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2698 to 2698b. Repealed.

Ex. ORD. No. 11280. PRESIDENT'S COMMITTEE ON
MENTAL RETARDATION

Ex Ord. No. 11280, May 11, 1966, 31 F.R. 7167, provided: WHEREAS the Maternal and Child Health and Mental Retardation Planning Amendments of 1963 [see short title note under section 1391 of this title] and the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (77 Stat. 273; 282) [see short title note under section 2661 of this title] have established a firm statutory basis for combatting mental retardation; and

WHEREAS the mental retardation activities of Federal, State, and local government agencies and foundations and other prviate organizations are expanding rapidly and require careful review in order that maximum benefits may be achieved; and

WHEREAS there is a continuing need to mobilize the support of the general public and of specialized professional groups for mental retardation activities; and

WHEREAS re-evaluation of existing programs to determine their adequacy and consideration of proposals for new mental retardation activities is necessary:

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows:

SECTION 1. Committee established. There is hereby established the President's Committee on Mental Retardation (hereinafter referred to as the Committee).

SEC. 2. Composition of Committee. The Committee shall be composed of the following members:

(1) The Secretary of Health, Education, and Welfare, who shall be the Chairman of the Committee. (2) The Secretary of Labor.

(3) The Director of the Office of Economic Opportunity.

(4) Not more than twenty-one other members who shall be appointed by the President from public or private life and may include specialists in medicine and other healing arts, human development, special education and

employment problems, and members of foundations and other private organizations active in the mental retardation field. Except as the President may from time to time otherwise direct, appointees under this paragraph shall have terms as follows: (A) Of the members first appointed hereunder, the terms of seven shall expire on the first anniversary of the date of this Order, the terms of seven shall expire on the second anniversary, and the terms of seven shall expire on the third anniversary. (B) The term of each succeeding appointment shall expire on the third anniversary of the expiration of the predecessor term, except that an appointment made to fill a vacancy occurring before the expiration of a term shall be made for the balance of the unexpired term.

SEC. 3. Functions of the Committee. (a) The Committee shall provide such advice and assistance in the area of mental retardation as the President may from time to time request, including assistance with respect to:

(1) evaluation of the adequacy of the national effort to combat mental retardation;

(2) coordination of activities of Federal agencies in the mental retardation field;

(3) provision of adequate liaison between such Federal activities and related activities of State and local governments, foundations, and other private organizations; and

(4) development of such information, designed for dissemination to the general public, as will tend to reduce the incidence of mental retardation and ameliorate its effects.

(b) The Committee shall mobilize support for mental retardation activities by meeting with, and providing information for, appropriate professional organizations and groups broadly representative of the general public.

(c) The Committee shall make such reports or recommendations to the President concerning mental retardation as he may require or the Committee may deem appropriate. Such reports shall be made at least once annually.

SEC. 4. Cooperation with the Committee. All who may be in a position to do so are requested to furnish the Committee information pertinent to its work and otherwise to facilitate the work of the Committee.

SEC. 5. Administrative arrangements. (a) As may be necessary, each Federal agency which is represented on the Committee shall furnish assistance to the Committee in accordance with the provisions of Section 214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C. 691), or as otherwise permitted by law. The Committee may have an Executive Director who shall be designated and compensated in consonance with law. The Department of Health, Education, and Welfare is hereby designated as the agency which principally shall provide the Committee with necessary administrative services and facilities.

(b) Each member of the Committee, except any member who then receives other compensation from the United States, shall receive compensation for each day he or she is engaged upon the work of the Committee, as authorized by law (5 U.S.C. 55a), and shall also be entitled to receive travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) [now section 5703 of Title 5, Government Organization and Employees] for persons in the Government service employed intermittently.

SEC. 6. Construction. Nothing in this Order shall be construed as subjecting any Federal agency, or any function vested by law in, or assigned pursuant to law to, any Federal agency, to the authority of the Committee or as abrogating or restricting any such function in any LYNDON B. JOHNSON.

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§ 2661. Authorization of appropriations.

(a) For the purpose of assisting in the construction (and the planning for the construction) of facilities which will aid in demonstrating provision of specialized services for the diagnosis and treatment, education, training, or care of the persons with developmental disabilities or in the interdisciplinary training of physicians and other specialized personnel needed for research, diagnosis and treatment, education, training, or care of the persons with developmental disabilities, including research incidental or related to any of the foregoing activities, there are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1964, $7,500,000 for the fiscal year ending June 30, 1965, $10,000,000 each for the fiscal year ending June 30, 1966, the fiscal year ending June 30, 1967, and the fiscal year ending June 30, 1968, and $20,000,000 for each of the next five fiscal years through the fiscal year ending June 30, 1973. Except as provided in subsection (b) of this section, the sums so appropriated shall be used for project grants for construction of public and other nonprofit facilities for persons with developmental disabilities which are associated with a college or university.

(b)(1) of the sums appropriated pursuant to subsection (a) of this section for any fiscal year, beginning with the fiscal year ending June 30, 1968, an amount equal to 2 per centum thereof (or such smaller amount as the Secretary may determine to be appropriate) shall be available to the Secretary for the purpose of making grants to cover not to exceed 75 per centum of the costs of the planning of projects with respect to the construction of which applications for grants may be made under this subchapter. Not more than $25,000 shall be granted under this subsection with respect to any project.

(2) Planning grants under this subsection shall be made by the Secretary to such applicants and upon such terms and conditions as he shall by regulations prescribe. Payment of grants under this subsection shall be made in advance or by way of reimbursement, as the Secretary may determine.

(3) Whenever, in the succeeding provisions of this subchapter, the term "grant", "grants", or "funds" is employed, such term shall be deemed not to include any grant under this subsection or any of the funds of any such grant. (Pub. L. 88-164, title I, § 121, Oct. 31, 1963, 77 Stat. 284; Pub. L. 90-170, § 2 (a), (b), (d), Dec. 4, 1967, 81 Stat. 527; Pub. L. 91-517, title II, § 201(a), (b), Oct. 30, 1970, 84 Stat. 1325.)

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-517 struck out provisions relating to clinical facilities providing a full range of inpatient and outpatient services, and substituted "interdisciplinary training" for "clinical training", "for each of the next five fiscal years through the fiscal year ending June 30, 1973" for "each for the fiscal year ending June 30, 1969, and the fiscal year ending June 30, 1970", and "persons with developmental disabilities" for "the mentally retarded" in three places.

1967-Subsec. (a). Pub. L. 90-170, § 2 (a), (b), (d) (1) (A)—(C), denominated existing provision as subsec. (a) and as so denominated added "(and the planning for the construction)" following "For the purpose of assisting in the construction", "(which, for purposes of this subchapter includes other neurological handicapping conditions found by the Secretary to be sufficiently related to

mental retardation to warrant inclusion in this subchapter)" following "services for the mentally retarded", "including research incidental or related to any of the foregoing activities" preceding "there are authorized to be appropriated", provided for appropriations of $10,000,000 for the fiscal year ending June 30, 1968, and $20,000,000 each for the fiscal years ending June 30, 1969 and June 30, 1970, and substituted "Except as provided in subsection (b) of this section, the sums" for "The sums".

Subsec. (b). Pub. L. 90-170, § 2(d) (1) (D), added subsec. (b).

SHORT TITLE OF 1967 AMENDMENT

Section 1 of Pub. L. 90-170 provided: "That this Act [which amended this section and sections 2665, 2671, 2672, 2674 of this title and section 617 of Title 20, and enacted sections 2678-2678d and 2698-2698b of this title] may be cited as the 'Mental Retardation Amendments of 1967'."

SHORT TITLE

Section 1 of Pub. L. 88-164 provided: "That this Act [enacting this chapter, sections 295-295e of this title and section 618 of Title 20, amending section 291k of this title and sections 611-613, 617, 676 of Title 20, and enacting provisions set out as notes under section 291k of this title and section 611 of Title 20] may be cited as the 'Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963'."

Section 100 of Pub. L. 88-164, as amended by section 207(a) of Pub. L. 91-517, provided that: "This title [enacting subchapters I and II of this chapter and sections 295-295e of this title] may be cited as the 'Developmental Disabilities Services and Facilities Construction Act'." Prior to the amendment of section 100 of Pub. L. 88-164 by Pub. L. 91-517 this title was cited as the Mental Retardation Facilities Construction Act.

AVAILABILITY OF APPROPRIATIONS

Funds appropriated for any fiscal year ending prior to June 30, 1973, to carry out any program for which appropriations are authorized by Pub. L. 88-164, this chapter, to remain available for obligation and expenditure until the end of such fiscal year unless enacted after June 30, 1970, in express limitation of such availability, see section 601 of Pub. L. 91-296, Title VI, June 30, 1970, 84 Stat. 353, set out as a note under section 201 of this title.

§ 2661a. Demonstration and training grants; appropriations.

(a) For the purposes of assisting institutions of higher education to contribute more effectively to the solution of complex health, education, and social problems of children and adults suffering from developmental disabilities, the Secretary may, in accordance with the provisions of this subchapter, make grants to cover costs of administering and operating demonstration facilities and interdisciplinary training programs for personnel needed to render specialized services to persons with developmental disabilities, including established disciplines as well as new kinds of training to meet critical shortages in the care of persons with developmental disabilities.

(b) For the purpose of making grants under this section, there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1971; $17,000,000 for the fiscal year ending June 30, 1972; and $20,000,000 for the fiscal year ending June 3, 1973. (Pub. L. 88-164, title I, § 122 as added Pub. L. 91-517, title II, § 202, Oct. 30, 1970, 84 Stat. 1326.)

§ 2662. Applications; approval by Secretary.

(a) Applications for grants under this subchapter with respect to the construction of any facility may be approved by the Secretary only if the application

contains or is supported by reasonable assurances that

(1) the facility will be associated, to the extent prescribed in regulations of the Secretary, with a college or university hospital (including affiliated hospitals), or with such other part of a college or university as the Secretary may find appropriate in the light of the purposes of this subchapter;

(2) the plans and specifications are in accord with regulations prescribed by the Secretary under section 2677b(d) of this title;

(3) title to the site for the project is or will be vested in one or more of the agencies or institutions filing the application or in a public or other nonprofit agency or institution which is to operate the facility;

(4) adequate financial support will be available for construction of the project and for its maintenance and operation when completed; and

(5) all laborers and mechanics employed by contractors or subcontractors in the performance of work on construction of the project will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended; and the Secretary of Labor shall have with respect to the labor standards specified in this paragraph the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section 276c of Title 40.

(b) Applications for demonstration and training grants under this part may be approved by the Secretary only if the applicant is a college or university operating a facility of the type described in section 2661 of this title, or is a public or nonprofit private agency or organization operating such a facility. In considering applications for such grants, the Secretary shall give priority to any application which shows that the applicant has made arrangements, in accordance with regulations of the Secretary, for a junior college to participate in the programs for which the application is made. (Pub. L. 88-164, title I, § 123, formerly § 122, Oct. 31, 1963, 77 Stat. 284, renumbered and amended Pub. L. 91-517, title II, §§ 202, 203, Oct. 30, 1970, 84 Stat. 1326.)

REFERENCES IN TEXT

The Davis-Bacon Act, as amended, referred to in subsec. (a) (5), is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176), referred to in subsec. (5), is set out in the Appendix to Title 5, Government Organization and Employees.

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-517, § 203, designated existing provisions as subsec. (a), and, as so designated added "the construction of" before "any facility" in the first sentence, and substituted "section 2677b (d)" for "section 2673 (3)".

Subsec. (b). Pub. L. 91-517, § 203, added subsec. (b).

§ 2663. Amount of grants.

(a) Maximum payments.

The total of the grants with respect to any project under this subchapter may not exceed 75 per centum of the necessary cost thereof as determined by the Secretary.

(b) Advances or reimbursement; conditions.

Payments of grants under this subchapter shall be made in advance or by way of reimbursement, and on such conditions as the Secretary may determine. (Pub. L. 88-164, title I, § 124, formerly § 123, Oct. 31, 1963, 77 Stat. 285, renumbered and amended Pub. L. 91-517, title II, §§ 202, 204, Oct. 30, 1970, 84 Stat. 1326.)

AMENDMENTS

1970 Subsec. (a). Pub. L. 91-517, § 204, struck out references to cost of construction and construction of a facility.

Subsec. (b). Pub. L. 91-517, § 204, struck out reference to payments in such installments consistent with construction progress.

§ 2664. Recovery of expenditures under certain conditions.

If any facility with respect to which construction funds have been paid under this subchapter shall, at any time within twenty years after the completion of construction

(1) be sold or transferred to any person, agency, or organization which is not qualified to file an application under this subchapter, or

(2) cease to be a public or other nonprofit facility for persons with developmental disabilities, unless the Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to continue such facility as a public or other nonprofit facility for persons with developmental disabilities,

the United States shall be entitled to recover from either the transferor or the transferee (or, in the case of a facility which has ceased to be a public or other nonprofit facility for the persons with developmental disabilities, from the owners thereof) an amount bearing the same ratio to the then value (as determined by the agreement of the parties or by action brought in the district court of the United States for the district in which the facility is situated) of so much of the facility as constituted an approved project or projects, as the amount of the Federal participation bore to the cost of the construction of such project or projects. (Pub. L. 88-164, title I, § 125, formerly § 124, Oct. 31, 1963, 77 Stat. 285, renumbered and amended Pub. L. 91-517, title II, §§ 201(c), 202, 205, Oct. 30, 1970, 84 Stat. 1326.)

AMENDMENTS

1970-Pub. L. 91-517, §§ 201(c), 205, substituted "persons with developmental disabilities" for "the mentally retarded" in three places, and added reference to construction funds as the type of funds referred to in this section.

§ 2665. Nonduplication of grants.

No grant may be made after January 1, 1964, under any provision of the Public Health Service Act, for any of the fiscal years in the period beginning July 1, 1963, and ending June 30, 1970, for construction of any facility for persons with developmental disabilities described in this subchapter, unless the Secretary determines that funds are not available under this subchapter to make a grant for the construction of such facility. (Pub. L. 88-164, title I, § 126, formerly § 125, Oct. 31, 1963, 77 Stat. 285, Pub. L. 90-170, § 2(c), Dec. 4, 1967, 81 Stat. 527, renumbered and amended Pub. L. 91-517, title II, §§ 201(c), 202, Oct 30, 1970, 84 Stat. 1326.)

REFERENCES IN TEXT

The Public Health Service Act, referred to in the text, is classified to chapter 6A of this title.

AMENDMENTS

1970 Pub. L. 91-517, § 201(c), substituted "persons with developmental disabilities" for "the mentally

retarded".

1967-Pub. L. 90-170 substituted the fiscal year ending June 30, 1970, for the fiscal year ending June 30, 1967, as the end of the period during which duplication of grants for construction is prohibited.

§ 2666. Maintenance of effort.

Applications for grants under this subchapter may be approved by the Secretary only if the application contains or is supported by reasonable assurances that the grants will not result in any decrease in the level of State, local, and other nonFederal funds for services for persons with developmental disabilities and training of persons to provide such services which would (except for such grant) be available to the applicant, but that such grants will be used to supplement, and, to the extent practicable, to increase the level of such funds. (Pub. L. 88-164, title I, § 127, as added Pub. L. 91-517, title II, § 206, Oct. 30, 1970, 84 Stat. 1326.)

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§ 2670. Declaration of purpose.

The purpose of this subchapter is to authorize

(a) grants to assist the several States in developing and implementing a comprehensive and continuing plan for meeting the current and future needs for services to persons with developmental disabilities;

(b) grants to assist public or nonprofit private agencies in the construction of faciilties for the provision of services to persons with developmental disabilities, including facilities for any of the purposes stated in this section;

(c) grants for provision of services to persons with developmental disabilities, including costs of operation, staffing, and maintenance of facilities for persons with developmental disabilities;

(d) grants for State or local planning, administration, or technical assistance relating to services and facilities for persons with developmental disabilities;

(e) grants for training of specialized personnel needed for the provision of services for persons with developmental disabilities, or research related thereto; and

(f) grants for developing or demonstrating new or improved techniques for the provision of services for persons with developmental disabilities. (Pub. L. 88-164, title I, § 130, as added Pub. L. 91– 517, title I, § 101 (b), Oct. 30, 1970, 84 Stat. 1316.)

EFFECTIVE DATE

Section 103 of Pub. L. 91-517 provided that: "The amendments made by sections 101 and 102 of this title [enacting this section and sections 2671 to 2677c of this

title and amending sections 2691, and 2693 to 2696 of this title] shall apply with respect to fiscal years beginning after June 30, 1970. Funds appropriated before June 30, 1970, under part C of the Mental Retardation Facilities Construction Act [this subchapter] shall remain available for obligation during the fiscal year ending June 30, 1971."

SHORT TITLE OF 1970 AMENDMENT

Section 1 of Pub. L. 91-517 provided that: "This Act [enacting this section, sections 2661a, 2666 and 2671 to 2677c, amending sections 2661, 2662 to 2665, 2691, 2693 to 2696, enacting provisions set out as notes under this section, and amending provision set out as a note under section 2661 of this title] may be cited as the 'Developmental Disabilities Services and Facilities Construction Amendments of 1970'."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2671, 2672 of this title.

§ 2671. Authorization of appropriations.

In order to make the grants to carry out the purposes of section 2670 of this title, there are authorized to be appropriated $60,000,000 for the fiscal year ending June 30, 1971, $105,000,000 for the fiscal year ending June 30, 1972, and $130,000,000 for the fiscal year ending June 30, 1973. (Pub. L. 88-164, title I, § 131, as added Pub. L. 91-517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1317.)

PRIOR PROVISIONS

A prior section 2671, Pub. L. 88-164, title I, § 131, Oct. 31, 1963, 77 Stat. 286; Pub. L. 90-170, § 3(a), Dec. 4, 1967, 81 Stat. 528, authorized appropriations through the fiscal year ending June 30, 1970, for grants for construction of mental retardation facilities.

EFFECTIVE DATE

Section applicable with respect to fiscal years beginning after June 30, 1970, with funds appropriated before June 30, 1970 under this subchapter to remain available for obligation during the fiscal year ending June 30, 1971, see section 103 of Pub. L. 91-517, set out as a note under section 2670 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2672 of this title. § 2672. Allotments to States.

(a) Determination of amount; availability of unexpended funds.

(1) From the sums appropriated to carry out the purposes of section 2670 of this title for each fiscal year, other than amounts reserved by the Secretary for projects under subsection (e) of this section, the several States shall be entitled to allotments determined, in accordance with regulations, on the basis of (A) the population, (B) the extent of need for services and facilities for persons with developmental disabilities, and (C) the financial need, of the respective States; except that the allotment of any State (other than the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands) for any such fiscal year shall not be less than $100,000 plus, if such fiscal year is later than the fiscal year ending June 30, 1971, and if the sums so appropriated for such fiscal year exceed the amount authorized to be appropriated to carry out such purposes for the fiscal year ending June 30, 1971, an amount which bears the same ratio to $100,000 as the difference between the amount so appropriated and the amount authorized to be appropriated for the fiscal year ending June 30, 1971.

bears to the amount authorized to be appropriated for the fiscal year ending June 30, 1971.

(2) In determining, for purposes of paragraph (1), the extent of need in any State for services and facilities for persons with developmental disabilities, the Secretary shall take into account the scope and extent of the services specified, pursuant to section 2674(b) (5) of this title, in the State plan of such State approved under this subchapter.

(3) Sums allotted to a State for a fiscal year and designated by it for construction and remaining unobligated at the end of such year shall remain available to such State for such purpose for the next fiscal year (and for such year only), in addition to the sums allotted to such State for such next fiscal year: Provided, That if the maximum amount which may be specified pursuant to section 2674(b) (15) of this title, for a year plus any part of the amount so specified pursuant thereto for the preceding fiscal year and remaining unobligated at the end thereof is not sufficient to pay the Federal share of the cost of construction of a specific facility included in the construction program of the State developed pursuant to section 2674(b) (13) of this title, the amount specified pursuant to such section for such preceding year shall remain available for a second additional year for the purpose of paying the Federal share of the cost of construction of such facility.

(b) Apportionment of allotment among State agencies. Whenever the State plan approved in accordance with section 2674 of this title provides for participation of more than one State agency in administering or supervising the administration of designated portions of the State plan, the State may apportion its allotment among such agencies in a manner which, to the satisfaction of the Secretary, is reasonably related to the responsibilties assigned to such agencies in carrying out the purposes of this subchapter. Funds so apportioned to State agencies may be combined with other State or Federal funds authorized to be spent for other purposes, provided the purposes of this subchapter will receive proportionate benefit from the combination.

(c) Combined allotments to States involved in joint effort.

Whenever the State plan approved in accordance with section 2674 of this title provides for cooperative or joint effort between States or between or among agencies, public or private, in more than one State, portions of funds allotted to one or more such cooperating States may be combined in accordance with the agreements between the agencies involved.

(d) Reallotment of funds not required by a State.

The amount of an allotment to a State for a fiscal year which the Secretary determines will not be required by the State during the period for which it is available for the purpose for which allotted shall be available for reallotment by the Secretary from time to time, on such date or dates as he may fix, to other States with respect to which such a determination has not been made, in proportion to the original allotments of such States for such fiscal year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Secretary estimates such State 47-500 0-71-vol. 9-60

needs and will be able to use during such period; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount so reallotted to a State for a fiscal year shall be deemed to be a part of its allotment under subsection (a) of this section for such fiscal year.

(e) Grants to public or nonprofit private agencies. Of the sums appropriated pursuant to section 2671 of this title, such amount as the Secretary may determine, but not more than 10 per centum thereof, shall be available for grants by the Secretary to public or nonprofit private agencies to pay up to 90 per centum of the cost of projects for carrying out the purposes of section 2670 of this title, which in his judgment are of special national significance because they will assist in meeting the needs of the disadvantaged with developmental disabilities, or will demonstrate new or improved techniques for provision of services for such persons, or are otherwise specially significant for carrying out the purposes of this subchapter, subchapter I of this chapter and sections 295 to 295e of this title. (Pub. L. 88-164, title I, § 132, as added Pub. L. 91-517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1317.)

PRIOR PROVISIONS

A prior section 2672, Pub. L. 88-164, title I, § 132, Oct. 31, 1963, 77 Stat. 286; Pub. L. 89-105, § 2(a), Aug. 4, 1965, 79 Stat. 427; Pub. L. 90-170, § 3 (c), Dec. 4, 1967, 81 Stat. 528, authorized allotments to States, transfers of allotments between States, and adjustment of allotments to a State for construction of facilities for the mentally retarded.

EFFECTIVE DATE

Section applicable with respect to fiscal years beginning after June 30, 1970, with funds appropriated before June 30, 1970 under this subchapter to remain available for obligation during the fiscal year ending June 30, 1971, see section 103 of Pub. L. 91-517, set out as a note under section 2670 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2674 of this title. § 2673. National Advisory Council on Services and Facilities for the Developmentally Disabled. (a) Establishment; designation of Chairman; membership.

(1) Effective July 1, 1971, there is hereby established a National Advisory Council on Services and Facilities for the Developmentally Disabled (hereinafter referred to as the "Council"), which shall consist of twenty members, not otherwise in the regular full-time employ of the United States, to be appointed by the Secretary without regard to the provisions of Title 5 governing appointments in the competitive civil service.

(2) The Secretary shall from time to time designate one of the members of the Council to serve as Chairman thereof.

(3) The members of the Council shall be selected from leaders in the fields of service to the mentally retarded and other persons with developmental disabilities, including leaders in State or local government, in institutions of higher education, and in organizations representing consumers of such services. At least five members shall be representative of State or local public or nonprofit private agencies

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