1.This Act may be cited as
the Combating Autism Reauthorization
Act of 2010
.
2.Congress finds as follows:
(1)Autism is a
general term used to describe a group of complex developmental brain disorders
known as pervasive developmental disorders. To meet the criteria for autism
spectrum disorder there must be clinically significant and persistent deficits
in social behavior, communication, and interactions, as well as restricted,
repetitive patterns of behavior, interests, and activities.
(2)Autism is a
neurodevelopmental disorder that results in difficulties with communication and
social interaction, as well as repetitive behaviors. Autism affects individuals
differently, mildly affecting some and significantly disabling others.
(3)A variety of
physical, medical, and mental health issues may accompany autism, resulting in
marked functional impairment in all activities of daily living. Epilepsy occurs
in as many as 39 percent of individuals with autism. Neurogenetic conditions
such as Down syndrome and fragile X syndrome can also co-occur with autism, as
can gastrointestinal problems, immune system disorders, sleep disturbance,
sensory integration dysfunction, and pica. Many individuals on the autism
spectrum face co-occurring mental health challenges, including anxiety and
depression.
(4)A 2009 report
from the Centers for Disease Control and Prevention found that 1 out of 110
children, and 1 out of 70 boys, in the United States has an autism spectrum
disorder. This finding represents a 57 percent increase over the prevalence
rate previously reported by the Centers for Disease Control and Prevention.
With prevalence estimates increasing at an alarming pace, autism is a national
health emergency.
(5)The United States
should ensure that individuals on the autism spectrum are provided equality of
opportunity for full participation in society, independent living, and economic
self-sufficiency.
(6)Autism has high
costs to United States society. According to a report from the Harvard School
of Public Health, the incremental lifetime cost of caring for a person with
autism is $3,200,000; the cost of caring for all individuals with autism in the
United States is more than $35,000,000,000 annually.
(7)Autism is a major
public health concern that is taking an enormous toll on millions of families
who need answers that can come only through further research. Meeting the
education, employment, and service-provision needs of individuals on the autism
spectrum is a clear and compelling public policy issue that requires a rapid
national response. Individuals and families are desperate to access services
that are, at this point, grossly inadequate to meet the current and growing
needs of individuals with autism.
(8)Several
institutes at the National Institutes of Health conduct or support autism
research, but the challenges posed by autism exceed the mission of any
individual institute. A cross-agency institute with an aggressive, coordinated,
and targeted research agenda aimed at improving the lives of individuals with
autism is needed to accelerate research on the causes and effective treatment
of autism.
(9)In searching for
the causes of autism spectrum disorders, all promising avenues of research
should be pursued, including research on the role of environmental exposures as
risk factors for autism.
(10)The
heterogeneity and complexity of autism and the etiological and phenotypic
subtypes of autism require increased investment in large-scale biorepositories
for DNA, brain tissue, fibroblasts, and biosamples relevant to environmental
exposures. Such biorepositories will enable researchers to discover the
multiple environmental and genetic risk factors for autism, and to identify
biomarkers that will allow treatments tailored to the individual.
(11)Families of
children with autism face barriers to accessing appropriate medical care,
including lack of training for professionals, lack of evidence-based treatment
guidelines, inadequate dissemination of information, and lack of comparative
effectiveness research and other evidence-based treatment research. Autism
intervention research networks on physical and behavioral health are needed to
address these barriers.
(12)Meeting the
needs of individuals with autism requires a coordinated approach within Federal
agencies and among Federal departments. The approach should focus on both
research and services for affected individuals and the families of such
individuals.
(13)Individuals with
autism have the same rights as other people to exert control and choice over
their lives, to live independently, and to participate fully in, and contribute
to, their communities and society through full integration and inclusion in the
economic, political, social, cultural, and educational fabric of society.
Individuals with autism have the right to a life with dignity and
purpose.
(14)Individuals with
autism often need assistance in the areas of comprehensive early intervention,
health, recreation, job training, employment, housing, transportation, and
early, primary, and secondary education. With access to, and assistance with,
these types of services and supports, individuals with autism can live rich,
full, and productive lives. Services for transitioning youth and adults with
autism are an especially pressing need, as are services that enhance the safety
of individuals with autism of any age.
(15)Although autism
has touched the lives of many, a significant segment of the public lacks
knowledge of the signs of autism and the challenges that individuals with
autism and the families of such individuals face.
(16)To meet the
needs of individuals with autism, training, continuing education, technical
assistance, and informational programs are needed for parents and
professionals.
(17)There is a
strong consensus that intensive treatment as soon as possible following
diagnosis can significantly improve cognitive functioning, language, and
adaptive behavior, reduce the cost of lifetime care, and yield the most
positive life outcomes for children with autism.
3.Establishment of
the National Institute of Autism Spectrum Disorders
(a)Establishment
of the InstitutePart C of
title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by
adding at the end the following:
21National
Institute of Autism Spectrum Disorders
464z–8.
(a)The general purpose of the National Institute of Autism
Spectrum Disorders (in this section referred to as the Institute)
is the conduct and support of research, training, the dissemination of health
information, and other programs with respect to autism spectrum disorders. The
principal goal of the Institute is to improve the lives of persons with autism
spectrum disorders through research focused on prevention, treatment, services,
and cures.
(b)The
duties of the Director of the Institute shall include the following:
(1)Interagency
Coordination of Autism Spectrum Disorder ActivitiesWith respect
to autism spectrum disorders, the Director of the Institute shall plan and
evaluate research and other activities conducted or supported by the agencies
of the National Institutes of Health. In carrying out the preceding sentence,
the Director of the Institute shall evaluate the activities of each of such
agencies and shall provide for the periodic reevaluation of such
activities.
(2)The
Director of the Institute shall carry out this section in consultation with the
heads of the agencies of the National Institutes of Health, with the advisory
councils of such agencies, and with the Interagency Autism Coordinating
Committee described in section 399CC.
(3)Consolidation
of autism programsThe Director of the Institute shall make
recommendations to the Secretary and the Director of the National Institutes of
Health regarding the consolidation of programs of the National Institutes of
Health for the express purpose of enhancing support of research on autism
spectrum disorders and the coordination of the activities of the Institute with
related activities of the other agencies of the National Institutes of Health
and with related activities of other Federal agencies.
(4)The
Director of the Institute shall act as the primary Federal official with
responsibility for overseeing all research on autism spectrum disorders
conducted or supported by the National Institutes of Health and shall maintain
communications with all relevant departments of the Federal Government to
ensure the timely transmission of information concerning autism spectrum
disorders. The Interagency Autism Coordinating Committee shall function as the
primary advisory body for all such research coordination on autism spectrum
disorders.
(c)The
National Institute of Autism Spectrum Disorders established under this section
shall be established for a 10-year period beginning on the date of enactment of
the Combating Autism Reauthorization Act of
2010. On the date that is 10 years after the date of enactment of
the Combating Autism Reauthorization Act of
2010, the authorities of the Director of the Institute under this
section and section 464z–9 shall be transferred to the Director of
NIH.
.
(b)Activities of
the National Institutes of Health with respect to research on autism spectrum
disorders
(1)Transfer to the
National Institute of Autism Spectrum DisordersSection 409C of
the Public Health Service Act (42 U.S.C. 284g) is—
(A)redesignated as
section 464z–9; and
(B)transferred, as
so redesignated, to appear after section 464z–8 of the Public Health Service
Act, as added by subsection (a).
(2)Section 464z–9 of the
Public Health Service Act, as so redesignated by paragraph (1), is
amended—
(A)in subsection
(a)—
(i)in
paragraph (1), by striking basic and clinical research
and
inserting basic, clinical, and translational research
;
and
(ii)in
paragraph (3), by striking Director of the National Institute of Mental
Health
and inserting Director of the National Institute of
Research on Autism Spectrum Disorders
;
(B)in subsection
(b)—
(i)in
paragraph (2)—
(I)by striking
basic and clinical research
and inserting basic,
clinical, and translational research
; and
(II)by inserting
, building upon the recommendations set forth in the most recent
strategic plan for autism spectrum disorders of the Interagency Autism
Coordinating Committee established under section 399CC
before the
period at the end of the second sentence;
(C)in subsection
(c), by inserting , biomaterials for induced pluripotent stem cells,
biosamples relevant to environmental exposures,
after
tissues
; and
(D)by adding at the
end the following:
(6)In
this section, the term translational research means research that
emphasizes the development and delivery of effective new therapies to
patients.
.
(c)Use of existing
resourcesIn providing for the establishment of the National
Institute of Autism Spectrum Disorders (referred to in this subsection as the
Institute) pursuant to the amendment made by subsection (a), the
Director of the National Institutes of Health (referred to in this subsection
as the Director of NIH)—
(1)may transfer to
the Institute such personnel of the National Institutes of Health as the
Director of NIH determines to be appropriate;
(2)may, for quarters
of the Institute, use such facilities of the National Institutes of Health as
the Director determines to be appropriate; and
(3)may obtain
administrative support for the Institute from the other agencies of the
National Institutes of Health, including national research institutes.
(d)Construction of
facilitiesNone of the provisions of this section or the
amendments made by this Act shall be construed as authorizing the construction
of facilities, or the acquisition of land, for purposes of the establishment or
operation of the National Institute of Autism Spectrum Disorders.
(e)
(1)Section 401(b) of the Public Health Service Act (42 U.S.C.
281(b)) is amended—
(A)in subsection
(b)—
(i)by
redesignating paragraph (25) as paragraph (26); and
(ii)by
inserting after paragraph (24) the following:
(25)The National
Institute of Autism Spectrum Disorders.
;
and
(B)in subsection
(d)(1), by striking 27
and inserting 28
.
(2)Appointment and
authority of directorsSection 405(a) of the Public Health
Service Act (42 U.S.C. 284(a)) is amended by inserting and the Director
of the National Institute of Autism Spectrum Disorders
after
National Cancer Institute
.
(f)The provisions of this section, including the amendments
made by this section, shall take effect on October 1, 2011.
4.Continuation of
programs relating to autism
(a)Repeal of
sunset provisionsPart R of
title III of the Public Health Service Act (42 U.S.C. 280i et seq.) is
amended—
(1)by striking
section 399AA(e);
(2)by striking
section 399BB(g); and
(3)by striking
section 399CC(f).
(b)Section 399BB(f) of the Public Health Service Act (42
U.S.C. 280i–1(f)) is amended—
(1)by inserting
to research networks
after contracts
;
(2)by striking
interventions for individuals
and inserting interventions
to improve the physical and behavioral health and well-being of
individuals
.
(c)Interagency
autism coordinating committeeSection 399CC of the Public Health
Service Act (42 U.S.C. 280i–2) is amended—
(1)in subsection
(a), by striking within the Department of Health and Human
Services
and inserting of Federal agencies
;
(2)in subsection
(b)—
(A)in paragraph (1),
by inserting and the families of such individuals
before the
semicolon at the end;
(B)in paragraph
(2)—
(i)by
inserting , evaluate, and assess
after monitor
;
and
(ii)by
inserting and facilitate collaboration among Federal agencies
before the semicolon at the end;
(C)in paragraph (3),
by inserting and other appropriate Federal Government department and
agency heads
after Secretary
;
(D)in paragraph (4),
by inserting and other appropriate Federal Government department and
agency heads
after Secretary
;
(E)in paragraph (5),
by inserting and services and supports for individuals with autism
spectrum disorder and the families of such individuals
after
research
; and
(F)in paragraph (6),
by striking submit to the Congress
and inserting submit
to the President, who shall review and transmit to Congress,
;
(3)in subsection
(c)—
(A)in paragraph
(1)—
(i)in
subparagraph (B), by striking and the Directors of such national
research institutes
and inserting the Director of the National
Institute of Autism Spectrum Disorders, and the Directors of such national
research institutes
; and
(ii)in
subparagraph (D), by inserting , the Department of Defense, the National
Council on Disability, the Department of Housing and Urban Development, the
Department of Justice, and the Department of Labor
before the semicolon
at the end; and
(B)in paragraph
(2)—
(i)in
the matter preceding subparagraph (A), by striking fewer than 6 members
of the Committee, or 1/3 of the total membership of the
Committee, whichever is greater,
and inserting less than
1/2 of the total membership of the
Committee
;
(ii)in
subparagraph (A), by striking one such member shall be an
individual
and inserting 2 such members shall be
individuals
;
(iii)in subparagraph
(B)—
(I)by striking
one such member shall be a parent or legal guardian
and
inserting 2 such members shall be a parent or a legal guardian
;
and
(II)by striking
and
at the end;
(iv)in
subparagraph (C)—
(I)by striking
one such member shall be a representative
and inserting 2
such members shall be representatives
; and
(II)by striking the
period at the end and inserting ; and
; and
(v)by
adding at the end the following:
(D)at least 2 such
members shall be clinicians who treat individuals with autism spectrum
disorder.
;
(4)in subsection
(d)—
(A)in paragraph (2),
by inserting , except that the term of any member appointed under
subsection (c)(2)(C) shall expire if such member no longer represents the
organization described in such subsection
after additional 4
year term
; and
(B)by inserting
after paragraph (4) the following:
(5)The Committee
shall be chaired by the Director of the National Institute of Autism Spectrum
Disorders or such other person designated by the
Secretary.
;
(5)in subsection
(e), by striking the first sentence and inserting In carrying out its
functions, the Committee may convene workshop and conferences. The Committee
shall establish a subcommittee on research on autism spectrum disorders, a
subcommittee on services and supports for individuals with autism spectrum
disorders and the families of such individuals, and such other subcommittees as
the Committee determines appropriate. Such subcommittees shall vote separately
on matters within their respective jurisdictions.
; and
(6)by adding at the
end the following:
(f)Not
later than 1 year after the date of enactment of the
Combating Autism Reauthorization Act of
2010 and annually thereafter, the Comptroller General of the
United States shall submit a report to Congress concerning the progress of the
Federal Government in implementing the strategic plan for autism spectrum
disorder research and services and supports for individuals with autism
spectrum disorder and the families of such
individuals.
.
5.Care for people
with autism spectrum disorders and public educationPart R of title III of the Public Health
Service Act (42 U.S.C. 280i et seq.) is amended—
(1)by redesignating section 399EE as section
399FF; and
(2)by inserting after section 399DD the
following:
399EE.Planning and
demonstration grant for services for children, transitioning youth, and
adults
(a)To assist selected eligible entities in providing
appropriate services to children, youth with autism spectrum disorders who are
transitioning from secondary education to careers or post-secondary education
(referred to in this section as transitioning youth), adults with
autism spectrum disorders, and individuals of any age with autism spectrum
disorders who may be at risk due to behavioral and preventable environmental
factors, such as wandering (referred to in this section as individuals at
risk), the Secretary shall establish—
(1)a one-time,
single-year planning grant program for eligible entities; and
(2)a multi-year
service provision demonstration grant program for selected eligible
entities.
(b)Grants shall be awarded to eligible entities to provide
all or part of the funding needed to carry out programs that focus critical
aspects of life for children, transitioning youth, and adults with autism
spectrum disorders (including adults not eligible for developmental disability
services provided by a State), such as—
(1)postsecondary
education, peer support, vocational training, self-advocacy skills, and
employment;
(2)community-based
behavioral supports and interventions;
(3)residential
services, housing, and transportation;
(4)nutrition, health
and wellness, recreational and social activities; and
(5)personal safety
for individuals at risk and the needs of individuals with autism spectrum
disorders who become involved with the criminal justice system.
(c)An eligible entity desiring to receive a grant under this
section shall be a State or other public or private nonprofit organization,
including a State Council on Developmental Disabilities, as defined in section
102 of the Developmental Disabilities Assistance and Bill of Rights Act of
2000.
(d)
(1)The Secretary shall award one-time grants to eligible
entities to support the planning and development of initiatives that will
expand and enhance service delivery systems for children, individuals at risk,
transitioning youth, and adults with autism spectrum disorders.
(2)In
order to receive such a grant, an eligible entity shall—
(A)submit an
application at such time and containing such information as the Secretary may
require; and
(B)demonstrate the
ability to carry out such planning grant in coordination with the applicable
State Council on Developmental Disabilities and organizations representing or
serving individuals with autism spectrum disorders and the families of such
individuals.
(e)
(1)The Secretary shall award grants to eligible entities
that have received a planning grant under subsection (d) to enable such
entities to provide appropriate services to children, individuals at risk,
transitioning youth, and adults with autism spectrum disorders.
(2)In
order to receive a grant under paragraph (1), the eligible entity shall submit
an application at such time and containing such information as the Secretary
may require, including—
(A)the services that
the eligible entity proposes to provide and the expected outcomes for the
individuals who receive such services;
(B)the number of
individuals who will be served by such grant, including an estimate of the
individuals in underserved areas who will be served by such grant;
(C)the ways in which
services will be coordinated among both public and nonprofit providers of
services for children, transitioning youth, and adults with disabilities,
including community-based services;
(D)where applicable,
the process through which the eligible entity will distribute funds to a range
of community-based or nonprofit providers of services, including local
governments, and the capacity of such entity to provide such services;
(E)the process
through which the eligible entity will monitor and evaluate the outcome of
activities funded through the grant, including the effect of the activities
upon individuals who receive such services;
(F)where applicable,
the plans of the eligible entity to coordinate and streamline transitions from
youth to adult services;
(G)the process by
which the eligible entity will ensure compliance with the integration
requirement under section 302 of the Americans With Disabilities Act of 1990
(42 U.S.C. 12182); and
(H)a description of
how such services may be sustained following the grant period.
(f)The
Secretary shall contract with a third-party organization with expertise in
evaluation to evaluate such demonstration grant program and, not later than 180
days after the conclusion of the grant program under subsection (e), submit a
report to the Secretary. The evaluation and report may include an analysis of
whether and to what extent the services provided through the grant program
described in this section resulted in improved safety, health, education,
employment, and community integration outcomes or other measures, as the
Secretary determines appropriate.
(g)Of the amounts appropriated to carry out this section,
the Secretary shall set aside not more than 7 percent for administrative
expenses, including the expenses related to carrying out the evaluation
described in subsection (f).
(h)Demonstration grant funds provided under this section
shall supplement, not supplant, existing treatments, interventions, and
services for individuals with autism spectrum
disorders.
.
399EE–1.
(a)The Secretary, in order to enhance existing awareness
campaigns and provide for the implementation of new campaigns, shall award
grants to public and nonprofit private entities for the purpose of carrying out
multimedia campaigns to increase public education and awareness and reduce
stigma concerning—
(1)healthy
developmental milestones for infants and children that may assist in the early
identification of the signs and symptoms of autism spectrum disorders;
and
(2)autism spectrum
disorders through the lifespan and the challenges that individuals with autism
spectrum disorders face, which may include transitioning into adulthood,
securing appropriate job training or postsecondary education, securing and
holding jobs, finding suitable housing, interacting with the correctional
system, increasing independence, and attaining a good quality of life.
(b)To
be eligible to receive a grant under subsection (a), an entity shall—
(1)submit to the
Secretary an application at such time, in such manner, and containing such
information as the Secretary may require; and
(2)provide assurance
that the multimedia campaign implemented under such grant will provide
information that is tailored to the intended audience, which may be a diverse
public audience or a specific audience, such as health professionals,
employers, criminal justice professionals, or emergency response
professionals.
399EE–2.National
technical assistance center for autism treatments, interventions, and
services
(a)Establishment
of national technical assistance center for autism treatments, interventions,
and servicesThe Secretary
shall award a grant to a national nonprofit organization for the establishment
and maintenance of a national technical assistance center.
(b)An organization shall be eligible to
receive a grant under subsection (a) if the organization—
(1)has demonstrated knowledge and expertise in
serving children with autism and adults with autism and the families of such
individuals;
(2)has demonstrated knowledge of how to
translate research to practice, and present information in a way that is easily
accessible and understandable to the family members of individuals with
autism;
(3)has demonstrated capacity of training
educators, health care providers, family members, and others to support the
needs of individuals with autism;
(4)has demonstrated capacity of disseminating
information throughout the United States; and
(5)has demonstrated capacity to establish and
maintain a Web site through which to disseminate information in an easily
accessible manner.
(c)The national technical
assistance center established under this section shall—
(1)gather and disseminate information on
evidence-based treatments, interventions, and services for children with autism
and adults with autism, including best practices in delivering such treatments,
interventions, and services, and make this information available to State
agencies with responsibilities under section 399BB(c)(2), local communities,
and individuals;
(2)gather and disseminate information on
activities of the Interagency Autism Coordinating Committee established under
section 399CC;
(3)provide analysis of activities funded under
the Combating Autism Reauthorization Act of
2010, including—
(A)the effectiveness of State and
community-based models for delivering comprehensive services to individuals
with autism;
(B)identification and dissemination of best
practices emerging from States, community-based organizations, nonprofit
providers, and local governments receiving demonstration grants under this
subpart;
(C)the State-by-State availability of, and
gaps in, services for individuals with autism spectrum disorders, including
information on services or service gaps in rural areas; and
(D)levels of funding and funding sources of
services for individuals with autism spectrum disorders in States;
(4)provide technical assistance to States and
organizations funded under this part;
(5)gather and disseminate information about
autism spectrum disorders;
(6)establish and maintain a Web site through
which to disseminate the information gathered under this section in an easily
accessible manner;
(7)establish
partnerships with advocacy organizations to disseminate accurate information on
education, service-provision, and support options and provide assistance in
navigating service-provision systems; and
(8)gather and disseminate other information as
determined appropriate by the
Secretary.
.
6.Authorization of
appropriationsSection 399FF
of the Public Health Service Act, as so redesignated by section 5, is
amended—
(1)in subsection (a) (relating to
developmental disabilities surveillance and research program), by adding at the
end the following:
(6)For fiscal year
2012, $30,000,000.
(7)For fiscal year
2013, $33,000,000.
(8)For fiscal year
2014, $36,000,000.
(9)For fiscal year
2015, $39,000,000.
(10)For fiscal year
2016,
$42,000,000.
;
(2)in subsection (b)
(relating to autism education, early detection, and intervention), by adding at
the end the following:
(6)For fiscal year
2012, $80,000,000.
(7)For fiscal year
2013, $86,000,000.
(8)For fiscal year
2014, $92,000,000.
(9)For fiscal year
2015, $98,000,000.
(10)For fiscal year
2016, $104,000,000.
;
and
(3)in subsection (c)
(relating to interagency autism coordinating committee, certain other
programs)—
(A)by striking
section 399CC, 409C, and section 404H
and inserting
sections 399CC, 404H, 464z–8, and 464z–9
; and
(B)by adding at the
end the following:
(6)For fiscal year
2012, $450,000,000.
(7)For fiscal year
2013, $500,000,000.
(8)For fiscal year
2014, $550,000,000.
(9)For fiscal year
2015, $600,000,000.
(10)For fiscal year
2016,
$650,000,000.
;
(4)by adding at the
end the following:
(d)Planning and
demonstration grant for services for children, transitioning youth and
adultsTo carry out section 399EE, there are authorized to be
appropriated the following:
(1)For fiscal year
2011, $400,000,000.
(2)For fiscal year
2012, $450,000,000.
(3)For fiscal year
2013, $500,000,000.
(4)For fiscal year
2014, $550,000,000.
(5)For fiscal year
2015, $600,000,000.
(6)For fiscal year
2016, $650,000,000.
(e)To carry out section 399EE–1, there are authorized to be
appropriated the following:
(1)For fiscal year
2011, $10,000,000.
(2)For fiscal year
2012, $11,500,000.
(3)For fiscal year
2013, $13,000,000.
(4)For fiscal year
2014, $14,500,000.
(5)For fiscal year
2015, $16,000,000.
(6)For fiscal year
2016, $17,500,000.
(f)National
technical assistance center for autism treatments, interventions, and
servicesTo carry out section 399EE–2, there are authorized to be
appropriated the following:
(1)For fiscal year
2011, $2,000,000.
(2)For fiscal year
2012, $2,100,000.
(3)For fiscal year
2013, $2,200,000.
(4)For fiscal year
2014, $2,300,000.
(5)For fiscal year
2015, $2,400,000.
(6)For fiscal year
2016,
$2,500,000.
.
7.Gao study on
service provision and financingNot later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States shall
release a report that examines the following issues:
(1)The ways in which autism services and
treatments are currently financed in the United States.
(2)Current policies for public and private
health insurance coverage of autism treatments, interventions, and
services.
(3)Geographic and regional disparities in
provision of services across the lifespan of individuals with autism, levels of
community-based versus institutional services, and coverage for such
services.
(4)Ways in which to improve financing of
autism treatments, interventions, and services, so as to ensure a minimum level
of coverage across the United States.
(5)Gaps in financing and availability of
services for adults on the autism spectrum, focusing particularly on the needs
of adults not eligible for developmental disability services provided by the
State.
(6)Areas of need to improve the quality of
services available to individuals on the autism spectrum in cross-disability
contexts, such as vocational rehabilitation and centers for independent
living.
(7)Findings from
replicable studies that indicate an increased risk of mortality for individuals
with autism due to preventable circumstances such as wandering, exposure,
drowning, and untreated seizure disorders.
8.Emerging needs
protection and advocacy program for individuals with autism spectrum
disorders
(a)Initiatives on
autism spectrum disordersTitle I of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) is amended
by adding at the end the following:
FInitiatives on
autism spectrum disorders
171.Emerging needs
protection and advocacy program
(a)The Secretary shall make grants to protection and
advocacy systems for the purpose of enabling such systems to address the needs
of individuals with autism spectrum disorders.
(b)Services provided under this section may include the
provision of—
(1)information,
referrals, and advice;
(2)individual and
family advocacy;
(3)legal
representation;
(4)specific
assistance in self-advocacy and assistance in capacity building for
organizations that advocate on behalf of individuals with autism spectrum
disorder; or
(5)training to
individuals with autism spectrum disorders, the families of such individuals,
or advocates for individuals with autism spectrum disorders.
(c)To
be eligible to receive a grant under this section, a protection and advocacy
system shall—
(1)have the right
and authority to investigate incidents of abuse and neglect of youth and adults
with autism spectrum disorders if the incidents are reported to the protection
and advocacy system or if there is probable cause to believe that the incidents
occurred;
(2)have the right
and authority to pursue administrative, legal, and other appropriate remedies
and approaches to ensure the protection of youth and adults with autism
spectrum disorders; and
(3)have the rights
and authorities, including access authority, described in section 143 of this
Act and section 105 of the Protection and Advocacy for Individuals with Mental
Illness Act.
(d)The Secretary shall make grants under this section during
each fiscal year beginning on October 1 to protection and advocacy systems as
follows:
(1)Appropriations
less than $6,700,000With respect to any fiscal year for which
the amount appropriated under subsection (i) is less than $6,700,000, the
Secretary shall make grants from such amount to protection and advocacy systems
that apply for a grant under this section in the amounts described in paragraph
(3).
(2)Appropriations
of $6,700,000 or more
(A)With respect to any fiscal year for which the amount
appropriated under subsection (i) is $6,700,000 or more, the Secretary shall
make grants from such amount to protection and advocacy systems under this
section in accordance with subparagraph (B).
(B)Subject to paragraph (3), the amount of a grant to a
protection and advocacy system under subparagraph (A) shall be equal to an
amount bearing the same ratio to the total amount appropriated for the fiscal
year involved as the population of the State, Territory, or Consortium in which
the grantee is located bears to the cumulative population of all States,
Territories, and the Consortium that receive such grant.
(3)
(A)The amount of a grant under this section shall not be
less than—
(i)in the case of a
protection and advocacy system located in a State, $120,000; and
(ii)in the case of a
protection and advocacy system located in a Territory or Consortium,
$60,000.
(B)Adjustments to
minimum amounts
(i)In the case of a fiscal year (referred to in this
subparagraph as the current fiscal year) in which the total amount
appropriated under subsection (i) is $10,000,000 or more, and such amount
appropriated exceeds the total amount appropriated under such subsection for
the preceding fiscal year, the Secretary shall increase the minimum grant
amounts under subparagraph (A) by a percentage equal to the percentage by which
the total amount appropriated for the current fiscal year exceeds the amount
appropriated for the previous fiscal year.
(ii)Clause
(i) shall not apply in the case that the total amount appropriated for the
current fiscal year is less than the amount appropriated for any fiscal year in
the period between the date of enactment of the
Combating Autism Reauthorization Act of
2010 and such current fiscal year.
(C)Applicability
of adjustmentsAn increase in the minimum grant amounts under
subparagraph (B) shall be effective for each subsequent fiscal year.
(4)Lower
appropriation yearsIn the case of a fiscal year for which the
amount appropriated under subsection (i) is insufficient to satisfy the
requirements of paragraph (3) for each protection and advocacy system that
applies for a grant under this section, the Secretary shall award grants in the
amounts described in paragraph (3) to as many protection and advocacy systems
as the amount appropriated allows.
(5)For
purposes of this subsection and subsection (e):
(A)The
term Consortium means an American Indian Consortium, as defined in
section 102(1).
(B)The
term State means each of the 50 States of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico.
(C)The
term Territory means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the United States Virgin Islands.
(e)Any
amount paid to a protection and advocacy system that serves a Consortium,
State, or Territory for a fiscal year under this section that remains
unobligated at the end of such fiscal year shall remain available to such
system for obligation during the next fiscal year for the purposes for which
such amount was originally provided.
(f)Notwithstanding any other provision of law, the Secretary
shall pay directly to any protection and advocacy system that complies with the
provisions of this section, the total amount of the grant for such system,
unless the system provides otherwise for such payment.
(g)Administrative,
reporting, and oversight requirementsTo the extent practicable,
reporting, monitoring, program financing, and other administrative and
oversight requirements established by the Secretary under this section shall be
consistent with the other administrative, reporting, and oversight requirements
for a protection and advocacy system.
(h)Each protection and advocacy system that receives a
payment under this section shall submit an annual report to the Secretary
concerning the services provided to individuals with autism spectrum disorders
by such system.
(i)Authorization
of appropriationsTo carry out this section, there are authorized
to be appropriated the following:
(1)For fiscal year
2011, $8,000,000.
(2)For fiscal year
2012, $9,000,000.
(3)For fiscal year
2013, $10,000,000.
(4)For fiscal year
2014, $11,000,000.
(5)For fiscal year
2015, $12,000,000.
(6)For fiscal year
2016, $13,000,000.
(j)In
this section, the term protection and advocacy system means a
protection and advocacy system established under section 143.
(k)
(1)Appropriations
of less than $6,750,000For a fiscal year for which the amount
appropriated to carry out this section is less than $6,750,000, the Secretary
shall set aside the greater of—
(A)1 percent of the
funds appropriated; or
(B)$25,000,
to make a
grant to a national organization with experience in providing training and
technical assistance to protection and advocacy systems to provide such
training and technical assistance.(2)Appropriations
of not less than $6,750,000For a fiscal year for which the
amount appropriated to carry out this section is not less than $6,750,000, the
Secretary shall set aside 2 percent of the funds appropriated to make a grant
to a national organization with experience in providing training and technical
assistance to protection and advocacy systems to provide such training and
technical assistance.
172.National
training initiative
(a)Grants and
technical assistance
(1)
(A)The Secretary, in consultation with the Interagency
Autism Coordinating Committee established under section 399CC of the Public
Health Service Act, shall award multi-year grants to eligible entities to
provide individuals with interdisciplinary training, continuing education,
technical assistance, and information for the purpose of improving services
rendered to individuals with autism spectrum disorders and the families of such
individuals, to address unmet needs related to autism spectrum
disorders.
(B)To be eligible to receive a grant under this subsection,
an entity shall be—
(i)a
University Center for Excellence in Developmental Disabilities Education,
Research, and Service; or
(ii)a comparable
interdisciplinary education, research, and service entity.
(C)An entity that desires to receive a grant for a
program under this subsection shall submit to the Secretary an
application—
(i)demonstrating
that the entity has capacity to—
(I)provide training
and technical assistance in evidence-based practices to evaluate, and provide
effective interventions, services, treatments, and supports to individuals with
autism spectrum disorders and the families of such individuals; and
(II)establish a
consumer advisory committee that includes individuals with autism spectrum
disorder and family members of individuals with autism spectrum
disorder;
(ii)providing
assurances that the entity will—
(I)provide trainees
under this subsection with an appropriate balance of interdisciplinary academic
and community-based experiences; and
(II)provide to the
Secretary, in the manner prescribed by the Secretary, data regarding the number
of individuals who have benefitted from, and outcomes of, the provision of
training and technical assistance under this subsection;
(iii)providing
assurances that training, technical assistance, dissemination of information,
and services under this subsection will be—
(I)consistent with
the goals of this Act, the Americans with Disabilities Act of 1990, the
Individuals with Disabilities Education Act, and the Elementary and Secondary
Education Act of 1965; and
(II)conducted in
coordination with relevant State agencies, institutions of higher education,
and service providers; and
(iv)containing such
other information and assurances as the Secretary may require.
(D)A grant received under this subsection shall be used to
provide individuals (including parents and health, allied health, vocational,
and educational professionals) with interdisciplinary training, continuing
education, technical assistance, and information for the purpose of improving
services rendered to individuals with autism spectrum disorders and the
families of such individuals, to address unmet needs related to autism spectrum
disorders. Such training, education, assistance, and information shall include
each of the following:
(i)Training health,
allied health, vocational, and educational professionals to identify, evaluate
the needs of, and develop interventions, services, treatments, and supports
(including housing, personal safety, and employment related supports) for
individuals with autism spectrum disorders.
(ii)Developing,
demonstrating, and disseminating a standard curriculum for the training of
first responders, including police, firefighters, emergency medical
technicians, and other law enforcement and public safety officers.
(iii)Training direct
service professionals to provide housing and employment related
supports.
(iv)Developing model
services and supports that demonstrate evidence-based practices.
(v)Developing
systems and products that allow for the interventions, services, treatments,
and supports to be evaluated for fidelity of implementation.
(vi)Working to
expand the availability of evidence-based, lifelong interventions; educational,
employment, and transition services; and community supports.
(vii)Providing
statewide technical assistance in collaboration with relevant State agencies,
institutions of higher education, advocacy organizations, family groups, and
community-based service providers.
(viii)Working to
develop comprehensive systems of supports and services for individuals with
autism spectrum disorders and the families of such individuals, including
seamless transitions between education and health systems across the
lifespan.
(ix)Promoting
training, technical assistance, dissemination of information, supports, and
services.
(x)Developing
mechanisms to provide training and technical assistance, including for-credit
courses, intensive summer institutes, continuing education programs,
distance-based programs, and Internet Web site-based information dissemination
strategies.
(xi)Promoting
activities that support community-based family and individual services and
enable individuals with autism spectrum disorders to fully participate in
society and achieve good quality-of-life outcomes.
(xii)Collecting data
on the outcomes of training and technical assistance programs to meet statewide
needs for the expansion of services to individuals with autism spectrum
disorders.
(E)The amount of a grant to any entity for a fiscal year
under this paragraph shall be not less than $250,000.
(2)The Secretary shall reserve 2 percent of the amount
appropriated to carry out this subsection for a fiscal year to make a grant to
a national organization with demonstrated capacity for providing training and
technical assistance to—
(A)assist in
national dissemination of specific information, including evidence-based best
practices, from interdisciplinary training programs, and when appropriate,
other entities whose findings would inform the work performed by entities
awarded grants;
(B)compile and
disseminate strategies and materials that prove to be effective in the
provision of training and technical assistance so that the entire network can
benefit from the models, materials, and practices developed in individual
centers;
(C)assist in the
coordination of activities of grantees under this subsection;
(D)develop an
Internet portal that will provide linkages to each of the individual training
initiatives and provide access to training modules, promising training, and
technical assistance practices and other materials developed by
grantees;
(E)serve as a
research-based resource for Federal and State policymakers on information
concerning the provision of training and technical assistance for the
assessment, and provision of supports and services for, individuals with autism
spectrum disorders;
(F)partner with
Federal, State, and local advocacy organizations to ensure effective
dissemination of research findings to individuals on the autism
spectrum;
(G)convene experts
from multiple interdisciplinary training programs, individuals with autism
spectrum disorders, and the families of such individuals to discuss and make
recommendations with regard to training issues related to assessment,
interventions, services, treatment, and supports for individuals with autism
spectrum disorders; and
(H)undertake any
other functions that the Secretary determines to be appropriate.
(3)Authorization
of appropriationsTo carry out this subsection, there are
authorized to be appropriated the following:
(A)For fiscal year
2011, $20,000,000.
(B)For fiscal year
2012, $22,000,000.
(C)For fiscal year
2013, $24,000,000.
(D)For fiscal year
2014, $26,000,000.
(E)For fiscal year
2015, $28,000,000.
(F)For fiscal year
2016, $30,000,000.
(b)Expansion of
the number of university centers for excellence in developmental disabilities
education, research, and service
(1)To provide for the establishment of up to 4 new
University Centers for Excellence in Developmental Disabilities Education,
Research, and Service, the Secretary shall award up to 4 grants to institutions
of higher education in accordance with the requirements of this
subtitle.
(2)Except for subsection (a)(3), the provisions of
subsection (a) shall apply with respect to grants under this subsection to the
same extent and in the same manner as such provisions apply with respect to
grants under subsection (a).
(3)In
awarding grants under this section, the Secretary shall give priority to
applicants that—
(A)are minority
institutions that have demonstrated capacity to meet the requirements of this
section and provide services to individuals with autism spectrum disorders and
the families of such individuals; or
(B)are located in a
State with one or more unserved or underserved populations.
(4)Authorization
of appropriationsTo carry out this section, there are authorized
to be appropriated the following:
(A)For fiscal year
2011, $2,000,000.
(B)For fiscal year
2012, $2,200,000.
(C)For fiscal year
2013, $2,400,000.
(D)For fiscal year
2014, $2,600,000.
(E)For fiscal year
2015, $2,800,000.
(F)For fiscal year
2016, $3,000,000.
(5)In
this subsection:
(A)The term
minority institution has the meaning given such term in section
365 of the Higher Education Act of 1965.
(B)The term
University Center for Excellence in Developmental Disabilities Education,
Research, and Service means a University Center for Excellence in
Developmental Disabilities Education, Research, and Service that has been or is
funded through subtitle D or this
subsection.
.
9.Not later than
January 1, 2013, and each January 1 thereafter, the Secretary shall submit to
the appropriate committees of Congress a report concerning the implementation
of this Act, including the amendments made by this Act.