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90TH CONGRESS 1ST SESSION

S. 389

IN THE SENATE OF THE UNITED STATES

JANUARY 17 (legislative day, JANUARY 12), 1967

Mr. JAVITS (for himself and Mr. PROUTY) introduced the following bill; which was read twice and referred to the Committee on Labor and Public Welfare

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.

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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 and Community 4 Mental Health Centers Construction Act of 1963 is amended

5 by adding at the end of title I, the following new part:

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1 "PART D-GRANTS FOR COSTS OF INITIATING SERVICES

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IN COMMUNITY MENTAL RETARDATION FACILITIES

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"AUTHORIZATION OF GRANTS

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"SEC. 141. (a) For the purpose of assisting public

5 and nonprofit private agencies, organizations, or institutions

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to initiate, extend, and improve services in facilities for the

mentally retarded principally designed to serve the needs of the particular community or communities in or near which the facility is situated, the Secretary may, in accordance with the provisions of this part, make grants to meet not to exceed 75 per centum of the costs (determined pur

suant to regulations under section 144) of providing services in such facilities for the mentally retarded.

"(b) In making such grants after June 30, 1968, the

Secretary shall give preference to new or expanded services part of the cost of which will be borne out of State or local public funds.

"APPLICATIONS AND CONDITIONS FOR APPROVAL

"SEC. 142. Grants under this part with respect to any facility for the mentally retarded may be made only upon

application, and only if

"(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 nonFederal 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. 143. 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 and 10 in such installments, as the Secretary may determine.

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"REGULATIONS

"SEC. 144. (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 142) for approving applica17 tions under this part.

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"(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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"AUTHORIZATION OF APPROPRIATIONS

"SEC. 145. There are authorized to be appropriated 24 $7,000,000 for the fiscal year ending June 30, 1968, 25 $12,000,000 for the fiscal year ending June 30, 1969,

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1 000,000 each for the fiscal year ending June 30, 1966, the 2 fiscal year ending June 30, 1967, and the fiscal year ending 3 June 30, 1968, and $20,000,000 each for the fiscal year 4 ending June 30, 1969, and the fiscal year ending June 30, 5 1970".

6 (b) Such sentence is further amended by inserting 7 "(which, for purposes of this part, includes other neurologi8 cal handicapping conditions found by the Secretary to be 9 sufficiently related to mental retardation to warrant inclu10 sion in this part)" after "the mentally retarded" the first 11 time it appears therein, and by inserting "including research 12 incidental or related to any of the foregoing activities,” be13 fore "there are authorized to be appropriated".

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(c) Section 125 of such Act (42 U.S.C. 2665) is 15 amended by striking out "four", and by striking out “June 16 30, 1967" and inserting in lieu thereof "June 30, 1970".

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GRANTS FOR CONSTRUCTION OF COMMUNITY FACILITIES

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FOR THE MENTALLY RETARDED

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SEC. 3. (a) Section 131 of the Mental Retardation Fa20 cilities Construction Act (42 U.S.C. 2671) is amended by 21 striking out "and $30,000,000 for the fiscal year ending 22 June 30, 1968" and inserting in lieu thereof "$30,000,000 23 each for the fiscal year ending June 30, 1968, and the fiscal year ending June 30, 1969, and $50,000,000 for the fiscal year ending June 30, 1970".

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