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42 U.S.C. § 15004Responsibilities of the Secretary

submitted 26 years ago by Pub. L. 106-402 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 837 words · no verdicts yet

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The Secretary must build a system to track whether groups funded under this law are meeting its goals, using public indicators of progress developed by 2001. The Secretary must also issue implementing regulations within a year and keep running an interagency committee that coordinates federal disability programs, meeting in public with advance notice.

(a) Program accountability. (1) In general. To monitor entities that receive funding under Parts B, C, and D, and see how well they meet this subchapter's purpose and the policy in section 15001(c), the Secretary must build and run an accountability process, covering activities carried out after October 1, 2001. (2) Areas of emphasis. The Secretary must set up a way to identify and report — under section 15005 — progress these entities made, through advocacy, capacity building, and systemic change activities, in helping people with developmental disabilities and their families participate in designing, and get access to, needed community services, supports, and assistance, specifically in the areas of emphasis. (3) Indicators of progress. (A) In general — the Secretary, with the Commissioner of the Administration on Developmental Disabilities and the funded entities, must develop indicators for each area of emphasis. (B) Proposed indicators — within 180 days of October 30, 2000, the Secretary must publish proposed indicators in the Federal Register for public comment. (C) Final indicators — by October 1, 2001, the Secretary must revise the proposed indicators based on comments and publish final indicators in the Federal Register. (D) Specific measures — at minimum, the indicators must measure (i) how satisfied people with developmental disabilities are with the funded activities; (ii) whether those activities improved (I) people's ability to make choices and control their services, (II) their ability to take part in community life with people of their choosing, and (III) their ability to access services safely, free from abuse, exploitation, rights violations, and improper restraint or seclusion; and (iii) how well the funded entities collaborate with each other. (4) Time line for compliance with indicators of progress. The Secretary must require the funded entities to meet these indicators. Starting with fiscal year 2002, the Secretary must apply the indicators when monitoring activities conducted after October 1, 2001. (b) Time line for regulations. Unless this subchapter says otherwise, the Secretary must issue whatever regulations are needed to carry it out within 1 year of October 30, 2000. (c) Interagency committee. (1) In general. The Secretary must keep running the interagency committee authorized under section 6007, as it existed the day before October 30, 2000, except as changed in this subsection. (2) Composition. The committee is made up of representatives from (A) the Administration on Developmental Disabilities, the Administration on Children, Youth, and Families, the Administration on Aging, and the Health Resources and Services Administration — all within HHS — and (B) any other federal departments or agencies the Secretary considers appropriate. (3) Duties. The committee must meet regularly to coordinate and plan federal activities for people with developmental disabilities. (4) Meetings. Every meeting, except subcommittee meetings, must be open to the public, with notice and an agenda published in the Federal Register at least 14 days beforehand.
the actual law source: uscode.house.gov ↗public domain
(a) Program accountability
(1) In general

In order to monitor entities that received funds under this chapter to carry out activities under parts B, C, and D and determine the extent to which the entities have been responsive to the purpose of this subchapter and have taken actions consistent with the policy described in section 15001(c) of this title, the Secretary shall develop and implement an accountability process as described in this subsection, 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 systemic change activities, undertaken by the entities 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-determination, independence, productivity, and integration and inclusion in all facets of community life. Specifically, the Secretary shall develop a process for identifying and reporting on progress achieved, through advocacy, capacity building, and systemic change activities, by the entities in the areas of emphasis.

(3) Indicators of progress
(A) In general

In identifying progress made by the entities described in paragraph (1) in the areas of emphasis, the Secretary, in consultation with the Commissioner of the Administration 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 monitoring how entities described in paragraph (1) have addressed the areas of emphasis described 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 Secretary 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 advocacy, capacity building, and systemic change activities provided under parts B, C, and D;

(ii)

the extent to which the advocacy, capacity building, and systemic change activities provided through parts B, C, and D result in improvements in—

(I)

the ability of individuals with developmental disabilities to make choices and exert control over the type, intensity, and timing of services, supports, and assistance that the individuals have used;

(II)

the ability of individuals with developmental disabilities to participate in the full range of community life with persons of the individuals’ choice; and

(III)

the ability of individuals with developmental disabilities to access services, supports, and assistance in a manner that ensures that such an individual is free from abuse, neglect, sexual and financial exploitation, violation of legal and human rights, and the inappropriate use of restraints and seclusion; and

(iii)

the extent to which the entities described in paragraph (1) collaborate with each other to achieve the purpose of this subchapter and the policy described in section 15001(c) of this title.

(4) Time line for compliance with indicators of progress

The Secretary shall require entities described in paragraph (1) to meet the indicators of progress described in paragraph (3). For fiscal year 2002 and each year thereafter, the Secretary shall apply the indicators in monitoring entities described in paragraph (1), with respect to activities conducted after October 1, 2001.

(b) Time line for regulations

Except as otherwise expressly provided in this subchapter, the Secretary, not later than 1 year after October 30, 2000, shall promulgate such regulations as may be required for the implementation of this subchapter.

(c) Interagency committee
(1) In general

The Secretary shall maintain the interagency committee authorized in section 6007 of this title as in effect on the day before October 30, 2000, except as otherwise provided in this subsection.

(2) Composition

The interagency committee shall be composed of representatives of—

(A)

the Administration on Developmental Disabilities, the Administration on Children, Youth, and Families, the Administration on Aging, and the Health Resources and Services Administration, of the Department of Health and Human Services; and

(B)

such other Federal departments and agencies as the Secretary of Health and Human Services considers to be appropriate.

(3) Duties

Such interagency committee shall meet regularly to coordinate and plan activities conducted by Federal departments and agencies for individuals with developmental disabilities.

(4) Meetings

Each meeting of the interagency committee (except for any meetings of any subcommittees of the committee) shall be open to the public. Notice of each meeting, and a statement of the agenda for the meeting, shall be published in the Federal Register not later than 14 days before the date on which the meeting is to occur.

Source credit: (Pub. L. 106–402, title I, § 104, Oct. 30, 2000, 114 Stat. 1688.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-402 · 114 Stat. 1688

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-402 on 2000-10-30.

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