Page:United States Statutes at Large Volume 89.djvu/559

 PUBLIC LAW 94-103—OCT. 4, 1975

89 STAT. 499

State rehabilitation agencies and rehabilitation facilities, and (2) under Federal contracts and subcontracts. a RECOVERY

"SEC. 107. If any facility with respect to which funds have been 42 USC 6006. paid under part B or C shall, at any time within twenty years after Ante, pp. 486, 489. the completion of construction— "(1) be sold or transferred to any person, agency, or organization which is not a public or nonprofit private entity, or " (2) cease to be a public or other nonprofit facility for persons with developmental disabilities, the United States shall be entitled to recover from either the transferor or the transferee (or, in the case of a facility which has ceased to be a public or other nonprofit facility for persons with developmental disabilities, from the owners thereof) an amount bearing the same ratio to the then value (as determined by the agreement of the parties or by action brought in the district court of the United States for the district in which the facility is situated) of so much of such facility as constituted an approved project or projects, as the amount of the Federal participation bore to the cost of the construction of such project or projects. Such right of recovery shall not constitute a lien upon such facility prior to judgment. The Secretary, in accordance with regulations prescribed by him, may, upon finding good cause therefor, release the applicant or other owner from the obligation to continue such facility as a public or other nonprofit facility for persons with developmental disabilities." NATIONAL ADVISORY COUNCIL

SEC. 126. (a) Section 133 of the Act is transferred to part A of the National Act (as amended by section 125), is redesignated as section 108, and Advisory Council on Services and is amended as follows: (1) Subsection (a) of such section is amended to read as follows: Facilities for the "(a)(1) There is established a National Advisory Council on Serv- Developmentally Disabled. ices and Facilities for the Developmentally Disabled (hereinafter in 42 USC 6007. this section referred to as the 'Council') which shall consist of nine ex officio members and sixteen members appointed by the Secretary. The ex officio members of the Council are the Deputy Commissioner of the Bureau of Education for the Handicapped, the Commissioner of Eehabilitation Services Administration, the Administrator of the Social and Rehabilitation Service, the Director of the National Institute of Child Health and Human Development, the Director of the National Institute of Neurological Disease and Stroke, the Director of the National Institute of Mental Health, and three other representatives of the Department of Health, Education, and Welfare selected by the Secretary. The appointed members of the Council shall be selected from persons who are not full-time employees of the United States and shall be selected without regard to the provisions of title 5, United States Code, governing appointments in the competitive 5 USC 101 et seq. service. The appointed members shall be selected from advocates in the field of services to persons with developmental disabilities, including leaders in State or local government, in institutions of higher education, and in organizations which have demonstrated advocacy on behalf of such persons. At least five such members shall be representatives of State or local public or nonprofit private agencies responsible for services to persons with developmental disabilities, and

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