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MISCELLANEOUS LAWS RELATING TO MEN-
TAL HEALTH AND MENTAL RETARDATION

[PUBLIC LAW 88-164, APPROVED OCTOBER 31, 1963, AS 77 Stat. 282 AMENDED 1]

AN ACT TO provide assistance in combating mental retardation through grants for construction of research centers and grants for facilities for the mentally retarded and assistance in improving mental health through grants for construction of community mental health centers, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963".

1 Provisions of this Act which amended the P.H.S. Act were incorporated as pt. D in title VII, of the P.H.S. Act.

(299)

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42 U.S.C. 2661

TITLE I2SERVICES AND FACILITIES FOR
THE MENTALLY RETARDED AND PERSONS
WITH OTHER DEVELOPMENTAL DISABILI-
TIES

SHORT TITLE

SEC. 100.3 This title may be cited as the "Developmental Disabilities Services and Facilities Construction Act".

PART A-GRANTS FOR CONSTRUCTION OF CENTERS FOR
RESEARCH ON MENTAL RETARDATION AND RELATED AS-
PECTS OF HUMAN DEVELOPMENT

*

PART B5-CONSTRUCTION, DEMONSTRATION, AND TRAIN-
ING GRANTS FOR UNIVERSITY-AFFILIATED FACILITIES
FOR PERSONS WITH DEVELOPMENTAL DISABILITIES

AUTHORIZATION OF APPROPRIATIONS

7

SEC. 121.6, (a) For the purpose of assisting in the construction (and the planning for the construction) of facilities which will aid in demonstrating provision of specialized services for the diagnosis and treatment, education, training, or care of persons with developmental disabilities or in the interdisciplinary training of physicians and other specialized personnel needed for research, diagnosis and treatment, education, training, or care of persons with developmental disabilities, including research incidental or related to any of the foregoing activities, there are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1964, $7,500,000 for the fiscal year ending June 30, 1965, $10,000,000 each for the fiscal year ending June 30, 1966, the fiscal year ending June 30, 1967, and the fiscal year ending June 30, 1968, and $20,000,000 for each of the next five fiscal years through the fiscal year ending June 30, 1973. Except as provided in subsection (b), the sums so appropriated shall be used for project grants for

2 The heading of title I amended by sec. 101(a) of P.L. 91-517.

3 Sec. 100 amended by sec. 207 (a) of P.L. 91-517.

Section 601 of P.L. 91-296 provides in part that unless expressly limited by later enactment, funds appropriated for any fiscal year ending prior to July 1, 1973, for any program under this Act shall remain available for obligation and expenditure for such fiscal year.

The heading of pt. B amended by sec. 207 (b) of P.L. 91-517.

Sec. 121 amended by secs. 2 (a), (b), and (d)(1) of P.L. 90-170, and sec. 201 (a) and (b) of P.L. 91-517.

7 Sec. 513 of the Public Health Service Act authorizes in part, that. such portion as the Secretary may determine, up to 1 per centum, of any appropriation under any provision of the Mental Retardation Facili ties Construction Act shall be available for evaluation of any program authorized thereunder.

construction of public and other nonprofit facilities for persons with developmental disabilities which are associated with a college or university.

(b) (1) Of the sums appropriated pursuant to sub- Appropriations. section (a) for any fiscal year, beginning with the fiscal year ending June 30, 1968, an amount equal to 2 per centum thereof (or such smaller amount as the Secretary may determine to be appropriate) shall be available to the Secretary for the purpose of making grants to cover not to exceed 75 per centum of the costs of the planning of projects with respect to the construction of which applications for grants may be made under this part. Not more than $25,000 shall be granted under this subsection with respect to any project.

(2) Planning grants under this subsection shall be made by the Secretary to such applicants and upon such terms and conditions as he shall by regulations prescribe. Payment of grants under this subsection shall be made in advance or by way of reimbursement, as the Secretary may determine.

(3) Whenever, in the succeeding provisions of this part, the term "grant", "grants", or "funds" is employed, such term shall be deemed not to include any grant under this subsection or any of the funds of any such grant.

DEMONSTRATION AND TRAINING GRANTS

SEC. 122. (a) For the purposes of assisting institutions of higher education to contribute more effectively to the solution of complex health, education, and social problems of children and adults suffering from developmental disabilities, the Secretary may, in accordance with the provisions of this part, make grants to cover costs of administering and operating demonstration facilities and interdisciplinary training programs for personnel needed to render specialized services to persons with developmental disabilities, including established disciplines as well as new kinds of training to meet critical shortages in the care of persons with developmental disabilities.

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(b) For the purpose of making grants under this section, there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1971; $17,000,000 for the fiscal year ending June 30, 1972; and $20,000,000 for the fiscal year ending June 3, 1973.

Subsec. 121 (b) added by sec. 2(c) of P.L. 90-170.
Sec. 122 added by sec. 202 of P.L. 91-517.

See footnote 7 on p. 300.

42 U.S.C. 2662

49 Stat. 1011

63 Stat. 108

64 Stat. 1267

APPLICATIONS

SEC. 123.10, 11 (a) Applications for grants under this part with respect to the construction of any facility may be approved by the Secretary only if the application contains or is supported by reasonable assurances that

(1) the facility will be associated, to the extent prescribed in regulations of the Secretary, with a college or university hospital (including affiliated hospitals), or with such other part of a college or university as the Secretary may find appropriate in the light of the purposes of this part;

(2) the plans and specifications are in accord with regulations prescribed by the Secretary under section 139 (d);

(3) title to the site for the project is or will be vested in one or more of the agencies or institutions filing the application or in a public or other nonprofit agency or institution which is to operate the facility;

(4) adequate financial support will be available for construction of the project and for its maintenance and operation when completed; and

(5) all laborers and mechanics employed by contractors or subcontractors in the performance of work on construction of the project will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a276a-5); and the Secretary of Labor shall have with respect to the labor standards specified in this paragraph the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).

(b) Applications for demonstration and training grants under this part may be approved by the Secretary only if the applicant is a college or university operating a facility of the type described in section 121, or is a public or nonprofit private agency or organization.operating such a facility. In considering applications for such grants, the Secretary shall give priority to any application which shows that the applicant has made arrangements, in accordance with regulations of the Secretary, for a junior college to participate in the programs for which the application is made.

10 Secs. 122, 123, 124, and 125 renumbered as secs. 123, 124, 125, and 126 respectively, by sec. 202 of P.L. 91-517.

11 Sec. 123 amended by sec. 203 of P.L. 91–517.

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