CHAPTER 75-PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

SUBCHAPTER I-GENERAL PROVISIONS

        

SUBCHAPTER II-FEDERAL ASSISTANCE TO STATE DEVELOPMENTAL DISABILITIES COUNCILS

        

SUBCHAPTER III-PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS

        

SUBCHAPTER IV-UNIVERSITY AFFILIATED PROGRAMS

        

SUBCHAPTER V-PROJECTS OF NATIONAL SIGNIFICANCE

        

Codification

The Developmental Disabilities Assistance and Bill of Rights Act, comprising this chapter, is title I of the Mental Retardation Facilities and Community Mental Health Centers Act of 1963, which was originally enacted by Pub. L. 88–164, Oct. 31, 1963, 77 Stat. 282 , at which time title I was known as the Mental Retardation Facilities Construction Act, and parts B and C of such title I were classified to subchapters I (§2661 et seq.) and II (§2670 et seq.), respectively, of chapter 33 of this title. Because of the extensive amendments, reorganization of the subject matter, and expansion of the Act by the acts summarized below, the Act is shown herein as having been added by Pub. L. 98–527, without reference to intervening amendments.

Part D of the Act was added by Pub. L. 90–170, §4, Dec. 4, 1967, 81 Stat. 528 , and was classified to subchapter IIA (§2678 et seq.) of chapter 33 of this title. Part C of the Act was amended generally and the Act was reorganized and renamed the Developmental Disabilities Services and Facilities Construction Act, by Pub. L. 91–517, Oct. 30, 1970, 84 Stat. 1316 .

Parts A, B, and D of the Act were amended generally and the Act was otherwise extensively amended and reorganized by Pub. L. 94–103, Oct. 4, 1975, 89 Stat. 486 , and was reclassified to this chapter (§6000 et seq.).

The Act was renamed the Developmental Disabilities Assistance and Bill of Rights Act and was amended and reorganized by Pub. L. 95–602, title V, Nov. 6, 1978, 92 Stat. 3003 , and was subsequently amended generally and completely reorganized by Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2662 .

Ex. Ord. No. 11776. President's Committee on Mental Retardation

Ex. Ord. No. 11776, eff. Mar. 28, 1974, 39 F.R. 11865, as amended by Ex. Ord. No 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

The President's Committee on Mental Retardation, established by Executive Order No. 11280 on May 11, 1966, has mobilized national planning and carried out basic programs in the field of mental retardation. National goals have been established to reduce the occurrence of mental retardation by one-half before the end of the century and to return one-third of the people in mental institutions to useful lives in their communities. The achievement of these goals will require the most effective possible use of public and private resources.

Our country has become increasingly aware in recent years of the need to assure those who are retarded their full status as citizens under the law, and of the continuing need to mobilize the support of the general public and of specialized professional and volunteer groups for mental retardation activities. We also know that we must constantly evaluate existing programs to determine their adequacy and must continually consider a broad range of proposals for new mental retardation activities.

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is hereby ordered as follows:

Section 1. Committee continued and responsibilities expanded. The President's Committee on Mental Retardation (hereinafter referred to as the Committee), with expanded membership and expanded responsibilities, is hereby continued in operation.

Sec. 2. Composition of Committee. The Committee shall be composed of the following members:

(1) The Secretary of Health and Human Services, who shall be the Chairman of the Committee.

(2) The Attorney General.

(3) The Secretary of Labor.

(4) The Secretary of Housing and Urban Development.

(5) The Director of the Office of Economic Opportunity [now the Director of the Office of Community Services].

(6) The Director of ACTION [now Corporation for National and Community Service].

(7) Not more than twenty-one other members who shall be appointed to the Committee by the President. These persons may be employed in either the public or the private sectors and may include specialists in medicine and other healing arts, human development, special education, law, and employment problems, as well as members of foundations and other private organizations active in the mental retardation field. Except as the President may from time to time otherwise direct, appointees under this paragraph shall have three-year terms, except that an appointment made to fill a vacancy occurring before the expiration of a term shall be made for the balance of the unexpired term.

Sec. 3. Functions of the Committee. (a) The Committee shall provide such advice and assistance in the area of mental retardation as the President or Secretary of the Department of Health and Human Services may request and particularly shall advise with respect to the following areas:

(1) evaluation of the adequacy of the national effort to combat mental retardation;

(2) identification of the potential of various Federal programs for achieving Presidential goals in mental retardation;

(3) provision of adequate liaison between Federal activities and related activities of State and local governments, foundations, and other private organizations; and

(4) development and dissemination of such information as will tend to reduce the incidence of retardation and ameliorate its effects.

(b) The Committee shall make an annual report to the President concerning mental retardation. Such additional reports or recommendations may be made as the President may require or as the Committee may deem appropriate.

Sec. 4. Cooperation by other agencies. To assist the Committee in providing advice to the President, Federal departments and agencies requested to do so by the Committee shall designate liaison officers with the Committee. Such officers shall, on request by the Committee, and to the extent permitted by law, provide it with information on department and agency programs which do contribute to or which could contribute to achievement of the President's goals in the field of mental retardation.

Sec. 5. Administrative arrangements. (a) The office of the Secretary of the Department of Health and Human Services shall, to the extent permitted by law, provide the Committee with necessary staff, administrative services, and facilities.

(b) Each member of the Committee, except any member who then receives other compensation from the United States, may receive compensation for each day he or she is engaged upon the work of the Committee, as authorized by law (5 U.S.C. 3109), and may also receive travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently.

(c) The Secretary of Health and Human Services shall perform such other functions with respect to the Committee as may be required by the provisions of the Federal Advisory Committee Act (5 U.S.C. App. I; 86 Stat. 770) [set out in the Appendix to Title 5, Government Organization and Employees].

Sec. 6. Construction. Nothing in this order shall be construed as subjecting any Federal agency, or any function vested by law in, or assigned pursuant to law to, any Federal agency, to the authority of the Committee or as abrogating or restricting any such function in any manner.

Sec. 7. Executive Order No. 11280 of May 11, 1966, is hereby superseded.

Extension of Term of President's Committee on Mental Retardation

Term of the President's Committee on Mental Retardation extended until Dec. 31, 1982, by Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.

Term of the President's Committee on Mental Retardation extended until Sept. 30, 1984, by Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended until Sept. 30, 1985, by Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended until Sept. 30, 1987, by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended until Sept. 30, 1989, by Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended until Sept. 30, 1991, by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended until Sept. 30, 1993, by Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.

Term of the President's Committee on Mental Retardation extended until Sept. 30, 1995, by Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5.

Executive Order No. 11973

Ex. Ord. No. 11973, Feb. 17, 1977, 42 F.R. 10677, which related to the President's Commission on Mental Health, was revoked by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.

Chapter Referred to in Other Sections

This chapter is referred to in sections 217a–1, 300a–7, 3013, 3509, 5116 of this title; title 20 section 1484a; title 29 sections 705, 761a, 781, 794e, 2212, 2231; title 40 App. section 202.