4

"SEC. 226. In making grants to carry out the purposes

5 of this part, the Secretary shall take such steps as may be 6 necessary to assure that no individual shall be made the 7 subject of any research which is carried out (in whole or in 8 part) with funds provided from appropriations under this 9 part unless such individual explicitly agrees to become a 10 subject of such research.

11 "APPROVAL BY NATIONAL ADVISORY MENTAL HEALTH

13 "SEC. 227. Grants made under this title for the cost of 14 acquisition and renovation of facilities and for the cost of 15 compensation for operational costs may be made only upon 16 recommendation of the National Advisory Mental Health 17 Council established by section 217 (a) of the Public Health 18 Service Act. Grants under section 221 (c) of this title for 19 such costs may be made only upon recommendation of the 20 National Advisory Council on Alcohol Abuse and Alco21 holism.".

22

23

REPEAL

SEC. 5. Parts C, D, E, and F of the Community Men

24 tal Health Centers Act are repealed.

[H.R. 76, introduced by Mr. Hungate on January 3, 1973;

H.R. 624, introduced by Mr. Hastings and Mr. Murphy of New York on January 3, 1973;

H.R. 869, introduced by Mr. Murphy of New York and Mr. Hastings on January 3, 1973;

H.R. 1830, introduced by Mr. Preyer on January 11, 1973;
H.R. 2221, introduced by Ms. Abzug on January 18, 1973;

H.R. 5533, introduced by Mr. Murphy of New York, Mr. Hastings, Mr. Williams,
Mr. Yatron, Ms. Chisholm, Mr. Brademas, Mr. Riegle, Mr. Podell, Mr. Badillo,
Mr. Brown of California, Mr. Harrington, Mr. Ruppe, Mr. Wolff, Mr. Rees,
Mr. Owens, Mr. Mazzoli, Mr. Studds, Mr. Matsunaga, Mr. Flowers, Ms. Holtzman,
Mr. McKinney, Mr. Price of Illinois, and Mr. Lent on March 13, 1973;
H.R. 5534, introduced by Mr. Murphy of New York, Mr. Hastings, Mr. Thompson
of New Jersey, Mr. Addabbo, Mr. Walsh, Mr. Roe, Ms. Abzug, Mr. Clark, Mr.
Alexander, Mr. Carey of New York, Mr. Hanley, Mr. Harrington, Mr. Hechler
of West Virginia, Mr. Mitchell of Maryland, Mr. Rooney of Pennsylvania, Mr.
Symington, Mr. C. Wilson of Texas, and Mr. Vanik on March 13, 1973;
H.R. 5535, introduced by Mr. Murphy of New York (for himself, Mr. Hastings,
Mr. Won Pat, Mr. Bingham, Mr. Edwards of California, Mr. Leggett, Mr. Howard,
Mr. Tiernan, Mr. Reid, Mr. Delaney, Mr. Lehman, Mr. Hawkins, Mr. Preyer,
Mr. Thone, Mr. Moss, Mr. Carney of Ohio, Mr. Gonzalez, Mr. Gilman, Mr. Dulski,
Mr. Brasco, Mr. Koch, Mr. Fraser, Mr. Pike, Mr. Eilberg, and Mr. Corman)
on March 13, 1973;

H.R. 5554, introduced by Mr. Waldie on March 13, 1973;

H.R. 5609, introduced by Mr. Hastings, Mr. Murphy of New York, Mr. Pepper, Mr. Brinkley, Mr. Kyros, Mr. Stokes, Mr. Fascell, Mr. Buchanan, Mr. Stark, Ms. Schroeder, Mr. Coughlin, Mr. Bell, Mr. Kemp, Mr. Horton, Mr. Fish, Mr. Roncallo of New York, Mrs. Green of Oregon, Mr. Biester, Mr. Rodino, Mr. Biaggi, Mr. Maraziti, Mr. Moakley, Mr. Steiger of Wisconsin, and Mr. Sarbanes on March 14, 1973; and

H.R. 6523, introduced by Mr. Murphy of New York, Mr. Pepper, Mr. Winn, and Mr. Robison of New York on April 3, 1973,

are identical as follows:]

A BILL

To provide for the humane care, treatment, habilitation and protection of the mentally retarded in residential facilities through the establishment of strict quality operation and control standards and the support of the implementation of such standards by Federal assistance, to establish State plans which require a survey of need for assistance to residential facilities to enable them to be in compliance with such standards, seek to minimize inappropriate admissions to residential facilities and develop strategies which stimulate the development of regional and community programs for the mentally retarded which include the integration of such residential facilities, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

2

1 That this Act shall be known as the "Bill of Rights for the

2 Mentally Retarded".

SEC. 2. (a) The Congress finds that—

(1) there are more than two hundred thousand mentally retarded persons in the United States currently living in publicly and privately operated residential facilities for the mentally retarded;

(2) the prime purpose of residential services for the mentally retarded is to protect and nurture the mental, physical, emotional, and social development of each individual requiring responsible full-time services and to

provide those experiences which will enable the individual (A) to develop his physical, intellectual, and social capabilities to the fullest extent possible; (B) to develop emotional maturity commensurate with social and intellectual growth; (C) whenever possible, to develop skills, habits, and attitudes essential for return to contemporary society; and (D) to live a personally satisfying life within the residential environment for whatever period he may need to remain there;

(3) the basic obligation of residential services is to

assure to the mentally retarded the same constitutional

rights and guarantees as every other American citizen;

(4) voluntary and involuntary admissions to a residential facility should be based on sound professional

3

considerations that include a comprehensive assessment

of mental ability, physical health, and adaptive behavior which demonstrate a handicap sufficiently severe to justify placement;

(5) legal guardians should be appointed for both adults who are incompetent because of the severity of their mental retardation and minors who are deprived of parental guardianship, prior to their admission to a residential facility and, also, for each such individual who is in residential facilities at the date of enactment of this Act;

(6) residential facilities for the mentally retarded should provide a warm, stimulating setting devoid of dehumanizing conditions, the living quarters should be designed for optimum safety and to insure the provision of basic needs, including the right to privacy, and the location of the residential facility should where appropriate be within the community served and provide for normal contacts within the community life;

(7) the protection of the human dignity, the integrity and the life, of the mentally retarded must be realized as the first consideration in research and planning for the mentally retarded; and

(8) residential facilities should consist of small, homelike units located within, coordinated with, and

4

1 integrated into existing community living situations and

2

although the demand for resources to build these new

3

facilities may seem to conflict with the demand for re

4

sources to upgrade the old ones to humane care, treat

5

6

ment and protection standards, the two objectives are equally necessary.

7 (b) The purpose of this Act is to establish standards

8

9

13

which assure the humane care, treatment, habilitation, and

protection of the mentally retarded in residential facilities 10 and improve the system for the provision of services to the 11 mentally retarded through the encouragement of and sup12 port for the planning and development of strategies to implement such standards, minimize inappropriate admissions 14 to residential facilities and stimulate the development of re15 gional and community prograins integrating such residential 16 facilities which conform to such standards. It is the further 17 purpose of this Act to encourage and support planning and 18 development of strategies which survey and analyze residen19 tial facilities and their compliance with the standards estab20 lished under title XI of the Public Health Service Act and 21 stimulate regional and community programs and services for 22 the mentally retarded which integrate such residential 23 facilities.

24

25

AMENDMENT TO PUBLIC HEALTH SERVICE ACT

SEC. 3. The Public Health Service Act is amended by

26 inserting after title X the following new title: