42 U.S.C. § 15004 — Responsibilities 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
The Secretary must create an accountability process for programs funded under parts B, C, and D, including progress indicators and public reporting. The Secretary must also issue implementation regulations and maintain an interagency committee with public meetings.
(a) Program accountability
(1) For activities after October 1, 2001, the Secretary* must monitor entities funded under parts B, C, and D and determine whether they respond to this subchapter’s purpose and follow its policy. (2) The process must identify and report progress from advocacy, capacity building, and systemic change that helps people and families design and access services, supports, and assistance promoting self-determination, independence, productivity*, integration, and inclusion, specifically in the listed areas of emphasis*. (3) Consulting the Commissioner of the Administration on Developmental Disabilities and the entities, the Secretary must create indicators for each area. Proposed indicators must be published for public comment within 180 days after October 30, 2000; final indicators must be revised as needed and published by October 1, 2001. At minimum they must measure people’s satisfaction; improvements in choice and control over services; participation in community life with chosen people; access free from abuse, neglect, exploitation, rights violations, inappropriate restraint, and seclusion; and collaboration among entities. (4) The Secretary must require entities to meet the indicators and use them from fiscal year 2002 onward for activities after October 1, 2001.
(b) Regulations
Unless this subchapter expressly says otherwise, the Secretary must issue needed implementing regulations within one year after October 30, 2000.
(c) Interagency committee
(1) The Secretary must maintain the committee authorized by section 6007 as it existed the day before October 30, 2000, subject to this subsection. (2) It must include representatives of the Administration on Developmental Disabilities, Administration on Children, Youth, and Families, Administration on Aging, and Health Resources and Services Administration, and other Federal departments and agencies the Secretary considers appropriate. (3) It must meet regularly to coordinate and plan Federal activities for people with developmental disabilities. (4) Except subcommittee meetings, meetings must be open to the public. Notice and an agenda must appear in the Federal Register at least 14 days before each meeting.
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.
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.
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.
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.
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.
At a minimum, the indicators of progress shall be used to describe and measure—
the satisfaction of individuals with developmental disabilities with the advocacy, capacity building, and systemic change activities provided under parts B, C, and D;
the extent to which the advocacy, capacity building, and systemic change activities provided through parts B, C, and D result in improvements in—
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;
the ability of individuals with developmental disabilities to participate in the full range of community life with persons of the individuals’ choice; and
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
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.
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.
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.
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.
The interagency committee shall be composed of representatives of—
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
such other Federal departments and agencies as the Secretary of Health and Human Services considers to be appropriate.
Such interagency committee shall meet regularly to coordinate and plan activities conducted by Federal departments and agencies for individuals with developmental disabilities.
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.)
- 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.
all 0 arguments · sorted by: best
no arguments yet — make the first case