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98 STAT. 2657

agency, or congressional official or Member of Congress and may enter into an agreement for such assignment, if the affected officer or employee agrees to such assignment and such assignment causes no prejudice to the salary, benefits, status, or advancement within the department, agency, or congressional staff of such officer or employee. (2) The Secretary of State, the Secretary of Defense, the Director of the Arms Control and Disarmament Agency, and the Director of Central Intelligence each may assign officers and employees of his respective department or agency, on a rotating basis to be determined by the Board, to the Institute if the affected officer or employee agrees to such assignment and such assignment causes no prejudice to the salary, benefits, status, or advancement within the respective department or agency of such officer or employee. (e) No officer or full-time employee of the Institute may receive any salary or other compensation for services from any source other than the Institute during the officer's or employee's period of employment by the Institute, except as authorized by the Board. (fKD Officers and employees of the Institute shall not be considered officers and employees of the Federal Government except for purposes of the provisions of title 28, United States Code, which relate to Federal tort claims liability, and the provisions of title 5, United States Code, which relate to compensation and benefits, including the following provisions: chapter 51 (relating to classification); subchapters I and III of chapter 53 (relating to pay rates); subchapter I of chapter 81 (relating to compensation for work injuries); chapter 83 (relating to civil service retirement); chapter 87 (relating to life insurance); and chapter 89 (relating to health insurance). The Institute shall make contributions at the same rates applicable to agencies of the Federal Government under the provisions of title 5 referred to in this section. (2) No Federal funds shall be used to pay for private fringe benefit programs. The Institute shall not make long-term commitments to employees that are inconsistent with rules and regulations applicable to Federal employees. (g) No part of the financial resources, income, or assets of the Institute or of any legal entity created by the Institute sheill inure to any agent, employee, officer, or director or be distributable to any such person during the life of the corporation or upon dissolution or final liquidation. Nothing in this section may be construed to prevent the payment of reasonable compensation for services or expenses to the directors, officers, employees, and agents of the Institute in amounts approved in accordance with the provisions of this title. (h) The Institute shall not make loans to its directors, officers, employees, or agents, or to any legal entity created by the Institute. A director, officer, employee, or agent who votes for or assents to the making of a loan or who participates in the making of a loan shall be jointly and severally liable to the Institute for the amount of the loan until repayment thereof.

28 USC 2671 et ««9-

5 USC 5101 et seq., 5301, 5331, 8901 e/si^^*^^' Prohibitions,

PROCEDURES AND RECORDS

SEC. 1708. (a) The Institute shall monitor and evaluate and provide for independent evaluation if necessary of programs supported in whole or in part under this title to ensure that the provisions of this title and the bylaws, rules, regulations, and guidelines promulgated pursuant to this title are adhered to.

22 USC 4607.

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 98 STAT. 2658

Records. Report.

Records.

Audit.

Report.

PUBLIC LAW 98-525—OCT. 19, 1984

(b) The Institute shall prescribe procedures to ensure that grants, contracts, and financial support under this title are not suspended unless the grantee, contractor, or person or entity receiving financial support has been given reasonable notice and opportunity to show cause why the action should not be taken. (c) In selecting persons to participate in Institute activities, the Institute may consider a person's practical experience or equivalency in peace study and activity as well as other formal requirements. (d) The Institute shall keep correct and complete books and records of account, including separate and distinct accounts of receipts and disbursements of Federal funds. The Institute's annual financial report shall identify the use of such funding and shall present a clear description of the full financial situation of the Institute. (e) The Institute shall keep minutes of the proceedings of its Board and of any committees having authority under the Board. (f) The Institute shall keep a record of the names and addresses of its Board members; copies of this title, of any other Acts relating to the Institute, and of all Institute bylaws, rules, regulations, and guidelines; required minutes of proceedings; a record of all applications and proposals and issued or received contracts and grants; and financial records of the Institute. All items required by this subsection may be inspected by any Board member or the member's agent or attorney for any proper purpose at any reasonable time. (g) The accounts of the Institute shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States on or before December 31, 1970. The audit shall be conducted at the place or places where the accounts of the Institute are normally kept. All books, accounts, financial records, files, and other papers, things, and property belonging to or in use by the Institute and necessary to facilitate the audit shall be made available to the person or persons conducting the audit, and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons. (h) The Institute shall provide a report of the audit to the President and to each House of Congress no later than six months following the close of the fiscal year for which the audit is made. The report shall set forth the scope of the audit and include such statements, together with the independent auditor's opinion of those statements, as are necessary to present fairly the Institute's assets and liabilities, surplus or deficit, with reasonable detail, including a statement of the Institute's income and expenses during the year, including a schedule of all contracts and grants requiring payments in excess of $5,000 and any payments of compensation, salaries, or fees at a rate in excess of $5,000 per year. The report shall be produced in sufficient copies for the public. (i) The Institute and its directors, officers, employees, and agents shall be subject to the provisions of section 552 of title 5, United States Code (relating to freedom of information).

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 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2659

INDEPENDENCE AND LIMITATIONS

SEC. 1709. (a) Nothing in this title may be construed as limiting the authority of the Office of Management and Budget to review and submit comments on the Institute's budget request at the time it is transmitted to the Congress. (b) No political test or political qualification may be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, employee, agent, or recipient of Institute funds or services or in selecting or monitoring any grantee, contractor, person, or entity receiving financial assistance under this title.

22 USC 4608.

FUNDING

SEC. 1710. (a) For the purpose of carrying out this title (except for 22 USC 4609. paragraph (9) of section 1705(b)), there are authorized to be appropriated $6,000,000 for the fiscal year 1985 and $10,000,000 for the fiscal year 1986. Moneys appropriated for the fiscal year 1985 shall remain available to the Institute through the fiscal year 1986. (b) The Board of Directors may transfer to the legal entity authorized to be established under section 1704(c) any funds not obligated or expended from appropriations to the Institute for a fiscal year, and such funds shall remain available for obligation or expenditure for the purposes of such legal entity without regard to fiscal year limitations. Any use by such legal entity of appropriated funds shall Report. be reported to each House of the Congress and to the President of the United States. (c) Any authority provided by this title to enter into contracts contracts. shall be effective for a fiscal year only to such extent or in such amounts as are provided in appropriation Acts. DISSOLUTION OR UQUIDATION

SEC. 1711. Upon dissolution or final liquidation of the Institute or of any legal entity created pursuant to this title, all income and assets of the Institute or other legal entity shall revert to the United States Treasury.

22 USC 4610.

REPORTING REQUIREMENT AND REQUIREMENT TO HOLD HEARINGS

SEC. 1712. Beginning two years after the date of enactment of this 22 USC 46ii. title, and at intervals of two years thereafter, the Chairman of the Board shall prepare and transmit to the Congress and the President a report detailing the progress the Institute has made in carrying out the purposes of this title during the preceding two-year period. The President shall prepare and transmit to the Congress within a President of U.S. reasonable time after the receipt of such report the written comments and recommendations of the appropriate agencies of the United States with respect to the contents of such report and their recommendations with respect to any legislation which may be required concerning the Institute. After receipt of such report by the Congress. Congress, the Committee on Foreign Affairs and the Committee on

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 98 STAT. 2660

PUBLIC LAW 98-525—OCT. 19, 1984

Education and Labor of the House of Representatives and the Committee on Foreign Relations and the Committee on Labor and Human Resources of the Senate shall hold hearings to review the findings and recommendations of such report and the written comments received from the President. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.R. 5167 (S. 2723): HOUSE REPORTS: No. 98-691 (Comm. on Armed Services) and No. 98-1080 (Comm. of C!onference). SENATE REPORT No. 98-500 accompanying S. 2723 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 130 (1984): May 15-17, 23, 24, 30, 31, considered and passed House. June 7, 8, 11-15, 18-20, S. 2723 considered in Senate; H.R. 5167, amended, passed in lieu. Sept. 26, House agreed to conference report. Sept. 27, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 20, No. 42 (1984): Oct. 19, Presidential statement.

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 PUBLIC LAW 98-526—OCT. 19, 1984

98 STAT. 2661

Public Law 98-526 98th Congress An Act To direct the Secretary of Agriculture to convey certain National Forest System lands to Craig County, Virginia.

Oct. 19, 1984 [H.R. 5183]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Secre- Real property. tary of Agriculture shall, upon receipt by the Secretary of an amount equal to the fair market value of the real property described in subsection (b), convey by quitclaim deed to Craig County, Virginia, all right, title, and interest of the United States in such described real property. (b) The National Forest System land referred to in subsection (a) is located in Craig County, Virginia, and is described as: Tract J-26A, containing 52.00 acres, acquired from G. W. Layman and F. H. Dame by deed dated February 17, 1936, recorded in Book 2, page 35, Craig County, Virginia, the recordation date being March 9, 1936. Approved October 19, 1984.

LEGISLATIVE HISTORY—H.R. 5183: HOUSE REPORT No. 98-860 (Comm. on Agriculture). SENATE REPORT No. 98-630 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 130 (1984): June 25, considered and passed House. Oct. 4, considered and passed Senate.

31-194 0 - 86 - 10: QL.3 Part3

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 98 STAT. 2662

PUBLIC LAW 98-527—OCT. 19, 1984

Public Law 98-527 98th Congress An Act Oct. 19, 1984 [H.R. 5603] Developmental Disabilities Act of 1984. 42 USC 6000 note. Developmental Disabilities Assistance and Bill of Rights Act.

To revise and extend programs for persons with developmental disabilities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Developmental Disabilities Act of 1984". SEC. 2. Title I of the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 is amended to read as follows: "TITLE I—PROGRAMS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES "PART A—GENERAL PROVISIONS "SHORT TITLE

42 USC 6000 note.

"SEC. 100. This title may be cited as the 'Developmental Disabilities Assistance and Bill of Rights Act'. "FINDINGS AND PURPOSES

42 USC 6000.

"SEC. 101. (a) The Congress finds that— "(1) there are more than two million persons with developmental disabilities in the United States; "(2) individuals with disabilities occurring during their developmental period Eire more vulnerable and less able to reach an independent level of existence than other handicapped individuals who generally have had a normal developmental period on which to draw during the rehabilitation process; "(3) persons with developmental disabilities often require specialized lifelong services to be provided by many agencies in a coordinated manner in order to meet the persons needs; "(4) generic service agencies and agencies providing specialized services to disabled persons tend to overlook or exclude persons with developmental disabilities in their planning and delivery of services; and "(5) it is in the national interest to strengthen specific programs, especially programs that reduce or eliminate the need for institutional care, to meet the needs of persons with developmental disabilities. "(b)(1) It is the overall purpose of this title to assist States to (A) assure that persons with developmental disabilities receive the care, treatment, and other services necessary to enable them to achieve their maximum potential through increased independence, productivity, and integration into the community, and (B) establish and operate a system which coordinates, monitors, plans, and evaluates services which ensures the protection of the legal and human rights of persons with developmental disabilities. (2) The specific purposes of this title are—

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98 STAT. 2663

"(A) to assist in the provision of comprehensive services to persons with developmental disabilities, with priority to those persons whose needs are not otherwise met under the Rehabilitation Act of 1973 or other health, education, or welfare programs; "(B) to assist States in appropriate planning activities; "(C) to make grants to States and public and private, nonprofit ^encies to establish model programs, to demonstrate innovative habilitation techniques, and to train professional and paraprofessional personnel with respect to providing services to persons with developmental disabilities; "(D) to make grants to university affiliated facilities to assist them in administering and operating demonstration facilities for the provision of services to persons with developmental disabilities and interdisciplinary training programs for personnel needed to provide specialized services for these persons; and "(E) to make grants to support a system in each State to protect the legal and human rights of all persons with developmental disabilities.

29 USC 701 note. Grants.

Grants.

Grants.

"DEFINITIONS

"SEC. 102. For purposes of this title: 42 USC 600i. "(1) The term 'State' includes Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the District of Columbia. "(2) The term 'facility for persons with developmental disabilities' means a facility, or a specified portion of a facility, designed primarily for the delivery of one or more services to persons with one or more developmental disabilities. "(3) The terms 'nonprofit facility for persons with developmental disabilities' and 'nonprofit private institution of higher learning' mean, respectively, a facility for persons with developmental disabilities and an institution of higher learning which are owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. The term 'nonprofit private agency or organization' means an agency or organization which is such a corporation or association or which is owned and operated by one or more of such corporations or associations. "(4) The term 'construction' includes construction of new buildings, acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings (including medical, transportation, and recreation facilities); including architect's fees, but excluding the cost of offsite improvements and the cost of the acquisition of land. "(5) The term 'cost of construction' means the amount found by the Secretary to be necessary for the construction of a project. "(6) The term 'title', when used with reference to a site for a project, means a fee simple, or such other estate or interest (including a leasehold on which the rental does not exceed 4 per centum of the value of the land) as the Secretary finds sufficient to assure for a period of not less than fifty years undisturbed use and possession for the purposes of construction and operation of the project.

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 98 STAT. 2664

PUBLIC LAW 98-527—OCT. 19, 1984 "(7) The term 'developmental disability' means a severe, chronic disability of a person which— "(A) is attributable to a mental or physical impairment or combination of mental and physical impairments; "(B) is manifested before the person attains age twentytwo; "(C) is likely to continue indefinitely; "(D) results in substantial functional limitations in three or more of the following areas of major life activity: (i) selfcare, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic self-sufficiency; and "(E) reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated. "(8) The term 'independence' means the extent to which persons with developmental disabilities exert control and choice over their own lives. "(9) The term 'productivity' means— "(A) engagement in income-producing work by a person with developmental disabilities which is measured through improvements in income level, employment status, or job advancement, or "(B) engagement by a person with developmental disabilities in work which contributes to a household or community. "(10) The term 'integration' means— "(A)the— "(i) use by persons with developmental disabilities of the same community resources that are used by and available to other citizens, and "(ii) participation by persons with developmental disabilities in the same community activities in which nonhandicapped citizens participate, together with regular contact with nonhandicapped citizens, and "(B) the residence by persons with developmental disabilities in homes or in home-like settings which are in proximity to community resources, together with regular contact with nonhandicapped citizens in their communities. "(11)(A) The term 'services for persons with developmental disabilities' means— "(i) priority services; and "(ii) any other specialized services or special adaptations of generic services for persons with developmental disabilities, including diagnosis, evaluation, treatment, personal care, day care, domiciliary care, special living arrangements, training, education, sheltered employment, recreation and socialization, counseling of the person with such disability and the family of such person, protective and other social and sociolegal services, information and referral services, follow-along services, nonvocational social-developmental services, transportation services necessary to assure delivery of services to persons with developmental disabilities, and services to promote and coordinate activities to prevent developmental disabilities.

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 PUBLIC LAW 98-527—OCT. 19, 1984

98 STAT. 2665

"(B) The term 'service activities' includes, with respect to a priority service or a service described in subparagraph (A)(ii)— (i) the provision of specialized services in the area which respond to unmet needs of persons with developmental disabilities; "(ii) model service programs in the area; "(iii) activities to increase the capacity of agencies to provide services in the area; "(iv) the coordination of the provision of services in the area with the provision of other services; "(v) outreach to individuals for the provision of services in the area; "(vi) the training of personnel, including parents of persons with developmental disabilities, professionals, and volunteers, to provide services in the area; and "(vii) similar activities designed to expand the use and availability of services in the area. "(C) The term 'priority services' means alternative community living arrangement services, employment related activities, child development services, and case management services. "(D) The term 'alternative community living arrangement services' means such services as will assist persons with developmental disabilities in developing or maintaining suitable residential arrangements in the community, including in-house services (such as personsil aides and attendants and other domestic assistance and supportive services), family support services, foster care services, group living services, respite care, recreation and socialization services, and staff training, placement, and maintenance services. "(E) The term 'employment related activities' means such services as will increase the independence, productivity, or integration of a person with developmental disabilities in work settings, including such services as employment preparation and vocational training leading to supported employment, incentive programs for employers who hire persons with developmental disabilities, services to assist transition from special education to employment, and services to assist transition from sheltered work settings to supported emplo3ment settings or competitive employment. "(F) The term 'supported employment' means paid employment which— "(i) is for persons with developmental disabilities for whom competitive employment at or above the minimum wage is unlikely and who, because of their disabilities, need intensive ongoing support to perform in a work setting; "(ii) is conducted in a variety of settings, particularly worksites in which persons without disabilities are emploved; and ' (iii) is supported by any activity needed to sustain pgdd work by persons with disabilities, including supervision, training, and transportation. "(G) The term 'child development services' means such services as will assist in the prevention, identification, and alleviation of developmental disabilities in children, including early intervention services, counseling and training of parents, early identification of developmental disabilities, and diagnosis and evaluation of such developmental disabilities.

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 98 STAT. 2666

PUBLIC LAW 98-527—OCT. 19, 1984 "(H) The term 'case management services' means such services to persons with developmental disabilities as will assist them in gaining access to needed social, medical, educational, and other services. Such term includes— "(i) follow-along services which ensure, through a continuing relationship, lifelong if necessary, between an agency or provider and a person with a developmental disability and the person's immediate relatives or guardians, that the changing needs of the person and the family are recognized and appropriately met; and "(ii) coordination services which provide to persons with developmental disabilities support, access to (and coordination of) other services, information on programs and services, and monitoring of the persons' progress. "(12) The term 'satellite center' means a public or private nonprofit entity which— "(A)(i) is affiliated with one or more university affiliated facilities; "(ii) functions as a community or regional extension of such university affiliated facility or facilities in the delivery of services to persons with developmental disabilities, and their families, who reside in geographical areas where adequate services are not otherwise available; and "(iii) may engage in the activities described in subparagraph (A), (B), or (C) of paragraph (13); or "(B) is affiliated with one or more university affiliated facilities and which provides for at least— "(i) interdisciplinary training for personnel concerned with the provision of direct or indirect services to persons with developmental disabilities; and "(ii) dissemination of findings relating to the provision of services to persons with developmentfd disabilities. "(13) The term 'university affiliated facility* means a public or nonprofit facility which is associated with, or is an integral part of, a college or university and which provides for at least the following activities: "(A) Interdisciplinary training for personnel concerned with developmental disabilities which is conducted at the facility and through outreach activities. "(B) Demonstration of— "(i) exemplary services relating to persons with developmental disabilities in settings which are integrated in the community; and "(ii) technical assistance to generic and specialized agencies to provide services to increase the independence, productivity, and integration into the community of persons with developmental disabilities, such as the development and improvement of quality assurance mechanisms. "(C)(i) Dissemination of findings relating to the provision of services under subparagraph (B) of this paragraph, and (ii) providing researchers and government agencies sponsoring service-related research with information on the needs for further service-related research which would provide data and information that will assist in increasing the

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 PUBLIC LAW 98-527—OCT. 19, 1984

98 STAT. 2667

independence, productivity, and integration into the community of persons with developmental disabilities. "(14) The term 'Secretary' means the Secretary of Health and Human Services. "(15) The term 'State Planning Council' means a State Planning Council established under section 124.

Post, p. 2675.

"FEDERAL SHARE

"SEC. 103. (a) The Federal share of all projects in a State supported by an allotment to the State under part B may not exceed 75 percent of the aggregate necessary costs of all such projects, as determined by the Secretary, except that in the case of projects located in urban or rural poverty areas, the Federal share of all such projects may not exceed 90 percent of the aggregate necessary costs of such projects, as determined by the Secretary. "(b) The Federal share of any project to be provided through grants under part D may not exceed 75 percent of the necessary cost of such project, as determined by the Secretary, except that if the project is located in an urban or rural poverty area, the Federal share may not exceed 90 percent of the project s necessary costs as so determined. "(c) The non-Federal share of the cost of any project assisted by a grant or allotment under this title may be provided in kind. "(d) For the purpose of determining the Federal share with respect to any project, expenditures on that project by a political subdivision of a State or by a nonprofit private entity shall, subject to such limitations and conditions as the Secretary may by regulation prescribe, be deemed to be expenditures by such State in the case of a project under part B or by a university affiliated facility or a satellite center, as the case may be, in the case of a project assisted under part D.

Prohibition. 42 USC 6002. Post, p. 2670.

Prohibition. Post, p. 2681.

"RECORDS AND AUDIT

"SEC. 104. (a) Each recipient of assistance under this title shall 42 USC 6003. keep such records as the Secretary shall prescribe, including (1) records which fully disclose (A) the amount and disposition by such recipient of the proceeds of such assistance, (B) the total cost of the project or undertaking in connection with which such assistance is given or used, and (C) the amount of that portion of the cost of the project or undertaking supplied by other sources, and (2) such other records as will facilitate an effective audit. "(b) The Secretary and the Comptroller General of the United Stat^, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients of assistance under this title that are pertinent to such assistance. "RECOVERY

"SEC. 105. If any facility with respect to which funds have been 42 USC 6004. paid under part B or D shall, at any time within twenty years after the completion of construction— "(1) be sold or transferred to any person, agency, or organization which is not a public or nonprofit private entity, or "(2) cease to be a public or other nonprofit facility for persons with developmental disabilities.

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 98 STAT. 2668

PUBLIC LAW 98-527—OCT. 19, 1984

the United States shall be entitled to recover from either the transferor or the transferee (or, in the case of a facility which has ceased to be a public or other nonprofit facility for persons with developmental disabilities, from the owners thereof) an amount bearing the same ratio to the then value (as determined by the agreement of the parties or by action brought in the district court of the United States for the district in which the facility is situated) of so much of such facility as constituted an approved project or projects, as the amount of the Federal participation bore to the cost of the construction of such project or projects. Such right of recovery shall not constitute a lien upon such facility prior to judgment. The Secretary, in accordance with regulations prescribed by the Secretary, may, upon finding good cause therefor, release the applicant or other owner from the obligation to continue such facility as a public or other nonprofit facility for persons with developmental disabilities. "STATE CONTROL OF OPERATIONS

42 USC 6005.

"SEC. 106. Except as otherwise specifically provided, nothing in this title shall be construed as conferring on any Federal officer or employee the right to exercise any supervision or control over the administration, personnel, medntenance, or operation of any facility for persons with developmental disabilities with respect to which any funds have been or may be expended under this title. "REPORTS

42 USC 6006.

"SEC. 107. (a) By January 1 of each year, the State Planning Council of each State shall prepare and transmit to the Secretary a report concerning activities carried out during the preceding fiscal Post, p. 2670. year with funds paid to the State under part B for such fiscal year. Each such report shall be in a form prescribed by the Secretary by regulation and shall contain— "(1) a description of such activities and the accomplishments resulting from such activities; "(2) a comparison of such accomplishments with the goals, objectives, and proposed activities specified by the State in the Post. p. 2670. State plan submitted under section 122 for such fiscal year; and "(3) an accounting of the manner in which funds paid to a State under part B for a fiscal year were expended. "(b) By January 1 of each year, each protection and advocacy Post, p. 2679. system established in a State pursuant to part C shall prepare and transmit to the Secretary a report which describes the activities, accomplishments, and expenditures of the system during the preceding fiscal year. (c)(l) By April 1 of each year the Secretary shall prepare and transmit to the President, the Congress, and the National Council on the Handicapped a report which describes— "(A) the activities and accomplishments of programs suppose, pp. 2670, ported under parts B, C, D, and E of this title; and 2679, 2681, 2683. "(B) the progress made in States in improving the independence, productivity, and integration into the community of persons with developmental disabilities and any activities or services needed to improve such independence, productivity, and integration. "(2) In preparing the report required by this subsection, the Secretary shall use and include information submitted to the Secre-

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 PUBLIC LAW 98-527—OCT. 19, 1984

98 STAT. 2669

tary in the reports required under subsections (a) and (b) of this section. "RESPONSIBILITIES OF THE SECRETARY

"SEC. 108. (a) The Secretary, not later than one hundred eighty days after the date of enactment of any Act amending the provisions of this title, shall promulgate such regulations as may be required for the implementation of such amendments. "(b) Within ninety days after the date of enactment of the Developmental Disabilities Act of 1984, the Secretary of Health and Human Services and the Secretary of Education shall establish an interagency committee composed of representatives of the Administration for Developmental Disabilities of the Department of Health and Human Services, the Office of Special Education and Rehabilitative Services of the Department of Education, the Department of Labor, and such other Federal departments and agencies as the Secretary of Health and Human Services and the Secretary of Education consider appropriate. Such interagency committee shall meet regularly to coordinate and plan activities conducted by Federal departments and agencies for persons with developmental disabilities.

Regulations. 42 USC 6007.

Interagency committee, establishment.

"EMPLOYMENT OF HANDICAPPED INDIVIDUALS

"SEC. 109. As a condition of providing assistance under this title, 42 USC 6008. the Secretary shall require that each recipient of such assistance take affirmative action to employ and advance in employment qualified handicapped individuals on the same terms and conditions required with respect to the employment of such individuals by the provisions of the Rehabilitation Act of 1973 which govern employ- 29 USC 70i note. ment (1) by State rehabilitation agencies and rehabilitation facilities, and (2) under Federal contracts and subcontracts. "RIGHTS OF THE DEVELOPMENTALLY DISABLED

"SEC. 110. Congress makes the following findings respecting the 42 USC 6009. rights of persons with developmental disabilities: "(1) Persons with developmental disabilities have a right to appropriate treatment, services, and habilitation for such disabilities. "(2) The treatment, services, and habilitation for a person with developmental disabilities should be designed to maximize the developmental potential of the person and should be provided in the setting that is least restrictive of the person's personal liberty. "(3) The Federal Government and the States both have an obligation to assure that public funds are not provided to any institutional or other residential program for persons with developmental disabilities that— "(A) does not provide treatment, services, and habilitation which is appropriate to the needs of such persons; or "(B) does not meet the following minimum standards: "(i) Provision of a nourishing, well-balanced daily diet to the persons with developmental disabilities being served by the program. "(ii) Provision to such persons of appropriate and sufficient medical and dental services.

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 98 STAT. 2670

Housing.

45CFR234, 248-250. Housing.

PUBLIC LAW 98-527—OCT. 19, 1984

"(iii) Prohibition of the use of physical restraint on such persons unless absolutely necessary and prohibition of the use of such restraint as a punishment or as a substitute for a habilitation progrgim. "(iv) Prohibition on the excessive use of chemical restraints on such persons and the use of such restraints as punishment or as a substitute for a habilitation program or in quantities that interfere with services, treatment, or habilitation for such persons. "(v) Permission for close relatives of such persons to visit them at reasonable hours without prior notice, "(vi) Compliance with adequate fire and safety standards as may be promulgated by the Secretary. "(4) All programs for persons with developmental disabilities should meet standards which are designed to assure the most favorable possible outcome for those served, and— "(A) in the case of residential programs serving persons in need of comprehensive health-related, habilitative, or rehabilitative services, which are at least equivalent to those standards applicable to intermediate care facilities for the mentally retarded promulgated in regulations of the Secretary on January 17, 1974 (39 Fed. Reg. pt. II), as appropriate when taking into account the size of the institutions and the service delivery arrangements of the facilities of the programs; "(B) in the case of other residential programs for persons with developmental disabilities, which assure that care is appropriate to the needs of the persons being served by such programs, assure that the persons admitted to facilities of such programs are persons whose needs can be met through services provided by such facilities, and assure that the facilities under such programs provide for the humane care of the residents of the facilities, are sanitary, and protect their rights; and "(C) in the ceise of nonresidential programs, which assure the care provided by such programs is appropriate to the persons served by the programs. The rights of persons with developmental disabilities described in findings made in this section are in addition to any constitutional or other rights otherwise afforded to all persons. "PART B—FEDERAL ASSISTANCE FOR PLANNING AND SERVICE ACTIYITIES FOR PERSONS WITH DEVELOPMENTAL DISABIUTIES "PURPOSE

42 USC 6021.

"SEC. 121. The purpose of this part is to provide payments to States to plan for, and to conduct, activities which will increase and support the independence, productivity, and integration into the community of persons with developmental disabilities. "STATE PLANS

42 USC 6022.

"SEC. 122. (a) Any State desiring to take advantage of this part must have a State plan submitted to and approved by the Secretary under this section.

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"(b) In order to be approved by the Secretary under this section, a State plan for the provision of services for persons with developmental disabilities must meet the following requirements: "(I)(A) The plan must provide for the establishment of a State Planning Council, in accordance with section 124, for the assign- Post, p. 2675. ment to the Council of personnel in such numbers and with such qualifications as the Secretary determines to be adequate to enable the Council to carry out its duties under this title, and for the identification of the personnel so assigned. "(B) The plan must designate the State agency or agencies which shall administer or supervise the administration of the State plan and, if there is more than one such agency, the portion of such plan which each will administer (or the portion the administration of which each will supervise). "(C) The plan must provide that each State agency designated under subparagraph (B) will keep such records and afford such access thereto as the Secretary or the State Planning Council finds necessary. "(D) The plan must provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the State under this part. "(2) The plan must— "(A) set out the specific objectives to be achieved under the plan and a listing of the programs and resources to be used to meet such objectives; "(B) set forth the non-Federal share that will be required in carrying out each such objective and program; "(C) describe (and provide for the review annually and revision of the description not less often than once every three years)(i) the extent and scope of services being provided, or to be provided, to persons with developmental disabilities under such other State plans for federally assisted State programs as the State conducts relating to education for the handicapped, vocational rehabilitation, public assistance, medical assistance, social services, maternal and child health, crippled children's services, and comprehensive health and mental health, and under such other plans as the Secretary may specify, and (ii) how funds allotted to the State in accordance with section 125 Post, p. 2676. will be used to complement and augment rather than duplicate or replace services for persons with developmental disabilities who are eligible for Federal assistance under such other State programs; "(D) for each fiscal year, assess and describe the extent and scope of the priority services being or to be provided under the plan in the fiscal year; and "(E) establish a method for the periodic evaluation of the plan's effectiveness in meeting the objectives described in subparagraph (A). "(3) The plan must contain or be supported by assurances satisfactory to the Secretary that— "(A) the funds paid to the State under section 125 will be used to make a significant contribution toward strengthening services for persons with developmental disabilities through agencies in the various political subdivisions of the State; "(B) part of such funds will be made available by the State to public or nonprofit private entities;

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 98 STAT. 2672

Post, p. 2676.

Post, p. 2679.

Ante, p. 2663. Regulations.

20 USC 1418. Funds.

PUBLIC LAW 98-527—OCT. 19, 1984

"(C) not more than 25 percent of such funds will be allocated to the agency or agencies designated under section 122(b)(l)(B) for the provision of services by such agency or agencies; "(D) such funds paid to the State under section 125 will be used to supplement and to increase the level of funds that would otherwise be made available for the purposes for which Federal funds are provided and not to supplant such non-Federal funds; and "(E) there will be reasonable State financial participation in the cost of carrying out the State plan. "(4)(A) The plan must provide for the examination not less often than once every three years of the provision, and the need for the provision, in the State of the four priority services. "(B) The plan must provide for the development, not later than the second year in which funds are provided under the plan after the date of the enactment of the Developmental Disabilities Act of 1984, and the timely review and revision of, a comprehensive statewide plan to plan, financially support, coordinate, and otherwise better address, on a statewide and comprehensive basis, unmet needs in the State for the provision of services for persons with developmental disabilities as follows: (i)(1) Except as provided in subclause (11), the plsm shall provide for the provision of at least one but not more than two priority services. "(II) In fiscal year 1987, the plan may provide for the provision of three priority services, "(ii) For any fiscal year after fiscal year 1986 for which the total appropriations under section 130 are at least $50,250,000, the plan shall provide for the provision of employment related activities among the priority services to be provided under the plan. "(iii) At the option of the State, the plan may provide for the provision of one or more additional services for persons with developmental disabilities from the services described in section 102(llXAXii). "(C) Notwithstanding the requirements of subparagraph (B), upon the application of a State, the Secretary, pursuant to regulations which the Secretary shall prescribe, may permit the portion of the funds which must otherwise be expended under the State plan for service activities in a limited number of services to be expended for service activities in additional services if the Secretary determines that the expenditures of the State on service activities in the initigilly specified services has reasonably met the need for those services in the State in comparison to the extent to which the need for such additional services has been met in such State. Such additional areas shall, to the maximum extent feasible, be areas within the priority services. "(D) The plan must be developed after consideration of the data collected by the State education agency under section 618(b)(3) of the Education of the Handicapped Act. "(E)(i) The plan must provide that not less than 65 percent of the amount available to the State under section 125 will be expended for service activities in the priority services. "(ii) The plan must provide that the remainder of the amount available to the State from allotments under section 125 (after making the expenditures required by clause (i) of this paragraph) shall be used for service activities for persons with developmental

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disabilities, and the planning, coordination, and administration of, and the advocacy for, the provision of such services. "(F) The plan must provide that special financial and technical Rural areas. assistance shall be given to agencies or entities providing services Urban areas. for persons with developmental disabilities who are residents of geographical areas designated as urban or rural poverty areas. "(5)(A)(i) The plan must provide that services furnished, and the facilities in which they are furnished, under the plan for persons with developmental disabilities will be in accordance with standards prescribed by the Secretary in regulations. "(ii) The plan must provide satisfactory assurances that buildings used in connection with the delivery of services Eissisted under the plan will meet standards adopted pursuant to the Act of August 12, 1968 (known as the Architectural Barriers Act of 1968). 42 USC 4152 "(B) The plan must provide that services are provided in an note. individualized manner consistent with the requirements of section Post, p. 2674. 123 (relating to habilitation plans). "(C) The plan must contain or be supported by assurances satisfactory to the Secretary that the human rights of all persons with developmental disabilities (especially those persons without familial protection) who are receiving treatment, services, or habilitation under programs assisted under this part will be protected consistent with section 110 (relating to rights of the developmentally disabled). Ante, p. 2669. "(D) The plan must provide assurances that the State has under- Minorities. taken affirmative steps to assure the participation in programs under this title of individuals generally representative of the population of the State, with particular attention to the participation of members of minority groups. "(E) The plan must provide assurances that the State will provide Report. the State Planning Council with a copy of each annual survey report and plan of corrections for cited deficiencies prepared pursuant to section 1902(a)(31XB) of the Social Security Act with respect to any 42 USC 1396a. intermediate care facility for the mentadly retarded in such Static within 30 days after the completion of each such report or plan. "(6)(A) The plan must provide for the maximum utilization of all Volunteer available community resources including volunteers serving under services. the Domestic Volunteer Service Act of 1973 and other appropriate 42 USC 4951 voluntary organizations, except that such volunteer services shall note. supplement, and shall not be in lieu of, services of paid employees. "(B) The plan must provide for fair and equitable arrangements (as determined by the Secretary after consultation with the Secretary of Labor) to protect the interests of employees affected by actions under the plan to provide alternative community living arrangement services, including arrangements designed to preserve employee rights and benefits and to provide training and retraining of such employees where necessary and arrangements under which maximum efforts will be made to guarantee the employment of such employees. assurances as the Secretary may find necessary to carry out the provisions and purposes of this part. "(c) The Secretary shall approve any State plan and any modification thereof which complies with the provisions of subsection (b). The Secretary shall not finally disapprove a State plan except after reasonable notice and opportunity for a hearing to the State. "(d)(1) At the request of any State, a portion of any allotment or allotments of such State under this part for any fiscal year shall be
 * (7) The plan also must contain such additional information and

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 98 STAT. 2674

PUBLIC LAW 98-527—OCT. 19, 1984

available to pay one-half (or such smaller share as the State may request) of the expenditures found necessary by the Secretary for the proper and efficient administration of the State plan approved under this section; except that not more than 5 per centum of the total of the allotments of such State for any fiscal year, or $60,000, whichever is less, shall be available for the total expenditures for such purpose by all of the State agencies designated under subsection (b)(l)(B) for the administration or supervision of the administration of the State plan. Payments under this paragraph may be made in advance or by way of reimbursement, and in such installments, as the Secretary may determine. "(2) Any amount paid under paragraph (1) to any State for any fiscal year shall be paid on condition that there shall be expended from the State sources for such year for administration of the State plan approved under this section not less than the total amount expended for such purposes from such sources during the previous fiscal year. "HABILITATION PLANS

42 USC 6023.

"SEC. 123. (a) The Secretary shall require as a condition to a State's receiving an allotment under this part that the State provide the Secretary satisfactory assurances that each program (including programs of any agency, facility, or project) which receives funds from the State's allotment under this part (1) has in effect for each developmentally disabled person who receives services from or under the program a habilitation plan meeting the requirements of subsection (b), and (2) provides for an annual review, in accordance with subsection (c), of each such plan. "(b) A habilitation plan for a person with developmental disabilities shall meet the following requirements: "(1) The plan shall be in writing. "(2) The plan shall be developed jointly by (A) a representative or representatives of the program primarily responsible for delivering or coordinating the delivery of services to the person for whom the plan is established, (B) such person, and (C) where appropriate, such person's parents or guardian or other representative. "(3) The plan shall contain a statement of the long-term habilitation goals for the person and the intermediate habilitation objectives relating to the attainments of such goals. Such goals should include the increase or support of independence, productivity, and integration into the community for the person. Such objectives shall be stated specifically and in sequence and shall be expressed in behavioral or other terms that provide measurable indices of progress. The plan shall (A) describe how the objectives will be achieved and the barriers that might interfere with the achievement of them, (B) state an objective criteria and an evaluation procedure and schedule for determining whether such objectives and goals are being achieved, and (C) provide for a program coordinator who will be responsible for the implementation of the plan. (4) The plan shall contain a statement (in readily understandable form) of specific habilitation services to be provided, shall identify each agency which will deliver such services, shall describe the personnel (and their qualifications) necessary for the provision of such services, and shall specify the date of the

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98 STAT. 2675

initiation of each service to be provided and the anticipated duration of each such service. "(5) The plan shall specify the role and objectives of all parties to the implementation of the plan. "(c) Each habilitation plan shall be reviewed at least annually by the agency primarily responsible for the delivery of services to the person for whom the plan was established or responsible for the coordination of the delivery of services to such person. In the course of the review, such person and the person's parents or guardian or other representative shall be given an opportunity to review such plan and to participate in its revision. "STATE PLANNING COUNCILS

"SEC. 124. (a)(l) Each State which receives assistance under this part shall establish a State Planning Council which will serve as an advocate for persons with developmental disabilities. The members of the State Planning Council of a State shall be appointed by the Governor of the State from among the residents of that State. The Governor of each State shall make appropriate provisions for the rotation of membership on the Council of that State. Each State Planning Council shall at all times include in its membership representatives of the principal State agencies (including the State agency that administers funds provided under the Rehabilitation Act of 1973, the State agency that administers funds provided under the Education of the Handicapped Act, and the State agency that administers funds provided under title XIX of the Social Security Act for persons with developmental disabilities), higher education training facilities, each university affiliated facility or satellite center in the State, the State protection and advocacy system established under section 142, local agencies, and nongovernmental agencies and private nonprofit groups concerned with services to persons with developmental disabilities in that State. "(2) At least one-hgdf of the membership of each such Council shall consist of persons who— "(A) are persons with developmental disabilities or parents or guardigms of such persons, or "(B) are immediate relatives or guardians of persons with mentally impairing developmental disabilities, who are not employees of a State agency which receives funds or provides services under this part, who are not managing employees (as defined in section 1126(b) of the Social Security Act) of any other entity which receives funds or provides services under this part, and who are not persons with an ownership or control interest (within the meaning of section 1124(a)(3) of the Social Security Act) with respect to such an entity. "(3) Of the members of the Council described in paragraph (2)— "(A) at least one-third shall be persons with developmental disabilities, and "(B)(i) at least one-third shall be individuals described in subparagraph (B) of paragraph (2), and (ii) at least one of such individuals shall be an immediate relative or guardian of an institutionalized person with a developmental disability. "(b) Each State Planning Council shall— "(1) develop jointly with the State agency or agencies designated under section 122(b)(l)(B) the State plan required by this

Establishment. 42 USC 6024.

29 USC 701 note. 20 USC 871. 42 USC 1396. Post, p. 2679.

42 USC i320a-5. 42 USC i320a-3.

Ante, p. 2670.

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 98 STAT. 2676 Ante, p. 2670.

Reports.

PUBLIC LAW 98-527—OCT. 19, 1984 part, including the specification of services under section 122(b)(4)(B); "(2) monitor, review, and evaluate, not less often than annually, the implementation of such State plan; "(3) to the maximum extent feasible, review and comment on all State plans in the State which relate to programs affecting persons with developmental disabilities; and "(4) submit to the Secretary, through the Governor, such periodic reports on its activities as the Secretary may reasonably request, and keep such records and afford such access thereto as the Secretary finds necessary to verify such reports. "STATE ALLOTMENTS

42 USC 6025. Post, p. 2679.

"SEC. 125. (a)(1) For each fiscal year, the Secretary shall, in accordance with regulations and this paragraph, allot the sums appropriated for such year under section 130 among the States on the basis of— "(A) the population, "(B) the extent of need for services for persons with developmental disabilities, and "(C) the financial need, of the respective States. Sums allotted to the States under this section shall be used in accordance with approved State plans under section 122 for the provision under such plans of services for persons with developmental disabilities. "(2) Adjustments in the amounts of State allotments based on subparagraphs (A), (B), and (C) of paragraph (1) may be made not more often than annually. The Secretary shall notify States of emy adjustment made not less than six months before the beginning of the fiscal year in which such adjustment is to take effect. "(3)(A) Except as provided in paragraph (4), for any fiscal year the allotment under paragraph (1)— "(i) to each of American Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands may not be less than $100,000, and "(ii) to any other State may not be less than the greater of $250,000, or the amount of the allotment (determined without regard to subsection (d)) received by the State for the fiscal year ending September 30, 1984. "(B) Notwithstanding subparagraph (A), if the aggregate of the amounts to be allotted to each State pursuant to subparagraph (A) in any fiscal year exceeds the total amount appropriated under section 130 for such fiscal year, the amount to be allotted to a State for such fiscal year shall be an amount which bears the same ratio to the amount which is to be allotted to the State pursuant to such subparagraph as the total amount appropriated under section 130 for such fiscal year bears to the total of the eunount required to be appropriated under such section for allotments to provide each State with the allotment required by such subparagraph. "(4) In any case in which amounts appropriated under section 130 for a fiscal year exceed $47,000,000, the allotment under paragraph (1) for such fiscal year— "(A) to each of American Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the

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98 STAT. 2677

Trust Territory of the Pacific Islands may not be less than $160,000; and "(B) to each of the several States, Puerto Rico, or the District of Columbia, may not be less than $300,000. "(5) In determining, for purposes of paragraph (I)(B), the extent of need in any State for services for persons with developmental disabilities, the Secretary shall take into account the scope and extent of the services described, pursuant to section 122(b)(2)(C), in Ante, p. 2670. the State plan of the State. "(b) Whenever the State plan approved in accordance with section 122 provides for participation of more than one State agency in administering or supervising the administration of designated portions of the State plan, the State may apportion its allotment among such agencies in a manner which, to the satisfaction of the Secretary, is reasonably related to the responsibilities assigned to such agencies in carrying out the purposes of the State plan. Funds so apportioned to State agencies may be combined with other State or Federal funds authorized to be spent for other purposes, provided the purposes of the State plan will receive proportionate benefit from the combination. "(c) Whenever the State plan approved in accordance with section 122 provides for cooperative or joint effort between States or between or among agencies, public or private, in more than one State, portions of funds allotted to one or more such cooperating States may be combined in accordance with the agreements between the agencies involved. "(d) The amount of an allotment to a State for a fiscal year which the Secretary determines will not be required by the State during the period for which it is available for the purpose for which allotted shall be available for reallotment by the Secretary from time to time, on such date or dates as the Secretary may fix (but not earlier than thirty days after the Secretary has published notice of the intention of the Secretary to make such reallotment in the Federal Register), to other States with respect to which such a determination has not been made, in proportion to the original allotments of such States for such fiscal year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use during such period; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount so reallotted to a State for a fiscal year shall be deemed to be a part of its allotment under subsection (a) for such fiscal year. "PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION AND SERVICES

"SEC. 126. From each State's allotments for a fiscal year under 42 USC 6026. section 125, the State shall be paid the Federal share of the expendi- Ante, p. 2676. tures, other than expenditures for construction, incurred during such year under its State plan approved under this part. Such payments shall be made from time to time in advance on the basis of estimates by the Secretary of the sums the State will expend under the State plan, except that such adjustments as may be necessary shall be made on account of previously made underpayments or overpayments under this section.

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 98 STAT. 2678

PUBLIC LAW 98-527—OCT. 19, 1984 "WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION AND SERVICES

42 USC 6027.

Ante, p. 2670.

Ante, p. 2676.

"SEC. 127. Whenever the Secretary, after reasonable notice and opportunity for hearing to the State Planning Council and the appropriate State agency designated pursuant to section 122(b)(l) finds that— "(1) there is a failure to comply substantially with any of the provisions required by section 122 to be included in the State plan; or "(2) there is a failure to comply substantially with any regulations of the Secretary which are applicable to this part, the Secretary shall notify such State Council and agency or agencies that further pa3mients will not be made to the State under section 125 (or, in the discretion of the Secretary, that further payments will not be made to the State under section 125 for activities in which there is such failure), until the Secretary is satisfied that there will no longer be such failure. Until the Secretary is so satisfied, the Secretary shall make no further payment to the State under section 125, or shall limit further payment under section 125 to such State to activities in which there is no such failure. "NONDUPUCATION

42 USC 6028.

"SEC. 128. In determining the amount of any State's Federal share of the expenditures incurred by it under a State plan approved under section 122, there shall be disregarded (1) any portion of such expenditures which are financed by Federal funds provided under any provision of law other than section 125, and (2) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds. "APPEALS BY STATES

42 USC 6029. Supra.

"SEC. 129. If any State is dissatisfied with the Secretary's action under section 122(c) or section 127, such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court within sixty days after such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by the Secretary for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based the action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Secretary may modify or set aside the order of the Secretary. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of the fact and may modify the previous action of the Secretary, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgment of the court affirming or setting aside, in whole or in part, any action of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in

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98 STAT. 2679

section 1254 of title 28, United States Code. The commencement of proceedings under this section shall not, unless so specifically ordered by the court, operate as a stay of the Secretary's action. "AUTHORIZATION OF APPROPRIATIONS

"SEC. 130. For allotments under section 125, there are authorized to be appropriated $50,250,000 for fiscal year 1985, $53,400,000 for fiscal year 1986, and $56,500,000 for fiscal year 1987.

42 USC 6030. Ante, p. 2676.

"PART C—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS "PURPOSE

"SEC. 141. It is the purpose of this part to provide for allotments to support a system in each State to protect the legal and human rights of persons with developmental disabilities in accordance with section 142.

42 USC 6041.

"SYSTEM REQUIRED

"SEC. 142. (a) In order for a State to receive an allotment under partB— "(1) the State must have in effect a system to protect and advocate the rights of persons with developmental disabiliti®; "(2) such system must— "(A) have the authority to pursue legal, administrative, and other appropriate remedies to ensure the protection of the rights of such persons who are receiving treatment, services, or habilitation within the State and to provide information on and referral to programs and services addressing the needs of persons with developmental disabilities; "(B) not be administered by the State Planning Council; "(C) be independent of any agency which provides treatment, services, or habilitation to persons with developmental disabilities; and "(D) except as provided in subsection (b), be able to obtain access to the records of a person with developmental disabilities who resides in a facility for persons with developmental disabilities if— "(i) a complaint has been received by the system from or on behalf of such person; and "(ii) such person does not have a legal guardian or the State or the designee of the State is the legal guardian of such person; "(3) the State must provide assurances to the Secretary that funds allotted to the State under this section will be used to supplement and increase the level of funds that would otherwise be made available for the purposes for which Federal funds are provided and not to supplant such non-Federal funds; "(4) the State must provide assurances to the Secretary that such system will be provided with a copy of each annual survey report and plan of corrections for cited deficiencies made pursuant to section 1902(a)(31XB) of the Social Security Act with respect to any intermediate care facility for the mentally retarded in the State within 30 days after the completion of each such report or plan; and

42 USC 6042.

Report, 42 USC I396a.

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 98 STAT. 2680

Infra. Ante, p. 2676.

Prohibition.

PUBLIC LAW 98-527—OCT. 19, 1984

"(5) the State must provide assurances satisfactoiy to the Secretary that the agency implementing the system will not be redesignated unless there is good cause for the redesignation and unless notice has been given of the intention to make such redesignation to persons with developmental disabilities or their representatives. "(b) Prior to October 1, 1986, the provisions of paragraph (2)(D) of subsection (a) shall not apply to any State in which the laws of the State prohibit the system required under such subsection from obtaining access to the records of a person with developmental disabilities under the conditions described in such paragraph. "(c)(l) To assist States in meeting the requirements of subsection (a), the Secretary shall allot to the States the amounts appropriated under section 143. Allotments and reallotments of such sums shall be made on the same basis as the allotments and reallotments are made under the first sentence of subsection (a)(1) and subsection (d) of section 125, except that in any case in which— "(A) the total amount appropriated under section 143 for a fiscal year is at least $11,000,000— "(i) the allotment of each of American Samoa, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands for such fiscal year shall not be less than $80,000; and "(ii) the allotment to each of the several States, Puerto Rico, and the District of Columbia for such fiscal year shall not be less than $150,000; or "(B) the total amount appropriated under section 143 for a fiscal year is less than $11,000,000, the allotment to each State (other than Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands) shall not be less than $50,000. "(2) A State may use not more than 5 percent of any allotment under this subsection for the costs of monitoring the administration of the system required under subsection (a). "(3) Notwithstanding paragraph (1), if the aggregate of the amounts of the allotments to be made in accordance with such paragraph for any fiscal year exceeds the total of the amounts appropriated for such allotments under section 143, the amount of a State's allotment for such fiscal year shall bear the same ratio to the amount otherwise determined under such paragraph as the total of the amounts appropriated for that year under section 143 bears to the aggregate amount required to make an allotment to each of the States in accordance with paragraph (1). "AUTHORIZATION OF APPROPRIATIONS

42 USC 6043. Ante, p. 2679.

"SEC. 143. For allotments under section 142, there are authorized to be appropriated $13,750,000 for fiscal year 1985, $14,600,000 for fiscal year 1986, and $15,500,000 for fiscal year 1987. The provisions of section 1913 of title 18, United States Code, shall be applicable to all moneys authorized under the provisions of this section.

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98 STAT. 2681

"PART D—UNIVERSITY AFFIUATED FACILITIES PURPOSE

"SEC. 151. The purpose of this part is to provide for grants to university affiliated facilities to assist in the provision of interdisciplinary training, the conduct of service demonstration progreims, and the dissemination of information which will increase and support the independence, productivity, and integration into the community of persons with developmental disabilities.

Grants. 42 USC 6061.

"GRANT AUTHORITY

"SEC. 152. (a) From appropriations under section 154, the Secretary shall make grants to imiversity affiliated facilities to assist in the administration and operation of the activities described in section 102(13). "(b) The Secretary may make one or more grants to a university affiliated facility receiving a grant under subsection (a) to support one or more of the following activities: "(1) Conducting— "(A) a study of the feasibility of establishing a university affiliated facUity or a satellite center in an area not served by a university affiliated facility, including an assessment of the needs of the area for such a facility or center; or "(B) a study of the ways in which such university affiliated facility, singly or jointly with other university affiliated facilities which have received a grant under subsection (a), can assist in establishing one or more satellite centers which would be located in areas not served by a university affiliated facility. A study under subparagraph (A) or subparagraph (B) shall be carried out in consultation with the State Planning Council for the State in which the university affiliated facility conducting the study is located and the State Planning Council for the State in which the university affiliated facihty or satellite center would be established. "(2) Provision of service-related training to parents of persons with developmental disabilities, professionals, volunteers, or other personn^ to enable such parents, professionals, volunteers, or personnel to provide services to increase or maintain the independence, productivity, and integration into the community of persons with developmental disabilities. "(3) Conducting an applied research program designed to produce more efficient and effective methods (A) for the delivery of services to persons with developmental disabilities, and (B) for the training of professionals, paraprofessionals, and parents who provide these services. The amount of a grant under paragraph (1) may not exceed $25,000. "(c) The Secretary may make grants to pay part of the costs of establishing satellite centers and may make grants to satellite centers to pay part of their administration and operation costs. A satellite center which receives a grant under this section may engage in the activities described in subparagraph (A), (B), or (C) of section 102(13). "(d)(1) The Secretary may not make a grant under subsection (c) for the fiscal year ending on September 30, 1985, to a satellite center

42 USC 6062. Post, p. 2683. Ante, p. 2663.

Research and development.

Prohibition.

Prohibition.

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 98 STAT. 2682 Ante, p. 2670.

Prohibition.

PUBLIC LAW 98-527—OCT. 19, 1984

which has not received a grant under such subsection or section 121(c) (as such section was in effect prior to October 1, 1984) unless— "(A) a study assisted under subsection (b)(DCA) of this section has established the feasibility of establishing or operating such center, except that such study shall not be required to contain an assessment of the need for such center in the area in which such center will be located; or "(B) a study assisted under section 121(b)(l) (as in effect prior to October 1, 1984) has established the feasibility of establishing or operating such center. "(2) The Secretary may not make a grant under subsection (a) or subsection (c) for a fiscal yesu* beginning after September 30, 1985, to a university affiliated facility or a satellite center which has not received a grant under this section or section 121 (as such section was in effect prior to October 1, 1984) unless— "(A) a study assisted under subsection (b)(l)(A) has been conducted with respect to such facility or center by a university affiliated facility; and "(B) such study has established the feasibility of establishing or operating such facility or center. "APPLICATIONS

42 USC 6063.

Ante, p. 2663. Ante, p. 2681.

Human rights.

"SEC. 153. (a) Not later than six months after the date of the enactment of the Developmental Disabilities Act of 1984, the Secretary shall establish by regulation steuidards for university affiliated facilities. Such standards shall reflect the special needs of persons with developmental disabilities who are of various ages, and shall include performance stamdards relating to each of the activities described in section 102(13). "(b) No grants may be made under section 152 unless an application therefor is submitted to, and approved by, the Secretary. Such an application shall be submitted in such form and manner, and contain such information, as the Secretary may require. Such an application shall be approved by the Secretary only if the application contains or is supported by reasonable assurances that— "(1) the making of the grant will (A) not result in any decrease in the use of State, local, and other non-Federal funds for services for persons with developmental disabilities and for training of persons to provide such services, which funds would (except for such grant) be made available to the applicant, and (B) be used to supplement and, to the extent practicable, increase the level of such funds; "(2)(A) the applicant's facility is in full compliance with the standards established under subsection (a), or "(B)(i) the applicant is making substantial progress toward bringing the facility into compliance with such standards, and (ii) the facility will, not later than three years after the date of approval of the initial application or the date standards are promulgated under subsection (a), whichever is later, fully comply with such standards; and "(3) the human rights of all persons with developmental disabilities (especially those persons without familial protection) who are receiving treatment, services, or habilitation under programs assisted under this part will be protected consistent with section 110 (relating to rights of the developmentally disabled).

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98 STAT. 2683

"(c) The Secretary shall establish such a process for the review of applications for grants under section 152 as will ensure, to the maximum extent feasible, that each Federal agency that provides funds for the direct support of the applicant's facility reviews the application. (d)(l) If the total amount appropriated under section 154 for a fiscal year is at least $8,500,000, the amount of any grant under section 152(a) to a university affiliated facility shall not be less than $175,000 for such fiscal year and the amount of any grant under section 152(c) to a satellite center shall not be less than $75,000 for such fiscal year. "(2) If the total amount appropriated under section 154 is less than $8,500,000, the amount of any grant under section 152(a) to a university affiliated facility shall not be less than $150,000 for such fiscal year and the amount of any grant under section 152(c) to a satellite center shall not be less than $75,000 for such fiscal year.

Ante, p. 2681.

infra.

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 154. For the purpose of making grants under section 152, there are authorized to be appropriatcMi $9,000,000 for fiscal year 1985, $9,600,000 for fiscal year 1986, and $10,100,000 for fiscal year 1987.

42 USC 6064.

"PART E—SPECIAL PROJECT GRANTS "PURPOSE

"SEC. 161. The purpose of this part is to provide for grants for demonstration projects to increase and support the independence, productivity, and integration into the community of persons with developmental disabilities.

42 USC 6081.

"GRANT AUTHORITY

"SEC. 162. (a) The Secretary may make grants to public or nonprofit private entities for— "(1) demonstration projects— "(A) which are conducted in more than one State, "(B) which involve the participation of two or more Federal departments or agencies, or "(C) which are otherwise of national significance, and which hold promise of expanding or otherwise improving services to persons with developmental disabilities (especially those who are multihandicapped or disadvantaged, including Native Americans, Native Hawaiians, and other underserved groups); and "(2) technical assistance and demonstration projects (including research, training, and evaluation in connection with such projects) which hold promise of expanding or otherwise improving protection and advocacy services relating to the State protection and advocacy system described in section 142. Projects for the evaluation and assessment of the quality of services provided persons with developmental disabilities which meet the requirements of subparagraphs (A), (B), and (C) of paragraph (1) may be included as projects for which grants are authorized under such paragraph. "(b) No grant may be made under subsection (a) unless an application therefor has been submitted to, and approved by, the Secretary.

42 USC 6082.

Ante, p. 2679.

Prohibition.

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 98 STAT. 2684

Human rights. Ante, p. 2670.

Ante, p. 2669.

PUBLIC LAW 98-527—OCT. 19, 1984

Such application shall be in such form, submitted in such manner, and contain such information as the Secretary shall by regulation prescribe. The Secretary may not approve such an application unless each State in which the applicant's project will be conducted has a State plan approved under section 122, and unless the application provides assurances that the human rights of all persons with developmental disabilities (especially those persons without familial protection) who are receiving treatment, services, or habilitation under projects assisted under this part will be protected consistent with section 110 (relating to the rights of the developmentally disabled). The Secretary shall provide to the State Planning Council for each State in which an applicant's project will be conducted an opportunity to review the application for such project and to submit its comments on the application. "(c) Payments under grants under subsection (a) may be made in advance or by way of reimbursement and at such intervals and on such conditions, as the Secretary finds necessary. The amount of any grant under subsection (a) shall be determined by the Secretary. "AUTHORIZATION OF APPROPRIATIONS

42 USC 6083.

"SEC. 163. To Carry out this part, there are authorized to be appropriated $2,700,000 for fiscal year 1985, $2,800,000 for fiscal year 1986, and $3,100,000 for fiscal year 1987.". STUDY ON INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED

Report.

42 USC 1396.

42 USC I396n.

SEC. 3. (a) Within six months after the date of enactment of this Act, the Secretary of Health and Human Services shall prepare and transmit to the Congress a report containing— (1) recommendations for improving services for mentally retarded persons and persons with developmental disabilities provided under an approved State plan under title XIX of the Social Security Act so that the manner in which such services are provided will increase the independence, productivity, and integration into the community of mentally retarded persons and persons with developmental disabilities; (2) recommendations for services provided for mentally retarded persons and persons with developmental disabilities under waivers granted under section 1915(c) of the Social Security Act so that the manner in which such services are provided can be improved to increase the independence, productivity, and integration into the community of mentally retarded persons and persons with developmental disabilities; and (3) comments by each of the officials specified in clauses (2) through (4) of subsection (b) on the recommendations included in the report pursuant to paragraph (1), including comments concerning the effect of such recommendations, if implemented, on programs carried out by such officials. (b) The Secretary, in preparing the report required by subsection (a), shall consult with— (1) the Administrator of the Health Care Financing Administration of the Department of Health and Human Services (or the designee of the Administrator);

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98 STAT. 2685

(2) the Commissioner of the Administration for Developmental Disabilities of the Department of Health and Human Services (or the designee of the Commissioner); (3) the Chairman of the National Council on the Handicapped (or the designee of the Chairman); and (4) the Assistant Secretary of Education for Special Education and Rehabilitative Services (or the designee of the Assistant Secretary). Approved October 19, 1984.

LEGISLATIVE HISTORY—H.R. 5603: HOUSE REPORTS: No. 98-826 (Comm. on Energy and Commerce) and No. 98-1074 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 130 (1984): June 11, considered and passed House. June 28, considered and passed Senate, amended. Oct. 3, House agreed to conference report. Oct. 4, Senate agreed to conference report.

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 98 STAT. 2686

PUBLIC LAW 98-528—OCT. 19, 1984

Public Law 98-528 98th Congress An Act Oct. 19, 1984 [H.R. 5618]

Veterans' Health Care Act of 1984. 38 USC 10] note.

To amend title 38, United States Code, to revise and improve Veterans' Administration health programs and to improve security and law enforcement at Veterans' Administration facilities; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE; R E F E R E N C E S TO TITLE 38, UNITED STATES CODE SECTION 1. (a) This Act may be cited as the "Veterans' Health Care Act of 1984". (b) Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code.

TITLE I—HEALTH PROGRAMS SECURITY AND LAW ENFORCEMENT AT VETERANS ADMINISTRATION FACILITIES

38 USC 218.

Regulations.

Penalties.

SEC. 101. (a)(1) Section 218 is amended to read as follows: "§ 218. Security and law enforcement on property under the jurisdiction of the Veterans' Administration "(a)(1) The Administrator shall prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on land and in buildings under the jurisdiction of the Veterans' Administration and not under the control of the Administrator of General Services (hereinafter in this section referred to as 'Veterans' Administration property'). "(2) Such regulations shall include— "(A) rules for conduct on Veterans' Administration property; and "(B) the penalties, within the limits specified in paragraph (3) of this subsection, for violations of such rules. "(3) Whoever violates any rule prescribed under paragraph (2)(A) of this subsection shall be fined not more than $500 or imprisoned not more than six months (or such lesser amount or period of time as the Administrator prescribes in the regulations prescribed under this subsection), or both. "(4) The rules prescribed under clause (A) of paragraph (2) of this subsection, together with the penalties for violations of such rules, shall be posted conspicuously on property to which they apply. "(5) The Administrator shall consult with the Attorney General before prescribing regulations under this subsection. "(b)(1) Veterans' Administration employees who are Veterans' Administration police officers shall enforce Federal laws and the

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98 STAT. 2687

rules prescribed under subsection (a)(2)(A) of this section on Veterans' Administration property. Subject to regulations prescribed under paragraph (2) of this subsection, a Veterans' Administration police officer may make arrests on Veterans' Administration property for a violation of any Federal law or of any such rule. "(2) The Administrator shall prescribe regulations with respect to Veterans' Administration police officers. Such regulations shall include— "(A) policies with respect to the exercise by Veterans' Administration police officers of the enforcement and arrest authorities provided by paragraph (1) of this subsection; "(B) the scope and duration of training that is required for Veterans' Administration police officers, with particular emphasis on dealing with situations involving patients; and "(C) rules limiting the carrying and use of weapons by Veterans' Administration police officers. "(3) The Administrator shall consult with the Attorney General before prescribing regulations under clause (A) of paragraph (2) of this subsection. "(4) Rates of basic pay for Veterans' Administration police officers may be increased by the Administrator under section 4107(g) of this title. "(c)(1) The Administrator may pay an allowance under this subsection for the purchase of uniforms to any Veterans' Administration police officer who is required to wear a prescribed uniform in the performance of official duties. "(2) The amount of the allowance that the Administrator may pay under this subsection— "(A) may be based on estimated average costs or actual costs; "(B) may vary by geographic regions; and "(C) except as provided in paragraph (3) of this paragraph, may not exceed $200 in a fiscal year for any police officer. "(3)(A) The amount of an allowance under this subsection may be increased to an amount up to $400 for not more than one fiscal year in the case of any Veterans' Administration police officer. In the case of a person who is appointed as a Veterans' Administration police officer on or after the date on which the Administrator initially exercises the authority granted by this paragraph, an allowance in an amount established under this paragraph shall be paid at the beginning of such person's employment as such an officer. In the case of any other Veterans' Administration police officer, an allowance in an amount established under this paragraph shall be paid upon the request of the officer. "(B) A police officer who resigns as a police officer less than one year after receiving an allowance in an amount established under this paragraph shall repay to the Veterans' Administration a pro rata share of the amount paid, based on the number of months the officer was actually employed as such an officer during the twelvemonth period following the date on which such officer began such employment or the date on which the officer submitted a request for such allowance, as the case may be. "(4) An allowance may not be paid to a Veterans' Administration police officer under this subsection and under section 5901 of title 5 for the same fiscal year. "(d) The Administrator shall furnish Veterans' Administration police officers with such weapons and related equipment as the Administrator determines to be necessary and appropriate.

Regulations.

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 98 STAT. 2688

38 USC 218 note.

PUBLIC LAW 98-528—OCT. 19, 1984

"(e) With the permission of the head of the agency concerned, the Administrator may use the facilities and services of Federal, State, and local law enforcement agencies when it is economical and in the public interest to do so.". (2) The provisions of section 218 of title 38, United States Code, other than clause (2) of subsection (a) of such section, as in effect on the day before the date of the enactment of this Act shall remain in effect until the date on which the Administrator of Veterans' Affairs prescribes the regulations required to be prescribed by subsections (a) and (b) of such section as amended by subsection (a) of this section. (3) The item relating to such section in the table of sections at the beginning of chapter 3 of such title is amended to read as follows: "218. Security and law enforcement on property under the jurisdiction of the Veterans' Administration.".

97 Stat. 1001. 38 USC 4107.

Report.

(b) Section 4107(g) is amended— (1) in paragraph (1)— (A) by striking out "or" at the end of clause (A); (B) by striking out the comma and inserting in lieu thereof a semicolon and "or" at the end of subclause (iv) of clause (B); and (C) by inserting after clause (B) the following new clause: "(C) of employees who are Veterans' Administration police officers providing services under section 218 of this title,"; (2) by striking out "health-care" each place it appears in paragraphs (2)(A) and (4); and (3) by inserting "or (C)" after "(B)" in paragraph (4). (c) Not later than one hundred and eighty days after the date of the enactment of this Act, the Administrator of Veterans' Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of the amendments made by this section. The report shall include (1) the regulations prescribed under section 218 of title 38, United States Code, as amended by subsection (a), and (2) a description of the methodology to be used to determine how the authority provided in the amendments made by subsection (b) is to be exercised. COMPTROLLER GENERAL REPORT ON MEDICAL PERSONNEL STAFFING LEVELS

Report. 38 USC 5010.

SEC. 102. Section 5010(a)(4)(C) is amended to read as follows: "(C) Whenever the Director of the Office of Management and Budget is required to submit a certification under subparagraph (B) of this paragraph, the Comptroller General shall submit to the appropriate committees of the Congress a report stating the Comptroller General's opinion as to whether the Director has complied with the requirements of that subparagraph. The Comptroller General shall submit the report not later than fifteen days after the end of the period specified in such subparagraph for the Director to submit the certification.". CONTRACT HEALTH CARE IN PUERTO RICO AND THE VIRGIN ISLANDS

97 Stat. 730. 38 USC 601. 38 USC 601 note.

SEC. 103. (a) Section 601(4)(C)(v) is amended by striking out "September 30, 1984" and inserting in lieu thereof "September 30, 1985". (b) Any action by the Administrator of Veterans' Affairs in entering into a contract applicable to the period beginning on October 1,

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1984, and ending on the date of the enactment of this Act for the provision of care described in subclause (v) of section 601(4)(C) of title 38, United States Code, and any waiver described in that subclause made by the Administrator that is applicable to that period, is hereby ratified with respect to that period. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR GERIATRIC RESEARCH, EDUCATION, A N D CLINICAL ACTIVITIES

SEC. 104. Section 4101(f)(3) is amended by striking out the first sentence and inserting in lieu thereof the following: "There are authorized to be appropriated such sums as may be necessary for the support of the research and education activities of the centers established pursuant to paragraph (1) of this subsection.".

38 USC 4101.

ACQUISITION OF PROPERTIES FOR USE AS STATE VETERANS' HOMES

SEC. 105. Subchapter III of chapter 81 is amended as follows: (1) Section 5032 is amended by inserting "(or to acquire facilities to be used as State home facilities)" after "State home facilities". (2) Section 5034 is amended by inserting "or acquired" after "constructed" each place it appears. (3) Section 5035 is amended— (A) by inserting "(or acquisition of a facility to be used as a State home facility)" in the first sentence of subsection (a) after "State home facilities"; (B) by inserting "(or of the estimated cost of facility acquisition and construction)" in clause (1) of subsection (a) after "cost of construction"; (C) by inserting "(or for facility acquisition and construction of the project)" in clause (6) of subsection (a) after "construction of the project"; (D) by striking out "sections 276a through 276a-5 of title 40" in clause (8) of subsection (a) and inserting in lieu thereof "the Act of March 3, 1931 (40 U.S.C. 276a—276a-5)"; (E) by striking out "and" at the end of clause (7), by striking out the period at the end of clause (8) and inserting in lieu thereof a comma and "and", and by inserting after clause (8) the following new clause: "(9) in the case of a project for acquisition of a facility, reasonable assurance that the estimated total cost of acquisition of the facility and of any expansion, remodeling, and alteration of the acquired facility will not be greater than the estimated cost of construction of an equivalent new facility."; (F) by inserting "(or of the estimated cost of facility acquisition and construction)" in clause (2) of subsection (b) after "cost of construction"; (G) by striking out "the construction o f in clause (4) of subsection (b) and inserting in lieu thereof "the carrying out of; and (H) in subsection (d)(1)— (i) by inserting "(or of the estimated cost of facility acquisition and construction)" in the first sentence after "cost of construction"; (ii) by striking out "constructed" in the second sentence and inserting in lieu thereof "carried out";

38 USC 5032. 38 USC 5034. 38 USC 5035.

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