42 USC 241 et seq. 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 Secretary; 66 (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 have previously received a grant under this part and are eligible for such a grant for the year for which sums are being appropriated under this sentence." 42 USC 2691 SEC. 3. Title IV of the Mental Retardation Facilities and Commu- 77 Stat. 296. nity Mental Health Centers Construction Act is amended by inserting at the end thereof the following new section: "RECORDS AND AUDIT "SEC. 408. (a) Each recipient of assistance under this Act shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. "(b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the assistance received under this Act." et seq. SEC. 4. Subsection (a) of section 302 of the Mental Retardation Research proFacilities and Community Mental Health Centers Construction Act Jects. of 1963 (Public Law 88-164) is amended by striking out "There is 20 USC 618. authorized to be appropriated for the fiscal year ending June 30, 1964, and each of the next two fiscal years the sum of $2,000,000" and inserting in lieu thereof the following: "There is authorized to be appropriated $6,000,000 for the fiscal year ending June 30, 1966; 79 STAT. 429. $9,000,000 for fiscal year ending June 30, 1967; $12,000,000 for fiscal 79 STAT. 430. year ending June 30, 1968; and $14,000,000 for fiscal year ending June 30, 1969". SEC. 5. Section 302,of the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (Public Law 88-164) is further amended by inserting at the end thereof the following new subsections as follow: "(f) For the purposes of this section the Commissioner of Educa- Facilities, contion may make grants to institutions of higher education for the con- struction, etc. struction, equipping, and operation of a facility for research, or for research and related purposes (as defined in this section). "(g) All laborers and mechanics employed by contractors or sub- Laborers, wages. contractors in the performance of work on construction of any project under this section shall 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). The Secretary of Labor shall 49 Stat. 1011; have, with respect to the labor standards specified in this clause, the 78 Stat. 238. 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 64 Stat. 1267. of June 13, 1934, as amended (40 U.S.C. 276c). 63 Stat. 108. "(h) As used in this section the terms 'construction' and 'cost of "Construction." construction' include (A) the construction of new buildings and the expansion, remodeling, and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land or off-site improvements, and (B) equipping new buildings and existing buildings, whether or not expanded, remodeled, or altered. 65-511 O-66-34 79 STAT. 430. "Research and re "(i) As used in this section, the term 'research and related purlated purposes." poses' means research, research training, surveys, or demonstrations in the field of education of handicapped children, or the dissemination of information derived therefrom, or all of such activities, including (but without limitation) experimental schools." Special account. Reports. 72 Stat. 1777. 20 USC 615. "State." 77 Stat. 294. SEC. 6. There is hereby established on the books of the Treasury an account or accounts without fiscal year limitation. There shall be deposited in such account, to the extent provided by the Secretary of Health, Education, and Welfare or his designee, all or part of any grant awarded by the Secretary or any other officer or employee of the Department of Health, Education, and Welfare. Payments of any such grant shall from time to time be made to the grantee from such account or accounts, subject to such limitations relating to fund accumulation as the Secretary may prescribe, to the extent needed to carry out the purposes of any such grant. Such reports as the Secretary or other officer awarding the grant may find necessary to assure expenditure of funds for the purpose of and in accordance with the terms and conditions of the grant shall be made to the Secretary or such officer by any such grantee. SEC. 7. Section 5 of the Act of September 6, 1958 (Public Law 85926), is amended by adding at the end thereof the following new paragraph: 66 (c) The term 'State' includes the Commonwealth of Puerto Rico, the Virgin Islands, the District of Columbia, Guam, and American Samoa. SEC. 8. Section 7 of the Act of September 6, 1958 (Public Law 85-926) as amended (20 U.S.C. 617), is amended to read as follows: "SEC. 7. There are authorized to be appropriated for carrying out this Act $19,500,000 for the fiscal year ending June 30, 1966; $29,500,000 for the fiscal year ending June 30, 1967; $34,000,000 for the fiscal year ending June 30, 1968; and $37,500,000 for the fiscal year ending June 30, 1969." Approved August 4, 1965. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 248 (Comm. on Interstate & Foreign Commerce) and No. 678 (Comm. of Conference). SENATE REPORT No. 366 (Comm. on Labor & Public Welfare). May 4: Considered and passed House. June 28: Considered and passed Senate, amended. 89th Congress, H. R. 2263 An Act 79 STAT. 676 To provide for an objective, thorough, and nationwide analysis and reevaluation of the extent and means of resolving the critical shortage of qualified manpower in the field of correctional rehabilitation. 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 "Correctional Rehabilitation Study Act of 1965". SEC. 2. Section 12 of the Vocational Rehabilitation Act (29 U.S.C. ch. 4) is amended to read as follows: "GRANTS FOR SPECIAL PROJECTS IN CORRECTIONAL REHABILITATION "SEC. 12. (a) (1) The Secretary is authorized, with the advice of the National Advisory Council on Correctional Manpower and Training, established by subsection (b) of this section, to make grants to pay part of the cost of carrying out a program of research and study of the personnel practices and current and projected personnel needs in the field of correctional rehabilitation and of the availability and adequacy of the educational and training resources for persons in, or preparing to enter such field, including but not limited to the availability of educational opportunities for persons in, or preparing to enter, such field, the adequacy of the existing curriculum and teaching methods and practices involved in the preparation of persons to work in such field, the effectiveness of present methods of recruiting personnel for such field and the extent to which personnel in the field are utilized in the manner which makes the best use of their qualifications. Such a program of research and study is to be on a scale commensurate with the problem. "(2) Such grants may be made to one or more organizations, but only on condition that the organization will undertake and conduct, or if more than one organization is to receive such grants, only on condition that such organizations have agreed among themselves to undertake and conduct, a coordinated program of research into and study of all aspects of the resources, needs, and practices referred to in paragraph (1). "(3) As used in paragraph (2), the term 'organization' means a nongovernmental agency, organization, or commission, composed of representatives of leading professional associations, organizations, or agencies active in the field of corrections. "(b) (1) There is hereby established in the Department of Health, Education, and Welfare a National Advisory Council on Correctional Manpower and Training, consisting of the Secretary, or his designee, who shall be Chairman, and twelve members, not otherwise in the regular full-time employ of the United States, appointed without regard to the civil service laws by the Secretary after consultation with the Attorney General of the United States. The twelve appointed members shall be selected from among leaders in fields concerned with correctional rehabilitation or in public affairs, four of whom shall be selected from among State or local correctional services. In selecting persons for appointment to the Council, consideration shall be given to such factors, among others, as (1) familiarity with correctional manpower problems, and (2) particular concern with the training of persons in or preparing to enter the field of correctional rehabilitation. "(2) The Council shall consider all applications for grants under this section and shall make recommendations to the Secretary with respect to approval of applications for and the amounts of grants under this section. 79 STAT. 677 Council members, compensation. 60 Stat. 808; 75 Stat. 339, 340. Appropriation. Report to President and Congress, etc. "(3) Appointed members of the Council, while attending meetings or conferences thereof or otherwise serving on business of the Council, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time, 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 employed intermittently. (c) For carrying out the purposes of this section there is hereby authorized to be appropriated for the fiscal year ending June 30, 1966, the sum of $500,000 to be used for a grant or grants to help initiate the research and study provided for in this section; and the sum of $800,000 for each of the two succeeding fiscal years for the making of such grants as may be necessary to carry the research and study to completion. The terms of any such grant shall provide that the research and study shall be completed not later than three years from the date it is inaugurated; that the grantee shall file annual reports with the Secretary, the Congress, the Governors of the several States and the President, among others the grantee may select; and that the final report shall be similarly filed. "(d) Any grantee agency, organization, or commission is authorized to accept additional financial support from private or other public sources to assist in carrying on the project authorized by this section.” Approved September 10, 1965. LEGISLATIVE HISTORY: HOUSE REPORT No. 381 (Comm. on Education & Labor). |