Pub. L. 103-230, tit. IV, sec. 404

APPLICATIONS.

EnactedYear: 1994Length: 887 wordsOfficial source
SEC. 404. APPLICATIONS. (a) Section Heading.—Section 153 (42 U.S.C. 6063) is amended— (1) by striking “Sec. 153.”; and (2) in the section heading, by striking “applications” and inserting the following new section heading: “SEC. 153. APPLICATIONS.”. (b) Applications.— Section 153 (42 U.S.C. 6063) is amended— (1) .— in subsection (a)— (A) by striking “Not later than six” and inserting: “Standards.—Not later than 12”; (B) ) by striking “Act of 1984” and inserting “Assistance and Bill of Rights Act Amendments of 1994”; (C) by striking “persons” and inserting “individuals”; and (D) by striking “section 102(18)” and inserting “section 151”; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking “No grants” and all that follows through “Such an application” and inserting “Assurances.—The application under subsection (a)”; (B) in paragraph (1), by striking “grant will” and all that follows through “level of such funds;” and inserting the following: “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;”; (C) in paragraph (2), by striking “subsection (a)” each place such term appears and inserting “subsection (b)”; 108 STAT. 325 (D) in paragraph (3)— (i) by striking “persons” each place such term appears and inserting “individuals”; (ii) by striking “treatment, services, or habilitation” and inserting “services”; and (iii) by striking “the developmentally disabled” and inserting “individuals with developmental disabilities”; and (E) in paragraph (5)— (i) by striking “Planning” and inserting “Developmental Disabilities”; and (ii) by striking “or the satellite center is or will be located”; (3) by striking subsections (c) and (d); (4) by redesignating subsections (a), (b), and (e) as sub-sections (b), (c), and (f), respectively; (5) by inserting after the section heading the following new subsection: “(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.”; (6) by inserting after subsection (c), as so redesignated by paragraph (4), the following new subsections: “(d) Consumer Advisory Committee.—The Secretary shall only make grants under section 152(a) to university affiliated pro-grams that establish a consumer advisory committee composed 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 deter-mined 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.”; (7) in subsection (f), as so redesignated by paragraph (4)— (A) by striking “(f)(1) The Secretary” and inserting the following: 108 STAT. 326 “(f) Peer Review.— “(1) In general.—The Secretary”; (B) in paragraph (1), by striking “Such peer review” and all that follows through “152(b)(l)(D).”; (C) in paragraph (2)— (i) by striking “(2) Regulations” and inserting the following: “(2) Regulations.—Regulations”; and (ii) by striking “experience or training” and inserting “experience and training”; (D) in paragraph (3), to read as follows: “(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.”; (E) in paragraph (4)— (i) by striking “(4) The Secretary” and inserting the following: “(4) Establishment of peer review groups.—The Secretary”; and (ii) by realigning the margins of subparagraphs (A) and (B) so as to align with the margin of subparagraph (A) of paragraph (3); and (F) in paragraph (5), by striking “(5) The Secretary” and inserting the following: “(5) Waivers of approval.—The Secretary”; and (8) by adding at the end the following new subsection: “(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.”.
Pub. L. 103-230, tit. IV, sec. 404: APPLICATIONS. | Justis AI