Pub. L. 91-517, tit. I, sec. 102

Pub. L. 91-517, tit. I, sec. 102

EnactedYear: 1970Length: 493 wordsOfficial source
Sec. 102. (a) Section 401 of the Mental Retardation 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 with 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 66⅔ per centum of the costs of construction of such project; and (B) for any project under part A of title II may not exceed 66⅔ per centum of the costs of construction of such project or the State’s Federal percentage, whichever is the lower.”; and 84 Stat. 1325 (5) adding at the end of the section the following subsections: “(l) The term ‘developmental disability’ means a disability attributable to mental retardation, cerebral palsy, epilepsy, or another 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 age 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 disabilities’ means specialized services or special adaptations of generic services directed toward the alleviation of a developmental disability 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 indicates) regulations promulgated by the Secretary.” (b) Sections 403, 405, and 406 of such Act are amended by inserting the words “or persons with other developmental disabilities” after the words “mentally retarded” wherever they occur. (c) Section 404 of such Act is amended by deleting “134(b)” and inserting“134(c)” in lieu thereof.