Developmental Disabilities Assistance and Bill of Rights Act of 1990
PL 101-496 (S.2753), enacted 10/31/1990

PUBLIC LAW 101-496—OCT. 31, 1990 
104 STAT. 1191 
Public Law 101-496 
101st Congress 
An Act 
To revise and extend the Developmental Disabilities Assistance and Bill of Rights 
Oct. 31, 1990 
Act. 
[S. 2753] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Developmental 
Disabilities 
SECTION 1. SHORT TITLE. 
Assistance and 
,
,
.
.
.
. 
Bill of Rights 
This Act may be cited as the Developmental Disabilities Assist- 
Act of 1990. 
ance and Bill of Rights Act of 1990". 
42 USC 6000 
note. 
SEC. 2. REFERENCE. 
Except as otherwise provided, whenever in this Act an amend-
ment 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 the Developmental 
Disabilities Assistance and Bill of Rights Act. 
SEC. 3. FINDINGS AND PURPOSES. 
Section 101 of the Act is amended— 
42 USC 6000. 
(1) in subsection (a)— 
(A) by striking "there are more than two" in paragraph 
(1) and inserting "in 1990 there are more than three"; 
(B) by redesignating paragraphs (7) and (8) as paragraphs 
(8) and (9), respectively; and 
(C) by inserting after paragraph (6) the following new 
paragraph: 
"(7) a substantial portion of persons with developmental 
disabilities remain unserved or underserved;"; and 
(2) in subsection Qy)— 
(A) by striking "and" at the end of paragraph (2); 
(B) by redesignating paragraph (3) as paragraph (8); and 
(C) by inserting after paragraph (2) the following new 
paragraphs: 
"(3) to provide interdisciplinary training and technical assist-
ance to professionals, paraprofessionals, family members, and 
individuals with developmental disabilities; 
"(4) to advocate for public policy change and community 
acceptance of all people with developmental disabilities and 
their families so that such persons receive the services, supports 
and other assistance and opportunities necessary to enable such 
persons to achieve their maximum potential through incresised 
independence, productivity and integration into the community; 
"(5) to promote the inclusion of all persons with developmen-
tal disabilities, including persons with the most severe disabil-
ities, in community life; 
"(6) to promote the interdependent activity of all persons with 
developmental disabilities, including persons with the most 
severe disabilities; 
104 STAT. 1192 
PUBLIC LAW 101-496—OCT. 31, 1990 
"(7) to recognize the contribution of all persons with devel-
opmental disabilities as such persons share their talents at 
home, school, and work, and in recreation and leisure time; 
and". 
SEC. 4. DEFINITIONS. 
42 use 6001. 
Section 102 of the Act is amended— 
(1) in paragraph (5)— 
(A) bv inserting "5 years of age or older" after "of a 
person ; 
(B) by striking the period at the end of subparagraph (E) 
and inserting a semicolon; and 
(C) by adding after and below subparagraph (E) the fol-
lowing: 
"except that such term, when applied to infants and young children 
means individuals from birth to age 5, inclusive, who have substan-
tial developmental delay or specific congenital or acquired condi-
tions with a high probability of resulting in developmental disabil-
ities if services are not provided."; 
(2) in paragraph (8), by striking "nondisabled citizens" each 
place such term appears and inserting "citizens without disabil-
ities"; 
(3) in subparagraph (A) of paragraph (8)— 
(A) by striking "and" at the end of clause (i); 
(B) by inserting "and integrated employment," after 
"activities" in clause (ii); and 
(C) by inserting before the matter at the end of subpara-
graph (A) the following new clauses: 
"(iii) use of the same community resources by per-
sons with developmental disabilities living, learning, 
working, and enjoying life in regular contact with citi-
zens without disabilities, and 
"(iv) development of friendships and relationships 
with persons without disabilities,"; 
(4) in subparagraph (B) of paragraph (8), by striking "or in 
home-like settings"; 
(5) in paragraph (9), by striking "specialized services or special 
adaptation of generic services" each place such term appears 
and inserting special adaptation of generic services or special-
ized services ; 
(6) in clause (iv) of paragraph (9)(B)— 
(A) by striking "models" and inserting "approaches, 
strategies"; and 
(B) by inserting "Federal, State and local" before "policy-
makers"; 
(7) in paragraph (10), by striking "case management" and 
inserting "system coordination and community education"; 
(8) in paragraph (12), by striking "and family support serv-
ices" and inserting ", individual, family and community 
supports"; 
(9) in subparagraph (B) of paragraph (17), by inserting "and 
their families" after "disabilities" each place such appears; 
(10) by striking paragraph (21) and inserting the following 
new paragraph: 
"(21) The term 'protection and advocacy system' means a 
protection and advocacy system established in accordance with 
section 142."; 
PUBLIC LAW 101-496—OCT. 31, 1990 
104 STAT. 1193 
(11) in paragraph (22), by inserting at the end thereof the 
following new sentence: "Such term includes assistive tech-
nology devices and assistive technology service."; and 
(12) by inserting at the end thereof the following new 
paragraphs: 
"(24) The term 'family support service' means services, sup-
ports, and other assistance provided to families with members 
with developmental disabilities, that are designed to— 
"(A) strengthen the family's role as primary caregiver, 
"(B) prevent inappropriate out of the home placement 
and maintain family unity, and 
"(C) reunite families with members who have been placed 
out of the home. 
Such term includes respite care, assistive technology, personal 
assistance, parent training and counseling, support for elderly 
parents, vehicular and home modifications, and assistance with 
extraordinary expenses associated with the needs of the person 
with a developmental disability. 
"(25) The term 'individual supports' means services, supports, 
and other assistance that enable persons with developmental 
disabilities to be independent, productive, and integrated into 
their communities, and that are designed to— 
"(A) enable the person to control his or her environment, 
permitting the most independent life possible, 
"(B) prevent placement into a more restrictive living 
arrangement than is necessary, and 
"(C) enable the person to live, learn, work, and enjoy life 
in the community. 
Such term includes personal assistance services, assistive tech-
nology, vehicular and home modifications, support at work, and 
transportation. 
"(26) The term 'community supports' means providing activi-
ties, services, supports, and other assistance to persons with 
developmental disabilities, and the families and communities of 
such persons, that are designed to— 
"(A) assist neighborhoods and communities to be more 
responsive to the needs of persons with developmental 
disabilities and their families, 
"(B) develop local networks which can provide informal 
support, and 
'(C) make communities accessible and enable commu-
nities to offer their resources and opportunities to persons 
with developmental disabilities and their families. 
Such term includes community education, personal assistance 
services, vehicular and home modifications, support at work, 
and transportation. 
"(27) The term 'system coordination and community edu-
cation activities' means activities that— 
"(A) eliminate barriers to access and eligibility for serv-
ices, supports, and other assistance, 
"(B) enhance systems design and integration including 
the encouragement of the creation of local case manage-
ment and information and referral statewide systems, and 
"(C) enhance individual, family and citizen participation 
and involvement. 
"(28) The term 'assistive technology device' means any item, 
piece of equipment, or product system, whether acquired 
104 STAT. 1194 
PUBLIC LAW 101-496—OCT. 31, 1990 
commercially, modified or customized, that is used to increase, 
maintain, or improve functional capabilities of a person with a 
developmental disability. 
"(29) The term 'assistive technology service' means any serv-
ice that directly assists a person with a developmental disability 
in the selection, acquisition, or use of an assistive technology 
device. Such term includes— 
"(A) the evaluation of the needs of a person with a 
developmental disability, including a functional evaluation 
of the person in the person's customary environment; 
"(B) purchasing, leasing or otherwise providing for the 
acquisition of assistive technology devices by a person with 
a developmental disability; 
"(C) selecting, designing, fitting, customizing, adapting, 
appljdng, maintaining, repairing or replacing assistive tech-
nology devices; 
"(D) coordinating and using other therapies, interven-
tions, or services with assistive technology devices, such as 
therapies, interventions or services associated with existing 
education and rehabilitation plans and programs; 
"(E) training or technical assistance for a person with 
developmental disabilities, or, where appropriate, the 
family of a person with a developmental disability; and 
"(F) training or technical assistance for professionals 
(including persons providing education and rehabilitation 
services), employers, or other persons who provide services 
to, employ, or are otherwise substantially involved in the 
major life functions of a person with developmental disabil-
ity. 
"(30) The term 'prevention' means activities which address 
the causes of developmental disabilities and the exacerbation of 
functional limitations, such as activities which— 
"(A) eliminate or reduce the factors which cause or pre-
dispose persons to developmental disabilities or which in-
crease the prevalence of developmental disabilities; 
"(B) increase the early identification of existing problems 
to eliminate circumstances that create or increase func-
tional limitations; and 
"(C) mitigate against the effects of developmental disabil-
ities throughout the person's lifespan.". 
SEC. 5. FEDERAL SHARE. 
42 use 6002. 
Section 103 of the Act is amended— 
(1) in subsection (a), by striking "located" and inserting 
"whose activities or products target people who live"; 
(2) in subsection (b) by striking "is located" and inserting 
"activities or products target people who live"; and 
(3) in subsection (c) by inserting "part B o f before "this". 
SEC. 6. REPORTS. 
42 use 6006. 
Section 107 of the Act is amended— 
(1) in subsection (a)— 
(A) by striking "each annual survey" and all that follows 
through the semicolon in paragraph (4) and inserting "any 
intermediate care facility for the mentally retarded in such 
State, and with respect to each annual survey report pre-
pared pursuant to section 1902(aX31XC) of the Social Secu-
• ^ 4..^^"^>*?i--|-»^* -^'" 
PUBLIC LAW 101-496—OCT. 31, 1990 
104 STAT. 1195 
rity Act and each correction or reduction plan prepared 
pursuEint to section 1922 of such Act;"; and 
(B) in paragraph (5)— 
(i) by striking "and advocacy for," and inserting "ad-
vocacy for, and other actions on behalf of and with"; 
(ii) by inserting "particularly unserved and under-
served groups," after "impairments,"; and 
(iii) by striking "that the State Planning Council may 
identify under sections 122(bX3) and 122(f)" and insert-
ing ", and a summary of actions taken to improve 
access to and services for unserved and underserved 
groups that the State Planning Council may have 
identified"; 
(2) in subsection (c)(1)— 
(A) by striking "April" and inserting "July"; and 
(B) by striking "the Handicapped" and inserting "Disabil-
ity"; and 
(3) in subsection (cXlXC)— 
(A) by striking "and advocacy for," and inserting "ad-
vocacy for, and other actions on behalf of,"; 
(B) by inserting "particularly unserved or underserved 
groups,' after "impairments,"; 
(C) by striking "may identify" and inserting "has identi-
fied"; and 
(D) by inserting ", and a summary of actions taken to 
improve access to services for such groups" before the 
semicolon. 
SEC. 7. RESPONSIBILITIES OF THE SECRETARY. 
Section 108(b) of the Act is amended— 
(1) by inserting after "Developmental Disabilities" the second 
place such term appears the following: "the Administration on 
Children, Youth and Families, the Administration on Aging, 
and the Health Resources and Services Administration,"; and 
(2) by inserting at the end thereof the following: "Each meet-
ing of the intergigency committee (except for any meetings of 
any subcommittees of the committee) shall be open to the 
public. Notice of each meeting, and a statement of the agenda 
for the meeting, shall be published in the Federal Register not 
later than 14 days before the date on which the meeting is to 
occur.". 
SEC. 8. EMPLOYMENT. 
Section 109 of the Act is amended by striking "1973". 
SEC. 9. RIGHTS OF PERSONS WITH DEVELOPMENTAL DISABILITIES. 
Section 110(4XA) of the Act is amended by striking "January 17, 
1974 (39 Fed. Reg. pt. II)" and inserting "June 3,1988'° 
SEC. 10. PURPOSE. 
Section 121 of the Act is amended by inserting "and their fami-
lies" before "through the conduct of. 
SEC. 11. STATE PLAN. 
Section 122 of the Act is amended— 
(1) in paragraph (1)(B) of subsection (b), by amending the first 
sentence to read as follows: "The plan must designate the State 
agency (hereafter in this part referred to as the 'designated 
42 use 6007. 
Public 
information. 
Federal 
Register, 
publication. 
42 use 6008. 
42 use 6009. 
42 use 6021. 
42 u s e 6022. 
104 STAT. 1196 
PUBLIC LAW 101-496—OCT. 31, 1990 
State agency') which, on behalf of the State, shall receive, 
account for, and disburse funds under this part based on the 
State plan required in section 122, and shall provide required 
Eissurances and other administrative support services."; 
(2) in paragraph (2)(C) of subsection (b)— 
(A) by inserting ", supports and other assistance" after 
"scope of services"; 
(B) by inserting ", or policies affecting," before "feder-
ally"; 
(C) by inserting "or may be" before "eligible to"; 
(D) by inserting "child welfare," after "social services,"; 
(E) by inserting "transportation, technology," 
after 
"housing,"; 
(F) by striking "other plans" and inserting "other pro-
grams"; and 
(G) by striking "and (ii)" and inserting "(ii) the extent to 
which such federally assisted State programs develop and 
pursue interagency initiatives aimed at improving and 
enhancing services, supports and other assistance, which 
result in increased independence, productivity, and integra-
tion into the community for persons with developmental 
disabilities, and (iii)"; 
(3) in paragraph (2) of subsection (b)— 
(A) by redesignating subparagraphs (D) and (E) as sub-
paragraphs (E) and (F), respectively; 
(B) by inserting "and their families" after "disabilities" 
in subparagraph (C)(iii) (as so redesignated); and 
(C) by inserting after subparagraph (C) the following new 
subparagraph: 
Reports. 
"(D) assess, and if appropriate, update the findings of the 
report conducted pursuant to subsection (f), and report on any 
progress achieved concerning issues identified in the report 
conducted pursuant to such subsection in the previous fiscal 
year;"; 
(4) in paragraph (5)(B) of subsection (b)— 
(A) by redesignating clauses (iii) through (vi) as clauses (v) 
through (viii), respectively; and 
(B) by inserting after clause (ii) the following new clauses: 
"(iii) an analysis of the special and common needs of all 
subpopulations of persons with developmental disabilities; 
"(iv) consideration of the report conducted pursuant to 
subsection (f);"; 
(5) in paragraph (5XDXi) of subsection (b)— 
(A) by striking "and the implementation" and inserting 
"the implementation"; and 
(B) by striking the period at the end and inserting in lieu 
thereof the following: ", and activities which address the 
implementation of recommendations made in the report 
described in subsection (f), including recommendations 
which address unserved and underserved populations."; 
(6) in paragraph (1) of subsection (d)— 
(A) by striking "administration of the State Plan ap-
proved under this section" and inserting "exercise of the 
functions of the State designated agency"; 
(B) by striking "all of the State agencies designated under 
subsection (bXlXB) for the administration or supervision of 
PUBLIC LAW 101-496—OCT. 31, 1990 
104 STAT. 1197 
the administration of the State plan" and inserting "the 
State agency designated under subsection (b)(1)(B)"; and 
(C) by inserting at the end thereof the following new 
sentence: "State contributions pursuant to this paragraph 
may be counted as part of such State's non-Federal share of 
allotments under this part."; 
(7) by adding at the end of subsection (e) the following new 
paragraph: 
"(5) After October 1, 1990, the Planning Council may issue a 
request for a review of the designation of the designated State 
agency by the Governor."; and 
(8) by striking paragraphs (4) and (5) of subsection (f) and 
inserting the following new paragraph: 
"(4) Each State Planning Council shall utilize the information 
developed pursuant to paragraphs (1), (2), and (3) in developing the 
State plan.^'. 
SEC. 12. STATE PLANNING COUNCILS. 
Section 124 of the Act is amended— 
42 USC 6024. 
(1) in subsection (a)— 
(A) by striking "which will" and inserting "to"; and 
(B) by striking the period at the end thereof and inserting 
"by carrying out priority area activities."; 
(2) in paragraph (1) of subsection (c)— 
(A) by striking "may" and inserting "shall"; and 
(B) by striking "hire" and inserting "fund all activities 
under this part (except administrative costs described in 
section 122(d)(1)) and to hire"; 
(3) in subsection (c)^-
(A) by redesignating paragraph (2) as paragraph (3); and 
(B) by inserting after paragraph (1) the following new 
paragraph: 
"(2) Each State Planning Council shall, consistent with State law, 
hire a Director of the State Planning Council who shall be super-
vised and evaluated by the State Planning Council and who shall 
hire and supervise the staff of the State Planning Council."; and 
(4) in paragraph (1) of subsection (d) by striking "jointly with" 
and inserting "and submit after consultation with". 
SEC. 13. STATE ALLOTMENTS. 
Paragraphs (3), (4), (5) and (6) of 
subsection (a) of 
section 125 of 
the Act 
42 usc 6025. 
are amended to read as follows: 
"(3)(A) Except as provided in paragraph (4), for any Hscal year 
the allotment under paragraph (1)— 
"(i) to each of American Samoa, Guam, the Virgin Is- Territories. 
lands, the Commonwealth of the Northern Mariana Islands, 
the Republic of the Marshall Islands, the Federated States 
of Micronesia, or the Republic of Palau may not be less 
than $200,000; and 
"(ii) to any other State may not be less than the greater of 
$350,000 or the amount of the allotment (determined with-
out regard to subsection (d)) received by the State for the 
fiscal year ending September 30,1990. 
"(B) Notwithstanding subparagraph (A), if the aggregate of 
the amounts to be allotted to each State pursuant to subpara-
graph (A) in any fiscal year exceeds the total amount appro-
priated under section 130 for such fiscal year, the amount to be 
104 STAT. 1198 
PUBLIC LAW 101-496—OCT. 31, 1990 
Territories. 
Puerto Rico. 
District of 
Columbia. 
42 use 6030. 
42 use 6042. 
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 appro-
priated under section 130 for such fiscal years bears to the total 
of the amount 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 exceeds $65,000,000, the allotment under 
paragraph (1) for such fiscal year— 
"(A) to each of American Samoa, Guam, the Virgin Is-
lands, the Commonwealth of the Northern Mariana Islands, 
the Republic of the Marshall Islands, the Federated States 
of Micronesia, or the Republic of Palau may not be less 
than $210,000; and 
"(B) to each of the several States, Puerto Rico or the 
District of Columbia may not be less than $400,000. 
"(5) In determining, for purposes of paragraph (IXB), the 
extent of need in any State for services for persons with devel-
opmental disabilities, the Secretary shall take into account the 
scope and extent of the services described, pursuant to section 
122(bX2XC), in the State plan of the State. 
"(6) In any case in which the total amount appropriated under 
section 130 for a fiscal year exceeds the total amount appro-
priated under such section for the preceding fiscal year by a 
percentage greater than the most recent percentage change in 
the Consumer Price Index published by the Secretary of Labor 
under section lOO(cXl) of the Rehabilitation Act of 1973, the 
Secretary shall increase each of the minimum allotments under 
paragraphs (3) and (4) by an amount which bears the same ratio 
to the amount of such minimum allotment (including any in-
creases in such minimum allotment under this paragraph for 
prior fiscal years) as the amount which is equal to the difference 
between— 
"(A) the total smiount appropriated under section 130 for 
the fiscal year for which the increase in minimum allot-
ment is being made, minus 
"(B) the total amount appropriated under section 130 for 
the immediately preceding fiscal year, 
bears to the total amount appropriated under section 130 for 
such preceding fiscal year.". 
SEC. 14. PART B AUTHORIZATION OF APPROPRIATIONS. 
Section 130 of the Act is amended by striking "$62,200,000" and 
all that follows through the period at the end thereof and inserting 
"$77,400,000 for fiscal year 1991, and such sums as may be necessary 
for each of the fiscal years 1992 and 1993.". 
SEC. 15. SYSTEM REQUIRED. 
Section 142 of the Act is amended— 
(1) in subsection (a)— 
(A) by striking subparagraph (C) of paragraph (2) and 
inserting the following new subparagraph: 
"(C) on an annual basis, develop a statement of objectives 
and priorities, and provide to the public, including persons 
with disabilities and their representatives, as appropriate, 
the developmental disability council and the university 
PUBLIC LAW 101-496—OCT. 31, 1990 
104 STAT. 1199 
affiliated program (if applicable within a State), an oppor-
tunity to comment on the objectives and priorities estab-
lished by, and activities of, the system, including— 
"(i) the objectives and priorities for the system's 
activities for each year, and the rationale for the 
establishment of such objectives; and 
"(ii) the coordination with the advocacy programs set 
out in the Rehabilitation Act of 1973, the Older Ameri-
cans Act of 1965, and the Protection and Advocacy for 
the Mentally 111 Act."; 
(B) by striking "and" at the end of clause (i) of paragraph 
(2)(G); 
(C) by inserting "as a result of monitoring or other activi-
ties" before "there is" in subclause (III) of paragraph 
(2)(G)(ii)by-
(D) by inserting "and" at the end of paragraph 
(2)(G)(ii)(III); 
(E) by inserting after clause (ii) of paragraph (2)(G) the 
following new clause: 
"(iii) any person with a developmental disability who has Health care. 
a legal guardian, conservator, or other legal representative 
Safety, 
with respect to whom a complaint has been received by the 
system or with respect to whom there is probable cause to 
believe the health or safety of the individual is in serious 
and immediate jeopardy whenever— 
"(I) such representatives have been contacted by such 
system upon receipt of the name and address of such 
representatives; 
"(II) such system has offered assistance to such rep-
resentatives to resolve the situation; and 
"(III) such representatives have failed or refused to 
act on behalf of the person;"; and 
(F) in paragraph (5), by striking "unless notice has been 
given of the intention to make redesignation to persons 
with developmental disabilities or their representatives" 
and inserting "unless— 
"(A) notice has been given of the intention to make such 
redesignation to the eigency that is serving as the system 
including the good cause for such redesignation and the 
agency has been given an opportunity to respond to the 
assertion that good cause has been shown; 
"(B) timely notice and opportunity for public comment in 
an accessible format has been given to persons with devel-
opmental disabilities or their representatives; and 
"(C) the system has the opportunity to appeal to the 
Secretary that the redesignation was not for good cause"; 
and 
(2) in subsection (b)(2), by striking "the Secretary may" and 
inserting "the Secretary shall"; and 
(3) by adding at the end thereof the following new subsections: 
"(d) In States in which the system is organized £is a private 
nonprofit entity with a multimember governing board, or a public 
system with a multimember governing board, such governing board 
shall be selected according to the policies and procedures of the 
system, except that— 
104 STAT. 1200 
PUBLIC LAW 101-496—OCT. 31, 1990 
Health records. 
42 use 6043. 
Colleges and 
universities. 
Educational 
study progreims. 
Medical 
research. 
42 use 6062. 
"(1) the governing board shall be composed of members who 
broadly represent or are knowledgeable about the needs of the 
individuals served by the system; 
"(2) not more than V
a of the membership of the governing 
board may be appointed by the chief executive officer of the 
State involved, in the case of any State in which such officer has 
the authority to appoint the membership of the board; and 
"(3) any vacancy in the board shall be filled not later than 60 
days after the date on which the vacancy occurs, 
"(e) As used in this section the term 'records' includes reports 
prepared or received by any staff of a facility rendering care or 
treatment, or reports prepared by an agency or staff person charged 
with investigating reports of incidents of abuse or neglect, injury or 
death occurring at such facility that describes incidents of abuse, 
neglect, injury or death occurring at such facility and the steps 
taken to investigate such incidents, and discharge planning records. 
"(f) If the laws of a State prohibit a system from obtaining access 
to records of persons with developmental disabilities the provisions 
of subparagraph (A) of paragraph (2) of subsection (a) shall not apply 
to such system before— 
"(1) the date such system is no longer subject to such prohibi-
tion; or 
"(2) the expiration of the 1-year period beginning on the date 
of enactment of this Act, whichever occurs first. 
"(gXl) Nothing in this Act shall preclude the systems described 
under this section from bringing a suit on behalf of persons with 
developmental disabilities against a State, or agencies or instrumen-
talities of a State. 
"(2) Amounts received pursuant to paragraph (1) through court 
judgments and used by the system are limited to furthering the 
purpose of this part and shall not be used to augment pajonents to 
legal contractors or to award personal bonuses. 
"(h) Notwithstanding any other provision of law, the Secretary 
shall pay directly to any system which complies with the provisions 
of this section the amount of such system's allotment under this 
section, unless the system delegates otherwise.". 
SEC. 16. PART C AUTHORIZATION OF APPROPRIATIONS. 
Section 143 of the Act is amended by striking "$20,000,000" and 
all that follows through the period at the end thereof and inserting 
"$24,200,000 for fiscal year 1991, and such sums as may be necessary 
for each of the fiscal years 1992 and 1993.". 
SEC. 17. GRANT AUTHORITY. 
Section 152 of the Act is amended— 
(1) in subsection (bXD— 
(A) by striking "sufficient size and scope" in subpara-
graph (A); 
(B) by striking "and community-based" in subparagraph 
(A) and inserting "community-based"; and 
(C) by striking the period at the end of subparagraph (A) 
and inserting the following: ", positive behavior manage-
ment programs (as described in paragraph (5)), assistive 
technology programs (as described in paragraph (6)) and 
programs in other areas qf national significance as deter-
mined by the university affiliated program, in consultation 
PUBLIC LAW 101-496—OCT. 31, 1990 
104 STAT. 1201 
with the State Planning Council (as described in paragraph 
(7))."; 
(D) by striking subparagraph (B); 
(E) by redesignating subparagraph (C) £is subparagraph 
(F); 
(F) by inserting after subparagraph (A) the following new 
subparagraphs: 
"(BXi) Grants awarded under this subsection shall be in the 
amount of $90,000. 
"(ii) The Secretary may waive the provisions of clause (i) and 
award grants under this subsection in an amount which does not 
exceed $150,000, if the Secretary determines that such grants are of 
such sufficient scope and quality so as to address issues of national 
significance as identified in the report conducted pursuant to section 
122(f). 
"(iii) If an appropriately convened peer review panel determines 
that applications submitted by university affiliated programs for 
training programs under this part in any fiscal year insufficiently 
address quality criteria established under subparagraph (D), the 
Secretary shall, pursuant to regulations issued under this Act, 
award any amounts available for carr5dng out the purposes of this 
section to other university affiliated programs which the Secretary 
determines will use the funds in accordance with subsection 
(bXlXBXii). The Secretary may make such awards for a period not to 
exceed 3 years to applicants whose applications are determined to be 
of minimal quality by peer review, notwithstanding the provisions of 
(bXlXBXi). 
"(C) Grants under this section shall be awarded on a competitive 
basis. Grants awarded under this section shall be awarded for a 
period of 3 years. 
"(D) The Secretary shall require appropriate technical and quali-
tative peer review of applications for assistance under this subsec-
tion by peer review groups as established under section 153(e)(4) 
using the following criteria: 
"(i) The university affiliated program shall present evidence 
that core training assisted by funds awarded under this section 
is— 
"(I) competency and value based; 
"(II) designed to facilitate independence, productivity and 
integration for persons with developmental disabilities; and 
"(III) evaluated utilizing state of the art evaluation tech-
niques in the programmatic areas selected, 
"(ii) Core training shall— 
"(I) represent state-of-the-art techniques in areas of criti-
cal shortage of personnel which are identified through 
consultation with the citizens advisory group designated 
pursuant to subsection (f) and the State Planning Council; 
"(II) be conducted in consultation with the citizens ad- 
, 
visory group designated under subsection (f) and the State 
developmental disabilities planning council; 
"(III) be integrated into the appropriate university affili-
ated program and university curriculum; 
"(IV) be integrated with relevant State agencies in order 
to achieve an impact on statewide personnel and service 
needs; 
"(V) to the extent practicable, be conducted in environ-
ments where services are actually delivered; and 
104 STAT. 1202 
PUBLIC LAW 101-496—OCT. 31, 1990 
Consumer 
protection. 
"(VI) to the extent possible, be interdisciplinary in 
nature. 
"(EXi) Grants awarded under this subsection shall not be used for 
administrative expenses. 
"(ii) Grants awarded under this subsection shall not be used to 
carry out the provisions of subsection (a)."; 
(2) in subsection (b), by adding at the end thereof the following 
new paragraphs: 
"(5) Grants awarded under this subsection for training projects 
with respect to positive behavior management intervention pro-
grams shall be for the purpose of assisting university affiliated 
programs in providing training to families, foster parents, para-
professionals, other appropriate community-based staff, and institu-
tional staff, including health care staff and behavioral specialists, 
who provide or will provide, positive behavior management inter-
ventions for persons with developmental disabilities. Such training 
interventions shall include— 
"(A) ethical principles and standards; 
"(B) appropriate assessment of the origin of behavior prob-
lems including antecedent behaviors, the environment, medical 
problems (including seizure disorders), other neurological prob-
lems, or medication side effects; 
"(C) the development of a positive behavior management 
plan; 
"(D) the use of positive reinforcements appropriate to the 
developmental level of the person; 
"(E) the use of emergency procedures; and 
"(F) the administration of appropriate psychotropic drugs 
including drugs which the person may be taking for other 
conditions such as seizure disorders. 
"(6) Grants under this subsection for training projects with re-
spect to assistive technology programs shall be for the purpose of 
Eissisting university affiliated programs in providing training to 
allied health personnel and other personnel who provide or will 
provide, assistive technology services to persons with developmental 
disabilities. Such projects may provide training and technical assist-
ance to improve the quality of service delivery in community-based, 
nonprofit consumer and provider service programs for persons with 
developmental disabilities and may include stipends and tuition 
assistance from such organizations. Such projects shall be coordi-
nated with State technology coordinating councils wherever such 
councils exist. 
"(7) Grants under this subsection for training projects with re-
spect to programs in other areas of national significance shall be for 
the purpose of training personnel in an area of special concern to 
the university affiliated program, and shall be developed in con-
sultation with the State Planning Council."; and 
(3) by adding at the end thereof the following new subsections: 
"(f) The Secretary shall only make grants under this section to 
university affiliated programs which establish a consumer advisory 
committee comprised of consumers, family members, representa-
tives of State protection and advocacy systems, developmental 
disabilities councils (including State service agency directors), local 
agencies, and private nonprofit groups concerned with providing 
services for persons with developmental disabilities. 
"(g) A university affiliated program shall not be eligible to receive 
funds for training projects pursuant to this section unless— 
PUBLIC LAW 101-496—OCT. 31, 1990 
104 STAT. 1203 
"(1) such program has operated for at least 1 year; or 
"(2) the Secretary determines that such project has dem-
onstrated the capacity to develop an effective training program 
during the first year such program is operated.". 
SEC. 18. APPLICATIONS. 
Section 153 of the Act is amended— 
42 use 6063. 
(1) in subsection (dX3)— 
Colleges and 
(A) by striking "1988, 1989, and 1990" in subparagraph 
"'^i^^'-sities. 
(A) and inserting "1991,1992, and 1993"; 
(B) by adding at the end of subparagraph (A) the follow-
ing new sentence: "The Secretary shall solicit and may 
approve applications pursuant to this paragraph which 
encompass multiple universities within the same State 
university system or two or more universities which are 
(C) by striking "1987" and inserting "1990" in subpara-
graph (B); and 
(D) by adding at the end of subparagraph (B) the follow-
ing: "If an insufficient number of quality applications, as 
determined by a peer review process, from such unserved 
States have not been received in any fiscal year, the Sec-
retary may consider applications for such fiscal year from 
States that are served by a university affiliated program or 
satellite center which is not able to serve particular geo-
graphic regions of the State, only if such applications dem-
onstrate a need for additional training within the State and 
an exemplary service capacity to serve individuals within 
the State."; 
(2) in subsection (eXl)— 
(A) by striking "by regulation"; and 
(B) by striking the period at the end thereof and inserting 
the following: 
, including on-site visits or inspections as 
necessary. Such peer review shall be coordinated, as appro-
priate, with 
the 
peer 
review 
described 
in 
section 
152(bXlXD).". 
SEC. 19. PART D AUTHORIZATION OF APPROPRIATIONS. 
Section 154 of the Act is amended to read as follows: 
"SEC. 154. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 6064. 
"(a) For the purpose of grants under subsections (a), (d), and (e) of 
section 152, there are authorized to be appropriated $11,000,000 for 
fiscal year 1991, and such sums as may be necessary for each of the 
fiscal years 1992 and 1993. 
"Oa) For the purpose of grants under section 1520^) and 152(c), 
there are authorized to be appropriated $5,500,000 for fiscal year 
1991, and such sums as may be necessary for each of the fiscsil years 
1992 and 1993. 
"(c) The Secretary may use funds appropriated under subsection 
(a) for the purposes described in subsection (b).". 
SEC. 20. PURPOSE. 
Section 161 of the Act is amended by striking the period at the end 42 USC 6081. 
thereof and inserting the following: ", and to support the develop-
ment of national and State policy which enhances the independence, 
productivity, and integration of persons with developmental disabil-
104 STAT. 1204 
PUBLIC LAW 101-496—OCT. 31, 1990 
ities through data collection and analysis, technical assistance to 
program components, technical assistance for the development of 
information and referral systems, educating polic5anakers. Federal 
interagency initiatives, and the enhancement of minority participa-
tion in public and private sector initiatives in developmental disabil-
ities.". 
SEC. 21. GRANT AUTHORITY. 
42 use 6082. 
Section 162(a) of the Act is amended— 
(1) in paragraph (1) by inserting "improve supportive living 
and quality of life opportunities which enhance recreation, 
leisure and fitness," after "referral system,"; and 
(2) in paragraph (2) to read as follows: 
"(2) technical assistance and demonstration projects (includ-
ing research, training, and evaluation in connection with such 
projects) which expand or improve the functions of the State 
Planning Council, the functions performed by university affili-
ated programs and satellite centers under part D, and protec-
tion and advocacy system described in section 142.". 
SEC. 22. PART E AUTHORIZATION OF APPROPRIATIONS. 
42 use 6083. 
Section 163 of the Act is amended to read as follows: 
"SEC. 163. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—To carry out this part, there are authorized to 
be appropriated $3,650,000 for fiscal year 1991, and such sums as 
may be necessary for each of the fiscal years 1992 and 1993. 
"(b) LIMITATION.—At least 8 percent, but not less than $300,000, of 
the funds appropriated pursuant to the authority of subsection (a) 
shall be used to carry out the provisions of section 162(aX2).". 
Approved October 31, 1990. 
LEGISLATIVE HISTORY—S. 2753 (H.R. 5679): 
HOUSE REPORTS: No. 101-803 accompanying H.R. 5679 (Comm. on Energy and 
Commerce). 
SENATE REPORTS: No. 101-376 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Aug. 2, considered and passed Senate. 
Oct. 1(), H.R. 5679 considered and passed House; S. 2753, amended, passed in 
lieu. 
Oct. 12, Senate concurred in House amendments.