Developmental Disabilities Amendments
PL 94-103 (H.R.4005), enacted 10/04/1975

89 STAT. 486 
PUBLIC LAW 94-103—OCT. 4, 1975 
Public Law 94-103 
94th Congress 
Oct. 4, 1975 
[H.R. 4005] 
Developmentally 
Disabled 
Assistance and 
Bill of Rights Act. 
42 use 6001 
note. 
42 use 2661a. 
Post, p. 489. 
Post, p. 492. 
42 use 6031. 
Satellite centers. 
An Act 
To amend the Developmental Disabilities Services and Facilities Construction 
Act to revise and extend the programs authorized by that Act. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress 
assenibled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Developmentally Disabled 
Assistance and Bill of Rights Act". 
T I T L E I — E X T E N S I O N AND R E V I S I O N O F T H E D E V E L O P -
M E N T A L D I S A B I L I T I E S S E R V I C E S AND 
F A C I L I T I E S 
CONSTRUCTION ACT 
PART A — O N E - Y E A R EXTENSION OF EXISTING AUTHORITIES 
EXTENSION OF EXISTING AUTHORITIES THROUGH FISCAL YEAR 19 75 
SEC. 101. (a) Section 122(b) and 131 of the Developmental Dis-
abilities Services and Facilities Construction Act (hereinafter in this 
Act referred to as the "Act") are each amended by striking out "for the 
fiscal year ending June 30,1974" and inserting in lieu thereof "each for 
the fiscal years ending June 30,1974, and June 30,1975". 
(b) Section 137(b) (1) of the Act is amended by striking out "and 
June 30, 1974" and inserting in lieu thereof ", June 30, 1974, and 
June 30,1975". 
PART B—REVISION OF ASSISTANCE FOR UNIVERSITY AFFILIATED 
FACILITIES 
UNIVERSITY AFFILIATED FACILITIES 
SEC. 105. Part B of the Act is amended to read as follows: 
"PART B—UNIVERSITY AFFILIATED FACILITIES 
"Subpart 1—Demonstration and Training Grants 
"GRANT 
AUTHORITY 
"SEC. 121. (a) (1) From appropriations under section 123, the Sec-
retary shall make grants to university affiliated facilities to assist them 
in meeting the cost of administering and operating— 
"(A) demonstration facilities for the provision of services for 
persons with developmental disabilities, and 
"(B) interdisciplinary training programs for personnel needed 
to render specialized services for persons with developmental 
disabilities. 
"(2) A university affiliated facility which has received a grant 
under paragraph (1) may apply to the Secretary for an increase in 
the amount of its grant under such paragraph to assist it in meeting 
the cost of conducting a feasibility study of the ways in which it, singly 
or jointly with other university affiliated facilities which have received 
a grant under paragraph (1), can establish and operate one or more 
satellite centers which would be located in areas not served by a uni-
versity affiliated facility and which would provide, in coordination 
with demonstration facilities and training programs for which a 
PUBLIC LAW 94-103—OCT. 4, 1975 
89 STAT. 487 
grant was made under paragraph (1), services for persons with 
developmental disabilities. If the Secretary approves an application 
of a university affiliated facility under this paragraph for such a 
study, the Secretary may for such study increase the amount of the 
facility's grant under paragraph (1) by an amount not to exceed 
$25,000. Such a study shall be carried out in consultation with the 
State Planning Council for the State in which the facility is located 
and where the satellite center would be established. 
"(b) 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. The Secretary 
may approve an application for a grant under this subsection only if 
the feasibility of establishing or operating the satellite center for 
which the grant is applied for has been established by a study assisted 
under subsection (a)(2). 
u 
APPLICATIONS 
"SEC. 122. (a) No grant may be made under section 121 unless an 42 USC 6032. 
application therefor is submitted to and approved by the Secretary. 
Such an application shall be submitted in such form and manner, and 
contain such information, as the Secretary may require. Such an 
application may be approved by the Secretary only if the application 
contains or is supported by reasonable assurances that the making of 
the grant applied for will not result in any decrease in the level of 
State, local, and other non-Federal funds for services for persons with 
developmental disabilities and training of persons to provide such 
services which funds would (except for such grant) be available to 
the applicant, but that such grant will be used to supplement, and, to 
the extent practicable, to increase the level of such funds. 
"(b) The Secretary shall give special consideration to applications 
for grants under section 121(a) for programs which demonstrate an 
ability; and commitment to provide within a community rather than 
in an institution services for persons with developmental disabilities. 
"AUTHORIZATION or APPROPRIATIONS 
"SEC. 123. (a) For the purpose of making grants under section 121 42 USC 6033. 
there are authorized to be appropriated fl5,000,000 for fiscal year 
1976, $18,000,000 for fiscal year 1977, and $21,000,000 for fiscal year 
1978. 
"(b) (1) Of the sums appropriated under subsection (a) for fiscal 
years 1976 and 1977, not less than $5,000,000 shall be made available 
for grants in each such fiscal year under section 121 (a) (1). The remain-
der of the sums appropriated for such fiscal years shall be made avail-
able as follows: 
"(A) First, $750,000 shall be made available in each such fiscal 
year for studies described in section 121(a) (2). The portion of 
such $750,000 not required for such studies shall be made available 
for grants under section 121 (a) (1). 
"(B) Second, any remaining sums shall be made available as the 
Secretary determines except that at least 40 per centum of such 
sums shall be made available for grants under section 121 (b). 
"(2) Of the sums appropriated under subsection (a) for fiscal year 
1978, not less than $5,500,000 shall be made available for grants in such 
89 STAT. 488 
PUBLIC LAW 94-103—OCT. 4, 1975 
42 use 6041. 
fiscal year under section 121 (a) (1). The remainder of the sums appro-
priated for such fiscal year shall be made available as the Secretary 
determines except that at least 40 per centum of the remainder shall be 
made available for grants under section 121 (b). 
"Subpart 2—Construction 
"PROJECTS AUTHORIZED 
"SEC. 125. The Secretary may make grants— 
"(1) to university-affiliated facilities to assist them in meeting 
the costs of the renovation or modernization of buildings which 
are being used in connection with an activity assisted by a grant 
under section 121 ^a); and 
"(2) to university-affiliated facilities for the construction, reno-
vation, or modernization of buildings to be used as satellite centers. 
u 
APPLICATIONS 
42 use 6042. 
"SEC. 126. No grant may be made under section 125 unless an appli-
cation 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 
may be approved by the Secretary only if it contains or is supported 
— 
by reasonable assurances that— 
"(1) the plans and specifications for the project to be assisted 
by the grant applied for are in accord with regulations pre-
Post, p. 500. 
scribed by the Secretary under section 109; 
"(2) title to the site for such project is or will be vested in the 
applicant or in the case of a grant for a satellite center, in a public 
or other nonprofit entity which is to operate the center; 
Financial 
"(3) adequate financial support will be available for corn-
support, 
pletion of the construction, renovation, or modernization of the 
project and for its maintenance and operation when completed; 
Rates of pay. 
" (4) all laborers and mechanics employed by contractors or sub-
contractors in the performance of work on the project will be 
paid at rates not less than those prevailing on similar construction 
in the locality as determined by the Secretary of Labor in accord-
ance with the Act of March 3, 1931 (40 TJ.S.C. 276a—276a-5, 
40 use 276a 
known as the Davis-Bacon Act); and the Secretary of Labor shall 
note. 
have with respect to the labor standards specified in this para-
graph the authority and functions set forth in Reorganization 
Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. Appendix) 
and section 2 of the Act of June 13,1934 (40 U.S.C. 267c); and 
Construction 
"(5) the building which will be constructed, renovated, or 
standards. 
modernized with the grant applied for will meet standards 
adopted pursuant to the Act of August 12,1968 (42 U.S.C. 4151-
4156) (known as the Architectural Barriers Act of 1968). 
42 use 6043. 
(( 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 127. For the purpose of making payments under grants under 
section 125, there are authorized to be appropriated $3,000,000 for 
fiscal year 1976, $3,000,000 for fiscal year 1977, and $3,000,000 for 
fiscal year 1978." 
PUBLIC LAW 94-103—OCT. 4, 1975 
89 STAT. 489 
PART C—REVISION OF ALLOTMENT PROGRAM 
STATE ALLOTMENTS 
SEC. 110. (a) Section 131 of the Act is amended to read as follows: 
42 USC 6061. 
"AUTHORIZATION OF APPROPRIATIONS FOR ALLOTMENTS 
"SEC. 131. For allotments under section 132, there are authorized to Infra. 
be appropriated $40,000,000 for fiscal year 1976, $50,000,000 for fiscal 
year 1977, and $60,000,000 for fiscal year 1978. 
(b) Subsection (a) of section 132 of the Act is amended to read as 42 USC 6062. 
follows: 
"(a) (1) (A) I n each fiscal year, the Secretary shall, in accordance 
with regulations and this paragraph, allot the sums appropriated for 
such year under section 131 among the States on the basis of— 
Supra. 
"(i) the population, 
"(ii) the extent of need for services and facilities for persons 
with developmental disabilities, and 
" (iii) 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 
134 for the provision under such plans of services and facilities for Post, p. 490. 
persons with developmental disabilities. 
"(B) (i) Except as provided by clause (ii) — 
"(1) the allotment of the Virgin Islands, American Samoa, 
Guam, and the Trust Territory of the Pacific Islands under sub-
paragraph (A) of this paragraph in any fiscal year shall not be 
less than $50,000; and 
" ( I I ) the allotment of each other State in any fiscal year shall 
not be less than the greater of $150,000, or the amount of the allot-
ment (determined without regard to subsection (d)) received by 
the State for the fiscal year ending June 30,1974. 
"(ii) If the amount appropriated under section 131 for any fiscal 
year exceeds $50,000,000, the minimum allotment of a State for such 
fiscal year shall be increased by an amount which bears the same ratio 
to the amount determined for such State under clause (i) as the dif-
ference between the amount so appropriated and the amount author-
ized to be appropriated for such fiscal year bears to $50,000,000. 
"(2) In determining, for purposes of paragraph ( l ) ( A ) ( i i ) , the 
extent of need in any State for services and facilities for persons with 
developmental disabilities, the Secretary shall take into account the 
scope and extent of the services specified, pursuant to section 134(b) 
(5), in the State plan of such State approved under section 134. 
Post, p. 490. 
"(3) Sums allotted to a State in a fiscal year and designated by it 
for construction and remaining unobligated at the end of such year 
shall remain available to such State for such purpose in the next fiscal 
year (and in such year only), in addition to the sums allotted to such 
State in such next fiscal year; except that if the maximum amount 
which may be specified for construction (pursuant to section 134(b) 
(15)) for a year plus any part of the amount so specified pursuant to Post, p. 490. 
such section for the preceding fiscal year and remaining unobligated 
at the end of such fiscal year is not sufficient to pay the Federal share 
of the cost of construction of a specific facility included in the con-
struction program of the State developed pursuant to section 134(b) 
(13), the amount specified pursuant to section 134(b) (15) for such 
preceding year shall remain available for a second additional year for 
89 STAT. 490 
PUBLIC LAW 94-103—OCT. 4, 1975 
the purpose of paying the Federal share of the cost of construction of 
such facility. 
"(4) Of the amount allotted to any State under paragraph (1) for 
fiscal year 1976, not less than 10 per centum of that allotment shall be 
used by such State, in accordance with the plan submitted pursuant to 
Post, p. 491. 
section 134(b) (20), for the purpose of assisting it in developing and 
implementing plans designed to eliminate inappropriate placement in 
institutions of persons with developmental disabilities; and of the 
amount allotted to any State under paragraph (1) for each succeed-
ing fiscal year, not less than 30 per centum of that allotment shall be 
used by such State for such purpose." 
42 use 6062. 
(c) Subsection (d) of section 132 of the Act is amended by insertiiig 
Publication in 
after "as he may fix" the following: " (but not earlier than thirty days 
Federal Register, 
after he has published notice of his intention to make such reallotment 
in the Federal Register)". 
Repeal. 
(d) Section 132 (e) of the Act is repealed. 
(e) (1) Subsection (b) of section 132 of the Act is amended by 
striking out "this part" each place it occurs and inserting in lieu 
thereof "the State plan". 
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(2) Section 134(b) (4) of the Act is amended by striking out "under 
this part" and inserting in lieu thereof "under section 132". 
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(3) Section 138 of the Act is amended by striking out "under this 
part" each place it occurs and inserting in lieu thereof "under section 
132". 
STATE PLANS 
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SEC. 111. (a) Subsection (b) of section 134 is amended as follows: 
(1 ) Paragraph (1) of such subsection is amended by striking out 
"a State planning and advisory council" and inserting in lieu thereof 
Post, p. 493. 
"a State Planning Council as prescribed by section 141". 
(2) Paragraph (3) of such subsection is amended by striking out 
"policies and procedures" and inserting in lieu thereof "priorities, 
policies, and procedures". 
(3) Paragraph (5) of such subsection is amended to read as follows: 
"(5) describe the quality, extent, and scope of treatment, serv-
ices, and habilitation being provided or to be provided in imple-
menting the 
State 
plan 
to persons with 
developmental 
disabilities;". 
(4) Paragraph (7) of such subsection is amended to read as follows: 
"(7) include provisions, meeting such requirements as the 
United States Civil Service Commission may prescribe, relating 
to the establishment and maintenance of personnel standards on 
a merit basis;". 
(5) Paragraph (8) of such subsection is amended to read as follows: 
"(8) provide that the State Planning Council be adequately 
staffed and identify the staff assigned to the Council;". 
(6) Paragraph (9) of such subsection is amended by striking out 
"State planning and advisory council" and inserting in lieu thereof 
"State Planning Council". 
(7) Paragraph (15) of such subsection is amended by striking out 
"50 per centum" and inserting in lieu thereof "10 per centum". 
(8) Paragraph (14) of such subsection is amended by striking out 
"and assign" and inserting in lieu thereof "assign", and by inserting 
before the semicolon a comma and the following: "and require that 
construction of projects be done in accordance with standards pre-
scribed by the Secretary pursuant to the Act of August 12, 1968 (42 
TJ.S.C. 4151-4156) (known as the Architectural Barriers Act of 
1968)". 
PUBLIC LAW 94-103—OCT. 4, 1975 
89 STAT. 491 
(9) Such subsection is amended by striking out "and" after the 
semicolon at the end of paragraph (17), by redesignating paragraph 
(18) as paragraph (30), and by inserting the following new para-
graphs after paragraph (17) : 
"(18) provide reasonable assurance that adequate financial 
support will be available to complete the construction of, and to 
maintain and operate when such construction is completed, any 
facility, the construction of which is assisted with sums allotted 
under section 132; 
42 USC 6062. 
"(19) provide reasonable assurance that all laborers and 
mechanics employed by contractors or subcontractors in the 
performance of work on any construction project assisted with 
sums allotted under section 132 will be paid at rates not less 
than those prevailing on similar construction in the locality as 
determined by the Secretary of Labor in accordance with the 
Act of March 3, 1931 (40 U.S.C. 276a—276a-5, known as the 
Davis-Bacon Act) ; and the Secretary of Labor shall have with 
respect to the labor standards specified in this paragraph the 
authority and functions set forth in Keorganization Plan 
Numbered 14 of 1950 (15 F.K. 3176; 5 U.S.C. Appendix) and 5 USC app. II. 
section 2 of the Act of June 13, 1934 (40 U.S.C. 276c) ; 
"(20) contain a plan designed (A) to eliminate inappropriate 
placement in institutions of persons with developmental disabil-
ities, and (B) to improve the quality of care and the state of sur-
roundings of persons for whom institutional care is appropriate; 
"(21) provide forrthe early screening, diagnosis, and evaluation 
(including maternal care, developmental screening, home care, 
infant and preschool stimulation programs, and parent counseling 
and training) of developmentally disabled infants and preschool 
children, particularly those with multiple handicaps; 
"(22) provide for counseling, program coordination, follow-
along services, protective services, and personal advocacy on behalf 
of developmentally disabled adults; 
"(23) support the establishment of community programs as 
alternatives to institutionalization and support such programs 
which are designed to provide services for the care and habilita-
tion of persons with developmental disabilities, and which utilize, 
to the maximum extent feasible, the resources and personnel in 
related community programs to assure full coordination with 
such programs and to assure the provision of appropriate supple-
mental health, educational, or social services for persons with 
developmental disabilities; 
"(24) contain or be supported by assurances satisfactory to the 
Secretary that the human rights of all persons with develop- 
^ 
^ 
mental disabilities (especially those without familial protection) 
who are receiving treatment, services, or habilitation under pro- 
^ ^ 
grams assisted under this title will be protected; 
"(25) provide for a design for implementation which shall 
include details on the methodology of implementation of the 
State plan, priorities for spending of funds provided under this 
part, a detailed plan for the use of such funds, specific objectives 
to be achieved under the State plan, a listing of the programs 
and resources to be used to meet such objectives, and a method 
for periodic evaluation of the design's effectiveness in meeting 
such objectives; 
"(26) provide for the maximum utilization of all available 
community resources including volunteers serving under the 
Domestic Volunteer Service Act of 1973 (Public Law 93-113) and 42 USC 4951 
note. 
89 STAT. 492 
PUBLIC LAW 94-103—OCT. 4, 1975 
other appropriate voluntary organizations except that volunteer 
services shall supplement, but shall not be in lieu of, services of 
paid employees; 
"(27) provide for the implementation of an evaluation system 
in accordance with the system developed under section 110; 
"(28) provide, to the maximum extent feasible, an opportunity 
for prior review and comment by the State Planning Council of 
all State plans of the State which relate to programs affecting 
persons with developmental disabilities; 
"(29) provide for fair and equitable arrangements (as deter-
mined by the Secretary after consultation with the Secretary of 
Labor) to protect the interests of employees affected by actions 
to carry out the plan described in paragraph (20) (A), 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; and". 
42 use 6063. 
(b) Section 134 of the Act is amended by adding after subsection (c) 
the following new subsection: 
"(d) (1) At the request of any State, a portion of any allotment or 
allotments of such State under this part for any fiscal year shall 
be 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 $50,000, 
whichever is less, shall be available for such purpose. 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 fiscal year ending 
June 30,1975." 
APPROVAL OF CONSTRUCTION 
PROJECTS 
Repeal. 
SEC. 112. Sections 135 and 136 of the Act are repealed. 
42 use 2675, 
2676. 
PAYMENTS TO STATES 
42 use 6064. 
SEC. 113. Section 137 of the Act is amended as follows: 
(1) The heading for such section is amended by inserting "CONSTRUC-
TION," after "PLANNING,". 
(2) Subsection (a) of such section is amended by striking out 
" (1)" and by striking out paragraph (2). 
(3) Subsection (b) is amended to read as follows: 
"(b) (1) Upon certification to the Secretary by the State agency, 
Ante, p. 490. 
designated pursuant to section 134(b) (1), based upon inspection by 
it, that work has been performed upon a construction project, or 
purchases have been made for such project, in accordance with the 
approved plans and specifications and that payment of an installment 
is due to the applicant, such installment shall be paid to the State with 
respect to such project, from the applicable allotment of such State, 
except that (A) if the State is not authorized by law to make payments 
to the applicant, the payment shall be made directly to the applicant, 
(B) if the Secretary, after investigation or otherwise, has reason to 
PUBLIC LAW 94-103—OCT. 4, 1975 
believe that any act (or failure to act) has occurred rej^uiring action 
pursuant to section 136, payment may, after he has given the State 
agency so designated notice of opportunity for hearing pursuant to 
such section, be withheld, in whole or in part, pending corrective action 
or action based on such hearing, and (C) the total of payments under 
this subsection with respect to such project may not exceed an amount 
equal to the Federal share of the cost of construction of such project. 
"(^2) In case the estimated cost of a project is revised upward, any 
additional payment with respect thereto may be made from the appli-
cable allotment of the State for the fiscal year in which such revision 
is approved." 
WITHHOLDING OP PAYMENTS 
89 STAT. 493 
Ante, p. 492. 
42 use 6068. 
State's plan, 
review. 
SEC. 114. Section 138 of the Act is amended as follows: 
(1) The heading for such section is amended by inserting "CON-
STRUCTION," after "PLANNING,". 
(2) Such section is amended by striking out "State planning and 
advisory council" and inserting in lieu thereof "State Planning Coun-
cil", and by striking out "State council" and inserting in lieu thereof 
"State Council". 
(3) Such section is amended by inserting " ( a ) " after "138.", by 
redesignating paragraphs (a) and (b) as paragraphs (1) and (2), 
respectively, and by adding at the end the following new subsection: 
" (b) The State Planning Council of a State shall review the State's 
plan (including the design for implementation of such plan) under 
section 134 and the actions of the State under such plan for the pur- 
^"fe, p. 490 
pose of determining if the State is complying with the requirements 
of the plan (and its design for implementation). For the purpose of 
assisting the Secretary in the implementation of this section, a State 
Planning Council may notify tiie Secretary of the results of any 
review carried out under this subsection." 
NONDUPLICATION 
SEC. 115. Section 140 of the Act is amended to read as follows; 
42 use 6066. 
"NONDUPLICATION 
"SEC. 140. In determining the amount of any State's Federal share 
of the expenditures incurred by it under a State plan approved under 
section 134, there shall be disret^arded (1) any portion of such expendi-
tures which are financed by Federal funds provided under any provi-
sion of law other than section 132, and (2) the amount of any 
non-Federal funds required to be expended as a condition of receipt 
of such Federal funds." 
42 use 6063. 
42 use 6062. 
STATE PLANNING COUNCILS 
SEC. 116. Part C of the Act is amended by inserting after section 
140 the following new section: 
'STATE PLANNING COUNCILS 
"SEC. 141. (a) Each State which receives assistance under this 
part shall establish a State Planning Council which will serve as 
an advocate for persons with developmental disabilities. The mem-
bers of a State's State Planning Council shall be appointed by the 
Establishment. 
42 use 6067. 
89 STAT. 494 
PUBLIC LAW 94-103—OCT. 4, 1975 
Membership. 
Duties. 
42 use 6068. 
42 use 6063. 
Ante, p. 492. 
Governor of such State. Each State Planning Council shall at all times 
include in its membership representatives of the principal State agen-
cies, local agencies, and nongovernmental agencies, and groups con-
cerned with services to persons with developmental disabilities. At 
least one-third of the membership of such a Council shall consist of 
persons with developmental disabilities, or their parents or guardians, 
who are not officers of any entity, or employees of any State agency 
or of any other entity, which receives funds or provides services under 
this part. 
"(b) The State Planning Council shall— 
"(1) supervise the development of and approve the State plan 
required by this part; 
"(2) monitor and evaluate the implementation of such State 
plan; 
"(3) to the maximum extent feasible, review and comment on 
all State plans in the State which relate to programs affecting 
persons with developmental disabilities, and 
"(4) submit to the Secretary, through the Governor, such pe-
riodic reports on its activities as the Secretary may reasonably 
request. 
"(c) Each State receiving assistance under this part shall provide 
for the assignment to its State Planning Council of personnel ade-
quate to insure that the Council has the capacity to fulfill its respon-
sibilities under subsection (b)." 
SEC. 117. Part C of the Act is amended by inserting after section 
141 (added by section 116 of this Act) the following new section: 
li JUDICIAL REVIEW 
"SEC. 142. If any State is dissatisfied with the Secretary's action 
under section 134(c) or section 136, 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 him 
for that purpose. The Secretary thereupon shall file in the court the 
record of the proceedings on which he based his action, as provided 
in section 2112 of title 28, United States Code. Upon the filing 
of such petition, the court shall have jurisdiction to affirm the action 
of the Secretary or to set it aside, in whole or in part, temporarily 
or permanently, but until the filing of the record, the Secretary may 
modify or set aside his order. 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 his previous 
action, 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 affirm-
ing 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 section 1254 of 
title 28, United States Code. The commencement of proceedings under 
this section shall not, unless so specifically ordered by the court, operate 
as a stay of the Secretary's action." 
PUBLIC LAW 94-103—OCT. 4, 1975 
89 STAT. 495 
PART D—REVISION OF SPECIAL PROJECTS ASSISTANCE 
SPECIAL PROJECT GRANTS 
SEC. 120. Part D of the Act is amended to read as follows: 
"PART D—SPECIAL PROJECT GRANTS 
"GRANT AUTHORITY 
"SEC. 145. (a) The Secretary, after consultation with the National 42 USC 6081. 
Advisory Council on Services and Facilities to the Developmentally 
Disabled, may make project grants to public or nonprofit private 
entities for— 
" (1) demonstrations (and research and evaluation in connection 
therewith) for establishing programs which hold promise of 
expanding or otherwise improving services to persons with devel-
opmental disabilities (especially those who are disadvantaged or 
multihandicapped), including programs for parent counseling 
and training, early screening and intervention, infant and pre-
school children, seizure control systems, legal advocacy, and com-
munity based counseling, care, housing, and other services or sys-
tems necessary to maintain a person with developmental disabili-
ties in the community; 
"(2) public awareness and public education programs to assist 
in the elimination of social, attitudinal, and environmental bar-
riers confronted by persons with developmental disabilities; 
"(3) coordinating and using all available community resources 
in meeting the needs of persons with developmental disabilities 
(especially those from disadvantaged backgrounds); 
" (4) demonstrations of the provision of services to persons with 
developmental disabilities who are also disadvantaged because 
of their economic status; 
"(5) technical assistance relating to services and facilities for 
persons with developmental disabilities, including assistance in 
State and local planning or administration respecting such serv-
ices and facilities; 
"(6) training of specialized personnel needed for the provision 
of services for persons with developmental disabilities or for re-
search directly related to such training; 
"(7) developing or demonstrating new or improved techniques 
for the provision of services to persons with developmental dis-
abilities (including model integrated service projects); 
" (8) gathering and disseminating information relating to devel-
opmental disabilities; and 
"(9) improving the quality of services provided in and the 
administration of programs for such persons. 
"(b) No grant may be made under subsection (a) unless an appli- AppUcatioii. 
cation therefor has been submitted to, and approved by, the Secretary. 
Such application shall be in such form, submitted m such manner, 
and contain such information, as the Secretary shall by regulation 
prescribe. The Secretary may not approve such an application unless 
the State in which the applicant's project will be conducted has a 
State plan approved under part C. The Secretary shall provide to Ante, p. 489. 
the State Planning Council for the State in which an applicant's 
project will be conducted an opportunity to review the application for 
such project and to submit its comments thereon. 
89 STAT. 496 
PUBLIC LAW 94-103—OCT. 4, 1975 
Appropriation 
authorization. 
Use of funds, 
restriction. 
29 use 774. 
(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. In 
determining the amount of any grant under subsection (a) for the 
costs of any project, there shall be excluded from such costs an amount 
equal to the sum of (1) the amount of any other Federal grant which 
the applicant has obtained, or is assured of obtaining, with respect to 
such project, and (2) the amount of any non-Federal funds required 
to be expended as a condition of such other Federal grant. 
"(d) For the purpose of making payments under grants under sub-
section (a), there are authorized to be appropriated $18,000,000 for 
fiscal year 1976, $22,000,000 for fiscal year 1977, and $25,000,000 for 
fiscal year 1978. 
"(e) Of the funds appropriated under subsection (d) for any fiscal 
year, not less than 25 per centum of such funds shall be used for proj-
ects which the Secretary determines (after consultation with the 
National Advisory Council on Services and Facilities for the Develop-
mentally Disabled) are of national significance. 
"(f) No funds appropriated under the Public Health Service Act, 
under this Act (other than under subsection (d) of this section), or 
under section 304 of the Eehabilitation Act of 1973 may be used to 
make grants under subsection (a)." 
PART E—EEVISION or GENERAL PROVISIONS 
GENERAL PROVISIONS 
SEC. 125. Part A of the Act is amended to read as follows: 
Developmental 
Disabilities 
Services and 
Facilities 
Construction Act. 
42 use 6001 
note. 
42 use 6001. 
"PART A—GENERAL PROVISIONS 
'SHORT TITLE 
"SEC. 101. This title may be cited as the 'Developmental Disabilities 
Services and Facilities Construction Act'. 
a 
DEFINITIONS 
"SEC. 102. For purposes of this title: 
"(1) The term 'State' includes Puerto Rico, Guam, American 
Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, 
and the District of Columbia. 
"(2) The term 'facility for persons with developmental disabilities' 
means a facility, or a specified portion of a facility, designed primarily 
for the delivery of one or more services to persons with one or more 
developmental disabilities. 
"(3) The terms 'nonprofit facility for persons with developmental 
disabilities' and 'nonprofit private institution of higher learning' 
mean, respectively, a facility for persons with developmental disa-
bilities and an institution oi 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; and the term 
'nonprofit private agency or organization' means an agency or orga-
nization which is such a corporation or association or which is owned 
and operated by one or more of such corporations or associations. 
PUBLIC LAW 94-103—OCT. 4, 1975 
89 STAT. 497 
" (4) The term 'construction' includes construction of new buildings, 
acquisition, expansion, remodeling, and alteration of existing build-
ings, and initial equipment of any such buildings (including medi-
cal transportation facilities); including architect's fees, but exclud-
ing the cost of offsite improvements and the cost of the acquisition 
of land. 
"(5) The term 'cost of construction' means the amount found by 
the Secretary to be necessary for the construction of a project. 
"(6) The term 'title', when used with reference to a site for a 
project, means a fee simple, or such other estate or interest (includ-
ing a leasehold on which the rental does not exceed 4 per centum of 
the value of the land") as the Secretarv finds sufficient to assure for 
a period of not less than fifty years undisturbed use and possession 
for the purposes of construction and operation of the project. 
"(7) The term 'developmental disability' means a disability of a 
person which— 
"(A)(i) is attributable to mental retardation, cerebral palsy, 
epilepsy, or autism; 
"(ii) is attributable to any other condition of a person found 
to be closely related to mental retardation because such condition 
results in similar impairment of general intellectual functioning 
or adaptive behavior to that of mentally retarded persons or 
requires treatment and services similar to those required for such 
persons; or 
"(iii) is attributable to dyslexia resulting from a disability 
described in clause (i) or (ii) of this subparagraph; 
"(B) originates before such person attains age eighteen; 
"(C) has continued or can be expected to continue indefinitely; 
and 
"(D) constitutes a substantial handicap to such person's ability 
to function normally in society. 
"(8) The term 'services for persons with developmental disabilities' 
means specialized services or special adaptations of generic services 
directed toward the alleviation of a developmental disability or toward 
the social, personal, physical, or ecoromic habilitation or rehabilitation 
of an individual with such a disability; and such term includes diag-
nosis, evaluation, treatment, personal care, day care, domiciliary care, 
special living arrangements, training, education, sheltered employment, 
recreation, counseling of the individual with such disability and of 
his family, protective ard other social and socio-legal services, infor-
mation and referral services, follow-along services, and transportation 
services necessary to assure delivery of services to persons with 
developmental disabilities. 
"(9) The term 'satellite center' means an entity which is associated 
with one or more university affiliated facilities and which functions as 
a community or regional extension of such university affiliated facili-
ties in the delivery of training, services, and programs to the devel-
opmental ly disabled and their families, to personnel of State agencies 
concerned with developmental disabilities, and to others responsible 
for the care of persons with developmental disabilities. 
"(10) The term 'university affiliated facility' means a public or non-
profit facility which is associated with, or is an integral part of, a 
college or university and which aids in demonstrating the provision of 
specialized services for the diagnosis and treatment of persons with 
developmental disabilities and which provides education and training 
89 STAT. 498 
PUBLIC LAW 94-103—OCT. 4, 1975 
(including interdisciplinary training) of personnel needed to render 
services to persons with developmental disabilities. 
"(11) The term 'Secretary' means the Secretary of Health, Educa-
tion, and Welfare. 
"FEDERAL SHAKE 
42 use 6002. 
"SEC. 103. (a) The Federal share of any project to be provided 
Ante, pp. 486, 
through grants under part B and allotments under part C may not 
489. 
exceed 75 per centum of the necessary cost thereof 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 per centum of the 
project's necessary costs as so determined. 
Non-Federal 
" (b) The non-Federal share of the cost of any project assisted by a 
share. 
grant or allotment under this title may be provided in kind. 
"(c) For the purpose of determining the Federal share with respect 
to any project, expenditures on that project by a political subdivision 
of a State or by a nonprofit private entity shall, subject to such limita-
tions and conditions the Secretary may by regulation prescribe, be 
deemed to be expenditures by such State in the case of a project 
under part C or by a university-affiliated facility or a satellite center, 
as the case may be, in the case of a project assisted under part B. 
"STATE CONTROL OF OPERATIONS 
42 use 6003. 
"SEC. 104. 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, maintenance, 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. 
u. 
RECORDS AND AUDIT 
42 use 6004. 
"SEC. 105. (a) Each recipient of assistance under this title shall 
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 
States, or any of their duly authorized representatives, shall have 
access for the purpose of audit and examination to any books, docu-
ments, papers, and records of the recipients of assistance under this 
title that are pertinent to such assistance. 
((. 
EMPLOYMENT OF HANDICAPPED INDIVIDUALS 
42 use 6005. 
"SEC. lOG. As a condition of providing assistance under this title, 
the Secretary shall require that each recipient of such assistance take 
affirmative action to employ and advance in employment qualified 
handicapped individuals on the same terms and conditions required 
with respect to the employment of such individuals by the provisions 
29 use 701 note, of the Rehabilitation Act of 1973 which govern employment (1) by 
PUBLIC LAW 94-103—OCT. 4, 1975 
89 STAT. 499 
State rehabilitation agencies and rehabilitation facilities, and (2) 
under Federal contracts and subcontracts. 
a 
RECOVERY 
"SEC. 107. If any facility with respect to which funds have been 
paid under part B or C 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, 
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 dis-
abilities, 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 proj-
ect 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 him, may, upon finding good cause there-
for, release the applicant or other owner from the obligation to con-
tinue such facility as a public or other nonprofit facility for persons 
with developmental disabilities." 
42 use 6006. 
Ante, pp. 486, 
489. 
NATIONAL ADVISORY COUNCIL 
National 
Advisory Council 
on Services and 
Facilities for the 
Developmentally 
Disabled. 
42 u s e 6007. 
SEC. 126. (a) Section 133 of the Act is transferred to part A of the 
Act (as amended by section 125), is redesignated as section 108, and 
is amended as follows: 
(1) Subsection (a) of such section is amended to read as follows: 
"(a) (1) There is established a National Advisory Council on Serv-
ices and Facilities for the Developmentally Disabled (hereinafter in 
this section referred to as the 'Council') which shall consist of nine 
ex officio members and sixteen members appointed by the Secretary. 
The ex officio members of the Council are the Deputy Commissioner 
of the Bureau of Education for the Handicapped, the Commissioner 
of Eehabilitation Services Administration, the Administrator of the 
Social and Rehabilitation Service, the Director of the National In-
stitute of Child Health and Human Development, the Director of the 
National Institute of Neurological Disease and Stroke, the Director 
of the National Institute of Mental Health, and three other repre-
sentatives of the Department of Health, Education, and Welfare 
selected by the Secretary. The appointed members of the Council shall 
be selected from persons who are not full-time employees of the United 
States and shall be selected without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 5 U
S
C 101 et seq. 
service. The appointed members shall be selected from advocates in 
the field of services to persons with developmental disabilities, includ-
ing leaders in State or local government, in institutions of higher 
education, and in organizations which have demonstrated advocacy 
on behalf of such persons. At least five such members shall be repre-
sentatives of State or local public or nonprofit private agencies re-
sponsible for services to persons with developmental disabilities, and 
89 STAT. 500 
PUBLIC LAW 94-103—OCT. 4, 1975 
at least five other such members shall be persons with developmental 
disabilities or the parents or guardians of such persons. 
"(2) The Secretary shall from time to time designate one of the 
appointed members to serve as Chairman of the Council. 
" (3) The Council shall meet at least twice a year. 
5 use app, I. 
"(4) The Federal Advisory Committee Act shall not apply with 
respect to the duration of the Council." 
42 use 6007. 
(2) Subsection (b) of such section is amended— 
(A) by inserting "appointed" after "Each", and 
(B^ by striking out ", and except that" and all that fol-
lows in that subsection and inserting in lieu thereof a period 
and the following: "An individual who has served as a 
member of the Council may not be reappointed to the Coun-
cil before two years has expired since the expiration of his 
last term of office as a member." 
(3) Subsection (c) of such section is amended to read as follows: 
Duties. 
" (c) It shall be the duty and function of the Council to— 
"(1) advise the Secretary with respect to any regulations 
promulgated or proposed to be promulgated by the Secretary in 
the implementation of the provisions of this title; 
"(2) study and evaluate programs authorized by this title 
to determine their effectiveness in carrying out the purposes for 
which they were established; 
"(3) monitor the development and execution of this title and 
report directly to the Secretary any delay in the rapid execution 
of this title; 
" (4) review grants made under this title and advise the Secre-
tary with respect thereto; and 
"(5) submit to the Congress annually an evaluation of the 
efficiency of the administration of the provisions of this title." 
(4) Subsection (e) of such section is amended (A) by striking 
out "Members" and inserting in lieu thereof 
"Appointed 
members", and (B) by striking out "they" and inserting in lieu 
thereof "all of the members". 
42 use 6007 
(b) The amendments made by subsection (a) do not affect the terai 
iiote. 
of office of persons who on the date of the enactment of this Act are 
members of the National Advisory Council on Services and Facilities 
for the Developmentally Disabled. The Secretaiy of Health, Educa-
tion, and Welfare shall make appointments to such Council in accord-
ance with section 108 of the Act as vacancies occur in the membership 
of such Council on and after the date of the enactment of this Act. 
The ex officio members prescribed by section 108 of the Act shall take 
office as of the date of the enactment of this Act. 
REGTXLATIONS 
42 use 6008. 
SEC. 127. Section 139 of the Act is transf en-ed to part A of the Act 
(as amended by sections 125 and 126), is redesignated as section 109, 
and is amended as follows: 
(1) Paragraphs (a), (b),and (c) are each amended by striking 
out "this part" and inserting in lieu thereof "part C". 
(2) Paragraphs (a), (b), (c), and (d) are redesignated as 
paragraphs (1), (2), (3), and (4), respectively. 
(3) The last sentence is repealed and the following new sentences 
are inserted in lieu thereof: "Regulations of the Secretary shall 
provide for approval of an application submitted by a State for 
a project to be completed by two or more political subdivisions, 
by two or more public or nonprofit private entities, or by any 
PUBLIC LAW 94-103—OCT. 4, 1975 
89 STAT. 501 
combinaition of such subdivisions and entities. Within one hun-
dred and eighty days of the date of the enactment of any amend-
ments to this title, the Secretary shall promulgate such regulations 
as may be required for implementation of such amendments." 
EVALUATION 
SEC. 128. Part A of the Act (as amended by sections 125, 126, and 
127) is amended by adding after section 109 the following new section: 
"EVALUATION SYSTEM 
"SEC. 110. (a) The Secretary, in consultation with the National 42 USC 6009. 
Advisory Council on Services and Facilities for the Developmentally 
Disabled, shall within two years of the date of the enactment of the 
Developmentally Disabled Assistance and Bill of Rights Act develop 
a comprehensive system for the evaluation of services provided to per-
sons with developmental disabilities through programs (including 
residential and nonresidential programs) assisted under this title. 
Within six months after the development of such a system, the Sec- Time-phased 
retary shall require, as a condition to the receipt of assistance under plan, 
this title, that eacli State submit to the Secretary, in such form and 
manner as he ,shall prescribe, a time-phased plan for the implementa-
tion of such a system. Within two years after the date of the develop-
ment of such a system, the Secretary shall require, as a condition to 
the receipt of assistance under this title, that each State provide 
assurances satisfactory to the Secretary that the State is using such a 
system. 
"(b) The evaluation system to be developed under subsection (a) 
shall— 
"(1) provide objective measures of the developmental progress 
of persons with developmental disabilities using data obtained 
from individualized habilitation plans as required under section 
112 or other comparable individual data; 
Post, p. 503. 
"(2) provide a method of evaluating programs providing serv-
ices for persons with developmental disabilities which method 
uses the measures referred to in paragraph (1); and 
"(3) provide effective measures to protect the confidentiality of 
records of, and information describing, persons with develop-
mental disabilities. 
"(c) Not later than two years after the date of the Developmentally 
Report to 
Disabled Assistance and Bill of Rights Act, the Secretary shall submit Congress, 
to the Congress a report on the evaluation system developed pursuant 
to subsection (a). Such report shall include an estimate of the costs to 
the Federal Government and the States of developing and implement-
ing such a system. 
"(d) The Secretary, in consultation with the National Advisory 
Grants and 
Council on Services and Facilities for the Developmentally Disabled, contracts, 
may make grants to public and private nonprofit entities and may 
enter into contracts with individuals and public and nonprofit private 
entities to assist in developing the evaluation to be developed under 
subsection (a), except that such a grant or contract may not be entered 
into with entities or individuals who have any financial or other direct 
interest in any of the programs to be evaluated under such a system. 
Contracts may be entered into under this subsection without regard to 
sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 
U.S.C.5)." 
89 STAT. 502 
PUBLIC LAW 94-103—OCT. 4, 1975 
TITLE II—ESTABLISHMENT AND PROTECTION OF THE 
RIGHTS OF PERSONS WITH DEVELOPMENTAL DISA-
BILITIES 
RIGHTS OF THE DEVELOPMENTALLY DISABLED 
SEC. 201. Part A of the Act (as amended by title I) is amended by 
inserting after section 110 the following new section: 
"RIGHTS o r 
T H E DEVELOPMENTALLY DISABLED 
42 use 6010. 
"SEC. 111. Congress makes the following findings respecting the 
rights of persons with developmental disabilities: 
"(1) Persons with developmental disabilities have a right to 
appropriate treatment, services, and habilitation for such dis-
abilities. 
"(2) The treatment, services, and habilitation for a person with 
developmental disabilities should be designed to maximize the 
developmental potential of the person and should be provided in 
the setting that is least restrictive of the person's personal liberty. 
" (3) The Federal Government and the States both have an obli-
gation to assure that public funds are not provided to any institu-
tional or other residential program for persons with developmental 
disabilities that— 
"(A) does not provide treatment, services, and habilitation 
which is appropriate to the needs of such persons; or 
"(B) does not meet the following minimum standards: 
"(i) Provision of a nourishing, well-balanced daily 
diet to the persons with developmental disabilities being 
served by the program. 
"(ii) Provision to such persons of appropriate and 
sufficient medical and dental services. 
"(iii) Prohibition of the use of physical restraint on 
such persons unless absolutely necessary and prohibition 
of the use of such restraint as a punishment or as a sub-
stitute for a habilitation program. 
"(iv) Prohibition on the excessive use of chemical 
restraints on such persons and the use of such restraints 
as punishment or as a substitute for a habilitation pro-
gram or in quantities that interfere with services, treat-
ment, 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 favor-
able possible outcome for those served, and— 
" (A) in the case of residential programs serving persons in 
need of comprehensive health-related, habilitative, or reha-
bilitative services, which are at least equivalent to those stand-
ards applicable to intermediate care facilities for the mentally 
retarded promulgated in regulations of the Secretary on Jan-
45 CFR 
uary 17,1974 (39 Fed. Reg. pt. II), as appropriate when tak-
200-499. 
ing into account the size of the institutions and the service 
delivery arrangements of the facilities of the programs; 
"(B) in the case of other residential programs for persons 
with developmental disabilities, which assure that care is 
PUBLIC LAW 94-103—OCT. 4, 1975 
89 STAT. 503 
appropriate to the needs of the persons being served hj such 
programs, assure that the persons admitted to facilities of 
such programs are persons whose needs can be met through 
services provided by such facilities, and assure that the facil-
ities under such programs provide for the humane care of 
the residents of the facilities, are sanitary, and protect their 
rights; and 
"(C) in the case of nonresidential programs, which assure 
the care provided by such programs is appropriate to the 
persons served by the programs." 
HABILITATION PLANS 
SEC. 202. Part A of the Act is amended by inserting after section 
111 (added by section 201) the following new section: 
"HABILITATION PLANS 
"SEC. 112. (a) The Secretary shall require as a condition to a 42USC6011. 
State's receiving an allotment under part C after September 30, 1976, Ante, p. 489. 
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 such 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- Requirements, 
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 repre-
sentative. 
"(3) Such plan shall contain a statement of the long-term 
habilitation goals for the person and the intermediate habilitation 
objectives relating to the attainments of such goals. Such objec-
tives shall be stated specifically and in sequence and shall be 
expressed in behavioral or other terms that provide measurable 
indices of progress. The plan shall (A) describe how the objectives 
will be achieved and the barriers that might interfere with the 
achievement of them, (B) state an objective criteria and an evalu-
ation procedure and schedule for determining whether such objec-
tives and goals are bein^ achieved, and (C) provide for a pro-
gram coordinator who will be responsible for the implementation 
of the plan. 
"(4) The plan shall contain a statement (in readily understand-
able form) of specific habilitation services to be provided, shall 
identify each agency which will deliver such services, shall 
describe the personnel (and their qualifications) necessary for the 
provision of such services, and shall specify the date of the initia-
tion 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. 
89 STAT. 504 
PUBLIC LAW 94-103—OCT. 4, 1975 
Annual review. 
" (c) Each habilitation plan shall be reviewed at least annually by 
the agency primarily responsible for the delivery of services to the 
person for whom the plan was established or responsible for the 
coordination of the delivery of services to such person. In the course of 
the review, such person and the person's parents or guardian or other 
representative shall be given an opportunity to review such plan and 
to participate in its revision." 
PROTECTIOlSr AND ADVOCACY OF INDIVTOUAL RIGHTS 
SEC. 203. Part A of the Act is amended by inserting after section 112 
(added by section 202) the following new section: 
42 u s e 6012. 
Ante, p. 489. 
State allotments. 
Ante, p. 489. 
Appropriation 
authorization. 
"PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS 
"SEC. 113. (a) The Secretary shall require as a condition to a State 
receiving an allotment under part C for a fiscal year ending before 
October 1, 1977, that the State provide the Secretary satisfactory 
assurances that not later than such date (1) the State will have in 
effect a system to protect and advocate the rights of persons with 
development disabilities, and (2) such system will (A) have the 
authority to pursue legal, administrative, and other appropriate reme-
dies to insure the protection of the rights of such persons who are 
receiving treatment, services, or habilitation within the State, and (B) 
be independent of any State agency which provides treatment, services, 
or habilitation to persons with developmental disabilities. The Secre-
tary may not make an allotment under part C to a State for a fiscal year 
beginning after September 30, 1977, unless the State has in effect a 
system described in the preceding sentence. 
"(b) (1) To assist States in meeting the requirements of subsection 
(a), the Secretary shall allot to the States the sums appropriated 
under paragraph (2). Such allotments shall be made in accordance 
with subsections (a) (1) (A) and (d) of section 132. 
"(2) For allotments under paragraph (1), there are authorized to 
be appropriated $3,000,000 for fiscal year 1976, $3,000,000 for fiscal 
year 1977, and $3,000,000 for fiscal year 1978." 
42 u s e 6010 
note. 
Review and 
evaluation. 
29 u s e 701 note. 
20 u s e 331 note, 
871. 
42 u s e 1395, 
1396, 1397. 
Ante, p. 502. 
STUDIES AND RECOMMENDATIONS 
SEC. 204. (a) The Secretary of Health, Education, and Welfare 
(hereinafter in this section referred to as the "Secretary") shall con-
duct or arrange for the conduct of the following: 
(1) A review and evaluation of the standards and quality 
assurance mechanisms applicable to residential facilities and 
community agencies under the Rehabilitation Act of 1973, titles 
I and VI of the Elementary and Secondary Education Act of 
1965, titles XVIII, XIX, and XX of the Social Security Act, 
and any other Federal law administered by the Secretary. Such 
standards and mechanisms shall be reviewed and evaluated (A) 
for their effectiveness in assuring the rights, described in section 
111 of the Act, of persons with developmental disabilities, (B) 
for their effectiveness in insuring that services rendered by such 
facilities and agencies to persons with developmental disabilities 
are consistent with current concepts of quality care concerning 
treatment, services, and habilitation of such persons, (C) for 
conflicting requirements, and (D) for the relative effectiveness 
of their enforcement and the degree and extent of their 
effectiveness. 
PUBLIC LAW 94-103—OCT. 4, 1975 
89 STAT. 505 
(2) The development of recommendations for standards and 
quality assurance mechanisms (including enforcement mecha-
nisms) for residential facilities and community agencies providing 
treatment, services, or habilitation for persons with developmental 
disabilities which standards and mechanisms will assure the rights 
stated in section 111 of the Act. Such recommendations shall ^
»
^
«
> p- 502. 
be based upon performance criteria for measuring and evaluating 
the developmental progress of persons with developmental dis-
abilities which criteria are consistent with criteria used in the 
evaluation system developed under section 110 of the Act. 
Ante, p. 501. 
(3) The development of recommendations for changes in Fed-
eral law and regulations administered by the Secretary after 
taking into account the review and evaluation under paragraph 
(1) and the recommended standards or mechanisms developed 
under paragraph (2). 
(b)(1) The Secretary may in consultation with the National 
Advisory Council on Services and Facilities for the Developmentally 
Disabled, obtain (through grants or contracts) the assistance of 
public and private entities in carrying out subsection (a). 
(2) In carrying out subsection (a), the Secretary shall consult with 
appropriate public and private entities and individuals for the 
purpose of receiving their expert assistance, advice, and recommenda-
tions. Such agencies and individuals shall include persons with 
developmental disabilities, representative of such individuals, the 
appropriate councils of the Joint Commission on Accreditation of 
Hospitals, providers of health care, and State agencies. Persons to be 
consulted shall include the following officers of the Department of 
Health, Education, and Welfare: The Commissioner of the Medical 
Services Administration, the Commissioner of the Rehabilitation 
Services Administration, the Deputy Commissioner of the Bureau of 
Education for the Handicapped, the Assistant Secretary for Human 
Development, the Commissioner of the Community Services Adminis-
tration, and the Commissioner of the Social Security Administration. 
(c) The Secretary shall within eighteen months after the date of Report to 
enactment of this Act complete the review and evaluation and develop- congressional 
ment of recommendations prescribed by subsection (a) and shall make committees, 
a report to the Committee on Labor and Public Welfare of the Senate 
and the Committee on Interstate and Foreign Commerce of the House 
of Representatives on such review and evaluation and recommen-
dations. 
TITLE III —MISCELLANEOUS 
REPORT AND STUDY 
42 use 6001 
note. 
SEC. 301. (a) The Secretary of Health, Education, and Welfare 
(hereinafter in this section referred to as the "Secretary") shall, in 
accordance with section 101 (7) of the Act (defining the term "develop-
mental disability") (as amended by title I of this Act), determine Ante, p. 496 
the conditions of persons which should be included as developmental 
89 STAT. 506 
PUBLIC LAW 94-103—OCT. 4, 1975 
Ante, p. 496. 
Report to 
Congress. 
Report to 
Congress. 
Study. 
Report to 
congressional 
committees. 
disabilities for purposes of the programs authorized by title I of the 
Act. Within six months of the date of enactment of this Act the Secre-
tary shall make such determination and shall make a report thereon 
to the Congress specifying the conditions which he determined should 
be so included, the conditions which he determined should not be so 
included, and the reasons for each such determination. After making 
such report, the Secretary shall periodically, but not less often than 
annually, review the conditions not so included as developmental dis-
abilities to determine if they should be so included. The Secretary shall 
report to the Congress the results of each such review. 
(b) (1) The Secretary shall contract for the conduct of an independ-
ent objective study to determine (A) if the basis of the definition 
of the developmental disabilities (as amended by title I of this Act) 
with respect to which assistance is authorized under such title is 
appropriate and, to the extent that it is not, to determine an appro-
priate basis for determining which disabilities should be included 
and which disabilities should be excluded from the definition, and 
(B) the nature and adequacy of services provided under other Federal 
programs for persons with disabilities not included in such definition. 
(2) A final report giving the results of the study required by para-
graph (1) and providing specifications for the definition of develop-
mental disabilities for purposes of title I of the Act shall be submitted 
by the organization conducting the study to the Committee on Inter-
State and Foreign Commerce of the House of Representatives and the 
Committee on Labor and Public Welfare of the Senate not later than 
eighteen months after the date of enactment of this Act. 
CONFORMING AMENDMENTS 
42 use 
SEC. 302. (a) Sections 134,137, 138,140,141, and 142 of the Act are 
6063-6068. 
redesignated as sections 133, 134, 135, 136, 137, and 138, respectively. 
42 use 6062. 
(b) (1) Section 132 of the Act is amended by striking out "134" 
each place it occurs and inserting in lieu thereof "133". 
42 use 6063. 
(2) Section 133(b) (1) is amended by striking out "141" and insert-
ing in lieu thereof "137". 
42 use 6065. 
(3) Section 135 of the Act (as so redesignated) is aniended (A) by 
striking out "134" each place it occurs and inserting in lieu thereof 
"133", and (B) by striking out "136" in subsection (b) and inserting 
in lieu thereof "135". 
42 use 6066. 
(4) Section 136 of the Act (as so redesignated) is amended by 
striking out "134" each place it occurs and inserting in lieu thereof 
"133". 
42 use 6068. 
(5) Section 138 of the Act (as so redesignated) is amended (A) by 
striking out "134" and inserting in lieu thereof "133", and (B) by 
striking out "136" and inserting in lieu thereof "135". 
PUBLIC LAW 94-103—OCT. 4, 1975 
89 STAT. 507 
(c) Sections 100 and 130 of the Act and title IV of the Mental Repeal. 
Ketardation Facilities and Community Mental Health Centers Con- 42 USC 2661 
struction Act of 1963 are repealed. 
"'Tr^JS'^^Jr.. 
^ 
42 USC 2691, 
EFFECTIVE DATE 
2693-2697b. 
SEC. 303. The amendments made by this Act shall take effect with 42 USC 6001 
respect to appropriations under the Act for fiscal years beginning after H^te. 
June 30,1975. 
Approved October 4, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-58 (Comm. on Interstate and Foreign Commerce) and No. 
94-473 (Comm. of Conference). 
SENATE REPORT No. 94-160 accompanying S. 462 (Comm. on Labor and Public 
Welfare). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
Apr. 10, considered and passed House. 
June 2, considered and passed Senate, amended, in lieu of S. 462. 
Sept. 18, House agreed to conference report. 
Sept. 23, Senate agreed to conference report.