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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

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services for the mentally retarded which are determined

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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,

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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 satis

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factory assurance that Federal funds made available

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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

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described in paragraph (2) of this subsection, and will in no event supplant such State, local, and other non

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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.

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"PAYMENTS

6 "SEO. 153. 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 10 and in such installments, as the Secretary may determine.

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12 "SEC. 154. (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 152) for approving applica

17 tions under this part.

18 “(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

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"SEO. 145. There are authorized to be appropriated

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for the next four fiscal years, such sums as may be necessary

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to enable the Secretary to make grants under the provisions

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of this part.”

SEC. 2. Subsections (e) and (f) of section 401 of the 5 Mental Retardation Facilities and Community Mental Health

6 Centers Construction Act of 1963 are amended to read as

7 follows:

8 “(e) The term 'construction' includes construction of 9 new buildings, acquisition of existing buildings, and expan10 sion, remodeling, alteration, and renovation of existing 11 buildings, and initial equipment of such new, newly acquired, 12 expanded, remodeled, altered, or renovated buildings.

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() The term 'cost of construction' includes the cost

14 of architects' fees and acquisition of land in connection with

15 construction, but does not include the cost of off-site im

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SEC. 3. This Act may be cited as the “Mental Retardation Facilities and Community Mental Health Centers Con

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struction Act Amendments of 1973".

93D CONGRESS

2D SESSION

H. R. 12892

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 19, 1974 Mr. STAGGERS (for himself and Mr. DEVINE) introduced the following bill;

which was referred to the Committee on Interstate and Foreign Commerce

A BILL
To amend the Public Health Service Act, the Developmental

Disabilities Services and Facilities Construction Act, and the
Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970, to revise and

extend programs of health services, and for other purposes. 1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the “Health Services Amend

4 ments of 1974".

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SEC. 101. Section 314 (d) (7) of the Public Health

6 Services Act is amended to read as follows:

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"(7) ALLOCATION OF FUNDS WITHIN THE STATES.

8 At least 70 per centum of a State's allotment under this sub

9 section shall be available only for the provision under the

10 State plan of services in communities of the State.”

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EXTENSION OF STATE FORMULA GRANTS

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SEC. 102. Section 314 (d) (1) of such Act is amended

13 by striking out "and" after “1973," and inserting immedi14 ately after “1974” the following: “, and such sums as may 15 be necessary for each of the next three fiscal years”.

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EXTENSION AND REVISION OF PROJECT GRANTS

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SEC. 103. Section 314 (e) of such Act is amended to

18 read as follows:

19 “ (e) (1) There are authorized to be appropriated such 20 sums as may be necessary for the fiscal year ending June 21 30, 1975, and each of the next two fiscal years, for grants 22 to any public or nonprofit private entity to pay part of the

23 cost of

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(A) providing services (including related train

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