Hearings

91ST CONGRESS 1ST SESSION

S. 2846

IN THE SENATE OF THE UNITED STATES

AUGUST 13, 1969

Mr. Kennedy (for himself, Mr. Yarborough, Mr. Cranston, MR. EAGLETON, MR. HART, MR. Javits, Mr. MONDALE, MR. NELSON, AND MR. WILLIAMS OF NEW JERSEY) INTRODUCED THE FOLLOWING BILL; WHICH WAS READ TWICE AND REFERRED TO THE COMMITTEE ON LABOR AND PUBLIC WELFARE

A BILL

To assist the States in developing a plan for the provision of comprehensive services to persons affected by mental retardation and other developmental disabilities originating in childhood, to assist the States in the provision of such services in accordance with such plan, to assist in the construction of facilities to provide the services needed to carry out such plan, and for other purposes.

1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "Develop

5 mental Disabilities Services and Facilities Construction Act

6 of 1969."

1 TITLE I-GRANTS FOR PLANNING, PROVISION OF

SERVICES, AND CONSTRUCTION OF FACILI

TIES FOR PERSONS WITH DEVELOPMENTAL

DISABILITIES

SEC. 101. Part C of the Mental Retardation Facilities 6 Construction Act, as amended, is amended by striking out 7 sections 131 through 137 and substituting the following: 8 "PART C-GRANTS FOR PLANNING, PROVISION OF SERVICES, AND CONSTRUCTION OF FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES

"DECLARATION OF PURPOSE

"SEC. 130. The purpose of this part is

"(a) to make 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 affected by developmental disabilities; and

"(b) to make grants to assist public and nonprofit agencies in the construction of facilities for the provision of services to persons affected by developmental disabilities.

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 131. In order to make the grants to carry out the

24 provisions of section 130, there are authorized to be appro

priated $100,000,000 for the fiscal year ending June 30,

1 1971, $150,000,000 for the fiscal year ending June 30, 1972, 2 $200,000,000 for the fiscal year ending June 30, 1973, 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. "STATE ALLOTMENTS

6 "SEC. 132. (a) (1) From the sums appropriated to 7 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 pop10 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 16 $100,000.

“(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

25 at the end of such year shall remain available to such State

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 Fed5 eral share of which will exceed the State's maximum per6 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 necessary 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

apportion its allotment among such agencies in a manner 16 which, to the satisfaction of the Secretary, is reasonably re17 lated to the responsibilities assigned to such agencies in 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,

2 2 2 2 2

provided the purposes of this part will receive proportionate 22 benefit from the combination.

"(c) The amount of an allotment to a State for a fiscal 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 11 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

"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.

"(2) The Secretary shall from time to time designate

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