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1 this Act, is amended by inserting "construction" before

2 "funds" in the first line thereof.

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MAINTENANCE OF EFFORT

SEC. 307. Such Act is amended by adding at the end

5 thereof the following new section:

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"SEC. 126. Applications for grants under this part may 7 be approved by the Secretary only if the application con8 tains or is supported by reasonable assurances that the grants 9 will not result in any decrease in the level of State, local, and 10 other non-Federal funds for mental retardation services and 11 training which would (except for such grant) be available 12 to the applicant, but that such grants will be used to supple13 ment, and, to the extent practicable, to increase the level 14 of such funds."

93D CONGRESS 1ST SESSION

H. R. 5553

IN THE HOUSE OF REPRESENTATIVES

MARCH 13, 1973

Mr. WALDIE introduced the following bill; which was referred to the Committee on Interstate and Foreign Commerce

A BILL

To amend the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 to provide grants for costs of initiating services in community mental retardation facilities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That the Mental Retardation Facilities Construction Act is 4 amended by adding at the end the following new part:

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1 "PART E-GRANTS FOR COSTS OF INITIATING SERVICES

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IN COMMUNITY MENTAL RETARDATION FACILITIES

"AUTHORIZATION OF GRANTS

"SEC. 151. (a) For the purpose of assisting public

5 and nonprofit private agencies, organizations, or institu6 tions to initiate, extend, and improve services in facilities for 7 the mentally retarded principally designed to serve the needs 8 of the particular community or communities in or near which 9 the facility is situated, the Secretary may, in accordance 10 with the provisions of this part, make grants to meet not 11 to exceed 75 per centum of the costs (determined pursuant 12 to regulations under section 154) of providing services in 13 such facilities for the mentally retarded.

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"(b) In making such grants after June 30, 1973, the Secretary shall give preference to new or expanded services

part of the cost of which will be borne out of State or local 17 public funds.

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"APPLICATIONS AND CONDITIONS FOR APPROVAL

"SEC. 152. Grants under this part with respect to any 20 facility for the mentally retarded may be made only upon 21 application, and only if—

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"(1) the applicant is a public or nonprofit private agency, organization, or institution which owns or oper*ates the facility;

"(2) the services to be provided by the facility

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will provide principally for persons residing in a particular community or communities in or near which

such facility is situated, one or more of the types of

services for the mentally retarded which are determined by the Secretary to be basic and necessary services for the mentally retarded;

"(3) the Secretary determines that the types of services to be supported are not sufficiently available in other facilities in said communities;

"(4) the Secretary determines that, with respect to the particular type or types of service to be so assisted, Federal financial assistance is not, in fact,

available to the applicant under any other Act (or

portion thereof) which is administered by the Department of Health, Education, and Welfare;

"(5) the Secretary determines that there is satisfactory assurance that Federal funds made available

under this part for any period will be so used as to supplement and, to the extent practicable, increase the level of State, local, and other non-Federal funds for

mental retardation services that would in the absence of such Federal funds be made available for the services

described in paragraph (2) of this subsection, and will

in no event supplant such State, local, and other non

Federal funds; and

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"(6) in the case of an applicant in a State which has in existence a State plan relating to the provision of services for the mentally retarded, the services to be

provided by the facility are consistent with the plan.

"PAYMENTS

"SEC. 153. Payment of grants under this part may be 7 made (after necessary adjustment on account of previously 8 made overpayments or underpayments) in advance or by 9 way of reimbursement, and on such terms and conditions 10 and in such installments, as the Secretary may determine.

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“REGULATIONS

"SEC. 154. (a) The Secretary shall prescribe general 13 regulations concerning the eligibility of facilities under this 14 part, determination of eligible costs with respect to which 15 grants may be made, and the terms and conditions (includ16 ing those specified in section 152) for approving applica17 tions under this part.

18 "(b) Payments under this part with respect to any 19 project may be made for a period of not to exceed five years 20 beginning with the commencement of the first fiscal year 21 for which any payment is made.

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"SEC. 145. There are authorized to be appropriated

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