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1 the Trust Territory of the Pacific Islands, and the District 2 of Columbia.

3

"(2) The term 'Secretary' means the Secretary of

4 Health, Education, and Welfare.

5

"(3) The term 'National Advisory Mental Health Coun

cil' means the National Advisory Mental Health Council 7 established under section 217 of the Public Health Service 8 Act.

10

11

13

"CATCHMENT AREA REVIEW

"SEC. 236. Each agency of a State which administers

or supervises the administration of a State's health planning 12 functions under a State plan approved under section 314 (a) of the Public Health Service Act shall, in consultation 14 with that State's mental health authority, periodically re15 view the catchment areas of the community mental health 16 centers located in that State to (1) insure that the sizes 17 of such areas are such that the services to be provided 18 through the centers (including their satellites) serving the 19 areas are available and accessible to the residents of the areas 20 promptly, as appropriate, (2) insure that the boundaries 21 of such areas conform, to the extent practicable, with22 relevant boundaries of political subdivisions, schools, and 23 Federal and State health and social service programs, and 24 (3) insure that the boundaries, of such areas eliminate, to

39

1 the extent possible, barriers to access to the services of 2 the centers serving the areas, including barriers resulting 3 from an area's physical characteristics, its residential patterns, 4 its economic and social groupings, and available transporta5 tion.

6

7

"STATE CONTROL OF OPERATIONS

"SEC. 237. Except as otherwise specifically provided, 8 nothing in this title shall be construed as conferring on any 9 Federal officer or employee the right to exercise any super10 vision or control over the administration, personnel, main11 tenance, or operation of any community mental health center 12 with respect to which any funds have been or may be ex13 pended under this title.

14

15

"RECORDS AND AUDIT

"SEC. 238. (a) Each recipient of assistance under this 16 title shall keep such records as the Secretary shall prescribe, 17 including records which fully disclose the amount and dispo18 sition by such recipient of the proceeds of such assistance, the 19 total cost of the project or undertaking in connection with 20 which such assistance is given or used, and the amount of 21 that portion of the cost of the project or undertaking sup22 plied by other sources, and such other records as will facili23 tate an effective audit.

24

"(b) The Secretary and the Comptroller General of 25 the United States, or any of their duly authorized representa

40

1 tives, shall have access for the purpose of audit and examina2 tion to any books, documents, papers, and records of the

3 recipients that are pertinent to the assistance received under 4 this title.

5

6

"NONDUPLICATION

"SEC. 239. In determining the amount of any grant

7 under part A or B for the costs of any project there shall be 8 excluded from such costs an amount equal to the sum of (1) 9 the amount of any other Federal grant which the applicant 10 for such grant has obtained, or is assured of obtaining, with 11 respect to such project, and (2) the amount of any non12 Federal funds required to be expended as a condition of such 13 other Federal grant.

14

"DETERMINATION OF POVERTY AREA

15 "SEC. 240. For purposes of any determination by the 16 Secretary under this title as to whether any urban or rural 17 area is a poverty area, the Secretary may not determine that an area is an urban or rural poverty area unless—

18

“(1) such area contains one or more subareas which

are characterized as subareas of poverty;

"(2) the population of such subarea or subareas constitutes a substantial portion of the population of such

rural or urban area; and

"(3) the project, facility, or activity, in connection

with which such determination is made, does, or (when

1

2

3

4

41

completed or put into operation) will, serve the needs of

the residents of such subarea or subareas.

"PROTECTION OF PERSONAL RIGHTS

"SEC. 241. In making grants under parts A and B, the 5 Secretary shall take such steps as may be necessary to assure 6 that no individual shall be made the subject of any research 7 which is carried out (in whole or in part) with funds under 8 such grants unless such individual explicitly agrees to become a subject of such research.

9

10

11

"REIMBURSEMENT

"SEC. 242. The Secretary shall, to the extent permitted 12 by law, work with States, private insurers, community men13 tal health centers, and other appropriate entities to assure 14 that community mental health centers shall be eligible for 15 reimbursement for their mental health services to the same 16 extent as general hospitals and other licensed providers.

17

18

"SHORT TITLE

"SEC. 243. This title may be cited as the 'Community

19 Mental Health Centers Act".".

20

SEC. 4. (a) Any entity which received a grant 21 under section 220, 242, 243, 251, 256, 264, or 271 of the 22 Community Mental Health Centers Act for the fiscal year 23 which began before the date of the enactment of this Act. 24 may, notwithstanding the amendment made by section 3 25 of this Act, continue to receive such grant

1

2

42

(1) for the period, and in the amount, prescribed

for the grant under the section of the Community Mental

3

Health Centers Act under which it was made or under

4

5

6

7

8

section 201 of the Community Mental Health Centers Amendments of 1970, whichever is applicable, and

(2) in accordance with any other terms and conditions applicable to such grant.

(b) There are authorized to be appropriated for the

9 fiscal year which begins after the date of the enactment of 10 this Act and for each of the next six fiscal years such sums as may be necessary to continue in accordance with subsec12 tion (a) the grants referred to in that subsection.

11

13

14

15

16

17

18

19

20

SEC. 5. The amendment made by section 3 shall take effect July 1, 1974; except that after January 1, 1974, the Secretary of Health, Education, and Welfare may take such action, including the promulgation of regulations, the receipt and approval of applications under the terms and conditions of title II of the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963

as amended by section 3, and the submission of budget 21 requests, as may be necessary to have the amendment effec

22

tive beginning with the fiscal year beginning July 1, 1974.