89 STAT. 304
PUBLIC LAW 94-63-JULY
29, 1975
Public Law 94-63
94th Congress
An Act
29v
1975
[S. 661
Public Health
Service Act,
amendments.
Soecial Health
RkvenueSharing
Act of
12 USC 246 note.
42 USC 246.
To amend the Public Health Service Act and related health laws to revise and
extend the health revenue sharing program, the family planning programs,
the community mental health centers program, the program for migrant health
centers and community health centers, the National Health Service Corps
program, and the programs for assistance for nurse training, and for other
purposes.
B e it enacted by the Senate and House of Eepresentatives of tile
Urzited States of America in Congress assembled,
T I T L E I-HEALTH
REVENUE SHARING
SEC.
101. This title may be cited as the 'LSpecial Health Revenue
Sharing Act of 1975".
SEC. Effective with respect to grants made under section 314(d)
102.
of the Public Health ServiceLL4ct
frgm appropriations under that iection for fiscal years beginning after June 30, 1975, section 314(d) of
the Public Health Service Act is amended to read as -follows:
"Comprehensive Public Health Services
Grants.
" ( d ) (1) From allotments made pursuant to paragraph (4), the
Secretary shall make grants to State health and mental health authorities to assist in meeting the costs of providing comprehensive public
health services.
Application.
"(2) No grant may be made under paragraph (1) to the State
health or mental health authority of any State unless an application
therefor has been submitted to and approved by the Secretary. Such
an application shall be submitted in such form and manner and shall
contain such information as the Secretary may require, and shall contain or be supported by assurances satisfactory to the Secretary that" ( A ) the comprehensive public health services provided within
the State will be provided in accordance with the State plan pre42 USC 300m-3.
pared in accordance with section 1524(c) (2) or the State plan
a p roved under section 314 ( a ) , whichever is applicable ;
l I )funds received under grants under paragraph (1) will
(3
(i) be used to supplement and, to the extent practical, to increase
the level of non-Federal funds that would otherwise be made
available for the purposes for which the grant funds are provided,
and (ii) not be used to supplant such non-Federal funds;
"(C) the State health authority, and, with respect to mental
health activities, the State mental health authority will"(i) provide for such fiscal control and fund accounting
procedures as may be necessary to assure the proper disbursement of and accounting for funds received under grants
under paragraph (1);
Report to
"(ii) from time to time, but not less often than annua!ly,
Secretary.
report to the Secretary (through a uniform national reporting
system and by such categories as the Secretary may prescr~be)
a description of the comprehensive public health services
provided in the State in the fiscal year for which the grant
applied for is made and the amount of funds obligated in such
PUBLIC LAW 94-63-JULY
29, 1975
89 STAT. 305
fkcal year for the provision of each such category of services;
and
"(iii) make such reports (in such form and containing Reports and
such information as the Secretary may prescribe) as the recordkeep%.
Secretary may reasonably require, and keep such records and
afford such access thereto as the Secretary may find necessary
to assure the correctness of, and to verify, such reports;
State mental
(D) the State mental health authority willhealth plan.
"(i) establish and carry out a plan which"(I)is designed to eliminate inappropriate placement
in institutions of persons with mental health p~oblems,
to insure the availability of appropriate noninstitutional
services for such persons, and to improve the quality of
care for those with mental health problems for whom
institutional care is appropriate ;and
"(11) shall include fair and equitable arrangements
(as determined by the Secretary after consultation with
the Secretary of Labor) to protect the interests of
employees affected by actions described in subclause (I),
including arrangements designed to preserve employee
rights and benefits and to provlde training and retraining
of such employees where necessary and arrangements
under which maximum efforts will be made to guarantee
the employment of such employees ;
"(ii) prescribe and provide for the enforcement of minimum standards for the maintenance and operationeof mental
health programs and facilities (including community mental
health centers) with the State ;and
"(iij) provide for assistance to courts and other public
agencies and to appropriate private agencies to facilitate (I)
screening by community mental health centers (or, if there
are no such centers, other appropriate entities) of residents
of the State who are being considered for inpatient care in a
mental health facility to determine if such care is.necessar;v.
and (IT) provision of followup care by community mental
health renters (or if there are no such centers, by other appropriate entities) for residents of the State who have been
discharged from mental health facilities.
" ( 3 ) The Secretary shall review annually the activities undertaken Annual review.
by each State with an approved application to determine if the State
complied with the assurances provided with the application. The
Secretary may not approre an application submitted under paragraph
(2) if the Secretary determines" ( A ) that the State for which the application was submitted
did not comply with assurances provided with a prior application
under paragraph ( 2 ) ,and
" ( R ) that he cannot be assured that the State n~ill
comply with
the assurances provided with the application under consideration.
'< For the purpose of determining the total amount of grants that Allotment of
(4)
may be made to the State health and mental authorities of each State. funds.
the Secretary shall. in each fiscal year and in accordance with regulations, allot the sums appropriated for such year under paragraph (7)
among the States on the basis of the population and the financial need
of the respective States. The populations of the States shall be determined on the basis of the latest figures for the population of the States
>lvailablefrom the Department of Commerce.
89 STAT. 306
Appropriation
authorization.
Appropriation
authorization.
PUBLIC LAW 94-63-JULY
29, 1975
" (5) The Secretary shall determine the amount of any grant under
paragraph (1) ; but the amount of grants made in any fiscal year to
the public and mental health authorities of any State may not exceed
the amount of the State's allotment available for obligation in such
fiscal year. Payments under such grants may be made in advance or
by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary.
" (6) I n any fiscal yearL'(A) not less than 15 per centum of a State's allotment under
paragraph (4) shall be made available only for grants under
paragraph (1) to the State's mental health authority for the
provision of mental health services ;and
" not less than("(i)
'70 per centum of the amount of a State's allotment
which is made available for grants to the mental health
authority, and
"(ii) 70 per centum of the remainder of the State's allotment,
shall be available only for the provision services in communities
of the State.
" (7) (A) For payments under grants under paragraph (1) there
are authorized to be appropriated $100,000,000 for fiscal year 1976,
and $110,000,000 for fiscal year 1977.
"(B) For payments under grants under paragraph (1) for establishing and maintaining programs, described in applications under
paragraph (2), for the screening, detection, diagnosis, prevention, and
referral for treatment of hypertension there are authorized t o be
appropriated $15,000,000 for fiscal year 1976, and $15,000,000 for
fiscal year 1977.".
Family Planning
T I T L E 11-FAMILY PLANNING PROGRAMS
and Population
Research Act of
SEC.
201. This title may be cited as the "Family Planning and Popu1975.
lation Research Act of 1975".
4 2 USC 300 note.
SEC.202. (a) Section 1001(c) of the Public Health Service Act is
4 2 USC 300.
amended (1) by striking out "and" after "1973;" and (2) by inserting
42 USC 300a-1.
42 USC 300a-2.
Grants and
contracts.
Appropriation
authorization-
after "1975" the following: "; $115,000,000 for fiscal year 1976; and
$115,000,000 for fiscal year 19'77".
(b) Section 1003(b) of such Act is amended (1) by striking out
"and" after "1973 :" and (2) bv inserting after "1975" the following:
$4,000,000 for fiscal year 1976; and $5,000,000 for fiscal year 1977".
(c) Section 1004 of such Act is amended to read as follows:
"SEC.
1004. (a) The Secretary may"(1) conduct, and
"(2) make grants to public or nonprofit private entities and
enter into contracts with public or private entlties and individuals
for projects for,
research in the biomedical, contraceptive development, behavioral, and
program implementation fields related to family planning and
population.
"(b) (1) To carry out subsection (a) there are authorized t o be
appropriated $55,000,000 for fiscal year 1976, and $60,000,000 for
fiscal year 1977.
PUBLIC LAW 94-63-JULY
29, 1975
89 STAT. 307
" (2) .No funds appropriated under any provision of this Act (other
than this subsection) ma be used to conduct or support the research
described in subsection
(d) Section 1005(b) of such Act is amended (1) by striking out 42 USC 300a-3.
"and" after "1973 ;"and (2) by inserting after "1975" the following :
"; $2,000,000 for fiscal year 1976; and $2,500,000 for fiscal year 1977".
SEC.
203. (a) Title X of such Act is amended by inserting after 42 USC 300.
42 USC 30Oa-6.
section 1008the following new section :
(BT.'?
"SEC.
1009. ( a ) Not later than seven months after the close of each
fiscal year, the Secretary shall make a report to the Congress setting
forth a plan to be carried out over the next five fiscal years for"(1) extension of family planning services t o all persons desiring such services,
"(2) family planning and population research programs,
" (3) training of necessary manpower for the programs authorized by this title and other Federal ls~\vs which the Secretary
for
has responsibility and which pertain to family planning, and
"(4) carrying out the other purposes set forth in this title and
the Family Planning Services and Population Research Act of
1970.
"(b) Such a plan shall, a t a minimum, indicate on a phased basis" ( I ) the number of individuals to be served by family planning programs under this title and other Federal laws for which
the Secretary has responsibility, the types of family planning and
population growth information and educational materials to be
developed under such laws and how they mill be made available, the research goals t o be reached under such laws, and the
manpower to be trained under such laws;
"(2) an estimate of the costs and personnel requirements
needed t o meet the purposes of this title and other Federal laws
for which the Secretary has resp~nsibili~ty which pertain to
and
family planning programs; and
"(3) the steps t o be taken t o maintain a systematic reporting
system capable of yielding comprehensive data on which service
figures and program evaluations for the Department of Health,
Edncation, and Welfare shall be based.
"(c) Each report submitted under subsection (a) shall"(1) compare results achieved during the preceding fiscal year
with the objectives established for such year under the plan contained in the previous such report ;
"(2) indicate steps being taken to achieve the objectives during the fiscal years covered by the plan contained in such report
and any reyisions to plans in previous reports necessary to meet
these objecbives; and
" (3) make recommendations with respect to any additional legislative or administrative action necessary or desirable in carrying
out the plan contained in such report."
(b) Section 5 of the Family Planning Services and Population
Research Act of 1970 is repealed.
SEC.
204. (a) Section 1001(a) of the Public Health Service Act is
amended by striking out 'lfamily planning projects" and inserting it1
lieu thereof "family planning projects which shall offer a broad range
of acceptable and effective family planning methods (including
natural f amilg planning methods)
".
Report to
COn~ess.
42
300a-6a.
42 USC 300 note.
Repeal.
42 USC 3505~.
42 USC
300.
89 STAT. 308
Grants and
contracts.
42
300.
4 2 USC 300a-4.
4 2 USC 300a-4.
Penalty.
4 2 USC 300a-8.
Community
Mental ~ e a l t h
Centers
Amendments of
1975.
4 2 USC 2689
note.
4 2 USC 2689
note.
PUBLIC LAW 94-63-JULY
29,1975
(b) Section 1001(b) of such Act is amended by adding a t the end
thereof the following new sentence : "Local and regional entities shall
be assured the right to apply for direct grants and contracts under
this section, and 6he Secretary shall by regulation fully provide for
and protect such right.".
( c ) Section 1006(a) of such Act is amended by adding at the end
thereof the following new sentence : "The amount of any grant under
any section of this title shall be determined by the Secretary; except
that no grant under any such section for any program or project
for a fiscal year beginning after June 30, 1975, may be made for less
than 90 per centum of its costs (as determined under regulations
of the Secretary) unless the grant is Q be made for a program or
project for which a grant was made (under the same section) for
the fiscal year ending June 30, 1975, for less than 90 per centum
of its costs (as so determined), in which case a grant under such
section for that program or project for a fiscal year beginning after
that date may be made for a percentage which shall not be less
than the percentage of its costs for which the fiscal year 1975 grant
was made.".
(d) The last sentence of section 1006(c) of such Act is amended
by inserting immediately before the period the following: "so as to
insure that economic status shall not be a deterrent to participation
in the Droprams assisted under this title".
SEC.~~O~
hy-
(1) officer or employee of the United States,
(2) officer or employee of any State, political subdivision of
a State, or any other entity, which administers or supervises
the administration of any - - program receiving Federal financial
assistance, or
(3) person who receives, under any program receiving Federal
financial assistance, compensation for services,
who coerces or endeavors to coerce any person to undergo an abortion
or sterilization procedure by threatening such person mit.h the loss
of, or disqualification for the receipt of, any benefit or service under
a program receiving Federal financial assistance shall be fined not
more than $1,000 or imprisoned for not more than one year, or both.
T I T L E 111-COMMUNITY MENTAL H E A L T H CENTERS
SEC. This title may be cited as the 'LCommunityMental Health
301.
Centers Amendments of 1975".
SEC. (a) The Congress finds t h a t
302.
(1) community mental health care is the most effective and
humane form of care for a majority of mentally ill individuals;
(2) the federally funded community mental health centers have
had a major impact on the improvement of mental health care
by(A) fostering coordination and cooperation between various agencies responsible for mental health care which in turn
has resulted in a decrease in overlapping services and more
efficient utilization of available resources,
(B) bringing comprehensive community mental health care
to all in need within a specific geographic area regardless of
ability to pay, and
(C) developing a system of care which insures continuity
of care for all patients,
and thus are a national resource to which all Americans should
enjoy access; and
PUBLIC LAW 94-63-JULY
89 STAT. 309
29, 1975
(3) there is currcntly a shortage and maldistribution of quality
community health care resources in the ITnited States.
(b) The Coilgress further declares that Federal funds should con- Federal funds,
tinue to be made available for-the purposes of initiating new and continuing existing community mental health centers and initiating new
services within existing centers. and for the monitoring of the performance of all federally funded centers to insure their responsiveness to
community needs and national goals relating to community mental
health care.
SEC.303. The Community Mental Health Centers Act is amended to 42 USC 2681
note.
read as follows :
"TITLE 11-COMMUNITY
'
L
~
MEPU'TAT, H E A L T H CENTERS
~FOR ~
~
~
COMMUNITY
~
~
~
x
MENTAL ~
HEALTH CENTERS
~
r
~
"SEC. ( a ) For purposes of this title (other than part B thereof), "Community
201.
the term 'communiky mental health center7 means a legal entity (1)
through which comprehensive mental health services are provided1689.
'' (A) principally to individuals residing in a defined geographic
area (referred to in this title as a 'catchment area'),
