18

1 State under this part for activities in which there is such fail2 ure), until he is satisfied that there will no longer be such 3 failure. Until he is so satisfied, the Secretary shall make no 4 further payment to the State under this part, or shall limit 5 further payment under this part to such State to activities 6 in which there is no such failure.

7

8

“REGULATIONS

"SEC. 139. Not later than April 1, 1973, the Secretary, 9 after consultation with the National Advisory Council on 10 Services and Facilities for the Developmentally Disabled 11 (established by section 133), by general regulations appli12 cable uniformly to all the States, shall prescribe

"(1) the kinds of services which are needed to provide adequate programs for persons with developmental disabilities, the kinds of services which may be provided under this part, and the categories of persons for whom such services may be provided;

"(2) standards as to the scope and quality of services which must be provided for persons with developmental disabilities under a State plan approved under

this part;

"(3) the general manner in which a State, in carrying out its State plan approved under this part, shall determine priorities for services and facilities based on

type of service, categories of persons to be served, and

19

1

type of disability, with special consideration being given

2

3

4

5

6

to the needs for such services and facilities in areas of

urban and rural poverty; and

“(4) general standards of construction and equip

ment for facilities of different classes and in different

types of location.

8

"SEC. 140. (a) In determining the amount of any pay9 ment for the construction of any facility under a State plan 10 approved under this part, there shall be disregarded (1) any 11 portion of the costs of such construction which are financed 12 by Federal funds provided under any provision of law other 13 than this part, and (2) the amount of any non-Federal 14 funds required to be expended as a condition of receipt of 15 such Federal funds.

16

"(b) In determining the amount of any State's Federal 17 share of expenditures for planning and services incurred by it 18 under a State plan approved under this part, there shall be 19 disregarded (1) any portion of such expenditures which are 20 financed by Federal funds provided under any provision of 21 law other than this part, and (2) the amount of any non22 Federal funds required to be expended as a condition of 23 receipt of such Federal funds."

24 SEC. 102. (a) Section 401 of the Mental Retardation

20

1 Facilities and Community Mental Health Centers Construc2 tion Act of 1963, as amended (42 U.S.C. 2691), is amended

3 by

4

5

6

7

(1) inserting "the Trust Territory of the Pacific

Islands" after "American Samoa" in subsection (a);

(2) striking out subsection (b) and inserting in lieu thereof the following:

8 "(2) The term 'facility for the developmentally dis9 abled' means a facility, or a specified portion of a facility, 10 designed primarily for the delivery of one or more services 11 to persons affected by one or more developmental dis12 abilities.";

13

14

15

16

17

18

19

20

(3) striking out the words "mentally retarded" wherever they occur in subsection (d) and inserting the words "developmentally disabled" in lieu thereof;

(4) striking out "August 31" in subsection (j) (1) and inserting in lieu thereof "September 30"; and

(5) by adding at the end of the section the following subsections:

“(1) The term 'developmental disability' means a dis

21 ability attributable to mental retardation, cerebral palsy,

2 2 2 2 2 2 2

22

epilepsy, a neurological impairment, a sensory defect, or any 23 other chronic physical or mental impairment of an individual 24 which originates before such individual attains age eighteen, 25 which has continued or can be expected to continue indefi

21

1 nitely, and which constitutes a substantial handicap to such

2 individual.

3 "(m) The term 'services for persons with developmental 4 disabilities' means specialized services or special adaptations 5 of generic services directed toward the alleviation of a devel6 opmental disability or toward the social, personal, physical, or 7 economic habilitation or rehabilitation of an individual 8 affected by such a disability, and such term includes diag9 nosis, evaluation, treatment, personal care, day-care, domi10 ciliary care, special living arrangements, training, education, 11 sheltered employment, recreation, counseling of the individual 12 affected by such disability and of his family, protective and 13 other social and socio-legal services and information and refer14 ral services.

15

"(n) The term 'regulations' means (unless the text 16 otherwise indicates) regulations promulgated by the Secre

17 tary."

18 (b) Sections 403 and 405 of such Act are amended by 19 inserting the words "or the developmentally disabled" after

20 the words "mentally retarded" wherever they occur.

21

222

EFFECTIVE DATE

SEC. 103. The amendments made by this title shall

23 apply with respect to fiscal years beginning after June 30,

24 1973: Provided, however, That funds appropriated prior to

25 that date under part C of the Mental Retardation Facilities

22

1 Construction Act shall remain available for obligation during

2 the fiscal year ending June 30, 1974.

3 TITLE II-AMENDMENTS TO PART B OF THE

4

MENTAL RETARDATION FACILITIES CON

STRUCTION ACT

5

6

7

CAPTION

SEC. 201. (a) (1) The caption to part B of the Mental

8 Retardation Facilities Construction Act is amended to read

14

CONSTRUCTION GRANTS

SEC. 202. (a) The first sentence of section 121 (a) of 15 the Mental Retardation Facilities Construction Act is

16 amended

17

18

19

20

21

22

23

24

25

(1) by striking out "clinical facilities providing, as nearly as practicable, a full range of inpatient and outpatient services for the mentally retarded (which for

purposes of this part, includes other neurological handi

capping conditions found by the Secretary to be sufficiently related to mental retardation to warrant inclusion in this part) and";

(2) by striking out "clinical training" and inserting in lieu thereof; "interdisciplinary training"; and