Page:United States Statutes at Large Volume 98 Part 3.djvu/310

 98 STAT. 2682 Ante, p. 2670.

Prohibition.

PUBLIC LAW 98-527—OCT. 19, 1984

which has not received a grant under such subsection or section 121(c) (as such section was in effect prior to October 1, 1984) unless— "(A) a study assisted under subsection (b)(DCA) of this section has established the feasibility of establishing or operating such center, except that such study shall not be required to contain an assessment of the need for such center in the area in which such center will be located; or "(B) a study assisted under section 121(b)(l) (as in effect prior to October 1, 1984) has established the feasibility of establishing or operating such center. "(2) The Secretary may not make a grant under subsection (a) or subsection (c) for a fiscal yesu* beginning after September 30, 1985, to a university affiliated facility or a satellite center which has not received a grant under this section or section 121 (as such section was in effect prior to October 1, 1984) unless— "(A) a study assisted under subsection (b)(l)(A) has been conducted with respect to such facility or center by a university affiliated facility; and "(B) such study has established the feasibility of establishing or operating such facility or center. "APPLICATIONS

42 USC 6063.

Ante, p. 2663. Ante, p. 2681.

Human rights.

"SEC. 153. (a) Not later than six months after the date of the enactment of the Developmental Disabilities Act of 1984, the Secretary shall establish by regulation steuidards for university affiliated facilities. Such standards shall reflect the special needs of persons with developmental disabilities who are of various ages, and shall include performance stamdards relating to each of the activities described in section 102(13). "(b) No grants may be made under section 152 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— "(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 persons with developmental disabilities and for training of persons 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 facility is in full compliance with the standards established under subsection (a), or "(B)(i) the applicant is making substantial progress toward bringing the facility into compliance with such standards, and (ii) the facility will, not later than three years after the date of approval of the initial application or the date standards are promulgated under subsection (a), whichever is later, fully comply with such standards; and "(3) the human rights of all persons with developmental disabilities (especially those persons without familial protection) who are receiving treatment, services, or habilitation under programs assisted under this part will be protected consistent with section 110 (relating to rights of the developmentally disabled).

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