I

106TH CONGRESS

2D SESSION H. R. 4867

To revise and extend the programs of the Substance Abuse and Mental

Health Services Administration, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 17, 2000

Mrs. CAPPS (for herself, Mr. RANGEL, Mr. DINGELL, Mr. BROWN of Ohio,

Mr. WAXMAN, Ms. DEGETTE, Mr. STRICKLAND, Mr. BARRETT of Wisconsin, Mr. STUPAK, and Mr. DEUTSCH) introduced the following bill;

which was referred to the Committee on Commerce

A BILL

To revise and extend the programs of the Substance Abuse

and Mental Health Services Administration, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Youth Drug and Mental Health Services Act’’.

4 (b) TABLE OF CONTENTS.—The table of contents for

5 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—SUBSTANCE ABUSE PREVENTION

Sec. 101. Priority substance abuse prevention needs of regional and national

significance.

Sec. 102. Substance abuse prevention among children and youth.

Sec. 103. Strengthening families.

Sec. 104. Services for children of substance abusers.

Sec. 105. Programs to reduce underage drinking.

Sec. 106. Prevention of methamphetamine and inhalant abuse and addiction.

TITLE II—SUBSTANCE ABUSE TREATMENT

Sec. 201. Priority substance abuse treatment needs of regional and national

significance.

Sec. 202. Residential treatment programs for pregnant and postpartum women.

Sec. 203. Substance abuse treatment for youth.

Sec. 204. Early intervention services for youth.

Sec. 205. Alcohol and drug treatment and prevention services for Indian tribes

and tribal organizations.

Sec. 206. Services for individuals with fetal alcohol syndrome.

Sec. 207. Substance abuse prevention and treatment block grant.

Sec. 208. Establishment of Commission on Indian and Native Alaskan Health

Care.

TITLE III—MENTAL HEALTH SERVICES

Sec. 301. Community mental health services performance partnership block

grant.

Sec. 302. Priority mental health needs of regional and national significance.

Sec. 303. Children and violence.

Sec. 304. Centers for excellence.

Sec. 305. Grants to address the problems of persons who experience violence related stress.

Sec. 306. Comprehensive mental heath services for children with serious emotional disturbance.

Sec. 307. Projects for assistance in transition from homelessness.

Sec. 308. Protection and Advocacy for Mentally Ill Individuals Act of 1986.

Sec. 309. Wrap around services for youth.

TITLE IV—PERFORMANCE PARTNERSHIPS

Sec. 401. Performance partnerships.

Sec. 402. Data infrastructure.
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TITLE V—CROSS-CUTTING ISSUES REGARDING MENTAL HEALTH

AND SUBSTANCE ABUSE

Subtitle A—Co-Occurring Substance Abuse and Mental Health Disorders

Sec. 501. Treatment for individuals with a co-occurring substance abuse and

mental health disorder.

Sec. 502. Services for individuals with co-occurring substance abuse and mental

health disorders.

Sec. 503. Report on individuals with co-occurring substance abuse and mental

health disorders.

Subtitle B—Prevention of Sexual Abuse

Sec. 511. Prevention of sexual abuse.

TITLE VI—GENERAL PROVISIONS

Sec. 601. Confidentiality and emergency response.

Sec. 602. Peer review.

Sec. 603. Availability to States of grant payments.

Sec. 604. Repeal of obsolete addict referral provisions.

Sec. 605. Seclusion and restraint.

Sec. 606. Advisory councils.

Sec. 607. Alcohol prevention and treatment policy.

Sec. 608. Expansion of authorities.

1 TITLE I—SUBSTANCE ABUSE

2 PREVENTION

3 SEC. 101. PRIORITY SUBSTANCE ABUSE PREVENTION

4 NEEDS OF REGIONAL AND NATIONAL SIG5 NIFICANCE.

6 Section 516 of the Public Health Service Act (42

7 U.S.C. 290bb–1) is amended to read as follows:

8 ‘‘SEC. 516. PRIORITY SUBSTANCE ABUSE PREVENTION

9 NEEDS OF REGIONAL AND NATIONAL SIG10 NIFICANCE.

11 ‘‘(a) PROJECTS.—In order to address priority sub12 stance abuse prevention needs of regional and national sig13 nificance, the Secretary shall, directly or through awards
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1 of grants, cooperative agreements, or contracts, provide

2 for—

3 ‘‘(1) knowledge development and application

4 projects for prevention and the conduct or support

5 of evaluations of such projects;

6 ‘‘(2) training; and

7 ‘‘(3) targeted capacity expansion.

8 The Secretary may make such awards to States, political

9 subdivisions of States, Indian tribes and tribal organiza10 tions, and other public or nonprofit private entities.

11 ‘‘(b) PRIORITY SUBSTANCE ABUSE PREVENTION

12 NEEDS.—For purposes of subsection (a), priority sub13 stance abuse prevention needs of regional and national sig14 nificance shall be determined by the Secretary after con15 sultation with the States and other interested parties. The

16 Secretary shall consult with States and other interested

17 parties on at least a yearly basis to determine the agenda

18 for this program.

19 ‘‘(c) REQUIREMENTS.—

20 ‘‘(1) IN GENERAL.—Recipients of awards under

21 subsection (a) shall comply with information and ap22 plication requirements determined appropriate by

23 the Secretary.

24 ‘‘(2) DURATION OF AWARD.—With respect to

25 an award under subsection (a), the period during
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1 which payments under such award are made to the

2 recipient may not exceed 5 years. The preceding sen3 tence may not be construed as establishing a limita4 tion on the number of awards under such subsection

5 that may be made to the recipient.

6 ‘‘(3) MATCHING FUNDS.—

7 ‘‘(A) AUTHORITY OF SECRETARY.—The

8 Secretary may, as a condition of making awards

9 under subsection (a), require that recipients of

10 such awards make available (directly or through

11 donations from public or private entities) non12 Federal contributions toward the costs of the

13 projects to be carried out by the recipients pur14 suant to such subsection. The amount of any

15 such required contributions shall be the amount

16 determined by the Secretary to be appropriate

17 to ensure the institutional commitment of the

18 recipients to such projects.

19 ‘‘(B) DETERMINATION OF AMOUNT CON20 TRIBUTED.—Non-Federal contributions under

21 subparagraph (A) may be in cash or in kind,

22 fairly evaluated, including plant, equipment, or

23 services. Amounts provided by the Federal Gov24 ernment, or services assisted or subsidized to

25 any significant extent by the Federal Govern-
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1 ment, may not be included in determining the

2 amount of such contributions.

3 ‘‘(4) MAINTENANCE OF EFFORT.—With respect

4 to activities for which an award under subsection (a)

5 is authorized to be expended, the Secretary, as a

6 condition of making such an award for a fiscal year,

7 may require, for specific projects, that the recipient

8 agree to maintain expenditures of non-Federal

9 amounts for such activities at a level that is not less

10 than the level of such expenditures maintained by

11 the recipient for the fiscal year preceding the fiscal

12 year for which the recipient receives the award.

13 ‘‘(d) EVALUATION.—The Secretary shall evaluate

14 each project carried out under section (a)(1) and shall dis15 seminate the findings with respect to each such evaluation

16 to appropriate public and private entities.

17 ‘‘(e) INFORMATION AND EDUCATION.—The Secretary

18 shall establish comprehensive information and education

19 programs to disseminate the findings of the knowledge de20 velopment and application and training programs under

21 this section to the general public and to health profes22 sionals.

23 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

24 purpose of carrying out this section, there are authorized

25 to be appropriated $300,000,000 for fiscal year 2001, and
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1 such sums as may be necessary for each of the fiscal years

2 2002 and 2003.’’.

3 SEC. 102. SUBSTANCE ABUSE PREVENTION AMONG CHIL4 DREN AND YOUTH.

5 Section 517 of the Public Health Service Act (42

6 U.S.C. 290bb–23) is amended to read as follows:

7 ‘‘SEC. 517. PREVENTION OF SUBSTANCE ABUSE AMONG

8 CHILDREN AND YOUTH.

9 ‘‘(a) IN GENERAL.—The Secretary shall, directly or

10 through awards of grants, cooperative agreements, or con11 tracts, provide for projects for the replication and imple12 mentation of best practices in providing comprehensive

13 substance abuse prevention services to children and youth.

14 The Secretary may make such awards to public and non15 profit private entities, including Indian tribes and tribal

16 organizations.

17 ‘‘(b) PRIORITY.—The Secretary shall give priority to

18 projects under subsection (a) that—

19 (1) provide a comprehensive approach to pre20 vention;

21 (2) use youth program designs that include the

22 most current science based prevention strategies;

23 and

24 (3) include strategies for reducing the use of al25 coholic beverages and tobacco products by individ-
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1 uals to whom it is unlawful to sell or distribute such

2 beverages or products.

3 ‘‘(c) GEOGRAPHICAL DISTRIBUTION.—To the extent

4 feasible the Secretary shall make awards under subsection

5 (a) in all regions of the United States and shall ensure

6 the distribution of grants among urban and rural areas.

7 ‘‘(d) EVALUATION.—The Secretary shall evaluate

8 each project under subsection (a) and shall disseminate

9 the findings with respect to each such evaluation to appro10 priate public and private entities.

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

12 purpose of carrying out this section, there are authorized

13 to be appropriated $40,000,000 for fiscal year 2001, and

14 such sums as may be necessary for each of the fiscal years

15 2002 and 2003.’’.

16 SEC. 103. STRENGTHENING FAMILIES.

17 Section 518 of the Public Health Service Act (42

18 U.S.C. 290bb–24) is amended to read as follows:

19 ‘‘SEC. 518. STRENGTHENING FAMILIES.

20 ‘‘(a) IN GENERAL.—The Secretary shall, directly or

21 through awards of grants, cooperative agreements, or con22 tracts, provide for projects to strengthen families by facili23 tating the development of supportive parent-child relation24 ships, by encouraging the use of positive discipline meth25 ods, by monitoring and supervision practices, by carrying
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1 out family advocacy on behalf of children, and by pro2 viding information for the benefit of the children. The Sec3 retary may make such awards to public and nonprofit pri4 vate entities, including Indian tribes and tribal organiza5 tions.

6 ‘‘(b) PRIORITY.—The Secretary shall give priority to

7 projects under subsection (a) that use 1 or a combination

8 of the following family focused approaches:

9 ‘‘(1) Behavioral parent training.

10 ‘‘(2) Family skills training (which combines

11 parent training, children’s skills training, and family

12 relationship enhancement and communication prac13 tice sessions.

14 ‘‘(3) Structural or behavioral family therapy.

15 ‘‘(4) In-home family support.

16 ‘‘(5) Any other priority that the Secretary may

17 determine.

18 ‘‘(c) EVALUATION.—The Secretary shall evaluate

19 each project under subsection (a) and shall disseminate

20 the findings with respect to each such evaluation to appro21 priate public and private entities.

22 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the

23 purpose of carrying out this section, there are authorized

24 to be appropriated $20,000,000 for fiscal year 2001, and
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1 such sums as may be necessary for each of the fiscal years

2 2002 and 2003.’’.

3 SEC. 104. SERVICES FOR CHILDREN OF SUBSTANCE ABUS4 ERS.

5 (a) ADMINISTRATION AND ACTIVITIES.—

6 (1) ADMINISTRATION.—Section 399D(a) of the

7 Public Health Service Act (42 U.S.C. 280d(a)(1)) is

8 amended—

9 (A) in paragraph (1), by striking ‘‘Admin10 istrator’’ and all that follows through ‘‘Adminis11 tration’’ and insert ‘‘Administrator of the Sub12 stance Abuse and Mental Health Services Ad13 ministration’’; and

14 (B) in paragraph (2), by striking ‘‘Admin15 istrator of the Substance Abuse and Mental

16 Health Services Administration’’ and inserting

17 ‘‘Administrator of the Health Resources and

18 Services Administration’’.

19 (2) ACTIVITIES.—Section 399D(a)(1) of the

20 Public Health Service Act (42 U.S.C. 280d(a)(1)) is

21 amended—

22 (A) in subparagraph (B), by striking

23 ‘‘and’’ at the end;

24 (B) in subparagraph (C), by striking the

25 period and inserting the following: ‘‘through
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1 youth service agencies, family social services,

2 child care providers, Head Start, schools and

3 after-school programs, early childhood develop4 ment programs, community-based family re5 source and support centers, the criminal justice

6 system, health, substance abuse and mental

7 health providers through screenings conducted

8 during regular childhood examinations and

9 other examinations, self and family member re10 ferrals, substance abuse treatment services, and

11 other providers of services to children and fami12 lies; and’’; and

13 (C) by adding at the end the following:

14 ‘‘(D) to provide prevention, education and

15 training to health, substance abuse and mental

16 health professionals, and other providers of

17 services to children and families through youth

18 service agencies, family social services, child

19 care, Head Start, schools and after school pro20 grams, early childhood development programs,

21 community based family resource and support

22 centers, the criminal justice system, and other

23 providers of services to children and families.’’.
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1 (3) IDENTIFICATION OF CERTAIN CHILDREN.—

2 Section 399D(a)(3)(A) of the Public Health Service

3 Act (42 U.S.C. 280d(a)(3)(A)) is amended—

4 (A) in clause (i), by striking ‘‘(i) the enti5 ty’’ and inserting ‘‘(i)(I) the entity’’;

6 (B) in clause (ii)—

7 (i) by striking ‘‘(ii) the entity’’ and in8 serting ‘‘(II) the entity’’; and

9 (ii) by striking the period and insert10 ing ‘‘; and’’; and

11 (C) by adding at the end the following:

12 ‘‘(ii) the entity will identify children

13 who may be eligible for medical assistance

14 under a State program under title XIX or

15 XXI of the Social Security Act.’’.

16 (b) SERVICES FOR CHILDREN.—Section 399D(b) of

17 the Public Health Service Act (42 U.S.C. 280d(b)) is

18 amended—

19 (1) in paragraph (1), by inserting ‘‘alcohol and

20 drug,’’ after ‘‘psychological,’’;

21 (2) by striking paragraph (5) and inserting the

22 following:

23 ‘‘(5) Developmentally and age-appropriate drug

24 and alcohol prevention, early intervention, treatment

25 and prevention services.’’; and
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1 (3) by inserting after paragraph (8) the fol2 lowing:

3 ‘‘Services shall be provided under paragraphs (2)

4 through (8) by a public health nurse, social worker, or

5 similar professional, or by a trained worker from the com6 munity who is supervised by a professional, or by an enti7 ty, where the professional or entity provides assurances

8 that the professional or entity is licensed or certified by

9 the State if required and is complying with applicable li10 censure or certification requirements.’’.

11 (c) SERVICES FOR AFFECTED FAMILIES.—Section

12 399D(c) of the Public Health Service Act (42 U.S.C.

13 280d(c)) is amended—

14 (1) in paragraph (1)—

15 (A) in the matter preceding subparagraph

16 (A), by inserting before the colon the following:

17 ‘‘, or by an entity, where the professional or en18 tity provides assurances that the professional or

19 entity is licensed or certified by the State if re20 quired and is complying with applicable licenser

21 certification requirements’’; and

22 (B) by adding at the end the following:

23 ‘‘(D) Aggressive outreach to family mem24 bers with substance abuse problems.
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1 ‘‘(E) Inclusion of consumer in the develop2 ment, implementation, and monitoring of family

3 services plan.’’;

4 (2) in paragraph (2)—

5 (A) by striking subparagraph (A) and in6 serting the following:

7 ‘‘(A) Alcohol and drug treatment services,

8 including screening and assessment, diagnosis,

9 detoxification, individual, group and family

10 counseling, relapse prevention, pharmaco11 therapy treatment, after-care services, and case

12 management.’’;

13 (B) in subparagraph (C), by striking ‘‘, in14 cluding educational and career planning’’ and

15 inserting ‘‘and counseling on the human im16 munodeficiency virus and acquired immune de17 ficiency syndrome’’;

18 (C) in subparagraph (D), by striking ‘‘con19 flict and’’; and

20 (D) in subparagraph (E), by striking ‘‘Re21 medial’’ and inserting ‘‘Career planning and’’;

22 and

23 (3) in paragraph (3)(D), by inserting ‘‘which

24 include child abuse and neglect prevention tech25 niques’’ before the period.
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1 (d) ELIGIBLE ENTITIES.—Section 399D(d) of the

2 Public Health Service Act (42 U.S.C. 280d(d)) is

3 amended—

4 (1) by striking the matter preceding paragraph

5 (1) and inserting:

6 ‘‘(d) ELIGIBLE ENTITIES.—The Secretary shall dis7 tribute the grants through the following types of entities:’’;

8 (2) in paragraph (1), by striking ‘‘drug treat9 ment’’ and inserting ‘‘drug early intervention, pre10 vention or treatment’’; and

11 (3) in paragraph (2)—

12 (A) in subparagraph (A), by striking ‘‘;

13 and’’ and inserting ‘‘; or’’; and

14 (B) in subparagraph (B), by inserting ‘‘or

15 pediatric health or mental health providers and

16 family mental health providers’’ before the pe17 riod.

18 (e) SUBMISSION OF INFORMATION.—Section

19 399D(h) of the Public Health Service Act (42 U.S.C.

20 280d(h)) is amended—

21 (1) in paragraph (2)—

22 (A) by inserting ‘‘including maternal and

23 child health’’ before ‘‘mental’’;

24 (B) by striking ‘‘treatment programs’’; and
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1 (C) by striking ‘‘and the State agency re2 sponsible for administering public maternal and

3 child health services’’ and inserting ‘‘, the State

4 agency responsible for administering alcohol

5 and drug programs, the State lead agency, and

6 the State Interagency Coordinating Council

7 under part H of the Individuals with Disabil8 ities Education Act; and’’; and

9 (2) by striking paragraph (3) and redesignating

10 paragraph (4) as paragraph (3).

11 (f) REPORTS TO THE SECRETARY.—Section

12 399D(i)(6) of the Public Health Service Act (42 U.S.C.

13 280d(i)(6)) is amended—

14 (1) in subparagraph (B), by adding ‘‘and’’ at

15 the end; and

16 (2) by striking subparagraphs (C), (D), and (E)

17 and inserting the following:

18 ‘‘(C) the number of case workers or other

19 professionals trained to identify and address

20 substance abuse issues.’’.

21 (g) EVALUATIONS.—Section 399D(1) of the Public

22 Health Service Act (42 U.S.C. 280d(1)) is amended—

23 (1) in paragraph (3), by adding ‘‘and’’ at the

24 end;
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1 (2) in paragraph (4), by striking the semicolon

2 and inserting the following: ‘‘, including increased

3 participation in work or employment related activi4 ties and decreased participation in welfare pro5 grams.’’; and

6 (3) by striking paragraphs (5) and (6).

7 (h) REPORT TO CONGRESS.—Section 399D(m) of the

8 Public Health Service Act (42 U.S.C. 280d(m)) is

9 amended—

10 (1) in paragraph (2), by adding ‘‘and’’ at the

11 end;

12 (2) in paragraph (3)—

13 (A) in subparagraph (A), by adding ‘‘and’’

14 at the end;

15 (B) in subparagraph (B), by striking the

16 semicolon and inserting a period; and

17 (C) by striking subparagraphs (C), (D),

18 and (E); and

19 (3) by striking paragraphs (4) and (5).

20 (i) DATA COLLECTION.—Section 399D(n) of the

21 Public Health Service Act (42 U.S.C. 280d(n)) is amend22 ed by adding at the end the following: ‘‘The periodic report

23 shall include a quantitative estimate of the prevalence of

24 alcohol and drug problems in families involved in the child

25 welfare system, the barriers to treatment and prevention
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1 services facing these families, and policy recommendations

2 for removing the identified barriers, including training for

3 child welfare workers.’’.

4 (j) DEFINITION.—Section 399D(o)(2)(B) of the Pub5 lic Health Service Act (42 U.S.C. 280d(o)(2)(B)) is

6 amended by striking ‘‘dangerous’’.

7 (k) AUTHORIZATION OF APPROPRIATIONS.—Section

8 399D(p) of the Public Health Service Act (42 U.S.C.

9 280d(p)) is amended to read as follows:

10 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—For the

11 purpose of carrying out this section, there are authorized

12 to be appropriated $50,000,000 for fiscal year 2001, and

13 such sums as may be necessary for each of the fiscal years

14 2002 and 2003.’’.

15 (l) GRANTS FOR TRAINING AND CONFORMING

16 AMENDMENTS.—Section 399D of the Public Health Serv17 ice Act (42 U.S.C. 280d) is amended—

18 (1) by striking subsection (f);

19 (2) by redesignating subsections (d) and (e) as

20 subsections (e) and (f), respectively;

21 (3) by inserting after subsection (c) the fol22 lowing subsection:

23 ‘‘(d) TRAINING FOR PROVIDERS OF SERVICES TO

24 CHILDREN AND FAMILIES.—The Secretary may make a

25 grant under subsection (a) for the training of health, sub-
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1 stance abuse and mental health professionals and other

2 providers of services to children and families through

3 youth service agencies, family social services, child care

4 providers, Head Start, schools and after-school programs,

5 early childhood development programs, community-based

6 family resource centers, the criminal justice system, and

7 other providers of services to children and families. Such

8 training shall be to assist professionals in recognizing the

9 drug and alcohol problems of their clients and to enhance

10 their skills in identifying and understanding the nature of

11 substance abuse, and obtaining substance abuse early

12 intervention, prevention and treatment resources.’’;

13 (4) by striking subsection (k);

14 (5) by redesignating subsections (l) through (p)

15 as subsections (k) through (o), respectively;

16 (6) in subsection (k)(2) (as so redesignated), by

17 striking ‘‘(h)’’ and inserting ‘‘(i)’’; and

18 (7) in paragraphs (3)(E) and (5) of subsection

19 (m) (as so redesignated), by striking ‘‘(d)’’ and in20 serting ‘‘(e)’’.

21 (m) TRANSFER AND REDESIGNATION.—The Public

22 Health Service Act (42 U.S.C. 201 et seq.) is amended—

23 (1) by transferring section 399D to title V;

24 (2) by redesignating such section as section

25 519;
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1 (3) by inserting such section after section 518;

2 and

3 (4) in title III, by striking the heading and part

4 designation for part L.

5 SEC. 105. PROGRAMS TO REDUCE UNDERAGE DRINKING.

6 Title V of the Public Health Service Act (42 U.S.C.

7 290aa et seq.), as amended by section 104(m) of this Act,

8 is amended by inserting after section 519 the following

9 section:

10 ‘‘SEC. 519A. PROGRAMS TO REDUCE UNDERAGE DRINKING.

11 ‘‘(a) IN GENERAL.—The Secretary shall make

12 awards of grants, cooperative agreements, or contracts to

13 public and nonprofit private entities, including Indian

14 tribes and tribal organizations, to enable such entities to

15 develop plans for and to carry out school-based (including

16 institutions of higher education) and community-based

17 programs for the prevention of alcoholic-beverage con18 sumption by individuals who have not having attained the

19 legal drinking age.

20 ‘‘(b) ELIGIBILITY REQUIREMENTS.—To be eligible to

21 receive an award under subsection (a), an entity shall pro22 vide any assurances to the Secretary which the Secretary

23 may require, including that the entity will—
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1 ‘‘(1) annually report to the Secretary on the ef2 fectiveness of the prevention approaches imple3 mented by the entity;

4 ‘‘(2) use science based and age appropriate ap5 proaches; and

6 ‘‘(3) involve local public health officials and

7 community prevention program staff in the planning

8 and implementation of the program.

9 ‘‘(c) EVALUATION.—The Secretary shall evaluate

10 each project under subsection (a) and shall disseminate

11 the findings with respect to each such evaluation to appro12 priate public and private entities.

13 ‘‘(d) GEOGRAPHICAL DISTRIBUTION.—The Secretary

14 shall ensure that awards will be distributed equitably

15 among the regions of the country and among urban and

16 rural areas.

17 ‘‘(e) DURATION OF AWARD.—With respect to an

18 award under subsection (a), the period during which pay19 ments under such award are made to the recipient may

20 not exceed 5 years. The preceding sentence may not be

21 construed as establishing a limitation on the number of

22 awards under such subsection that may be made to the

23 recipient.

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

25 purpose of carrying out this section, there are authorized
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1 to be appropriated $25,000,000 for fiscal year 2001, and

2 such sums as may be necessary for each of the fiscal years

3 2002 and 2003.’’.

4 SEC. 106. PREVENTION OF METHAMPHETAMINE AND IN5 HALANT ABUSE AND ADDICTION.

6 Title V of the Public Health Service Act (42 U.S.C.

7 290aa et seq.), as amended by section 105 of this Act,

8 is amended by inserting after section 519A the following

9 section:

10 ‘‘SEC. 519B. PREVENTION OF METHAMPHETAMINE AND IN11 HALANT ABUSE AND ADDICTION.

12 ‘‘(a) AWARDS.—The Secretary may make awards of

13 grants, cooperative agreements, or contracts to public and

14 nonprofit private entities to enable such entities—

15 ‘‘(1) to carry out school-based programs con16 cerning the dangers of methamphetamine or inhal17 ant abuse and addiction, using methods that are ef18 fective and evidence-based, including initiatives that

19 give students the responsibility to create their own

20 anti-drug abuse education programs for their

21 schools; and

22 ‘‘(2) to carry out community-based meth23 amphetamine or inhalant abuse and addiction pre24 vention programs that are effective and evidence25 based.
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1 ‘‘(b) USE OF FUNDS.—An award under subsection

2 (a) shall be used for planning, establishing, or admin3 istering methamphetamine or inhalant prevention pro4 grams in accordance with subsection (c).

5 ‘‘(c) PREVENTION PROGRAMS AND ACTIVITIES.—

6 ‘‘(1) IN GENERAL.—An award under subsection

7 (a) may be used—

8 ‘‘(A) to carry out school-based programs

9 that are focused on those districts with high or

10 increasing rates of methamphetamine or inhal11 ant abuse and addiction and targeted at popu12 lations which are most at risk to start meth13 amphetamine or inhalant abuse;

14 ‘‘(B) to carry out community-based preven15 tion programs that are focused on those popu16 lations within the community that are most at17 risk for methamphetamine or inhalant abuse

18 and addiction;

19 ‘‘(C) to assist local government entities to

20 conduct appropriate methamphetamine or inhal21 ant prevention activities;

22 ‘‘(D) to train and educate State and local

23 law enforcement officials, prevention and edu24 cation officials, members of community anti25 drug coalitions and parents on the signs of
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1 methamphetamine or inhalant abuse and addic2 tion and the options for treatment and preven3 tion;

4 ‘‘(E) for planning, administration, and

5 educational activities related to the prevention

6 of methamphetamine or inhalant abuse and ad7 diction;

8 ‘‘(F) for the monitoring and evaluation of

9 methamphetamine or inhalant prevention activi10 ties, and reporting and disseminating resulting

11 information to the public; and

12 ‘‘(G) for targeted pilot programs with eval13 uation components to encourage innovation and

14 experimentation with new methodologies.

15 ‘‘(2) PRIORITY.—In making awards under sub16 section (a), the Secretary shall give priority to

17 awards to serve rural and urban areas that are expe18 riencing a high rate of or rapid increases in meth19 amphetamine or inhalant abuse and addiction.

20 ‘‘(d) ANALYSES AND EVALUATION.—

21 ‘‘(1) IN GENERAL.—Up to $500,000 of the

22 amount available in each fiscal year to carry out this

23 section shall be made available to the Director, act24 ing in consultation with other Federal agencies, to

25 support and conduct periodic analyses and evalua-
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1 tions of effective prevention programs for meth2 amphetamine or inhalant abuse and addiction and

3 the development of appropriate strategies for dis4 seminating information about and implementing

5 these programs.

6 ‘‘(2) ANNUAL REPORTS.—The Director shall

7 submit to the Committee on Commerce and the

8 Committee on Appropriations in the House of Rep9 resentatives, and to the Committee on Health, Edu10 cation, Labor, and Pensions and the Committee on

11 Appropriations in the Senate, an annual report with

12 the results of the analyses and evaluation under

13 paragraph (1).

14 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

15 purpose of carrying out subsection (a), there are author16 ized to be appropriated $10,000,000 for fiscal year 2001,

17 and such sums as may be necessary for each of the fiscal

18 years 2002 and 2003.’’.

19 TITLE II—SUBSTANCE ABUSE

20 TREATMENT

21 SEC. 201. PRIORITY SUBSTANCE ABUSE TREATMENT NEEDS

22 OF REGIONAL AND NATIONAL SIGNIFICANCE.

23 (a) SUBSTANCE ABUSE TREATMENT GRANTS.—Sec24 tion 509 of the Public Health Service Act (42 U.S.C.

25 290bb–2) is amended to read as follows:
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1 ‘‘SEC. 509. PRIORITY SUBSTANCE ABUSE TREATMENT

2 NEEDS OF REGIONAL AND NATIONAL SIG3 NIFICANCE.

4 ‘‘(a) PROJECTS.—In order to address priority sub5 stance abuse treatment needs of regional and national sig6 nificance, the Secretary shall, directly or through awards

7 of grants, cooperative agreements, or contracts, provide

8 for—

9 ‘‘(1) knowledge development and application

10 projects for treatment and rehabilitation services

11 and the conduct or support of evaluations of such

12 projects;

13 ‘‘(2) training; and

14 ‘‘(3) targeted capacity expansion.

15 The Secretary may make such awards to States, political

16 subdivisions of States, Indian tribes and tribal organiza17 tions, and other public or nonprofit private entities.

18 ‘‘(b) PRIORITY SUBSTANCE ABUSE TREATMENT

19 NEEDS.—For purposes of subsection (a), priority sub20 stance abuse treatment needs of regional and national sig21 nificance shall be determined by the Secretary after con22 sultation with the States and other interested groups. The

23 Secretary shall meet with States and other interested

24 groups on at least a yearly basis to determine the agenda

25 for this program.

26 ‘‘(c) REQUIREMENTS.—
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1 ‘‘(1) IN GENERAL.—Recipients of awards under

2 subsection (a) shall comply with information and ap3 plication requirements determined appropriate by

4 the Secretary.

5 ‘‘(2) DURATION OF AWARD.—With respect to

6 an award under subsection (a), the period during

7 which payments under such award are made to the

8 recipient may not exceed 5 years. The preceding sen9 tence may not be construed as establishing a limita10 tion on the number of awards under such subsection

11 that may be made to the recipient.

12 ‘‘(3) MATCHING FUNDS.—

13 ‘‘(A) AUTHORITY OF SECRETARY.—The

14 Secretary may, as a condition of making awards

15 under subsection (a), require that recipients of

16 such awards make available (directly or through

17 donations from public or private entities) non18 Federal contributions toward the costs of the

19 projects to be carried out by the recipients pur20 suant to such subsection. The amount of any

21 such required contributions shall be the amount

22 determined by the Secretary to be appropriate

23 to ensure the institutional commitment of the

24 recipients to such projects.
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1 ‘‘(B) DETERMINATION OF AMOUNT CON2 TRIBUTED.—Non-Federal contributions under

3 subparagraph (A) may be in cash or in kind,

4 fairly evaluated, including plant, equipment, or

5 services. Amounts provided by the Federal Gov6 ernment, or services assisted or subsidized to

7 any significant extent by the Federal Govern8 ment, may not be included in determining the

9 amount of such contributions.

10 ‘‘(4) MAINTENANCE OF EFFORT.—With respect

11 to activities for which an award under subsection (a)

12 is authorized to be expended, the Secretary, as a

13 condition of making such an award for a fiscal year,

14 may require, for specific projects, that the recipient

15 agree to maintain expenditures of non-Federal

16 amounts for such activities at a level that is not less

17 than the level of such expenditures maintained by

18 the recipient for the fiscal year preceding the fiscal

19 year for which the recipient receives the award.

20 ‘‘(d) EVALUATION.—The Secretary shall evaluate

21 each project carried out under section (a)(1) and shall dis22 seminate the findings with respect to each such evaluation

23 to appropriate public and private entities.

24 ‘‘(e) INFORMATION AND EDUCATION.—The Secretary

25 shall establish comprehensive information and education
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1 programs to disseminate and apply the findings of the

2 knowledge development and application and training pro3 grams under this section to the general public and to other

4 interested parties.

5 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

6 purpose of carrying out this section, there are authorized

7 to be appropriated $300,000,000 for fiscal year 2001, and

8 such sums as may be necessary for each of the fiscal years

9 2002 and 2003.’’.

10 (b) CONFORMING AMENDMENTS.—Section 571 of the

11 Public Health Service Act (42 U.S.C. 290gg) is repealed.

12 SEC. 202. RESIDENTIAL TREATMENT PROGRAMS FOR

13 PREGNANT AND POSTPARTUM WOMEN.

14 Section 508(r) of the Public Health Service Act (42

15 U.S.C. 290bb–1(r)) is amended to read as follows:

16 ‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—For the

17 purpose of carrying out this section, there are authorized

18 to be appropriated such sums as may be necessary for

19 each of the fiscal years 2001 through 2003.’’.

20 SEC. 203. SUBSTANCE ABUSE TREATMENT FOR YOUTH.

21 Section 510 of the Public Health Service Act (42

22 U.S.C. 290bb–3) is amended to read as follows:

23 ‘‘SEC. 510. SUBSTANCE ABUSE TREATMENT FOR YOUTH.

24 ‘‘(a) IN GENERAL.—The Secretary shall make

25 awards of grants, cooperative agreements, and contracts
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1 to public and nonprofit private entities, including Indian

2 tribes and tribal organizations, for the purposes of pro3 viding substance abuse treatment to individuals under the

4 age of 22.

5 ‘‘(b) PRIORITY.—In making awards under subsection

6 (a), the Secretary shall give priority to applicants that—

7 ‘‘(1) will apply the most successful, evidenced

8 based and cost-effective methods for the treatment

9 of substance abuse among youth;

10 ‘‘(2) will coordinate services with other social

11 service systems in the community including edu12 cation, juveniles justice, child welfare and mental

13 health; and

14 ‘‘(3) will provide treatment that is gender spe15 cific and culturally appropriate.

16 ‘‘(c) CONDITION.—In making awards under sub17 section (a), the Secretary shall ensure that the awards are

18 allocated among the principal geographic regions of the

19 country, to urban and rural areas and to Indian tribes

20 and tribal organizations subject to the availability of qual21 ity applications for awards.

22 ‘‘(d) DURATION OF GRANTS.—With respect to an

23 award under subsection (a), the period during which pay24 ments under such award are made to the recipient may

25 not exceed 5 years. The preceding sentence may not be
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1 construed as establishing a limitation on the number of

2 awards under such subsection that may be made to the

3 recipient.

4 ‘‘(e) EVALUATION.—The Secretary shall require as

5 part of an application under subsection (a) a plan for the

6 rigorous evaluation of the project under such subsection,

7 including both process and outcome evaluation, and peri8 odic updates with the submission of a complete evaluation

9 at the end of the project period.

10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

11 purpose of carrying out this section, there are authorized

12 to be appropriated $50,000,000 for fiscal year 2001, and

13 such sums as may be necessary for each of the fiscal years

14 2002 and 2003.’’.

15 SEC. 204. EARLY INTERVENTION SERVICES FOR YOUTH.

16 Section 511 of the Public Health Services Act (42

17 U.S.C. 290bb–4) is amended to read as follows:

18 ‘‘SEC. 511. EARLY INTERVENTION SERVICES FOR YOUTH.

19 ‘‘(a) IN GENERAL.—The Secretary shall make

20 awards of grants, cooperative agreements, and contracts

21 to public and nonprofit private entities, including local

22 educational agencies, for the purposes of providing early

23 intervention substance abuse services for individuals under

24 the age of 22.
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1 ‘‘(b) PRIORITY.—In making awards under subsection

2 (a), the Secretary shall give priority to applicants that

3 demonstrate an ability to—

4 ‘‘(1) screen and assess for substance use and

5 abuse;

6 ‘‘(2) make appropriate referral for those who

7 are in need of treatment;

8 ‘‘(3) provide early intervention services includ9 ing counseling and ancillary services that are de10 signed to meet the developmental needs of youth;

11 and

12 ‘‘(4) develop links with the educational, juvenile

13 justice, social services and other agencies and orga14 nizations within the State or local communities to

15 identify youth in need of services.

16 ‘‘(c) CONDITION.—In making awards under sub17 section (a), the Secretary shall ensure that the awards are

18 allocated among the principal geographic regions of the

19 country, to urban and rural areas and to Indian tribes

20 and tribal organizations, subject to the availability of

21 qualified applicants for the awards.

22 ‘‘(d) EVALUATION.—The Secretary shall require as

23 part of an application under subsection (a) a plan for the

24 rigorous evaluation of the project under such subsection,

25 including both process and outcome evaluation, and peri-
33

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1 odic updates with the submission of a complete evaluation

2 at the end of the project period.

3 ‘‘(e) DURATION OF AWARD.—With respect to a grant

4 under subsection (a), the period during which payments

5 under such grant are made to the recipient may not exceed

6 5 years. The preceding sentence may not be construed as

7 establishing a limitation on the number of awards under

8 such subsection that may be made to the recipient.

9 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

10 purpose of carrying out this section, there are authorized

11 to be appropriated $20,000,000 for fiscal year 2001, and

12 such sums as may be necessary for each of the fiscal years

13 2002 and 2003.’’.

14 SEC. 205. ALCOHOL AND DRUG TREATMENT AND PREVEN15 TION SERVICES FOR INDIAN TRIBES AND

16 TRIBAL ORGANIZATIONS.

17 Section 512 of the Public Health Service Act (42

18 U.S.C. 290bb–5) is amended to read as follows:

19 ‘‘SEC. 512. ALCOHOL AND DRUG TREATMENT AND PREVEN20 TION SERVICES FOR INDIAN TRIBES AND

21 TRIBAL ORGANIZATIONS.

22 ‘‘(a) IN GENERAL.—The Secretary shall make grants

23 to nonprofit private entities and to Indian tribes and tribal

24 organizations to provide treatment services to members of

25 such tribes and organizations.
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1 ‘‘(b) PRIORITY.—In making grants under subsection

2 (a), the Secretary shall give priority to applicants that—

3 ‘‘(1) will provide services on reservations and

4 who use culturally appropriate prevention and treat5 ment approaches; and

6 ‘‘(2) have provided substance abuse services to

7 this population for at least one year prior to apply8 ing for a grant.

9 ‘‘(c) DURATION OF AWARD.—With respect to a grant

10 under subsection (a), the period during which payments

11 under such grant are made to the recipient may not exceed

12 5 years. The preceding sentence may not be construed as

13 establishing a limitation on the number of awards under

14 such subsection that may be made to the recipient.

15 ‘‘(d) EVALUATION.—The Secretary shall require as

16 part of an application under subsection (a) a plan for the

17 rigorous evaluation of the project under such subsection,

18 including both process and outcome evaluation, and peri19 odic updates with the submission of a complete evaluation

20 at the end of the project period. The final report shall

21 include a determination on whether the program should

22 continue.

23 ‘‘(e) REPORT.—Not later than 3 years after the date

24 of enactment of this section and annually thereafter, the

25 Secretary shall submit to the Committee on Commerce in
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1 the House of Representatives and the Committee on

2 Health, Education, Labor and Pensions in the Senate a

3 report describing the services provided pursuant to this

4 section.

5 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

6 purpose of carrying out this section, there are authorized

7 to be appropriated $15,000,000 for fiscal year 2001, and

8 such sums as may be necessary for each of the fiscal years

9 2002 and 2003.’’.

10 SEC. 206. SERVICES FOR INDIVIDUALS WITH FETAL ALCO11 HOL SYNDROME.

12 Subpart 1 of part B of title V of the Public Health

13 Service Act (42 U.S.C. 290bb et seq.) is amended by add14 ing at the end the following:

15 ‘‘SEC. 514. SERVICES FOR INDIVIDUALS WITH FETAL ALCO16 HOL SYNDROME.

17 ‘‘(a) IN GENERAL.—The Secretary shall make

18 awards of grants, cooperative agreements, or contracts to

19 public and nonprofit private entities, including Indian

20 tribes and tribal organizations, to provide services to indi21 viduals diagnosed with fetal alcohol syndrome or alcohol22 related birth defects.

23 ‘‘(b) USE OF FUNDS.—An award under subsection

24 (a) may, subject to subsection (d), be used to—
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•HR 4867 IH

1 ‘‘(1) screen and test individuals to determine

2 the type and level of services needed;

3 ‘‘(2) develop a comprehensive plan for providing

4 services to the individual;

5 ‘‘(3) provide mental health counseling;

6 ‘‘(4) provide substance abuse prevention serv7 ices and treatment, if needed;

8 ‘‘(5) coordinate services with other social pro9 grams including social services, justice system, edu10 cational services, health services, mental health and

11 substance abuse services, financial assistance pro12 grams, vocational services and housing assistance

13 programs;

14 ‘‘(6) provide vocational services;

15 ‘‘(7) provide family planning counseling;

16 ‘‘(8) provide housing assistance;

17 ‘‘(9) parenting skills training;

18 ‘‘(10) overall case management;

19 ‘‘(11) supportive services for families of individ20 uals with Fetal Alcohol Syndrome; and

21 ‘‘(12) provide other services and programs, to

22 the extent authorized by the Secretary after consid23 eration of recommendations made by the National

24 Task Force on Fetal Alcohol Syndrome.
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1 ‘‘(c) REQUIREMENTS.—To be eligible to receive an

2 award under subsection (a), an applicant shall—

3 ‘‘(1) demonstrate that the program will be part

4 of a coordinated, comprehensive system of care for

5 such individuals;

6 ‘‘(2) demonstrate an established communication

7 with other social programs in the community includ8 ing social services, justice system, financial assist9 ance programs, health services, educational services,

10 mental health and substance abuse services, voca11 tional services and housing assistance services;

12 ‘‘(3) show a history of working with individuals

13 with fetal alcohol syndrome or alcohol-related birth

14 defects;

15 ‘‘(4) provide assurance that the services will be

16 provided in a culturally and linguistically appro17 priate manner; and

18 ‘‘(5) provide assurance that at the end of the

19 5-year award period, other mechanisms will be iden20 tified to meet the needs of the individuals and fami21 lies served under such award.

22 ‘‘(d) RELATIONSHIP TO PAYMENTS UNDER OTHER

23 PROGRAMS.—An award may be made under subsection (a)

24 only if the applicant involved agrees that the award will

25 not be expended to pay the expenses of providing any serv-
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1 ice under this section to an individual to the extent that

2 payment has been made, or can reasonably be expected

3 to be made, with respect to such expenses—

4 ‘‘(1) under any State compensation program,

5 under an insurance policy, or under any Federal or

6 State health benefits program; or

7 ‘‘(2) by an entity that provides health services

8 on a prepaid basis.

9 ‘‘(e) DURATION OF AWARDS.—With respect to an

10 award under subsection (a), the period during which pay11 ments under such award are made to the recipient may

12 not exceed 5 years.

13 ‘‘(f) EVALUATION.—The Secretary shall evaluate

14 each project carried out under subsection (a) and shall dis15 seminate the findings with respect to each such evaluation

16 to appropriate public and private entities.

17 ‘‘(g) FUNDING.—

18 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

19 For the purpose of carrying out this section, there

20 are authorized to be appropriated $50,000,000 for

21 fiscal year 2001, and such sums as may be nec22 essary for each of the fiscal years 2002 and 2003.

23 ‘‘(2) ALLOCATION.—Of the amounts appro24 priated under paragraph (1) for a fiscal year, not

25 less than $300,000 shall, for purposes relating to
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1 fetal alcohol syndrome and alcohol-related birth de2 fects, be made available for collaborative, coordi3 nated interagency efforts with the National Institute

4 on Alcohol Abuse and Alcoholism, the National In5 stitute on Child Health and Human Development,

6 the Health Resources and Services Administration,

7 the Agency for Healthcare Research and Quality,

8 the Centers for Disease Control and Prevention, the

9 Department of Education, and the Department of

10 Justice.

11 ‘‘SEC. 514A. CENTERS OF EXCELLENCE ON SERVICES FOR

12 INDIVIDUALS WITH FETAL ALCOHOL SYN13 DROME AND ALCOHOL-RELATED BIRTH DE14 FECTS AND TREATMENT FOR INDIVIDUALS

15 WITH SUCH CONDITIONS AND THEIR FAMI16 LIES.

17 ‘‘(a) IN GENERAL.—The Secretary shall make

18 awards of grants, cooperative agreements, or contracts to

19 public or nonprofit private entities for the purposes of es20 tablishing not more than 4 centers of excellence to study

21 techniques for the prevention of fetal alcohol syndrome

22 and alcohol-related birth defects and adaptations of inno23 vative clinical interventions and service delivery improve24 ments for the provision of comprehensive services to indi25 viduals with fetal alcohol syndrome or alcohol-related birth
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1 defects and their families and for providing training on

2 such conditions.

3 ‘‘(b) USE OF FUNDS.—An award under subsection

4 (a) may be used to—

5 ‘‘(1) study adaptations of innovative clinical

6 interventions and service delivery improvements

7 strategies for children and adults with fetal alcohol

8 syndrome or alcohol-related birth defects and their

9 families;

10 ‘‘(2) identify communities which have an exem11 plary comprehensive system of care for such individ12 uals so that they can provide technical assistance to

13 other communities attempting to set up such a sys14 tem of care;

15 ‘‘(3) provide technical assistance to commu16 nities who do not have a comprehensive system of

17 care for such individuals and their families;

18 ‘‘(4) train community leaders, mental health

19 and substance abuse professionals, families, law en20 forcement personnel, judges, health professionals,

21 persons working in financial assistance programs,

22 social service personnel, child welfare professionals,

23 and other service providers on the implications of

24 fetal alcohol syndrome and alcohol-related birth de-
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1 fects, the early identification of and referral for such

2 conditions;

3 ‘‘(5) develop innovative techniques for pre4 venting alcohol use by women in child bearing years;

5 ‘‘(6) perform other functions, to the extent au6 thorized by the Secretary after consideration of rec7 ommendations made by the National Task Force on

8 Fetal Alcohol Syndrome.

9 ‘‘(c) REPORT.—

10 ‘‘(1) IN GENERAL.—A recipient of an award

11 under subsection (a) shall at the end of the period

12 of funding report to the Secretary on any innovative

13 techniques that have been discovered for preventing

14 alcohol use among women of child bearing years.

15 ‘‘(2) DISSEMINATION OF FINDINGS.—The Sec16 retary shall upon receiving a report under paragraph

17 (1) disseminate the findings to appropriate public

18 and private entities.

19 ‘‘(d) DURATION OF AWARDS.—With respect to an

20 award under subsection (a), the period during which pay21 ments under such award are made to the recipient may

22 not exceed 5 years.

23 ‘‘(e) EVALUATION.—The Secretary shall evaluate

24 each project carried out under subsection (a) and shall dis-
42

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1 seminate the findings with respect to each such evaluation

2 to appropriate public and private entities.

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

4 purpose of carrying out this section, there are authorized

5 to be appropriated $5,000,000 for fiscal year 2001, and

6 such sums as may be necessary for each of the fiscal years

7 2002 and 2003.’’.

8 SEC. 207. SUBSTANCE ABUSE PREVENTION AND TREAT9 MENT BLOCK GRANT.

10 (a) ALLOCATION REGARDING ALCOHOL AND OTHER

11 DRUGS.—Section 1922 of the Public Health Service Act

12 (42 U.S.C. 300x–22) is amended by—

13 (1) striking subsection (a); and

14 (2) redesignating subsections (b) and (c) as (a)

15 and (b).

16 (b) GROUP HOMES FOR RECOVERING SUBSTANCE

17 ABUSERS.—Section 1925(a) of the Public Health Service

18 Act (42 U.S.C. 300x–25(a)) is amended in the matter pre19 ceding paragraph (1) by striking ‘‘For fiscal year 1993’’

20 and all that follows through the colon and inserting the

21 following: ‘‘A State, using funds available under section

22 1921, may establish and maintain the ongoing operation

23 of a revolving fund in accordance with this section to sup24 port group homes for recovering substance abusers as fol25 lows:’’.
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1 (c) PLANNING COUNCILS.—Subpart II of Part B of

2 title XIX of the Public Health Service Act is amended by

3 inserting after section 1927 (42 U.S.C. 300x–27) the fol4 lowing new section:

5 ‘‘SEC. 1927A. STATE SUBSTANCE ABUSE PREVENTION AND

6 TREATMENT PLANNING COUNCILS.

7 ‘‘(a) IN GENERAL.—A funding agreement for a grant

8 under section 1921 is that the State involved will establish

9 and maintain a State substance abuse prevention and

10 treatment planning council in accordance with the condi11 tions described in this section.

12 ‘‘(b) DUTIES.—A condition under subsection (a) for

13 a council is that the duties of the council are—

14 ‘‘(1) to review applications including reports re15 quired under section 1932 of this subpart prior to

16 their submission to the Secretary and to submit to

17 the State any recommendations of the council for

18 modifications;

19 ‘‘(2) to advise the State on how best to provide

20 substance abuse prevention and treatment services

21 in the State;

22 ‘‘(3) to serve as an advocate for individuals

23 with substance abuse disorders; and

24 ‘‘(4) to monitor, review, and evaluate, not less

25 than once each year, the allocation and adequacy of
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1 substance abuse prevention and treatment services

2 within the State.

3 ‘‘(c) MEMBERSHIP.—

4 (1) IN GENERAL.—A condition under subsection

5 (a) for a council is that the council be composed of

6 residents of the State; including representatives of—

7 ‘‘(A) the principal State agencies with re8 spect to substance abuse prevention and treat9 ment, education, vocational rehabilitation,

10 criminal justice, housing, and social services;

11 ‘‘(B) public and private entities concerned

12 with the need, planning, operation, funding, and

13 use of substance abuse prevention and treat14 ment services and related support services;

15 ‘‘(C) individuals who are receiving (or have

16 received) substance abuse prevention and treat17 ment services;

18 ‘‘(D) the families of such individuals; and

19 ‘‘(E) providers of substance abuse preven20 tion and treatment services.

21 ‘‘(2) LIMITATION ON STATE EMPLOYEES AND

22 PROVIDERS.—A condition under subsection (a) for a

23 council is that not less that 50 percent of the mem24 bers of the council are individuals who are not State
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1 employees or providers of substance abuse preven2 tion and treatment services.

3 ‘‘(d) REVIEW OF STATE APPLICATIONS.—The Sec4 retary may make a grant under this subpart only if—

5 ‘‘(1) the application including the report under

6 this subpart with respect to the grant has been re7 viewed by the council; and

8 ‘‘(2) the State submits to the Secretary any

9 recommendations or comments received by the State

10 from the council for modifications to the application

11 without regard to whether the State has made the

12 recommended modifications.’’.

13 (d) MAINTENANCE OF EFFORT.—Section 1930 of the

14 Public Health Service Act (42 U.S.C. 300x–30) is

15 amended—

16 (1) by redesignating subsections (b) and (c) as

17 subsections (c) and (d) respectively; and

18 (2) by inserting after subsection (a), the fol19 lowing:

20 ‘‘(b) EXCLUSION OF CERTAIN FUNDS.—The Sec21 retary may exclude from the aggregate State expenditures

22 under subsection (a), funds appropriated to the principle

23 agency for authorized activities which are of a non-recur24 ring nature and for a specific purpose.’’.
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1 (e) APPLICATIONS FOR GRANTS.—Section 1932

2 (a)(1) of the Public Health Service Act (42 U.S.C.

3 300x(a)(1)) is amended to read as follows:

4 ‘‘(1) the application is received by the Secretary

5 no later than October 1 of the fiscal year for which

6 a State is seeking funds.’’.

7 (f) WAIVER FOR TERRITORIES.—Section 1932(c) of

8 the Public Health Service Act (42 U.S.C. 300x–32(c)) is

9 amended by striking ‘‘whose allotment under section 1921

10 for the fiscal year is the amount specified in section

11 1933(c)(2)(B)’’ and inserting ‘‘except Puerto Rico’’.

12 (g) WAIVER AUTHORITY FOR CERTAIN REQUIRE13 MENTS.—(1) Section 1932 of the Public Health Service

14 Act (42 U.S.C. 300x–32) is amended by adding the fol15 lowing subsection:

16 ‘‘(e) WAIVER AUTHORITY FOR CERTAIN REQUIRE17 MENTS.—(1) Upon the request of a State, the Secretary

18 may waive the requirements of all or any of the sections

19 listed in paragraph (2) using criteria established by the

20 Secretary in accordance with paragraph (3).

21 ‘‘(2) The requirements which may be waived under

22 paragraph (1) are sections 1922(c), 1923, 1924, 1928 and

23 1929.

24 ‘‘(3) The criteria referred to in paragraph (1) shall

25 be performance measures including capacity, process and
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1 outcomes related to the specific requirements for which

2 a State is seeking a waiver and be developed by a nego3 tiated regulatory process involving the States and other

4 interested groups.’’.

5 (2) CONFORMING AMENDMENTS.—Upon publication

6 of the regulation developed in accordance with subsection

7 (e) as added by paragraph (1)—

8 (A) section 1922(c) of the Public Health Serv9 ice Act (42 U.S.C. 330x–22(c)) is amended by—

10 (i) repealing paragraph (2); and

11 (ii) redesignating paragraph (3) as (2).

12 (B) section 1928(d) of the Public Health Serv13 ice Act (42 U.S.C. 300x–28(d)) is repealed.

14 (h) DETERMINATION OF ALLOTMENT.—Section

15 1933(b) of the Public Health Service Act (42 U.S.C.

16 300x–33(b)) is amended to read as follows:

17 ‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—

18 (1) IN GENERAL.—With respect to fiscal year

19 2001 and all subsequent fiscal years, the amount of

20 the allotment of a State under section 1921 shall

21 not be less than the amount the State received

22 under section 1921 for the previous fiscal year in23 creased by 30.65 percent of the percentage by which

24 the amount allotted to the States for the fiscal year
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1 exceeds the amount allotted to the States for the

2 previous fiscal year.

3 ‘‘(2) LIMITATIONS.—

4 (A) IN GENERAL.—Except as provided in

5 subparagraph (B), a State shall not receive an

6 allotment under section 1921 for a fiscal year

7 in an amount that is less than an amount equal

8 to 0.375 percent of the amount appropriated

9 under section 1935(a) for such fiscal year.

10 ‘‘(B) EXCEPTION.—In applying subpara11 graph (A), the Secretary shall ensure that no

12 State receives an increase in its allotment under

13 section 1921 for a fiscal year (as compared to

14 the amount allotted to the State in the prior

15 fiscal year) that is in excess of an amount equal

16 to 300 percent of the percentage by which the

17 amount appropriated under section 1935(a) for

18 such fiscal year exceeds the amount appro19 priated for the prior fiscal year.

20 ‘‘(3) DECREASE IN OR EQUAL APPROPRIA21 TIONS.—If the amount appropriated under section

22 1935(a) is equal to or less than the amount appro23 priated under such section for the prior fiscal year,

24 the amount of the State allotment under section

25 1921 shall be equal to the amount the State received
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1 under section 1921 in the prior fiscal year decreased

2 by the percentage by which the amount appropriated

3 for such fiscal year is less than the amount appro4 priated for such section for the prior fiscal year.’’.

5 (i) AUTHORIZATION OF APPROPRIATIONS.—Section

6 1935(a) of the Public Health Service Act is amended as

7 follows:

8 (1) in subsection (a) by striking

9 ‘‘$1,500,000,000’’ and all that follows and inserting

10 ‘‘$2,000,000,000 for fiscal year 2001, and such

11 sums as may be necessary for each of the fiscal

12 years 2002 and 2003.’’;

13 (2) in subsection (b)(2) by striking ‘‘1949(a)’’

14 and inserting ‘‘1948(a)’’; and

15 (3) in subsection (b) as follows—

16 (A) in paragraph (1)(B) by striking ‘‘sec17 tion 505’’ and inserting in its place ‘‘sections

18 505 and 1971’’; and

19 (B) by adding the following paragraph—

20 ‘‘(3) CORE DATA SET.—Any State that receives

21 a new grant, contract or cooperative agreement from

22 those funds available to the Secretary under para23 graph (1) for the purposes of improving their data

24 collection, analysis and reporting capabilities shall be

25 required to collect, analyze and report on to the Sec-
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1 retary for each and every fiscal year subsequent to

2 receiving those funds a core/minimum data set to be

3 determined by the Secretary in conjunction with the

4 States.’’.

5 SEC. 208. ESTABLISHMENT OF COMMISSION ON INDIAN

6 AND NATIVE ALASKAN HEALTH CARE.

7 Part D of title V of the Public Health Service Act

8 (42 U.S.C. 290dd et seq.) is amended by adding at the

9 end the following section:

10 ‘‘SEC. 544. COMMISSION ON INDIAN AND NATIVE ALASKAN

11 HEALTH CARE.

12 ‘‘(a) IN GENERAL.—There is established a commis13 sion to be known as the Commission on Indian and Native

14 Alaskan Health Care that shall examine the health con15 cerns of Indians and Native Alaskans who reside on res16 ervations and tribal lands (hereafter in this section re17 ferred to as the ‘Commission’).

18 ‘‘(b) MEMBERSHIP.—

19 ‘‘(1) IN GENERAL.—The Commission estab20 lished under subsection (a) shall consist of—

21 ‘‘(A) the Secretary;

22 ‘‘(B) 15 members who are experts in the

23 health care field and issues that the Commis24 sion is established to examine; and
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1 ‘‘(C) the Director of the Indian Health

2 Service and the Commissioner of Indian Affairs,

3 who shall be nonvoting members.

4 ‘‘(2) APPOINTING AUTHORITY.—Of the 15

5 members of the Commission described in paragraph

6 (1)(B)—

7 ‘‘(A) 2 shall be appointed by the Speaker

8 of the House of Representatives;

9 ‘‘(B) 2 shall be appointed by the Minority

10 Leader of the House of Representatives;

11 ‘‘(C) 2 shall be appointed by the Majority

12 Leader of the Senate;

13 ‘‘(D) 2 shall be appointed by the Minority

14 Leader of the Senate; and

15 ‘‘(E) 7 shall be appointed by the Secretary.

16 ‘‘(3) LIMITATION.—Not fewer than 10 of the

17 members appointed to the Commission shall be Indi18 ans or Native Alaskans.

19 ‘‘(4) CHAIRPERSON.—The Secretary shall serve

20 as the Chairperson of the Commission.

21 ‘‘(5) EXPERTS.—The Commission may seek the

22 expertise of any expert in the health care field to

23 carry out its duties.

24 ‘‘(c) PERIOD OF APPOINTMENT.—Members shall be

25 appointed for the life of the Commission. Any vacancy in
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1 the Commission shall not affect its powers, but shall be

2 filed in the same manner as the original appointment.

3 ‘‘(d) DUTIES OF THE COMMISSION.—The Commis4 sion shall—

5 ‘‘(1) study the health concerns of Indians and

6 Native Alaskans; and

7 ‘‘(2) prepare the reports described in subsection

8 (i).

9 ‘‘(e) POWERS OF THE COMMISSION.—

10 ‘‘(1) HEARINGS.—The Commission may hold

11 such hearings, including hearings on reservations, sit

12 and act at such times and places, take such testi13 mony, and receive such information as the Commis14 sion considers advisable to carry out the purpose for

15 which the Commission was established.

16 ‘‘(2) INFORMATION FROM FEDERAL AGEN17 CIES.—The Commission may secure directly from

18 any Federal department or agency such information

19 as the Commission considers necessary to carry out

20 the purpose for which the Commission was estab21 lished. Upon request of the Chairperson of the Com22 mission, the head of such department or agency

23 shall furnish such information to the Commission.

24 ‘‘(f) COMPENSATION OF MEMBERS.—
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1 ‘‘(1) IN GENERAL.—Except as provided in sub2 paragraph (B), each member of the Commission

3 may be compensated at a rate not to exceed the

4 daily equivalent of the annual rate of basic pay pre5 scribed for level IV of the Executive Schedule under

6 section 5315 of title 5, United States Code, for each

7 day (including travel time), during which that mem8 ber is engaged in the actual performance of the du9 ties of the Commission.

10 ‘‘(2) LIMITATION.—Members of the Commis11 sion who are officers or employees of the United

12 States shall receive no additional pay on account of

13 their service on the Commission.

14 ‘‘(g) TRAVEL EXPENSES OF MEMBERS.—The mem15 bers of the Commission shall be allowed travel expenses,

16 including per diem in lieu of subsistence, at rates author17 ized for employees of agencies under section 5703 of title

18 5, United States Code, while away from their homes or

19 regular places of business in the performance of services

20 for the Commission.

21 ‘‘(h) COMMISSION PERSONNEL MATTERS.—

22 ‘‘(1) IN GENERAL.—The Secretary, in accord23 ance with rules established by the Commission, may

24 select and appoint a staff director and other per-
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1 sonnel necessary to enable the Commission to carry

2 out its duties.

3 ‘‘(2) COMPENSATION OF PERSONNEL.—The

4 Secretary, in accordance with rules established by

5 the Commission, may set the amount of compensa6 tion to be paid to the staff director and any other

7 personnel that serve the Commission.

8 ‘‘(3) DETAIL OF GOVERNMENT EMPLOYEES.—

9 Any Federal Government employee may be detailed

10 to the Commission without reimbursement, and the

11 detail shall be without interruption or loss of civil

12 service status or privilege.

13 ‘‘(4) CONSULTANT SERVICES.—The Chair14 person of the Commission is authorized to procure

15 the temporary and intermittent services of experts

16 and consultants in accordance with section 3109 of

17 title 5, United States Code, at rates not to exceed

18 the daily equivalent of the annual rate of basic pay

19 prescribed for level IV of the Executive Schedule

20 under section 5315 of such title.

21 ‘‘(i) REPORT.—

22 ‘‘(1) IN GENERAL.—Not later than 3 years

23 after the date of enactment of the Youth Drug and

24 Mental Health Services Act, the Secretary shall pre25 pare and submit, to the Committee on Health, Edu-
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1 cation, Labor, and Pensions of the Senate, a report

2 that shall—

3 ‘‘(A) detail the health problems faced by

4 Indians and Native Alaskans who reside on res5 ervations;

6 ‘‘(B) examine and explain the causes of

7 such problems;

8 ‘‘(C) describe the health care services

9 available to Indians and Native Alaskans who

10 reside on reservations and the adequacy of such

11 services;

12 ‘‘(D) identify the reasons for the provision

13 of inadequate health care services for Indians

14 and Native Alaskans who reside on reserva15 tions, including the availability of resources;

16 ‘‘(E) develop measures for tracking the

17 health status of Indians and Native Americans

18 who reside on reservations; and

19 ‘‘(F) make recommendations for improve20 ments in the health care services provided for

21 Indians and Native Alaskans who reside on res22 ervations, including recommendations for legis23 lative change.

24 ‘‘(2) EXCEPTION.—In addition to the report re25 quired under paragraph (1), not later than 2 years
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•HR 4867 IH

1 after the date of enactment of the Youth Drug and

2 Mental Health Services Act, the Secretary shall pre3 pare and submit, to the Committee on Health, Edu4 cation, Labor, and Pensions of the Senate, a report

5 that describes any alcohol and drug abuse among In6 dians and Native Alaskans who reside on reserva7 tions.

8 ‘‘(j) PERMANENT COMMISSION.—Section 14 of the

9 Federal Advisory Committee Act (5 U.S.C. App.) shall not

10 apply to the Commission.

11 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There

12 is authorized to be appropriated to carry out this section

13 $5,000,000 for fiscal year 2001, and such sums as may

14 be necessary for each of the fiscal years 2002 and

15 2003.’’.3

16 TITLE III—MENTAL HEALTH

17 SERVICES

18 SEC. 301. COMMUNITY MENTAL HEALTH SERVICES PER19 FORMANCE PARTNERSHIP BLOCK GRANT.

20 (a) CRITERIA FOR PLAN.—Section 1912(b) of the

21 Public Health Service Act (42 U.S.C. 300x–2(b)) is

22 amended by striking paragraphs (1) through (12) and in23 serting the following:

24 ‘‘(1) COMPREHENSIVE COMMUNITY-BASED MEN25 TAL HEALTH SYSTEMS.—The plan provides for an
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1 organized community-based system of care and de2 scribes available services and resources in a com3 prehensive system of care. Description of the system

4 of care includes health and mental health services,

5 rehabilitation services, employment services, housing

6 services, educational services, medical and dental

7 care, and other support services to be provided to

8 such individuals with Federal, State and local public

9 and private resources to enable such individuals to

10 function outside of inpatient or residential institu11 tions to the maximum extent of their capabilities, in12 cluding services to be provided by local school sys13 tems under the Americans with Disabilities Edu14 cation Act. The plan includes a separate description

15 of case management services and provides for activi16 ties leading to reduction of hospitalization.

17 ‘‘(2) MENTAL HEALTH SYSTEM DATA AND EPI18 DEMIOLOGY.—The plan contains an estimate of the

19 incidence and prevalence in the State of serious

20 mental illness among adults and serious emotional

21 disturbance among children and presents quan22 titative targets to be achieved in the implementation

23 of the system described in paragraph (1).
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•HR 4867 IH

1 ‘‘(3) CHILDREN’S SERVICES.—In the case of

2 children with serious emotional disturbance, the

3 plan—

4 ‘‘(A) subject to subparagraph (B) provides

5 for a system of integrated social services, edu6 cational services, juvenile services, and sub7 stance abuse services that, together with health

8 and mental health services, will be provided in

9 order for such children to receive care appro10 priate for their multiple needs (which system

11 includes services provided under the Individuals

12 with Disabilities Education Act);

13 ‘‘(B) provides that the grant under section

14 1911 for the fiscal year involved will not be ex15 pended to provide any service of such system

16 other than comprehensive community mental

17 health services; and

18 ‘‘(C) provides for the establishment of a

19 defined geographic area for the provision of the

20 services of such system.

21 ‘‘(4) TARGETED SERVICES TO RURAL AND

22 HOMELESS POPULATIONS.—The plan describes the

23 State’s outreach to and services for such individuals

24 who are homeless and how community-based services
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1 will be provided to individuals residing in rural

2 areas.

3 ‘‘(5) MANAGEMENT SYSTEMS.—The plan de4 scribes the financial resources, staffing and training

5 for mental health providers necessary to implement

6 the plan, and provides for training of providers of

7 emergency health services regarding mental health.

8 The plan further describes the manner in which the

9 State intends to expend the grant under section

10 1911 for the fiscal year involved. The State shall

11 discuss in its plan each of these criteria for both

12 adults with serious mental illness and children with

13 serious emotional disturbance except for the criteria

14 in paragraph (3) which focuses only on children with

15 serious emotional disturbance.’’.

16 (b) REVIEW OF PLANNING COUNCIL OF STATE’S RE17 PORT.—Section 1915(a) of the Public Health Service Act

18 (42 U.S.C. 300x–4(a)) is amended—

19 (1) in paragraph (1) by inserting ‘‘and the re20 port of the State under section 1942(a) concerning

21 the preceding fiscal year’’ after ‘‘to the grant’’; and

22 (2) in paragraph (2) by inserting ‘‘and their

23 comments on the annual report.’’ after ‘‘rec24 ommended modifications’’.
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1 (c) MAINTENANCE OF EFFORT.—Section 1915(b) of

2 the Public Health Service Act (42 U.S.C. 300x–4(b)) is

3 amended—

4 (1) by redesignating paragraphs (2) and (3) as

5 paragraphs (3) and (4), respectively; and

6 (2) by inserting after paragraph (1), the fol7 lowing:

8 ‘‘(2) EXCLUSION OF CERTAIN FUNDS.—The

9 Secretary may exclude from the aggregate State ex10 penditures under subsection (a), funds appropriated

11 to the principle agency for authorized activities

12 which are of a non recurring nature and for a spe13 cific purpose.’’.

14 (d) APPLICATION FOR GRANTS.—Section 1917(a)(1)

15 of the Public Health Service Act (42 U.S.C. 300x–6(a)(1))

16 is amended to read as follows:

17 ‘‘(1) the plan is received by the Secretary not

18 later than September l of the fiscal year prior to the

19 fiscal year for which a State is seeking funds, and

20 the report from the previous fiscal year as required

21 under section 1941 is received by December 1 of the

22 fiscal year of the grant;’’.

23 (e) WAIVERS FOR TERRITORIES.—Section 1917(b) of

24 the Public Health Service Act (42 U.S.C. 300x–6(b)) is

25 amended by striking ‘‘whose allotment under section 1911
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1 for the fiscal year is the amount specified in section 1918

2 (c)(2)(B)’’ and inserting in its place ‘‘except Puerto Rico’’.

3 (f) DETERMINATION OF ALLOTMENT.—Section

4 1918(b) of the Public Health’ Service Act (42 U.S.C.

5 300x–7(b)) is amended to read as follows:

6 ‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—With re7 spect to fiscal year 2001 and subsequent fiscal years, the

8 amount of the allotment of a State under section 1911

9 shall not be less than the amount the State received under

10 such section for fiscal year 1998.’’.

11 (g) AUTHORIZATION OF APPROPRIATIONS.—Section

12 1920(a) of the Public Health Service Act (42 U.S.C.

13 300x–9(a)) is amended by striking ‘‘$450,000,000’’ and

14 all that follows and inserting the following: ‘‘$450,000,000

15 for fiscal year 2001, and such sums as may be necessary

16 for each of the fiscal years 2002 and 2003.’’.

17 SEC. 302. PRIORITY MENTAL HEALTH NEEDS OF REGIONAL

18 AND NATIONAL SIGNIFICANCE.

19 (a) MENTAL HEALTH SERVICES.—Section 520A of

20 the Public Health Service Act (42 U.S.C. 290bb–32) is

21 amended to read as follows:

22 ‘‘SEC. 520A. PRIORITY MENTAL HEALTH NEEDS OF RE23 GIONAL AND NATIONAL SIGNIFICANCE.

24 ‘‘(a) PROJECTS.—In order to address priority sub25 stance abuse mental health needs of regional and national
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1 significance, the Secretary shall, directly or through

2 awards of grants, cooperative agreements, or contracts,

3 provide for—

4 ‘‘(1) knowledge development and application

5 projects for prevention, treatment, and rehabilita6 tion; and the conduct or support of evaluations of

7 such projects;

8 ‘‘(2) training; and

9 ‘‘(3) targeted capacity response.

10 The Secretary may make such awards to States, political

11 subdivisions of States, Indian tribes and tribal organiza12 tions, and other public or nonprofit private entities.

13 ‘‘(b) PRIORITY MENTAL HEALTH NEEDS.—For pur14 poses of subsection (a), priority mental health needs of

15 regional and national significance shall be determined by

16 the Secretary after consultation with States and other in17 terested groups. The Secretary shall meet at least once

18 a year with States and other interested parties to deter19 mine the agenda for these projects.

20 ‘‘(c) REQUIREMENTS.—

21 (1) IN GENERAL.—Recipients of grants, cooper22 ative agreements, and contracts under this section

23 shall comply with information and application re24 quirements determined appropriate by the Secretary.
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1 ‘‘(2) DURATION OF AWARD.—With respect to

2 an award under subsection (a), the period during

3 which payments under such award are made to the

4 recipient may not exceed 5 years. The preceding sen5 tence may not be construed as establishing a limita6 tion on the number of awards under such subsection

7 that may be made to the recipient.

8 ‘‘(3) MATCHING FUNDS.—

9 ‘‘(A) AUTHORITY OF SECRETARY.—The

10 Secretary may, as a condition of making awards

11 under subsection (a), require that recipients of

12 such awards make available (directly or through

13 donations from public or private entities) non14 Federal contributions toward the costs of the

15 projects to be carried out by the recipients pur16 suant to such subsection. The amount of any

17 such required contributions shall be the amount

18 determined by the Secretary to be appropriate

19 to ensure the institutional commitment of the

20 recipients to such projects.

21 ‘‘(B) DETERMINATION OF AMOUNT CON22 TRIBUTED.—Non-Federal contributions under

23 subparagraph (A) may be in cash or in kind,

24 fairly evaluated, including plant, equipment, or

25 services. Amounts provided by the Federal Gov-
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1 ernment, or services assisted or subsidized to

2 any significant extent by the Federal Govern3 ment, may not be included in determining the

4 amount of such contributions.

5 ‘‘(4) MAINTENANCE OF EFFORT.—With respect

6 to activities for which an award under subsection (a)

7 is authorized to be expended, the Secretary, as a

8 condition of making such an award for a fiscal year,

9 may require, for specific projects, that the recipient

10 agree to maintain expenditures of non-Federal

11 amounts for such activities at a level that is not less

12 than the level of such expenditures maintained by

13 the recipient for the fiscal year preceding the fiscal

14 year for which the recipient receives the award.

15 ‘‘(d) EVALUATION.—The Secretary shall evaluate

16 each project carried out under section (a)(1)(B) and shall

17 disseminate the findings with respect to each such evalua18 tion to appropriate public and private entities.

19 ‘‘(e) INFORMATION AND EDUCATION.—The Secretary

20 shall establish comprehensive information and education

21 programs to disseminate and apply the findings of the

22 knowledge development and application and training pro23 grams under this section to the general public and to in24 terested groups.
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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purpose of carrying out this section, there are authorized

3 to be appropriated $300,000,000 for fiscal year 2001, and

4 such sums as may be necessary for each of the fiscal years

5 2002 and 2003.’’.

6 (b) CONFORMING AMENDMENTS.—The following pro7 visions of law are repealed:

8 (1) Section 612 of the Stewart B. McKinney

9 Act.

10 (2) Section 303 of the Public Health Service

11 Act (42 U.S.C. 242a).

12 SEC. 303. CHILDREN AND VIOLENCE.

13 Section 520B of the Public Health Service Act (42

14 U.S.C. 290bb–33) is amended to read as follows:

15 ‘‘SEC. 520B. CHILDREN AND VIOLENCE.

16 ‘‘(a) IN GENERAL.—The Secretary, in consultation

17 with the Secretary of Education and the Attorney General,

18 shall make awards of grants, cooperative agreements, or

19 contracts to public entities to carry out a program to as20 sist local communities in developing ways to help children

21 deal with violence.

22 ‘‘(b) TYPE PROJECTS.—Projects under subsection

23 (a) may include—
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•HR 4867 IH

1 ‘‘(1) financial support for local communities to

2 implement programs to foster the healthy develop3 ment of children;

4 ‘‘(2) provision of technical assistance to local

5 communities in how to develop such programs;

6 ‘‘(3) assisting local communities in developing

7 policies on how to address violence when and if it oc8 curs;

9 ‘‘(4) help facilitate the creation of community

10 partnerships among law enforcement, educations

11 systems and the mental health and substance abuse

12 service systems; and

13 ‘‘(5) establish mechanisms for children and ado14 lescents to report incidents of violence or plans by

15 other children or adolescents to commit violence.

16 ‘‘(c) REQUIREMENTS.—For an award under sub17 section (b)(1), applicants must be able to demonstrate

18 that—

19 ‘‘(1) under the award they will create a partner20 ship among law enforcement, the education system,

21 and the mental health and substance abuse systems

22 to address issues of violence in schools;

23 ‘‘(2) the program will provide a comprehensive

24 method for addressing violence that will include—

25 ‘‘(A) security;
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1 ‘‘(B) educational reform;

2 ‘‘(C) review and updating of school poli3 cies;

4 ‘‘(D) alcohol and drug abuse prevention

5 and early intervention services;

6 ‘‘(E) mental health prevention and treat7 ment services; and

8 ‘‘(F) early childhood development and psy9 chosocial services; and

10 ‘‘(3) funds under the award will only be spent

11 on services described in paragraphs (2)(D), (E) and

12 (F).

13 ‘‘(d) GEOGRAPHICAL DISTRIBUTION.—The Secretary

14 shall ensure that awards under subsection (a) are distrib15 uted equitably among the regions of the country and

16 among urban and rural areas.

17 ‘‘(e) DURATION OF AWARD.—With respect to an

18 award under subsection (a), the period during which pay19 ments under such award are made to the recipient may

20 not exceed 3 years. The preceding sentence may not be

21 construed as establishing a limitation on the number of

22 awards under such subsection that may be made to the

23 recipient.

24 ‘‘(f) EVALUATION.—The Secretary shall evaluate

25 each project under subsection (a) and shall disseminate
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1 the findings with respect to each such evaluation to appro2 priate public and private entities.

3 ‘‘(g) INFORMATION AND EDUCATION.—The Sec4 retary shall establish comprehensive information and edu5 cation programs to disseminate the findings of the knowl6 edge development and application under this section to the

7 general public and to health professionals.

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the

9 purpose of carrying out this section, there are authorized

10 to be appropriated $300,000,000 for fiscal year 2001, and

11 such sums as may be necessary for each of the fiscal years

12 2002 and 2003.’’.

13 SEC. 304. CENTERS FOR EXCELLENCE.

14 Title V of the Public Health Service Act (42 U.S.C.

15 290aa et seq.) is amended by inserting after section 520B

16 the following new section:

17 ‘‘SEC. 520C. CENTERS FOR EXCELLENCE.

18 ‘‘(a) IN GENERAL.—The Secretary shall make

19 awards of grants, cooperative agreements, or contracts to

20 public or nonprofit private entities for the purpose of es21 tablishing up to four centers for excellence to study adap22 tations of innovative clinical intervention and service deliv23 ery improvement strategies for the provision of com24 prehensive mental health services to children in need of

25 such services.
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1 ‘‘(b) PRIORITY.—In making awards under subsection

2 (a), the Secretary shall give priority to applicants that—

3 ‘‘(1) have proven experience in research at the

4 community level, as well as a demonstrated commit5 ment to carrying out their academic mission in the

6 community;

7 ‘‘(2) have graduate programs in education,

8 counseling, psychology, or a combination of those;

9 and

10 ‘‘(3) have the ability to work collaboratively

11 with other institutions and academic programs.

12 ‘‘(c) REQUIREMENT.—The Secretary shall ensure

13 that all centers receiving awards under subsection (a)

14 focus on disadvantaged socioeconomic groups with low

15 educational attainment and that at least one center fo16 cuses on the needs of remote, medically underserved rural

17 communities, one center focuses on the needs of urban

18 communities whose youth are at disproportionate risk for

19 incarceration, one center focuses on the needs of immi20 grant populations, and one center focuses on the needs

21 of American Indians.

22 ‘‘(d) USE OF FUNDS.—An entity which receives an

23 award under subsection (a) shall use funds made available

24 through the award—
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1 ‘‘(1) to study adaptations of innovative clinical

2 interventions and service delivery improvement strat3 egies for children with an emotional disturbance or

4 a substantive abuse problem or both and their fami5 lies in real world settings as to the accessibility of

6 services, the acceptability of services and outcomes

7 to children;

8 ‘‘(2) to identify communities which have an ex9 emplary comprehensive system of care for children

10 with an emotional disturbance or a substantive

11 abuse problem or both and to provide support for

12 them to act as peer to peer technical advisors to

13 communities attempting to start such a system of

14 care or wishing to improve their current system;

15 ‘‘(3) to provide technical assistance to States

16 and local communities who do not have a com17 prehensive system of care for children with an emo18 tional disturbance or a substantive abuse problem or

19 both and their families or who want to improve their

20 system;

21 ‘‘(4) to train community leaders, mental health

22 practitioners, families, and related child service pro23 viders;

24 ‘‘(5) to study the impact of expanding roles for

25 families of children with an emotional disturbance or
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1 a substantive abuse problem or both (leadership de2 velopment, service provision, systems evaluation, and

3 participating in the development of their own child

4 treatment plan; and

5 ‘‘(6) to compile an online database which would

6 provide the public direct access to information about

7 innovative clinical intervention and technical assist8 ance programs.

9 ‘‘(e) EVALUATION.—The Secretary shall evaluate

10 each project carried out under subsection (a) and shall dis11 seminate the findings with respect to each such evaluation

12 to appropriate public and private entities.

13 ‘‘(f) DURATION OF GRANTS.—With respect to an

14 award under subsection (a), the period during which pay15 ments under such award are made to the recipient may

16 not exceed 3 years.

17 ‘‘(g) REPORT.—Not later than 3 years after the date

18 of enactment of this section and annually thereafter, the

19 Secretary shall prepare and submit to the Committee on

20 Health, Education, Labor, and Pensions of the Senate,

21 and the Committee on Commerce of the House of Rep22 resentatives, a report that describes the services provided

23 pursuant to this section.

24 ‘‘(h) DEFINITION.—For purposes of this section, the

25 term ‘disadvantaged socioeconomic group’ means any com-
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1 munity in which the median family income is less than

2 200 percent of the official poverty line (as established by

3 the Director of the Office of Management and Budget and

4 revised by the Secretary in accordance with section 673(2)

5 of the Omnibus Budget Reconciliation Act of 1981).

6 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the

7 purpose of carrying out this section, there are authorized

8 to be appropriated $4,000,000 for fiscal year 2001, and

9 such sums as may be necessary for each of the fiscal years

10 2002 and 2003.’’.

11 SEC. 305. GRANTS TO ADDRESS THE PROBLEMS OF PER12 SONS WHO EXPERIENCE VIOLENCE RELATED

13 STRESS.

14 Title V of the Public Health Service Act (42 U.S.C.

15 290aa et seq.), as amended by section 304 of this Act,

16 is amended by adding the following section:

17 ‘‘SEC. 520D. GRANTS TO ADDRESS THE PROBLEMS OF PER18 SONS WHO EXPERIENCE VIOLENCE RELATED

19 STRESS.

20 ‘‘(a) IN GENERAL.—The Secretary shall make

21 awards of grants, cooperative agreements, or contracts to

22 public and nonprofit private entities, including Indian

23 tribes and tribal organizations, for the purpose of estab24 lishing national and regional centers of excellence on psy25 chological trauma response and for developing knowledge
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1 with regard to evidence-based practices for treating psy2 chiatric disorders resulting from witnessing or experi3 encing such stress.

4 ‘‘(b) PRIORITIES.—In making awards under sub5 section (a) that are related to the development of knowl6 edge on evidence-based practices for treating disorders as7 sociated with psychological trauma, the Secretary shall

8 give priority to programs that work with children, adoles9 cents, adults, and families who are survivors and witnesses

10 of domestic, school and community violence and terrorism.

11 ‘‘(c) GEOGRAPHICAL DISTRIBUTION.—The Secretary

12 shall ensure that awards under subsection (a) with respect

13 to centers of excellence are distributed equitably among

14 the regions of the country and among urban and rural

15 areas.

16 ‘‘(d) EVALUATION.—The Secretary, as part of the

17 application process, shall require that each applicant for

18 an award under subsection (a) submit a plan for the rig19 orous evaluation of the activities carried out with the

20 award, including both process and outcomes evaluation,

21 and the submission of an evaluation at the end of the

22 project period.

23 ‘‘(e) DURATION OF AWARDS.—With respect to an

24 award under subsection (a), the period during which pay25 ments under such an award are made to the recipient may
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1 not exceed 5 years. The preceding sentence may not be

2 construed as establishing a limitation on the number of

3 awards under such subsection that may be made to the

4 recipient.

5 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

6 purpose of carrying out this section, there are authorized

7 to be appropriated $50,000,000 for fiscal year 2001, and

8 such sums as may be necessary for each of fiscal years

9 2002 and 2003.’’.

10 SEC. 306. COMPREHENSIVE MENTAL HEALTH SERVICES

11 FOR CHILDREN WITH SERIOUS EMOTIONAL

12 DISTURBANCE.

13 (a) MATCHING FUNDS.—Section 561(c)(1)(D) of the

14 Public Health Service Act (42 U.S.C. 290ff(c)(1)(D)) is

15 amended by striking ‘‘fifth’’ and inserting ‘‘fifth and

16 sixth’’.

17 (b) FLEXIBILITY FOR INDIAN TRIBES AND TERRI18 TORIES.—Section 562 of the Public Health Service Act

19 (42 U.S.C. 290ff–1) is amended by adding at the end the

20 following:

21 ‘‘(g) WAIVERS.—The Secretary may waive 1 or more

22 of the requirements of subsection (c) for a public entity

23 that is an Indian tribe or tribal organization, or American

24 Samoa, Guam, the Marshall Islands, the Federated States

25 of Micronesia, the Commonwealth of the Northern Mar-
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1 iana Islands, the Republic of Palau, or the United States

2 Virgin Islands if the Secretary determines, after peer re3 view, that the system of care is family-centered and uses

4 the least restrictive environment that is clinically appro5 priate.’’.

6 (c) DURATION OF GRANTS.—Section 565(a) of the

7 Public Health Service Act (42 U.S.C. 290ff–4(a)) is

8 amended by striking ‘‘5 fiscal’’ and inserting ‘‘6 fiscal’’.

9 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

10 565(f)(1) of the Public Health Service Act (42 U.S.C.

11 290ff–4(f)(1)) is amended by striking ‘‘1993’’ and all that

12 follows and inserting ‘‘2001, and such sums as may be

13 necessary for each of the fiscal years 2002 and 2003.’’.

14 (e) CURRENT GRANTEES.—

15 (1) IN GENERAL.—Entities with active grants

16 under section 561 of the Public Health Service Act

17 (42 U.S.C. 290ff) on the date of enactment of this

18 Act shall be eligible to receive a sixth year of fund19 ing under the grant in an amount not to exceed the

20 amount that such grantee received in the fifth year

21 of funding under such grant. Such sixth year may

22 be funded without requiring peer and Advisory

23 Council review as required under section 504 of such

24 Act (42 U.S.C. 290aa–3).
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1 (2) LIMITATION.—Paragraph (1) shall apply

2 with respect to a grantee only if the grantee agrees

3 to comply with the provisions of section 561 as

4 amended by subsection (a).

5 SEC. 307. PROJECTS FOR ASSISTANCE IN TRANSITION

6 FROM HOMELESSNESS.

7 (a) WAIVERS FOR TERRITORIES.—Section 522 of the

8 Public Health Service Act (42 U.S.C. 290cc–22) is amend9 ed by adding at the end the following subsection—

10 ‘‘(i) WAIVER FOR TERRITORIES.—The Secretary may

11 waive such provisions of this Subpart as the Secretary de12 termines to be appropriate for the United States Virgin

13 Islands, Guam, Palau, American Samoa, the Marshall Is14 lands, and the Commonwealth of the Northern Mariana

15 Islands.’’.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

17 535(a) of the Public Health Service Act (42 U.S.C.

18 290cc–35(a)) is amended by striking ‘‘1991 through

19 1994’’ and inserting ‘‘2001 through 2003’’.

20 (c) GRANTS FOR THE BENEFIT OF HOMELESS INDI21 VIDUALS.—Part C of title V of the Public Health Service

22 Act (42 U.S.C. 290cc–21 et seq) is amended by adding

23 at the end the following new section:
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1 ‘‘SEC. 536. TREATMENT AND RECOVERY INITIATIVE FOR

2 PERSONS EXPERIENCING HOMELESSNESS.

3 ‘‘(a) IN GENERAL.—The Secretary shall make

4 awards of grants, cooperative agreements, or contracts to

5 community-based public and nonprofit private entities for

6 the purposes of providing mental health and substance

7 abuse services for homeless individuals. In carrying out

8 this section, the Secretary shall consult with the Inter9 agency Council on the Homeless, established under section

10 201 of the Stewart B. McKinney Homeless Assistance Act

11 (42 U.S.C. 11311).

12 ‘‘(b) PREFERENCES.—In making awards under sub13 section (a), the Secretary shall give preference to—

14 ‘‘(1) entities that provide integrated primary

15 health, substance abuse, and mental health services

16 to homeless individuals;

17 ‘‘(2) entities that demonstrate effectiveness in

18 serving runaway, homeless, and street youth;

19 ‘‘(3) entities that have experience in providing

20 substance abuse and mental health services to home21 less individuals;

22 ‘‘(4) entities that demonstrate experience in

23 providing housing for individuals in treatment for or

24 in recovery from mental illness or substance abuse;

25 and
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1 ‘‘(5) entities that demonstrate effectiveness in

2 serving homeless veterans.

3 ‘‘(c) SERVICES FOR CERTAIN INDIVIDUALS.—In

4 making awards under subsection (a), the Secretary shall

5 not—

6 ‘‘(1) prohibit the provision of services under

7 such subsection to homeless individuals who are suf8 fering from a substance abuse disorder and are not

9 suffering from a mental health disorder; and

10 ‘‘(2) make payments under subsection (a) to

11 any entity that has a policy of—

12 ‘‘(A) excluding individuals from mental

13 health services due to the existence or suspicion

14 of substance abuse; or

15 ‘‘(B) has a policy of excluding individuals

16 from substance abuse services due to the exist17 ence or suspicion of mental illness.

18 ‘‘(d) DURATION OF GRANTS.—With respect to an

19 award under subsection (a), the period during which pay20 ments under such award are made to the recipient may

21 not exceed 5 years. The preceding sentence may not be

22 construed as establishing a limitation on the number of

23 awards under such subsection that may be made to the

24 recipient.
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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purpose of carrying out this section, there are authorized

3 to be appropriated $100,000,000 for each of the fiscal

4 years 2001 and 2002, and such sums as may be necessary

5 for fiscal year 2003.’’.

6 SEC. 308. PROTECTION AND ADVOCACY FOR MENTALLY ILL

7 INDIVIDUALS ACT OF 1986.

8 (a) SHORT TITLE.—The first section of the Protec9 tion and Advocacy for Mentally Ill Individuals Act of 1986

10 (Public Law 99–319) is amended to read as follows:

11 ‘‘SECTION 1. SHORT TITLE.

12 ‘‘This Act may be cited as the ‘Protection and Advo13 cacy for Individuals with Mental Illness Act’.’’.

14 (b) DEFINITIONS.—Section 102 of the Protection

15 and Advocacy for Individuals with Mental Illness Act (as

16 amended by subsection (a)) (42 U.S.C. 10802) is

17 amended—

18 (1) in paragraph (4)—

19 (A) in the matter preceding subparagraph

20 (A), by inserting ‘‘, except as provided in sec21 tion 104(d),’’ after ‘‘means’’;

22 (B) in subparagraph (B)—

23 (i) by striking ‘‘(i) who’’ and inserting

24 ‘‘(i)(I) who’’;
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1 (ii) by redesignating clauses (ii) and

2 (iii) as subclauses (II) and (III);

3 (iii) in subclause (III) (as so redesig4 nated), by striking the period and inserting

5 ‘‘; or’’; and

6 (iv) by adding at the end the fol7 lowing:

8 ‘‘(ii) who satisfies the requirements of

9 subparagraph (A) and lives in a commu10 nity setting, including their own home.’’;

11 and

12 (2) by adding at the end the following:

13 ‘‘(8) The term ‘American Indian consortium’

14 means a consortium established under part C of the

15 Developmental Disabilities Assistance and Bill of

16 Rights Act (42 U.S.C. 6042 et seq.).’’.

17 (c) USE OF ALLOTMENTS.—Section 104 of the Pro18 tection and Advocacy for Individuals with Mental Illness

19 Act (as amended by subsection (a)) (42 U.S.C. 10804)

20 is amended by adding at the end the following:

21 ‘‘(d) The definition of ‘individual with a mental ill22 ness’ contained in section 102(4)(B)(iii) shall apply, and

23 thus an eligible system may use its allotment under this

24 title to provide representation to such individuals, only if

25 the total allotment under this title for any fiscal year is
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1 $30,000,000 or more, and in such case, an eligible system

2 must give priority to representing persons with mental ill3 ness as defined in subparagraphs (A) and (B)(i) of section

4 102(4).’’.

5 (d) SECLUSION AND RESTRAINT.—Section 105(a)(1)

6 of the Protection and Advocacy for Mentally Ill Individuals

7 Act of 1986 (42 U.S.C. 10805(a)(1)) is amended—

8 (1) in subparagraph (B), by striking ‘‘and’’ at

9 the end;

10 (2) in subparagraph (C), by striking the semi11 colon at the end and inserting ‘‘; and’’; and

12 (3) by adding at the end the following:

13 ‘‘(D) investigate the death or serious in14 jury (any significant impairment of the physical

15 condition of the individual, including any burn,

16 laceration, internal injury, or any injury that

17 occurs as a result of repeated harm to any

18 organ) of an individual with a mental illness if

19 the death or serious injury occurred at a facility

20 to which this Act applies;’’.

21 (e) MINIMUM AMOUNT.—Paragraph (2) of section

22 112(a) of the Protection and Advocacy for Individuals

23 with Mental Illness Act (as amended by subsection (a))

24 (42 U.S.C. 10822(a)(2)) is amended to read as follows:
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1 ‘‘(2)(A) The minimum amount of the allotment

2 of an eligible system shall be the product (rounded

3 to the nearest $100) of the appropriate base amount

4 determined under subparagraph (B) and the factor

5 specified in subparagraph (C).

6 ‘‘(B) For purposes of subparagraph (A), the

7 appropriate base amount—

8 ‘‘(i) for American Samoa, Guam, the Mar9 shall Islands, the Federated States of Micro10 nesia, the Commonwealth of the Northern Mar11 iana Islands, the Republic of Palau, and the

12 Virgin Islands, is $139,300; and

13 ‘‘(ii) for any other State, is $260,000.

14 ‘‘(C) The factor specified in this subparagraph

15 is the ratio of the amount appropriated under sec16 tion 117 for the fiscal year for which the allotment

17 is being made to the amount appropriated under

18 such section for fiscal year 1995.

19 ‘‘(D) If the total amount appropriated for a fis20 cal year is at least $25,000,000, the Secretary shall

21 make an allotment in accordance with subparagraph

22 (A) to the eligible system serving the American In23 dian consortium.’’.

24 (f) TECHNICAL AMENDMENTS.—Section 112(a) of

25 the Protection and Advocacy for Individuals with Mental
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•HR 4867 IH

1 Illness Act (as amended by subsection (a)) (42 U.S.C.

2 10822(a)) is amended—

3 (1) in paragraph (1)(B), by striking ‘‘Trust

4 Territory of the Pacific Islands’’ and inserting

5 ‘‘Marshall Islands, the Federated States of Micro6 nesia, the Republic of Palau’’; and

7 (2) by striking paragraph (3).

8 (g) REAUTHORIZATION.—Section 117 of the Protec9 tion and Advocacy for Individuals with Mental Illness Act

10 (as amended by subsection (a)) (42 U.S.C. 10827) is

11 amended by striking ‘‘1995’’ and inserting ‘‘2003’’.

12 SEC. 309. WRAP AROUND SERVICES FOR YOUTH.

13 (a) GRANTS.—Title V of the Public Health Service

14 Act (42 U.S.C. 290aa et seq.), as amended by section 305

15 of this Act, is amended by inserting after section 520D

16 the following new section:

17 ‘‘SEC. 520E. WRAP AROUND SERVICES FOR YOUTH.

18 ‘‘(a) IN GENERAL.—The Secretary, in consultation

19 with the Administrator of the Office of Juvenile Justice

20 Programs, shall make grants to State or local juvenile jus21 tice agencies to enable such agencies to provide aftercare

22 services for youth offenders who have been discharged

23 from facilities in the juvenile or criminal justice system

24 and have serious emotional disturbances or are at risk of

25 developing such disturbances.
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1 ‘‘(b) USE OF FUNDS.—A State or local juvenile jus2 tice agency receiving a grant under subsection (a) shall

3 use the amounts provided under the grant—

4 ‘‘(1) to develop a plan describing the manner in

5 which the agency will provide services for each youth

6 offender who has a serious emotional disturbance

7 and has come in contact with the juvenile or crimi8 nal justice system;

9 ‘‘(2) to provide a network of core or aftercare

10 services or access to such services for each youth of11 fender, including diagnostic and evaluation services,

12 substance abuse treatment services, outpatient men13 tal health care services, medication management

14 services, intensive home-based therapy, intensive day

15 treatment services, respite care, and therapeutic fos16 ter care;

17 ‘‘(3) to establish a program that coordinates

18 with other State and local agencies providing rec19 reational, social, educational, vocational, or oper20 ational services for youth, to enable the agency re21 ceiving a grant under this section to provide commu22 nity-based system of care services for each youth of23 fender that addresses the special needs of the youth

24 and helps the youth access all of the aforementioned

25 services; and
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1 ‘‘(4) using not more than 20 percent of funds

2 received, to provide planning and transition services

3 as described in paragraph (3) for youth offenders

4 while such youth are incarcerated or detained.

5 ‘‘(c) APPLICATION.—A State or local juvenile justice

6 agency that desires a grant under subsection (a) shall sub7 mit an application to the Secretary at such time, in such

8 manner, and accompanied by such information as the Sec9 retary may reasonably require.

10 ‘‘(d) REPORT.—Not later than 3 years after the date

11 of enactment of this section and annually thereafter, the

12 Secretary shall submit to the Committee on Commerce in

13 the House of Representatives and the Committee on

14 Health, Education, Labor and Pensions in the Senate a

15 report describing the services provided pursuant to this

16 section.

17 ‘‘(e) DEFINITIONS.—In this section:

18 ‘‘(1) SERIOUS EMOTIONAL DISTURBANCE.—The

19 term ‘serious emotional disturbance’ with respect to

20 a youth offender means an offender who currently,

21 or at any time within the 1-year period ending on

22 the day on which services are sought under this sec23 tion, has a diagnosable mental, behavioral, or emo24 tional disorder that functionally impairs the offend25 er’s life by substantially limiting the offender’s role
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1 in family, school, or community activities, and inter2 fering with the offender’s ability to achieve or main3 tain 1 or more developmentally-appropriate social,

4 behavior, cognitive, communicative, or adaptive

5 skills.

6 ‘‘(2) COMMUNITY-BASED SYSTEM OF CARE.—

7 The term ‘community-based system of care’ means

8 the provision of services for the youth offender by

9 various State or local agencies that in an inter10 agency fashion or operating as a network addresses

11 the recreational, social, educational, vocational, men12 tal health, substance abuse, and operational needs of

13 the youth offender.

14 ‘‘(3) YOUTH OFFENDER.—The term ‘youth of15 fender’ means an individual who is 21 years of age

16 or younger who has been discharged from a State or

17 local juvenile or criminal justice system, except that

18 if the individual is between the ages of 18 and 21

19 years, such individual has had contact with the State

20 or local juvenile or criminal justice system prior to

21 attaining 18 years of age and is under the jurisdic22 tion of such a system at the time services are

23 sought.

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

25 purpose of carrying out this section, there are authorized
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1 to be appropriated $40,000,000 for fiscal year 2001, and

2 such sums as may be necessary for each of the fiscal years

3 2002 and 2003.’’.

4 (b) CENTERS FOR EXCELLENCE.—Title V of the

5 Public Health Service Act, as amended by subsection (a)

6 of this section, is amended by inserting after section 520E

7 the following new section:

8 ‘‘SEC. 520F. INTERAGENCY RESEARCH, TRAINING, AND

9 TECHNICAL ASSISTANCE CENTERS.

10 ‘‘(a) GRANTS OR CONTRACTS.—The Secretary, acting

11 through the Administration and in consultation with the

12 Juvenile Justice and Delinquency Prevention Office and

13 the Justice Assistance Bureau, shall make awards of

14 grants and contracts for the establishment of up to 4 re15 search, training, and technical assistance centers to carry

16 out the activities described in subsection (c).

17 ‘‘(b) ELIGIBILITY.—To be eligible to receive an award

18 under subsection (a), an entity shall—

19 ‘‘(1) be a public or nonprofit private entity; and

20 ‘‘(2) prepare and submit to the Secretary of

21 Health and Human Services an application, at such

22 time, in such manner, and containing such informa23 tion as the Secretary may require.

24 ‘‘(c) ACTIVITIES.—A center established under an

25 award under subsection (a) shall with respect to youth—
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1 ‘‘(1) provide training with respect to state-of2 the-art mental health and justice-related services

3 and successful mental health and substance abuse4 justice collaborations, to public policymakers, law en5 forcement administrators, public defenders, police,

6 probation officers, judges, parole officials, jail ad7 ministrators and mental health and substance abuse

8 providers and administrators;

9 ‘‘(2) engage in research and evaluations con10 cerning State and local justice and mental health

11 systems, including system redesign initiatives, and

12 disseminate information concerning the results of

13 such evaluations;

14 ‘‘(3) provide direct technical assistance, includ15 ing assistance provided through toll-free telephone

16 numbers, concerning issues such as how to accom17 modate individuals who are being processed through

18 the courts under the Americans with Disabilities Act

19 of 1990 (42 U.S.C. 12101 et seq.), what types of

20 mental health or substance abuse service approaches

21 are effective within the judicial system, and how

22 community-based mental health or substance abuse

23 services can be more effective, including relevant re24 gional, ethnic, and gender-related considerations;

25 and
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1 ‘‘(4) provide information, training, and tech2 nical assistance to State and local governmental offi3 cials to enhance the capacity of such officials to pro4 vide appropriate services relating to mental health or

5 substance abuse.

6 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the

7 purpose of carrying out this section, there are authorized

8 to be appropriated $4,000,000 for fiscal year 2001, and

9 such sums as may be necessary for each of the fiscal years

10 2002 and 2003.’’.

11 TITLE IV—PERFORMANCE

12 PARTNERSHIPS

13 SEC. 401. PERFORMANCE PARTNERSHIPS.

14 Section 1949 of the Public Health Service Act (42

15 U.S.C. 300x–59) is amended to read as follows:

16 ‘‘SEC. 1949. PLANS FOR PERFORMANCE PARTNERSHIPS.

17 ‘‘(a) DEVELOPMENT.—Not later than 2 years after

18 the date of the enactment of this section, the Secretary,

19 after consultation with the States and other interested

20 parties, including providers and consumers, shall submit

21 to the Committee on Commerce in the House of Rep22 resentatives and the Committee on Health, Education,

23 Labor and Pensions in the Senate a plan for the program

24 authorized under subpart II for creating more flexibility
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1 for States and accountability based on outcome and other

2 performance measures.

3 ‘‘(b) PLAN ELEMENTS.—The plan required under

4 subsection (a) shall include—

5 ‘‘(1) a description of the flexibility that would

6 be given to the States under the plan;

7 ‘‘(2) the common set of performance measures

8 that would be used for accountability on substance

9 abuse that would include measures that would be

10 used for pregnant addicts, HIV/AIDS, tuberculosis,

11 homelessness, and those with co-occurring substance

12 abuse and mental health disorders and on mental

13 health that would include children, homeless individ14 uals, and those with co-occurring substance abuse

15 and mental health disorders;

16 ‘‘(3) the definitions for the data elements to be

17 used under the plan;

18 ‘‘(4) the obstacles to implementation of the plan

19 and the manner in which such obstacles would be re20 solved;

21 ‘‘(5) the resources needed to implement the per22 formance partnerships under the plan; and

23 ‘‘(6) an implementation strategy complete with

24 recommendations for any necessary legislative

25 changes.
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1 ‘‘(c) INFORMATION.—As the elements of the plan

2 under subsection (a) are developed, States are encouraged

3 to provide performance measures information to the Sec4 retary on a voluntary basis.’’.

5 SEC. 402. DATA INFRASTRUCTURE.

6 (a) DATA INFRASTRUCTURE PROJECTS.—Part C of

7 title XIX of the Public Health Service Act (42 U.S.C.

8 300y) is amended as follows:

9 (1) Strike the title for part C and subpart I

10 and insert the following:

11 ‘‘PART C—CERTAIN PROGRAMS REGARDING MENTAL

12 HEALTH AND SUBSTANCE ABUSE

13 ‘‘Subpart I—Data Infrastructure Development’’.

14 (2) Amend section 1971 to read as follows:

15 ‘‘SEC. 1971. DATA INFRASTRUCTURE DEVELOPMENT.

16 ‘‘(a) IN GENERAL.—The Secretary may make awards

17 of grants, cooperative agreements, or contracts to States

18 for the purpose of developing and operating substance

19 abuse data collection, analysis, and reporting systems with

20 respect to performance measures, including capacity, proc21 ess and outcomes measures.’’

22 ‘‘(b) PROJECTS.—The Secretary shall establish cri23 teria to ensure that awards under subsection (a) are avail24 able both for States that have a fundamental basis for the

25 collection, analysis, and reporting of substance abuse per-
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1 formance measures and for States that do not. The Sec2 retary shall establish criteria for determining whether a

3 State has a fundamental basis for the collection, analysis

4 and reporting of data.

5 ‘‘(c) MATCHING REQUIREMENT.—

6 ‘‘(1) IN GENERAL.—With respect to the costs of

7 the program to be carried out under subsection (a)

8 by a State, the Secretary may make an award under

9 such subsection only if the applicant agrees to make

10 available (directly or through donations from public

11 or private entities) non-Federal contributions toward

12 such costs in an amount that is not less than 50

13 percent of such costs.

14 ‘‘(B) DETERMINATION OF AMOUNT CON15 TRIBUTED.—Non-Federal contributions under

16 paragraph (1) may be in cash or in kind, fairly

17 evaluated, including plant, equipment, or serv18 ices. Amounts provided by the Federal Govern19 ment, or services assisted or subsidized to any

20 significant extent by the Federal Government,

21 may not be included in determining the amount

22 of such contributions.

23 ‘‘(d) CONDITION OF RECEIPT OF FUNDS.—As a con24 dition of receipt of an award, a State must agree to collect,

25 analyze and report to the Secretary within two years on
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1 a core set of performance measures to be determined by

2 the Secretary in conjunction with the States.

3 ‘‘(e) DURATION OF AWARD.—With respect to an

4 award under subsection (a), the period during which pay5 ments under such award are made to the recipient may

6 not exceed 3 years. The preceding sentence may not be

7 construed as establishing a limitation on the number of

8 awards under such subsection that may be made to the

9 recipient.

10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

11 purpose of carrying out this section, there are authorized

12 to be appropriated such sums as may be necessary for

13 each of the fiscal years 2001 through 2003.’’.

14 (b) USE OF BLOCK GRANT FUNDS.—

15 (1) MENTAL HEALTH.—Section 1911 (b) of the

16 Public Health Service Act (42 U.S.C. 300x–l(b)) is

17 amended—

18 (A) in paragraph (2) by striking ‘‘and’’ at

19 the end;

20 (B) in paragraph (3 by striking ‘‘under the

21 plan.’’ and inserting ‘‘under the plan; and’’; and

22 (C) by adding at the end the following

23 paragraph:
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1 ‘‘(4) data infrastructure development for the

2 purposes of the collection and reporting of perform3 ance data.’’.

4 (2) SUBSTANCE ABUSE.—Section 1921(b) of

5 the Public Health Service Act (42 U.S.C. 300x–

6 21(b) is amended by striking ‘‘and for related activi7 ties authorized in section 1924.’’ and inserting in its

8 place ‘‘for related activities authorized in section

9 1924, and for data infrastructure development for

10 the purposes of collecting and reporting of perform11 ance data.’’

12 TITLE V—CROSS-CUTTING

13 ISSUES REGARDING MENTAL

14 HEALTH AND SUBSTANCE

15 ABUSE

16 Subtitle A—Co-Occurring Sub17 stance Abuse and Mental Health

18 Disorders

19 SEC. 501. TREATMENT FOR INDIVIDUALS WITH A CO-OC20 CURRING SUBSTANCE ABUSE AND MENTAL

21 HEALTH DISORDER.

22 Section 506 of the Public Health Service Act (42

23 U.S.C. 290aa–5) is amended to read as follows:
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1 ‘‘SEC. 506. COMPREHENSIVE SERVICES FOR INDIVIDUALS

2 WITH A CO-OCCURRING MENTAL HEALTH

3 AND SUBSTANCE ABUSE DISORDERS.

4 ‘‘(a) IN GENERAL.—The Secretary shall, directly or

5 through awards of grants, cooperative agreements, or con6 tracts to public and nonprofit private entities, provide for

7 comprehensive prevention and treatment services to indi8 viduals with or at risk for co-occurring substance abuse

9 and mental disorders.

10 ‘‘(b) NATURE OF THE PROJECTS.—

11 (1) FOCUS OF THE AWARDS.—Awards under

12 subsection (a) shall be made to—

13 ‘‘(A) projects for the prevention of sub14 stance abuse among individuals who have a di15 agnosed mental disorder and are at risk of sub16 stance abuse, especially youth; and

17 ‘‘(B) projects for the treatment of individ18 uals with co-occurring substance abuse and

19 mental disorders.

20 ‘‘(2) TYPES OF PROJECTS.—The Secretary may

21 make awards under subsection (a) for projects

22 that—

23 ‘‘(A) increase capacity and create systems

24 of care for such individuals;

25 ‘‘(B) develop innovative models for the pro26 vision of such services; and
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1 ‘‘(C) validate and replicate evidenced based

2 practices.

3 ‘‘(c) CULTURAL APPROPRIATENESS.—The Secretary

4 shall ensure that services supported under subsection (a)

5 are culturally appropriate for the individuals receiving

6 services.

7 ‘‘(d) EVALUATION.—The Secretary shall require a

8 rigorous evaluation of projects under subsection (a), in9 cluding both process and outcome evaluation, and the sub10 mission of the evaluation at the end of the project period.

11 ‘‘(e) DURATION OF PROJECTS.—With respect to an

12 award under subsection (a), the period during which pay13 ments under such award are made to the recipient may

14 not exceed 5 years. The preceding sentence may not be

15 construed as establishing a limitation on the number of

16 awards under such subsection that may be made to the

17 recipient.

18 ‘‘(f) MATCHING REQUIREMENT.—

19 ‘‘(1) AUTHORITY OF SECRETARY.—The Sec20 retary may, as a condition of making awards under

21 subsection (a), require that recipients of such

22 awards make available (directly or through dona23 tions from public or private entities) non-Federal

24 contributions toward the costs of the projects to be

25 carried out by the recipients pursuant to such sub-
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1 section. The amount of any such required contribu2 tions shall be the amount determined by the Sec3 retary to be appropriate to ensure the institutional

4 commitment of the recipients to such projects.

5 ‘‘(B) DETERMINATION OF AMOUNT CONTRIB6 UTED.—Non-Federal contributions under paragraph

7 (1) may be in cash or in kind, fairly evaluated, in8 cluding plant, equipment, or services. Amounts pro9 vided by the Federal Government, or services as10 sisted or subsidized to any significant extent by the

11 Federal Government, may not be included in deter12 mining the amount of such contributions.

13 ‘‘(g) COLLABORATION.—The Secretary shall ensure

14 that the Center for Mental Health Services, the Center

15 for Substance Abuse Prevention and the Center for Sub16 stance Abuse Treatment work collaboratively in the devel17 opment and implementation of this program.

18 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the

19 purpose of carrying out this section, there are authorized

20 to be appropriated $100,000,000 for fiscal year 2001, and

21 such sums as may be necessary for each of the fiscal years

22 2001 and 2002.’’.
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1 SEC. 502. SERVICES FOR INDIVIDUALS WITH CO-OCCUR2 RING DISORDERS.

3 Subpart III of part B of title XIX of the Public

4 Health Service Act (42 U.S.C. 300x–51 et seq.) is amend5 ed by inserting after section 1953 the following section:

6 ‘‘SEC. 1953A. SERVICES FOR INDIVIDUALS WITH CO-OCCUR7 RING MENTAL HEALTH AND SUBSTANCE

8 ABUSE DISORDERS.

9 ‘‘States may use funds available for treatment under

10 sections 1911 and 1921 to treat persons with co-occurring

11 substance abuse and mental disorders as long as funds

12 available under such sections are used for the purposes

13 for which they were authorized by law and can be tracked

14 for accounting purposes.’’.

15 SEC. 503. REPORT ON INDIVIDUALS WITH CO-OCCURRING

16 SUBSTANCE ABUSE AND MENTAL HEALTH

17 DISORDERS.

18 (a) IN GENERAL.—Not later than 2 years after the

19 effective date of this section, the Secretary of Health and

20 Human Services (referred to in this section as the ‘‘Sec21 retary’’) shall submit to the Committee on Commerce in

22 the House of Representatives and the Committee on

23 Health, Education, Labor, and Pensions in the Senate a

24 report on prevention and treatment services for those with

25 co-occurring substance abuse and mental health disorders
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1 which includes at least the information required in sub2 section (b).

3 (b) REPORT CONTENT.—The report under subsection

4 (a) shall include—

5 (1) a description of the current state of the

6 problem, including the most recent information

7 available regarding the number of children and

8 adults with co-occurring disorders;

9 (2) a description of what services are being pro10 vided to individuals with co-occurring disorders and

11 how funds under section 1911 and 1921 of this Act

12 are being used to provide these services;

13 (3) a summary of improvements necessary to

14 ensure that individuals with co-occurring disorders

15 receive the services they need;

16 (4) a summary of promising and evidence-based

17 practices for preventing substance abuse among

18 those with a diagnosed mental disorder and at risk

19 of substance abuse and for treating those with co20 occurring substance abuse and mental disorders; and

21 (5) recommendations to the committees of juris22 diction on legislation needed to foster such practices.

23 (c) PARTICIPATION.—The Secretary shall develop the

24 report under subsection (a) after consultation with organi25 zations representing States, as well as providers of mental
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1 health and substance abuse treatment, prevention special2 ists, consumers, and families of consumers of substance

3 abuse and mental health services.

4 (d) DATA COLLECTION.—In developing the report

5 under subsection (a), the Secretary shall depend on data

6 collected through existing Federal and State surveys and

7 shall encourage the States to provide the data to the Sec8 retary.

9 (e) AUTHORIZATION OF APPROPRIATION.—For the

10 purpose of carrying out this section, there are authorized

11 to be appropriated $1,000,000 for fiscal year 2001, and

12 such sums as may be necessary for each of the fiscal years

13 2002 and 2003.

14 Subtitle B—Prevention of Sexual

15 Abuse

16 SEC. 511. PREVENTION OF SEXUAL ABUSE.

17 Part A of title V of the Public Health Service Act

18 (42 U.S.C. 290aa et seq.) is amended by inserting after

19 section 506 the following section:

20 ‘‘SEC. 506A. PREVENTION OF SEXUAL ABUSE.

21 ‘‘(a) IN GENERAL.—The Secretary shall make

22 awards of grants, contracts, or cooperative agreements to

23 nonprofit private entities for the purposes of providing

24 services to runaway and homeless and street youth who
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1 have been subjected to, or are at risk of being subjected

2 to, sexual abuse, prostitution or sexual exploitation.

3 ‘‘(b) PRIORITIES.—In making awards under sub4 section (a), the Secretary shall give priority to nonprofit

5 private entities that—

6 ‘‘(1) have experience in providing services to

7 runaway and homeless and street youth;

8 ‘‘(2) will provide outreach services to identify

9 youth in need of services;

10 ‘‘(3) will provide services both at a drop in cen11 ter and in the home; and

12 ‘‘(4) will coordinate services with existing sys13 tems that provide primary health care, substance

14 abuse services, mental health services, educational

15 services, social services, housing assistance, child

16 welfare, and other service systems within the com17 munity.

18 ‘‘(c) USE OF FUNDS.—An entity that receives an

19 award under subsection (a) shall use the funds for

20 providing—

21 ‘‘(1) drug abuse education and prevention serv22 ices to prevent or reduce the illicit use of drugs by

23 runaway and homeless and street youth;

24 ‘‘(2) intensive individual and family counseling

25 services;
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1 ‘‘(3) outreach services to identify runaway and

2 homeless and street youth in need of services;

3 ‘‘(4) crisis intervention and counseling;

4 ‘‘(5) housing assistance and referral for transi5 tional housing;

6 ‘‘(6) services which educate the youth on

7 human immunodeficiency virus, hepatitis C, tuber8 culosis, and sexually transmitted diseases and refer

9 for testing and services for such diseases;

10 ‘‘(7) referral for primary health care services;

11 ‘‘(8) training for professionals involved in pro12 viding services to runaway and homeless and street

13 youth; and

14 ‘‘(9) training related to life skills and parenting.

15 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—In making

16 awards under subsection (a) the Secretary shall ensure

17 that awards are made to entities that will serve both a

18 rural and urban population.

19 ‘‘(e) EVALUATION.—The Secretary shall evaluate

20 each project carried out under subsection (a) and shall dis21 seminate the findings with respect to each such evaluation

22 to appropriate public and private entities.

23 ‘‘(f) DURATION OF AWARD.—With respect to an

24 award under subsection (a), the period during which pay25 ments under such award are made to the recipient may
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1 not exceed 3 years. The preceding sentence may not be

2 construed as establishing a limitation on the number of

3 awards under such subsection that may be made to the

4 recipient.

5 ‘‘(g) DEFINITIONS.—For purposes of this section:

6 ‘‘(1) The term ‘homeless youth’ means an

7 individual—

8 ‘‘(A) who is—

9 ‘‘(i) not more than 21 years of age;

10 and

11 ‘‘(ii) not less than 16 years of age;

12 ‘‘(B) for whom it is not possible to live in

13 a safe environment with a relative; and

14 ‘‘(C) who has no other safe alternative liv15 ing arrangement.

16 ‘‘(2) The term ‘street youth’ means an indi17 vidual who—

18 ‘‘(A) is—

19 ‘‘(i) a runaway youth; or

20 ‘‘(ii) indefinitely or intermittently a

21 homeless youth; and

22 ‘‘(B) spends a significant amount of time

23 on the street or in other areas that increase the

24 risk of such youth for sexual abuse, sexual ex25 ploitation, prostitution, or drug abuse.
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1 ‘‘(3) The term ‘youth at risk of separation from

2 the family’ means an individual—

3 ‘‘(A) who is less than 18 years of age; and

4 ‘‘(B)(i) who has a history of running away

5 from the family of such individual;

6 ‘‘(ii) whose parent, guardian, or custodian

7 is not willing to provide for the basic needs of

8 such individual; or

9 ‘‘(iii) who is at risk of entering the child

10 welfare system or juvenile justice system as a

11 result of the lack of services available to the

12 family to meet such needs.

13 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the

14 purpose of carrying out this section, there are authorized

15 to be appropriated $20,000,000 for fiscal year 2001, and

16 such sums as may be necessary for each of fiscal years

17 2002 and 2003.’’.

18 TITLE VI—GENERAL

19 PROVISIONS

20 SEC. 601. CONFIDENTIALITY AND EMERGENCY RESPONSE.

21 Section 501 of the Public Health Service Act (42

22 U.S.C. 290aa) is amended by—

23 (1) redesignating subsection (m) as subsection

24 (a);

25 (2) by adding the following 2 new subsections:
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1 ‘‘(m) LIMITATION ON THE USE OF CERTAIN INFOR2 MATION.—No information, if an establishment or person

3 supplying the information or described in it is identifiable,

4 obtained in the course of activities undertaken or sup5 ported under section 505 may be used for any purpose

6 other than the purpose for which it was supplied unless

7 such establishment or person has consented (as deter8 mined under regulations of the Secretary) to its use for

9 such other purpose. Such information may not be pub10 lished or released in other form if the person who supplied

11 the information or who is described in it is identifiable

12 unless such person has consented (as determined under

13 regulations of the Secretary) to its publication or release

14 in other form.

15 ‘‘(n) EMERGENCY RESPONSE.—

16 ‘‘(1) IN GENERAL.—Notwithstanding section

17 504 of the Public Health Service Act (42 U.S.C.

18 290aa–3), the Secretary may use up to 3 percent of

19 all funds appropriated for this title to make non

20 competitive grants, contracts or cooperative agree21 ments to public entities to address emergency sub22 stance abuse and/or mental health needs in local

23 communities.

24 ‘‘(2) EXCEPTIONS.—The following exceptions

25 apply to paragraph (1)—
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1 ‘‘(A) funds appropriated to part C of this

2 title are not subject to this provision; and

3 ‘‘(B) funds used under this authority and

4 taken from funds appropriated for programs

5 under title V for mental health services may

6 only be used for mental health emergencies, and

7 funds used under this authority and taken from

8 funds appropriated for programs under title V

9 for substance abuse services may only be used

10 for substance abuse emergencies.

11 ‘‘(3) DEFINITION OF EMERGENCY.—The Sec12 retary shall establish what defines a substance abuse

13 or mental health emergency and publish these defini14 tions in the Federal Register prior to the use of this

15 authority.’’.

16 (3) in subsection (o) (as redesignated under

17 paragraph (1)), strike ‘‘1993’’ and all that follows

18 and insert ‘‘2001, and such sums as may be nec19 essary for each of the fiscal years 2002 and 2003.’’.

20 SEC. 602. PEER REVIEW.

21 Section 504 of the Public Health Service (42 U.S.C.

22 290aa–3) is amended to read as follows:

23 ‘‘SEC. 504. PEER REVIEW.

24 ‘‘(a) IN GENERAL.—The Secretary, after consulta25 tion with the Administrator, shall require appropriate peer
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1 review of grants, cooperative agreements, and contracts to

2 be administered through the agency which exceed the sim3 ple acquisition threshold as defined in section 4(11) of the

4 Office of Federal Procurement Policy Act.

5 ‘‘(b) MEMBERS.—The members of any peer review

6 group established under subsection (a) shall be individuals

7 who by virtue of their training or experience are eminently

8 qualified to perform the review functions of the group. Not

more than 1 9 ⁄4 of the members of any such peer review

10 group shall be officers or employees of the United States.

11 ‘‘(c) ADVISORY COUNCIL REVIEW.—If the direct cost

12 of a grant or cooperative agreement (described in sub13 section (a)) exceeds the simple acquisition threshold as de14 fined by section 4(11) of the Office of Federal Procure15 ment Policy Act, the Secretary may make such a grant

16 or cooperative agreement only if such grant or cooperative

17 agreement is recommended—

18 ‘‘(1) after peer review required under sub19 section (a); and

20 ‘‘(2) by the appropriate advisory council.

21 ‘‘(d) CONDITIONS.—The Secretary may establish lim22 ited exceptions to the limitations contained in this section

23 regarding participation of Federal employees and advisory

24 council approval. The circumstances under which the Sec25 retary may make such an exception shall be made public.’’.
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1 SEC. 603. AVAILABILITY TO STATES OF GRANT PAYMENTS.

2 Section 1952 of the Public Health Service Act (42

3 U.S.C. 300x–62) is amended to read as follows:

4 ‘‘SEC. 1952. AVAILABILITY TO STATES OF GRANT PAY5 MENTS.

6 ‘‘Any amounts paid to a State for a fiscal year under

7 section 1911 or 1921 shall be available for obligation and

8 expenditure until the end of the fiscal year following the

9 fiscal year for which the amounts were paid.’’.

10 SEC. 604. REPEAL OF OBSOLETE ADDICT REFERRAL PROVI11 SIONS.

12 Part E of title III of the Public Health Service Act

13 (42 U.S.C. 257 et seq.) is repealed.

14 SEC. 605. REQUIREMENT RELATING TO THE RIGHTS OF

15 RESIDENTS OF CERTAIN FACILITIES.

16 Title V of the Public Health Service Act (42 U.S.C.

17 290aa et seq.) is amended by adding at the end the fol18 lowing:

19 ‘‘PART G—REQUIREMENT RELATING TO THE RIGHTS OF

20 RESIDENTS OF CERTAIN FACILITIES

21 ‘‘SEC. 581. REQUIREMENT RELATING TO THE RIGHTS OF

22 RESIDENTS OF CERTAIN FACILITIES.

23 ‘‘(a) IN GENERAL.—A public or private general hos24 pital, nursing facility, intermediate care facility, residen25 tial treatment center, or other health care facility, that

26 receives support in any form from any program supported
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1 in whole or in part with funds appropriated to any Federal

2 department or agency shall protect and promote the rights

3 of each resident of the facility, including the right to be

4 free from physical or mental abuse, corporal punishment,

5 and any restraints or involuntary seclusions imposed as

6 a means of coercion, discipline, convenience, or retaliation.

7 ‘‘(b) REQUIREMENTS.—Restraints and seclusion may

8 only be imposed on a resident of a facility described in

9 subsection (a) if—

10 ‘‘(1) the restraints or seclusion are imposed to

11 ensure the immediate physical safety of the resident,

12 a staff member, or others, and less restrictive inter13 ventions have failed; and

14 ‘‘(2) the restraints or seclusion are imposed

15 only upon the written order of a physician, or other

16 licensed independent practitioner permitted by the

17 State and the facility to order such restraint or se18 clusion, that specifies the duration and cir19 cumstances under which the restraints or seclusion

20 are to be used (except in emergency circumstances

21 specified by the Secretary until such an order could

22 reasonably be obtained).

23 ‘‘(c) DEFINITIONS.—For purposes of this section:

24 ‘‘(1) RESTRAINTS.—The term ‘restraints’

25 means—
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1 ‘‘(A) any physical restraint that is a me2 chanical or personal restriction that immobilizes

3 or reduces the ability of an individual to move

4 his or her arms, legs, or head freely, not includ5 ing devices, such as orthopedically prescribed

6 devices, surgical dressings or bandages, protec7 tive helmets, or any other methods that involves

8 the physical holding of a resident for the pur9 pose of conducting routine physical examina10 tions or tests or to protect the resident from

11 falling out of bed or to permit the resident to

12 participate in activities without the risk of

13 physical harm to the resident; and

14 ‘‘(B) a drug or medication that is used as

15 a restraint to control behavior or restrict the

16 resident’s freedom of movement that is not a

17 standard treatment for the resident’s medical or

18 psychiatric condition.

19 ‘‘(2) SECLUSION.—The term ‘seclusion’ means

20 any separation of the resident from the general pop21 ulation of the facility that prevents the resident from

22 returning to such population if he or she desires.

23 ‘‘SEC. 582. REPORTING REQUIREMENT.

24 ‘‘(a) IN GENERAL.—Each facility to which the Pro25 tection and Advocacy for Mentally Ill Individuals Act of
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1 1986 applies shall notify the appropriate protection and

2 advocacy agency—

3 ‘‘(1) of each death of a patient, and of each se4 rious physical injury of a patient, that occurs at

5 such facility while the patient is restrained or in se6 clusion;

7 ‘‘(2) of each death of a patient occurring within

8 seven days hours after the patient has been removed

9 from restraints or seclusion; and

10 ‘‘(3) of each death of a patient where it is rea11 sonable to assume that the patient’s death is a re12 sult of restraints or seclusion.

13 ‘‘(b) CERTAIN REQUIREMENTS.—With respect to no14 tifications under subsection (a):

15 ‘‘(1) Each requirement for a notification of a

16 death includes the requirement that the facility in17 volved provide a notification of a death that occurs

18 after the patient involved has been discharged from

19 the facility, if that information is available to the fa20 cility.

21 ‘‘(2) A notification shall include the name of

22 the patient involved and pertinent clinical informa23 tion about the patient and the events preceding his

24 or her death or serious injury, and shall be provided

25 not later than 7 days after the date of the death or
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1 injury of the patient (or in the case of a death oc2 curring after the patient’s discharge, not later than

3 7 days after the facility’s receipt of information con4 cerning the death).

5 ‘‘(c) DEFINITIONS.—For purposes of this section:

6 ‘‘(1) The term ‘facility’ has the meaning given

7 the term ‘facilities’ in section 102(3) of the Protec8 tion and Advocacy for Mentally Ill Individuals Act of

9 1986.

10 ‘‘(2) The term ‘protection and advocacy agency’

11 has the meaning given the term ‘eligible system’ in

12 section 102(2) of the Act referred to in paragraph

13 (1).

14 ‘‘SEC. 583. REGULATIONS.

15 ‘‘(a) IN GENERAL.—Not later than 1 year after the

16 date of enactment of this part, the Secretary, after con17 sultation with appropriate protection and advocacy agen18 cies (as defined in section 582(c)), physicians, facilities,

19 and other health care professionals and patients, shall pro20 mulgate regulations that require facilities to which the

21 Protection and Advocacy for Mentally Ill Individuals Act

22 of 1986 applies, to meet the requirements of subsection

23 (b).

24 ‘‘(b) REQUIREMENTS.—The regulations promulgated

25 under subsection (a) shall require that—
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1 ‘‘(1) facilities described in subsection (a) ensure

2 that there is an adequate number of qualified profes3 sional and supportive staff to evaluate patients, for4 mulate written individualized, comprehensive treat5 ment plans, and to provide active treatment meas6 ures;

7 ‘‘(2) appropriate training be provided for the

8 staff of such facilities in the use of restraints and

9 seclusion and any alternatives to the use of re10 straints and seclusion; and

11 ‘‘(3) such facilities provide complete and accu12 rate notification of deaths and serious injuries, as

13 required under section 582.

14 ‘‘SEC. 584. ENFORCEMENT.

15 ‘‘A facility to which this part applies that fails to

16 comply with any requirement of this part, including a fail17 ure to provide appropriate training, shall not be eligible

18 for participation in any program supported in whole or

19 in part by funds appropriated to any Federal department

20 or agency.’’.

21 SEC. 606. ADVISORY COUNCILS.

22 Section 502(e) of the Public Health Service Act (42

23 U.S.C. 290aa–1(e)) is amended in the first sentence by

24 striking ‘‘3 times’’ and inserting ‘‘2 times’’.
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1 SEC. 607. ALCOHOL PREVENTION AND TREATMENT POLICY.

2 Paragraph (1) of section 501(e) of the Public Health

3 Service Act (42 U.S.C. 290aa(e)) is amended to read as

4 follows:

5 ‘‘(1) IN GENERAL.—There may be in the Ad6 ministration an Associate Administrator for Alcohol

7 Prevention and Treatment Policy to whom the Ad8 ministrator may delegate the functions of promoting,

9 monitoring, and evaluating service programs for the

10 prevention and treatment of alcoholism and alcohol

11 abuse within the Center for Substance Abuse Pre12 vention, the Center for Substance Abuse Treatment

13 and the Center for Mental Health Services, and co14 ordinating such programs among the Centers, and

15 among the Centers and other public and private en16 tities. The Associate Administrator also may ensure

17 that alcohol prevention, education, and policy strate18 gies are integrated into all programs of the Centers

19 that address substance abuse prevention, education,

20 and policy, and that the Center for Substance Abuse

21 Prevention addresses the Healthy People 2010 goals

22 and the National Dietary Guidelines of the Depart23 ment of Health and Human Services and the De24 partment of Agriculture related to alcohol consump25 tion.’’.
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1 SEC. 608. EXPANSION OF AUTHORITIES.

2 (a) DUTIES OF THE CENTER FOR SUBSTANCE ABUSE

3 TREATMENT.—Section 507(b) of the Public Health Serv4 ice Act (42 U.S.C. 290bb(b)) is amended—

5 (1) by redesignating paragraphs (2) through

6 (12) as paragraphs (4) through (14), respectively;

7 (2) by inserting after paragraph (1) the fol8 lowing:

9 ‘‘(2) ensure that emphasis is placed on children

10 and adolescents in the development of treatment

11 programs;

12 ‘‘(3) collaborate with the Attorney General to

13 develop programs to provide substance abuse treat14 ment services to individuals who have had contact

15 with the Justice system, especially adolescents;’’;

16 (3) in paragraph (7) (as so redesignated), by

17 striking ‘‘services, and monitor’’ and all that follows

18 and inserting ‘‘services;’’;

19 (4) in paragraph (13) (as so redesignated), by

20 striking ‘‘treatment, including’’ and all that follows

21 through ‘‘which shall’’ and inserting ‘‘treatment,

22 which shall’’; and

23 (5) in paragraph 14 (as so redesignated), by

24 striking ‘‘paragraph (11)’’ and inserting ‘‘paragraph

25 (13)’’.
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1 (b) OFFICE FOR SUBSTANCE ABUSE PREVENTION.—

2 Section 515(b) of the Public Health Service Act (42

3 U.S.C. 290bb–21(b)) is amended—

4 (1) by redesignating paragraphs (9) and (10)

5 as paragraphs (10) and (11), respectively;

6 (2) by inserting after paragraph (8) the fol7 lowing paragraph:

8 ‘‘(9) collaborate with the Attorney General of

9 the Department of Justice to develop programs to

10 prevent drug abuse among high risk youth;’’; and

11 (3) in paragraph (10) (as so redesignated), by

12 striking ‘‘public concerning’’ and inserting ‘‘public,

13 especially adolescent audiences, concerning’’.

14 (c) DUTIES OF THE CENTER FOR MENTAL HEALTH

15 SERVICES.—Section 520(b) of the Public Health Service

16 Act (42 U.S.C. 290bb–3(b)) is amended—

17 (1) by redesignating paragraphs (3) through

18 (14) as paragraphs (4) through (15), respectively;

19 (2) by inserting after paragraph (2), the fol20 lowing:

21 ‘‘(3) collaborate with the Department of Edu22 cation and the Department of Justice to develop

23 programs to assist local communities in addressing

24 violence among children and adolescents;’’;
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1 (3) in paragraph (8) (as so redesignated), by

2 striking ‘‘programs authorized’’ and all that follows

3 and inserting ‘‘programs under part C;’’; and

4 (4) in paragraph (9) (as so redesignated), by

5 striking ‘‘program, and programs’’ and all that fol6 lows and inserting ‘‘program;’’.

Æ