
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-402 Section 401(a)]
[CITE: 42USC6063]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 75--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
 
              SUBCHAPTER IV--UNIVERSITY AFFILIATED PROGRAMS
 
Sec. 6063. Applications


(a) In general

    No grants may be made under section 6062(a) of this title unless an 
application therefor is submitted to, and approved by, the Secretary. 
Such an application shall be submitted in such form and manner, and 
contain such information, as the Secretary may require.

(b) Standards

    Not later than 12 months after April 6, 1994, the Secretary shall 
establish by regulation standards for university affiliated programs. 
Such standards shall reflect the special needs of all individuals with 
developmental disabilities who are of various ages, and shall include 
performance standards relating to each of the activities described in 
section 6061 of this title.

(c) Assurances

    The application under subsection (a) of this section shall be 
submitted in such form and manner, and contain such information, as the 
Secretary may require. Such an application shall be approved by the 
Secretary only if the application contains or is supported by reasonable 
assurances that--
        (1) the making of the grant will--
            (A) not result in any decrease in the use of State, local, 
        and other non-Federal funds for services for individuals with 
        developmental disabilities and for training of individuals to 
        provide such services, which funds would (except for such grant) 
        be made available to the applicant; and
            (B) be used to supplement and, to the extent practicable, 
        increase the level of such funds;

        (2)(A) the applicant's program is in full compliance with the 
    standards established under subsection (b) of this section, or
        (B)(i) the applicant will make substantial progress toward 
    bringing the program into compliance with such standards, and (ii) 
    the program will, not later than three years after the date of 
    approval of the initial application or the date standards are 
    promulgated under subsection (b) of this section, whichever is 
    later, fully comply with such standards;
        (3) the human rights of all individuals with developmental 
    disabilities (especially those individuals without familial 
    protection) who are receiving services under programs assisted under 
    this subchapter will be protected consistent with section 6009 of 
    this title (relating to rights of individuals with developmental 
    disabilities);
        (4) the activities conducted under this subchapter are 
    consistent with, and to the extent feasible, complement and further, 
    the objectives contained in the State plan required under section 
    6022 of this title; and
        (5) before the submission of such application, an opportunity 
    for comment has been provided to the general public and the State 
    Developmental Disabilities Council of the State in which the program 
    will be conducted.

(d) Consumer advisory committee

    The Secretary shall only make grants under section 6062(a) of this 
title to university affiliated programs that establish a consumer 
advisory committee comprised of individuals with developmental 
disabilities, family members of individuals with developmental 
disabilities, representatives of State protection and advocacy systems, 
State developmental disabilities councils (including State service 
agency directors), local agencies, and private nonprofit groups 
concerned with providing services for individuals with developmental 
disabilities, which may include representatives from parent training and 
information centers. The consumer advisory committee shall reflect the 
racial and ethnic diversity of the geographic area served by the 
university affiliated program.

(e) Federal share

                           (1) In general

        The Federal share of any project to be provided through grants 
    under this subchapter may not exceed 75 percent of the necessary 
    cost of such project, as determined by the Secretary, except that if 
    the project activities or products target individuals with 
    developmental disabilities who live in an urban or rural poverty 
    area, the Federal share may not exceed 90 percent of the project's 
    necessary costs as so determined by the Secretary.

                      (2) Project expenditures

        For the purpose of determining the Federal share with respect to 
    any project, expenditures on that project by a political subdivision 
    of the State or by a public or private entity shall, subject to such 
    limitations and conditions as the Secretary may by regulation 
    prescribe, be considered to be expenditures made by a university 
    affiliated program under this subchapter.

(f) Peer review

                           (1) In general

        The Secretary shall require appropriate technical and 
    qualitative peer review of applications for assistance under this 
    subchapter by peer review groups established under paragraph (4), 
    including on-site visits or inspections as necessary.

                           (2) Regulations

        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 and training, 
    are highly qualified to assess the comparative quality of 
    applications for assistance.

                            (3) Approval

        (A) In general

            The Secretary may approve an application under this 
        subchapter only if such application has been recommended by a 
        peer review group that has conducted the peer review required 
        under paragraph (1).

        (B) Applicability

            This paragraph shall apply to the approval of grant 
        applications received for fiscal year 1990 and succeeding fiscal 
        years.

               (4) Establishment of peer review groups

        The Secretary, acting through the Commissioner of the 
    Administration on Developmental Disabilities, may, notwithstanding--
            (A) the provisions of title 5 concerning appointments to the 
        competitive service;
            (B) the provisions of chapter 51, and subchapter III of 
        chapter 53 of title 5 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) Waivers of approval

        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.

(g) Review by other Federal agencies

    The Secretary shall establish such a process for the review of 
applications for grants under section 6062(a) of this title as will 
ensure, to the maximum extent feasible, that each Federal agency that 
provides funds for the direct support of the applicant's program reviews 
the application.

(Pub. L. 88-164, title I, Sec. 153, as added Pub. L. 98-527, Sec. 2, 
Oct. 19, 1984, 98 Stat. 2682; amended Pub. L. 100-146, title IV, 
Sec. 403, Oct. 29, 1987, 101 Stat. 855; Pub. L. 101-496, Sec. 18, Oct. 
31, 1990, 104 Stat. 1203; Pub. L. 103-230, title IV, Sec. 404, Apr. 6, 
1994, 108 Stat. 324.)

                       References in Text

    Provisions of title 5 governing appointments in competitive service, 
referred to in subsec. (f)(4)(A), are classified to section 3301 et seq. 
of Title 5, Government Organization and Employees.


                            Prior Provisions

    A prior section 6063, Pub. L. 88-164, title I, Sec. 133, formerly 
Sec. 134, as added Pub. L. 91-517, title I, Sec. 101(b), Oct. 30, 1970, 
84 Stat. 1319; renumbered Sec. 133 and amended Pub. L. 94-103, title I, 
Secs. 110(e)(2), 111, title III, Sec. 302(a), (b)(2), Oct. 4, 1975, 89 
Stat. 490, 506; Pub. L. 95-602, title V, Sec. 511, Nov. 6, 1978, 92 
Stat. 3011, related to State plans, prior to the general amendment of 
this chapter by Pub. L. 98-527. See section 6022 of this title.


                               Amendments

    1994--Pub. L. 103-230, Sec. 404(a), reenacted section catchline 
without change.
    Subsec. (a). Pub. L. 103-230, Sec. 404(b)(4), (5), added subsec. (a) 
and redesignated former subsec. (a) as (b).
    Pub. L. 103-230, Sec. 404(b)(1), inserted heading and in text 
substituted ``Not later than 12 months after April 6, 1994'' for ``Not 
later than six months after October 19, 1984'', ``individuals'' for 
``persons'', and ``section 6061 of this title'' for ``section 6001(18) 
of this title''.
    Subsec. (b). Pub. L. 103-230, Sec. 404(b)(4), redesignated subsec. 
(a) as (b). Former subsec. (b) redesignated (c).
    Pub. L. 103-230, Sec. 404(b)(2)(A), inserted heading and in 
introductory provisions substituted ``The application under subsection 
(a) of this section'' for ``No grants may be made under section 6062(a) 
of this title unless an application therefor is submitted to, and 
approved by, the Secretary. Such an application''.
    Subsec. (b)(1). Pub. L. 103-230, Sec. 404(b)(2)(B), restructured 
par. so that provisions of (A) and (B) appear as separate subpars. and 
substituted ``individuals'' for ``persons'' in two places in subpar. 
(A).
    Subsec. (b)(2). Pub. L. 103-230, Sec. 404(b)(2)(C), substituted 
``subsection (b) of this section'' for ``subsection (a) of this 
section'' in subpars. (A) and (B)(ii).
    Subsec. (b)(3). Pub. L. 103-230, Sec. 404(b)(2)(D), substituted 
``individuals'' for ``persons'' in two places, ``services'' for 
``treatment, services, or habilitation'', and ``rights of individuals 
with developmental disabilities'' for ``rights of the developmentally 
disabled''.
    Subsec. (b)(5). Pub. L. 103-230, Sec. 404(b)(2)(E), substituted 
``State Developmental Disabilities Council'' for ``State Planning 
Council'' and struck out ``or the satellite center is or will be 
located'' after ``will be conducted''.
    Subsec. (c). Pub. L. 103-230, Sec. 404(b)(3), (4), redesignated 
subsec. (b) as (c) and struck out former subsec. (c) which read as 
follows: ``The Secretary shall establish such a process for the review 
of applications for grants under section 6062(a) of this title as will 
ensure, to the maximum extent feasible, that each Federal agency that 
provides funds for the direct support of the applicant's program reviews 
the application.''
    Subsec. (d). Pub. L. 103-230, Sec. 404(b)(3), (6), added subsec. (d) 
and struck out former subsec. (d), which related to distribution of 
grant amounts based upon amount of appropriations and applications for 
additional university affiliated programs or satellite centers.
    Subsec. (e). Pub. L. 103-230, Sec. 404(b)(4), (6), added subsec. (e) 
and redesignated former subsec. (e) as (f).
    Subsec. (f). Pub. L. 103-230, Sec. 404(b)(4), (7)(A), redesignated 
subsec. (e) as (f) and inserted heading.
    Subsec. (f)(1). Pub. L. 103-230, Sec. 404(b)(7)(A), (B), inserted 
heading and in text struck out after first sentence ``Such peer review 
shall be coordinated, as appropriate, with the peer review described in 
section 6062(b)(1)(D) of this title.''
    Subsec. (f)(2). Pub. L. 103-230, Sec. 404(b)(7)(C), inserted heading 
and in text substituted ``experience and training'' for ``experience or 
training''.
    Subsec. (f)(3). Pub. L. 103-230, Sec. 404(b)(7)(D), amended par. (3) 
generally, inserting par. and subpar. headings.
    Subsec. (f)(4). Pub. L. 103-230, Sec. 404(b)(7)(E), inserted heading 
and realigned margins of subpars. (A) and (B).
    Subsec. (f)(5). Pub. L. 103-230, Sec. 404(b)(7)(F) inserted heading.
    Subsec. (g). Pub. L. 103-230, Sec. 404(b)(8), added subsec. (g).
    1990--Subsec. (d)(3)(A). Pub. L. 101-496, Sec. 18(1)(A), (B), 
substituted ``1991, 1992, and 1993'' for ``1988, 1989, and 1990'' and 
inserted at end ``The Secretary shall solicit and may approve 
applications pursuant to this paragraph which encompass multiple 
universities within the same State university system or two or more 
universities which are otherwise unrelated.''
    Subsec. (d)(3)(B). Pub. L. 101-496, Sec. 18(1)(C), (D), substituted 
``1990'' for ``1987'' and inserted at end ``If an insufficient number of 
quality applications, as determined by a peer review process, from such 
unserved States have not been received in any fiscal year, the Secretary 
may consider applications for such fiscal year from States that are 
served by a university affiliated program or satellite center which is 
not able to serve particular geographic regions of the State, only if 
such applications demonstrate a need for additional training within the 
State and an exemplary service capacity to serve individuals within the 
State.''
    Subsec. (e)(1). Pub. L. 101-496, Sec. 18(2), struck out ``by 
regulation'' after ``Secretary shall'' and inserted before period at end 
``, including on-site visits or inspections as necessary. Such peer 
review shall be coordinated, as appropriate, with the peer review 
described in section 6062(b)(1)(D) of this title''.
    1987--Subsec. (a). Pub. L. 100-146, Sec. 403(a), substituted 
``programs'' for ``facilities'', ``all persons'' for ``persons'', and 
``section 6001(18)'' for ``section 6001(13)''.
    Subsec. (b). Pub. L. 100-146, Sec. 403(b), in introductory 
provisions, substituted ``section 6062(a)'' for ``section 6062'', in 
par. (2), substituted ``program'' for ``facility'' in subpar. (A), 
``will make'' for ``is making'' and ``program'' for ``facility'' in 
subpar. (B)(i), and ``program'' for ``facility'' in subpar. (B)(ii), and 
added pars. (4) and (5).
    Subsec. (c). Pub. L. 100-146, Sec. 403(c), substituted ``section 
6062(a)'' for ``section 6062'' and ``program'' for ``facility''.
    Subsec. (d)(1). Pub. L. 100-146, Sec. 403(d)(1)-(4), substituted 
``section 6064(a)'' for ``section 6064'', ``program'' for ``facility'', 
``$200,000'' for ``$175,000'', and ``$150,000'' for ``$75,000''.
    Subsec. (d)(2). Pub. L. 100-146, Sec. 403(d)(1), (2), substituted 
``section 6064(a)'' for ``section 6064'' and ``program'' for 
``facility''.
    Subsec. (d)(3). Pub. L. 100-146, Sec. 403(d)(5), added par. (3).
    Subsec. (e). Pub. L. 100-146, Sec. 403(e), added subsec. (e).


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-146 effective Oct. 1, 1987, see section 601 
of Pub. L. 100-146, set out as a note under section 6000 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6062, 6064 of this title.
