pation in the same community activities and types of employment as individuals without disabilities; and (D) take full advantage of their integra- tion into the same community resources as individuals without disabilities, living, learning, working, and enjoying life in reg- ular contact with individuals without dis- abilities. (16) Individualized supports The term ‘‘individualized supports’’ means supports that— (A) enable an individual with a develop- mental disability to exercise self-determina- tion, be independent, be productive, and be integrated and included in all facets of com- munity life; (B) are designed to— (i) enable such individual to control such individual’s environment, permitting the most independent life possible; (ii) prevent placement into a more re- strictive living arrangement than is nec- essary; and (iii) enable such individual to live, learn, work, and enjoy life in the community; and (C) include— (i) early intervention services; (ii) respite care; (iii) personal assistance services; (iv) family support services; (v) supported employment services; (vi) support services for families headed by aging caregivers of individuals with de- velopmental disabilities; and (vii) provision of rehabilitation tech- nology and assistive technology, and as- sistive technology services. (17) Integration The term ‘‘integration’’, used with respect to individuals with developmental disabilities, means exercising the equal right of individuals with developmental disabilities to access and use the same community resources as are used by and available to other individuals. (18) Not-for-profit The term ‘‘not-for-profit’’, used with respect to an agency, institution, or organization, means an agency, institution, or organization that is owned or operated by 1 or more cor- porations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private share- holder or individual. (19) Personal assistance services The term ‘‘personal assistance services’’ means a range of services, provided by 1 or more individuals, designed to assist an indi- vidual with a disability to perform daily ac- tivities, including activities on or off a job that such individual would typically perform if such individual did not have a disability. Page 8666 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15002 Such services shall be designed to increase such individual’s control in life and ability to perform everyday activities, including activi- ties on or off a job. (20) Prevention activities The term ‘‘prevention activities’’ means ac- tivities that address the causes of develop- mental disabilities and the exacerbation of functional limitation, such as activities that— (A) eliminate or reduce the factors that cause or predispose individuals to develop- mental disabilities or that increase the prev- alence of developmental disabilities; (B) increase the early identification of problems to eliminate circumstances that create or increase functional limitations; and (C) mitigate against the effects of develop- mental disabilities throughout the lifespan of an individual. (21) Productivity The term ‘‘productivity’’ means— (A) engagement in income-producing work that is measured by increased income, im- proved employment status, or job advance- ment; or (B) engagement in work that contributes to a household or community. (22) Protection and advocacy system The term ‘‘protection and advocacy system’’ means a protection and advocacy system es- tablished in accordance with section 15043 of this title. (23) Quality assurance activities The term ‘‘quality assurance activities’’ means advocacy, capacity building, and sys- temic change activities that result in im- proved consumer- and family-centered quality assurance and that result in systems of qual- ity assurance and consumer protection that— (A) include monitoring of services, sup- ports, and assistance provided to an indi- vidual with developmental disabilities that ensures that the individual— (i) will not experience abuse, neglect, sexual or financial exploitation, or viola- tion of legal or human rights; and (ii) will not be subject to the inappro- priate use of restraints or seclusion; (B) include training in leadership, self-ad- vocacy, and self-determination for individ- uals with developmental disabilities, their families, and their guardians to ensure that those individuals— (i) will not experience abuse, neglect, sexual or financial exploitation, or viola- tion of legal or human rights; and (ii) will not be subject to the inappro- priate use of restraints or seclusion; or (C) include activities related to inter- agency coordination and systems integra- tion that result in improved and enhanced services, supports, and other assistance that contribute to and protect the self-deter- mination, independence, productivity, and integration and inclusion in all facets of community life, of individuals with develop- mental disabilities. (24) Recreation-related activities The term ‘‘recreation-related activities’’ means advocacy, capacity building, and sys- temic change activities that result in individ- uals with developmental disabilities having access to and use of recreational, leisure, and social activities, in their communities. (25) Rehabilitation technology The term ‘‘rehabilitation technology’’ means the systematic application of tech- nologies, engineering methodologies, or sci- entific principles to meet the needs of, and ad- dress the barriers confronted by, individuals with developmental disabilities in areas that include education, rehabilitation, employ- ment, transportation, independent living, and recreation. Such term includes rehabilitation engineering, and the provision of assistive technology devices and assistive technology services. (26) Secretary The term ‘‘Secretary’’ means the Secretary of Health and Human Services. (27) Self-determination activities The term ‘‘self-determination activities’’ means activities that result in individuals with developmental disabilities, with appro- priate assistance, having— (A) the ability and opportunity to commu- nicate and make personal decisions; (B) the ability and opportunity to commu- nicate choices and exercise control over the type and intensity of services, supports, and other assistance the individuals receive; (C) the authority to control resources to obtain needed services, supports, and other assistance; (D) opportunities to participate in, and contribute to, their communities; and (E) support, including financial support, to advocate for themselves and others, to de- velop leadership skills, through training in self-advocacy, to participate in coalitions, to educate policymakers, and to play a role in the development of public policies that af- fect individuals with developmental disabil- ities. (28) State The term ‘‘State’’, except as otherwise pro- vided, includes, in addition to each of the sev- eral States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (29) State Council on Developmental Disabil- ities The term ‘‘State Council on Developmental Disabilities’’ means a Council established under section 15025 of this title. (30) Supported employment services The term ‘‘supported employment services’’ means services that enable individuals with developmental disabilities to perform com- petitive work in integrated work settings, in the case of individuals with developmental dis- abilities— Page 8667 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15004 (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 significant disabilities; and (B) who, because of the nature and severity of their disabilities, need intensive sup- ported employment services or extended services in order to perform such work. (31) Transportation-related activities The term ‘‘transportation-related activi- ties’’ means advocacy, capacity building, and systemic change activities that result in indi- viduals with developmental disabilities having access to and use of transportation. (32) Unserved and underserved The term ‘‘unserved and underserved’’ in- cludes populations such as individuals from racial and ethnic minority backgrounds, dis- advantaged individuals, individuals with lim- ited English proficiency, individuals from un- derserved geographic areas (rural or urban), and specific groups of individuals within the population of individuals with developmental disabilities, including individuals who require assistive technology in order to participate in and contribute to community life. (Pub. L. 106–402, title I, § 102, Oct. 30, 2000, 114 Stat. 1682.) § 15003. Records and audits (a) Records Each recipient of assistance under this sub- chapter shall keep such records as the Secretary shall prescribe, including— (1) records that fully disclose— (A) the amount and disposition by such re- cipient of the assistance; (B) the total cost of the project or under- taking in connection with which such assist- ance is given or used; and (C) the amount of that portion of the cost of the project or undertaking that is sup- plied by other sources; and (2) such other records as will facilitate an ef- fective audit. (b) Access The Secretary and the Comptroller General of the United States, or any of their duly author- ized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients of assistance under this subchapter that are per- tinent to such assistance. (Pub. L. 106–402, title I, § 103, Oct. 30, 2000, 114 Stat. 1688.) § 15004. Responsibilities of the Secretary (a) Program accountability (1) In general In order to monitor entities that received funds under this chapter to carry out activi- ties under parts B, C, and D and determine the extent to which the entities have been respon- sive to the purpose of this subchapter and have taken actions consistent with the policy de- scribed in section 15001(c) of this title, the Sec- retary shall develop and implement an ac- countability process as described in this sub- section, with respect to activities conducted after October 1, 2001. (2) Areas of emphasis The Secretary shall develop a process for identifying and reporting (pursuant to section 15005 of this title) on progress achieved through advocacy, capacity building, and sys- temic change activities, undertaken by the en- tities described in paragraph (1), that resulted in individuals with developmental disabilities and their families participating in the design of and having access to needed community services, individualized supports, and other forms of assistance that promote self-deter- mination, independence, productivity, and in- tegration and inclusion in all facets of com- munity life. Specifically, the Secretary shall develop a process for identifying and reporting on progress achieved, through advocacy, ca- pacity building, and systemic change activi- ties, by the entities in the areas of emphasis. (3) Indicators of progress (A) In general In identifying progress made by the enti- ties described in paragraph (1) in the areas of emphasis, the Secretary, in consultation with the Commissioner of the Administra- tion on Developmental Disabilities and the entities, shall develop indicators for each area of emphasis. (B) Proposed indicators Not later than 180 days after October 30, 2000, the Secretary shall develop and publish in the Federal Register for public comment proposed indicators of progress for moni- toring how entities described in paragraph (1) have addressed the areas of emphasis de- scribed in paragraph (2) in a manner that is responsive to the purpose of this subchapter and consistent with the policy described in section 15001(c) of this title. (C) Final indicators Not later than October 1, 2001, the Sec- retary shall revise the proposed indicators of progress, to the extent necessary based on public comment, and publish final indicators of progress in the Federal Register. (D) Specific measures At a minimum, the indicators of progress shall be used to describe and measure— (i) the satisfaction of individuals with developmental disabilities with the advo- cacy, capacity building, and systemic change activities provided under parts B, C, and D; (ii) the extent to which the advocacy, ca- pacity building, and systemic change ac- tivities provided through parts B, C, and D result in improvements in— (I) the ability of individuals with de- velopmental disabilities to make choices and exert control over the type, inten- sity, and timing of services, supports, and assistance that the individuals have used;