pennhurst state school halderman argued december decided april developmentally disabled assistance bill rights act act established grant program whereby federal government provides financial assistance participating aid creating programs care treat developmentally disabled act voluntary given choice complying conditions set forth act forgoing benefits federal funding bill rights provision act mentally retarded persons right appropriate treatment services habilitation setting least restrictive personal liberty pennsylvania participating state owns operates pennhurst state school hospital facility care treatment mentally retarded respondent halderman retarded resident pennhurst brought class action federal district behalf pennhurst residents pennhurst various officials responsible operation alleged inter alia conditions pennhurst unsanitary inhumane dangerous conditions denied class members various specified constitutional statutory rights including rights act addition seeking injunctive monetary relief urged pennhurst closed community living arrangements established residents district found certain claimed rights violated granted relief sought appeals substantially affirmed avoided constitutional claims instead held created substantive rights favor mentally retarded mentally retarded persons implied cause action enforce rights conditions pennhurst violated rights found congress enacted act pursuant fourteenth amendment spending power held section create favor mentally retarded substantive rights appropriate treatment least restrictive environment pp case inferring congressional intent create pursuant congress enacting power fourteenth amendment enforceable rights obligations weakest rights asserted imposed affirmative obligations fund certain services since may assumed congress implicitly attempt impose massive financial obligations unlike legislation enacted however legislation enacted pursuant spending power much nature contract return federal funds agree comply federally imposed conditions legitimacy congress power legislate spending power thus rests whether state voluntarily knowingly accepts terms contract congress intends impose condition grant federal moneys must unambiguously pp applying principles cases finds nothing act legislative history suggest congress intended require assume high cost providing appropriate treatment least restrictive environment mentally retarded citizens virtually support appeals conclusion congress created rights obligations pursuant power enforce fourteenth amendment act nowhere purpose contrary act language structure demonstrate mere funding statute section read context specific provisions act express congressional preference certain kinds treatment far requiring fund newly declared individual rights act systematic focus seeking improve care individuals encouraging better state planning coordination demonstration projects pp merit contention congress acting pursuant spending power conditioned grant federal funds state agreeing underwrite obligations appeals read noted findings viewed context specific provisions act represent general statements federal policy newly created legal duties moreover plain language well administrative interpretation provision also refutes contention section contrast provisions act clearly impose conditions way suggests grant federal funds conditioned state funding rights described therein pp rule statutory construction congress must express clearly intent impose conditions grant federal funds knowingly decide whether accept funds applies greatest force state potential obligations act largely indeterminate crucial inquiry whether state knowingly undertake obligation provide appropriate treatment least restrictive setting whether congress spoke clearly fairly said state make informed choice case congress fell well short providing clear notice accepting funds act obligated comply pp comparison general language conditions congress explicitly imposed act demonstrates congress intend place either absolute conditional obligations pp questions addressed appeals whether individual mentally retarded persons may bring suit compel compliance conditions contained act federal constitutional claims claims another federal statute issues whether state law imposed obligation pennsylvania provide treatment remanded consideration reconsideration respectively light instant decision pp rehnquist delivered opinion burger stewart powell stevens joined blackmun filed opinion concurring part concurring judgment post white filed opinion dissenting part brennan marshall joined post together mayor philadelphia et al halderman et al pennsylvania association retarded citizens et al pennhurst state school hospital et al commissioners mental retardation administrator bucks county et al halderman et al pennhurst assn halderman et also certiorari allen warshaw argued cause petitioners thomas kittredge argued cause petitioners nos joel klein argued cause petitioner briefs harvey bartle iii robert hoffman norman watkins alan davis carl singley bartow farr iii david ferleger argued cause filed brief respondents halderman et al thomas gilhool argued cause pennsylvania association retarded citizens et petitioners respondents nos brief frank laski michael churchill assistant attorney general days argued cause brief solicitor general mccree harriet shapiro brian landsberg frank allen joan magagna briefs amici curiae urging reversal filed carl ajello attorney general hugh barber francis macgregor assistant attorneys general state connecticut michael gottesman robert weinberg congress advocates retarded et al briefs amici curiae urging affirmance filed wm reece smith american bar association margaret ewing paul friedman american orthopsychiatric association et al clifford stromberg american psychiatric association david tatel international league societies mentally handicapped et al robert burgdorf national association protection advocacy systems et al james crawford national association retarded citizens et al ronald soskin national center law handicapped et al deborah kaplan steven fleisher people first international et al david shaw connecticut association retarded citizens et al steven schwartz robert fleischner plaintiffs brewster dukakis mass et al brief state illinois et al amici curiae filed alan grischke christine bremer special assistant attorneys general illinois gregorey smith acting attorney general new hampshire wilbur glahn iii anne clarke assistant attorneys general william guste attorney general louisiana carmack blackmon assistant attorney general william brown attorney general ohio george striker assistant attorney general mark meierhenry attorney general south dakota janice godtland assistant attorney general slade gorton attorney general washington david minikel assistant attorney general chauncey browning attorney general west virginia david brisell assistant attorney general paul douglas attorney general nebraska john degnan attorney general new jersey steven wallach deputy attorney general william leech attorney general tennessee lee breckenridge assistant attorney general warren spannaus attorney general minnesota alan held special assistant attorney general justice rehnquist delivered opinion issue cases scope meaning developmentally disabled assistance bill rights act stat amended et seq ed supp iii appeals third circuit held act created substantive rights favor mentally retarded rights judicially enforceable conditions pennhurst state school hospital pennhurst facility care treatment mentally retarded violated rights reasons stated reverse decision appeals remand cases proceedings commonwealth pennsylvania owns operates pennhurst pennhurst large institution housing approximately residents percent residents either severely profoundly retarded iq less number residents also physically handicapped half residents committed order half parent guardian respondent terri lee halderman minor retarded resident pennhurst filed suit district eastern district pennsylvania behalf pennhurst residents pennhurst superintendent various officials commonwealth pennsylvania responsible operation pennhurst hereafter petitioners additional respondents hereinafter respondent halderman referred respondents cases mentally retarded persons pennsylvania association retarded citizens parc subsequently intervened plaintiffs parc added several surrounding counties defendants alleging responsible commitment persons pennhurst amended complaint alleged inter alia conditions pennhurst unsanitary inhumane dangerous specifically complaint averred conditions denied class members due process equal protection law violation fourteenth amendment inflicted cruel unusual punishment violation eighth fourteenth amendments denied certain rights conferred rehabilitation act stat amended et seq ed supp iii developmentally disabled assistance bill rights act et seq ed supp iii pennsylvania mental health mental retardation act stat tit purdon addition seeking injunctive monetary relief complaint urged pennhurst closed community living arrangements established residents district certified class consisting persons may become residents pennhurst trial issued opinion reported supp making findings fact conclusions law respect conditions pennhurst findings fact undisputed conditions pennhurst dangerous residents often physically abused drugged staff members also inadequate habilitation retarded indeed found physical intellectual emotional skills residents deteriorated pennhurst district went hold mentally retarded federal constitutional right provided minimally adequate habilitation least restrictive environment regardless whether voluntarily involuntarily committed also held existed constitutional right free harm eighth amendment provided nondiscriminatory habilitation equal protection clause addition found rehabilitation act pennsylvania mental health mental retardation act stat tit purdon provided right minimally adequate habilitation least restrictive environment rights found violated conditions existing pennhurst indeed held large institution pennhurst provide adequate habilitation thus ordered pennhurst eventually closed suitable community living arrangements provided pennhurst residents plans removal residents pennhurst submitted individual treatment plans developed resident participation family conditions pennhurst improved interim appointed special master supervise implementation order appeals third circuit substantially affirmed district remedial order en banc unlike district however appeals sought avoid constitutional claims raised respondents instead rested order construction developmentally disabled assistance bill rights act et seq ed supp iii found act stat bill rights provision grant mentally retarded persons right appropriate treatment services habilitation setting least restrictive personal liberty held test articulated cort ash mentally retarded persons implied cause action enforce right found congress enacted statute pursuant fourteenth amendment spending power declined consider whether statute enacted pursuant spending power alone ever provide predicate private substantive rights alternative ground affirmed district holding pennhurst residents state statutory right adequate habilitation concluded conditions pennhurst violated federal state statutory rights relief affirmed order district except insofar ordered pennhurst closed although concluded deinstitutionalization favored approach habilitation least restrictive environment construe act require closing large institutions like pennhurst thus remanded case district individual determinations special master appropriateness improved pennhurst patient instructed district master engage presumption favor placing individuals community living arrangements three judges dissented although assumed majority correct holding pennhurst residents right treatment act implied cause action act enforce right disagreed act imposed duty defendants provide least restrictive treatment possible dissent stated language structure act relevant regulations legislative history indicate may consider resources providing less restrictive treatment believe general findings declarations contained funding statute designed encourage course conduct used federal courts create absolute obligations granted certiorari consider petitioners several challenges decision petitioners first contend create favor mentally retarded substantive rights appropriate treatment least restrictive environment assuming congress intend create right petitioners question authority congress impose affirmative obligations either spending power fourteenth amendment petitioners next assert rights created act enforceable federal federal government private parties finally petitioners argue read scope rights created act broadly far exceeded remedial powers requiring commonwealth move residents less restrictive environments create individual habilitation plans mentally retarded agree petitioners first contention simply create substantive rights find unnecessary address remaining issues ii turn first brief review general structure act grant program whereby federal government provides financial assistance participating aid creating programs care treat developmentally disabled like cooperative programs act voluntary given choice complying conditions set forth act forgoing benefits federal funding see generally king smith rosado wyman harris mcrae commonwealth pennsylvania elected participate program secretary department health human services hhs agency responsible administering act approved pennsylvania state plan disbursed pennsylvania approximately million pennhurst receives federal funds pennsylvania allotment act though receive approximately million per year medicaid funds act begins exhaustive statement purposes supp iii overall purpose act amended assist assure persons developmental disabilities receive care treatment services necessary enable achieve maximum potential system coordinates monitors plans evaluates services ensures protection legal human rights persons developmental disabilities emphasis supplied set forth margin specific purposes act assist financially support various activities necessary provision comprehensive services developmentally disabled supp iii act next lists variety conditions receipt federal funds example secretary condition providing assistance shall require recipient assistance take affirmative action hire qualified handicapped individuals state turn shall condition receiving assistance submit secretary plan evaluate services provided act state shall also condition receiving assistance provide secretary satisfactory assurances program receives funds state allotment effect developmentally disabled person receives services program habilitation plan supp iii supp iii conditions aid state promise effect system protect advocate rights persons developmental disabilities issue course bill rights provision relevant part congress makes following findings respecting rights persons developmental disabilities persons developmental disabilities right appropriate treatment services habilitation disabilities treatment services habilitation person developmental disabilities designed maximize developmental potential person provided setting least restrictive person personal liberty federal government obligation assure public funds provided institutio provide treatment services habilitation appropriate needs person meet following minimum standards noticeably absent language suggesting condition receipt federal funding act section thus stands sharp contrast enabling parts act funding sections ed supp iii sections describe funds allotted require state desiring financial assistance submit overall plan satisfactory secretary hhs require funds disbursed act used accordance approved state plan approved secretary state plan must comply several specific conditions set forth inter alia must provide establishment state planning council set specific objectives achieved plan supp iii services furnished plan must consistent standards prescribed secretary supp iii provided individual manner consistent supp iii plan must also supported assurances program receiving assistance protecting human rights disabled consistent supp iii state must also require state planning council serve advocate persons developmental disabilities ed supp iii act provides procedures sanctions ensure state compliance requirements secretary may course disapprove state plan state fails satisfy requirements secretary may terminate reduce federal grant supp iii state dissatisfied secretary disapproval plan decision terminate funding may appeal federal courts appeals cause action recognized act iii support broad remedial order appeals found created substantive rights favor disabled imposed obligation provide expense certain kinds treatment initial question us one statutory construction congress intend create enforceable rights obligations discerning congressional intent necessarily turn possible sources congress power legislate namely congress power enforce fourteenth amendment power spending clause place conditions grant federal funds although held congress acted powers respondents disagree point halderman respondents argue enacted pursuant fourteenth amendment accordingly assert mandatory regardless receipt federal funds solicitor general contrast concedes congress acted pursuant spending power alone tr oral arg thus view applies accept federal funds although previously addressed issues going congress power secure guarantees fourteenth amendment katzenbach morgan oregon mitchell fitzpatrick bitzer little occasion consider appropriate test determining congress intends enforce guarantees legislation imposes congressional policy state involuntarily often intrudes traditional state authority quickly attribute congress unstated intent act authority enforce fourteenth amendment previous cases wholly consistent view since congress cases expressly articulated intent legislate pursuant see katzenbach morgan supra intent expressly stated voting rights act oregon mitchell supra intent expressly stated voting rights act amendments fitzpatrick bitzer supra intent expressly stated house senate reports amendments civil rights act cf south carolina katzenbach intent enforce fifteenth amendment expressly stated voting rights act cases moreover involved statutes simply prohibited certain kinds state conduct case inferring intent weakest rights asserted impose affirmative obligations fund certain services since may assume congress implicitly attempt impose massive financial obligations turning congress power legislate pursuant spending power cases long recognized congress may fix terms shall disburse federal money see oklahoma csc king smith rosado wyman unlike legislation enacted however legislation enacted pursuant spending power much nature contract return federal funds agree comply federally imposed conditions legitimacy congress power legislate spending power thus rests whether state voluntarily knowingly accepts terms contract see steward machine davis harris mcrae course knowing acceptance state unaware conditions unable ascertain expected accordingly congress intends impose condition grant federal moneys must unambiguously cf employees department public health welfare edelman jordan insisting congress speak clear voice enable exercise choice knowingly cognizant consequences participation indeed instances congress intended fund certain entitlements condition receiving federal funds proved capable saying explicitly see king smith supra social security act creates federally imposed obligation furnish aid families dependent children reasonable promptness eligible individuals quoting act must carefully inquire whether congress imposed obligation spend state money fund certain rights condition receiving federal moneys act whether spoke merely precatory terms applying principles cases find nothing act legislative history suggest congress intended require assume high cost providing appropriate treatment least restrictive environment mentally retarded citizens virtually support lower conclusion congress created rights obligations pursuant power enforce fourteenth amendment act nowhere purpose quite contrary act language structure demonstrate mere funding statute explicit purposes act simply assist use federal grants improve care treatment mentally retarded supp iii nothing either overall specific purposes act reveals intent require fund new substantive rights surely congress established elaborate funding incentives simply intended impose absolute obligations respondents nonetheless insist fact speaks terms rights supports view reliance misplaced expounding statute must guided single sentence member sentence look provisions whole law object policy philbrook glodgett quoting heirs boisdore see district columbia carter contrary respondents assertion specific language legislative history ambiguous persuaded read context specific provisions act express congressional preference certain kinds treatment simply general statement findings thin reed support rights obligations read closest one come giving meaning justifies supports congress appropriation money act guides secretary review state applications federal funds see carolene products recognized rosado wyman supra congress sometimes legislates innuendo making declarations policy indicating preference requiring measures though falling short legislating goal serve nudge preferred directions case legislative history buttresses conclusion congress intended encourage rather mandate provision better services developmentally disabled house committee believed purpose act simply continue existing federal grant program designed promote effective planning programs initiation new needed programs filling gaps among existing efforts pp indeed passed house act contained bill rights provision whatsoever committee instead merely applauded efforts others secure rights developmentally disabled respondents however argue vigorously legislative history bill passed senate evinces congress intent impose absolute obligations fund certain levels treatment respondents rely heavily title ii senate bill adopted bill rights mentally retarded contained pages detailed standards designed assist protection human rights guaranteed constitution report also noted federal government responsibility provide equal protection law citizens senator stafford stated senate floor title ii added bill assist protection rights guaranteed constitution individuals require institutionalization cong rec respondents read much scattered bits legislative history first place means clear even senate bill created new substantive rights favor disabled despite general discussion equal protection guarantees senate report committee view act quite modest explained purpose title ii simply stimulate develop alternative programs care mentally retarded supra viewed title ii satisfying need clear exposition purposes support provided authorities act remarks various senators contrary senator stafford spoke merely terms assisting senator randolph introducing bill floor senate confirmed senate limited purpose said developed bill whose thrust like act assist developing comprehensive plan bring together available resources coordinated way developmentally disabled individuals appropriately served goal thorough careful planning effective evaluation cong rec emphasis supplied even senator javits principal proponent title ii read act establishing new substantive rights enforce guaranteed constitution explained title ii represents reaffirmation basic human civil rights citizens offers direction provide valid realistic framework improving overall situation country mentally retarded developmentally disabled individuals emphasis supplied event whatever senate view bill congress declined adopt conference committee rejected explicit standards title ii instead compromised general statement findings later became conf pp senator javits noted respect compromise title ii conference agreement establishes clear federal policy mentally retarded right appropriate treatment services habilitation cong rec emphasis supplied sum nothing suggests congress intended act something typical funding statute far requiring fund newly declared individual rights act systematic focus seeking improve care individuals encouraging better state planning coordination demonstration projects much like medicaid statute considered harris mcrae act issue designed cooperative program shared responsibilit ies device federal government compel state provide services congress unwilling fund remains contention solicitor general congress acting pursuant spending power conditioned grant federal money state agreeing underwrite obligations appeals read find contention wholly without merit amply demonstrated findings viewed context specific provisions act represent general statements federal policy newly created legal duties plain language also refutes solicitor general contention congress intended impose conditions grant federal funds proved capable clear terms section marked contrast way suggests grant federal funds conditioned state funding rights described therein existence explicit conditions throughout act absence conditional language manifest limited meaning equally telling fact secretary specifically rejected position solicitor general purpose act according secretary merely improve coordinate provision services persons developmental disabilities cfr secretary acknowledges authority included act allow department withhold funds basis failure meet findings fed reg funds terminated state failure comply hardly considered condition grant federal funds secretary interpretation moreover well supported legislative history reaching compromise conference committee rejected senate proposal terminate federal funding failed comply standards enumerated title ii senate bill see supra eliminating sanction congress made clear provisions intended hortatory mandatory fact congress granted pennsylvania million sum woefully inadequate meet enormous financial burden providing appropriate treatment least restrictive setting confirms congress must limited purpose enacting congress impose affirmative obligations usually makes far substantial contribution defray costs harris mcrae supra defies common sense short suppose congress implicitly imposed massive obligation participating conclusion also buttressed rule statutory construction established congress must express clearly intent impose conditions grant federal funds knowingly decide whether accept funds canon applies greatest force state potential obligations act largely indeterminate difficult know meant providing appropriate treatment least restrictive setting unlikely state accepted federal funds known bound provide treatment crucial inquiry however whether state knowingly undertake obligation whether congress spoke clearly fairly say state make informed choice case congress fell well short providing clear notice accepting funds act indeed obligated comply lack conditional language strains credulity argue participating known obligations secretary hhs governmental agency responsible administration act agency participating contact never understood impose conditions participating though congress power legislate spending power broad include surprising participating postacceptance retroactive conditions finally brief comparison general language conditions congress explicitly imposed demonstrates congress intend place either absolute conditional obligations appeals example read impose obligation provide habilitation plans developmentally disabled persons congress required habilitation plans federal assistance act contributes portion cost habilitation services developmentally disabled person conf appeals correct course purpose congress required habilitation plans limited requirement certain programs since plans automatically mandated programs inclusive requirements second specific condition imposed supp iii requires state plan contain supported assurances satisfactory secretary human rights persons developmental disabilities receiving treatment services habilitation programs assisted chapter protected consistent section title relating rights developmentally disabled limitations programs assisted act affording protection manner consistent unnecessary ruled state programs required fund rights described third held mandated deinstitutionalization mentally retarded persons originally enacted however act required state use less percent allotment purpose assisting developing implementing plans designed eliminate inappropriate placement institutions persons developmental disabilities three years later congress relieved even modest duty instead requiring use certain portion allotment support deinstitutionalization congress required concentrate efforts least one four areas one community living arrangements ii supp iii created right deinstitutionalization policy choices contemplated provisions meaningless sum failed recognize distinction congressional encouragement state programs imposition binding obligations harris mcrae relying distinction southeastern community college davis rejected claim rehabilitation act bars discrimination handicapped persons federally funded programs obligates schools take affirmative steps eliminate problems raised applicant hearing disability finding state agencies southeastern encourage adopt implement policies procedures quoting act stressed congress understood accommodation needs handicapped individuals may require affirmative action knew provide instances wished likewise case congress aware need developmentally disabled persons plainly understood difference financial otherwise encouraging specified type treatment mandating iv respondents also suggest may bring suit compel compliance conditions contained act particular relevance cases supp iii supp iii quoted supra claim raises several issues first must determined whether respondents private cause action compel state compliance conditions legislation enacted pursuant spending power typical remedy state noncompliance federally imposed conditions private cause action noncompliance rather action federal government terminate funds state see supp iii last term however maine thiboutot held provides cause action state deprivations rights secured laws see whether thiboutot controls cases depends two factors first respondents unlike plaintiffs thiboutot alleged state law prevented receiving federal funds entitled claim state plan provided adequate assurances secretary least open question whether individual interest state provide assurances right secured laws within meaning second justice powell dissent thiboutot suggested available governing statute provides exclusive remedy violations terms unclear whether express remedy contained act exclusive second clear pennhurst petitioners violated ed supp iii sections terms refer programs assisted act pennhurst receive federal funds act arguably program assisted thus may obligation state assure secretary resident pennhurst habilitation plan assure secretary pennhurst residents provided services consistent third question remedy respondents relief may well limited enjoining federal government providing funds commonwealth stated rosado wyman welfare claimants entitled declaratory relief appropriate injunction district payment federal monies state develop conforming plan within reasonable period time emphasis original rejected suggestion courts require state pay additional sums demanded compliance federal standards relying king smith explained state alternative choices assuming additional cost complying federal standard using federal funds accordingly remanded case state exercise choice instances however implicitly departed rule affirmed lower decisions enjoining state enforcing provisions conflict federal law violation supremacy clause carleson remillard still cases struck state laws without addressing form relief townsend swank case however required state provide money plaintiffs much less required state take potentially burdensome obligations providing appropriate treatment least restrictive environment suit federal anything prospective relief pose serious questions eleventh amendment edelman jordan difficult questions appeals addressed issues however remand issues consideration light decision finding federal law imposed obligation provide treatment examined state law found imposed requirement looked pennsylvania mental health mental retardation act provides pertinent part department public welfare shall power duty shall assure within state availability equitable provision adequate mental health mental retardation services persons need regardless religion race color national origin settlement residence economic social status stat tit purdon respondents contend even conclude relief unavailable federal law state law adequately supports relief ordered appeals however two difficulties argument first lower finding state law provides right treatment may well colored holding respect second held right treatment state right treatment least restrictive environment unclear whether state law provides independent adequate ground support remedial order accordingly remand issue reconsideration light decision similar reasons also remand appeals issues address namely respondents federal constitutional claims claims rehabilitation act vi congress recent years enacted several laws designed improve way nation treats mentally retarded developmentally disabled assistance bill rights act one law establishes national policy provide better care treatment retarded creates funding incentives induce act attributing far much congress held required expense provide certain kinds treatment accordingly reverse principal holding appeals remand proceedings consistent opinion reversed remanded footnotes community living arrangements smaller less isolated residences retarded persons treated much possible like nonretarded persons technical difference treatment applies curable mental illness habilitation consists education training mentally retarded ill opinion like opinions courts use terms interchangeably originally enacted definition developmentally disabled included mental retardation amended however mentally retarded individual considered developmentally disabled satisfies various criteria set forth act perhaps suggestive novelty appeals decision none respondents briefed act district raised appeals rather suggested applicability act requested supplemental briefs issue purpose rehearing en banc even raised constitutional claims district contended merely significant implication developmentally disabled act important light sheds upon congressional intent nature rights institutionalized mentally retarded persons guidance may give discerning violation section rehabilitation act supplemental brief section fourteenth amendment provides congress shall power enforce appropriate legislation provisions article spending power encompassed art cl constitution congress shall power provide general welfare decisions somewhat unclear concerning petitioners owe right treatment district certified class persons may become residents pennhurst appeals directed relief plaintiffs case including pennhurst waiting list thus decisions arguably entitle even mentally retarded citizens institutionalized currently receiving services right treatment dissent went conclude neither federal constitution rehabilitation act state law required state provide treatment least restrictive setting dissent thus reversed portions district order contemplated order closing pennhurst creation new less restrictive facilities also remanded case district decide best bring pennhurst compliance statutory constitutional requirements left open possibility certain individuals future may able show particular mode treatment rationally related state purpose confining section provides specific purposes chapter assist provision comprehensive services persons developmental disabilities priority persons whose needs covered otherwise met education handicapped children act rehabilitation act health education welfare programs assist appropriate planning activities make grants public private nonprofit agencies establish model programs demonstrate innovative habilitation techniques train professional paraprofessional personnel respect providing services persons developmental disabilities make grants university affiliated facilities assist administering operating demonstration facilities provision services persons developmental disabilities interdisciplinary training programs personnel needed provide specialized services persons make grants support system state protect legal human rights persons developmental disabilities sections authorize separate funding facilities operation demonstration training programs pertinent provisions reworded recodified section supp iii replaced act added renumbered stat required somewhat similar assurance significant difference two provisions contains specific reference parc respondents take somewhat different view although argue congress enacted spending power suggest applies programs receive federal money parc respondents also litigation arguing act requires pennhurst closed view individual placement decisions required authorized act event improper exercise judicial authority course question whether congress power create rights obligations found although held section go beyond judicially declared limits ourteenth mendment never found involuntarily committed constitutional right treatment much less voluntarily committed see sanchez new mexico dismissing want substantial federal question donaldson burger concurring thus pennhurst petitioners several amici argue legislation purports create right treatment one least restrictive setting appropriate legislation within meaning conclude creates rights whatsoever find unnecessary consider question limits power congress impose conditions pursuant spending power steward machine davis lau nichols fullilove klutznick burger see national league cities usery even halderman respondents like recognize constitutional difficulties imposing affirmative obligations pursuant spending power tr oral arg issue however us respondents also contend title act passed rather codified reveals intent create rights favor disabled pub stat passed act contained three titles title provided services facilities developmentally disabled title ii entitled establishment protection rights persons developmental disabilities contained respondents reliance title misplaced long established title act enlarge confer powers oregon california cornell coyne see fisher cranch yazoo mississippi valley thomas addition location act passed confirms limited meaning section preamble title ii followed provisions later codified congressional findings thus seem designed simply serve rationale conditions imposed remaining sections title ii originally passed senate example bill provided state failed comply detailed standards care enumerated title ii lose federal funding including provided programs medicaid tit ii see fact senate include funding sanction course wholly inconsistent respondents argument congress acting pursuant fourteenth amendment contrary proved amendment provides rights persons developmental disabilities described findings made section addition constitutional rights otherwise afforded persons stat provision adopted conference committee without legislative history merely expresses congress view persons developmental disabilities rights addition generally available persons section recognizes congress described rights created nothing language supports inference substantive duties statement congressional policy sure secretary read recodification supp iii require participating state assure secretary services funded programs provided consistent fed reg discussed infra even secretary interpretation recodification correct participating state obligations far modest obligations read urged solicitor general also important note secretary despite apparent authority terminated funds pennsylvania noncompliance solicitor general also relies heavily quoted supra apparently contends congress conditioned grant federal funds including medicaid participating state agreement provide adequate treatment individuals although unlike least speaks terms obligations find solicitor general argument ultimately without merit first like findings merely expression federal policy even secretary concedes congress give secretary authority withdraw federal funds basis state failure comply second terms federal government spend public money substandard institutions nothing reveals intent condition grant federal funds act state promise provide appropriate habilitation individuals house report example explained required plan much deinstitutionalization feasible recognizing requirement prompt movement patients state institutions back communities appeals apparently aware conditions since referred expressly concluding creates right treatment error bypassing specific conditions resting decision general language conclude confers substantive rights need reach question whether private cause action section enforce rights see southeastern community college davis justice white concedes pennsylvania may violated since pennhurst may program assisted act post curiously however simultaneously assumes applies pennhurst post apply programs assisted understand applicable significantly differ brother white remedy failure comply federally imposed conditions relying rosado wyman argues pennsylvania given option rejecting federal funds act complying agreed condition grant federal funds little difficulty subscribing view differ believes imposes conditions participating believe relevant conditions cases remand determines violation conditions may well appropriate apply principles announced rosado justice white suggests respondents submitted photocopies recent decision pennsylvania characterize holding pennsylvania state law provides right individualized habilitation services schmidt late submission fails comply rule affect decision remand following reversal appeals position consider issues light pennsylvania recent decision rehabilitation act amended et seq ed supp iii education handicapped children act social security amendments community mental health centers act et seq justice blackmun concurring part concurring judgment although agree judgment appeals must reversed although accord much says meaning confused confusing legislation see ante join advisory discussion part iv opinion part properly correctly notes ante leaves open consideration remand whether form create rights enforceable private parties like make plaintiff classes however seems strongly intimate view kindly future positive holding direction agree specific question presented today decided decline join appears negative attitude part possible construction act seems plain congress enacting intended merely set politically essentially meaningless language developmentally disabled deserve hands state federal authorities perfectly reasonable judicial interpretation avoid odd perhaps dangerous precedent ascribing meaning congressional enactment observe give effect linkage points ante state accepts funds act becomes legally obligated submit state plan containing assurances satisfactory secretary human rights persons developmental disabilities receiving treatment services habilitation programs assisted chapter protected consistent section supp iii private parties intended beneficiaries act power enforce modest legal content unusual application precedents even legislative scheme involves federal regulatory supervision state operations see cannon university chicago rosado wyman see also maine thiboutot finally difficulty suggestion ante pennhurst free act requirements directly receive funds act commonwealth program institutionalized developmentally disabled unified one administration restrict definition program assisted specific institutions within unified program allow state insulate substandard institutions federal requirements merely allocating federal funds acceptable premises state funds substandard ones justice white justice brennan justice marshall join dissenting part pennhurst residential institution retarded operated commonwealth pennsylvania serving area roughly half residents admitted upon application parents guardians remainder committed pursuant order extensive discovery lengthy trial district held conditions confinement pennhurst violated rights residents eighth fourteenth amendments constitution state law rehabilitation act entered detailed remedial order requiring eventual closing pennhurst favor community living arrangements pennhurst displaced residents supp ed appeal appeals third circuit determined result reached district proper developmentally disabled assistance bill rights act et seq ed supp iii act although relief statute initially raised en banc appeals determined act created judicially cognizable rights treatment receipt care least restrictive environment right treatment also supported state law essentially affirmed remedial order entered district one significant exception finding legislative history require abandonment large institutional facilities appeals held district erred ordering pennhurst closed rather appeals required resident pennhurst afforded individual hearing special master determine appropriate level institutionalization presumption established living arrangements proper essence concludes bill rights section act merely serves establish guidelines endeavor fulfill real effect except extent secretary health human services chooses use criteria established determining funding act view reading misconceives important purposes congress intended serve section confirmed legislative history intended congress establish requirements participating meet providing care developmentally disabled fact congress spoke generalized terms rather language regulatory minutia make nugatory actions carefully undertaken initial matter agree enacted pursuant congress spending power pursuant power fourteenth amendment accordingly agree act intended place duties independent participation program established act appeals section opinion concerning exercise private cause action determined passed pursuant reasoning since fourteenth amendment included right free obtain judicial relief unjustified intrusions personal security quoting ingraham wright congressional passage indicated desire enforce interest congressional action enforcement clause fourteenth amendment however significant consequences see fitzpatrick bitzer given ramifications lightly assumed congress acted pursuant power passing act conclusive basis determining congress acted pursuant nothing statutory language refers fourteenth amendment section one part bill whose underlying purpose extend modify existing grant program initial program unquestionably passed pursuant congress spending power moreover express terms limitation federal state spending rights articulated also ed supp iii details operation grant program thus objective considerations connected operation suggest congress enacted pursuant spending clause powers course resolution issue determine issue whether intended congress substantive consequences part statute enacted art cl view majority makes far much fact passed pursuant fourteenth amendment conclusion significant ramifications appropriate remedy violations act follow impact effect besides mere encouragement state action created obligations participating rights served programs maintained state cooperation federal government ii language scheme act make plain enough congress intended although couched terms rights serve requirements participating must observe receiving federal funds provisions act congress deadly serious stating developmentally disabled entitlements state must respect participate program hardly doubted federal involvement state provision health care persons developmental disabilities began passage mental retardation facilities construction act pub stat statute provided funds construction health care facilities specifically encouraged development programs developmentally disabled act technically amendment mental retardation facilities construction act passed light congress continued concern quality health care provided developmentally disabled federal support improved care increased central expression concern declares way four congressional findings persons developmental disabilities right appropriate treatment services habilitation treatment designed maximize individual potential provided setting least restrictive person personal liberty state federal governments obligation assure public funds provided institutions programs provide appropriate treatment services habilitation meet minimum standards care six specific respects diet dental care use force chemical restraints rehabilitative programs meet standards designed assure favorable possible outcome patients standards appropriate needs served depending type institution involved clearly words declares developmentally disabled right appropriate treatment services habilitation ensuing parts implement basic declaration section example obligates federal state governments spend public funds programs carry basic requirement specifically meet minimum standards respect certain aspects treatment custody sections phrased less mandatory terms former unmistakably preference treatment least restrictive environment latter establishing standards assuring appropriate care developmentally disabled relation type institution involved sections delineating respects meaning appropriate treatment services habilitation implement basic rights developmentally disabled must afforded purpose programs envisioned act hence neither section ignored secretary carrying duties statute standing bottom therefore treated wishful thinking part congress playing fanciful role implementation act section clearly rights developmentally disabled provided participating state stand isolation provisions act confirm view participating must take account section integral part act cast pattern extending aid conditioned state compliance specified conditions section requires state take advantage act must plan submitted approved secretary section supp iii entitled conditions approval order approved secretary section state plan provision services facilities persons developmental disabilities must filed original form required plan satisfy conditions stated numbered paragraphs specification plan must contain supported assurances satisfactory secretary human rights persons developmental disabilities receiving treatment services habilitation programs assisted chapter protected doubts human rights referred corresponded specified removed amended restate conditions plan must satisfy section supp iii provides plan must contain supported assurances satisfactory secretary human rights persons developmental disabilities especially persons without familial protection receiving treatment services habilitation programs assisted chapter protected consistent section title relating rights developmentally disabled pennsylvania submitted plan plan providing services developmentally disabled pennsylvania plan approved funds allocated state funds necessarily supporting pennsylvania programs providing treatment services habilitation within meaning express terms section pennsylvania required respect rights developmentally disabled state institutions including pennhurst give secretary adequate assurances respect true whether pennhurst directly receives share state allocation also noted supp iii provides funds paid state title used make significant contribution toward strengthening services persons developmental disabilities agencies various political subdivisions state thus funds received act intended result improvement care institutions like pennhurst iii legislative history confirms view congress intended substantive significance initial house representatives senate versions act contained provisions indicating congressional concern character quality care developmentally disabled house bill sess bill rights section akin however provision required spend least respective allotments purpose assisting developing implementing plans designed eliminate inappropriate placement institutions persons developmental disabilities debate house representatives indicated spending restriction designed promote facilities counteract unfortunate practice widespread institutionalization developmentally disabled persons senate version act sess contained separate title ii called bill rights mentally retarded persons developmental disabilities setting forth extensive detail specific standards state programs facilities required meet impetus behind senate bill rights recognition several senators tragic conditions confinement faced many residents large institutions often repeated purpose bill rights foster development facilities well encourage overall better care treatment mentally disabled time realization institutions still significant role play treatment mentally disabled senate version title ii provided two methods comply requirements act first state wishing participate opt follow guidelines established secretary part title ii alternatively state decide meet extensive standards specified parts relating residential community facilities respectively senate bill clear standards encompassed alternative procedures merely hortatory bill provided within one year enactment state desiring funding must provide assurances secretary facility agency established plan achieving compliance later years date enactment period residential facility program community care individuals developmental disabilities shall eligible receive payments either directly indirectly federal law unless residential facility meets standards promulgated parts title demonstrated secretary reasonable period time actively implemented requirements part following senate house passage different bills came conference committee resulting compromise kept house spending restriction conference report noted designed eliminate inappropriate placement institutions persons developmental disabilities conf senate detailed bill rights replaced comparatively brief statement developmentally disabled rights expressed general terms specific mechanism alternative compliance standards omitted conference report set forth following statement purpose conference version senate title ii conference substitute contains compromise enumerates congressional findings respecting rights persons developmental disabilities include findings developmentally disabled right appropriate treatment services habilitation treatment services habilitation designed maximize developmental potential person provided setting least restrictive personal liberty federal government obligation assure public funds provided programs provide appropriate treatment services habilitation meet minimum standards respecting diet medical dental services use restraints visiting hours compliance fire safety codes programs developmentally disabled meet appropriate standards including standards adjusted size institutions rights generally included conference substitute recognition conferees developmentally disabled particularly misfortune require institutionalization right receive appropriate treatment conditions institutionalized right protected assured congress courts conf supra following conference report act passed minimal debate senate version bill rights hundreds pages long constituted attempt define standards conditions state participation precision great detail conference report makes clear detailed version rejected substitute merely advisory section extended statement conditions rather substitute generalized statement entitlements participating state must respect adequately meet congressional concerns without encountering inflexibility legislatively prescribed conditions treatment care basis considering shortened statement intended play qualitatively lesser role scheme act rather compromise best understood rejection either need ability congress specify required standards manner resembling administrative regulations iv previously stated understood require state receiving funds act observe rights established provision none concerns expressed present sufficient reason avoid overcome statutory mandate true terms treatment services habilitation declares entitlement follow participating free ignore already indicated state obligation spend public funds institutional residential facility provide treatment services habilitation appropriate needs persons federal funds used support program program must provide rights appropriate treatment services habilitation observe direction treatment services habilitation furnished least restrictive setting satisfy minimum standards referred follow provisions offers guidance participating state furnishing treatment services habilitation developmentally disabled entitled furthermore approving state plan secretary must assure rights identified adequately protected participating state language express condition lacks touchstone identifying state obligation difficult fathom indeed identifying rights requiring participating state observe seems far stronger indicia congressional intent mere statement conditions argue congress intended obligate obligations large part unknown also unpersuasive section calls appropriate treatment services habilitation already detailed remaining sections spell detail others scope requirement beyond however content reach federal requirements practical matter emerge process preparing state plan securing approval secretary state plan must undertake provide services facilities pursuant standards prescribed secretary become evident state option terminate statutory duties must respected courts event indication record us cost compliance massive district found noninstitutional facilities located communities significantly less expensive operate facilities like pennhurst best cost compliance indeterminate apparently suggested reduced mere statement hope absence express provision requiring secretary cut funds event determines state observing rights set clear secretary may approve plan first place without assured rights protected difficult believe secretary must continue fund program failing live assurances state given secretary also matter substantial moment supp iii expressly conditions approval plan state providing system protect advocate rights persons developmental disabilities system must authority pursue legal administrative appropriate remedies insure protection rights persons section goes provide federal aid establishing systems seems rather plain act contemplates ongoing oversight secretary also enforcement rights persons receiving treatment judicial action otherwise thus determinative significance secretary view noncompliance provide sufficient reason cut funds act recognizes amendments convinced rights must respected secretary original view correct think foreclose judicial remedies sought behalf developmentally disabled persons injured state failure observe rights moreover solicitor general legal representative view act create enforceable rights event permitted disagreed occasion administrative determination secretary see philbrook glodgett carleson remillard townsend swank see also general electric gilbert given view congress intended suggest act particular manner find necessary reach question whether rights enforced federal courts suit brought developmentally disabled action brought directly developmentally disabled act appeals determined factors enunciated cort ash implied private cause action existed act subsequently however held remedy broadly encompasses violations federal statutory well constitutional law maine thiboutot acknowledged parties appropriate consider question light intervening decision thiboutot often found jurisdiction enforce statutory safeguards grant programs suits brought injured recipients see rosado wyman shea vialpando carleson remillard supra essence thiboutot creates presumption federal statute creating federal rights may enforced action sure congress may explicitly direct otherwise governing statute provides exclusive remedy violations terms thiboutot supra powell dissenting see generally chapman houston welfare rights organization protections apply rights secured federal statutes unless clear indication particular statute remedial provisions exclusive various reasons action inconsistent congressional intention white concurring judgment thus preiser rodriguez held provide basis relief since federal habeas corpus proceedings constituted sole remedy challenging fact duration confinement see adickes kress attempting fit within exception pennhurst petitioners suggest congress intended sole remedy violations terms act power secretary disapprove state plan see according petitioners imposition private remedy incompatible overall scheme act especially given amorphous quality asserted rights general matter clear fact federal administrative agency power oversee cooperative venture mean congress intended oversight exclusive remedy enforcing statutory rights reluctant assume congress closed avenue effective judicial review individuals directly affected administration program even agency statutory power cut federal funds noncompliance rosado wyman supra part reluctance founded perception funds cutoff drastic remedy injurious consequences supposed beneficiaries act cf cannon university chicago litigation indication congress intended funds cutoff notes secretary believed within power agency sole remedy correcting violations indeed legislative history act reveal congress intended judicial enforcement see supra conf statutory rights established protected assured congress courts accordingly hold jurisdiction properly invoked cases thiboutot vi vacate judgment appeals remand cases proceedings litigation involve exercise congressional power enforce fourteenth amendment appeals held exercise spending power appropriate remedy might state officials fail observe limits power constitution fail perform ongoing statutory duty imposed federal statute enacted commerce power fourteenth amendment necessarily measure federal authority found state failed perform obligations undertaken pursuant statute enacted spending power state duties latter situation arise unless state chooses receive federal funds furthermore state may terminate statutory obligations except already accrued withdrawing program terminating receipt federal funds settled administrative oversight termination federal funding event state failure perform statutory duties sole remedy spending clause cases peculiarly part duty tribunal less welfare field areas law resolve disputes whether federal funds allocated expended consonance conditions congress attached use rosado wyman supra equally clear however courts cases must take account state privilege withdraw terminate duties federal law although may enjoin enforcement discrete state statutory provision regulation may order state officials prospectively perform duties incident receipt federal funds prospective force injunctions survive state decision terminate participation program furthermore cases identifiable statutory provision whose enforcement prohibited rosado wyman case finding state complying provisions social security act remanded case district afford state opportunity revise program accordance federal requirements construed retain jurisdiction review revised program adopted state state choose submit revamped program determined date issue order restraining use federal monies see lau nichols view appeals adopted rosado approach cases found state noncompliance federal statute major respects proceeded impose remedy approving appointment special master decide pennhurst inmates remain moved facilities properly announced thought necessary comply act permitted appropriate period state decide whether preferred give federal funds go route propose plan achieving compliance event satisfied decree incorporating plan entered plan unsatisfactory use federal funds enjoined event however assumed task managing pennhurst deciding first instance patients remain removed recently recognized parham mode procedure medical diagnostic procedures business judges best child individual medical decision must left judgment physicians case emphasize decision represent independent judgment child requires sources information traditionally relied physicians behavioral specialists consulted cf addington texas commitment depends meaning facts must interpreted expert psychiatrists psychologists enacting congress eschewed creating specific guidelines proper level institutionalization leaving question determine first instance special master inconsistent approach accordingly vacate judgment appeals remand cases proceedings see stat tit et seq purdon appeals also overturned district decision require state find suitable alternative employment pennhurst employees displaced order order issue respondents halderman parc suggest number fourteenth amendment interests allegedly served see san antonio independent school dist rodriguez right receive something education jackson indiana right institutionalized nature duration treatment bears reasonable relation purpose donaldson right nondangerous persons capable living without institutionalization free act passed required state plan contain supported assurances satisfactory secretary human rights persons developmental disabilities protected measure amended make explicit state plan must provide assurances compliance see text infra amendment passed added program train professionals community programs well providing funds support institutions pub stat congress passed second amendment adopting formula grant system essentially similar present system amendment also broadened number potential beneficiaries include persons afflicted various disabilities previously covered pub stat pertinent text provides congress makes following findings respecting rights persons developmental disabilities persons developmental disabilities right appropriate treatment services habilitation disabilities treatment services habilitation person developmental disabilities designed maximize developmental potential person provided setting least restrictive person personal liberty federal government obligation assure public funds provided institutional residential program persons developmental disabilities provide treatment services habilitation appropriate needs persons meet following minimum standards provision nourishing daily diet persons developmental disabilities served program ii provision persons appropriate sufficient medical dental services iii prohibition use physical restraint persons unless absolutely necessary prohibition use restraint punishment substitute habilitation program iv prohibition excessive use chemical restraints persons use restraints punishment substitute habilitation program quantities interfere services treatment habilitation persons permission close relatives persons visit reasonable hours without prior notice vi compliance adequate fire safety standards may promulgated secretary programs persons developmental disabilities meet standards designed assure favorable possible outcome served case residential programs serving persons need comprehensive habilitative rehabilitative services least equivalent standards applicable intermediate care facilities mentally retarded promulgated regulations secretary appropriate taking account size institutions service delivery arrangements facilities programs case residential programs persons developmental disabilities assure care appropriate needs persons served programs assure persons admitted facilities programs persons whose needs met services provided facilities assure facilities programs provided humane care residents facilities sanitary protect rights case nonresidential programs assure care provided programs appropriate persons served programs section amended add following concluding paragraph rights persons developmental disabilities described findings made section addition constitutional rights otherwise afforded persons pub stat nothing curious suggests coming different conclusion applicability pennhurst section requires plan must provide services provided individualized manner consistent requirements relating habilitation plans section requires specific program state including program agency facility project receives funds state allotment effect individualized plans habilitation individual receiving services program section goes specify detail individualized plans shall formulated carried monitored asserts pennhurst receiving federal funds act means take pennhurst received funds state allocation act event think apply pennhurst residents pennhurst part state overall program state presented plan received federal funds support developmentally disabled program throughout state must therefore observe rights developmentally disabled state institutions including pennhurst see cong rec remarks cong rogers percentage requirement assist overcoming misuse facilities caused tendency resort institutionalization ibid remarks cong carter treatment conducted person community without unnecessarily institutionalizing clear house concerned many factors informed senate detailed provision ultimately lead genesis narrow reading house bill convincing extent house bill analogue comments bill necessarily irrelevant question intended effect see cong rec remarks javits shocking conditions willowbrook new york many institutions mentally retarded throughout nation inspired bill rights ended remarks schweiker last years seen dramatic increase public awareness needs institutionalized mentally retarded developmentally disabled persons highlighted scandals many institutions cases efforts communications media remarks williams past years horrifying conditions exist public residential institutions mentally retarded provided shocking testimony inhuman way care persons conditions institutions shown beyond shadow doubt treatment individuals worse sic us like admit example senator javits stated bill rights section integral part legislation establish minimum standards residential community facilities agencies protection rights individuals needing services time encouraging deinstitutionalization normalization conclusion senator javits identified number concerns shared many legislators speaking senate bill progress toward recognition basic human civil rights mentally retarded developmentally disabled persons slow federal government largely abrogated responsibility regard recently greatest initiatives come courts congress reaffirm belief equal rights citizens including developmentally disabled congress provide leadership change tragic warehousing human beings product insensitive federal support facilities providing inhumane care treatment mentally retarded bill rights represents new direction begins reaffirmation see remarks cranston senate bill enunciated basic goal moving away institutionalization individuals developmental disabilities development programs utilizing community resources related treatment habilitation individuals provide comprehensive services home community see remarks schweiker time provide alternatives locking persons institutions remarks cranston encouraging movement programs recognize need residential programs remain bill specifically provides institutional programs appropriate adequate support planned necessary treatment habilitation programs given residential patients develop full potential remarks stafford bill rights assist protection rights guaranteed constitution individuals require institutionalization prior final passage congressman rogers stated revised title ii included brief statement rights developmentally disabled appropriate treatment care constituted modest requirements emphasis added senator javits dramatic announcing purpose title ii creating clear federal policy favor right treatment bill rights explicitly recognizes federal government obligation assure public funds provided institutions residential programs provide adequate treatment see also remarks randolph compromise reorganized title ii senate bill order reflect essential elements necessary continued improvement quality care habilitation developmentally disabled persons residential community facilities remarks williams compromise establishes first time federal law basic statement rights developmentally disabled act assure funds act used assist deinstitutionalization process act also required secretary review evaluate quality standards various statutes report congress proposed changes see pub stat secretary recommendations presented house took steps enact law demonstrating legislative unwillingness adopt detailed uniform standards see developmental disabilities act amendments hearings house committee interstate foreign commerce congress determine however amend expressly require state provide assurance secretary plan comply see supp iii none cases cited suggest much less hold congress required condition grant funds exactitude harris mcrae held evidence statute legislative history congress intended assume full costs funding abortions federal funds withheld hyde amendment explicit recognition statute legislative history congress intended provide developmentally disabled adequate treatment least restrictive environment consistent medical needs cases cited involved situations held congress must indicate intended waived fundamental constitutional rights merely participating federal program see edelman jordan eleventh amendment sovereign immunity employees department public health eleventh amendment concerns implicated cases citation edelman employees thus unpersuasive secretary recently announced department view rights enunciated must addressed participating state plans result amendments explanation proposed rulemaking provided follows authority included act allow department withhold funds basis failure meet findings amendments however added requirement basic state grant program state assure secretary rights developmentally disabled people protected consistent department decided require programs authorized act except protection advocacy systems comply act protection advocacy systems exempted extension rights provisions systems provide services treatment habilitation department believes applying policy programs within intent congress recipients funds act assure state commissioner provide services comply requirements failure comply assurance may result loss federal funds fed reg