An Act 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
PL 91-517 (S.2846), enacted 10/30/1970

1316 
PUBLIC LAW 91-517-OCT. 30, 1970 
[84 
STAT. 
Public Law 91-517 
October 30, 1970 
[S.2846] 
Developmental 
Disabilities Serv-
ices and Facili-
ties Construction 
Amendments of 
1970. 
AN ACT 
To amend the Mental Retardation Facilities and Community Mental Health 
Centers Costruction Act of 1963 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. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Developmental Disabilities 
Services and Facilities Construction Amendments of 1970". 
77 Stat. 282; 
81 Stat. 528. 
42 u s e 2661-
2678d. 
42 u s e 2671-
2677. 
TITLE 
I—GRANTS 
FOR 
PLANNING, 
PROVISION 
OF 
SERVICES, AND CONSTRUCTION AND OPERATION OF 
FACILITIES FOR PERSONS W I T H 
DEVELOPMENTAL 
DISABILITIES 
SEC. 101. (a) Title I of the Mental Retardation Facilities and Com-
munity Mental Health Centers Construction Act of 1963, as amended, 
is amended by striking out the caption and substituting the following: 
"TITLE I—SERVICES AND FACILITIES FOR T H E MEN-
TALLY 
RETARDED 
AND 
PERSONS 
W I T H 
OTHER 
DEVELOPMENTAL DISABILITIES". 
(b) Part C of the Mental Retardation Facilities Construction Act, 
as amended, is amended by striking out the caption and sections 131 
through 137 and substituting the following: 
"PART C—GRANTS FOR PLANNING, PROVISION OF SERVICES, AND CON-
STRUCTION 
AND 
OPERATION 
or 
FACILITIES 
FOR 
PERSONS 
W I T H 
DEVELOPMENTAL DISABILITIES 
(( 
DECLARATION OF PURPOSE 
"SEC. 130. The purpose of this part is to authorize— 
"(a) 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 with develop-
mental disabilities; 
"(b) grants to assist public or nonprofit private agencies in the 
construction of facilities for the provision of services to persons 
with developmental disabilities, including facilities for any of 
the purposes stated in this section; 
"(c) grants for provision of services to persons with develop-
mental disabilities, including costs of operation, staffing, and 
maintenance of facilities for persons with developmental dis-
abilities; 
"(d) grants for State or local planning, administration, or 
tecmiical assistance relating to services and facilities for persons 
with developmental disabilities; 
84 STAT. ] 
PUBLIC LAW 91-517-OCT. 30, 1970 
1317 
"(e) grants for training of specialized personnel needed for 
the provision of services for persons with developmental dis-
abilities, or research related thereto; and 
"(f) grants for developing or demonstrating new or improved 
techniques for the provision of services for persons with develop-
mental disabilities. 
a AUTHORIZATION OF APPROPRIATIONS 
"SEC. 131. In order to make the grants to carry out the purposes of 
section 130, there are authorized to be appropriated $60,000,000 for 
the fiscal year ending June 30, 1971, $105,000,000 for the fiscal year 
ending June 30,1972, and $130,000,000 for the fiscal year ending June 
30,1973. 
(( 
STATE ALLOTMENTS 
"SEC. 132. (a) (1) From the sums appropriated to carry out the 
purposes of section 130 for each fiscal year, other than amounts 
reserved by the Secretary for projects under subsection (e), the several 
States shall be entitled to allotments determined, in accordance with 
regulations, on the basis of (A) the population, (B) the extent of 
need for services and facilities for persons with developmental dis-
abilities, and (C) the financial need, of the respective States; except 
that the allotment of any State (other than the Virgin Islands, Amer-
ican Samoa, Guam, and the Trust Territory of the Pacific Islands) 
for any such fiscal year shall not be less than $100,000 plus, if such 
fiscal year is later than the fiscal year ending June 30, 1971, and if 
the sums so appropriated for such fiscal year exceed the amount 
authorized to be appropriated to carry out such purposes for the 
fiscal year ending June 30, 1971, an amount which bears the same 
ratio to $100,000 as the difference between the amount so appropriated 
and the amount authorized to be appropriated for the fiscal year 
ending June 30, 1971, bears to the amount authorized to be appropri-
ated for the fiscal year ending June 30,1971. 
"(2) In determining, for purposes of paragraph (1), the extent of 
need in any State for services and facilities for persons with develop-
mental disabilities, the Secretary shall take into account the scope 
and extent of the services specified, pursuant to section 134(b)(5), 
in the State plan of such State approved under this part. 
"(3) Sums allotted to a State for a fiscal year and designated by it 
for construction and remaining unobligated at the end of such year 
shall remain available to such State for such purpose for the next 
fiscal year (and for such year only), in addition to the sums allotted 
to such State for such next fiscal year: Provided, That if the maximum 
amount which may be specified pursuant to section 134(b) (15) for a 
year plus any part of the amount so specified pursuant thereto for the 
preceding fiscal year and remaining unobligated at the end thereof is 
not sufficient to pay the Federal share of the cost of construction of 
a specific facility included in the construction program of the State 
developed pursuant to section 134(b) (13), the amount specified pur-
suant to such section for such preceding year shall remain available 
for a second additional year for the purpose of paying the Federal 
share of the cost of construction of such facility. 
"(b) Whenever the State plan approved in accordance with section 
134 provides for participation of more than one State agency in 
administering or supervising the administration of designated portions 
of the State plan, the State may apportion its allotment amon^ such 
agencies in a manner which, to the satisfaction of the Secretary, is rea-
sonably related to the responsibilities assigned to such agencies in 
1318 
PUBLIC LAW 91-517-OCT. 30, 1970 
[84 STAT. 
carrying out the purposes of this part. Funds so apportioned to State 
agencies may be combined with other State or Federal funds author-
ized to be spent for other purposes, provided the purposes of this part 
will receive proportionate benefit from the combination. 
"(c) Whenever the State plan approved in accordance with section 
134 provides for cooperative or joint effort between States or between 
or among agencies, public or private, in more than one State, portions 
of funds a,llotted to one or more such cooperating States may be com-
bined in accordance with the agreements between the agencies involved. 
"(d) The amount of an allotment to a State for a fiscal year which 
the Secretary determines will not be required by the State during the 
period for which it is available for the purpose for which allotted shall 
be available for reallotment by the Secretary from time to time, on 
such date or dates as he may fix, to other States with respect to which 
such a determination has not been made, in proportion to the original 
allotments of such States for such fiscal year, but with such propor-
tionate amount for any of such other States being reduced to the extent 
it exceeds the sum the Secretary estimates such State needs and will be 
able to use during such period; and the total of such reductions shall 
be similarly reallotted among the States whose proportionate amounts 
were not so reduced. Any amount so reallotted to a State for a fiscal 
year shall be deemed to be a, part of its allotment under subsection (a) 
for such fiscal yea r. 
"(e) Of the sums appropriated pursuant to section 131, such amount 
as the Secretary may determine, but not more than 10 per centum 
thereof, shall be available for grants by the Secretary to public or 
nonprofit private agencies to pay up to 90 per centum of the cost of 
projects for carrying out the purposes of section 130 w^hich in his judg-
ment are of special national significance because they will assist in 
meeting the needs of the disadvantaged with developmental disabili-
ties, or will demonstrate new or improved techniques for provision of 
services for such persons, or are otherwise specially significant for 
carrying out the purposes of this title. 
"NATIONAL ADVISORY COUNCIL ON SERVICES AND FACILITIES FOR THE 
DEVELOPMENTALLY DISABLED 
"SEC. 133. (a) (1) Effective July 1, 1971, there is hereby established 
a National Advisory Council on Services and Facilities for the 
Development ally Disabled (hereinafter referred to as the 'Council'), 
which shall consist of twenty members, not otherwise in the regular 
full-time employ of the United States, to be appointed by the Secre-
80 Stat. 378. 
tiiry without regard to the provisions of title 5, United States Code, 
5 u s e 101 efseq. 
'' 
• 
• , 
x 
• 
i.n 
x-j.* 
• ' i 
• 
governing appointments m the competitive civil service. 
"(2) The Secretary shall from time to time designate one of the 
members of the Council to serve as Chairman thereof. 
Membership. 
u^g^ rp-j^g members of the Council shall be selected from leaders in 
the fields of service to the mentally retarded and other persons with 
developmental disabilities, including leaders in State or local govern-
ment, in institutions of higher education, and in organizations repre-
senting consumers of such services. At least five members shall be 
representative of State or local public or nonprofit private agencies 
responsible for services to persons with developmental disabilities, and 
at least five shall be representative of the interests of consumers of 
such services. 
Term o
f office. 
" (b) Each member of the Council shall hold office for a term of 
four years, except that any member appointed to fill a vacancy occur-
ring prior to the expiration of the term for which his predecessor was 
appointed shall be appointed for the remainder of such term, and 
84 STAT. ] 
PUBLIC LAW 91-517-OCT. 30, 1970 
1319 
except that, of the twenty members first appointed, five shall hold 
office for a term of three years, five shall hold office for a term of two 
years, and five shall hold office for a term of one year, as designated 
by the Secretary at the time of appointment. 
"(c) It shall be the duty and function of the Council to (1) advise 
Duties. 
the Secretary with respect to any regulations promulgated or pro-
posed to be promulgated by him in the implementation of this title, 
and (2) study and evaluate programs authorized by this title with 
a view to determining their effectiveness in carrying out the purposes 
for which they were established. 
"(d) The Council is authorized to engage such technical assistance idrasslstinc'e^r'" 
as may be required to carry out its functions, and the Secretary shall, 
in addition, make available to the Council such secretarial, clerical, 
and other assistance and such statistical and other pertinent data 
prepared by or available to the Department of Health, Education, and 
Welfare as it may require to carry out such functions. 
"(e) Members of the Council, while attending meetings or confer- triie7expen*iesl 
ences thereof or otherwise serving on the business of the Council, shall 
be entitled to receive compensation at rates fixed by the Secretary, 
but at rates not exceeding the daily equivalent of the rate provided 
for GS-18 of the General Schedule for each day of such service 
^"'^' ^' ^^^-i. 
(including travel time), and, while so serving away from their homes 
or regular places of business, they may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by section 5703 
of title 5, LTnited States Code, for persons in the Government service 83^stat^\*9o^^' 
employed intermittently. 
"STATE PLANS 
"SEC. 134. (a) Any State desiring to take advantage of this part 
must have a State plan submitted to and approved by the Secretary 
under this section. 
"(b) In order to be approved by the Secretary under this section, a ^Approval, con-
State plan for the provision of services and facilities for persons with 
developmental disabilities must— 
"(1) designate (A) a State planning and advisory council, to 
be responsible for submitting revisions of the State plan and 
transmitting such reports as may be required by the Secretary; 
(B) except as provided in clause (C), the State agency or agencies 
which shall administer or supervise the administration of the 
State plan and, if there is more than one such agency, the portion 
of such plan which each will administer (or the portion the 
administration of which each will supervise); and (C) a single 
State agency as the sole agency for administering or supervising 
the administration of grants for construction under the State 
plan, except that during fiscal year 1971, the Secretary may waive, 
in whole or in part, the requirements of this paragraph; 
"(2) describe (A) the quality, extent, and scope of services 
being provided, or to be provided, to persons with developmental 
disabilities under such other State plans for Federally assisted 
State programs as may be specified by the Secretary, but in any 
case including education for the handicapped, vocational reha-
bilitation, public assistance, medical assistance, social services, 
maternal and child health, crippled children's services, and com-
prehensive health and mental health plans, and (B) how funds 
allotted to the State in accordance with section 132 will be used 
to complement and augment rather than duplicate or replace 
services and facilities for persons with developmental disabilities 
which are eligible for Federal assistance under such other State 
programs; 
47-348 O - 72 - 88 (Pt. 1) 
1320 
PUBLIC LAW 91-517-OCT. 30, 1970 
[84 STAT. 
Annual review. 
Records and 
reports, avail-
ability. 
Urban or rural 
poverty area, 
special assist-
ance. 
"(3) set forth policies and procedures for the expenditure of 
funds under the plan, which, in the judgment of the Secretary, are 
designed to assure effective continuing State planning, evaluation, 
and delivery of services (both public and private) for persons with 
developmental disabilities; 
"(4) contain or be supported by assurances satisfactory to the 
Secretary that (A) the funds paid to the State under this part will 
be used to make a significant contribution toward strengthening 
services for persons with developmental disabilities in the various 
political subdivisions of the State in order to improve the quality, 
scope, and extent of such services; (B) part of such funds will be 
made available to other public or nonprofit private agencies, 
institutions, and organizations; (C) such funds w^ill be used to sup-
plement and, to the extent practicable, to increase the level of 
funds that would otherwise be made available for the purposes 
for which the Federal funds are provided and not to supplant 
such non-Federal funds; and (D) there will be reasonable State 
financial participation in the cost of carrying out the State plan; 
"(5) (A) provide for the furnishing of services and facilities 
for persons with developmental disabilities associated with mental 
retardation, (B) specify the other categories of developmental 
disabilities (approved by the Secretary) which will be included 
in the State plan, and (C) describe the quality, extent, and scope 
of such services as will be provided to eligible persons; 
"(6) provide that services and facilities furnished under the 
plan for j)ersons with developmental disabilities will be in accord-
ance with standards prescribed by regulations, including stand-
ards as to the scope and quality of such services and the 
maintenance and operation of such facilities, except that during 
fiscal year 1971, the Secretary may waive, in whole or in part, the 
requirements of this paragraph; 
"(7) provide such methods of administration, including meth-
ods relating to the establishment and maintenance of personnel 
standards on a merit basis (except that the Secretary shall exer-
cise no authority with respect to the selection, tenure of office, and 
compensation of any individual employed in accordance with such 
methods), as are found by the Secretary to be necessary for the 
proper and efficient operation of the plan; 
"(8) provide that the State planning and advisory council shall 
be adequately staffed, and shall include representatives of each of 
the principal State agencies and representatives of local agencies 
and nongovernmental organizations and groups concerned with 
services for persons with developmental disabilities: 
Provided. 
That at least one-third of the membership of such council shall 
consist of representatives of consumers of such services; 
" (9) provide that the State planning and advisory council will 
from time to time, but not less often than annually, review and 
evaluate its State plan approved under this section and submit 
appropriate modifications to the Secretary; 
"(10) provide that the State agencies designated pursuant to 
paragraph (1) will make such reports, in such form and contain-
ing such information, as the Secretary may from time to time 
reasonably require, and will keep such records and afford such 
access thereto as the Secretary finds necessary to assure the correct-
ness and verification of such reports; 
"(11) provide that special financial and technical assistance 
shall be given to areas of urban or rural poverty in providing 
services and facilities for persons with deA'elopmental disabilities 
who are residents of such areas r 
84 STAT. ] 
PUBLIC LAW 91-517-OCT. 30, 1970 
1321 
" (12) describe the methods to be used to assess the effectiveness 
and accomplishments of the State in meeting the needs of persons 
with developmental disabilities in the State; 
"(13) provide for the develo|>ment of a program of construc-
tion of facilities for the provision of services for persons with 
developmental disabilities which (A) is based on a statewide 
inventory of existing facilities and survey of need; and (B) meets 
the requirements prescribed by the Secretary for 
furnishing 
needed services to persons unable to pay therefor; 
" (14) set forth the relative need, determined in accordance with 
regulations prescribed by the Secretary, for the several projects 
included in the construction program referred to in paragraph 
(13), and assign priority to the construction of projects, insofar 
as financial resources available therefor and for maintenance and 
operation make possible, in the order of such relative need; 
"(15) specify the per centum of the Staters allotment (under 
section 132) for any year which is to be devoted to construction 
of facilities, which per centum shall be not more than 50 per 
centum of the State's allotment or such lesser per centum as the 
Secretary may from time to time prascribe; 
"(16) provide for affording to every applicant for a construc-
tion project an opportunity for hearing before the State agency; 
"(17) provide for such fiscal control and fund accounting pro-
cedures as may be necessary to assure the proper disbursement 
of and accounting for funds paid to the State under this part; 
and 
"(18) contain such additional information and assurances as 
the Secretary may find necessary to carry out the provisions and 
purposes of this part. 
"(c) The Secretary shall approve any State plan and any modifi-
cation thereof which complies with the provisions of subsection (b). 
The Secretary shall not finally disapprove a State plan except after 
reasonable notice and opportunity for a hearing to the State. 
u 
APPROVAL OF PROJECTS FOR CONSTRUCTION 
"SEC. 135. (a) For each project for construction pursuant to a 
Application. 
State plan approved under this part, there shall be submitted to the 
Secretary, through the State agency designated pursuant to section 
134(b) (1) (C), an application by the State or a political subdivision 
thereof or by a public or nonprofit private agency. If two or more 
agencies join in the construction of the project, the application may 
be filed by one or more of such agencies. Such application shall set 
forth— 
" (1) a description of the site for such project; 
"(2) plans and specifications thereof, in accordance with regu-
lations prescribed by the Secretary; 
"(3) reasonable assurance that title to such site is or will be 
vested in one or more of the agencies filing the application or in 
a public or nonprofit private agency which is to operate the 
facility; 
"(4) reasonable assurance that adequate financial support will 
be available for the construction of the project and for its mainte-
nance and operation when completed; 
"(5) reasonable assurance that all laborers and mechanics 
employed by contractors or subcontractors in the performance of 
work on construction of the project will be paid wages at rates 
not less than those prevailing on similar construction in the local-
ity as determined by the Secretary of Labor in accordance with the 
63 Stat. 108. 
1322 
PUBLIC LAW 91-517-OCT. 30, 1970 
[84 STAT. 
49 Stat. 1011; 
Davis-Bacon Act, as amended (40 U.S.C. 276a—2T6a-5) ; and the 
Secretary of Labor shall have with respect to the labor standards 
specified in this paragraph the anthority and functions set forth 
in Reorganization Plan Numbered 14 of 1950 (15 F.R. 8176; 5 
64 Stat. 1267. 
U.S.C. 183z-15) and section 2 of the Act of June 13, 1934, as 
amended (40 U.S.C. 276c) ; and 
"(6) a certification by the State agency of the Federal share 
for the project. 
" (b) The Secretary shall approve such application if sufficient funds 
to pay the F'ederal share of the cost of construction of such project 
are available from the allotment to the State, and if the Secretary 
finds (1) that the application contains such reasonable assurances as 
to title, financial support, and payment of prevailing rates of wages 
and overtime pay, (2) that the plans and specifications are in accord 
with regulations prescribed by the Secretary, (3) that the applica-
tion is in conformity with the State plan approved under this part, 
and (4) that the application has been approved and recommended 
by the State agency and is entitled to priority over other projects 
within the State in accordance with the State's plan for persons with 
developmental disabilities and in accordance with regulations pre-
scribed by the Secretary. 
"(c) No application shall be disapproved until the Secretary has 
afforded the State agency an opportunity for a hearing. 
"(d) Amendment of any approved application shall be subject to 
approval in the same manner as the original application. 
"WITHHOLDING OF PAYMENTS FOR CONSTRUCTION 
"SEC. 136. Whenever the Secretary, after reasonable notice and 
opportunity for hearing to the State planning and advisory council 
designated pursuant to section 134(b) (1) (A) and the State agency 
designated pursuant to section 134(b)(1)(C) finds— 
"(a) that the State agency is not complying substantially with 
the provisions required by section 134(b) to be included in the 
State plan, or with regulations of the Secretary; 
"(b) that any assurance required to be given in an application 
filed under section 135 is not being or cannot be carried out; 
"(c) that there is a substantial failure to carry out plans and 
specifications related to construction approved by the Secretary 
under section 134; or 
"(d) that adequate funds are not being provided annually for 
the direct administration of the State plan, 
the Secretary may forthwith notify such State council and agency 
tha<>-
"(e) no further payments will be made to the State for con-
struction from allotments under this part; or 
"(f) no further payments will be made from allotments under 
this part for any project or projects designated by the Secretary 
as being affected by the action or inaction referred to in para-
graph (a), (b), (c),or (d) of this section; 
as the Secretary may determine to be appropriate under the circum-
stances; and, except with regard to any project for which the appli-
cation has already been approved and which is not directly affected, 
further payments for construction projects may be withheld, in whole 
or in part, until there is no longer any failure to comply (or to carry 
out the assurance or plans and specifications or to provide adequate 
funds, as the case may be) or, if such compliance (or other action) is 
impossible, until the State repays or arranges for the repayment of 
Federal moneys to which the recipient was not entitled. 
share." 
poverty area. 
84 STAT. ] 
PUBLIC LAW 91-517-OCT. 30, 1970 
1323 
"PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION, AND SERVICES 
"SEC. 137. (a) (1) From each State's allotments for a fiscal year 
under section 132, the State shall be paid the Federal share of the 
expenditures, other than expenditures for construction, incurred dur-
ing such year under its State plan approved under this part. Such 
payments shall be made from time to time in advance on the basis 
of estimates by the Secretary of the sums the State will expend under 
the State plan, except that such adjustments as may be necessary 
shall be made on account of previously made underpayments or over-
payments under this section. 
" (2) For the purpose of determining the Federal share with respect 
to any State, expenditures by a political subdivision thereof or by 
nonprofit private agencies, organizations, and groups shall, subject 
to such limitations and conditions as may be prescribed by regula-
tions, be regarded as expenditures by such State. 
"(b) (1) Except as provided in paragraph (2), the 'Federal share' ^"Fe^derai 
with respect to any State for purposes of this section for any fiscal 
year shall be 75 per centum of the expenditures, other than expendi-
tures for construction, incurred by the State during such year under 
its State plan approved under this part during each of the fiscal years 
ending June 30, 1971, and June 30, 1972, and 70 per centum of such 
nonconstruction expenditures during the fiscal year ending June 30, 
1973. 
"(2) In the case of any project located in an area within a State „„)/'^(.^"^°'J"'"^' 
determined by the Secretary to be an urban or rural poverty area, 
the 'Federal share' with respect to such project for purposes of this 
section for any fiscal year may be up to 90 per centum of the expendi-
tures, other than expenditures for construction, incurred by the Sta^^e 
during such year under its State plan approved under this part w^th 
respect to such project for the first tw^enty-four months of such project, 
and 80 per centum of such nonconstruction expenditures for the next 
tAvelve months. 
"WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION, 
A
N
D SERVICES 
"SEC. 138. Whenever the Secretary, after reasonable notice and 
opportunity for hearing to the State planning and advisory council 
and the appropriate State agencies or agency, designated pursuant to 
section 134(b) (1) finds that— 
"(a) there is a failure to comply substantially with any of the 
provisions required by section 134 to be included in the State 
plan; or 
"(b) there is a failure to comply substantially with any reg-
ulations of the Secretary which are applicable to this part, 
the Secretary shall notify such State council and agency or agencies 
that further payments will not be made to the State under this part 
(or, in his discretion, that further payments will not be made to the 
State under this part for activities in which there is such failure), until 
he is satisfied that there will no longer be such failure. Until he is so 
satisfied, the Secretary shall make no further payment to the State 
under this part, or shall limit further payment under this part to such 
State to activities in which there is no such failure. 
"REGULATIONS 
"SEC. 139. The Secretary, as soon as practicable, by general regula-
tions applicable uniformly to all the States, shall prescribe— 
" (a) the kinds of services w^hich are needed to provide adequate 
programs for persons with developmental disabilities, the kinds of 
1324 
PUBLIC L
A
W 91-517-OCT. 30, 1970 
[84 STAT. 
Ante, p. 54> 
77 Stat, 296. 
"Facility for 
persons with de-
velopmental dis-
abilities." 
Ante, p. 55. 
services which may be provided under a State plan approved 
under this part, and the categories of persons for whom such 
services may be provided; 
"(b) sta,ndards as to the scope and quality of services provided 
for persons with developmental disabilities under a State plan 
approved under this part; 
"(c) the general manner in which a State, in carrying out its 
State plan approved under this part, shall determine priorities 
for services ajid facilities based on type of service, categories of 
persons to be served, and type of disability, with special considera-
tion being given to the needs for such services and facilities in 
areas of urban and rural poverty; and 
"(d) general standards of construction and equipment for 
facilities of different classes and in different types of location. 
After appointment of the Council, regulations and revisions therein 
shall be promulgated by the Secretary only after consultation with 
Council. 
"NONDUPLICATION 
"SEC. 140. (a) In determining the amount of any payment for the 
construction of any facility under a State plaoi approved under this 
part, there shall be disregarded (1) any portion of the costs of such 
construction which are financed by Federal funds provided under any 
provision of law other than this part, and (2) the amount of a,ny non-
Federal funds required to be expended as a condition of receipt of 
such Federal funds. 
"(b) In determining the amount of any State's Federal share of 
expenditures for planning, administration, ajid services incurred by 
it under a State plan approved under this part, there shall be dis-
regarded (1) any portion of such expenditures which are financed by 
Federal funds provided under any provision of law other than this 
paa:i:, and (2) the amount of any non-Federal funds required to be 
expended as a condition of receipt of such Federal funds." 
SEC. 102. (a) Section 401 of the Mental Eetardation Facilities and 
Community Mental Health Centers Construction Act of 1963, as 
amended (42 U.S.C. 2691), is amended by— 
(1) striking out "; for purposes of this title and title II only, 
includes the Trust Territory of the Pacific Islands" in subsection 
(a,) and inserting "the Trust Territory of the Pacific Islands," 
after "Virgin Islands,"; 
(2) striking out subsection (b) and inserting in lieu thereof the 
following: 
" (b) The term 'facility for persons with developmental disabilities' 
means a facility, or a specified portion of a facility, designed primarily 
for the delivery of one or more services to persons wim one or more 
developmental disabilities."; 
(3) striking out the words "the mentally retarded" wherever 
they occur in subsection (d) and inserting the words "persons 
with developmental disabilities" in lieu thereof; 
(4) amending the first sentence of subsection (h) (2) to read 
as follows: "The Federal share with respect to any project in 
the State shall be the amount determined by the appropriate State 
agency designated in the State plan, but, except as provided in 
paragraph (3), the Federal share (A) for any project under part 
C of title I may not exceed 66% per centum of the costs of con-
struction of such project; and (B) for any project under part A 
of title II may not exceed 66% per centum of the costs of construc-
tion of such project or the State's Federal percentage, whichever 
is the lower."; and 
84 STAT.] 
PUBLIC LAW 91.517-OCT. 30, 1970 
1325 
(5) adding at the end of the section the following subsections: 
"(1) The term 'developmental disability' means a disability attrib- 
"Developmental 
utable to mental retardation, cerebral palsy, epilepsy, or another disability." 
neurological condition of an individual found by the Secretary to 
be closely related to mental retardation or to require treatment similar 
to that required for mentally retarded individuals, which disability 
originates before such individual attains a^e eighteen, which has 
continued or can be expected to continue indefinitely, and which 
constitutes a substantial handicap to such individual. 
"(m) The term 'services for persons with developmental disabili- 
"services for 
ties' means specialized services or special adaptations of generic veiopmentafdis-
services directed toward the alleviation of a developmental disability abilities." 
or toward the social, personal, physical, or economic habilitation or 
rehabilitation of an individual with such a disability, and such term 
includes diagnosis, evaluation, treatment, personal care, daycare, 
domiciliary care, special living arrangements, training, education, 
sheltered employment, recreation, counseling of the individual with 
such disability and of his family, protective and other social and 
socio-legal services, information and referral services, follow-along 
services, and transportation services necessary to assure delivery of 
services to persons with developmental disabilities. 
"(n) The term 'regulations' means (unless the text otherwise indi- 
"Regulations." 
cates) regulations promulgated by the Secretary." 
(b) Sections 403, 405, and 406 of such Act are amended by inserting 
77 stat. 297., 
the words "or persons with other developmental disabilities" after the 26^5,^2696. * 
words "mentally retarded" wherever they occur. 
(c) Section 404 of such Act is amended by deleting "134(b)" and 
42 use 2694. 
inserting "134(c)" in lieu thereof. 
EFFECTIVE DATE 
SEC. 103. The amendments made by sections 101 and 102 of this 
title shall apply with respect to fiscal years beginning after June 30, 
1970. Funds appropriated before June 30, 1970, under part C of the 
Mental Retardation Facilities Construction Act shall remain avail-
able for obligation during the fiscal year ending June 30, 1971. 
TITLE II—AMENDMENTS TO PART B OF T H E MENTAL 
RETARDATION FACILITIES CONSTRUCTION ACT 
Ante, 
p. 1316. 
CONSTRUCTION GRANTS 
SEC. 201. (a) The first sentence of section 121(a) of the Mental 
Retardation Facilities Construction Act is amended— 
(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 handicapping conditions found by the Secre-
tary 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 
(3) by striking out "each for the fiscal year ending June 30, 
1969, and the fiscal year ending June 30, 1970" and inserting in 
lieu thereof: "for each of the next five fiscal years through the 
fiscal year ending June 30,1973". 
(b) Such section 121(a) is amended by striking out "the mentally 
77 Stat. 284; 
81 Stat. 527. 
42 u s e 2661. 
1326 
PUBLIC LAW 91-517-OCT. 30, 1970 
[84 STAT. 
retarded" in the second sentence and the second time and third time 
it appears in the first sentence and inserting in lieu thereof "persons 
with developmental disabilities". 
(c) Sections 124 and 125 of the Mental Retardation Facilities Con-
77 Stat. 285; 
structiou Act are each amended by striking out "the mentally retarded" 
*^4rusc 2
6
*
6
4 
each place it appears in those sections and inserting in lieu thereof 
2665. 
' 
"persons with developmental disabilities". 
DEMONSTRATION AND TRAINING GRANTS 
SEC. 202. Part B of the Mental Retardation Facilities Construction 
4
2
_ use 2662- 
^ct is amended by redesignating sections 122, 123, 124, and 125 as 
sections 123, 124, 125, and 126, respectively, and by adding the follow-
ing new section after section 121: 
2665. 
DEMONSTRATION AND TRAINING GRANTS 
"SEC. 122. (a) For the purposes of assisting institutions of higher 
education to contribute more effectively to the solution of complex 
health, education, and social problems of children and adults suffering 
from developmental disabilities, the Secretary may, in accordance 
with the provisions of this part, make grants to cover costs of adminis-
tering and operating demonstration facilities and interdisciplinary 
training programs for personnel needed to render specialized services 
to persons with developmental disa,bilities, including established dis-
ciplines as well as new kinds of training to meet critical shortages in 
the care of persons with developmental disabilities. 
Appropriations. 
"(b) For the purposc of making grants under this section, there are 
authorized to be appropriated $15,000,000 for the fiscal year ending 
June 30, 1971; $17,000,000 for the fiscal year ending June 30, 1972; 
and $20,000,000 for the fiscal year ending June 3,1973." 
SEC. 203. Section 123 of such Act, as so redesignated by section 202 of 
this Act, is amended by inserting " ( a ) " after "SEC. 123.", by inserting 
"the construction of" before "any facility", by striking out "section 
Ante, p. 1323. 
133(3)" aud inserting in lieu thereof "section 139(d)", and by adding 
the following new subsection at the end thereof: 
"(b) Applications for demonstration and training grants under this 
part may be approved by the Secretary only if the applicant is a col-
lege or university operating a facility of the type described in section 
121, or is a public or nonprofit private agency or organization 
operating such a facility. In considering applications for such grants, 
the Secretary shall give priority to any application which shows that 
the applicant has made arrangements, in accordance with regulations 
of the Secretary, for a junior college to participate in the programs for 
which the application is made." 
SEC. 204. Section 124 of such Act, as so redesignated by section 202 
of this Act, is amended by striking out "for the construction of a 
facility" and "of construction" in subsection (a) thereof, and by 
striking out "in such installments consistent with construction prog-
ress," in subsection (b). 
SEC. 205. Section 125 of such Act, as so redesignated by section 202 
of this Act, is amended by inserting "construction" before "funds". 
MAINTENAN('E OF EP^FORT 
^
g
'
^
^
g use 2661- 
gji;c. 206. Part B of such Act is amended by adding at the end 
thereof the following new section : 
84 STAT. ] 
PUBLIC LAW 91.518-OCT. 30, 1970 
1327 
a MAINTENANCE OF EFFORT 
"SEC. 127. Applications for grants under this part may be approved 
by the Secretary only if the application contains or is supported by 
reasonable assurances that the grants will not result in any decrease 
in the level of State, local, and other non-Federal funds for services 
for persons with developmental disabilities and training of persons to 
provide such services which would (except for such grant) be avail-
able to the applicant, but that such grants will be used to supplement, 
and, to the extent practicable, to increase the level of such funds." 
CONFORMING AMENDMENTS 
SEC. 207. (a) Section 100 of such title is amended to read as follows: 
^^ ^*°*' 282. 
^ ^ 
42 use 2661 
li 
note. 
SHORT TITLE 
"SEC. 100. This title may be cited as the 'Developmental Disabilities 
Services and Facilities Construction Act'." 
(b) The heading for part B of such title is amended to read as 
follows: 
"PART B—CONSTRUCTION, DEMONSTRATION, AND TRAINING GRANTS 
FOR 
UNIVERSITY-AFFILIATED 
FACILITIES 
FOR 
PERSONS 
W I T H 
DEVELOPMENTAL DISABILITIES". 
Approved October 30, 1970. 
Public Law 91-518 
AN ACT 
October 30, 1970 
To provide financial assistance for and establisliment of a national rail passen- 
[H. R. 17849] 
ger system, to provide for the modernization of railroad passenger eiiuipment, 
to authorize the prescribing of minimum standards for railroad passenger 
service, to amend section 13a of the Interstate Commerce Act, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Kail Passenger Service Act of 1970". 
. T9V0. 
Rail Passeng;er 
Service Act of