Sec. 153. APPLICATIONS

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## SEC. 153 APPLICATIONS **[**6063**]** ###

(a)In General No grants may be made under section 152(a) 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 the date of the enactment of the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1994,1 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 151. 1Enacted April 6, 1994. ### (c)2 No grants may be made under section 152(a) 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. Such an application shall be approved by the Secretary only if the application contains or is supported by reasonable assurances that— 2Section 404(b)(2)(A) of Public Law 103–230 (108 Stat. 324) provides that the subsection is amended in the matter preceding paragraph

(1)by striking “No grants” and all that follows through “Such an application” and inserting certain language. The amendment cannot be executed because the amendatory instructions do not specify to which instance of the term “**Such an application**” the amendment applies. The language to have been inserted is as follows: “Assurances.—The application under subsection (a)”. (The subsection formerly was subsection

(b)and was redesignated as subsection

(c)by section 404(b)(4) of such Public Law.) ####

(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), 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), 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 part will be protected consistent with section 110 (relating to rights of individuals with developmental disabilities); ####

(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 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 152(a) 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 part 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 part. ###

(f)Peer Review ####

(1)In general The Secretary shall require appropriate technical and qualitative peer review of applications for assistance under this part 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 part 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, United States Code, concerning appointments to the competitive service; #####

(B)the provisions of chapter 51, and subchapter III of chapter 53 of title 5, United States Code, concerning classification and General Schedule pay rates; 1establish 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. 1Indentation is so in law. Section 404(b)(7)(E) of Public Law 103–230 (108 Stat. 326) realigned the margins of subparagraphs

(A)and (B), but not of the matter after and below subparagraph (B). See clause

(ii)of such section. ####

(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 152(a) 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.

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Pub. L. 103-230
108 Stat. 324
108 Stat. 326

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Sec. 153

APPLICATIONS

Pub. L.Pub. L. 103-230

Stat.108 Stat. 324

Stat.108 Stat. 326

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