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Public Law 88-156

88th Congress, H. R. 7544

October 24, 1963

An Act

77 STAT. 273.

To amend the Social Security Act to assist States and communities in preventing and combating mental retardation through expansion and improvement of the maternal and child health and crippled children’s programs, through provision of prenatal, maternity, and infant care for individuals with conditions associated with childbearing which may lead to mental retardation, and through planning for comprehensive action to combat mental retardation, 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 “Maternal and Child Health and Mental Retardation Planning Amendments of 1963”.

[SIDENOTE] Maternal and Child Health Retardation Planning Amendments of 1963.

                        INCREASE IN MATERNAL AND CHILD HEALTH SERVICES

            Sec. 2. (a) The first sentence of section 501 of the Social Security Act is amended by striking out “there is hereby authorized to be appropriated for each fiscal year beginning after June 30, 1960, the sum of $25,000,000” and  inserting in lieu thereof “the following sums are hereby authorized to be appropriated: $25,000,000 for the fiscal year ending June 30, 1963, $30,000,000 for the fiscal year ending June 30, 1964, $35,000,000 for the fiscal year ending June 30, 1965, $40,000,000 each for the fiscal year ending June 30, 1966, and the succeeding fiscal year, $45,000,000 each for the fiscal year ending June 30, 1968, and the succeeding fiscal year, and $50,000,000 each for the fiscal year ending June 30, 1970, and the succeeding fiscal years.

[SIDENOTE] 49 Stat. 629; 74 Stat. 995. 42 USC 701.

                        (b) Subsection (a) of section 502 of such Act is amended to read as follows:

“(a) The Secretary shall allot one-half of the sum appropriated pursuant to ection 501 for each fiscal year as follows: He shall allot to each State $70,000 and such part of the remainder of such one-half as he finds that the number of live births in such State bore to the total number of live births in the United States in the latest calendar year for which he has statistics.”

[SIDENOTE] 64 Stat. 551. 42 USC 702.

                        (c) (1) The first sentence of subsection (b) of section 502 of such Act is amended to read as follows: “The Secretary shall also allot to the States (in addition to the allotments made under subsection (a)) the remaining one-half of the sum appropriated for each fiscal year pursuant to section 501.”

                        (2) The second sentence of such subsection (b) is amended by striking out “Such sums” and “such sums” and inserting in lieu thereof “Such one-half” and “such one-half”, respectively.

                                                PROJECT GRANTS

            [SIDENOTE] 49 Stat. 633. 29 USC 45b note.

Sec. 4 Part 4 of title V of the Social Security Act is amended to read as follows:

“PART 4—GRANTS FOR SPECIAL MATERNITY AND INFANT CARE PROJECTS AND RESEARCH PROJECTS

            “SPECIAL PROJECT GRANTS FOR MATERNITY AND INFANT CARE”

            “SEC. 531. (a) In order to help reduce the incidence of mental retardation caused by complications associated with childbearing, there are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1964, $15,000,000 for the fiscal year ending June 30, 1965, and $30,000,000 for each of the next three fiscal years, for grants to assist in meeting the cost of projects as provided in this section.

            “(b) From the sums appropriated pursuant to subsection (a), the Secretary is authorized to make grants to the State health  agency of any State and, with the consent of such agency in the case of a project in which such agency is unable or unwilling to participate, to the health agency of any political subdivision of the State, to pay not to exceed 75 per centum of the cost (exclusive of general agency overhead) of any project for the provision of necessary health care to prospective mothers (including, after childbirth, health care to mothers and their infants) who have or are likely to have conditions associated with childbearing which increase the hazards to the health of the mothers or their infants (including those which may cause physical or mental defects in the infants) and whom the State or local health agency determines will not receive necessary health care because they are from low-income families or for other reasons beyond their control.

            “ (c) Payment of grants under this section may be made (after necessary adjustment on account of previously made underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine.

“RESEARCH PROJECTS RELATING TO MATERNAL AND CHILD HEALTH SERVICES AND CRIPPLED CHILDREN’S SERVICES”

            “SEC. 532. (a) There are authorized to be appropriated for each fiscal year, beginning with the fiscal year ending June 30, 1964, such sums, not exceeding $8,000,000 for any fiscal year, as the Congress may determine to enable the Secretary to make grants to or jointly financed cooperative arrangements with public or other nonprofit institutions of higher learning, and public or other nonprofit agencies and organizations engaged in research or in maternal and child health or crippled

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Pub. Law 88-156

77 STAT. 275.

children’s programs, and contracts with public or nonprofit private agencies and organizations engaged in research or in such programs, for research projects relating to maternal and child health services or crippled children’s services which show promise of substantial contribution to the advancement thereof.

            “(b) Payments of grants or under contracts or cooperative arrangements under this section may be made (after necessary adjustment, in the case of grants, on account of previously made underpayments or overpayments) in advance or by way of reimbursements, and in such installments and on such conditions, as the Secretary may determine.”

                                    MENTAL RETARDATION PLANNING

[SIDENOTE] 49 Stat. 620. 42 USC 1305.

            SEC. 5. The Social Security Act is amended by adding at the end thereof the following new title:

“TITLE XVII—GRANTS FOR PLANNING COMPREHENSIVE ACTION TO COMBAT MENTAL RETARDATION

                        “AUTHORIZATION OF APPROPRIATIONS

            “SEC. 1701. For the purpose of assisting the States (including the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa) to plan for and take other steps leading to comprehensive State and community action to combat mental retardation, there is authorized to be appropriated the sum of $2,200,000.

                                    “GRANTS TO STATES

            “SEC. 1702. The sums appropriated pursuant to section 1701 shall be available for grants to States by the Secretary during the fiscal year ending June 30, 1964, and the succeeding fiscal year. Any such grant to a State, which shall not exceed 75 per centum of the cost of the planning and related activities involved, may be used by it to determine what action is needed to combat mental retardation in the State and the resources available for this purpose, to develop public awareness of the mental retardation problem and of the need for combating it, to coordinate State and local activities relating to the various aspects of mental retardation and its prevention, treatment, or amelioration, and to plan other activities leading to comprehensive State and community action to combat mental retardation.

                                                “APPLICATIONS

            “SEC. 1703. In order to be eligible for a grant under section 1702, a State must submit an application therefore which—

“(1) designates or establishes a single State agency, which may be an interdepartmental agency, as the sole agency for carrying out the purposes of this title;

“(2) indicates the manner in which provision will be made to assure full consideration of all aspects of services essential to planning for comprehensive State and community action  to combat mental retardation, including services in the fields of education, employment, rehabilitation, welfare, health, and the law, and services provided through community programs for and institutions for the mentally retarded;

“(3) sets forth its plans for expenditure of such grant, which plans provide reasonable assurance of carrying out the purposes of this title;

 

Pub. Law 88-156

October 24, 1963

77 STAT. 276.                                    -4-

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“(4) provides for submission of a final report of the activities of the State agency in carrying out the purposes of this title, and for submission of such other reports, in such form and containing such information, as the Secretary may from time to time find necessary for carrying out the purposes of this title and for keeping such records and affording such access thereto as he may find necessary to assure the correctness and verification of such reports; and

“(5) provides for such fiscal control and fun accounting procedures as may be necessary to assure proper disbursement of and accounting for funds paid to the State under this title.

                        “PAYMENTS

“SEC. 1704. Payment of grants under this title may be made (after necessary adjustment on account of previously made underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary may determine.”

            MEANING OF “SECRETARY”

SEC. 6. As used in the amendments to the Social Security Act made by this Act, the term “Secretary” means the Secretary of Health, Education, and Welfare.

Approved October 24, 1963, 11:35 a.m.

 

LEGISLATIVE HISTORY

HOUSE REPORT No. 637 (Comm. on Ways a& Means).

SENATE REPORT No. 531 (Comm. on Finance).

CONGRESSIONAL RECORD, Vol. 109 (1963):

Aug. 27: Considered and passed House.

Oct. 2: Considered and passed Senate, amended.

Oct. 15: House concurred in Senate amendment.

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