1 2 3 10 "(2) that in the operation of any program assisted under this title there is a failure to comply substantially with any applicable provision of this title; 4 the Secretary shall notify such State of his findings and that 5 6 7 8 9 no further payments may be made to such State under this Act for any project connected with the program until he is satisfied that there is no longer any such failure to comply, or that the noncompliance will be promptly corrected. "(b) In any case where a State has received a grant 10 under section 1102 and has not complied with the standards 11 of this title within a reasonable period of time prescribed by 12 the Secretary, such State shall not be eligible for any further 13 Federal funds on behalf of any individual who is a resident 14 of any public or private residential facility for the retarded 15 which does not meet the standards set forth in part C of 16 this title. The funds to which any individual would otherwise 17 be entitled to have paid on his behalf to any vendor of 18 residential services, public or private, shall be reserved 19 for him and administered by the Social Security Adminis20 tration in the same manner as benefits under title II of the 21 Social Security Act would be administered on his behalf 22 were he entitled to same. 23 222 "(c) Five years after the date of enactment of this Act, 24 no residential facility for the mentally retarded shall be 25 eligible to receive payments either directly or indirectly 11 1 under any Federal law, unless such facility meets the stand 2 3 4 ards promulgated under part C of this title. "EXTENSION OF TIME TO MEET STANDARDS "SEC. 1107. Where in any fiscal year the appropriation 5 for grants under section 1102 does not meet the amount 6 authorized, the Secretary may extend the time for recipients 7 of such grants and other residential facilities for the mentally 8 retarded to meet the standards established by this Act. 9 10 "ALTERNATVE PROGRAMS OF CARE "SEC. 1108. (a) The Secretary is authorized to make 11 grants to any public or private non-profit agency, orga12 nization or institution to meet the costs of development, 13 improvement, extension, or expansion of community re14 sources and community living situations for the mentally 15 retarded other than living-in residential facilities for the 16 mentally retarded. 17 "(b) Applications for grants under this section shall 18 contain such information and be in such form as the Sec 19 retary may prescribe. 20 (c) In considering applications for grants under this 21 section the Secretary shall give priority to those applicants 22 whose proposal he determines are of special significance 23 because they demonstrate new or relatively effective or 24 efficient methods of delivery of services to the mentally 25 retarded. 1 2 3 4 5 7 8 10 12 (d) There are authorized to be appropriated to carry out the purpose of this section such sums as may be neces sary for the fiscal year ending June 30, 1973 for each of the next two succeeding fiscal years. "NATIONAL ADVISORY COUNCIL ON STANDARDS FOR RESI 6 DENTIAL FACILITIES FOR THE MENTALLY RETARDED "SEC. 1109. (a) Effective 90 days after enactment of this Act, there is hereby established a National Advisory Council on 9 Standards for Residential Facilities for the Mentally Retarded (hereinafter referred to as the 'Council'), which shall consist of 11 fifteen members, not otherwise in the regular full-time employ 12 of the United States, to be appointed by the Secretary with13 out regard to the provisions of title 5, United States Code, 14 governing appointments in the competitive civil service. 15 The Secretary shall from time to time designate one of the 16 members of the Council to serve as Chairman thereof. The 17 members of the Council shall be selected from representa18 tives of the American Association on Mental Deficiency, 19 the American Psychiatric Association, the Council for Exceptional Children, the National Association for Retarded 21 Children, the United Cerebral Palsy Association, consumers 22 (for example, parents of the mentally retarded) of services 23 from publicly operated and publicly assisted residential 24 facilities for the mentally retarded, and leaders in the 25 fields of service to the mentally retarded, including a repre26 sentative of the National Association, of Coordinators of 20 1 13 State Programs for the Mentally Retarded, of the National 2 Association of Superintendents of Public Residential Facili 3 ties for the mentally retarded, and other persons (for ex4 ample, parents of the mentally retarded) in organizations 5 representing consumers of such services. A majority of the 6 Council shall be representative of the interests of consumers of such services. 7 8 "(b) It shall be the duty and function of the Council 9 to (1) advise the Secretary with respect to any regulations 10 promulgated or proposed to be promulgated by him in the 11 implementation of the standards established under part C of 12 this Act, (2) study and evaluate such standards authorized 13 by this Act through site visits and other appropriate methods 14 with a view of determining their effectiveness in carrying out the purposes for which they were established, and (3) 16 based upon site visits or other studies, evaluations or reviews 17 recommend to the Secretary any changes, revisions, modi18 fications, or improvements in the standards established under 19 part C of this Act. 15 22220 "(c) Members of the Council, while attending meetings 21 or conferences thereof or otherwise serving on the business 22 of the Council, including site visits shall be entitled to receive 23 compensation at rates fixed by the Secretary, but at rates 24 not exceeding the daily equivalent of the rate provided for 25 GS-18 of the General Schedule for each day of such service 26 (including traveltime), and, while so serving away from 1 2 3 4 14 their homes or regular places of business, they may be allowed travel expenses, including diem in lieu of subsis tence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed 5 intermittently." 7 8 9 "PART C-STANDARDS FOR RESIDENTIAL FACILITIES FOR THE MENTALLY RETARDED "Chapter 1.-ADMINISTRATIVE POLICIES AND PRACTICES 10 11 "Subchapter I-Philosophy, Location and Organization "SEC. 1110. (a) The ultimate aim of the facility shall 12 be to foster those behaviors that maximize the human qual13 ities of the resident, increase the complexity of his behavior, 14 and enhance his ability to cope with his environment. 15 "(b) The facility shall accept and implement the prin16 ciple of normalization, defined as the use of means that are as culturally normative as possible to elicit and maintain behavior that is as culturally normative as possible, taking into 19 account local and subcultural differences. 17 18 20 "SEC. 1111. (a) The names of facilities, the labels ap21 plied to their users, and the way these users are interpreted 22 to the public should be appropriate to their purposes and 23 programs and services should not emphasize 'mental retar24 dation' or 'deviancy'. 25 "(b) Residents should not be referred to as 'patient' 26 except in a hospital-medical context; as 'kids' or 'children' 31-151 O 74 Pt. 1 - 11 |