An Act to authorize assistance in meeting the initial cost of professional and technical personnel for comprehensive community mental health centers
PL 89-105 (H.R.2985), enacted 08/04/1965

79 STAT.] 
PUBLIC LAW 89-105-AUGUST 4, 1965 
427 
Public Law 89-103 
JOINT RESOLUTION 
To authorize the President to issue a proclamation commemorating the one 
hundred and seventy-fifth anniversary, on August 4, 1965, of the founding 
of the United States Coast Guard at Newburyport, Massachusetts. 
August 3, 19 65 
[S. J. Res. 83] 
Resolved hy the Senate and House of Representatwes 
of the United 
States of America in Congress osseTnhled^ That the President is hereby 
authorized and requested to issue a proclamation commemorating the 
one hundred and seventy-fifth anniversary, on August 4, 1965, of the 
founding of the United States Coast Guard at Newburyport, Massa-
chusetts, a service which for the past century and three-quarters has 
been dedicated to humanity through the saving of life and property 
at sea, and calling upon the people of the United States to observe such 
anniversary with appropriate ceremonies and activities. 
Approved August 3, 1965. 
U.S. 
Guard 
Coast 
175th an-
ary. 
Public Law 89-104 
AN ACT 
To amend the Act of August 7, 1935, to increase the authorized annual share 
of the United States as an adhering member of the International Council of 
Scientific Unions and Associated Unions. 
August 3, 1965 
[H. R. 8862] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That the Act of 
August 7, 1935 (22 U.S.C. 274), is amended by striking out ''$65,000" 
and inserting in lieu thereof "$100,000". 
Approved August 3, 1965. 
49 Stat. 540; 
72 Stat. 574. 
Public Law 89-105 
AN ACT 
August 4, 1965 
To authorize assistance in meeting the initial cost of professional and technical 
[H. R. 2985] 
personnel for comprehensive community mental health centers, and for other 
purposes. 
Be it enacted hy 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 Amendments of 1965". 
SEC. 2. (a) The Mental Retardation Facilities and Community 
Mental Health Centers Construction Act is amended (1) by amend-
ing the heading of title I I thereof to read "TITLE II—COMMU-
NITY MENTAL HEALTH CENTERS", (2) by inserting immedi-
ately below section 200 of such Act "PART A—GRANTS FOR CON-
STRUCTION", (3) by striking out "this title" each place where it 
appears in sections 201 through 207 of such Act and inserting in 
lieu thereof "this part", and (4) by striking out "title I I " each place 
where it appears in titles I and IV of such Act and inserting in lieu 
thereof "part A of title II". 
(b) Such Act is further amended by adding at the end of title I I 
the following new part: 
Mental Retar-
dation Facilities 
and Community 
Mental Health 
Centers Con-
struction Act 
Amendments of 
1965. 
77 Stat. 282. 
42 u s e 2661 
note. 
42 u s e 2681 
et seq. 
42 u s e 2691 
et 
seq. 
428 
PUBLIC LAW 89-105-AU GUST 4, 1965 
[79 STAT. 
''PART B—GRANTS FOR INITIAL COST OF PROFESSIONAL AND TECHNICAL 
PERSONNEL OF CENTERS 
"AUTHORIZATION, DURATION, AND AMOUNT OF GRANTS 
"SEC. 220. (a) For the purpose of assisting in the establishment and 
initial operation of community mental health centers providing all or 
part of a comprehensive community mental health program, the 
Secretary may, in accordance with the provisions of this part, make 
grants to meet, for the temporary periods specified in this section, 
a portion of the costs (determined pursuant to regulations under 
section 223) of compensation of professional and technical personnel 
for the initial operation of new community mental health centers or 
of new services in community mental health centers. 
"(b) Grants for such costs for any center under this part may be 
made only for the period beginning with the first day of the first 
month for which such a grant is made and ending with the close of 
four years and three months after such first day; and such grants 
with respect to any center may not exceed 75 per centum or such 
costs for the period ending with the close of the fifteenth month 
following such first day, 60 per centum of such costs for the first 
year thereafter, 45 per centum of such costs for the second year there-
after, and 30 per centum of such costs for the third year thereafter. 
"(c) In making such grants, the Secretary shall take into account 
the relative needs of the several States for community mental health 
center programs, their relative financial needs, and their populations. 
u 
APPLICATIONS AND CONDITIONS FOR APPROVAL 
"SEC. 221. (a) Grants under this part with respect to any com-
munity mental health center may be made only upon application, 
and only if— 
"(1) the applicant is a public or nonprofit private agency or 
organization which owns or operates the center; 
"(2) the services to be provided by the center, alone or in 
conjunction with other facilities owned or operated by the 
applicant or affiliated or associated with the applicant, will be 
part of a program providing, principally for persons residing 
m a particular community or communities in or near which such 
center is situated, at least those essential elements of compre-
hensive mental health services which are prescribed by the 
Secretary; 
"(3) (A) a ^rant was made under part A of this title to 
assist in financing the construction of the center or (B) the type 
of service to be provided as part of such program with the aid 
of a grant under this part was not previously oeing provided by 
the center with respect to which such application is made; 
"(4) the Secretary determines that there is satisfactory assur-
ance that Federal funds made available under this part for 
any period will be so used as to supplement and, to the extent 
practical, increase the level of State, local, and other non-Federal 
funds that would in the absence of such Federal funds be made 
available for the program described in paragraph (2) of this 
subsection, and will in no event supplant such State, local, and 
other non-Federal funds; and 
"(5) the services to be provided by the center are described 
in the State mental health plan submitted to the Public Health 
Service by the State mental health authority in accordance with 
42 S e Sl'et 
^
^
^
^
® •'-•'•-'• °* ^^^^ Public Health Service Act. 
seq. 
^^ 
."(b) No grant may be made under this part after June 30, 1968, 
Restriction. 
with Tcspcct to ally community mental health center or with respect 
79 STAT.] 
PUBLIC LAW 89-105-AUGUST 4, 1965 
429 
to any type of service provided hj such a center unless a grant with 
respect thereto was made under this part prior to July 1,1968. 
a 
58 Stat. 682. 
42 use 201 note. 
PAYMENTS 
"SEC. 222. Payment of grants under this part may be made (after 
necessary adjustment on account of previously made overpayments 
or underpayments) in advance or by way of reimbursement, and on 
such terms and conditions and in such installments, as the Secretary 
may determine. 
"REGULATIONS 
"SEC. 223. The Secretary shall, after consultation with the Na-
tional Advisory Mental Health Council (appointed pursuant to the 
Public Health Service Act), prescribe general reflations concerning 
eligibility of centers under this part, determination of eligible costs 
with respect to which grants may be made, and the terms and con-
ditions (including those specified m section 221) for approving appli-
cations under this part. 
"AUTHORIZATION or APPROPRIATIONS 
"SEC. 224. There are hereby authorized to be appropriated $1J*,-
500,000 for the fiscal year ending June 30, 1966, $24,000,000 for the 
fiscal year ending June 30, 1967, and $30,000,000 for the fiscal year 
ending June 30, 1968, to enable the Secretary to make initial grants 
to community mental health centers under the provisions of this 
part. 
For the fiscal year ending June 30, 1967, and each of the 
five succeeding years, there are hereby authorized to be appropriated 
such sums as may be necessary to make grants to such centers which 
have previously received a grant under this part and are eligible 
for such a grant for the year for which sums are being appropriated 
SEC. 3. Title IV of the Mental Eetardation Facilities and Commu- 
J? stat^. 2
9
^
6
. 
nity Mental Health Centers Construction Act is amended by in- et seq. 
serting at the end thereof the following new section: 
"RECORDS AND AUDIT 
"SEC. 408. (a) Each recipient of assistance under this Act shall 
keep such records as the Secretary shall prescribe, including records 
which fully disclose the amount and disposition by such recipient 
of the proceeds of such assistance, the total cost of the project or 
undertaking in connection with w^hich such assistance is given or used, 
and the amount of that portion of the cost of the project or under-
taking supplied by other sources, and such other records as will 
facilitate an effective audit. 
"(b) The Secretary and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall have 
access for the purpose of audit and examination to any books, docu-
ments, papers, and records of the recipients that are pertinent to the 
assistance received under this Act." 
SEC. 4. Subsection (a) of section 302 of the Mental Eetardation ^^R^search proj. 
Facilities and Community Mental Health Centers Construction Act 
of 1963 (Public Law 88-164) is amended by striking out "There is 
20 use 6I8. 
authorized to be appropriated for the fiscal year ending June 30, 
1964, and each of the next two fiscal years the sum of $2,000,000" 
and inserting in lieu thereof the following: "There is authorized to 
be appropriated $6,000,000 for the fiscal year ending June 30, 1966; 
430 
PUBLIC LAW 89-105-AUGUST 4, 1965 
[79 
STAT. 
Facilities, con-
struction, etc. 
Laborers, 
wages. 
49 Stat. 1011; 
78 Stat. 238. 
64 Stat. 1267. 
63 Stat. 108. 
"Construction. 
"Research and 
related purposes." 
Special account. 
Reports. 
72 Stat. 1777. 
20 u s e 615. 
77 Stat. 294. 
$9,000,000 for fiscal year ending June 30, 1967; $12,000,000 for fiscal 
year ending June 30, 1968; and $14,000,000 for fiscal year ending 
June 30,1969". 
SEC. 5. Section 302 of the Mental Retardation Facilities and Com-
munity Mental Health Centers Construction Act of 1963 (Public 
Law 88-164) is further amended by inserting at the end thereof the 
following new subsections as follow: 
"(f) For the purposes of this section the Commissioner of Educa-
tion may make grants to institutions of higher education for the con-
struction, equipping, and operation of a facility for research, or for 
research and related purposes (as defined in this section). 
"(g) All laborers and mechanics employed by contractors or sub-
contractors in the performance of work on construction of any 
project under this section shall 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. 276a—276a-5). The Secretary of Labor shall 
have, Avith respect to the labor standards specified in this clause, 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). 
"(h) As used in this section the terms 'construction' and 'cost of 
construction' include (A) the construction of new buildings and the 
expansion, remodeling, and alteration of existing buildings, including 
architects' fees, but not including the cost of acquisition of land or 
off-site improvements, and (B) equipping new buildings and existing 
buildings, whether or not expanded, remodeled, or altered. 
"(i) As used in this section, the term 'research and related pur-
poses' means research, research training, surveys, or demonstrations in 
the field of education of handicapped children, or the dissemination 
of information derived therefrom, or all of such activities, including 
(but without limitation) experimental schools." 
SEC. 6. There is hereby established on the books of the Treasury 
an account or accounts without fiscal year limitation. 
There shall 
be deposited in such account, to the extent provided by the Secretary 
of Health, Education, and Welfare or his designee, all or part of 
any grant awarded by the Secretary or any other officer or employee 
of the Department of Health, Education, and Welfare. 
Payments 
of any such grant shall from time to time be made to the grantee 
from such account or accounts, subject to such limitations relating 
to fund accumulation as the Secretary may prescribe, to the extent 
needed to carry out the purposes of any such grant. 
Such reports 
as the Secretary or other officer awarding the grant may find neces-
sary to assure expenditure of funds for the purpose of and in accord-
ance with the terms and conditions of the grant shall be made to 
the Secretary or such officer by any such grantee. 
SEC. 7. Section 5 of the Act of September 6, 1958 (Public Law 85-
926), is amended by adding at the end thereof the following new 
paragraph: 
"(c) The term 'State' includes the Commonwealth of Puerto Rico, 
the Virgin Islands, the District of Columbia, Guam, and American 
Samoa.' 
SEC. 8. Section 7 of the Act of September 6, 1958 (Public Law 
85-926) as amended (20 U.S.C. 617), is amended to read as follows: 
"SEC. 7. There are authorized to be appropriated for carrying out 
this Act $19,500,000 for the fiscal year ending June 30,1966; $29,500,-
000 for the fiscal year ending June 30, 1967; $34,000,000 for the fiscal 
year ending June 30, 1968; and $37,500,000 for the fiscal year ending 
June 30,1969." 
Approved August 4, 1965.