Page:United States Statutes at Large Volume 114 Part 3.djvu/595

 PUBLIC LAW 106-402—OCT. 30, 2000 114 STAT. 1693 habilitative, assistive technology or rehabilitative services, that are at least equivalent to those standards applicable to intermediate care facilities for the mentally retarded, promulgated in regulations of the Secretary on June 3, 1988, as appropriate, taking into account the size of the institutions and the service delivery arrangements of the facilities of the programs; (ii) in the case of other residential programs for individuals with developmental disabilities, that assure that— (I) care is appropriate to the needs of the individuals being served by such programs; (II) uie individuals admitted to facilities of such programs are individuals whose needs can be met through services provided by such facilities; and (III) the facilities of such programs provide for the humane care of the residents of the facilities, are sanitary, and protect their rights; and (iii) in the case of nonresidential programs, that assure that the care provided by such programs is appropriate to the individuals served by the programs, (b) CLARIFICATION. —The rights of individuals with developmental disabilities described in findings made in this section shall be considered to be in addition to any constitutional or other rights otherwise afforded to all individuals. Subtitle B—Federal Assistance to State Councils on Developmental Disabilities SEC. 121. PURPOSE. 42 USC 15021. The purpose of this subtitle is to provide for allotments to support State Councils on Developmental Disabilities (referred to individually in this subtitle as a "Council") in each State to— (1) engage in advocacy, capacity building, and systemic change activities that are consistent with the purpose described in section 101(b) and the policy described in section 101(c); and (2) contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that enable individuals with developmental disabilities to exercise self-determination, be independent, be productive, and be integrated and included in all facets of community life. SEC. 122. STATE ALLOTMENTS. 42 USC 15022. (a) ALLOTMENTS.— (1) IN GENERAL. — (A) AUTHORITY. —For each fiscal year, the Secretary shall, in accordance with regulations and this paragraph, allot the sums appropriated for such year under section 129 among the States on the basis of— (i) the population; (ii) the extent of need for services for individuals with developmental disabilities; and (iii) the financial need, of the respective States.

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