MISCELLANEOUS LAWS RELATING TO MENTAL RETARDATION [PUBLIC LAW 88-164,1 APPROVED OCTOBER 31, 1963] AN ACT To provide assistance in combating mental retardation 77 Stat. 282 through grants for construction of research centers and grants for facilities for the mentally retarded and assistance in improving mental health through grants for construction of community mental health centers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963". Mental Retardation and Community Mental Health Centers Construction Act TITLE I-CONSTRUCTION OF RESEARCH CEN- 1963 SHORT TITLE SEC. 100. This title may be cited as the "Mental Retardation Facilities Construction Act". PART A-GRANTS FOR CONSTRUCTION OF CENTERS FOR RE- PART B-PROJECT GRANTS FOR CONSTRUCTION OF UNI- RETARDED AUTHORIZATION OF APPROPRIATIONS SEC. 121. For the purpose of assisting in the construc- 42 U.S.C. 2661 tion of clinical facilities providing, as nearly as practicable, a full range of inpatient and outpatient services for the mentally retarded and facilities which will aid in demonstrating provision of specialized services for the diagnosis and treatment, education, training, or care of the mentally retarded or in the clinical training of physicians and other specialized personnel needed for research, 1 Provisions of this Act which amended the PHS Act were incorporated as pt. D in Title VII, of the PHS Act. Sec. 2(a) of P.L. 89-105 (August 4, 1965) amended Titles I and IV by changing the words "Title II" wherever they appeared in such titles to read "part A of title II." 59-106 0-66 -14 42 U.S.C. 2662 49 Stat. 1011 64 Stat. 1267 63 Stat. 108 42 U.S.C. 2663 diagnosis and treatment, education, training, or care of the mentally retarded, there are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1964, $7,500,000 for the fiscal year ending June 30, 1965, and $10,000,000 each for the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967. The sums so appropriated shall be used for project grants for construction of public and other nonprofit facilities for the mentally retarded which are associated with a college or university. APPLICATIONS SEC. 122. Applications for grants under this part with respect to any facility may be approved by the Secretary only if the application contains or is supported by reasonable assurances that (1) the facility will be associated, to the extent prescribed in regulations of the Secretary, with a college or university hospital (including affiliated hospitals), or with such other part of a college or university as the Secretary may find appropriate in the light of the purposes of this part; (2) the plans and specifications are in accord with regulations prescribed by the Secretary under section 133(3); (3) title to the site for the project is or will be vested in one or more of the agencies or institutions filing the application or in a public or other nonprofit agency or institution which is to operate the facility; (4) adequate financial support will be available for construction of the project and for its maintenance and operation when completed; and (5) 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 locality as determined by the Secretary of Labor in accordance with the DavisBacon Act, as amended (40 U.S.C. 276a-276a-5); and the Secretary of Labor shall have with respect to the labor standards specified in this paragraph the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). AMOUNT OF GRANT; PAYMENTS SEC. 123. (a) The total of the grants with respect to any project for the construction of a facility under this part may not exceed 75 per centum of the necessary cost of construction thereof as determined by the Secretary. (b) Payments of grants under this part shall be made in advace or by way of reimbursement, in such install ments consistent with construction progress, and on such conditions at the Secretary may determine. RECOVERY SEC. 124. If any facility with respect to which funds have been paid under this part shall, at any time within twenty years after the completion of construction (1) be sold or transferred to any person, agency, 42 U.S.C. 2664 or organization which is not qualified to file an application under this part, or (2) cease to be a public or other nonprofit facility for the mentally retarded, unless the Secretary determines, in accordance with regulations, that there is good cause for releasing the applicant or other owner from the obligation to continue such facility as a public or other nonprfit facility for the mentally retarded, 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 the mentally retarded, 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 the 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. NONDUPLICATION OF NOTES 58 Stat. 682 42 U.8.C. 201 Note SEC. 125. No grant may be made after January 1, 1964, under any provision of the Public Health Service Act, for any of the four fiscal years in the period beginning July 1, 1963, and ending June 30, 1967, for construction of any facility for the mentally retarded described in this part, unless the Secretary determines that funds are not available under this part to make a grant for the 42 U.S.C. 2665 construction of such facility. PART C-GRANTS FOR CONSTRUCTION OF FACILITIES FOR AUTHORIZATION OF APPROPRIATIONS SEC. 131. There are authorized to be appropriated, for grants for construction of public and other nonprofit 42 U.S.C. 2671 facilities for the mentally retarded, $10,000,000 for the fiscal year ending June 30, 1965, $12,500,000 for the fiscal year ending June 30, 1966, $15,000,000 for the fiscal year ending June 30, 1967, and $30,000,000 for the fiscal year ending June 30, 1968. 42 U.S.C. 2672 ALLOTMENTS TO STATES SEC. 132. (a) For each fiscal year, the Secretary shall, in accordance with regulations, make allotments from the sums appropriated under section 131 to the several States on the basis of (1) the population, (2) the extent of the need for facilities for the mentally retarded, and (3) the financial need of the respective States; except that no such allotment to any State, other than the Virgin Is lands, American Samoa, and Guam, for any fiscal year may be less than $100,000. Sums so allotted to a State for a fiscal year 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. (b) In accordance with regulations of the Secretary, any State may file with him a request that a specified portion of its allotment under this part be added to the allotment of another State under this part for the purpose of meeting a portion of the Federal share of the cost of a project for the construction of a facility for the mentally retarded in such other State. If it is found by the Secretary that construction of the facility with respect to which the request is made would meet needs of the State making the request and that use of the specified portion of such State's allotment, as requested by it, would assist in carrying out the purposes of this part, such portion of such State's allotment shall be added to the allotment of the other State under this part, to be used for the purpose referred to above. (c) Upon the request of any State that a specified portion of its allotment under this part be added to the allotment of such State under part A of title II, and upon (1) the simultaneous certification to the Secretary by the State agency designated as provided in the State plan approved under this part to the effect that it has afforded a reasonable opportunity to make applications for the portion so specified and there have been no approvable applications for such portion, or (2) a showing satisfactory to the Secretary that the need for the community mental health centers in such State is substantially greater than for the facilities for the mentally retarded, the Secretary shall, subject to such limitations as he may by regulations prescribe, promptly adjust the allotments of such State in accordance with such request and shall notify such State agency and the State agency designated under the State plan approved under part A of title II, and thereafter the allotments as so adjusted shall be deemed the State's allotments for purposes of this part and part A of title II. REGULATIONS 42 U.S.C. 291k SEC. 133. Witin six months after enactment of this Act, 60 Stat. 1048 the Secretary shall, after consultation with the Federaĺ Hospital Council (established by section 633 of the Public Health Service Act and hereinafter in this part referred to as the "Council"), by general regulations applicable uniformly to all the States, prescribe (1) the kinds of services needed to provide ade- 42 U.S.C. 2673 quate services for mentaly retarded persons residing in a State; (2) the general manner in which the State agency (designated as provided in the State plan approved under this part) shall determine the priority of projects based on the relative need of different areas, giving special consideration to facilities which will provide comprehensive services for a particular community or communities; (3) general standards of construction and equipment for facilities of different classes and in different types of location; and (4) that the State plan shall provide for adequate facilities for the mentally retarded for persons residing in the State, and shall provide for adequate facilities for the mentally retarded to furnish needed services for persons unable to pay therefor. Such regulations may require that before approval of an application for a facility or addition to a facility is recommended by a State agency, assurance shall be received by the State from the applicant that there will be made available in such facility or addition a reasonable volume of services to persons unable to pay therefor, but an exception shall be made if such a requirement is not feasible from a financial viewpoint. STATE PLANS SEC. 134. (a) After such regulations have been issued, any State desiring to take advantage of this part shall 42 U.S.C. 2674 submit a State plan for carrying out its purposes. Such State plan must (1) designate a single State agency as the sole agency for the administration of the plan, or designate such agency as the sole agency for supervising the administration of the plan; (2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) hereof will have authority to carry out such plan in conformity with this part; (3) provide for the designation of a State advisory council which shall include representatives of State agencies concerned with planning, operation, or utilization of facilities for the mentally retarded and |