« PreviousContinue »
1 1974, and $250,000,000 for the fiscal year ending June 30,
3 $250,000,000 for the fiscal year ending June 30, 1974, and 4 $250,000,000 for the fiscal year ending June 30, 1975.
“SEC. 132. (a) (1) From the sums appropriated to
? carry out the purposes of section 130 for each fiscal year, 8 the several States shall be entitled to allotments determined,
9 in accordance with regulations, on the basis of (A) the pop
10 ulation, (B) the extent of need for services and facilities 11 for persons with developmental disabilities, and (C) the 12 financial need of the respective States; except that the allot13 ment of any State (other than the Virgin Islands, American 14 Samoa, Guam, and the Trust Territory of the Pacific 15 Islands) for any such fiscal year shall not be less than
“(2) In determining, for purposes of paragraph (1), 18 the extent of need in any State for services and facilities 19 for persons with developmental disabilities, the Secretary 20 shall take into account the scope and extent of the services 21 specified, pursuant to section 134 (b) (4), in the State plan 22 of such State approved under this part.
“(3) Sums allotted to a State for a fiscal year and 24 designated by it for construction and remaining unobligated
at the end of such year shall remain available to such State
1 for such purpose for the next fiscal year (and for such year 2 only), in addition to the sums allotted to such State for 3 such next fiscal year: Provided, That whenever the State 4 plan calls for the construction of a specific facility the Fed
5 eral share of which will exceed the State's maximum per
6 missible allotment for construction for the fiscal year, the
7 Secretary may, on the request of the State, provide that funds
8 allotted to the State remain available, to the extent neces
sary but not to exceed two additional years, to be combined 10 with subsequent allotments for the specified purpose.
“(b) Whenever the State plan developed in accordance 12 with section 134 provides for participation of more than one 13 State agency in administering or supervising the administra14 tion of designated portions of the State plan, the State may 15
apportion its allotment among such agencies in a manner
which, to the satisfaction of the Secretary, is reasonably re17 lated to the responsibilities assigned to such agencies in 18 carrying out the purposes of this part. Funds so apportioned
to State agencies may be combined with other State or
20 Federal funds authorized to be spent for other purposes,
provided the purposes of this part will receive proportionate
benefit from the combination.
"(c) The amount of an allotment to a State for a fiscal 24
year which the Secretary determines will not be required by 25 the State during the period for which it is available for the
1 purpose for which allotted shall be available for reallotment
2 by the Secretary from time to time, on such date or dates 3 as he may fix, to other States with respect to which such a 4 determination has not been made, in proportion to the 5 original allotments of such States for such fiscal year, but 6 with such proportionate amount for any of such other States 7 being reduced to the extent it exceeds the sum the Secretary 8 estimates such State needs and will be able to use during 9 such period; and the total of such reductions shall be similarly 10 reallotted among the States whose proportionate amounts
were not so reduced. Any amount so reallotted to a State
12 for a fiscal year shall be deemed to be a part of its allotment 13 under subsection (a) for such fiscal year.
14 “NATIONAL ADVISORY COUNCIL ON SERVICES AND FACILI
TIES FOR THE DEVELOPMENTALLY DISABLED
16 “Sec. 133. (a) (1) There is hereby established a Na17 tional Advisory Council on Services and Facilities for the 18 Developmentally Disabled (hereinafter referred to as the 19 'Council'), which shall consist of twelve members, not other20 wise in the regular full-time employ of the United States, 21 to be appointed by the Secretary without regard to the pro22 visions of title 5, United States Code, governing appoint23 ments in the competitive civil service. 24 “(2) The Secretary shall from time to time designate
one of the members of the Council to serve as Chairman
“(3) The members of the Council shall be selected from 4 leaders in the fields of service to the mentally retarded and 5 other developmentally disabled persons, in State or local 6 government, and in organizations representing consumers of
7 such services. At least four members shall be representative
8 of State or local agencies responsible for services to the de9 velopmentally disabled, and at least four shall be represent
10 ative of the interests of consumers of such services.
11 “(b) Each member of the Council shall hold office for a 12 term of four years, except that any member appointed to fill 13 e vacancy occurring prior to the expiration of the term for 14 which his predecessor was appointed shall be appointed for 15 the remainder of such term, and except that, of the twelve 16 members first appointed, three shall hold office for a term of
17 three years, three shall hold office for a term of two years,
18 and three shall hold office for a term of one year, as desig
19 nated by the Secretary at the time of appointment. 20 "(c) It shall be the duty and function of the Council to 21 (1) advise the Secretary with respect to any regulations 22 promulgated or proposed to be promulgated by him in the 23 implementation of this title, and (2) study and evaluate 24 programs authorized by this title with a view to determining
1 their effectiveness in carrying out the purposes for which
2 they were established.
"(d) The Council is authorized to engage such technical 4 assistance as may be required to carry out its functions, and
5 the Secretary shall, in addition, make available to the Council
6 such secretarial, clerical, and other assistance and such statis
7 tical and other pertinent data prepared by or available to the 8 Department of Health, Education, and Welfare as it may 9 require to carry out such functions. 10 “(e) Members of the Council, while attending meetings 11 or conferences thereof or otherwise serving on the business 12 of the Council, shall be entitled to receive compensation
13 at rates fixed by the Secretary, but not exceeding $100 per 14 day and, while so serving away from their homes or regular 15 places of business, they may be allowed travel expenses, in16 cluding per diem in lieu of subsistence, as authorized by sec17 tion 5703 of title 5, United States Code, for persons in the 18 Government service employed intermittently.
"SEC. 134. (a) Any State desiring to take advantage 21 of this part must have a State plan submitted to and ap22 proved by the Secretary under this section. 23 “(b) In order to be approved by the Secretary under