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1 State under this part for activities in which there is such fail

2 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

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8 "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 13

(1) the kinds of services which are needed to

provide adequate programs for persons with develop15

mental disabilities, the kinds of services which may be 16

provided under this part, and the categories of persons 17 for whom such services may be provided; 18

“(2) standards as to the scope and quality of serv

ices which must be provided for persons with develop20

mental disabilities under a State plan approved under

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

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

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type of disability, with special consideration being given

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to the needs for such services and facilities in areas of

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urban and rural poverty; and

“(4) general standards of construction and equip

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ment for facilities of different classes and in different

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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

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

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1 Facilities and Community Mental Health Centers Construc

2 tion Act of 1963, as amended (42 U.S.C. 2691), is amended

3 by

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(1) inserting “the Trust Territory of the Pacific 5 Islands” after “American Samoa" in subsection (a); 6

(2) striking out subsection (b) and inserting in 7 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 dis

12 abilities.";

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(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 follow

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ing subsections:

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“(1) The term 'developmental disability' means a dis21

ability attributable to mental retardation, cerebral palsy, 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

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1 nitely, and which constitutes a substantial handicap to such

2 individual.

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“(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 devel

6 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 refer

14 ral services.

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

17 tary.

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(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.

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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

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25 that date under part of the Mental Retardation Facilities

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1 Construction Act shall remain available for obligation during

2 the fiscal year ending June 30, 1974. 3 TITLE II-AMENDMENTS TO PART BOF THE

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Sec. 201. (a) (1) The caption to part B of the Mental 8 Retardation Facilities Construction Act is amended to read

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

16 amended

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as

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(1) by striking out “clinical facilities providing, nearly as practicable, a full range of inpatient and outpatient services for the mentally retarded (which for purposes of this part, includes other neurological handicapping 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

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