79 STAT 126. Provisions. Advisory group. Report to Congress. 49 Stat. 1011; 78 Stat. 238. 64 Stat. 1267. 63 Stat. 108. Federal funds. sidering proposals from institutions of higher education to enter into an agreement under this Act, shall give preference to institutions which are located in metropolitan industrial areas. (b) The agreement shall (1) provide that Federal funds appropriated for the benefit of the Institute will be used only for the purposes for which paid and in accordance with the applicable provisions of this Act and the agreement made pursuant thereto; (2) provide that the Board of Trustees or other governing body of the institution, subject to the approval of the Secretary, will appoint an advisory group to advise the Director of the Institute, in formulating and carrying out the basic policies governing its establishment and operation, which group shall include persons who are professionally concerned with education and technical training at the post secondary school level, persons who are professionally concerned with activities relating to education and training of the deaf, and members of the public familiar with the need for services provided by the Institute; (3) provide that the Board of Trustees or other governing body of the institution will make an annual report to the Secretary. The Secretary shall transmit the report of the institution to the Congress with such comments and recommendations as he may deem appropriate; (4) include such other conditions as the Secretary, after consultation with the National Advisory Board, deems necessary to carry out the purposes of this Act; and (5) provide that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by Federal funds appropriated for the benefit of the Institute 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 Davis-Bacon 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). (c) If within twenty years after the completion of any construction (except minor remodeling or alteration) for which such funds have been paid (A) the facility ceases to be used for the purposes for which it was constructed or the agreement is terminated, unless the Secretary determines that there is good cause for releasing the institution from its obligation, or (B) the institution ceases to be the owner of the facility, the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the aid of such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which the facility is situated. NATIONAL ADVISORY BOARD ON ESTABLISHMENT OF THE NATIONAL 79 STAT. 127. SEC. 6. (a) There is hereby established a National Advisory Board Personnel. on Establishment of the National Technical Institute for the Deaf, which shall consist of twelve persons, not regular full-time employees of the United States, appointed by the Secretary without regard to the civil service laws. The Secretary shall appoint one of the members to serve as Chairman. The appointed members shall be selected from among leaders in fields related to education and training of the deaf and other fields of education, and from members of the public familiar with the need for services provided by the Institute. The Commissioner of Education and the Commissioner of Vocational Rehabilitation shall be ex officio members of the Board. (b) Members of the Board, while serving on business of the Board, Compensation. shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including traveltime, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service 60 Stat. 808; employed intermittently. 75 Stat. 339, (c) It shall be the function of the Board (1) to review proposals 340. from institutions of higher education which offer to enter into an Functions. agreement with the Secretary for the construction and operation of a National Technical Institute for the Deaf, (2) to make recommendations to the Secretary with respect to such proposals, and (3) to make such other recommendations to the Secretary concerning the establishment and operation of the National Technical Institute as may be appropriate. (d) After the Secretary enters into an agreement under this Act, Termination. the Board shall cease to exist. Approved June 8, 1965. LEGISLATIVE HISTORY: HOUSE REPORT No. 307 (Comm. on Education & Labor). May 17: Considered and passed House. Public Law 89-77 July 21, 1965 An Act 79 STAT. 243. To amend Public Law 815, Eighty-first Congress, with respect to the construction of school facilities for children in Puerto Rico, Wake Island, Guam, or the Virgin Islands for whom local educational agencies are unable to provide education, to amend section 6(a) of Public Law 874, Eighty-first Congress, relating to conditions of employment of teachers in dependents' schools, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 10 of School facilithe Act of September 23, 1950, as amended (20 U.S.C. 640), is amended ties, construcby inserting the following sentence after the first sentence thereof: tion. "In any case in which the Commissioner makes arrangements under 72 Stat. 553. this section for constructing or otherwise providing minimum school facilities situated on Federal property in Puerto Rico, Wake Island, Guam, or the Virgin Islands, he may also include minimum school facilities necessary for the education of children residing with a parent employed by the United States though not residing on Federal property, but only if the Commissioner determines, after consultation with the appropriate State educational agency, (1) that the construction or provision of such facilities is appropriate to carry out the purposes of this Act, (2) that no local educational agency is able to provide suitable free public education for such children, and (3) that English is not the primary language of instruction in schools in the locality." SEC. 2. The fourth sentence of section 6(a) of the Act of September 30, 1950, as amended (20 U.S.C. 241(a)) is amended to read as follows: "For the purpose of providing such comparable education, personnel may be employed and the compensation, tenure, leave, hours of work, and other incidents of the employment relationship may fixed without regard to the Civil Service Act and rules (5 U.S.C. 631 et seq.) and the following: (1) the Classification Act of 1949, as amended (5 U.S.C. 1071 et seq.); (2) the Annual and Sick Leave Act of 1951, as amended (5 U.S.C. 2061 et seq.); (3) the Federal Employees' Pay Act of 1945, as amended (5 U.S.C. 901 et seq.); (4) the Veterans' Preference Act of 1944, as amended (5 U.S.C. 851 et seq.); and (5) the Performance Rating Act of 1950, as amended (5 U.S.C. 2001 et seq.)." be SEC. 3. The last sentence of section 203 (a) (2) of the Act of September 30, 1950, as amended, is repealed. Approved July 21, 1965. Teachers in dependents' schools. Laws not appli cable. 64 Stat. 1107; 67 Stat. 535. 22 Stat. 403; 63 Stat. 954; 65 Stat. 672; 59 Stat. 295; 58 Stat. 387; 64 Stat. 1098. Repeal. Ante, p. 28. LEGISLATIVE HISTORY: HOUSE REPORT No. 164 (Comm. on Education & Labor). Public Law 89-105 August 4, 1965 An Act To authorize assistance in meeting the initial cost of professional and technical personnel for comprehensive 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 Mental Retarbe cited as the "Mental Retardation Facilities and Community Mental dation FacilHealth Centers Construction Act Amendments of 1965". ities and Community Mental Construction Act SEC. 2. (a) The Mental Retardation Facilities and Community Health Centers Mental Health Centers Construction Act is amended (1) by amending the heading of title II thereof to read "TITLE II-COMMU- Amendments of NITY MENTAL HEALTH CENTERS", (2) by inserting immedi- 1965. ately below section 200 of such Act "PART A-GRANTS FOR CON- 77 Stat. 290. STRUCTION", (3) by striking out "this title" each place where it 42 USC 2661 note. appears in sections 201 through 207 of such Act and inserting in 42 USC 2681 lieu thereof "this part", and (4) by striking out "title II" each place et seq. where it appears in titles I and IV of such Act and inserting in lieu 42 USC 2691 thereof "part A of title II". (b) Such Act is further amended by adding at the end of title II the following new part: "PART B-GRANTS FOR INITIAL COST OF PROFESSIONAL AND TECHNICAL PERSONNEL OF CENTERS “AUTHORIZATION, DURATION, AND AMOUNT OF GRANTS "SEC. 220. (a) For the purpose of assisting in the establishment and initial operation of community mental health centers providing all or part of a comprehensive community mental health program, the Secretary may, in accordance with the provisions of this part, make grants to meet, for the temporary periods specified in this section, a portion of the costs (determined pursuant to regulations under section 223) of compensation of professional and technical personnel for the initial operation of new community mental health centers or of new services in community mental health centers. "(b) Grants for such costs for any center under this part may be made only for the period beginning with the first day of the first month for which such a grant is made and ending with the close of four years and three months after such first day; and such grants with respect to any center may not exceed 75 per centum of such costs for the period ending with the close of the fifteenth month following such first day, 60 per centum of such costs for the first year thereafter, 45 per centum of such costs for the second year thereafter, and 30 per centum of such costs for the third year thereafter. "(c) In making such grants, the Secretary shall take into account the relative needs of the several States for community mental health center programs, their relative financial needs, and their populations. "APPLICATIONS AND CONDITIONS FOR APPROVAL "SEC. 221. (a) Grants under this part with respect to any community mental health center may be made only upon application, and only if "(1) the applicant is a public or nonprofit private agency or organization which owns or operates the center; et seq. 79 STAT. 427. 79 STAT. 428. 54-998 O 71 - 34 42 USC 241 et seg. Restriction. 79 STAT, 428 79 STAT. 429. 58 Stat. 682. "(2) the services to be provided by the center, alone or in conjunction with other facilities owned or operated by the applicant or affiliated or associated with the applicant, will be part of a program providing, principally for persons residing in a particular community or communities in or near which such center is situated, at least those essential elements of comprehensive mental health services which are prescribed by the SecretarX (3)(A) a grant was made under part A of this title to assist in financing the construction of the center or (B) the type of service to be provided as part of such program with the aid of a grant under this part was not previously being provided by the center with respect to which such application is made; "(4) 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 practical, increase the level of State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the program described in paragraph (2) of this subsection, and will in no event supplant such State, local, and other non-Federal funds; and "(5) the services to be provided by the center are described in the State mental health plan submitted to the Public Health Service by the State mental health authority in accordance with title III of the Public Health Service Act. "(b) No grant may be made under this part after June 30, 1968, with respect to any community mental health center or with respect to any type of service provided by such a center unless a grant with respect thereto was made under this part prior to July 1, 1968. "PAYMENTS "SEC. 222. Payment of grants under this part may be made (after necessary adjustment on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and on such terms and conditions and in such installments, as the Secretary may determine. "REGULATIONS "SEC. 223. The Secretary shall, after consultation with the National Advisory Mental Health Council (appointed pursuant to the Public Health Service Act), prescribe general regulations concerning 42 USC 201 note. eligibility of centers under this part, determination of eligible costs with respect to which grants may be made, and the terms and conditions (including those specified in section 221) for approving applications under this part. "AUTHORIZATION OF APPROPRIATIONS "SEC. 224. There are hereby authorized to be appropriated $19,500,000 for the fiscal year ending June 30, 1966, $24,000,000 for the fiscal year ending June 30, 1967, and $30,000,000 for the fiscal year ending June 30, 1968, to enable the Secretary to make initial grants to community mental health centers under the provisions of this part. For the fiscal year ending June 30, 1967, and each of the five succeeding years, there are hereby authorized to be appropriated such sums as may be necessary to make grants to such centers which |