Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987
PL 100-146 (S.1417), enacted 10/29/1987

101 STAT. 840 
PUBLIC LAW 100-146—OCT. 29, 1987 
Public Law 100-146 
100th Congress 
<:-j>' iii.* 
An Act 
Oct. 29, 1987 
To amend the Developmental Disabilities Assistance and Bill of Rights Act to extend 
[8. 1417] 
the programs established in such Act, and for other purposes. 
Developmental 
Disabilities 
Assistance and 
Bill of Rights Act 
Amendments of 
1987. 
Health and 
medical care. 
Handicapped 
persons. 
42 u s e 6000 
note. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
... . - 
. 
SHORT TITLE 
42 u s e 6000. 
SECTION 1. This Act may be cited as the "Developmental Disabil-
ities Assistance and Bill of Rights Act Amendments of 1987". 
R E F E R E N C E 
<^ . -
^ l---'-;-.<!•:•/' T ; 
'?-. 
SEC. 2. Except as otherwise specifically provided, whenever in this 
Act an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Devel-
opmental Disabilities Assistance and Bill of Rights Act. 
TITLE I—GENERAL PROVISIONS 
FINDINGS AND PURPOSES 
SEC. 101. Section 101 is amended to read as follows: 
" F I N D I N G S AND t>URPOSES 
'' ;'' 
"SEC. 101. (a) The Congress finds that— 
"(1) there are more than two million persons with devel-
opmental disabilities in the United States; 
"(2) persons whose disabilities occur during their developmen-
tal pneriod frequently have severe disabilities which are likely to 
continue indefinitely; 
c. 
"(3) notwithstanding their severe disabilities, these persons 
have capabilities, competencies, and personal needs and 
preferences; 
"(4) family and members of the community can play a central 
role in enhancing the lives of persons with developmental 
disabilities, especially when the family is provided with nec-
essary support services; 
"(5) persons with developmental disabilities and their families 
often require specialized lifelong assistance to be provided in a 
coordinated manner by many agencies and others in order to 
eliminate barriers for such persons and to meet the needs of 
such persons; 
"(6) generic service agencies and agencies providing special-
ized services to persons with disabilities sometimes overlook, 
inappropriately address the needs of, or exclude persons with 
PUBLIC LAW 100-146—OCT. 29, 1987 
101 STAT. 841 
developmental disabilities in their planning and delivery of 
services; 
"(7) public and private employers tend to be unaware of the 
capability of persons with developmental disabilities to be 
engaged in competitive work in integrated settings; and 
"(8) it is in the national interest to offer persons with devel-
opmental disabilities the opportunity, to the maximum extent 
feasible, to make decisions for themselves and to live in tj^ical 
homes and communities where they can exercise their full 
rights and responsibilities as citizens. 
"(b) The purposes of this title are— 
"(1) to provide assistance to States and public and private 
nonprofit agencies and organizations to assure that all persons 
with developmental disabilities receive the services and other 
assistance and opportunities necessary to enable such persons to 
achieve their maximum potential through increased independ-
ence, productivity, and integration into the community; 
"(2) to enhance the role of the family in assisting persons with 
developmental disabilities to achieve their maximum potential; 
and 
"(3) to make grants to support a system in each State to 
protect the legal and human rights of persons with developmen-
tal disabilities.". 
DEFINITIONS 
SEC. 102. Section 102 is amended— 
(1) by striking out paragraphs (2) and (3) and inserting in lieu 
thereof the following: 
"(2) The term 'nonprofit' means an agency, institution, or 
organization that is owned or operated by one or more corpora-
tions or associations, no part of the net earnings of which 
inures, or may lawfully inure, to the benefit of any private 
share holder or individuEil."; 
(2) by redesignating paragraph (4) as paragraph (3); 
(3) by striking out paragraph (5); 
(4) by redesignating paragraphs (6), (7), (8), and (9) as para-
graphs (4), (5), (6), and (7), respectively; 
(5) by redesignating paragraph (10) as paragraph (8), and in 
such paragraph, by striking out "nonhandicapped" each place 
it appears and inserting in lieu thereof "nondisaoled"; 
(6) by striking out paragraph (11); 
(7) by redesignating paragraphs (12), (13), (14), and (15) as 
paragraphs (17), (18), (19), and (20), respectively; 
(8) by inserting after paragraph (8) (as redesignated by para-
graph (5) of this section) the following new paragraphs: 
"(9) The term 'priority area activities' includes, with respect 
to Federal priority areas or a State priority area— 
yj. 
"(A) activities to increase the capacities and resources of 
public and private nonprofit entities and others to develop a 
system for providing specialized services or special adapta-
tions of generic services or other assistance which responds 
to the needs and capabilities of persons with developmental 
disabilities and their families and to enhance coordination 
,•:-., 
among entities; 
"(B) the— 
"(i) conduct of studies and analyses; 
"(ii) gathering of information; 
j^... 
State and local 
governments. 
Grants. 
42 use 6001. 
101 STAT. 842 
PUBLIC LAW 100-146—OCT. 29, 1987 
' '-^ * 
"(iii) development of model policies, and procedures; 
and 
"(iv) presentation of information, models, findings, 
conclusions, and recommendations to policjonakers, 
in order to enhance opportunities for persons with devel-
•- 
opment£d disabilities, including the enhancement of a 
system for providing or making available specialized serv-
ices or special adaptations of generic services for persons 
with developments^ disabilities and the families of such 
persons; 
"(C) the demonstration of new ways to enhance the 
' ' 
independence, productivity, and integration into the 
community of persons with developmental disabilities, such 
as model demonstrations which, if successful, will be made 
generally applicable through sources of funding other than 
* 
funding under this title, including new ways to enhance 
specialized services or special adaptations of generic serv-
ices for persons with developmental disabilities and the 
families of such persons; 
"(D) outreach activities for persons with developmental 
-asjD , w £ 
disabilities to enable such persons to obtain assistance in 
Federal priority areas or a State priority area, including 
access to specialized services or special adaptations of ge-
neric services for persons with developmental disabilities 
and the families of such persons; 
' 
• ' 
.
^ 
"(E) the training of persons with developmental disabil-
'* -
^ 
ities, family members of such persons, and personnel, 
including professionals, paraprofessionaLs, students, and 
volunteers, to obtain access to, or to provide, services and 
other assistance in the area, including specialized services 
or special adaptations of generic services for persons with 
developmental disabilities and the families of such persons; 
and 
"(F) similar activities designed to prevent developmental 
disabilities from occurring or to expand and enhance the 
>
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> 
independence, productivity and integration into the 
community of persons with developmental disabilities 
through the State on a comprehensive basis. 
"(10) The term 'Federal priority areas' means community 
living activities, emplojntnent activities, child development 
activities, and ceise management activities. 
"(11) The term 'State priority area' means priority area activi-
ties in an area considered essential by the State Planning 
Council. 
"(12) The term 'community living activities' means such prior-
ity area activities as will assist persons with developmental 
disabilities in developing or maintaining suitable residential 
arrangements and supports in the community (including non-
financial supports and family support services). 
"(13) The term 'emplojmient activities' means such priority 
area activities as will increase the independence, productivity, 
or integration of a person with developmental disabilities in 
work settings. 
"(14) The term 'supported emplo3mient' means competitive 
work in integrated work settings— 
"(A) for persons with developmental disabilities for whom 
competitive emplo3nnent has not traditionally occurred; or 
PUBLIC LAW 100-146—OCT. 29, 1987 
101 STAT. 843 
"(B) for persons for whom competitive employment has 
been interrupted or intermittent as a result of a devel-
opmental disability, and who because of their disability 
need on-going support services to perform such work. 
"(15) The term 'child development activities' means such 
priority area activities as will assist in the prevention, identi-
fication, and alleviation of developmental disabilities in chil-
dren, including early intervention services. 
"(16) The term 'case management activities' means priority 
area activities to establish a potentially life-long, goal-oriented 
process for coordinating the range of assistance needed by 
persons with developmental disabilities and their families, 
which is designed to ensure accessibility, continuity of supports 
and services, and accountability and to ensure that the maxi-
mum potential of persons with developmental disabilities for 
independence, productivity, and integration into the community 
is attained."; 
(9) by striking out "facility or facilities" in subparagraph 
(AXii) of paragraph (17) (as redesignated by paragraph (7) of this 
section) and inserting in lieu thereof "program or programs"; 
(10) by striking out "facilities" each place it appears in para-
graph (17) (as redesignated by paragraph (7) of this section) and 
inserting in lieu thereof "programs'; 
(11) by striking out "paragraph (13)" in subparagraph (A)(iii) 
of paragraph (17) (as redesignated by paragraph (7) of this 
section) and inserting in lieu thereof "paragraph (18)"; 
(12) by striking out "facility" the first place it appears in 
lor 
paragraph (18) (as redesignated by paragraph (7) of this section) 
and inserting in lieu thereof "program"; 
(13) by striking out "public or nonprofit facility" in paragraph 
(18) (as redesignated by paragraph (7) of this section) and insert-
ing in lieu thereof "program operated by a public or nonprofit 
private entity"; 
(14) by inserting ", including parents of persons with devel-
opmental disabilities, professionals, paraprofessionals, students, 
and volunteers," before "which is" in subparagraph (A) of para-
graph (18) (as redesignated by paragraph (7) of this section); 
(15) by striking out "the facility" in paragraph (18) (as redesig-
nated by paragraph (7) of this section) and inserting in lieu 
thereof a facility'; and 
(16) by adding at the end thereof the following new 
paragraphs: 
^
v . 
"(21) The term 'family support services' means services 
designed to— 
"(A) strengthen the family's role as primary caregivers; 
"(B) prevent inappropriate out-of-the-home placement 
and maintain family unity; and 
"(C) reunite families with members who have been placed 
out of the home. 
Such term includes respite care, personal care, parent training 
and counseling, support for elderly parents, and other individ-
ualized services. 
"(22) The term 'assistive technology' means the systematic 
application of technology, engineering methodologies, or sci-
entific principles to meet the needs of, and address the barriers 
confronted by, persons with developmental disabilities in areas 
including education, employment, supported 
employment, 
101 STAT. 844 
PUBLIC LAW 100-146—OCT. 29, 1987 
State and local 
governments. 
42 use 6006. 
Minorities. 
Minorities. 
transportation, and independent living and other community 
living arrangements. 
J 
"(23) The term 'early intervention services' means services 
provided to infants, toddlers, young children, and the families of 
-., 
such to— 
1; . 
"(A) identify, assess, and treat developmental disabilities 
[:£^.^ - 
at the earliest possible time to prevent more serious 
disability; 
, .• ;oi > 
"(B) ensure the maximum growth and development of a 
I' 
person within the above classes who has a developmental 
disability; and 
"(C) assist families in raising a child with a developmen-
tal disability.", 
f; 
REPORTS 
SEC. 103. (a) Section 107(a) is amended— 
(1) by striking out "and" at the end of paragraph (2); 
(2) by striking out the period at the end of paragraph (3) and 
inserting in lieu thereof a semicolon; and 
(3) by adding at the end thereof the following new paragraphs: 
"(4) a description of the State Planning Council's response to 
lij^,. significant actions taken by the State with respect to each 
annual survey report and plan of corrections for cited defi-
ciencies prepared pursuant to section 1902(a)(31XB) of the Social 
Security Act with respect to any intermediate care facility for 
the mentally retarded in such State; and 
f'j (. "(5) a description of the progress made in the State in, and 
; t
f
^
- any identifiable trends concerning, the setting of priorities for, 
policy reform concerning, and advocacy for, persons with devel-
opmental disabilities which are attributable to physical impair-
ment, mental impairment, or a combination of physical and 
mental impairments, including any other subpopulation of per-
sons with developmental disabilities (including minorities) that 
the State Planning Council may identify under sections 122(bX3) 
and 122(f).". 
(b) Section 107(c)(1) is amended— 
(1) by striking out "and" at the end of subparagraph (A); 
(2) by striking out the period at the end of subparagraph (B) 
^._ 
and inserting in lieu thereof a semicolon; and 
(3) by adding at the end thereof the following new subpara-
••fitffi- g r a p h s : 
"(C) the progress made by States in, and any identifiable 
B-Kii% i- 
trends concerning, the setting of priorities for, policy 
reform concerning, and advocacy for, persons with devel-
opmental disabilities attributable to physical impairment, 
mental impairment, or a combination of physical and 
mental impairments, including any other subpopulation of 
btJ^'j'ir:; ' persons with developmental disabilities (including minori-
ties) that the State Planning Council may identify under 
.. u;^r- 
sections 122(bX3) and 122(0; 
•..i>ir,t. 
"(D) the significant Federal policies that impact on the 
ability of States to address the needs of persons with devel-
opmental disabilities attributable to physical impairments, 
mental impairments, or a combination of mental and phys-
ical impairments; and 
"(E) the number of meetings held by the interagency 
,^'fM.i .' 
committee established under section 108(b) during the 
- t « 0 
PUBLIC LAW 100-146—OCT. 29, 1987 
101 STAT. 845 
period for which the report is made, which agencies were 
represented at each such meeting, and the accomplish-
ments of the interagency committee in comparison to the 
goals and objectives of such committee.". 
>. > 
TITLE II—STATE ASSISTANCE PROGRAM 
7 
PURPOSE 
' 
SEC. 201. (a) Section 121 is amended to read as follows: 
42 use 6021. 
"PURPOSE 
"SEC. 121. The purpose of this part is to provide payments to 
States to assist in the development of a comprehensive system and a 
coordinated array of services and other assistance for persons with 
developmental disabilities through the conduct of, and appropriate 
planning and coordination of, administrative activities, Federal 
priority activities, and a State priority activity, in order to support 
persons with developmental disabilities to achieve their maximum 
potential 
through 
increased 
independence, 
productivity, 
and 
integration into the community.". 
(b) The heading for part B is amended by striking out "AND 42 USC prec. 
SERVICE" and inserting in lieu thereof "PRIORITY AREA". 
^^^i. 
STATE PLAN REQUIREMENTS 
SEC. 202. (a) Section 1220)) is amended by striking out "for the 42 use 6022. 
provision of services for persons with developmental disabilities" in 
the matter preceding paragraph (1). 
OsXlXA) Section 122(b)(1) is amended— 
(i) by striking out subparagraph (A) and inserting in lieu 
thereof the following: 
"(A) The plan must provide for the establishment of a State 
Planning Council in accordance with section 124."; 
(ii) by striking out subparagraph (B) and inserting in lieu 
thereof the following: 
"(B) The plan must designate the State agency which shall admin-
ister or supervise the administration of the State plan (hereafter in 
this part referred to as the 'designated State agency'). Except as 
provided in subsection (e), the designated State agency may be— 
"(i) the State Planning Council required under subparagraph 
(A) if such Council may be the designated State agency under 
# 
the laws of the State; 
"(ii) a State agency that does not provide or pay for services 
»* 
made available to persons with developmental disabilities; or 
"(iii) a State office, including the immediate office of the 
/ 
Governor of the State or a State planning office."; and 
* 
(iii) by striking out "each" in subparagraph (C) and inserting 
o; 
in lieu thereof "the". 
(B) Section 122 is amended by adding at the end thereof the 
following new subsection: 
"(e)(1) If a State agency that provides or pays for services for 
persons with developmental disabilities was a designated State 
agency for purposes of this part on the date of enactment of the 
, 
Developmental Disabilities Assistance and Bill of Rights Act 
Amendments of 1987 and the Governor of the State determines, 
before June 30, 1988, not to change the designation of such agency, 
101 STAT. 846 
PUBLIC LAW 100-146—OCT. 29, 1987 
such agency may continue to be a designated State agency foi 
purposes of this part. 
"(2) The determination of the Governor of a State under para-
graph (1) shall be at the discretion of the Governor and shall be 
made by the Governor after the Governor has considered the com-
ments of the general public and the non-State agency members of 
the State Planning Council with respect to the designation of such 
State agency, and after the Governor has made an independent 
assessment of the impact that the designation of such agency has on 
the ability of the State Planning Council to serve as an advocate for 
persons with developmental disabilities. 
"(3) If the Governor of a State determines not to retain the 
designation of a State agency in effect on the date of enactment of 
the Developmental Disabilities Assistance and Bill of Rights Act 
Amendments of 1987, the Governor shall, by October 1, 1990, des-
ignate another agency as the State agency in accordance with the 
requirements of subsection Ot)XlXB). 
"(4) After the date of enactment of the Developmental Disabilities 
Assistance and Bill of Rights Act Amendments of 1987, any designa-
tion of a State agency shall be made in accordance with the require-
ments of subsection ObXlXB).". 
(2) Section 122(bX2) is amended— 
(A) by inserting a comma and "activities," after "programs" 
in subparagraph (A); 
(B) by striking out clause (i) of subparagraph (C) and inserting 
in lieu thereof "(i) the extent and scope of services being pro-
vided, or to be provided, to persons with developmental disabil-
ities under such other State plans or federally assisted State 
programs that the State conducts and in which persons with 
developmental disabilities are eligible to participate, including 
programs relating to education, job training, vocational re-
habilitation, public assistance, medical assistance, social serv-
ices, maternal and child health, aging, programs for children 
with special health care needs, housing, comprehensive health 
and mental health, and such other plans as the Secretary may 
specify, and"; and 
(C) by striking out "priority services being or to be provided" 
in subparagraph (D) and inserting in lieu thereof "Federal and 
State priority areas which are addressed or which will be 
addressed". 
(3) Section 122 (as amended by paragraph (IXB) of this subsection) 
is further amended— 
(A) by redesignating paragraphs (3) through (7) of subsection 
(b) as paragraphs (4) through (8), respectively; 
(B) by inserting after paragraph (2) of such subsection the 
following new paragraph: 
"(3) The plan must describe a process and timetable for the 
completion, by January 1,1990, by the State Planning Council in the 
State, of the reviews, analyses, and final report described in 
subsection (f)."; and 
(C) by adding at the end thereof the following new subsection: 
"(fKD Each State Planning Council shall conduct a comprehensive 
review and analysis of the eligibility for services provided, and the 
extent, scope, and effectiveness of, services provided and functions 
performed by, all State agencies (including agencies which provide 
public assistance) which affect or which potentially affect the ability 
of persons with developmental disabilities to achieve the goals of 
PUBLIC LAW 100-146—OCT. 29, 1987 
101 STAT. 847 
independence, productivity, and integration into the community, 
including persons with developmental disabilities attributable to 
physical impairment, mental impairment, or a combination of phys-
ical and mental impairments. 
"(2) Each State Planning Council shall conduct a review and 
analysis of the effectiveness of, and consumer satisfaction with, the 
functions performed by, and services provided or paid for from 
Federal and State funds by each of the State agencies (including 
agencies providing public assistance) responsible for performing 
functions for, and providing services to, all persons with devel-
opmental disabilities in the State. Such review and analysis shall be 
based upon a survey of a representative sample of persons with 
developmental disabilities receiving services from each such agency, 
and if appropriate, shall include their families. 
"(3) Each State Planning Council shall convene public forums, 
after the provision of notice within the State, in order to— 
"(A) present the findings of the reviews and analyses pre-
pared under paragraphs (1) and (2); 
"(B) obtain comments from all interested persons in the State 
regarding the unserved and underserved populations of persons 
with developmental disabilities which result from physical 
impairment, mental impairment, or a combination of physical 
i 
and mental impairments; and 
"(C) obtain comments on any proposed recommendations 
concerning the removal of barriers to services for persons with 
developmental disabilities and to connect such services to exist-
ing State agencies by recommending the designation of one or 
more State agencies, as appropriate, to be responsible for the 
provision and coordination of such services. 
"(4) By January 1, 1990, each State Planning Council shall pre- Reports. 
pare and transmit to the Governor of the State and the legislature of 
the State a final written report concerning the review and analyses 
conducted under paragraphs (1) and (2). The report shall contain 
recommendations by the State Planning Council concerning— 
"(A) the most appropriate agency or agencies of the State to 
be designated as responsible for the provision and coordination 
of services for persons with developmental disabilities who are 
; 
traditionally underserved, such as persons with developmental 
disabilities attributable to physical impairment, persons with 
developmental disabilities attributable to dual mental impair-
ments, and persons with developmental disabilities attributable 
to a combination of physical and mental impairments, and such 
other subpopulations of persons with developmental disabilities 
(including minorities) as the State Planning Council may iden-
tify; and 
s 
"(B) the steps to be taken to include the data and rec-
ommendations obtained through the conduct of the reviews and 
analyses under paragraphs (1) and (2) in the State Planning 
Council's ongoing advocacy, public policy, and model service 
demonstration activities. 
"(5) By January 15, 1990, the Governor of each State shall submit Reports. 
to the Secretary a copy of the report required by paragraph (4). By 
April 1, 1990, the Secretary shall transmit a summary of such 
reports to the appropriate committees of the Congress.". 
(4) Section 122(bX4) (as redesignated by paragraph (3)(A) of this 
subsection) is amended— 
101 STAT. 848 
PUBLIC LAW 100-146—OCT. 29, 1987 
(A) by striking out "strengthening services for" in subpara-
graph (A) and inserting in lieu thereof "enhancing the 
independence, productivity, and integration into the community 
of; and 
(B) by striking out "or agencies" each place it appears in 
subparagraph (C). 
(5) Section 122(b)(5) (as redesignated by paragraph (3)(A) of this 
subsection) is amended— 
(A) by striking out subparagraph (A) and inserting in lieu 
thereof the following: 
"(A) The plan must provide for the examination, not less often 
than once every three years, of the provision, and the need for the 
provision, in the State of the four Federal priority areas and the 
State priority area. Such examination shall be made consistent with 
subparagraph (B)."; 
(B) by striking out subparagraph (B) and inserting in lieu 
thereof the following: 
"(B) The plan must provide for the review and revision, not less 
often than once every three years, of the comprehensive Statewide 
plan to ensure the existence of appropriate planning, financial 
support and coordination, and to otherwise appropriately address, 
on a Statewide and comprehensive basis, urgent needs in the State 
for the provision of services for persons with developmental disabil-
ities and the families of such persons. Such review and revision, and 
examination under subparagraph (A), shall take into account the 
reviews and analyses conducted, and the report prepared, under 
subsection (f), and shall, at a minimum, include— 
"(i) an analysis of such priority areas in relation to limited 
support or lack of support for persons with developmental 
disabilities attributable to either physical impairment, men-
> rf«.* * tal impairment, or a combination of physical and mental 
impairments; 
"(ii) an analysis of criteria for eligibility for services, includ-
ing specialized services and special adaptation of generic serv-
ices provided by agencies within the State, that may be causing 
persons with developmental disabilities to be excluded from 
receiving such services; 
"(iii) an analysis of services, assistive technology, or knowl-
edge which may be unavailable to assist persons with devel-
opmental disabilities; 
"(iv) an analysis of existing and projected fiscal resources; 
"(v) an analysis of any other issues identified by the State 
Planning Council; and 
"(vi) the formulation of objectives in both policy reform and 
>- service demonstration to address the issues described in clauses 
(i) through (v) for all subpopulations of persons with devel-
opmental disabilities which may be identified by the State 
Planning Council."; 
(C) by striking out subparagraph (C); 
(D) by redesignating subparagraphs (D), (E) and (F) as sub-
paragraphs (C),(D), and (E), respectively; 
taTxiaH 
(E) by striking out "service activities in the priority services" 
in clause (i) of subparagraph (D) (as redesignated by subpara-
graph (D) of this paragraph) and inserting in lieu thereof 
"activities in the Federal priority area of employment activities, 
i 
and, at the discretion of the State, activities in any or all of the 
three other Federal priority areas and a State priority area, the 
PUBLIC LAW 100-146—OCT. 29, 1987 
101 STAT. 849 
conduct of the analyses specified in clauses (i) through (v) of 
subparagraph (B), and the implementation of paragraph (3) and 
subsection (f)"; 
-4,,^e*Mfc>i 
(F) by striking out "service activities for persons with devel-
opmental disabilities, and" in clause (ii) of such subparagraph; 
(G) by inserting "priority area activities for" after "adminis-
tration o f in such clause; and 
(H) by striking out "the provision of such services" in such 
clause and inserting in lieu thereof "persons with developmen-
tal disabilities". 
(6) Section 122(b)(6) (as redesignated by paragraph (3)(A) of this 
subsection) is amended— 
(A) by striking out "services furnished" in clause (i) of 
subparagraph (A) and inserting in lieu thereof "programs"; 
(B) by striking out "furnished" in such clause and inserting in 
lieu thereof "operated"; and 
(C) by striking out "delivery of services" in clause (ii) of such 
subparagraph and inserting in lieu thereof "programs". 
(7) Section 122(b)(7)(B) (as redesignated by paragraph (3)(A) of this 
subsection) is amended by striking out "alternative community 
living arrangement services" and inserting in lieu thereof "commu-
nity living activities". 
HABILITATION PLANS 
' SEC. 203. Section 123(b) is amended— 
42 use 6023. 
(1) by striking out paragraph (2) and inserting in lieu thereof 
the following: 
"(2) The plan shall be developed jointly by (A) the person for 
whom the plan is established, (B) where appropriate, such 
person's parent or guardian or other representative, and (C) a 
representative or representatives of the program primarily 
responsible for delivering or coordinating the delivery of serv-
ices to the person for whom the plan is established."; and 
(2) by striking out "program coordinator who will be respon-
sible for" in paragraph (3)(C) and inserting in lieu thereof "case 
manager who will be responsible for coordinating". 
STATE PLANNING COUNCILS 
^ SEC. 204. Section 124 is amended— 
42 use 6024. 
(1) by redesignating subsection (b) £is subsection (d) and, in 
paragraph (1) of such subsection— 
(A) by striking out "or agencies"; and 
(B) by striking out ", including the specification of serv-
' ' ' 
ices under section 122(bK4XB)" and inserting in lieu thereof 
the following: "including the specifications of Federal and 
State priority area activities under section 1220t)X5XDXi)"; 
and 
(2) by striking out subsection (a) and inserting in lieu thereof 
the following: 
"(a) Each State which receives assistance under this part shall 
Establishment. 
establish a State Planning Council which will serve as an advocate 
for all persons with developmental disabilities. 
"Ot)Xl) The members of the State Planning Council of a State shall 
be appointed by the Governor of the State from among the residents 
of that State. 
101 STAT. 850 
PUBLIC LAW 100-146—OCT. 29, 1987 
"(2) The Governor of each State shall make appropriate provisions 
for the rotation of membership on the State Planning Council. 
Education. 
"(3) Each State Planning Council shall at all times include in its 
membership representatives of the principal State agencies (includ-
ing 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, the State 
agency that administers funds provided under the Older Americans 
Act of 1965, and the State agency that administers funds provided 
under title XIX of the Social Security Act for persons with devel-
opmental disabilities), higher education training facilities, each 
university affiliated program or satellite center in the State, the 
State protection and advocacy system established under section 142, 
local agencies, and nongovernmental agencies and private nonprofit 
groups concerned with services for persons with developmental 
disabilities in that State. 
"(4) At least one-half of the membership of each State Planning 
Council shall consist of persons who— 
"(A) are persons with developmental disabilities; 
"(B) are parents or guardians of such persons; or 
"(C) are immediate relatives or guardians of persons with 
mentally impairing developmental disabilities, 
and who are not employees of a State agency which receives funds 
or provides services under this part, who are not managing employ-
ees (as defined in section 1126(b) of the Social Security Act) of any 
other entity which receives funds or provides services under this 
part, and who are not persons with an ownership or control interest 
(within the meaning of section 1124(aX3) of the Social Security Act) 
with respect to such an entity. 
"(5) Of the members of the State Planning Council described in 
paragraph (4)— 
"(A) at least one-third shall be persons with developmental 
disabilities; and 
"(BXi) at least one-third shall be individuals described in 
subparagraph (C) of paragraph (4), and (ii) at least one of such 
individuals shall be an immediate relative or guardian of an 
institutionalized or previously institutionalized person with a 
developmental disability. 
"(c)(1) Each State Planning Council may prepare and approve a 
:4. ^ ,
K 
budget using amounts paid to the State under this part to hire such 
staff and obtain the services of such professional, technical, and 
clerical personnel consistent with State law as the State Planning 
Council determines to be necessary to carry out its functions under 
this part. 
"(2) The staff and other personnel of a State Planning Council, 
while working for the State Planning Council, shall be responsible 
solely for assisting the State Planning Council in carrying out its 
duties under this part and shall not be assigned duties by the 
designated State agency or any other agency or office of the State.". 
:. . I 
. . . . . 
. r 
^.. 
STATE ALLOTMENTS 
42 use 6025. 
SEC. 205. (a) Section 125(a) is amended— 
(1) by striking out "$100,000" in clause (i) of paragraph (3XA) 
and inserting in lieu thereof "$160,000"; 
(2) by striking out "$250,000" in clause (ii) of such paragraph 
and inserting in lieu thereof "$300,000"; 
PUBLIC LAW 100-146—OCT. 29, 1987 
101 STAT. 851 
(3) by striking out "$47,000,000" in paragraph (4) and insert-
ing in lieu thereof "$60,000,000"; 
(4) by striking out "$160,000" in subparagraph (A) of such 
paragraph and inserting in lieu thereof "$200,000"; 
(5) by striking out '^$300,000" in subparagraph (B) of such 
paragraph and inserting in lieu thereof "$350,000"; and 
(6) by adding at the end thereof the following new paragraph: 
"(6) In any case in which the total amount appropriated under 
section 130 for a fiscal year exceeds the total amount appropriated 
under such section for the preceding fiscal year by a percentage 
greater than the most recent percentage change in the Consumer 
Price Index published by the Secretary of Labor under section 
100(c)(1) of the Rehabilitation Act of 1973, the Secretary may in-
crease each of the minimum allotments under paragraphs (3) and (4) 
by an amount which bears the same ratio to the amount of such 
minimum allotment (including any increases in such minimum 
allotment under this paragraph for prior fiscal years) as the amount 
which is equal to the difference between— 
"(A) the total amount appropriated under section 130 for the 
fiscal year for which the increase in minimum allotment is 
being made, minus 
"(B) the total amount appropriated under section 130 for the 
, 
immediately preceding fiscal year, 
bears to the total amount appropriated under section 130 for such 
preceding fiscal year.". 
(b) Section 1250t>) is amended to read as follows: 
"(b) Any amount paid to a State for a fiscal year and remaining 
unobligated at the end of such year shall remain available to such 
State for the next fiscal year for the purposes for which such 
amount was paid.". 
WITHHOLDING 
SEC. 207. Section 127(1) is amended by inserting ", particularly 42 use 6027. 
sections 122(b)(3) or 122(f)" after "State plan". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 208. Section 130 is amended to read as follows: 
42 use 6030. 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 130. For allotments under section 125, there are authorized 
to be appropriated $62,200,000 for fiscal year 1988, $69,900,000 for 
fiscal year 1989, and $77,400,000 for fiscal year 1990.". 
TITLE III—PROTECTION AND ADVOCACY 
REQUIREMENTS FOR SYSTEM 
SEC. 301. (a) Section 142(a)(2) is amended— 
42 use 6042. 
(1) by redesignating subparagraphs (B), (C), and (D) as sub-
paragraphs (E), (F), and (G), respectively; 
(2) by striking out subparagraph (A) and inserting in lieu 
thereof the following: 
"(A) have the authority to— 
"(i) pursue legal, administrative, and other appro- Minorities. 
^
] 
priate remedies or approaches to ensure the protection 
of, and advocacy for, the rights of such persons within 
101 STAT. 852 
PUBLIC LAW 100-146—OCT. 29, 1987 
li^gj iynr. '• the State who ar^ or who may be eligible for treatment, 
, 
.
^ 
^ services, or habilitation, or who are being considered 
n i;^ t 
..; for a change in living arrangements, with particular 
, 
attention to members of minority groups; and 
i:mj& 10 
"(ii) provide information on and referral to programs 
and services addressing the needs of persons with 
developmental disabilities; 
"(B) have the authority to investigate incidents of abuse 
and neglect of persons with developmental disabilities if the 
incidents are reported to the system or if there is probable 
cause to believe that the incidents occurred; 
"(C) on an annual basis, provide the public with an 
opportunity to comment on priorities established by, and 
activities of, the system; 
"(D) establish a grievance procedure for clients or 
''"-• 
prospective clients of the system to assure that persons with 
^nu ' ./f. developmental disabilities have full access to services of the 
system;"; and 
'"" " 
(3) by striking out subparagraph (G) (as redesignated by 
- - clause (1) of this subsection) and inserting in lieu thereof the 
following: 
'jr'l 
"(G) have access to all records of^ 
"(i) any person with developmental disabilities who is 
i-y.'- 
••• 
a client of the system if such person, or the legal 
guardian, conservator, or other legal representative of 
, such person, has authorized the system to have such 
;4n..' '. 
. f access; and 
'•*,'''''- "• ' * 
"(ii) any person with developmental disabilities— 
"'••'* ^-^ 
' 
"(I) who, by reason of the mental or physical 
condition of such person, is unable to authorize the 
system to have such access; 
state and local 
"(II) who does not have a legal guardian, con-
governments. 
'i liK«; i>:i| ' g servator, or other legal representative, or for whom 
the legal guardian is the State; and 
"(III) with respect to whom a complaint has been 
received by the system or with respect to whom 
there is probable cause to believe that such person 
has been subject to abuse or neglect;", 
(b) Section 142(c) is amended— 
(1) by striking out "$11,000,000" in subparagraph (A) of para-
graph (1) and inserting in lieu thereof "$20,000,000"; 
(2) by striking out "$80,000" in clause (i) of such subparagraph 
and inserting in lieu thereof "$107,000"; 
(3) by striking out "$150,000" in clause (ii) of such subpara-
graph and inserting in lieu thereof "$200,000"; 
(4) by striking out "$11,000,000" in subparagraph (B) of such 
paragraph and inserting in lieu thereof "$20,000,000"; 
(5) by striking out "$50,000" in such subparagraph and insert-
, 
ing in lieu thereof "$150,000, and the allotment of each of 
-dm American Samoa, Guam, the Virgin Islands, the Common-
., wealth of the Northern Mariana Islands, and the Trust Terri-
• ^^- tory of the Pacific Islands for such fiscal year shall not be less 
than $80,000"; 
(6) by redesignating paragraphs (2) and (3) as paragraphs (3) 
and (4), respectively; and 
(7) by inserting after paragraph (1) the following new 
fj*i;j paragraph: •
•
- •
•
-
- •;-..«-<.. >
^
.
<
.
. . .s.; v«j^..^,,..,.„.„„.„ ,,.. 
I 
.yiu.' 
li-tr- ')d,. 
PUBLIC LAW 100-146—OCT. 29, 1987 
101 STAT. 853 
"(2) In any case in which the total amount appropriated under 
section 143 for a fiscal year exceeds the total amount appropriated 
under such section for the preceding fiscal year by a percentage 
greater than the most recent percentage change in the Consumer 
Price Index published by the Secretary of Labor under section 
100(c)(1) of the Rehabilitation Act of 1973, the Secretary may in-
crease each of the minimum allotments under subparagraphs (A) 
and (B) of paragraph (1) by an amount which bears the same ratio to 
the amount of such minimum allotment (including any increases in 
such minimum allotment under this paragraph for prior fiscal 
years) as the amount which is equal to the difference between— 
"(A) the total amount appropriated under section 143 for the 
fiscal year for which the increase in minimum allotment is 
1
, 
being made, minus 
"(B) the total amount appropriated under section 143 for the 
immediately preceding fiscal year, 
bears to the total amount appropriated under section 143 for such 
preceding fiscal year.". 
(c) Section 142 is further amended— 
(1) by striking out subsection (h); 
(2) by redesignating subsection (c) (as amended by subsection 
(b) of this section) as subsection (b); and 
(3) by adding at the end thereof the following new subsection: 
"(c) Any amount paid to a State for a fiscal year and remaining 
unobligated at the end of such year shall remain available to such 
State for the next fiscal year for the purposes for which such 
amount was paid.". 
State and local 
governments. 
AUTHORIZATION OF APPROPRIATIONS 
I SEC. 302. Section 143 is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 143. For allotments under section 142, there are authorized 
to be appropriated $20,000,000 for fiscal year 1988, $22,000,000 for 
fiscal year 1989, and $24,200,000 for fiscal year 1990.". 
42 u s e 6043. 
TITLE IV—UNIVERSITY AFFILIATED PROGRAMS 
PURPOSE 
SEC. 401. (a) Section 151 is amended— 
i' 
(1) by striking out "facilities" and inserting in lieu thereof 
"programs"; and 
(2) by striking out "the conduct of service demonstration 
programs" and inserting in lieu thereof "the demonstration of 
exemplary services and technical assistance", 
(b) The heading for part D is amended by striking out "FACILITIES" 
and inserting in lieu thereof "PROGRAMS". 
Community 
development. 
42 u s e 6061. 
42 u s e prec. 
6061. 
GRANT AUTHORITY 
SEC. 402. (a) Section 152(a) is amended— 
(1) by striking out "section 154" and inserting in lieu thereof 
"section 154(a)"; 
(2) by striking out "facilities" and inserting in lieu thereof 
"programs"; and 
42 u s e 6062. 
101 STAT. 854 
PUBLIC LAW 100-146—OCT. 29, 1987 
(3) by striking out "section 102(13)" and inserting in lieu 
thereof "section 102(18)". 
(b) Section 152 is further amended— 
(1) by striking out subsections flj) and (d); 
(2) by redesignating subsection (c) as subsection (d) and (in 
such subsection)— 
(A) by striking out "The" and inserting in lieu thereof 
"From amounts appropriated under section 154(a), the"; 
(B) by inserting "and may compete for grants under 
subsections (b) and (c)" before the period at the end of the 
second sentence; and 
(C) by striking out "section 102(13)" and inserting in lieu 
> 
thereof "section 102(18)"; 
Education. 
(3) by inserting after subsection (a) the following new 
subsections: 
"03X1)(A) From amounts appropriated under section 154(b), the 
Secretary shall make grants of sufficient size and scope to university 
affiliated programs receiving grants under subsection (a) to support 
training projects to train personnel to address the needs of persons 
with developmental disabilities in areas of emerging national 
significance, particularly projects to train personnel in the areas of 
early intervention programs (as described in paragraph (2)), pro-
grams for elderly persons with developmental disabilities (as de-
scribed in paragraph (3)), and community-based service programs (as 
described in paragraph (4)). 
"(B) The Secretary shall make determinations with respect to 
grants under this subsection b£ised on information relating to 
present and projected needs for the training of personnel based on 
identified State, regional, or national shortages of personnel, the 
capacity of the university affiliated programs to train personnel, 
and such other information as may be determined necessary and 
appropriate by the Secretary. 
*(C) Grants under this subsection may be used by university 
affiliated programs to (i) assist in paying the costs of courses of 
training or study for personnel to provide services for persons with 
developmental 
disabilities 
and 
(ii) 
establish 
fellowships 
or 
traineeships providing such stipends and allowances as may be 
determined by the Secretary. 
,;^,'^.,., 
"(2) Grants under this subsection for training projects with re-
spect to early intervention programs shall be for the purpose of 
assisting university affiliated programs in providing training to 
allied health personnel and other personnel who provide, or who 
will provide, interdisciplinary intervention to infants, toddlers, and 
preschool age children with developmental disabilities. Such train-
ing projects shall include instruction on methods of working and 
collaborating with professionals and families of persons with devel-
opmental disabilities. 
, i:, 
"(3) Grants under this subsection for training projects with re-
v' spect to programs for elderly persons with developmental disabil-
ities shall be for the purpose of supporting the planning, design, and 
implementation of coordinated interdisciplinary training programs 
between existing aging or gerontological programs and university 
J', 
affiliated programs in order to prepare professional staff to provide 
services for elderly persons with developmental disabilities. 
"(4) Grants under this subsection for training projects with re-
spect to community-based programs shall be for the purpose of 
providing interdisciplinary training to personnel who will provide 
PUBLIC LAW 100-146—OCT. 29, 1987 
101 STAT. 855 
direct supports and services for persons with developmental disabil-
ities, including paraprofessionals who are employed or are prepar-
ing to be employed in community-based day programs or residential 
programs for persons with developmental disabilities. The Secretary 
shall ensure that all grants under this paragraph are made only to 
university affiliated programs that involve local community-level 
direct care programs and paraprofessional training programs in the 
preparation of the application for such grant and shall assure that 
any training under the university affiliated program will be coordi-
nated with local programs. 
"(c) From amounts appropriated under section 154(b), the Sec-
retary may make grants to university affiliated programs receiving 
grants under subsection (a) to support one or more of the following 
activities: 
"(1) The provision of service-related training to persons with 
developmental disabilities, family members of such persons, 
professionals, volunteers, or other personnel to enable such 
persons, family members, professionals, volunteers, or person-
nel to provide services to increase or maintain the independ-
; 
ence, productivity, and integration into the community of per-
sons with developmental disabilities. 
n 
"(2) The conduct of an applied research program designed to 
produce more efficient and effective methods for (A) the deliv-
ery of services to persons with developmental disabilities, and 
(B) the training of professionals, paraprofessionals, and parents 
who provide such services."; and 
(4) by adding at the end thereof the following new subsection: 
"(e) From amounts appropriated under section 154(a), the Sec-
retary may make a grant to a university or a public or nonprofit 
entity which is associated with, or is an integral part of, a college or 
university, to study the feasibility of establishing a university affili-
ated program or a satellite center. Such study shall include an 
assessment of the needs of the area in which the university is 
located for such a program or center. The amount of a grant under 
this subsection may not exceed $35,000 for any fiscal year. A grant 
under this subsection may only be made in a State in which there is 
no university affiliated program or satellite center.". 
APPLICATIONS 
SEC. 403. (a) Section 153(a) is amended— 
State and local 
(1) by striking out "facilities" in the first sentence and insert- governments. 
ing in lieu thereof "programs"; 
^2 USC 6063. 
(2) by inserting "all" before "persons with developmental 
disabilities" in the second sentence; and 
(3) by striking out "section 102(13)" in the second sentence 
and inserting in lieu thereof "section 102(18)". 
(b) Section 1530?) is amended— 
(1) by striking out "section 152" in the matter preceding 
paragraph (1) and inserting in lieu thereof "section 152(a)"; 
(2) by striking out "facility" each place it appears in para-
graph (2) and inserting in lieu thereof "program'; 
(3) by striking out is making" in clause (i) of subparagraph 
(B) of such paragraph and inserting in lieu thereof "will make"; 
(4) by striking out "and" at the end of such subparagraph; 
(5) by striking out the period at the end of paragraph (3) and 
inserting in lieu thereof a semicolon; and 
101 STAT. 856 
PUBLIC LAW 100-146—OCT. 29, 1987 
Regulations. 
(6) by adding at the end thereof the following new paragraphs: 
"(4) the activities conducted under this part are consistent 
with, and to the extent feasible, complement and further, the 
objectives contained in the State plan required under section 
122; and 
"(5) before the submission of such application, an opportunity 
for comment has been provided to the general public and the 
State Planning Council of the State in which the program will 
be conducted or the satellite center is or will be located.". 
(c) Section 153(c) is amended— 
(1) by striking out "facility" and inserting in lieu thereof 
"program"; and 
9,m 
(2) by striking out "section 152" and inserting in lieu thereof 
"section 152(a)'\ 
(d) Section 153(d) is amended— 
(1) by striking out "facility" each place it appears and insert-
ing in lieu thereof "program"; 
(2) by striking out "section 154" each place it appears and 
inserting in lieu thereof "section 154(a)"; 
(3) by striking out "$175,000" in paragraph (1) and inserting 
in lieu thereof '^$200,000"; 
(4) by striking out "$75,000" in paragraph (1) and inserting in 
lieu thereof "$150,000"; and 
(5) by adding at the end thereof the following new paragraph: 
"(3XA) For purposes of making grants under section 152(a), the 
Secretary shall consider applications for grants for four university 
affiliated programs or satellite centers for each of the fiscal years 
1988, 1989, and 1990 which are in addition to the total number of 
university affiliated programs and satellite centers receiving grants 
under such section for the preceding fiscal year. 
"(B) Such programs and centers shall, to the extent feasible, be 
geographically distributed for the purpose of serving States that are 
unserved by university affiliated programs and satellite centers 
under this part on the date of enactment of the Developmental 
Disabilities Assistance and Bill of Rights Act Amendments of 1987. 
"(C) The Secretary may not deny an application for a university 
affiliated program or satellite center solely because of the size of the 
population proposed to be served by the program or center, if such 
application proposes to serve the population of an entire State.". 
(e) Section 153 (as amended in this section) is further amended by 
adding at the end thereof the following new subsection: 
"(e)(1) The Secretary shall by regulation require appropriate tech-
nical and qualitative peer review of applications for assistance 
under this part by peer review groups established under para-
graph (4). 
"(2) Regulations promulgated under paragraph (1) shall provide 
that the review of the application required by such paragraph shall 
be conducted by groups established under paragraph (4) that are 
composed of non-Federal individuals who, by experience or training, 
are highly qualified to assess the comparative quality of applications 
for assistance. 
"(3XA) The Secretary may approve an application under this part 
only if such application has been recommended by a peer review 
group that has conducted the peer review required under para-
graph (1). 
"(B) This paragraph shall apply to the approval of grant applica-
tions received for fiscal year 1990 and succeeding fiscal years. 
PUBLIC LAW 100-146—OCT. 29, 1987 
101 STAT. 857 
"(4) The Secretary, acting through the Commissioner of the 
Administration 
on Developmental Disabilities, may, notwith-
standing— 
"(A) the provisions of title 5, United States Code, concerning 
appointments to the competitive service; 
"(B) the provisions of chapter 51, and subchapter III of chap-
• 
ter 53 of title 5, United States Code, concerning classification 
and General Schedule pay rates; 
establish such peer review groups as are necessary to carry out this 
subsection, and appoint and set the rates of pay for members of such 
groups. 
"(5) The Secretary may waive the provisions of paragraph (3) 
concerning approval of an application if the Secretary determines 
that exceptional circumstances warrant such a waiver.'. 
L:''-. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 404. Section 154 is amended to read as follows: 
42 u s e 6064. 
J. 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 154. (a) For the purpose of grants under subsections (a), (d), 
and (e) of section 152, there are authorized to be appropriated 
$9,400,000 for fiscal year 1988, $10,200,000 for fiscal year 1989, and 
$11,000,000 for fiscal year 1990. Amounts appropriated under this 
section for a fiscal year shall remain available for obligation and 
expenditure until the end of the succeeding fiscal year. 
"(b) For the purpose of grants under sections 152(b) and 152(c), 
there are authorized to be appropriated $4,500,000 for fiscal year 
1988, $5,000,000 for fiscal year 1989, and $5,500,000 for fiscal year 
1990. 
"(c) The Secretary may use funds appropriated under subsection 
(a) for the purposes described in subsection (b). 
"(d) Of the amounts appropriated under subsection (b), at least 75 
percent shall be used for grants under section 152(b) and the remain-
der shall be used for grants under section 152(c).". 
" -' 
TITLE V—PROJECTS OF NATIONAL SIGNIFICANCE 
PURPOSE 
SEC. 501. (a) Section 161 is amended by striking out "for dem-
onstration projects" and inserting in lieu thereof "and contracts for 
projects of national significance". 
(b) The heading for part E is amended to read as follows: 
J ., 
"PART E—PROJECTS OF NATIONAL SIGNIFICANCE". 
Contracts. 
42 use 6081. 
42 u s e prec. 
6081. 
GRANT AUTHORITY 
SEC. 502. (a) Section 162(a) is amended— 
42 use 6082. 
(1) by inserting "and enter into contracts with" after "make 
grants to" in the matter preceding paragraph (1); 
(2) by striking out paragraph (1) and inserting in lieu thereof 
the following: 
"(1) projects of national significance relating to persons with Minorities. 
developmental disabilities, including projects to educate policy-
makers, develop an ongoing data collection system, determine 
101 STAT. 858 
PUBLIC LAW 100-146—OCT. 29, 1987 
State and local 
governments. 
Federal 
Register, 
publication. 
"3"^^ the feasibility and desirability of developing a nationwide 
information and referral system, and pursue Federal inter-
agency initiatives, and other projects of sufficient size and scope 
^^ 
and which hold promise of expanding or otherwise improving 
opportunities for persons with developmental disabilities (espe-
cially those who are multihandicapped or disadvantaged, 
'"' including minority groups. Native Americans, Native Hawai-
ians, and other underserved groups); and"; and 
(3) by inserting "the advocacy functions of the State Planning 
Council, the functions performed by university affiliated pro-
grams and satellite centers under part D, and" after "otherwise 
improving" in paragraph (2). 
(b) The last sentence of section 162(b) is amended— 
(1) by striking out "for each" and inserting in lieu thereof "in 
such"; and 
(2) by striking out "in which an applicant's project will be 
conducted". 
(c) Section 162 is further amended by redesignating subsection (c) 
as subsection (d) and by inserting after subsection (b) the following 
new subsection: 
"(c) Not later than January 1 of each year, the Secretary shall 
publish in the Federal Register proposed priorities for grants and 
contracts under this part and shall allow a period of 60 days for 
public comments and suggestions concerning such proposed prior-
ities. After analyzing and considering such comments, the Secretary 
shall publish final priorities for such grants and contracts in the 
Federal Register.". 
42 u s e 6083. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 503. Section 163 is amended to read as follows: 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 163. (a) To carry out this part, there are authorized to be 
appropriated $3,650,000 for fiscal year 1988, $3,650,000 for fiscal 
year 1989, and $3,650,000 for fiscal year 1990. 
"(b) Of the amounts appropriated under subsection (a) for any 
fiscal year, $600,000 shall be available for grants and contracts 
under section 162(a)(1) for not more than three projects to determine 
the feasibility and desirability of developing a nationwide informa-
tion and referral system for persons with developmental disabilities. 
The Secretary shall award grants and contracts under section 
162(a)(1) for such projects within 6 months after the date of enact-
ment of the Developmental Disabilities Assistance and Bill of Rights 
Act Amendments of 1987.". 
PUBLIC LAW 100-146—OCT. 29, 1987 
101 STAT. 859 
TITLE VI—EFFECTIVE DATE 
: 
1 
EFFECTIVE DATE 
SEC. 601. This Act, and the amendments made by this Act, shall 42 use 6000 
become effective on October 1,1987. 
note. 
Approved October 29, 1987. 
LEGISLATIVE HISTORY—S. 1417 (H.R. 1871): 
HOUSE REPORTS: No. 100-265 accompanying H.R. 1871 (Comm. on Energy and 
Commerce). 
SENATE REPORTS: No. 100-113 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
July 21, considered and passed Senate. 
Aug. 4, H.R. 1871 considered and passed House; proceedings vacated and 
S. 1417, amended, passed in lieu. 
Sept. 30, Senate concurred in House amendment with an amendment. 
Oct. 13, House concurred in Senate amendment.