Developmental Disabilities Act of 1984
PL 98-527 (H.R.5603), enacted 10/19/1984

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 use 6000 
note. 
Developmental 
Disabilities 
Assistance and 
Bill of Rights 
Act. 
42 use 6000 
note. 
42 use 6000. 
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 Commu-
nity 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 
"SEC. 100. This title may be cited as the 'Developmental Disabil-
ities Assistance and Bill of Rights Act'. 
"FINDINGS AND PURPOSES 
"SEC. 101. (a) The Congress finds that— 
"(1) there are more than two million persons with develop-
mental disabilities in the United States; 
"(2) individuals with disabilities occurring during their devel-
opmental period Eire more vulnerable and less able to reach an 
independent level of existence than other handicapped individ-
uals who generally have had a normal developmental period on 
which to draw during the rehabilitation process; 
"(3) persons with developmental disabilities often require spe-
cialized 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 special-
ized 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 pro-
grams, especially programs that reduce or eliminate the need 
for institutional care, to meet the needs of persons with develop-
mental disabilities. 
"(bXD 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, produc-
tivity, 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— 
PUBLIC LAW 98-527—OCT. 19, 1984 
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 Rehabili-
tation Act of 1973 or other health, education, or welfare pro- 2
9 use 701 note. 
grams; 
"(B) to eissist States in appropriate planning activities; 
"(C) to make grants to States and public and private, non- Grants. 
profit ^encies to establish model programs, to demonstrate 
innovative habilitation techniques, and to train professional 
and paraprofessional personnel with respect to providing serv-
ices to persons with developmental disabilities; 
"(D) to make grants to university affiliated facilities to assist Grants. 
them in administering and operating demonstration facilities 
for the provision of services to persons with developmental 
disabilities and interdisciplinary training programs for person-
nel needed to provide specialized services for these persons; and 
"(E) to make grants to support a system in each State to Grants. 
protect the legal and human rights of all persons with develop-
mental disabilities. 
"DEFINITIONS 
"SEC. 102. For purposes of this title: 
42 use 600i. 
"(1) The term 'State' includes Puerto Rico, Guam, the Com-
monwealth 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 disabil-
ities' means a facility, or a specified portion of a facility, de-
signed 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 develop-
mental disabilities' and 'nonprofit private institution of higher 
learning' mean, respectively, a facility for persons with develop-
mental 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, £ind recreation facilities); 
including architect's fees, but excluding the cost of offsite im-
provements 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 oper-
ation of the project. 
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 twenty-
two; 
"(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) self-
care, (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, treat-
ment, 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, emplojmient status, or job 
advancement, or 
"(B) engagement by a person with developmental dis-
abilities 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 dis-
abilities in the same community activities in which 
nonhandicapped citizens participate, 
together with regular contact with nonhandicapped citi-
zens, and 
"(B) the residence by persons with developmental disabil-
ities in homes or in home-like settings which are in proxim-
ity 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 disabil-
ities, including diagnosis, evaluation, treatment, personal 
care, day care, domiciliary care, special living arrange-
ments, training, education, sheltered employment, recrea-
tion and socialization, counseling of the person with such 
disability and the family of such person, protective and 
other social and sociolegal services, information and refer-
ral services, follow-along services, nonvocational social-de-
velopmental services, transportation services necessary to 
assure delivery of services to persons with developmental 
disabilities, and services to promote and coordinate activi-
ties to prevent developmental disabilities. 
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 per-
sons with developmental disabilities, professionals, and vol-
unteers, 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 commu-
nity 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 devel-
opmental disabilities in developing or maintaining suitable resi-
dential arrangements in the community, including in-house 
services (such as personsil aides and attendants and other do-
mestic assistance and supportive services), family support serv-
ices, foster care services, group living services, respite care, 
recreation and socialization services, and staff training, place-
ment, and maintenance services. 
"(E) The term 'emplo5rment 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 emplo)mient preparation 
and vocational training leading to supported emplojnnent, in-
centive programs for employers who hire persons with develop-
mental disabilities, services to assist transition from special 
education to emplojnnent, and services to assist transition from 
sheltered work settings to supported emplo3nnent settings or 
competitive emplo5anent. 
"(F) The term 'supported employment' means paid employ-
ment which— 
"(i) is for persons with developmental disabilities for 
whom competitive emplojonent 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 em-
ploved; 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 serv-
ices as will assist in the prevention, identification, and allevi-
ation 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. 
98 STAT. 2666 
PUBLIC LAW 98-527—OCT. 19, 1984 
"(H) The term 'case management services' means such serv-
ices 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 con-
tinuing relationship, lifelong if necessary, between an 
agency or provider and a person with a developmental 
disability and the person's immediate relatives or guard-
ians, 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 coordina-
tion of) other services, information on programs and serv-
ices, and monitoring of the persons' progress. 
"(12) The term 'satellite center' means a public or private 
nonprofit entity which— 
"(AXi) 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 ade-
quate services are not otherwise available; smd 
"(iii) may engage in the activities described in subpara-
graph (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 con-
cerned with the provision of direct or indirect services 
to persons with developmental disabilities; and 
"(ii) dissemination of findings relating to the provi-
sion of services to persons with developmentfd disabil-
ities. 
"(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 de-
velopmental disabilities in settings which are inte-
grated in the community; and 
"(ii) technical assistance to generic and specialized 
agencies to provide services to increase the independ-
ence, productivity, and integration into the community 
of persons with developmental disabilities, such as the 
development and improvement of quality assurance 
mechanisms. 
"(CXi) Dissemination of findings relating to the provision 
of services under subparagraph (B) of this paragraph, and 
(ii) providing researchers and government agencies sponsor-
ing 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 
PUBLIC LAW 98-527—OCT. 19, 1984 
98 STAT. 2667 
Post, p. 2675. 
Prohibition. 
42 u s e 6002. 
Post, p. 2670. 
Prohibition. 
Post, p. 2681. 
independence, productivity, and integration into the com-
munity 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 Plan-
ning Council established under section 124. 
"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 re-
spect 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 regula-
tion 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. 
"RECORDS AND AUDIT 
"SEC. 104. (a) Each recipient of assistance under this title shall 42 use 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 use 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 organiza-
tion 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. 
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 Secre-
tary, 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 use 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 use 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 preced-
ing fiscal year. 
(cXl) 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 sup-
pose, 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 independ-
ence, productivity, and integration into the community of per-
sons with developmental disabilities and any activities or serv-
ices 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-
PUBLIC LAW 98-527—OCT. 19, 1984 
98 STAT. 2669 
Regulations. 
42 use 6007. 
Interagency 
committee, 
establishment. 
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 Devel-
opmental 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 Adminis-
tration for Developmental Disabilities of the Department of Health 
and Human Services, the Office of Special Education and Rehabili-
tative 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 Fed-
eral departments and agencies for persons with developmental 
disabilities. 
"EMPLOYMENT OF HANDICAPPED INDIVIDUALS 
"SEC. 109. As a condition of providing assistance under this title, 42 use 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 emplo3anent of such individuals by the 
provisions of the Rehabilitation Act of 1973 which govern employ- 2
9 use 70i note. 
ment (1) by State rehabilitation agencies and rehabilitation facili-
ties, and (2) under Federal contracts and subcontracts. 
"RIGHTS OF THE DEVELOPMENTALLY DISABLED 
"SEC. 110. Congress makes the following findings respecting the 4
2 use 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 pro-
vided 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 de-
velopmental disabilities that— 
"(A) does not provide treatment, services, and habilita-
tion 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. 
98 STAT. 2670 
PUBLIC LAW 98-527—OCT. 19, 1984 
"(iii) Prohibition of the use of physical restraint on 
such persons unless absolutely necessary and prohibi-
tion 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 re-
straints as punishment or as a substitute for a habilita-
tion program or in quantities that interfere with serv-
ices, 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 stand-
ards 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— 
Housing. 
"(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 
45CFR234, 
Secretary on January 17, 1974 (39 Fed. Reg. pt. II), as 
248-250. 
appropriate when taking into account the size of the insti-
tutions and the service delivery arrangements of the facili-
ties of the programs; 
Housing. 
"(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 facili-
ties 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 use 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 use 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. 
PUBLIC LAW 98-527—OCT. 19, 1984 
98 STAT. 2671 
"(b) In order to be approved by the Secretary under this section, a 
State plan for the provision of services for persons with developmen-
tal disabilities must meet the following requirements: 
"(IXA) 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 revi-
sion 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 sub-
paragraph (A). 
"(3) The plan must contain or be supported by assurances satisfac-
tory to the Secretary that— 
"(A) the funds paid to the State under section 125 will be used 
to make a significant contribution toward strengthening serv-
ices for persons with developmental disabilities through agen-
cies 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; 
98 STAT. 2672 
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(bXlXB) 
for the provision of services by such agency or agencies; 
Post, p. 2676. 
"(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 canying out the State plan. 
"(4XA) 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 state-
wide 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: 
(iXD 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 provi-
sion of three priority services, 
"(ii) For any fiscal year after fiscal year 1986 for which the 
Post, p. 2679. 
total appropriations under section 130 are at least $50,250,000, 
the plan shall provide for the provision of emplojmient 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 
Ante, p. 2663. 
102(llXAXii). 
Regulations. 
"(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 £igency under section 618(bX3) of the 
20 use 1418. 
Education of the Handicapped Act. 
Funds. 
"(EXi) 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 
PUBLIC LAW 98-527—OCT. 19, 1984 
98 STAT. 2673 
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 
assistance shall be given to agencies or entities providing services 
for persons with developmental disabilities who are residents of 
geographical areas designated as urban or rural poverty areas. 
"(5)(AXi) 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). 
"(B) The plan must provide that services are provided in an 
individualized manner consistent with the requirements of section 
123 (relating to habilitation plans). 
"(C) The plan must contain or be supported by assurances satisfac-
tory 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). 
"(D) The plan must provide assurances that the State has under-
taken affirmative steps to assure the participation in programs 
under this title of individuals generally representative of the popu-
lation 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 
the State Planning Council with a copy of each annual survey report 
and plan of corrections for cited deficiencies prepared pursuant to 
section 1902(aX31XB) of the Social Security Act with respect to any 
intermediate care facility for the mentadly retarded in such Static 
within 30 days after the completion of each such report or plan. 
"(6XA) The plan must provide for the maximum utilization of all 
available community resources including volunteers serving under 
the Domestic Volunteer Service Act of 1973 and other appropriate 
voluntary organizations, except that such volunteer services shall 
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 Secre-
tary 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. 
* (7) The plan also must contain such additional information and 
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 modifica-
tion 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. 
"(dXD 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 
Rural areas. 
Urban areas. 
42 u s e 4152 
note. 
Post, p. 2674. 
Ante, p. 2669. 
Minorities. 
Report. 
42 u s e 1396a. 
Volunteer 
services. 
42 u s e 4951 
note. 
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 subsec-
tion (bXlXB) for the administration or supervision of the administra-
tion 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 use 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 disabil-
ities shall meet the following requirements: 
"(1) The plan shall be in writing. 
"(2) The plan shall be developed jointly by (A) a representa-
tive 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 habilita-
tion 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 shsdl be stated specifically and in se-
quence 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 under-
standable 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 shsill specify the date of the 
PUBLIC LAW 98-527—OCT. 19, 1984 
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 habiUtation 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. (aXl) Each State which receives assistance under this Establishment. 
part shall establish a State Planning Council which will serve as an 42 use 6024. 
advocate for persons with developmental disabilities. The members 
of the State Planning Council of a State shall be appointed by the 
Grovemor 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 estab-
lished under section 142, local agencies, and nongovernmental eigen-
cies 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 imder this part, who are not managing employees 
(as defined in section 1126(b) of the Social Security Act) of any other 4
2 use i320a-5. 
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(aX3) of the Social Security Act) with 42 use i320a-3. 
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 
"(BXi) 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 desig-
nated under section 122(bXlXB) the State plan required by this Ante, p. 2670. 
29 use 701 note. 
20 use 871. 
42 use 1396. 
Post, p. 2679. 
98 STAT. 2676 
PUBLIC LAW 98-527—OCT. 19, 1984 
part, including the specification of services under section 
Ante, p. 2670. 
122(bX4XB); 
"(2) monitor, review, and evaluate, not less often than annu-
ally, 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 
Reports. 
"(4) submit to the Secretary, through the Governor, such 
periodic reports on its activities as the Secretary may reason-
ably request, and keep such records and afford such access 
thereto as the Secretary finds necessary to verify such reports. 
"STATE ALLOTMENTS 
42 use 6025. 
"SEC. 125. (aXD For each fiscal year, the Secretary shall, in 
accordance with regulations and this paragraph, allot the sums 
Post, p. 2679. 
appropriated for such year under section 130 among the States on 
the basis o
f
— 
"(A) the population, 
"(B) the extent of need for services for persons with develop-
mental 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. 
"(3XA) 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 
PUBLIC LAW 98-527—OCT. 19, 1984 
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 (IXB), 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(bX2XC), 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 por-
tions of the State plan, the State may apportion its allotment among 
such agencies in a manner which, to the satisfaction of the Secre-
tary, 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 be-
tween 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 simi-
larly 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 use 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. 
98 STAT. 2678 
PUBLIC LAW 98-527—OCT. 19, 1984 
"WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION AND 
SERVICES 
42 use 6027. 
"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(bXl) 
finds that— 
"(1) there is a failure to comply substantially with any of the 
Ante, p. 2670. 
provisions required by section 122 to be included in the State 
plan; or 
"(2) there is a failure to comply substantially with any regula-
tions 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 
Ante, p. 2676. 
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 use 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 use 6029. 
"SEC. 129. If any State is dissatisfied with the Secretary's action 
Supra. 
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 jurisdic-
tion 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 
PUBLIC LAW 98-527—OCT. 19, 1984 
98 STAT. 2679 
section 1254 of title 28, United States Code. The commencement of 
proceedings under this section shall not, unless so specifically or-
dered 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 
42 use 6030. 
to be appropriated $50,250,000 for fiscal year 1985, $53,400,000 for 
Ante, p. 2676. 
fiscal year 1986, and $56,500,000 for fiscal year 1987. 
"PART C—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS 
"PURPOSE 
"SEC. 141. It is the purpose of this part to provide for allotments to 
42 use 6041. 
support a system in each State to protect the legal and human rights 
of persons with developmental disabilities in accordance with sec-
tion 142. 
"SYSTEM REQUIRED 
"SEC. 142. (a) In order for a State to receive an allotment under 
42 use 6042. 
partB— 
"(1) the State must have in effect a system to protect and 
advocate the rights of persons with developmental disabiUti®; 
"(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 treat-
ment, services, or habilitation to persons with developmen-
tal disabilities; and 
"(D) except as provided in subsection (b), be able to obtain 
access to the records of a person with developmental dis-
abilities who resides in a facility for persons with develop-
mental 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 other-
wise 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 
Report, 
such system will be provided with a copy of each annual survey 
report and plan of corrections for cited deficiencies made pursu-
ant to section 1902(aX31XB) of the Social Security Act with 
42 use I396a. 
respect to any intermediate care facility for the mentally re-
tarded in the State within 30 days after the completion of each 
such report or plan; and 
98 STAT. 2680 
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 (2XD) 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. 
"(cXl) To assist States in meeting the requirements of subsection 
(a), the Secretary shall allot to the States the amounts appropriated 
Infra. 
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) 
Ante, p. 2676. 
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 Mari-
ana 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. 
Prohibition. 
"(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 use 6043. 
"SEC. 143. For allotments under section 142, there are authorized 
Ante, p. 2679. 
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. 
PUBLIC LAW 98-527—OCT. 19, 1984 
98 STAT. 2681 
"PART D—UNIVERSITY AFFIUATED FACILITIES 
PURPOSE 
"SEC. 151. The purpose of this part is to provide for grants to 
Grants. 
university affiliated facilities to assist in the provision of interdisci- 
42 use 6061. 
plinary training, the conduct of service demonstration progreims, 
and the dissemination of information which will increase and sup-
port the independence, productivity, and integration into the com-
munity of persons with developmental disabilities. 
"GRANT AUTHORITY 
"SEC. 152. (a) From appropriations under section 154, the Secre- 
4
2 use 6062. 
tary shall make grants to imiversity affiliated facilities to assist in 
Post, p. 2683. 
the administration and operation of the activities described in sec-
tion 102(13). 
Ante, p. 2663. 
"(b) The Secretary may make one or more grants to a university 
affiliated faciUty 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 affili-
ated facility, singly or jointly with other university affili-
ated 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 affiUated 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, volun-
teers, or personnel to provide services to increase or maintain 
the independence, productivity, and integration into the com-
munity of persons with developmental disabilities. 
"(3) Conducting an applied research program designed to 
Research and 
produce more efficient and effective methods (A) for the deliv- development. 
ery of services to persons with developmental disabilities, and 
(B) for the training of professionals, paraprofessionals, and par-
ents who provide these services. 
The amount of a grant under paragraph (1) may not exceed $25,000. Prohibition. 
"(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). 
"(dXD The Secretary may not make a grant under subsection (c) Prohibition. 
for the fiscal year ending on September 30,1985, to a satellite center 
98 STAT. 2682 
PUBLIC LAW 98-527—OCT. 19, 1984 
which has not received a grant under such subsection or section 
Ante, p. 2670. 
121(c) (as such section was in effect prior to October 1,1984) unless— 
"(A) a study assisted under subsection (bXDCA) 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(bXl) (as in effect prior 
to October 1,1984) has established the feasibility of establishing 
or operating such center. 
Prohibition. 
"(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 (bXlXA) 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. 
"APPUCATIONS 
42 use 6063. 
"SEC. 153. (a) Not later than six months after the date of the 
enactment of the Developmental Disabilities Act of 1984, the Secre-
tary 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 
Ante, p. 2663. 
described in section 102(13). 
Ante, p. 2681. 
"(b) No grants may be made under section 152 unless an applica-
tion 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 applica-
tion 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, in-
crease the level of such funds; 
"(2XA) the applicant's facility is in full compliance with the 
standards established under subsection (a), or 
"(BXi) 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 
Human rights. 
"(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). 
PUBLIC LAW 98-527—OCT. 19, 1984 
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 
Ante, p. 2681. 
maximum extent feasible, that each Federal agency that provides 
funds for the direct support of the applicant's facility reviews the 
application. 
(dXl) If the total amount appropriated under section 154 for a 
infra. 
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 shcdl not be less than $75,000 for 
such fiscal year. 
"(2) If the total amoimt 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. 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 154. For the purpose of making grants under section 152, 
42 use 6064. 
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. 
"PART E—SPECIAL PROJECT GRANTS 
"PURPOSE 
"SEC. 161. The purpose of this part is to provide for grants for 
42 use 6081. 
demonstration projects to increase and support the independence, 
productivity, and integration into the community of persons with 
developmental disabilities. 
"GRANT AUTHORITY 
"SEC. 162. (a) The Secretary may make grants to public or non- 
42 use 6082. 
profit private entities for— 
"(1) demonstration projects— 
"(A) which are conducted in more than one State, 
"(B) which involve the participation of two or more Fed-
eral 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 (includ-
ing research, training, and evaluation in connection with such 
projects) which hold promise of expanding or otherwise improv-
ing protection and advocacy services relating to the State pro-
tection and advocacy system described in section 142. 
Ante, p. 2679. 
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 applica- 
Prohibition. 
tion therefor has been submitted to, and approved by, the Secretary. 
98 STAT. 2684 
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 
Human rights. 
prescribe. The Secretary may not approve such an application 
unless each State in which the applicant's project will be conducted 
Ante, p. 2670. 
has a State plan approved under section 122, and unless the applica-
tion 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 
Ante, p. 2669. 
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 use 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. 
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 re-
tarded persons and persons with developmental disabilities pro-
vided under an approved State plan under title XIX of the 
42 use 1396. 
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 re-
tarded persons and persons with developmental disabilities 
under waivers granted under section 1915(c) of the Social Secu-
42 use I396n. 
rity 
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 pursusint 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 Adminis-
tration of the Department of Health and Human Services (or 
the designee of the Administrator); 
PUBLIC LAW 98-527—OCT. 19, 1984 
98 STAT. 2685 
(2) the Commissioner of the Administration for Developmen-
tal Disabilities of the Department of Health and Human Serv-
ices (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.