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42 U.S.C. § 15001 — Findings, purposes, and policy

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42 U.S.C. § 15001 — Findings, purposes, and policy

§ 15001. Findings, purposes, and policy (a) Findings Congress finds that— (1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and edu- cational mainstream of United States society; (2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental dis- abilities in the United States, and recent stud- ies indicate that individuals with develop- mental disabilities comprise between 1.2 and 1.65 percent of the United States population; (3) individuals whose disabilities occur dur- ing their developmental period frequently have severe disabilities that are likely to con- tinue indefinitely; (4) individuals with developmental disabil- ities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in section 15002 of this title); (5) individuals with developmental disabil- ities are at greater risk than the general popu- lation of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights; (6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive tech- nology, from generic and specialized service systems, and remain unserved or underserved; (7) individuals with developmental disabil- ities often require lifelong community serv- ices, individualized supports, and other forms of assistance, that are

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Page 8659 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15001 complete classification of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pur- suant to Article 46(2)(a) of the Convention, with transi- tion rule, see section 505(a)(2), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title. CHAPTER 144—DEVELOPMENTAL DISABIL- ITIES ASSISTANCE AND BILL OF RIGHTS SUBCHAPTER I—PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES PART A—GENERAL PROVISIONS Sec. 15001. Findings, purposes, and policy. 15002. Definitions. 15003. Records and audits. 15004. Responsibilities of the Secretary. 15005. Reports of the Secretary. 15006. State control of operations. 15007. Employment of individuals with disabilities. 15008. Construction. 15009. Rights of individuals with developmental dis- abilities. PART B—FEDERAL ASSISTANCE TO STATE COUNCILS ON DEVELOPMENTAL DISABILITIES 15021. Purpose. 15022. State allotments. 15023. Payments to the States for planning, admin- istration, and services. 15024. State plan. 15025. State Councils on Developmental Disabilities and designated State agencies. 15026. Federal and non-Federal share. 15027. Withholding of payments for planning, ad- ministration, and services. 15028. Appeals by States. 15029. Authorization of appropriations. PART C—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS 15041. Purpose. 15042. Allotments and payments. 15043. System required. 15044. Administration. 15045. Authorization of appropriations. PART D—NATIONAL NETWORK OF UNIVERSITY CENTERS FOR EXCELLENCE IN DEVELOPMENTAL DISABILITIES EDUCATION, RESEARCH, AND SERVICE 15061. Grant authority. 15062. Grant awards. 15063. Purpose and scope of activities. 15064. Applications. 15065. Definition. 15066. Authorization of appropriations. PART E—PROJECTS OF NATIONAL SIGNIFICANCE 15081. Purpose. 15082. Grant authority. 15083. Authorization of appropriations. SUBCHAPTER II—FAMILY SUPPORT 15091. Findings, purposes, and policy. 15092. Definitions and special rule. 15093. Grants to States. 15094. Application. 15095. Designation of the lead entity. Sec. 15096. Authorized activities. 15097. Reporting. 15098. Technical assistance. 15099. Evaluation. 15100. Projects of national significance. 15101. Authorization of appropriations. SUBCHAPTER III—PROGRAM FOR DIRECT SUP- PORT WORKERS WHO ASSIST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES 15111. Findings. 15112. Definitions. 15113. Reaching up scholarship program. 15114. Staff development curriculum authorization. 15115. Authorization of appropriations. SUBCHAPTER I—PROGRAMS FOR INDIVID- UALS WITH DEVELOPMENTAL DISABIL- ITIES PART A—GENERAL PROVISIONS § 15001. Findings, purposes, and policy (a) Findings Congress finds that— (1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and edu- cational mainstream of United States society; (2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental dis- abilities in the United States, and recent stud- ies indicate that individuals with develop- mental disabilities comprise between 1.2 and 1.65 percent of the United States population; (3) individuals whose disabilities occur dur- ing their developmental period frequently have severe disabilities that are likely to con- tinue indefinitely; (4) individuals with developmental disabil- ities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in section 15002 of this title); (5) individuals with developmental disabil- ities are at greater risk than the general popu- lation of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights; (6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive tech- nology, from generic and specialized service systems, and remain unserved or underserved; (7) individuals with developmental disabil- ities often require lifelong community serv- ices, individualized supports, and other forms of assistance, that are most effective when provided in a coordinated manner; (8) there is a need to ensure that services, supports, and other assistance are provided in a culturally competent manner, that ensures that individuals from racial and ethnic minor- ity backgrounds are fully included in all ac- tivities provided under this subchapter; (9) family members, friends, and members of the community can play an important role in Page 8660 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15001 enhancing the lives of individuals with devel- opmental disabilities, especially when the family members, friends, and community members are provided with the necessary com- munity services, individualized supports, and other forms of assistance; (10) current research indicates that 88 per- cent of individuals with developmental dis- abilities live with their families or in their own households; (11) many service delivery systems and com- munities are not prepared to meet the impend- ing needs of the 479,862 adults with develop- mental disabilities who are living at home with parents who are 60 years old or older and who serve as the primary caregivers of the adults; (12) in almost every State, individuals with developmental disabilities are waiting for ap- propriate services in their communities, in the areas of emphasis; (13) the public needs to be made more aware of the capabilities and competencies of indi- viduals with developmental disabilities, par- ticularly in cases in which the individuals are provided with necessary services, supports, and other assistance; (14) as increasing numbers of individuals with developmental disabilities are living, learning, working, and participating in all as- pects of community life, there is an increasing need for a well trained workforce that is able to provide the services, supports, and other forms of direct assistance required to enable the individuals to carry out those activities; (15) there needs to be greater effort to re- cruit individuals from minority backgrounds into professions serving individuals with de- velopmental disabilities and their families; (16) the goals of the Nation properly include a goal of providing individuals with develop- mental disabilities with the information, skills, opportunities, and support to— (A) make informed choices and decisions about their lives; (B) live in homes and communities in which such individuals can exercise their full rights and responsibilities as citizens; (C) pursue meaningful and productive lives; (D) contribute to their families, commu- nities, and States, and the Nation; (E) have interdependent friendships and re- lationships with other persons; (F) live free of abuse, neglect, financial and sexual exploitation, and violations of their legal and human rights; and (G) achieve full integration and inclusion in society, in an individualized manner, con- sistent with the unique strengths, resources, priorities, concerns, abilities, and capabili- ties of each individual; and (17) as the Nation, States, and communities maintain and expand community living op- tions for individuals with developmental dis- abilities, there is a need to evaluate the access to those options by individuals with develop- mental disabilities and the effects of those op- tions on individuals with developmental dis- abilities. (b) Purpose The purpose of this subchapter is to assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of as- sistance that promote self-determination, inde- pendence, productivity, and integration and in- clusion in all facets of community life, through culturally competent programs authorized under this subchapter, including specifically— (1) State Councils on Developmental Disabil- ities in each State to engage in advocacy, ca- pacity building, and systemic change activi- ties that— (A) are consistent with the purpose de- scribed in this subsection and the policy de- scribed in subsection (c); and (B) contribute to a coordinated, consumer- and family-centered, consumer- and family- directed, comprehensive system that in- cludes needed community services, individ- ualized supports, and other forms of assist- ance that promote self-determination for in- dividuals with developmental disabilities and their families; (2) protection and advocacy systems in each State to protect the legal and human rights of individuals with developmental disabilities; (3) University Centers for Excellence in De- velopmental Disabilities Education, Research, and Service— (A) to provide interdisciplinary pre-service preparation and continuing education of stu- dents and fellows, which may include the preparation and continuing education of leadership, direct service, clinical, or other personnel to strengthen and increase the ca- pacity of States and communities to achieve the purpose of this subchapter; (B) to provide community services— (i) that provide training and technical assistance for individuals with develop- mental disabilities, their families, profes- sionals, paraprofessionals, policymakers, students, and other members of the com- munity; and (ii) that may provide services, supports, and assistance for the persons described in clause (i) through demonstration and model activities; (C) to conduct research, which may in- clude basic or applied research, evaluation, and the analysis of public policy in areas that affect or could affect, either positively or negatively, individuals with develop- mental disabilities and their families; and (D) to disseminate information related to activities undertaken to address the purpose of this subchapter, especially dissemination of information that demonstrates that the network authorized under this part is a na- tional and international resource that in- cludes specific substantive areas of expertise that may be accessed and applied in diverse settings and circumstances; and (4) funding for— (A) national initiatives to collect nec- essary data on issues that are directly or in- Page 8661 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15001 directly relevant to the lives of individuals with developmental disabilities; (B) technical assistance to entities who en- gage in or intend to engage in activities con- sistent with the purpose described in this subsection or the policy described in sub- section (c); and (C) other nationally significant activities. (c) Policy It is the policy of the United States that all programs, projects, and activities receiving as- sistance under this subchapter shall be carried out in a manner consistent with the principles that— (1) individuals with developmental disabil- ities, including those with the most severe de- velopmental disabilities, are capable of self- determination, independence, productivity, and integration and inclusion in all facets of community life, but often require the provi- sion of community services, individualized supports, and other forms of assistance; (2) individuals with developmental disabil- ities and their families have competencies, ca- pabilities, and personal goals that should be recognized, supported, and encouraged, and any assistance to such individuals should be provided in an individualized manner, con- sistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of such individuals; (3) individuals with developmental disabil- ities and their families are the primary deci- sionmakers regarding the services and sup- ports such individuals and their families re- ceive, including regarding choosing where the individuals live from available options, and play decisionmaking roles in policies and pro- grams that affect the lives of such individuals and their families; (4) services, supports, and other assistance should be provided in a manner that dem- onstrates respect for individual dignity, per- sonal preferences, and cultural differences; (5) specific efforts must be made to ensure that individuals with developmental disabil- ities from racial and ethnic minority back- grounds and their families enjoy increased and meaningful opportunities to access and use community services, individualized supports, and other forms of assistance available to other individuals with developmental disabil- ities and their families; (6) recruitment efforts in disciplines related to developmental disabilities relating to pre- service training, community training, prac- tice, administration, and policymaking must focus on bringing larger numbers of racial and ethnic minorities into the disciplines in order to provide appropriate skills, knowledge, role models, and sufficient personnel to address the growing needs of an increasingly diverse popu- lation; (7) with education and support, communities can be accessible to and responsive to the needs of individuals with developmental dis- abilities and their families and are enriched by full and active participation in community ac- tivities, and contributions, by individuals with developmental disabilities and their families; (8) individuals with developmental disabil- ities have access to opportunities and the nec- essary support to be included in community life, have interdependent relationships, live in homes and communities, and make contribu- tions to their families, communities, and States, and the Nation; (9) efforts undertaken to maintain or expand community-based living options for individ- uals with disabilities should be monitored in order to determine and report to appropriate individuals and entities the extent of access by individuals with developmental disabilities to those options and the extent of compliance by entities providing those options with qual- ity assurance standards; (10) families of children with developmental disabilities need to have access to and use of safe and appropriate child care and before- school and after-school programs, in the most integrated settings, in order to enrich the par- ticipation of the children in community life; (11) individuals with developmental disabil- ities need to have access to and use of public transportation, in order to be independent and directly contribute to and participate in all facets of community life; and (12) individuals with developmental disabil- ities need to have access to and use of rec- reational, leisure, and social opportunities in the most integrated settings, in order to en- rich their participation in community life. (Pub. L. 106–402, title I, § 101, Oct. 30, 2000, 114 Stat. 1678.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 106–402, § 1(a), Oct. 30, 2000, 114 Stat. 1677, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Developmental Disabilities Assist- ance and Bill of Rights Act of 2000’.’’ Pub. L. 106–402, title II, § 201, Oct. 30, 2000, 114 Stat. 1728, provided that: ‘‘This title [enacting subchapter II of this chapter] may be cited as the ‘Families of Chil- dren With Disabilities Support Act of 2000’.’’ SPECIAL OLYMPICS SPORT AND EMPOWERMENT Pub. L. 108–406, Oct. 30, 2004, 118 Stat. 2294, as amend- ed by Pub. L. 115–31, div. H, title V, § 527, May 5, 2017, 131 Stat. 566, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Special Olympics Sport and Empowerment Act of 2004’. ‘‘SEC. 2. FINDINGS AND PURPOSE. ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) Special Olympics celebrates the possibilities of a world where everybody matters, everybody counts, every person has value, and every person has worth. ‘‘(2) The Government and the people of the United States recognize the dignity and value the giftedness of children and adults with an intellectual disability. ‘‘(3) The Government and the people of the United States are determined to end the isolation and stig- matization of people with an intellectual disability. ‘‘(4) For more than 36 years, Special Olympics has encouraged skill, sharing, courage, and joy through year-round sports training and athletic competition for children and adults with intellectual disabilities. ‘‘(5) Special Olympics provides year-round sports training and competitive opportunities to 1,500,000 athletes with intellectual disabilities in 26 sports and plans to expand the joy of participation through Page 8662 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15001 sport to hundreds of thousands of people with intel- lectual disabilities within the United States and worldwide over the next 5 years. ‘‘(6) Special Olympics has demonstrated its ability to provide a major positive effect on the quality of life of people with intellectual disabilities, improving their health and physical well-being, building their confidence and self-esteem, and giving them a voice to become active and productive members of their communities. ‘‘(7) In society as a whole, Special Olympics has be- come a vehicle and platform for breaking down artifi- cial barriers, improving public health, changing nega- tive attitudes in education, and helping athletes overcome the prejudice that people with intellectual disabilities face in too many places. ‘‘(8) The Government of the United States enthu- siastically supports Special Olympics, recognizes its importance in improving the lives of people with in- tellectual disabilities, and recognizes Special Olym- pics as a valued and important component of the global community. ‘‘(b) PURPOSE.—The purposes of this Act are to— ‘‘(1) provide support to Special Olympics to in- crease athlete participation in and public awareness about the Special Olympics movement; ‘‘(2) dispel negative stereotypes about people with intellectual disabilities; ‘‘(3) build athletic and family involvement through sport; and ‘‘(4) promote the extraordinary gifts of people with intellectual disabilities. ‘‘SEC. 3. ASSISTANCE FOR SPECIAL OLYMPICS. ‘‘(a) EDUCATION ACTIVITIES.—The Secretary of Edu- cation may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: ‘‘(1) Activities to promote the expansion of Special Olympics, including activities to increase the partici- pation of individuals with intellectual disabilities within the United States. ‘‘(2) The design and implementation of Special Olympics education programs, including character education and volunteer programs that support the purposes of this Act, that can be integrated into classroom instruction and are consistent with aca- demic content standards. ‘‘(b) INTERNATIONAL ACTIVITIES.—The Secretary of State may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: ‘‘(1) Activities to increase the participation of indi- viduals with intellectual disabilities in Special Olym- pics outside of the United States. ‘‘(2) Activities to improve the awareness outside of the United States of the abilities and unique con- tributions that individuals with intellectual disabil- ities can make to society. ‘‘(c) HEALTHY ATHLETES.— ‘‘(1) IN GENERAL.—The Secretary of Health and Human Services may award grants to, or enter into contracts or cooperative agreements with, Special Olympics for the implementation of on-site health as- sessments, screening for health problems, health edu- cation, data collection, and referrals to direct health care services. ‘‘(2) COORDINATION.—Activities under paragraph (1) shall be coordinated with private health providers, existing authorized programs of State and local juris- dictions, or the Department of Health and Human Services, as applicable. ‘‘(d) LIMITATION.—Amounts appropriated to carry out this section shall not be used for direct treatment of diseases, medical conditions, or mental health condi- tions. Nothing in the preceding sentence shall be con- strued to limit the use of non-Federal funds by Special Olympics. ‘‘SEC. 4. APPLICATION AND ANNUAL REPORT. ‘‘(a) APPLICATION.— ‘‘(1) IN GENERAL.—To be eligible for a grant, con- tract, or cooperative agreement under subsection (a), (b), or (c) of section 3, Special Olympics shall submit an application at such time, in such manner, and con- taining such information as the Secretary of Edu- cation, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. ‘‘(2) CONTENT.—At a minimum, an application under this subsection shall contain the following: ‘‘(A) ACTIVITIES.—A description of activities to be carried out with the grant, contract, or cooperative agreement. ‘‘(B) MEASURABLE GOALS.—Information on specific measurable goals and objectives to be achieved through activities carried out with the grant, con- tract, or cooperative agreement. ‘‘(b) ANNUAL REPORT.— ‘‘(1) IN GENERAL.—As a condition on receipt of any funds under subsection (a), (b), or (c) of section 3, Special Olympics shall agree to submit an annual re- port at such time, in such manner, and containing such information as the Secretary of Education, Sec- retary of State, or Secretary of Health and Human Services, as applicable, may require. ‘‘(2) CONTENT.—At a minimum, each annual report under this subsection shall describe the degree to which progress has been made toward meeting the goals and objectives described in the applications submitted under subsection (a). ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated— ‘‘(1) for grants, contracts, or cooperative agree- ments under section 3(a), such sums as may be nec- essary for fiscal year 2017 and each of the 4 suc- ceeding fiscal years; ‘‘(2) for grants, contracts, or cooperative agree- ments under section 3(b), such sums as may be nec- essary for fiscal year 2017 and each of the 4 suc- ceeding fiscal years; and ‘‘(3) for grants, contracts, or cooperative agree- ments under section 3(c), such sums as may be nec- essary for fiscal year 2017 and each of the 4 suc- ceeding fiscal years.’’ Executive Documents EX. ORD. NO. 12994. PRESIDENT’S COMMITTEE FOR PEOPLE WITH INTELLECTUAL DISABILITIES Ex. Ord. No. 12994, Mar. 21, 1996, 61 F.R. 13047, as amended by Ex. Ord. No. 13309, July 25, 2003, 68 F.R. 44851; Ex. Ord. No. 13446, § 5, Sept. 28, 2007, 72 F.R. 56176, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote full participation of people with intellectual disabilities in their commu- nities, it is hereby ordered as follows: SECTION 1. Committee Continued and Responsibilities Ex- panded. The President’s Committee on Mental Retarda- tion, with expanded membership and expanded respon- sibilities, and renamed the President’s Committee for People with Intellectual Disabilities (Committee), is hereby continued in operation. SEC. 2. Composition of Committee. (a) The Committee shall be composed of the following members: (1) The Attorney General; (2) The Secretary of the Interior; (3) The Secretary of Commerce; (4) The Secretary of Labor; (5) The Secretary of Health and Human Services; (6) The Secretary of Housing and Urban Development; (7) The Secretary of Transportation; (8) The Secretary of Education; (9) The Secretary of Homeland Security; (10) The Chief Executive Officer of the Corporation for National and Community Service; (11) The Commissioner of Social Security; (12) The Chairman of the Equal Employment Oppor- tunity Commission; 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,

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15001 — Findings, purposes, and policy

**(a) Findings** Congress finds that— (1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society; (2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population; (3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely; (4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)); (5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights; (6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved; (7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1001 — Definitions

In this chapter: (1) **Administrator.—** — The term “Administrator” means the Administrator of General Services. (2) **Advisory committee.—** (A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is— (i) established by statute or reorganization plan; (ii) established or utilized by the President; or (iii) established or utilized by one or more agencies. (B) *Exclusions.—* — The term “advisory committee” excludes— (i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and (ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration. (3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim). (4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1001

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1001 — Definitions

§ 1001. Definitions In this chapter: (1) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of General Services. (2) ADVISORY COMMITTEE.— (A) IN GENERAL.—The term ‘‘advisory com- mittee’’ means a committee, board, commis- sion, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as ‘‘committee’’) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Gov- ernment and that is— (i) established by statute or reorganiza- tion plan; (ii) established or utilized by the Presi- dent; or (iii) established or utilized by one or more agencies. (B) EXCLUSIONS.—The term ‘‘advisory com- mittee’’ excludes— (i) a committee that is composed wholly of full-time, or permanent part-time, offi- cers or employees of the Federal Govern- ment; and Page 247 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1002 (ii) a committee that is created by the National Academy of Sciences or the Na- tional Academy of Public Administration. (3) AGENCY.—The term ‘‘agency’’ has the meaning given the term in section 551 of this title. (4) PRESIDENTIAL ADVISORY COMMITTEE.—The term ‘‘Presidential advisory committee’’ means an advisory committee that advises the President. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4197.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1001 ............ 5 U.S.C. App. (FACA § 3) Pub. L. 92–463, § 3, Oct. 6, 1972, 86 Stat. 770; Pub. L. 105–153, § 2(a), Dec. 17, 1997, 111 Stat. 2689. [Although not mentioned in the explanation con- tained in H. Rept. 117–193, in par. (1), ‘‘ ‘Administrator’ means th

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 1001

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3109 — Employment of experts and consultants; temporary or intermittent

**(a)** For the purpose of this section— (1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and (2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim). **(b)** When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to— (1) the provisions of this title governing appointment in the competitive service; (2) chapter 51 and subchapter III of chapter 53 of this title; and (3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization. However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) only when specifically authorized by the appropriation or other statute authorizing the procurement of the services. **(c)** Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section. **(d)** The Office of Personnel Management shall prescribe regulations necessary for the administration of t

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3109 — Employment of experts and consultants;

§ 3109. Employment of experts and consultants; temporary or intermittent (a) For the purpose of this section— (1) ‘‘agency’’ has the meaning given it by section 5721 of this title; and (2) ‘‘appropriation’’ includes funds made available by statute under section 9104 of title 31. (b) When authorized by an appropriation or other statute, the head of an agency may pro- cure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, includ- ing stenographic reporting services. Services procured under this section are without regard to— (1) the provisions of this title governing ap- pointment in the competitive service; (2) chapter 51 and subchapter III of chapter 53 of this title; and (3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization. However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under section 5332 of this title only when specifi- cally authorized by the appropriation or other statute authorizing the procurement of the serv- ices. (c) Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section. (d) The Office of Personnel Management shall prescribe regulations necessary for the adminis- tration of this section. Such regulations shall include— (1) criteria governing the circumstances in which it is appropriate to employ an expert or consultant under the provisions of this sec- tion; (2) criteria for setting the

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3109

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5701 — Definitions

Except as otherwise provided in section 5707(d),11 See References in Text note below. for the purpose of this subchapter— (1) “agency” means— (A) an Executive agency; (B) a military department; (C) an office, agency, or other establishment in the legislative branch; (D) an office, agency, or other establishment in the judicial branch; and (E) the government of the District of Columbia; but does not include— (i) a Government controlled corporation; (ii) a Member of Congress; or (iii) an office or committee of either House of Congress or of the two Houses; (2) “employee” means an individual employed in or under an agency including an individual employed intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis and an individual serving without pay or at $1 a year; (3) “subsistence” means lodging, meals, and other necessary expenses for the personal sustenance and comfort of the traveler; (4) “per diem allowance” means a daily payment instead of actual expenses for subsistence and fees or tips to porters and stewards; (5) “Government” means the Government of the United States and the government of the District of Columbia; and (6) “continental United States” means the several States and the District of Columbia, but does not include Alaska or Hawaii.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5701

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5701 — Definitions

§ 5701. Definitions Except as otherwise provided in section 5707(d),1 for the purpose of this subchapter— (1) ‘‘agency’’ means— (A) an Executive agency; (B) a military department; (C) an office, agency, or other establish- ment in the legislative branch; (D) an office, agency, or other establish- ment in the judicial branch; and (E) the government of the District of Co- lumbia; but does not include— (i) a Government controlled corporation; (ii) a Member of Congress; or (iii) an office or committee of either House of Congress or of the two Houses; (2) ‘‘employee’’ means an individual em- ployed in or under an agency including an in- dividual employed intermittently in the Gov- ernment service as an expert or consultant and paid on a daily when-actually-employed basis and an individual serving without pay or at $1 a year; (3) ‘‘subsistence’’ means lodging, meals, and other necessary expenses for the personal sus- tenance and comfort of the traveler; (4) ‘‘per diem allowance’’ means a daily pay- ment instead of actual expenses for subsist- ence and fees or tips to porters and stewards; (5) ‘‘Government’’ means the Government of the United States and the government of the District of Columbia; and (6) ‘‘continental United States’’ means the several States and the District of Columbia, but does not include Alaska or Hawaii. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 498; Pub. L. 94–22, § 2(a), May 19, 1975, 89 Stat. 84; Pub. L. 99–234, title I, § 101, Jan. 2, 1986, 99 Stat. 1756; Pub. L. 101–391, § 5(a)(2), Sept. 25, 1990, 104 Stat. 751.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (1)–(5) ........ 5 U.S.C. 835. June 9, 1949, ch. 185, § 2, 63 Stat. 166. (6) ............. [Uncodified]. Aug. 14, 196

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5701

Stored review status: historical_2024_not_currentness_verified. The source passage cites 5 U.S.C. § 5701. This identifies an authority to review, not proof of applicability.