61 1 amount of the Federal participation bore to the cost of the 2 construction of such project or projects. Such right of re covery shall not constitute a lien upon such facility or center + prior to judgment. 5 6 7 8 "NONDUPLICATION "SEC. 226. No grant may be made under the Public Health Service Act for the construction or moderniza tion of a facility for a community mental health center unless 9 the Secretary determines that there are no funds available 10 under this part for the construction or modernization of such 11 facility. 12 13 "ALLOTMENTS TO STATES "SEC. 227. (a) In each fiscal year, the Secretary shall, 14 in accordance with regulations, make allotments from the 15 suns appropriated under section 228 to the several States 16 (with State plans approved under section 237) on the 17 basis of (1) the population, (2) the extent of the need for 18 community mental health centers, and (3) the financial need 19 of the respective States; except that no such allotment to 20 any State, other than the Virgin Islands, American Samoa, 21 Guam, and the Trust Territory of the Pacific Islands, in any 22 fiscal year may be less than $100,000. Sums so allotted to 23 a State other than the Virgin Islands, American Samoa, 24 Guam, and the Trust Territory of the Pacific Islands, in a 25 fiscal year and remaining unobligated at the end of such 62 1 year shall remain available to such State for such purpose 2 in the next fiscal year (and in such year only), in addi 3 tion to the sums allotted for such State in such next fiscal 4 year. Sums so allotted to the Virgin Islands, American 5 Samoa, Guam, or the Trust Territory of the Pacific Islands 6 in a fiscal year and remaining unobligated at the end of 7 such year shall remain available to it for such purpose in the 8 next two fiscal years (and in such years only), in addition to the sums allotted to it for such purpose in each of such next two fiscal 9 11 12 16 years. "(b) The amount of an allotment under subsection (a) to a State in a fiscal year which the Secretary determines 13 will not be required by the State during the period for which 14 it is available for the purpose for which allotted shall be 15 available for reallotment by the Secretary from time to time, on such date or dates as he may fix, to other States with re17 spect to which such a determination has not been made, in 18 proportion to the original allotments of such States for such 19 fiscal year, but with such proportionate amount for any 20 of such other States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be 22 able to use during such period; and the total of such reduc23 tions shall be similarly reallotted among the States whose 24 proportionate amounts were not so reduced. Any amount so 25 reallotted to a State in a fiscal year shall be deemed to be 21 63. 1 a part of its allotment under subsection (a) in such fiscal 2 year. 3 "SEC. 228. There are authorized to be appropriated 5 $15,000,000 for the fiscal year ending June 30, 1975, and 6 $15,000,000 for the fiscal year ending June 30, 1976, for 10 11 "DEFINITIONS "SEC. 235. For purposes of this title "(1) The term 'State' includes the Commonwealth of 12 Puerto Rico, Guam, American Samoa, the Virgin Islands, 13 the Trust Territory of the Pacific Islands, and the District 14 of Columbia. 15 "(2) The term 'State agency' means the State mental 16 health authority responsible for the mental health service 17 part of a State's plan under section 314 (d) of the Public 18 Health Service Act. 19 "(3) The term 'Secretary' means the Secretary of 20 Health, Education, and Welfare. 21 "(4) The term 'National Advisory Mental Health 22 Council' means the National Advisory Mental Health Coun23 cil established under section 217 of the Public Health Service 24 Act. 1 2 3 64 PART D-RAPE PREVENTION AND CONTROL "RAPE PREVENTION AND CONTROL "SEC. 231. (a) The Secretary shall establish within 4 the National Institute of Mental Health an identifiable ad5 ministrative unit to be known as the National Center for the 6 Prevention and Control of Rape (hereinafter in this section 7 referred to as the 'Center'). 8 "(b) (1) The Secretary, acting through the Center, 9 may, directly or by grant, carryout the following: "(A) A continuing study and investigation of "(i) the effectiveness of existing Federal, State, and local laws dealing with rape; "(ii) the relationship, if any, between traditional legal and social attitudes toward sexual roles, the act of rape, and the formulation of laws dealing with rape; "(iii) the treatment of the victims of rape by law enforcement agencies, hospitals or other medical institutions, prosecutors, and the courts; "(iv) the causes of rape, identifying to the degree possible "(I) social conditions which encourage sexual attacks, "(II) motivations of offenders, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 "(III) the impact of the offense on the victim and the family of the victim; "(v) sexual assaults in correctional institutions; "(vi) the actual incidence of forcible rape as compared to the reported cases and the reasons therefor; and "(vii) the effectiveness of existing private and local and State government education and counseling programs designed to prevent and control rape. "(B) The compilation, analysis, and publication of summaries of the continuing study conducted under subparagraph (A) and the research and demonstration projects conducted under subparagraph (E). The Secretary shall annually submit to the Congress a summary of such study and projects together with recommendations where appropriate. "(C) The development and maintenance of an in formation clearinghouse with regard to "(i) the prevention and control of rape; "(ii) the treatment and counseling of the vic tims of rape and their families; and "(iii) the rehabilitation of offenders. "(D) The compilation and publication of training materials for personnel who are engaged or intend to en gage in programs designed to prevent and control rape. |