PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1101

Public Law 106–310

106th Congress

An Act

To amend the Public Health Service Act with respect to children’s health.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Children’s Health Act of 2000’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec.1.Short title.

Sec.2.Table of contents.

DIVISION A—CHILDREN’S HEALTH

TITLE I—AUTISM

Sec.101.Expansion, intensification, and coordination of activities of National Institutes of Health with respect to research on autism. Sec.102.Developmental disabilities surveillance and research programs.

Sec.103.Information and education.

Sec.104.Inter-agency Autism Coordinating Committee.

Sec.105.Report to Congress.

TITLE II—RESEARCH AND DEVELOPMENT REGARDING FRAGILE X

Sec.201.National Institute of Child Health and Human Development; research on

fragile X.

TITLE III—JUVENILE ARTHRITIS AND RELATED CONDITIONS

Sec.301.National Institute of Arthritis and Musculoskeletal and Skin Diseases;

research on juvenile arthritis and related conditions.

Sec.302.Information clearinghouse.

TITLE IV—REDUCING BURDEN OF DIABETES AMONG CHILDREN AND

YOUTH

Sec.401.Programs of Centers for Disease Control and Prevention.

Sec.402.Programs of National Institutes of Health.

TITLE V—ASTHMA SERVICES FOR CHILDREN

Subtitle A—Asthma Services

Sec.501.Grants for children’s asthma relief.

Sec.502.Technical and conforming amendments.

Subtitle B—Prevention Activities

Sec.511.Preventive health and health services block grant; systems for reducing

asthma-related illnesses through integrated pest management.

Subtitle C—Coordination of Federal Activities

Sec.521.Coordination through National Institutes of Health.

Subtitle D—Compilation of Data

Sec.531.Compilation of data by Centers for Disease Control and Prevention.

42 USC 201 note.

Children’s Health

Act of 2000.

Oct. 17, 2000

[H.R. 4365]

114 STAT. 1102 PUBLIC LAW 106–310—OCT. 17, 2000

TITLE VI—BIRTH DEFECTS PREVENTION ACTIVITIES

Subtitle A—Folic Acid Promotion

Sec.601.Program regarding effects of folic acid in prevention of birth defects.

Subtitle B—National Center on Birth Defects and Developmental Disabilities

Sec.611.National Center on Birth Defects and Developmental Disabilities.

TITLE VII—EARLY DETECTION, DIAGNOSIS, AND TREATMENT REGARDING

HEARING LOSS IN INFANTS

Sec.701.Purposes.

Sec.702.Programs of Health Resources and Services Administration, Centers for

Disease Control and Prevention, and National Institutes of Health.

TITLE VIII—CHILDREN AND EPILEPSY

Sec.801.National public health campaign on epilepsy; seizure disorder demonstration projects in medically underserved areas.

TITLE IX—SAFE MOTHERHOOD; INFANT HEALTH PROMOTION

Subtitle A—Safe Motherhood Prevention Research

Sec.901.Prevention research and other activities.

Subtitle B—Pregnant Women and Infants Health Promotion

Sec.911.Programs regarding prenatal and postnatal health.

TITLE X—PEDIATRIC RESEARCH INITIATIVE

Sec.1001.Establishment of pediatric research initiative.

Sec.1002.Investment in tomorrow’s pediatric researchers.

Sec.1003.Review of regulations.

Sec.1004.Long-term child development study.

TITLE XI—CHILDHOOD MALIGNANCIES

Sec.1101.Programs of Centers for Disease Control and Prevention and National Institutes of Health.

TITLE XII—ADOPTION AWARENESS

Subtitle A—Infant Adoption Awareness

Sec.1201.Grants regarding infant adoption awareness.

Subtitle B—Special Needs Adoption Awareness

Sec.1211.Special needs adoption programs; public awareness campaign and other

activities.

TITLE XIII—TRAUMATIC BRAIN INJURY

Sec.1301.Programs of Centers for Disease Control and Prevention.

Sec.1302.Study and monitor incidence and prevalence.

Sec.1303.Programs of National Institutes of Health.

Sec.1304.Programs of Health Resources and Services Administration.

Sec.1305.State grants for protection and advocacy services.

Sec.1306.Authorization of appropriations for certain programs.

TITLE XIV—CHILD CARE SAFETY AND HEALTH GRANTS

Sec.1401.Definitions.

Sec.1402.Authorization of appropriations.

Sec.1403.Programs.

Sec.1404.Amounts reserved; allotments.

Sec.1405.State applications.

Sec.1406.Use of funds.

Sec.1407.Reports.

TITLE XV—HEALTHY START INITIATIVE

Sec.1501.Continuation of healthy start program.

TITLE XVI—ORAL HEALTH PROMOTION AND DISEASE PREVENTION

Sec.1601.Identification of interventions that reduce the burden and transmission of

oral, dental, and craniofacial diseases in high risk populations; development of approaches for pediatric oral and craniofacial assessment.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1103

Sec.1602.Oral health promotion and disease prevention.

Sec.1603.Coordinated program to improve pediatric oral health.

TITLE XVII—VACCINE-RELATED PROGRAMS

Subtitle A—Vaccine Compensation Program

Sec.1701.Content of petitions.

Subtitle B—Childhood Immunizations

Sec.1711.Childhood immunizations.

TITLE XVIII—HEPATITIS C

Sec.1801.Surveillance and education regarding hepatitis C.

TITLE XIX—NIH INITIATIVE ON AUTOIMMUNE DISEASES

Sec.1901.Autoimmune diseases; initiative through Director of National Institutes of

Health.

TITLE XX—GRADUATE MEDICAL EDUCATION PROGRAMS IN CHILDREN’S

HOSPITALS

Sec.2001.Provisions to revise and extend program.

TITLE XXI—SPECIAL NEEDS OF CHILDREN REGARDING ORGAN

TRANSPLANTATION

Sec.2101.Organ Procurement and Transplantation Network; amendments regarding

needs of children.

TITLE XXII—MUSCULAR DYSTROPHY RESEARCH

Sec.2201.Muscular dystrophy research.

TITLE XXIII—CHILDREN AND TOURETTE SYNDROME AWARENESS

Sec.2301.Grants regarding Tourette Syndrome.

TITLE XXIV—CHILDHOOD OBESITY PREVENTION

Sec.2401.Programs operated through the Centers for Disease Control and

Prevention.

TITLE XXV—EARLY DETECTION AND TREATMENT REGARDING

CHILDHOOD LEAD POISONING

Sec.2501.Centers for Disease Control and Prevention efforts to combat childhood

lead poisoning.

Sec.2502.Grants for lead poisoning related activities.

Sec.2503.Training and reports by the Health Resources and Services

Administration.

Sec.2504.Screenings, referrals, and education regarding lead poisoning.

TITLE XXVI—SCREENING FOR HERITABLE DISORDERS

Sec.2601.Program to improve the ability of States to provide newborn and child

screening for heritable disorders.

TITLE XXVII—PEDIATRIC RESEARCH PROTECTIONS

Sec.2701.Requirement for additional protections for children involved in research.

TITLE XXVIII—MISCELLANEOUS PROVISIONS

Sec.2801.Report regarding research on rare diseases in children.

Sec.2802.Study on metabolic disorders.

TITLE XXIX—EFFECTIVE DATE

Sec.2901.Effective date.

DIVISION B—YOUTH DRUG AND MENTAL HEALTH SERVICES

Sec.3001.Short title.

TITLE XXXI—PROVISIONS RELATING TO SERVICES FOR CHILDREN AND

ADOLESCENTS

Sec.3101.Children and violence.

Sec.3102.Emergency response.

114 STAT. 1104 PUBLIC LAW 106–310—OCT. 17, 2000

Sec.3103.High risk youth reauthorization.

Sec.3104.Substance abuse treatment services for children and adolescents.

Sec.3105.Comprehensive community services for children with serious emotional

disturbance.

Sec.3106.Services for children of substance abusers.

Sec.3107.Services for youth offenders.

Sec.3108.Grants for strengthening families through community partnerships.

Sec.3109.Programs to reduce underage drinking.

Sec.3110.Services for individuals with fetal alcohol syndrome.

Sec.3111.Suicide prevention.

Sec.3112.General provisions.

TITLE XXXII—PROVISIONS RELATING TO MENTAL HEALTH

Sec.3201.Priority mental health needs of regional and national significance.

Sec.3202.Grants for the benefit of homeless individuals.

Sec.3203.Projects for assistance in transition from homelessness.

Sec.3204.Community mental health services performance partnership block grant.

Sec.3205.Determination of allotment.

Sec.3206.Protection and Advocacy for Mentally Ill Individuals Act of 1986.

Sec.3207.Requirement relating to the rights of residents of certain facilities.

Sec.3208.Requirement relating to the rights of residents of certain non-medical,

community-based facilities for children and youth.

Sec.3209.Emergency mental health centers.

Sec.3210.Grants for jail diversion programs.

Sec.3211.Improving outcomes for children and adolescents through services integration between child welfare and mental health services.

Sec.3212.Grants for the integrated treatment of serious mental illness and

co-occurring substance abuse.

Sec.3213.Training grants.

TITLE XXXIII—PROVISIONS RELATING TO SUBSTANCE ABUSE

Sec.3301.Priority substance abuse treatment needs of regional and national

significance.

Sec.3302.Priority substance abuse prevention needs of regional and national

significance.

Sec.3303.Substance abuse prevention and treatment performance partnership block

grant.

Sec.3304.Determination of allotments.

Sec.3305.Nondiscrimination and institutional safeguards for religious providers.

Sec.3306.Alcohol and drug prevention or treatment services for Indians and

Native Alaskans.

Sec.3307.Establishment of commission.

TITLE XXXIV—PROVISIONS RELATING TO FLEXIBILITY AND

ACCOUNTABILITY

Sec.3401.General authorities and peer review.

Sec.3402.Advisory councils.

Sec.3403.General provisions for the performance partnership block grants.

Sec.3404.Data infrastructure projects.

Sec.3405.Repeal of obsolete addict referral provisions.

Sec.3406.Individuals with co-occurring disorders.

Sec.3407.Services for individuals with co-occurring disorders.

TITLE XXXV—WAIVER AUTHORITY FOR PHYSICIANS WHO DISPENSE OR

PRESCRIBE CERTAIN NARCOTIC DRUGS FOR MAINTENANCE

TREATMENT OR DETOXIFICATION TREATMENT

Sec.3501.Short title.

Sec.3502.Amendment to Controlled Substances Act.

TITLE XXXVI—METHAMPHETAMINE AND OTHER CONTROLLED

SUBSTANCES

Sec.3601.Short title.

Subtitle A—Methamphetamine Production, Trafficking, and Abuse

PART I—CRIMINAL PENALTIES

Sec.3611.Enhanced punishment of amphetamine laboratory operators.

Sec.3612.Enhanced punishment of amphetamine or methamphetamine laboratory

operators.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1105

Sec.3613.Mandatory restitution for violations of Controlled Substances Act and Controlled Substances Import and Export Act relating to amphetamine and

methamphetamine.

Sec.3614.Methamphetamine paraphernalia.

PART II—ENHANCED LAW ENFORCEMENT

Sec.3621.Environmental hazards associated with illegal manufacture of

amphetamine and methamphetamine.

Sec.3622.Reduction in retail sales transaction threshold for non-safe harbor

products containing pseudoephedrine or phenylpropanolamine.

Sec.3623.Training for Drug Enforcement Administration and State and local law

enforcement personnel relating to clandestine laboratories.

Sec.3624.Combating methamphetamine and amphetamine in high intensity drug

trafficking areas.

Sec.3625.Combating amphetamine and methamphetamine manufacturing and trafficking.

PART III—ABUSE PREVENTION AND TREATMENT

Sec.3631.Expansion of methamphetamine research.

Sec.3632.Methamphetamine and amphetamine treatment initiative by Center for

Substance Abuse Treatment.

Sec.3633.Study of methamphetamine treatment.

PART IV—REPORTS

Sec.3641.Reports on consumption of methamphetamine and other illicit drugs in

rural areas, metropolitan areas, and consolidated metropolitan areas.

Sec.3642.Report on diversion of ordinary, over-the-counter pseudoephedrine and

phenylpropanolamine products.

Subtitle B—Controlled Substances Generally

Sec.3651.Enhanced punishment for trafficking in list I chemicals.

Sec.3652.Mail order requirements.

Sec.3653.Theft and transportation of anhydrous ammonia for purposes of illicit production of controlled substances.

Subtitle C—Ecstasy Anti-Proliferation Act of 2000

Sec.3661.Short title.

Sec.3662.Findings.

Sec.3663.Enhanced punishment of Ecstasy traffickers.

Sec.3664.Emergency authority to United States Sentencing Commission.

Sec.3665.Expansion of Ecstasy and club drugs abuse prevention efforts.

Subtitle D—Miscellaneous

Sec.3671.Antidrug messages on Federal Government Internet websites.

Sec.3672.Reimbursement by Drug Enforcement Administration of expenses

incurred to remediate methamphetamine laboratories.

Sec.3673.Severability.

DIVISION A—CHILDREN’S HEALTH

TITLE I—AUTISM

SEC. 101. EXPANSION, INTENSIFICATION, AND COORDINATION OF

ACTIVITIES OF NATIONAL INSTITUTES OF HEALTH WITH

RESPECT TO RESEARCH ON AUTISM.

Part B of title IV of the Public Health Service Act (42 U.S.C.

284 et seq.) is amended by adding at the end the following section:

‘‘EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF

NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON

AUTISM

‘‘SEC. 409C. (a) IN GENERAL.—

‘‘(1) EXPANSION OF ACTIVITIES.—The Director of NIH (in

this section referred to as the ‘Director’) shall expand, intensify,

42 USC 284g.

114 STAT. 1106 PUBLIC LAW 106–310—OCT. 17, 2000

and coordinate the activities of the National Institutes of Health

with respect to research on autism.

‘‘(2) ADMINISTRATION OF PROGRAM; COLLABORATION AMONG

AGENCIES.—The Director shall carry out this section acting

through the Director of the National Institute of Mental Health

and in collaboration with any other agencies that the Director

determines appropriate.

‘‘(b) CENTERS OF EXCELLENCE.—

‘‘(1) IN GENERAL.—The Director shall under subsection

(a)(1) make awards of grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning,

establishing, improving, and providing basic operating support

for centers of excellence regarding research on autism.

‘‘(2) RESEARCH.—Each center under paragraph (1) shall

conduct basic and clinical research into autism. Such research

should include investigations into the cause, diagnosis, early

detection, prevention, control, and treatment of autism. The

centers, as a group, shall conduct research including the fields

of developmental neurobiology, genetics, and

psychopharmacology.

‘‘(3) SERVICES FOR PATIENTS.—

‘‘(A) IN GENERAL.—A center under paragraph (1) may

expend amounts provided under such paragraph to carry

out a program to make individuals aware of opportunities

to participate as subjects in research conducted by the

centers.

‘‘(B) REFERRALS AND COSTS.—A program under

subparagraph (A) may, in accordance with such criteria

as the Director may establish, provide to the subjects

described in such subparagraph, referrals for health and

other services, and such patient care costs as are required

for research.

‘‘(C) AVAILABILITY AND ACCESS.—The extent to which

a center can demonstrate availability and access to clinical

services shall be considered by the Director in decisions

about awarding grants to applicants which meet the scientific criteria for funding under this section.

‘‘(4) COORDINATION OF CENTERS; REPORTS.—The Director

shall, as appropriate, provide for the coordination of information

among centers under paragraph (1) and ensure regular communication between such centers, and may require the periodic

preparation of reports on the activities of the centers and

the submission of the reports to the Director.

‘‘(5) ORGANIZATION OF CENTERS.—Each center under paragraph (1) shall use the facilities of a single institution, or

be formed from a consortium of cooperating institutions,

meeting such requirements as may be prescribed by the

Director.

‘‘(6) NUMBER OF CENTERS; DURATION OF SUPPORT.—

‘‘(A) IN GENERAL.—The Director shall provide for the

establishment of not less than five centers under paragraph

(1).

‘‘(B) DURATION.—Support for a center established

under paragraph (1) may be provided under this section

for a period of not to exceed 5 years. Such period may

be extended for one or more additional periods not

exceeding 5 years if the operations of such center have

Grants.

Contracts.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1107

been reviewed by an appropriate technical and scientific

peer review group established by the Director and if such

group has recommended to the Director that such period

should be extended.

‘‘(c) FACILITATION OF RESEARCH.—The Director shall under subsection (a)(1) provide for a program under which samples of tissues

and genetic materials that are of use in research on autism are

donated, collected, preserved, and made available for such research.

The program shall be carried out in accordance with accepted

scientific and medical standards for the donation, collection, and

preservation of such samples.

‘‘(d) PUBLIC INPUT.—The Director shall under subsection (a)(1)

provide for means through which the public can obtain information

on the existing and planned programs and activities of the National

Institutes of Health with respect to autism and through which

the Director can receive comments from the public regarding such

programs and activities.

‘‘(e) FUNDING.—There are authorized to be appropriated such

sums as may be necessary to carry out this section. Amounts

appropriated under this subsection are in addition to any other

amounts appropriated for such purpose.’’.

SEC. 102. DEVELOPMENTAL DISABILITIES SURVEILLANCE AND

RESEARCH PROGRAMS.

(a) NATIONAL AUTISM AND PERVASIVE DEVELOPMENTAL DISABILITIES SURVEILLANCE PROGRAM.—

(1) IN GENERAL.—The Secretary of Health and Human

Services (in this section referred to as the ‘‘Secretary’’), acting

through the Director of the Centers for Disease Control and

Prevention, may make awards of grants and cooperative agreements for the collection, analysis, and reporting of data on

autism and pervasive developmental disabilities. In making

such awards, the Secretary may provide direct technical assistance in lieu of cash.

(2) ELIGIBILITY.—To be eligible to receive an award under

paragraph (1) an entity shall be a public or nonprofit private

entity (including health departments of States and political

subdivisions of States, and including universities and other

educational entities).

(b) CENTERS OF EXCELLENCE IN AUTISM AND PERVASIVE

DEVELOPMENTAL DISABILITIES EPIDEMIOLOGY.—

(1) IN GENERAL.—The Secretary, acting through the

Director of the Centers for Disease Control and Prevention,

shall establish not less than three regional centers of excellence

in autism and pervasive developmental disabilities epidemiology for the purpose of collecting and analyzing information

on the number, incidence, correlates, and causes of autism

and related developmental disabilities.

(2) RECIPIENTS OF AWARDS FOR ESTABLISHMENT OF CENTERS.—Centers under paragraph (1) shall be established and

operated through the awarding of grants or cooperative agreements to public or nonprofit private entities that conduct

research, including health departments of States and political

subdivisions of States, and including universities and other

educational entities.

(3) CERTAIN REQUIREMENTS.—An award for a center under

paragraph (1) may be made only if the entity involved submits

42 USC 247b–4b.

Appropriation

authorization.

114 STAT. 1108 PUBLIC LAW 106–310—OCT. 17, 2000

to the Secretary an application containing such agreements

and information as the Secretary may require, including an

agreement that the center involved will operate in accordance

with the following:

(A) The center will collect, analyze, and report autism

and pervasive developmental disabilities data according

to guidelines prescribed by the Director, after consultation

with relevant State and local public health officials, private

sector developmental disability researchers, and advocates

for those with developmental disabilities.

(B) The center will assist with the development and

coordination of State autism and pervasive developmental

disabilities surveillance efforts within a region.

(C) The center will identify eligible cases and controls

through its surveillance systems and conduct research into

factors which may cause autism and related developmental

disabilities.

(D) The center will develop or extend an area of special

research expertise (including genetics, environmental exposure to contaminants, immunology, and other relevant

research specialty areas).

(c) CLEARINGHOUSE.—The Secretary, acting through the

Director of the Centers for Disease Control and Prevention, shall

carry out the following:

(1) The Secretary shall establish a clearinghouse within

the Centers for Disease Control and Prevention for the collection and storage of data generated from the monitoring programs established by this title. Through the clearinghouse,

such Centers shall serve as the coordinating agency for autism

and pervasive developmental disabilities surveillance activities.

The functions of such a clearinghouse shall include facilitating

the coordination of research and policy development relating

to the epidemiology of autism and other pervasive developmental disabilities.

(2) The Secretary shall coordinate the Federal response

to requests for assistance from State health department officials

regarding potential or alleged autism or developmental disability clusters.

(d) DEFINITION.—In this title, the term ‘‘State’’ means each

of the several States, the District of Columbia, the Commonwealth

of Puerto Rico, American Samoa, Guam, the Commonwealth of

the Northern Mariana Islands, the Virgin Islands, and the Trust

Territory of the Pacific Islands.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

this section.

SEC. 103. INFORMATION AND EDUCATION.

(a) IN GENERAL.—The Secretary shall establish and implement

a program to provide information and education on autism to health

professionals and the general public, including information and

education on advances in the diagnosis and treatment of autism

and training and continuing education through programs for scientists, physicians, and other health professionals who provide care

for patients with autism.

42 USC 247b–4c.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1109

(b) STIPENDS.—The Secretary may use amounts made available

under this section to provide stipends for health professionals who

are enrolled in training programs under this section.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

this section.

SEC. 104. INTER-AGENCY AUTISM COORDINATING COMMITTEE.

(a) ESTABLISHMENT.—The Secretary shall establish a committee

to be known as the ‘‘Autism Coordinating Committee’’ (in this

section referred to as the ‘‘Committee’’) to coordinate all efforts

within the Department of Health and Human Services concerning

autism, including activities carried out through the National

Institutes of Health and the Centers for Disease Control and

Prevention under this title (and the amendment made by this

title).

(b) MEMBERSHIP.—

(1) IN GENERAL.—The Committee shall be composed of the

Directors of such national research institutes, of the Centers

for Disease Control and Prevention, and of such other agencies

and such other officials as the Secretary determines appropriate.

(2) ADDITIONAL MEMBERS.—If determined appropriate by

the Secretary, the Secretary may appoint to the Committee—

(A) parents or legal guardians of individuals with

autism or other pervasive developmental disorders; and

(B) representatives of other governmental agencies that

serve children with autism such as the Department of

Education.

(c) ADMINISTRATIVE SUPPORT; TERMS OF SERVICE; OTHER PROVISIONS.—The following shall apply with respect to the Committee:

(1) The Committee shall receive necessary and appropriate

administrative support from the Department of Health and

Human Services.

(2) Members of the Committee appointed under subsection

(b)(2)(A) shall serve for a term of 3 years, and may serve

for an unlimited number of terms if reappointed.

(3) The Committee shall meet not less than two times

each year.

SEC. 105. REPORT TO CONGRESS.

Not later than January 1, 2001, and each January 1 thereafter,

the Secretary shall prepare and submit to the appropriate committees of Congress, a report concerning the implementation of this

title and the amendments made by this title.

TITLE II—RESEARCH AND

DEVELOPMENT REGARDING FRAGILE X

SEC. 201. NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN

DEVELOPMENT; RESEARCH ON FRAGILE X.

Subpart 7 of part C of title IV of the Public Health Service

Act is amended by adding at the end the following section:

Deadline.

42 USC 247b–4e.

42 USC 247b–4d.

114 STAT. 1110 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘FRAGILE X

‘‘SEC. 452E. (a) EXPANSION AND COORDINATION OF RESEARCH

ACTIVITIES.—The Director of the Institute, after consultation with

the advisory council for the Institute, shall expand, intensify, and

coordinate the activities of the Institute with respect to research

on the disease known as fragile X.

‘‘(b) RESEARCH CENTERS.—

‘‘(1) IN GENERAL.—The Director of the Institute shall make

grants or enter into contracts for the development and operation

of centers to conduct research for the purposes of improving

the diagnosis and treatment of, and finding the cure for, fragile

X.

‘‘(2) NUMBER OF CENTERS.—

‘‘(A) IN GENERAL.—In carrying out paragraph (1), the

Director of the Institute shall, to the extent that amounts

are appropriated, and subject to subparagraph (B), provide

for the establishment of at least three fragile X research

centers.

‘‘(B) PEER REVIEW REQUIREMENT.—The Director of the

Institute shall make a grant to, or enter into a contract

with, an entity for purposes of establishing a center under

paragraph (1) only if the grant or contract has been recommended after technical and scientific peer review

required by regulations under section 492.

‘‘(3) ACTIVITIES.—The Director of the Institute, with the

assistance of centers established under paragraph (1), shall

conduct and support basic and biomedical research into the

detection and treatment of fragile X.

‘‘(4) COORDINATION AMONG CENTERS.—The Director of the

Institute shall, as appropriate, provide for the coordination

of the activities of the centers assisted under this section,

including providing for the exchange of information among

the centers.

‘‘(5) CERTAIN ADMINISTRATIVE REQUIREMENTS.—Each center

assisted under paragraph (1) shall use the facilities of a single

institution, or be formed from a consortium of cooperating

institutions, meeting such requirements as may be prescribed

by the Director of the Institute.

‘‘(6) DURATION OF SUPPORT.—Support may be provided to

a center under paragraph (1) for a period not exceeding 5

years. Such period may be extended for one or more additional

periods, each of which may not exceed 5 years, if the operations

of such center have been reviewed by an appropriate technical

and scientific peer review group established by the Director

and if such group has recommended to the Director that such

period be extended.

‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—For the purpose

of carrying out this subsection, there are authorized to be

appropriated such sums as may be necessary for each of the

fiscal years 2001 through 2005.’’.

Grants.

Contracts.

42 USC 285g–9.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1111

TITLE III—JUVENILE ARTHRITIS AND

RELATED CONDITIONS

SEC. 301. NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES; RESEARCH ON JUVENILE

ARTHRITIS AND RELATED CONDITIONS.

(a) IN GENERAL.—Subpart 4 of part C of title IV of the Public

Health Service Act (42 U.S.C. 285d et seq.) is amended by inserting

after section 442 the following section:

‘‘JUVENILE ARTHRITIS AND RELATED CONDITIONS

‘‘SEC. 442A. (a) EXPANSION AND COORDINATION OF ACTIVITIES.—

The Director of the Institute, in coordination with the Director

of the National Institute of Allergy and Infectious Diseases, shall

expand and intensify the programs of such Institutes with respect

to research and related activities concerning juvenile arthritis and

related conditions.

‘‘(b) COORDINATION.—The Directors referred to in subsection

(a) shall jointly coordinate the programs referred to in such subsection and consult with the Arthritis and Musculoskeletal Diseases

Interagency Coordinating Committee.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

(b) PEDIATRIC RHEUMATOLOGY.—Subpart 1 of part E of title

VII of the Public Health Service Act (42 U.S.C. 294n et seq.)

is amended by adding at the end the following:

‘‘SEC. 763. PEDIATRIC RHEUMATOLOGY.

‘‘(a) IN GENERAL.—The Secretary, acting through the appropriate agencies, shall evaluate whether the number of pediatric

rheumatologists is sufficient to address the health care needs of

children with arthritis and related conditions, and if the Secretary

determines that the number is not sufficient, shall develop strategies to help address the shortfall.

‘‘(b) REPORT TO CONGRESS.—Not later than October 1, 2001,

the Secretary shall submit to the Congress a report describing

the results of the evaluation under subsection (a), and as applicable,

the strategies developed under such subsection.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

SEC. 302. INFORMATION CLEARINGHOUSE.

Section 438(b) of the Public Health Service Act (42 U.S.C.

285d–3(b)) is amended by inserting ‘‘, including juvenile arthritis

and related conditions,’’ after ‘‘diseases’’.

Deadline.

42 USC 294p.

42 USC 285d–8.

114 STAT. 1112 PUBLIC LAW 106–310—OCT. 17, 2000

TITLE IV—REDUCING BURDEN OF DIABETES AMONG CHILDREN AND YOUTH

SEC. 401. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND

PREVENTION.

Part B of title III of the Public Health Service Act (42 U.S.C.

243 et seq.) is amended by inserting after section 317G the following

section:

‘‘DIABETES IN CHILDREN AND YOUTH

‘‘SEC. 317H. (a) SURVEILLANCE ON JUVENILE DIABETES.—The

Secretary, acting through the Director of the Centers for Disease

Control and Prevention, shall develop a sentinel system to collect

data on juvenile diabetes, including with respect to incidence and

prevalence, and shall establish a national database for such data.

‘‘(b) TYPE 2 DIABETES IN YOUTH.—The Secretary shall implement a national public health effort to address type 2 diabetes

in youth, including—

‘‘(1) enhancing surveillance systems and expanding

research to better assess the prevalence and incidence of type

2 diabetes in youth and determine the extent to which type

2 diabetes is incorrectly diagnosed as type 1 diabetes among

children; and

‘‘(2) developing and improving laboratory methods to assist

in diagnosis, treatment, and prevention of diabetes including,

but not limited to, developing noninvasive ways to monitor

blood glucose to prevent hypoglycemia and improving existing

glucometers that measure blood glucose.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

SEC. 402. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.

Subpart 3 of part C of title IV of the Public Health Service

Act (42 U.S.C. 285c et seq.) is amended by inserting after section

434 the following section:

‘‘JUVENILE DIABETES

‘‘SEC. 434A. (a) LONG-TERM EPIDEMIOLOGY STUDIES.—The

Director of the Institute shall conduct or support long-term epidemiology studies in which individuals with or at risk for type 1, or

juvenile, diabetes are followed for 10 years or more. Such studies

shall investigate the causes and characteristics of the disease and

its complications.

‘‘(b) CLINICAL TRIAL INFRASTRUCTURE/INNOVATIVE TREATMENTS

FOR JUVENILE DIABETES.—The Secretary, acting through the

Director of the National Institutes of Health, shall support regional

clinical research centers for the prevention, detection, treatment,

and cure of juvenile diabetes.

‘‘(c) PREVENTION OF TYPE 1 DIABETES.—The Secretary, acting

through the appropriate agencies, shall provide for a national effort

to prevent type 1 diabetes. Such effort shall provide for a combination of increased efforts in research and development of prevention

strategies, including consideration of vaccine development, coupled

42 USC 285c–9.

42 USC 247b–9.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1113

with appropriate ability to test the effectiveness of such strategies

in large clinical trials of children and young adults.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

TITLE V—ASTHMA SERVICES FOR

CHILDREN

Subtitle A—Asthma Services

SEC. 501. GRANTS FOR CHILDREN’S ASTHMA RELIEF.

Title III of the Public Health Service Act (42 U.S.C. 241 et

seq.) is amended by adding at the end the following part:

‘‘PART P—ADDITIONAL PROGRAMS

‘‘SEC. 399L. CHILDREN’S ASTHMA TREATMENT GRANTS PROGRAM.

‘‘(a) AUTHORITY TO MAKE GRANTS.—

‘‘(1) IN GENERAL.—In addition to any other payments made

under this Act or title V of the Social Security Act, the Secretary

shall award grants to eligible entities to carry out the following

purposes:

‘‘(A) To provide access to quality medical care for children who live in areas that have a high prevalence of

asthma and who lack access to medical care.

‘‘(B) To provide on-site education to parents, children,

health care providers, and medical teams to recognize the

signs and symptoms of asthma, and to train them in the

use of medications to treat asthma and prevent its exacerbations.

‘‘(C) To decrease preventable trips to the emergency

room by making medication available to individuals who

have not previously had access to treatment or education

in the management of asthma.

‘‘(D) To provide other services, such as smoking cessation programs, home modification, and other direct and

support services that ameliorate conditions that exacerbate

or induce asthma.

‘‘(2) CERTAIN PROJECTS.—In making grants under paragraph (1), the Secretary may make grants designed to develop

and expand the following projects:

‘‘(A) Projects to provide comprehensive asthma services

to children in accordance with the guidelines of the

National Asthma Education and Prevention Program

(through the National Heart, Lung and Blood Institute),

including access to care and treatment for asthma in a

community-based setting.

‘‘(B) Projects to fully equip mobile health care clinics

that provide preventive asthma care including diagnosis,

physical examinations, pharmacological therapy, skin

testing, peak flow meter testing, and other asthma-related

health care services.

42 USC 280g.

114 STAT. 1114 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(C) Projects to conduct validated asthma management

education programs for patients with asthma and their

families, including patient education regarding asthma

management, family education on asthma management,

and the distribution of materials, including displays and

videos, to reinforce concepts presented by medical teams.

‘‘(2) AWARD OF GRANTS.—

‘‘(A) APPLICATION.—

‘‘(i) IN GENERAL.—An eligible entity shall submit

an application to the Secretary for a grant under this

section in such form and manner as the Secretary

may require.

‘‘(ii) REQUIRED INFORMATION.—An application submitted under this subparagraph shall include a plan

for the use of funds awarded under the grant and

such other information as the Secretary may require.

‘‘(B) REQUIREMENT.—In awarding grants under this

section, the Secretary shall give preference to eligible entities that demonstrate that the activities to be carried out

under this section shall be in localities within areas of

known or suspected high prevalence of childhood asthma

or high asthma-related mortality or high rate of hospitalization or emergency room visits for asthma (relative to the

average asthma prevalence rates and associated mortality

rates in the United States). Acceptable data sets to demonstrate a high prevalence of childhood asthma or high

asthma-related mortality may include data from Federal,

State, or local vital statistics, claims data under title XIX

or XXI of the Social Security Act, other public health statistics or surveys, or other data that the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, deems appropriate.

‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—For purposes of this

section, the term ‘eligible entity’ means a public or nonprofit

private entity (including a State or political subdivision of a

State), or a consortium of any of such entities.

‘‘(b) COORDINATION WITH OTHER CHILDREN’S PROGRAMS.—An

eligible entity shall identify in the plan submitted as part of an

application for a grant under this section how the entity will coordinate operations and activities under the grant with—

‘‘(1) other programs operated in the State that serve children with asthma, including any such programs operated under

title V, XIX, or XXI of the Social Security Act; and

‘‘(2) one or more of the following—

‘‘(A) the child welfare and foster care and adoption

assistance programs under parts B and E of title IV of

such Act;

‘‘(B) the head start program established under the

Head Start Act (42 U.S.C. 9831 et seq.);

‘‘(C) the program of assistance under the special supplemental nutrition program for women, infants and children

(WIC) under section 17 of the Child Nutrition Act of 1966

(42 U.S.C. 1786);

‘‘(D) local public and private elementary or secondary

schools; or

‘‘(E) public housing agencies, as defined in section 3

of the United States Housing Act of 1937 (42 U.S.C. 1437a).

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1115

‘‘(c) EVALUATION.—An eligible entity that receives a grant under

this section shall submit to the Secretary an evaluation of the

operations and activities carried out under the grant that includes—

‘‘(1) a description of the health status outcomes of children

assisted under the grant;

‘‘(2) an assessment of the utilization of asthma-related

health care services as a result of activities carried out under

the grant;

‘‘(3) the collection, analysis, and reporting of asthma data

according to guidelines prescribed by the Director of the Centers

for Disease Control and Prevention; and

‘‘(4) such other information as the Secretary may require.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

SEC. 502. TECHNICAL AND CONFORMING AMENDMENTS.

Title III of the Public Health Service Act (42 U.S.C. 241 et

seq.) is amended—

(1) in part L, by redesignating section 399D as section

399A;

(2) in part M—

(A) by redesignating sections 399H through 399L as

sections 399B through 399F, respectively;

(B) in section 399B (as so redesignated), in subsection

(e)—

(i) by striking ‘‘section 399K(b)’’ and inserting ‘‘subsection (b) of section 399E’’; and

(ii) by striking ‘‘section 399C’’ and inserting ‘‘such

section’’;

(C) in section 399E (as so redesignated), in subsection

(c), by striking ‘‘section 399H(a)’’ and inserting ‘‘section

399B(a)’’; and

(D) in section 399F (as so redesignated)—

(i) in subsection (a), by striking ‘‘section 399I’’ and

inserting ‘‘section 399C’’;

(ii) in subsection (a), by striking ‘‘subsection 399J’’

and inserting ‘‘section 399D’’; and

(iii) in subsection (b), by striking ‘‘subsection 399K’’

and inserting ‘‘section 399E’’;

(3) in part N, by redesignating section 399F as section

399G; and

(4) in part O—

(A) by redesignating sections 399G through 399J as

sections 399H through 399K, respectively;

(B) in section 399H (as so redesignated), in subsection

(b), by striking ‘‘section 399H’’ and inserting ‘‘section 399I’’;

(C) in section 399J (as so redesignated), in subsection

(b), by striking ‘‘section 399G(d)’’ and inserting ‘‘section

399H(d)’’; and

(D) in section 399K (as so redesignated), by striking

‘‘section 399G(d)(1)’’ and inserting ‘‘section 399H(d)(1)’’.

42 USC 280f–3.

42 USC 280f–2.

42 USC 280f.

42 USC 280f–

280f–3.

42 USC 280d–11,

280e–11.

42 USC 280e–4.

42 USC 280e–3.

42 USC 280e.

42 USC 280e–

280e–4.

42 USC 280d.

114 STAT. 1116 PUBLIC LAW 106–310—OCT. 17, 2000

Subtitle B—Prevention Activities

SEC. 511. PREVENTIVE HEALTH AND HEALTH SERVICES BLOCK GRANT;

SYSTEMS FOR REDUCING ASTHMA-RELATED ILLNESSES

THROUGH INTEGRATED PEST MANAGEMENT.

Section 1904(a)(1) of the Public Health Service Act (42 U.S.C.

300w–3(a)(1)) is amended—

(1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;

(2) by adding a period at the end of subparagraph (G)

(as so redesignated);

(3) by inserting after subparagraph (D), the following:

‘‘(E) The establishment, operation, and coordination of effective and cost-efficient systems to reduce the prevalence of illness

due to asthma and asthma-related illnesses, especially among

children, by reducing the level of exposure to cockroach allergen

or other known asthma triggers through the use of integrated

pest management, as applied to cockroaches or other known

allergens. Amounts expended for such systems may include

the costs of building maintenance and the costs of programs

to promote community participation in the carrying out at

such sites of integrated pest management, as applied to cockroaches or other known allergens. For purposes of this subparagraph, the term ‘integrated pest management’ means an

approach to the management of pests in public facilities that

combines biological, cultural, physical, and chemical tools in

a way that minimizes economic, health, and environmental

risks.’’;

(4) in subparagraph (F) (as so redesignated), by striking

‘‘subparagraphs (A) through (D)’’ and inserting ‘‘subparagraphs

(A) through (E)’’; and

(5) in subparagraph (G) (as so redesignated), by striking

‘‘subparagraphs (A) through (E)’’ and inserting ‘‘subparagraphs

(A) through (F)’’.

Subtitle C—Coordination of Federal

Activities

SEC. 521. COORDINATION THROUGH NATIONAL INSTITUTES OF

HEALTH.

Subpart 2 of part C of title IV of the Public Health Service

Act (42 U.S.C. 285b et seq.) is amended by inserting after section

424A the following section:

‘‘COORDINATION OF FEDERAL ASTHMA ACTIVITIES

‘‘SEC. 424B (a) IN GENERAL.—The Director of Institute shall,

through the National Asthma Education Prevention Program

Coordinating Committee—

‘‘(1) identify all Federal programs that carry out asthmarelated activities;

‘‘(2) develop, in consultation with appropriate Federal agencies and professional and voluntary health organizations, a

Federal plan for responding to asthma; and

42 USC 285b–7b.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1117

‘‘(3) not later than 12 months after the date of the enactment of the Children’s Health Act of 2000, submit recommendations to the appropriate committees of the Congress on ways

to strengthen and improve the coordination of asthma-related

activities of the Federal Government.

‘‘(b) REPRESENTATION OF THE DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT.—A representative of the Department of

Housing and Urban Development shall be included on the National

Asthma Education Prevention Program Coordinating Committee

for the purpose of performing the tasks described in subsection

(a).

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

Subtitle D—Compilation of Data

SEC. 531. COMPILATION OF DATA BY CENTERS FOR DISEASE CONTROL

AND PREVENTION.

Part B of title III of the Public Health Service Act, as amended

by section 401 of this Act, is amended by inserting after section

317H the following section:

‘‘COMPILATION OF DATA ON ASTHMA

‘‘SEC. 317I. (a) IN GENERAL.—The Secretary, acting through

the Director of the Centers for Disease Control and Prevention,

shall—

‘‘(1) conduct local asthma surveillance activities to collect

data on the prevalence and severity of asthma and the quality

of asthma management;

‘‘(2) compile and annually publish data on the prevalence

of children suffering from asthma in each State; and

‘‘(3) to the extent practicable, compile and publish data

on the childhood mortality rate associated with asthma nationally.

‘‘(b) SURVEILLANCE ACTIVITIES.—The Director of the Centers

for Disease Control and Prevention, acting through the representative of the Director on the National Asthma Education Prevention

Program Coordinating Committee, shall, in carrying out subsection

(a), provide an update on surveillance activities at each Committee

meeting.

‘‘(c) COLLABORATIVE EFFORTS.—The activities described in subsection (a)(1) may be conducted in collaboration with eligible entities

awarded a grant under section 399L.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

42 USC 247b–10.

114 STAT. 1118 PUBLIC LAW 106–310—OCT. 17, 2000

TITLE VI—BIRTH DEFECTS

PREVENTION ACTIVITIES

Subtitle A—Folic Acid Promotion

SEC. 601. PROGRAM REGARDING EFFECTS OF FOLIC ACID IN PREVENTION OF BIRTH DEFECTS.

Part B of title III of the Public Health Service Act, as amended

by section 531 of this Act, is amended by inserting after section

317I the following section:

‘‘EFFECTS OF FOLIC ACID IN PREVENTION OF BIRTH DEFECTS

‘‘SEC. 317J. (a) IN GENERAL.—The Secretary, acting through

the Director of the Centers for Disease Control and Prevention,

shall expand and intensify programs (directly or through grants

or contracts) for the following purposes:

‘‘(1) To provide education and training for health professionals and the general public for purposes of explaining the

effects of folic acid in preventing birth defects and for purposes

of encouraging each woman of reproductive capacity (whether

or not planning a pregnancy) to consume on a daily basis

a dietary supplement that provides an appropriate level of

folic acid.

‘‘(2) To conduct research with respect to such education

and training, including identifying effective strategies for

increasing the rate of consumption of folic acid by women

of reproductive capacity.

‘‘(3) To conduct research to increase the understanding

of the effects of folic acid in preventing birth defects, including

understanding with respect to cleft lip, cleft palate, and heart

defects.

‘‘(4) To provide for appropriate epidemiological activities

regarding folic acid and birth defects, including epidemiological

activities regarding neural tube defects.

‘‘(b) CONSULTATIONS WITH STATES AND PRIVATE ENTITIES.— In carrying out subsection (a), the Secretary shall consult with

the States and with other appropriate public or private entities,

including national nonprofit private organizations, health professionals, and providers of health insurance and health plans.

‘‘(c) TECHNICAL ASSISTANCE.—The Secretary may (directly or

through grants or contracts) provide technical assistance to public

and nonprofit private entities in carrying out the activities described

in subsection (a).

‘‘(d) EVALUATIONS.—The Secretary shall (directly or through

grants or contracts) provide for the evaluation of activities under

subsection (a) in order to determine the extent to which such

activities have been effective in carrying out the purposes of the

program under such subsection, including the effects on various

demographic populations. Methods of evaluation under the preceding sentence may include surveys of knowledge and attitudes

on the consumption of folic acid and on blood folate levels. Such

methods may include complete and timely monitoring of infants

who are born with neural tube defects.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

Grants.

Contracts.

42 USC 247b–11.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1119

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

Subtitle B—National Center on Birth

Defects and Developmental Disabilities

SEC. 611. NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES.

Section 317C of the Public Health Service Act (42 U.S.C. 247b–

4) is amended—

(1) by striking the heading for the section and inserting

the following:

‘‘NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL

DISABILITIES’’;

(2) by striking ‘‘SEC. 317C. (a)’’ and all that follows through

the end of subsection (a) and inserting the following:

‘‘SEC. 317C. (a) IN GENERAL.—

‘‘(1) NATIONAL CENTER.—There is established within the

Centers for Disease Control and Prevention a center to be

known as the National Center on Birth Defects and Developmental Disabilities (referred to in this section as the ‘Center’),

which shall be headed by a director appointed by the Director

of the Centers for Disease Control and Prevention.

‘‘(2) GENERAL DUTIES.—The Secretary shall carry out

programs—

‘‘(A) to collect, analyze, and make available data on

birth defects and developmental disabilities (in a manner

that facilitates compliance with subsection (d)(2)), including

data on the causes of such defects and disabilities and

on the incidence and prevalence of such defects and disabilities;

‘‘(B) to operate regional centers for the conduct of

applied epidemiological research on the prevention of such

defects and disabilities; and

‘‘(C) to provide information and education to the public

on the prevention of such defects and disabilities.

‘‘(3) FOLIC ACID.—The Secretary shall carry out section

317J through the Center.

‘‘(4) CERTAIN PROGRAMS.—

‘‘(A) TRANSFERS.—All programs and functions described

in subparagraph (B) are transferred to the Center, effective

upon the expiration of the 180-day period beginning on

the date of the enactment of the Children’s Health Act

of 2000.

‘‘(B) RELEVANT PROGRAMS.—The programs and functions described in this subparagraph are all programs and

functions that—

‘‘(i) relate to birth defects; folic acid; cerebral palsy;

mental retardation; child development; newborn

screening; autism; fragile X syndrome; fetal alcohol

syndrome; pediatric genetic disorders; disability

prevention; or other relevant diseases, disorders, or

conditions as determined the Secretary; and

Establishment.

114 STAT. 1120 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(ii) were carried out through the National Center

for Environmental Health as of the day before the

date of the enactment of the Act referred to in subparagraph (A).

‘‘(C) RELATED TRANSFERS.—Personnel employed in

connection with the programs and functions specified in

subparagraph (B), and amounts available for carrying out

the programs and functions, are transferred to the Center,

effective upon the expiration of the 180-day period beginning on the date of the enactment of the Act referred

to in subparagraph (A). Such transfer of amounts does

not affect the period of availability of the amounts, or

the availability of the amounts with respect to the purposes

for which the amounts may be expended.’’; and

(3) in subsection (b)(1), in the matter preceding subparagraph (A), by striking ‘‘(a)(1)’’ and inserting ‘‘(a)(2)(A)’’.

TITLE VII—EARLY DETECTION, DIAGNOSIS, AND TREATMENT REGARDING

HEARING LOSS IN INFANTS

SEC. 701. PURPOSES.

The purposes of this title are to clarify the authority within

the Public Health Service Act to authorize statewide newborn and

infant hearing screening, evaluation and intervention programs

and systems, technical assistance, a national applied research program, and interagency and private sector collaboration for policy

development, in order to assist the States in making progress

toward the following goals:

(1) All babies born in hospitals in the United States and

its territories should have a hearing screening before leaving

the birthing facility. Babies born in other countries and residing

in the United States via immigration or adoption should have

a hearing screening as early as possible.

(2) All babies who are not born in hospitals in the United

States and its territories should have a hearing screening

within the first 3 months of life.

(3) Appropriate audiologic and medical evaluations should

be conducted by 3 months for all newborns and infants suspected of having hearing loss to allow appropriate referral

and provisions for audiologic rehabilitation, medical and early

intervention before the age of 6 months.

(4) All newborn and infant hearing screening programs

and systems should include a component for audiologic

rehabilitation, medical and early intervention options that

ensures linkage to any new and existing state-wide systems

of intervention and rehabilitative services for newborns and

infants with hearing loss.

(5) Public policy in regard to newborn and infant hearing

screening and intervention should be based on applied research

and the recognition that newborns, infants, toddlers, and children who are deaf or hard-of-hearing have unique language,

learning, and communication needs, and should be the result

of consultation with pertinent public and private sectors.

42 USC 280g–1

note.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1121

SEC. 702. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION, CENTERS FOR DISEASE CONTROL AND

PREVENTION, AND NATIONAL INSTITUTES OF HEALTH.

Part P of title III of the Public Health Service Act, as added

by section 501 of this Act, is amended by adding at the end the

following section:

‘‘SEC. 399M. EARLY DETECTION, DIAGNOSIS, AND TREATMENT

REGARDING HEARING LOSS IN INFANTS.

‘‘(a) STATEWIDE NEWBORN AND INFANT HEARING SCREENING,

EVALUATION AND INTERVENTION PROGRAMS AND SYSTEMS.—The Secretary, acting through the Administrator of the Health Resources

and Services Administration, shall make awards of grants or

cooperative agreements to develop statewide newborn and infant

hearing screening, evaluation and intervention programs and systems for the following purposes:

‘‘(1) To develop and monitor the efficacy of state-wide newborn and infant hearing screening, evaluation and intervention

programs and systems. Early intervention includes referral to

schools and agencies, including community, consumer, and

parent-based agencies and organizations and other programs

mandated by part C of the Individuals with Disabilities Education Act, which offer programs specifically designed to meet

the unique language and communication needs of deaf and

hard of hearing newborns, infants, toddlers, and children.

‘‘(2) To collect data on statewide newborn and infant

hearing screening, evaluation and intervention programs and

systems that can be used for applied research, program evaluation and policy development.

‘‘(b) TECHNICAL ASSISTANCE, DATA MANAGEMENT, AND APPLIED

RESEARCH.—

‘‘(1) CENTERS FOR DISEASE CONTROL AND PREVENTION.—

The Secretary, acting through the Director of the Centers for

Disease Control and Prevention, shall make awards of grants

or cooperative agreements to provide technical assistance to

State agencies to complement an intramural program and to

conduct applied research related to newborn and infant hearing

screening, evaluation and intervention programs and systems.

The program shall develop standardized procedures for data

management and program effectiveness and costs, such as—

‘‘(A) to ensure quality monitoring of newborn and infant

hearing loss screening, evaluation, and intervention programs and systems;

‘‘(B) to provide technical assistance on data collection

and management;

‘‘(C) to study the costs and effectiveness of newborn

and infant hearing screening, evaluation and intervention

programs and systems conducted by State-based programs

in order to answer issues of importance to State and

national policymakers;

‘‘(D) to identify the causes and risk factors for congenital hearing loss;

‘‘(E) to study the effectiveness of newborn and infant

hearing screening, audiologic and medical evaluations and

intervention programs and systems by assessing the health,

intellectual and social developmental, cognitive, and language status of these children at school age; and

42 USC 280g–1.

114 STAT. 1122 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(F) to promote the sharing of data regarding early

hearing loss with State-based birth defects and developmental disabilities monitoring programs for the purpose

of identifying previously unknown causes of hearing loss.

‘‘(2) NATIONAL INSTITUTES OF HEALTH.—The Director of the

National Institutes of Health, acting through the Director of

the National Institute on Deafness and Other Communication

Disorders, shall for purposes of this section, continue a program

of research and development on the efficacy of new screening

techniques and technology, including clinical studies of

screening methods, studies on efficacy of intervention, and

related research.

‘‘(c) COORDINATION AND COLLABORATION.—

‘‘(1) IN GENERAL.—In carrying out programs under this

section, the Administrator of the Health Resources and Services

Administration, the Director of the Centers for Disease Control

and Prevention, and the Director of the National Institutes

of Health shall collaborate and consult with other Federal

agencies; State and local agencies, including those responsible

for early intervention services pursuant to title XIX of the

Social Security Act (Medicaid Early and Periodic Screening,

Diagnosis and Treatment Program); title XXI of the Social

Security Act (State Children’s Health Insurance Program); title

V of the Social Security Act (Maternal and Child Health Block

Grant Program); and part C of the Individuals with Disabilities

Education Act; consumer groups of and that serve individuals

who are deaf and hard-of-hearing and their families; appropriate national medical and other health and education specialty organizations; persons who are deaf and hard-of-hearing

and their families; other qualified professional personnel who

are proficient in deaf or hard-of-hearing children’s language

and who possess the specialized knowledge, skills, and

attributes needed to serve deaf and hard-of-hearing newborns,

infants, toddlers, children, and their families; third-party

payers and managed care organizations; and related commercial

industries.

‘‘(2) POLICY DEVELOPMENT.—The Administrator of the

Health Resources and Services Administration, the Director

of the Centers for Disease Control and Prevention, and the

Director of the National Institutes of Health shall coordinate

and collaborate on recommendations for policy development

at the Federal and State levels and with the private sector,

including consumer, medical and other health and education

professional-based organizations, with respect to newborn and

infant hearing screening, evaluation and intervention programs

and systems.

‘‘(3) STATE EARLY DETECTION, DIAGNOSIS, AND INTERVENTION

PROGRAMS AND SYSTEMS; DATA COLLECTION.—The Administrator

of the Health Resources and Services Administration and the

Director of the Centers for Disease Control and Prevention

shall coordinate and collaborate in assisting States to establish

newborn and infant hearing screening, evaluation and intervention programs and systems under subsection (a) and to develop

a data collection system under subsection (b).

‘‘(d) RULE OF CONSTRUCTION; RELIGIOUS ACCOMMODATION.—

Nothing in this section shall be construed to preempt or prohibit

any State law, including State laws which do not require the

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1123

screening for hearing loss of newborn infants or young children

of parents who object to the screening on the grounds that such

screening conflicts with the parents’ religious beliefs.

‘‘(e) DEFINITIONS.—For purposes of this section:

‘‘(1) The term ‘audiologic evaluation’ refers to procedures

to assess the status of the auditory system; to establish the

site of the auditory disorder; the type and degree of hearing

loss, and the potential effects of hearing loss on communication;

and to identify appropriate treatment and referral options.

Referral options should include linkage to State coordinating

agencies under part C of the Individuals with Disabilities Education Act or other appropriate agencies, medical evaluation,

hearing aid /sensory aid assessment, audiologic rehabilitation

treatment, national and local consumer, self-help, parent, and

education organizations, and other family-centered services.

‘‘(2) The terms ‘audiologic rehabilitation’ and ‘audiologic

intervention’ refer to procedures, techniques, and technologies

to facilitate the receptive and expressive communication abilities of a child with hearing loss.

‘‘(3) The term ‘early intervention’ refers to providing appropriate services for the child with hearing loss, including nonmedical services, and ensuring that families of the child are

provided comprehensive, consumer-oriented information about

the full range of family support, training, information services,

communication options and are given the opportunity to consider the full range of educational and program placements

and options for their child.

‘‘(4) The term ‘medical evaluation by a physician’ refers

to key components including history, examination, and medical

decision making focused on symptomatic and related body systems for the purpose of diagnosing the etiology of hearing

loss and related physical conditions, and for identifying appropriate treatment and referral options.

‘‘(5) The term ‘medical intervention’ refers to the process

by which a physician provides medical diagnosis and direction

for medical and /or surgical treatment options of hearing loss

and /or related medical disorder associated with hearing loss.

‘‘(6) The term ‘newborn and infant hearing screening’ refers

to objective physiologic procedures to detect possible hearing

loss and to identify newborns and infants who, after rescreening, require further audiologic and medical evaluations.

‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) STATEWIDE NEWBORN AND INFANT HEARING SCREENING,

EVALUATION AND INTERVENTION PROGRAMS AND SYSTEMS.—For

the purpose of carrying out subsection (a), there are authorized

to be appropriated to the Health Resources and Services

Administration such sums as may be necessary for fiscal year

2002.

‘‘(2) TECHNICAL ASSISTANCE, DATA MANAGEMENT, AND

APPLIED RESEARCH; CENTERS FOR DISEASE CONTROL AND PREVENTION.—For the purpose of carrying out subsection (b)(1), there

are authorized to be appropriated to the Centers for Disease

Control and Prevention such sums as may be necessary for

fiscal year 2002.

‘‘(3) TECHNICAL ASSISTANCE, DATA MANAGEMENT, AND

APPLIED RESEARCH; NATIONAL INSTITUTE ON DEAFNESS AND

114 STAT. 1124 PUBLIC LAW 106–310—OCT. 17, 2000

OTHER COMMUNICATION DISORDERS.—For the purpose of carrying out subsection (b)(2), there are authorized to be appropriated to the National Institute on Deafness and Other

Communication Disorders such sums as may be necessary for

fiscal year 2002.’’.

TITLE VIII—CHILDREN AND EPILEPSY

SEC. 801. NATIONAL PUBLIC HEALTH CAMPAIGN ON EPILEPSY; SEIZURE DISORDER DEMONSTRATION PROJECTS IN MEDICALLY UNDERSERVED AREAS.

Subpart I of part D of title III of the Public Health Service

Act (42 U.S.C. 254b) is amended by adding at the end the following

section:

‘‘SEC. 330E. EPILEPSY; SEIZURE DISORDER.

‘‘(a) NATIONAL PUBLIC HEALTH CAMPAIGN.—

‘‘(1) IN GENERAL.—The Secretary shall develop and implement public health surveillance, education, research, and intervention strategies to improve the lives of persons with epilepsy,

with a particular emphasis on children. Such projects may

be carried out by the Secretary directly and through awards

of grants or contracts to public or nonprofit private entities.

The Secretary may directly or through such awards provide

technical assistance with respect to the planning, development,

and operation of such projects.

‘‘(2) CERTAIN ACTIVITIES.—Activities under paragraph (1)

shall include—

‘‘(A) expanding current surveillance activities through

existing monitoring systems and improving registries that

maintain data on individuals with epilepsy, including children;

‘‘(B) enhancing research activities on the diagnosis,

treatment, and management of epilepsy;

‘‘(C) implementing public and professional information

and education programs regarding epilepsy, including initiatives which promote effective management of the disease

through children’s programs which are targeted to parents,

schools, daycare providers, patients;

‘‘(D) undertaking educational efforts with the media,

providers of health care, schools and others regarding

stigmas and secondary disabilities related to epilepsy and

seizures, and its effects on youth;

‘‘(E) utilizing and expanding partnerships with

organizations with experience addressing the health and

related needs of people with disabilities; and

‘‘(F) other activities the Secretary deems appropriate.

‘‘(3) COORDINATION OF ACTIVITIES.—The Secretary shall

ensure that activities under this subsection are coordinated

as appropriate with other agencies of the Public Health Service

that carry out activities regarding epilepsy and seizure.

‘‘(b) SEIZURE DISORDER; DEMONSTRATION PROJECTS IN MEDICALLY UNDERSERVED AREAS.—

42 USC 254c–5.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1125

‘‘(1) IN GENERAL.—The Secretary, acting through the

Administrator of the Health Resources and Services Administration, may make grants for the purpose of carrying out demonstration projects to improve access to health and other services regarding seizures to encourage early detection and treatment in children and others residing in medically underserved

areas.

‘‘(2) APPLICATION FOR GRANT.—A grant may not be awarded

under paragraph (1) unless an application therefore is submitted to the Secretary and the Secretary approves such

application. Such application shall be submitted in such form

and manner and shall contain such information as the Secretary

may prescribe.

‘‘(c) DEFINITIONS.—For purposes of this section:

‘‘(1) The term ‘epilepsy’ refers to a chronic and serious

neurological condition characterized by excessive electrical discharges in the brain causing recurring seizures affecting all

life activities. The Secretary may revise the definition of such

term to the extent the Secretary determines necessary.

‘‘(2) The term ‘medically underserved’ has the meaning

applicable under section 799B(6).

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

TITLE IX—SAFE MOTHERHOOD; INFANT

HEALTH PROMOTION

Subtitle A—Safe Motherhood Prevention

Research

SEC. 901. PREVENTION RESEARCH AND OTHER ACTIVITIES.

Part B of title III of the Public Health Service Act, as amended

by section 601 of this Act, is amended by inserting after section

317J the following section:

‘‘SAFE MOTHERHOOD

‘‘SEC. 317K. (a) SURVEILLANCE.—

‘‘(1) PURPOSE.—The purpose of this subsection is to develop

surveillance systems at the local, State, and national level

to better understand the burden of maternal complications

and mortality and to decrease the disparities among population

at risk of death and complications from pregnancy.

‘‘(2) ACTIVITIES.—For the purpose described in paragraph

(1), the Secretary, acting through the Director of the Centers

for Disease Control and Prevention, may carry out the following

activities:

‘‘(A) The Secretary may establish and implement a

national surveillance program to identify and promote the

investigation of deaths and severe complications that occur

during pregnancy.

42 USC 247b–12.

114 STAT. 1126 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(B) The Secretary may expand the Pregnancy Risk

Assessment Monitoring System to provide surveillance and

collect data in each State.

‘‘(C) The Secretary may expand the Maternal and Child

Health Epidemiology Program to provide technical support,

financial assistance, or the time-limited assignment of

senior epidemiologists to maternal and child health programs in each State.

‘‘(b) PREVENTION RESEARCH.—

‘‘(1) PURPOSE.—The purpose of this subsection is to provide

the Secretary with the authority to further expand research

concerning risk factors, prevention strategies, and the roles

of the family, health care providers and the community in

safe motherhood.

‘‘(2) RESEARCH.—The Secretary may carry out activities

to expand research relating to—

‘‘(A) encouraging preconception counseling, especially

for at risk populations such as diabetics;

‘‘(B) the identification of critical components of prenatal

delivery and postpartum care;

‘‘(C) the identification of outreach and support services,

such as folic acid education, that are available for pregnant

women;

‘‘(D) the identification of women who are at high risk

for complications;

‘‘(E) preventing preterm delivery;

‘‘(F) preventing urinary tract infections;

‘‘(G) preventing unnecessary caesarean sections;

‘‘(H) an examination of the higher rates of maternal

mortality among African American women;

‘‘(I) an examination of the relationship between

domestic violence and maternal complications and mortality;

‘‘(J) preventing and reducing adverse health consequences that may result from smoking, alcohol and illegal

drug use before, during and after pregnancy;

‘‘(K) preventing infections that cause maternal and

infant complications; and

‘‘(L) other areas determined appropriate by the Secretary.

‘‘(c) PREVENTION PROGRAMS.—

‘‘(1) IN GENERAL.—The Secretary may carry out activities

to promote safe motherhood, including—

‘‘(A) public education campaigns on healthy pregnancies and the building of partnerships with outside

organizations concerned about safe motherhood;

‘‘(B) education programs for physicians, nurses and

other health care providers; and

‘‘(C) activities to promote community support services

for pregnant women.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1127

Subtitle B—Pregnant Women and Infants

Health Promotion

SEC. 911. PROGRAMS REGARDING PRENATAL AND POSTNATAL

HEALTH.

Part B of title III of the Public Health Service Act, as amended

by section 901 of this Act, is amended by inserting after section

317K the following section:

‘‘PRENATAL AND POSTNATAL HEALTH

‘‘SEC. 317L. (a) IN GENERAL.—The Secretary, acting through

the Director of the Centers for Disease Control and Prevention,

shall carry out programs—

‘‘(1) to collect, analyze, and make available data on prenatal

smoking, alcohol and illegal drug use, including data on the

implications of such activities and on the incidence and prevalence of such activities and their implications;

‘‘(2) to conduct applied epidemiological research on the

prevention of prenatal and postnatal smoking, alcohol and

illegal drug use;

‘‘(3) to support, conduct, and evaluate the effectiveness

of educational and cessation programs; and

‘‘(4) to provide information and education to the public

on the prevention and implications of prenatal and postnatal

smoking, alcohol and illegal drug use.

‘‘(b) GRANTS.—In carrying out subsection (a), the Secretary

may award grants to and enter into contracts with States, local

governments, scientific and academic institutions, federally qualified health centers, and other public and nonprofit entities, and

may provide technical and consultative assistance to such entities.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

TITLE X— PEDIATRIC RESEARCH

INITIATIVE

SEC. 1001. ESTABLISHMENT OF PEDIATRIC RESEARCH INITIATIVE.

Part B of title IV of the Public Health Service Act, as amended

by section 101 of this Act, is amended by adding at the end the

following:

‘‘PEDIATRIC RESEARCH INITIATIVE

‘‘SEC. 409D. (a) ESTABLISHMENT.—The Secretary shall establish

within the Office of the Director of NIH a Pediatric Research

Initiative (referred to in this section as the ‘Initiative’) to conduct

and support research that is directly related to diseases, disorders,

and other conditions in children. The Initiative shall be headed

by the Director of NIH.

‘‘(b) PURPOSE.—The purpose of the Initiative is to provide funds

to enable the Director of NIH—

42 USC 284h.

42 USC 247b–13.

114 STAT. 1128 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(1) to increase support for pediatric biomedical research

within the National Institutes of Health to realize the

expanding opportunities for advancement in scientific investigations and care for children;

‘‘(2) to enhance collaborative efforts among the Institutes

to conduct and support multidisciplinary research in the areas

that the Director deems most promising; and

‘‘(3) in coordination with the Food and Drug Administration, to increase the development of adequate pediatric clinical

trials and pediatric use information to promote the safer and

more effective use of prescription drugs in the pediatric population.

‘‘(c) DUTIES.—In carrying out subsection (b), the Director of

NIH shall—

‘‘(1) consult with the Director of the National Institute

of Child Health and Human Development and the other

national research institutes, in considering their requests for

new or expanded pediatric research efforts, and consult with

the Administrator of the Health Resources and Services

Administration and other advisors as the Director determines

to be appropriate;

‘‘(2) have broad discretion in the allocation of any Initiative

assistance among the Institutes, among types of grants, and

between basic and clinical research so long as the assistance

is directly related to the illnesses and conditions of children;

and

‘‘(3) be responsible for the oversight of any newly appropriated Initiative funds and annually report to Congress and

the public on the extent of the total funds obligated to conduct

or support pediatric research across the National Institutes

of Health, including the specific support and research awards

allocated through the Initiative.

‘‘(d) AUTHORIZATION.—For the purpose of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal

year 2001, and such sums as may be necessary for each of the

fiscal years 2002 through 2005.

‘‘(e) TRANSFER OF FUNDS.—The Director of NIH may transfer

amounts appropriated under this section to any of the Institutes

for a fiscal year to carry out the purposes of the Initiative under

this section.’’.

SEC. 1002. INVESTMENT IN TOMORROW’S PEDIATRIC RESEARCHERS.

(a) IN GENERAL.—Subpart 7 of part C of title IV of the Public

Health Service Act, as amended by section 921 of this Act, is

amended by adding at the end the following:

‘‘INVESTMENT IN TOMORROW’S PEDIATRIC RESEARCHERS

‘‘SEC. 452G. (a) ENHANCED SUPPORT.—In order to ensure the

future supply of researchers dedicated to the care and research

needs of children, the Director of the Institute, after consultation

with the Administrator of the Health Resources and Services

Administration, shall support activities to provide for—

‘‘(1) an increase in the number and size of institutional

training grants to institutions supporting pediatric training;

and

42 USC 285g–10.

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PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1129

‘‘(2) an increase in the number of career development

awards for health professionals who intend to build careers

in pediatric basic and clinical research.

‘‘(b) AUTHORIZATION.—For the purpose of carrying out subsection (a), there are authorized to be appropriated such sums

as may be necessary for each of the fiscal years 2001 through

2005.’’.

(b) PEDIATRIC RESEARCH LOAN REPAYMENT PROGRAM.—Part

G of title IV of the Public Health Service Act (42 U.S.C. 288

et seq.) is amended by inserting after section 487E the following

section:

‘‘PEDIATRIC RESEARCH LOAN REPAYMENT PROGRAM

‘‘SEC. 487F. (a) IN GENERAL.—The Secretary, in consultation

with the Director of NIH, may establish a pediatric research loan

repayment program. Through such program—

‘‘(1) the Secretary shall enter into contracts with qualified

health professionals under which such professionals will agree

to conduct pediatric research, in consideration of the Federal

Government agreeing to repay, for each year of such service,

not more than $35,000 of the principal and interest of the

educational loans of such professionals; and

‘‘(2) the Secretary shall, for the purpose of providing

reimbursements for tax liability resulting from payments made

under paragraph (1) on behalf of an individual, make payments,

in addition to payments under such paragraph, to the individual

in an amount equal to 39 percent of the total amount of loan

repayments made for the taxable year involved.

‘‘(b) APPLICATION OF OTHER PROVISIONS.—The provisions of

sections 338B, 338C, and 338E shall, except as inconsistent with

paragraph (1), apply to the program established under such paragraph to the same extent and in the same manner as such provisions

apply to the National Health Service Corps Loan Repayment Program established under subpart III of part D of title III.

‘‘(c) FUNDING.— ‘‘(1) IN GENERAL.—For the purpose of carrying out this

section with respect to a national research institute the Secretary may reserve, from amounts appropriated for such

institute for the fiscal year involved, such amounts as the

Secretary determines to be appropriate.

‘‘(2) AVAILABILITY OF FUNDS.—Amounts made available to

carry out this section shall remain available until the expiration

of the second fiscal year beginning after the fiscal year for

which such amounts were made available.’’.

SEC. 1003. REVIEW OF REGULATIONS.

(a) REVIEW.—By not later than 6 months after the date of

the enactment of this Act, the Secretary of Health and Human

Services shall conduct a review of the regulations under subpart

D of part 46 of title 45, Code of Federal Regulations, consider

any modifications necessary to ensure the adequate and appropriate

protection of children participating in research, and report the

findings of the Secretary to Congress.

(b) AREAS OF REVIEW.—In conducting the review under subsection (a), the Secretary of Health and Human Services shall

consider—

Deadline.

Contracts.

42 USC 288–6.

114 STAT. 1130 PUBLIC LAW 106–310—OCT. 17, 2000

(1) the appropriateness of the regulations for children of

differing ages and maturity levels, including legal status;

(2) the definition of ‘‘minimal risk’’ for a healthy child

or for a child with an illness;

(3) the definitions of ‘‘assent’’ and ‘‘permission’’ for child

clinical research participants and their parents or guardians

and of ‘‘adequate provisions’’ for soliciting assent or permission

in research as such definitions relate to the process of obtaining

the agreement of children participating in research and the

parents or guardians of such children;

(4) the definitions of ‘‘direct benefit to the individual subjects’’ and ‘‘generalizable knowledge about the subject’s disorder

or condition’’;

(5) whether payment (financial or otherwise) may be provided to a child or his or her parent or guardian for the

participation of the child in research, and if so, the amount

and type given;

(6) the expectations of child research participants and their

parent or guardian for the direct benefits of the child’s research

involvement;

(7) safeguards for research involving children conducted

in emergency situations with a waiver of informed assent;

(8) parent and child notification in instances in which

the regulations have not been complied with;

(9) compliance with the regulations in effect on the date

of the enactment of this Act, the monitoring of such compliance,

and enforcement actions for violations of such regulations; and

(10) the appropriateness of current practices for recruiting

children for participation in research.

(c) CONSULTATION.—In conducting the review under subsection

(a), the Secretary of Health and Human Services shall consult

broadly with experts in the field, including pediatric pharmacologists, pediatricians, pediatric professional societies, bioethics

experts, clinical investigators, institutional review boards, industry

experts, appropriate Federal agencies, and children who have

participated in research studies and the parents, guardians, or

families of such children.

(d) CONSIDERATION OF ADDITIONAL PROVISIONS.—In conducting

the review under subsection (a), the Secretary of Health and Human

Services shall consider and, not later than 6 months after the

date of the enactment of this Act, report to Congress concerning—

(1) whether the Secretary should establish data and safety

monitoring boards or other mechanisms to review adverse

events associated with research involving children; and

(2) whether the institutional review board oversight of clinical trials involving children is adequate to protect children.

SEC. 1004. LONG-TERM CHILD DEVELOPMENT STUDY.

(a) PURPOSE.—It is the purpose of this section to authorize

the National Institute of Child Health and Human Development

to conduct a national longitudinal study of environmental influences

(including physical, chemical, biological, and psychosocial) on children’s health and development.

(b) IN GENERAL.—The Director of the National Institute of

Child Health and Human Development shall establish a consortium

of representatives from appropriate Federal agencies (including the

Establishment.

42 USC 285g

note.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1131

Centers for Disease Control and Prevention, the Environmental

Protection Agency) to—

(1) plan, develop, and implement a prospective cohort study,

from birth to adulthood, to evaluate the effects of both chronic

and intermittent exposures on child health and human development; and

(2) investigate basic mechanisms of developmental disorders and environmental factors, both risk and protective,

that influence health and developmental processes.

(c) REQUIREMENT.—The study under subsection (b) shall—

(1) incorporate behavioral, emotional, educational, and

contextual consequences to enable a complete assessment of

the physical, chemical, biological and psychosocial environmental influences on children’s well-being;

(2) gather data on environmental influences and outcomes

on diverse populations of children, which may include the

consideration of prenatal exposures; and

(3) consider health disparities among children which may

include the consideration of prenatal exposures.

(d) REPORT.—Beginning not later than 3 years after the date

of the enactment of this Act, and periodically thereafter for the

duration of the study under this section, the Director of the National

Institute of Child Health and Human Development shall prepare

and submit to the appropriate committees of Congress a report

on the implementation and findings made under the planning and

feasibility study conducted under this section.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $18,000,000 for fiscal

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

years 2002 through 2005.

TITLE XI—CHILDHOOD MALIGNANCIES

SEC. 1101. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND

PREVENTION AND NATIONAL INSTITUTES OF HEALTH.

Part P of title III of the Public Health Service Act, as amended

by section 702 of this Act, is amended by adding at the end the

following section:

‘‘SEC. 399N. CHILDHOOD MALIGNANCIES.

‘‘(a) IN GENERAL.—The Secretary, acting as appropriate through

the Director of the Centers for Disease Control and Prevention

and the Director of the National Institutes of Health, shall study

environmental and other risk factors for childhood cancers

(including skeletal malignancies, leukemias, malignant tumors of

the central nervous system, lymphomas, soft tissue sarcomas, and

other malignant neoplasms) and carry out projects to improve outcomes among children with childhood cancers and resultant secondary conditions, including limb loss, anemia, rehabilitation, and

palliative care. Such projects shall be carried out by the Secretary

directly and through awards of grants or contracts.

‘‘(b) CERTAIN ACTIVITIES.—Activities under subsection (a)

include—

‘‘(1) the expansion of current demographic data collection

and population surveillance efforts to include childhood cancers

nationally;

42 USC 280g–2.

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114 STAT. 1132 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(2) the development of a uniform reporting system under

which treating physicians, hospitals, clinics, and States report

the diagnosis of childhood cancers, including relevant associated

epidemiological data; and

‘‘(3) support for the National Limb Loss Information Center

to address, in part, the primary and secondary needs of persons

who experience childhood cancers in order to prevent or minimize the disabling nature of these cancers.

‘‘(c) COORDINATION OF ACTIVITIES.—The Secretary shall assure

that activities under this section are coordinated as appropriate

with other agencies of the Public Health Service that carry out

activities focused on childhood cancers and limb loss.

‘‘(d) DEFINITION.—For purposes of this section, the term ‘childhood cancer’ refers to a spectrum of different malignancies that

vary by histology, site of disease, origin, race, sex, and age. The

Secretary may for purposes of this section revise the definition

of such term to the extent determined by the Secretary to be

appropriate.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

TITLE XII—ADOPTION AWARENESS

Subtitle A—Infant Adoption Awareness

SEC. 1201. GRANTS REGARDING INFANT ADOPTION AWARENESS.

Subpart I of part D of title III of the Public Health Service

Act, as amended by section 801 of this Act, is amended by adding

at the end the following section:

‘‘SEC. 330F. CERTAIN SERVICES FOR PREGNANT WOMEN.

‘‘(a) INFANT ADOPTION AWARENESS.—

‘‘(1) IN GENERAL.—The Secretary shall make grants to

national, regional, or local adoption organizations for the purpose of developing and implementing programs to train the

designated staff of eligible health centers in providing adoption

information and referrals to pregnant women on an equal basis

with all other courses of action included in nondirective counseling to pregnant women.

‘‘(2) BEST-PRACTICES GUIDELINES.—

‘‘(A) IN GENERAL.—A condition for the receipt of a

grant under paragraph (1) is that the adoption organization

involved agree that, in providing training under such paragraph, the organization will follow the guidelines developed

under subparagraph (B).

‘‘(B) PROCESS FOR DEVELOPMENT OF GUIDELINES.—

‘‘(i) IN GENERAL.—The Secretary shall establish

and supervise a process described in clause (ii) in which

the participants are—

‘‘(I) an appropriate number and variety of

adoption organizations that, as a group, have

expertise in all models of adoption practice and

that represent all members of the adoption triad

(birth mother, infant, and adoptive parent); and

42 USC 254c–6.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1133

‘‘(II) affected public health entities.

‘‘(ii) DESCRIPTION OF PROCESS.—The process

referred to in clause (i) is a process in which the

participants described in such clause collaborate to

develop best-practices guidelines on the provision of

adoption information and referrals to pregnant women

on an equal basis with all other courses of action

included in nondirective counseling to pregnant

women.

‘‘(iii) DATE CERTAIN FOR DEVELOPMENT.—The Secretary shall ensure that the guidelines described in

clause (ii) are developed not later than 180 days after

the date of the enactment of the Children’s Health

Act of 2000.

‘‘(C) RELATION TO AUTHORITY FOR GRANTS.—The Secretary may not make any grant under paragraph (1) before

the date on which the guidelines under subparagraph (B)

are developed.

‘‘(3) USE OF GRANT.—

‘‘(A) IN GENERAL.—With respect to a grant under paragraph (1)—

‘‘(i) an adoption organization may expend the grant

to carry out the programs directly or through grants

to or contracts with other adoption organizations;

‘‘(ii) the purposes for which the adoption organization expends the grant may include the development

of a training curriculum, consistent with the guidelines

developed under paragraph (2)(B); and

‘‘(iii) a condition for the receipt of the grant is

that the adoption organization agree that, in providing

training for the designated staff of eligible health centers, such organization will make reasonable efforts

to ensure that the individuals who provide the training

are individuals who are knowledgeable in all elements

of the adoption process and are experienced in providing adoption information and referrals in the

geographic areas in which the eligible health centers

are located, and that the designated staff receive the

training in such areas.

‘‘(B) RULE OF CONSTRUCTION REGARDING TRAINING OF

TRAINERS.—With respect to individuals who under a grant

under paragraph (1) provide training for the designated

staff of eligible health centers (referred to in this subparagraph as ‘trainers’), subparagraph (A)(iii) may not be construed as establishing any limitation regarding the

geographic area in which the trainers receive instruction

in being such trainers. A trainer may receive such instruction in a different geographic area than the area in which

the trainer trains (or will train) the designated staff of

eligible health centers.

‘‘(4) ADOPTION ORGANIZATIONS; ELIGIBLE HEALTH CENTERS;

OTHER DEFINITIONS.—For purposes of this section:

‘‘(A) The term ‘adoption organization’ means a national,

regional, or local organization—

‘‘(i) among whose primary purposes are adoption;

Deadline.

114 STAT. 1134 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(ii) that is knowledgeable in all elements of the

adoption process and on providing adoption information

and referrals to pregnant women; and

‘‘(iii) that is a nonprofit private entity.

‘‘(B) The term ‘designated staff’, with respect to an

eligible health center, means staff of the center who provide

pregnancy or adoption information and referrals (or will

provide such information and referrals after receiving

training under a grant under paragraph (1)).

‘‘(C) The term ‘eligible health centers’ means public

and nonprofit private entities that provide health services

to pregnant women.

‘‘(5) TRAINING FOR CERTAIN ELIGIBLE HEALTH CENTERS.—

A condition for the receipt of a grant under paragraph (1)

is that the adoption organization involved agree to make reasonable efforts to ensure that the eligible health centers with

respect to which training under the grant is provided include—

‘‘(A) eligible health centers that receive grants under

section 1001 (relating to voluntary family planning

projects);

‘‘(B) eligible health centers that receive grants under

section 330 (relating to community health centers, migrant

health centers, and centers regarding homeless individuals

and residents of public housing); and

‘‘(C) eligible health centers that receive grants under

this Act for the provision of services in schools.

‘‘(6) PARTICIPATION OF CERTAIN ELIGIBLE HEALTH CLINICS.—

In the case of eligible health centers that receive grants under

section 330 or 1001:

‘‘(A) Within a reasonable period after the Secretary

begins making grants under paragraph (1), the Secretary

shall provide eligible health centers with complete information about the training available from organizations

receiving grants under such paragraph. The Secretary shall

make reasonable efforts to encourage eligible health centers

to arrange for designated staff to participate in such

training. Such efforts shall affirm Federal requirements,

if any, that the eligible health center provide nondirective

counseling to pregnant women.

‘‘(B) All costs of such centers in obtaining the training

shall be reimbursed by the organization that provides the

training, using grants under paragraph (1).

‘‘(C) Not later than 1 year after the date of the enactment of the Children’s Health Act of 2000, the Secretary

shall submit to the appropriate committees of the Congress

a report evaluating the extent to which adoption information and referral, upon request, are provided by eligible

health centers. Within a reasonable time after training

under this section is initiated, the Secretary shall submit

to the appropriate committees of the Congress a report

evaluating the extent to which adoption information and

referral, upon request, are provided by eligible health centers in order to determine the effectiveness of such training

and the extent to which such training complies with subsection (a)(1). In preparing the reports required by this

subparagraph, the Secretary shall in no respect interpret

the provisions of this section to allow any interference

Reports.

Deadline.

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PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1135

in the provider-patient relationship, any breach of patient

confidentiality, or any monitoring or auditing of the counseling process or patient records which breaches patient

confidentiality or reveals patient identity. The reports

required by this subparagraph shall be conducted by the

Secretary acting through the Administrator of the Health

Resources and Services Administration and in collaboration

with the Director of the Agency for Healthcare Research

and Quality.

‘‘(b) APPLICATION FOR GRANT.—The Secretary may make a grant

under subsection (a) only if an application for the grant is submitted

to the Secretary and the application is in such form, is made

in such manner, and contains such agreements, assurances, and

information as the Secretary determines to be necessary to carry

out this section.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

Subtitle B—Special Needs Adoption

Awareness

SEC. 1211. SPECIAL NEEDS ADOPTION PROGRAMS; PUBLIC AWARENESS CAMPAIGN AND OTHER ACTIVITIES.

Subpart I of part D of title III of the Public Health Service

Act, as amended by section 1201 of this Act, is amended by adding

at the end the following section:

‘‘SEC. 330G. SPECIAL NEEDS ADOPTION PROGRAMS; PUBLIC AWARENESS CAMPAIGN AND OTHER ACTIVITIES.

‘‘(a) SPECIAL NEEDS ADOPTION AWARENESS CAMPAIGN.—

‘‘(1) IN GENERAL.—The Secretary shall, through making

grants to nonprofit private entities, provide for the planning,

development, and carrying out of a national campaign to provide information to the public regarding the adoption of children

with special needs.

‘‘(2) INPUT ON PLANNING AND DEVELOPMENT.—In providing

for the planning and development of the national campaign

under paragraph (1), the Secretary shall provide for input from

a number and variety of adoption organizations throughout

the States in order that the full national diversity of interests

among adoption organizations is represented in the planning

and development of the campaign.

‘‘(3) CERTAIN FEATURES.—With respect to the national campaign under paragraph (1):

‘‘(A) The campaign shall be directed at various populations, taking into account as appropriate differences

among geographic regions, and shall be carried out in the

language and cultural context that is most appropriate

to the population involved.

‘‘(B) The means through which the campaign may be

carried out include—

‘‘(i) placing public service announcements on television, radio, and billboards; and

Grants.

42 USC 254c–7.

114 STAT. 1136 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(ii) providing information through means that the

Secretary determines will reach individuals who are

most likely to adopt children with special needs.

‘‘(C) The campaign shall provide information on the

subsidies and supports that are available to individuals

regarding the adoption of children with special needs.

‘‘(D) The Secretary may provide that the placement

of public service announcements, and the dissemination

of brochures and other materials, is subject to review by

the Secretary.

‘‘(4) MATCHING REQUIREMENT.—

‘‘(A) IN GENERAL.—With respect to the costs of the

activities to be carried out by an entity pursuant to paragraph (1), a condition for the receipt of a grant under

such paragraph is that the entity agree to make available

(directly or through donations from public or private entities) non-Federal contributions toward such costs in an

amount that is not less than 25 percent of such costs.

‘‘(B) DETERMINATION OF AMOUNT CONTRIBUTED.—NonFederal contributions under subparagraph (A) may be in

cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant

extent by the Federal Government, may not be included

in determining the amount of such contributions.

‘‘(b) NATIONAL RESOURCES PROGRAM.—The Secretary shall

(directly or through grant or contract) carry out a program that,

through toll-free telecommunications, makes available to the public

information regarding the adoption of children with special needs.

Such information shall include the following:

‘‘(1) A list of national, State, and regional organizations

that provide services regarding such adoptions, including

exchanges and other information on communicating with the

organizations. The list shall represent the full national diversity

of adoption organizations.

‘‘(2) Information beneficial to individuals who adopt such

children, including lists of support groups for adoptive parents

and other postadoptive services.

‘‘(c) OTHER PROGRAMS.—With respect to the adoption of children

with special needs, the Secretary shall make grants—

‘‘(1) to provide assistance to support groups for adoptive

parents, adopted children, and siblings of adopted children;

and

‘‘(2) to carry out studies to identify—

‘‘(A) the barriers to completion of the adoption process;

and

‘‘(B) those components that lead to favorable long-term

outcomes for families that adopt children with special

needs.

‘‘(d) APPLICATION FOR GRANT.—The Secretary may make an

award of a grant or contract under this section only if an application

for the award is submitted to the Secretary and the application

is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines

to be necessary to carry out this section.

Grants.

Grants.

Contracts.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1137

‘‘(e) FUNDING.—For the purpose of carrying out this section,

there are authorized to be appropriated such sums as may be

necessary for each of the fiscal years 2001 through 2005.’’.

TITLE XIII—TRAUMATIC BRAIN INJURY

SEC. 1301. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND

PREVENTION.

(a) IN GENERAL.—Section 393A of the Public Health Service

Act (42 U.S.C. 280b–1b) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking ‘‘and’’ at the end;

(B) in paragraph (2), by striking the period and

inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(3) the implementation of a national education and awareness campaign regarding such injury (in conjunction with the

program of the Secretary regarding health-status goals for 2010,

commonly referred to as Healthy People 2010), including—

‘‘(A) the national dissemination of information on—

‘‘(i) incidence and prevalence; and

‘‘(ii) information relating to traumatic brain injury

and the sequelae of secondary conditions arising from

traumatic brain injury upon discharge from hospitals

and trauma centers; and

‘‘(B) the provision of information in primary care settings, including emergency rooms and trauma centers, concerning the availability of State level services and

resources.’’;

(2) in subsection (d)—

(A) in the second sentence, by striking ‘‘anoxia due

to near drowning.’’ and inserting ‘‘anoxia due to trauma.’’;

and

(B) in the third sentence, by inserting before the period

the following: ‘‘, after consultation with States and other

appropriate public or nonprofit private entities’’.

(b) NATIONAL REGISTRY.—Part J of title III of the Public Health

Service Act (42 U.S.C. 280b et seq.) is amended by inserting after

section 393A the following section:

‘‘NATIONAL PROGRAM FOR TRAUMATIC BRAIN INJURY REGISTRIES

‘‘SEC. 393B. (a) IN GENERAL.—The Secretary, acting through

the Director of the Centers for Disease Control and Prevention,

may make grants to States or their designees to operate the State’s

traumatic brain injury registry, and to academic institutions to

conduct applied research that will support the development of such

registries, to collect data concerning—

‘‘(1) demographic information about each traumatic brain

injury;

‘‘(2) information about the circumstances surrounding the

injury event associated with each traumatic brain injury;

‘‘(3) administrative information about the source of the

collected information, dates of hospitalization and treatment,

and the date of injury; and

‘‘(4) information characterizing the clinical aspects of the

traumatic brain injury, including the severity of the injury,

42 USC 280b–1c.

114 STAT. 1138 PUBLIC LAW 106–310—OCT. 17, 2000

outcomes of the injury, the types of treatments received, and

the types of services utilized.’’.

SEC. 1302. STUDY AND MONITOR INCIDENCE AND PREVALENCE.

Section 4 of Public Law 104–166 (42 U.S.C. 300d–61 note)

is amended—

(1) in subsection (a)(1)(A)—

(A) by striking clause (i) and inserting the following:

‘‘(i)(I) determine the incidence and prevalence of

traumatic brain injury in all age groups in the general

population of the United States, including institutional

settings; and

‘‘(II) determine appropriate methodological strategies to obtain data on the incidence and prevalence

of mild traumatic brain injury and report to Congress

concerning such within 18 months of the date of the

enactment of the Children’s Health Act of 2000; and’’;

and

(B) in clause (ii), by striking ‘‘, if the Secretary determines that such a system is appropriate’’;

(2) in subsection (a)(1)(B)(i), by inserting ‘‘, including return

to work or school and community participation,’’ after ‘‘functioning’’; and

(3) in subsection (d), to read as follows:

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for each of the fiscal years 2001 through 2005.’’.

SEC. 1303. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.

(a) INTERAGENCY PROGRAM.—Section 1261(d)(4) of the Public

Health Service Act (42 U.S.C. 300d–61(d)(4)) is amended—

(1) in subparagraph (A), by striking ‘‘degree of injury’’

and inserting ‘‘degree of brain injury’’;

(2) in subparagraph (B), by striking ‘‘acute injury’’ and

inserting ‘‘acute brain injury’’; and

(3) in subparagraph (D), by striking ‘‘injury treatment’’

and inserting ‘‘brain injury treatment’’.

(b) DEFINITION.—Section 1261(h)(4) of the Public Health Service

Act (42 U.S.C. 300d–61(h)(4)) is amended—

(1) in the second sentence, by striking ‘‘anoxia due to near

drowning.’’ and inserting ‘‘anoxia due to trauma.’’; and

(2) in the third sentence, by inserting before the period

the following: ‘‘, after consultation with States and other appropriate public or nonprofit private entities’’.

(c) RESEARCH ON COGNITIVE AND NEUROBEHAVIORAL DISORDERS

ARISING FROM TRAUMATIC BRAIN INJURY.—Section 1261(d)(4) of

the Public Health Service Act (42 U.S.C. 300d–61(d)(4)) is

amended—

(1) in subparagraph (C), by striking ‘‘and’’ after the semicolon at the end;

(2) in subparagraph (D), by striking the period at the

end and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(E) carrying out subparagraphs (A) through (D) with

respect to cognitive disorders and neurobehavioral consequences arising from traumatic brain injury, including

the development, modification, and evaluation of therapies

and programs of rehabilitation toward reaching or restoring

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1139

normal capabilities in areas such as reading, comprehension, speech, reasoning, and deduction.’’.

(d) AUTHORIZATION OF APPROPRIATIONS.—Section 1261 of the

Public Health Service Act (42 U.S.C. 300d–61) is amended by adding

at the end the following:

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

SEC. 1304. PROGRAMS OF HEALTH RESOURCES AND SERVICES

ADMINISTRATION.

Section 1252 of the Public Health Service Act (42 U.S.C. 300d–

51) is amended—

(1) in the section heading by striking ‘‘demonstration’’;

(2) in subsection (a), by striking ‘‘demonstration’’;

(3) in subsection (b)(3)—

(A) in subparagraph (A)(iv), by striking ‘‘representing

traumatic brain injury survivors’’ and inserting ‘‘representing individuals with traumatic brain injury’’; and

(B) in subparagraph (B), by striking ‘‘who are survivors

of’’ and inserting ‘‘with’’;

(4) in subsection (c)—

(A) in paragraph (1), by striking ‘‘, in cash,’’; and

(B) in paragraph (2), by amending the paragraph to

read as follows:

‘‘(2) DETERMINATION OF AMOUNT CONTRIBUTED.—Non-Federal contributions under paragraph (1) may be in cash or in

kind, fairly evaluated, including plant, equipment, or services.

Amounts provided by the Federal Government, or services

assisted or subsidized to any significant extent by the Federal

Government, may not be included in determining the amount

of such contributions.’’;

(5) by redesignating subsections (e) through (h) as subsections (g) through ( j), respectively;

(6) by inserting after subsection (d) the following subsections:

‘‘(e) CONTINUATION OF PREVIOUSLY AWARDED DEMONSTRATION

PROJECTS.—A State that received a grant under this section prior

to the date of the enactment of the Children’s Health Act of 2000

may compete for new project grants under this section after such

date of the enactment.

‘‘(f ) USE OF STATE GRANTS.—

‘‘(1) COMMUNITY SERVICES AND SUPPORTS.—A State shall

(directly or through awards of contracts to nonprofit private

entities) use amounts received under a grant under this section

for the following:

‘‘(A) To develop, change, or enhance community-based

service delivery systems that include timely access to comprehensive appropriate services and supports. Such service

and supports—

‘‘(i) shall promote full participation by individuals

with brain injury and their families in decision making

regarding the services and supports; and

‘‘(ii) shall be designed for children and other

individuals with traumatic brain injury.

42 USC 300d–52.

114 STAT. 1140 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(B) To focus on outreach to underserved and inappropriately served individuals, such as individuals in institutional settings, individuals with low socioeconomic

resources, individuals in rural communities, and individuals in culturally and linguistically diverse communities.

‘‘(C) To award contracts to nonprofit entities for consumer or family service access training, consumer support,

peer mentoring, and parent to parent programs.

‘‘(D) To develop individual and family service coordination or case management systems.

‘‘(E) To support other needs identified by the advisory

board under subsection (b) for the State involved.

‘‘(2) BEST PRACTICES.—

‘‘(A) IN GENERAL.—State services and supports provided under a grant under this section shall reflect the

best practices in the field of traumatic brain injury, shall

be in compliance with title II of the Americans with Disabilities Act of 1990, and shall be supported by quality assurance measures as well as state-of-the-art health care and

integrated community supports, regardless of the severity

of injury.

‘‘(B) DEMONSTRATION BY STATE AGENCY.—The State

agency responsible for administering amounts received

under a grant under this section shall demonstrate that

it has obtained knowledge and expertise of traumatic brain

injury and the unique needs associated with traumatic

brain injury.

‘‘(3) STATE CAPACITY BUILDING.—A State may use amounts

received under a grant under this section to—

‘‘(A) educate consumers and families;

‘‘(B) train professionals in public and private sector

financing (such as third party payers, State agencies,

community-based providers, schools, and educators);

‘‘(C) develop or improve case management or service

coordination systems;

‘‘(D) develop best practices in areas such as family

or consumer support, return to work, housing or supportive

living personal assistance services, assistive technology and

devices, behavioral health services, substance abuse services, and traumatic brain injury treatment and rehabilitation;

‘‘(E) tailor existing State systems to provide accommodations to the needs of individuals with brain injury

(including systems administered by the State departments

responsible for health, mental health, labor/employment,

education, mental retardation /developmental disorders,

transportation, and correctional systems);

‘‘(F) improve data sets coordinated across systems and

other needs identified by a State plan supported by its

advisory council; and

‘‘(G) develop capacity within targeted communities.’’;

(7) in subsection (g) (as so redesignated), by striking ‘‘agencies of the Public Health Service’’ and inserting ‘‘Federal agencies’’;

(8) in subsection (i) (as redesignated by paragraph (3))—

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1141

(A) in the second sentence, by striking ‘‘anoxia due

to near drowning.’’ and inserting ‘‘anoxia due to trauma.’’;

and

(B) in the third sentence, by inserting before the period

the following: ‘‘, after consultation with States and other

appropriate public or nonprofit private entities’’; and

(9) in subsection ( j) (as so redesignated), by amending

the subsection to read as follows:

‘‘( j) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

SEC. 1305. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES.

Part E of title XII of the Public Health Service Act (42 U.S.C.

300d–51 et seq.) is amended by adding at the end the following:

‘‘SEC. 1253. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES.

‘‘(a) IN GENERAL.—The Secretary, acting through the Administrator of the Health Resources and Services Administration

(referred to in this section as the ‘Administrator’), shall make grants

to protection and advocacy systems for the purpose of enabling

such systems to provide services to individuals with traumatic

brain injury.

‘‘(b) SERVICES PROVIDED.—Services provided under this section

may include the provision of—

‘‘(1) information, referrals, and advice;

‘‘(2) individual and family advocacy;

‘‘(3) legal representation; and

‘‘(4) specific assistance in self-advocacy.

‘‘(c) APPLICATION.—To be eligible to receive a grant under this

section, a protection and advocacy system shall submit an application to the Administrator at such time, in such form and manner,

and accompanied by such information and assurances as the

Administrator may require.

‘‘(d) APPROPRIATIONS LESS THAN $2,700,000.—

‘‘(1) IN GENERAL.—With respect to any fiscal year in which

the amount appropriated under subsection (i) to carry out this

section is less than $2,700,000, the Administrator shall make

grants from such amount to individual protection and advocacy

systems within States to enable such systems to plan for,

develop outreach strategies for, and carry out services authorized under this section for individuals with traumatic brain

injury.

‘‘(2) AMOUNT.—The amount of each grant provided under

paragraph (1) shall be determined as set forth in paragraphs

(2) and (3) of subsection (e).

‘‘(e) APPROPRIATIONS OF $2,700,000 OR MORE.—

‘‘(1) POPULATION BASIS.—Except as provided in paragraph

(2), with respect to each fiscal year in which the amount appropriated under subsection (i) to carry out this section is

$2,700,000 or more, the Administrator shall make a grant

to a protection and advocacy system within each State.

‘‘(2) AMOUNT.—The amount of a grant provided to a system

under paragraph (1) shall be equal to an amount bearing the

same ratio to the total amount appropriated for the fiscal

42 USC 300d–53.

114 STAT. 1142 PUBLIC LAW 106–310—OCT. 17, 2000

year involved under subsection (i) as the population of the

State in which the grantee is located bears to the population

of all States.

‘‘(3) MINIMUMS.—Subject to the availability of appropriations, the amount of a grant a protection and advocacy system

under paragraph (1) for a fiscal year shall—

‘‘(A) in the case of a protection and advocacy system

located in American Samoa, Guam, the United States

Virgin Islands, or the Commonwealth of the Northern Mariana Islands, and the protection and advocacy system

serving the American Indian consortium, not be less than

$20,000; and

‘‘(B) in the case of a protection and advocacy system

in a State not described in subparagraph (A), not be less

than $50,000.

‘‘(4) INFLATION ADJUSTMENT.—For each fiscal year in which

the total amount appropriated under subsection (i) to carry

out this section is $5,000,000 or more, and such appropriated

amount exceeds the total amount appropriated to carry out

this section in the preceding fiscal year, the Administrator

shall increase each of the minimum grants amount described

in subparagraphs (A) and (B) of paragraph (3) by a percentage

equal to the percentage increase in the total amount appropriated under subsection (i) to carry out this section between

the preceding fiscal year and the fiscal year involved.

‘‘(f ) CARRYOVER.—Any amount paid to a protection and

advocacy system that serves a State or the American Indian consortium for a fiscal year under this section that remains unobligated

at the end of such fiscal year shall remain available to such system

for obligation during the next fiscal year for the purposes for which

such amount was originally provided.

‘‘(g) DIRECT PAYMENT.—Notwithstanding any other provision

of law, the Administrator shall pay directly to any protection and

advocacy system that complies with the provisions of this section,

the total amount of the grant for such system, unless the system

provides otherwise for such payment.

‘‘(h) ANNUAL REPORT.—Each protection and advocacy system

that receives a payment under this section shall submit an annual

report to the Administrator concerning the services provided to

individuals with traumatic brain injury by such system.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $5,000,000 for fiscal

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

years 2002 through 2005.

‘‘( j) DEFINITIONS.—In this section:

‘‘(1) AMERICAN INDIAN CONSORTIUM.—The term ‘American

Indian consortium’ means a consortium established under part

C of the Developmental Disabilities Assistance Bill of Rights

Act (42 U.S.C. 6042 et seq.).

‘‘(2) PROTECTION AND ADVOCACY SYSTEM.—The term ‘protection and advocacy system’ means a protection and advocacy

system established under part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042 et

seq.).

‘‘(3) STATE.—The term ‘State’, unless otherwise specified,

means the several States of the United States, the District

of Columbia, the Commonwealth of Puerto Rico, the United

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1143

States Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands.’’.

SEC. 1306. AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN PROGRAMS.

Section 394A of the Public Health Service Act (42 U.S.C. 280b–

3) is amended by striking ‘‘and’’ after ‘‘1994’’ and by inserting

before the period the following: ‘‘, and such sums as may be necessary for each of the fiscal years 2001 through 2005.’’.

TITLE XIV—CHILD CARE SAFETY AND

HEALTH GRANTS

SEC. 1401. DEFINITIONS.

In this title:

(1) CHILD WITH A DISABILITY; INFANT OR TODDLER WITH

A DISABILITY.—The terms ‘‘child with a disability’’ and ‘‘infant

or toddler with a disability’’ have the meanings given the terms

in sections 602 and 632 of the Individuals with Disabilities

Education Act (20 U.S.C. 1401 and 1431).

(2) ELIGIBLE CHILD CARE PROVIDER.—The term ‘‘eligible

child care provider’’ means a provider of child care services

for compensation, including a provider of care for a schoolage child during non-school hours, that—

(A) is licensed, regulated, registered, or otherwise

legally operating, under State and local law; and

(B) satisfies the State and local requirements,

applicable to the child care services the provider provides.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Health and Human Services.

(4) STATE.—The term ‘‘State’’ means any of the several

States of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin

Islands, Guam, American Samoa, and the Commonwealth of

the Northern Mariana Islands.

SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this title $200,000,000 for fiscal year 2001, and such sums as may be necessary for each subsequent fiscal year.

SEC. 1403. PROGRAMS.

The Secretary shall make allotments to eligible States under

section 1404. The Secretary shall make the allotments to enable

the States to establish programs to improve the health and safety

of children receiving child care outside the home, by preventing

illnesses and injuries associated with that care and promoting the

health and well-being of children receiving that care.

SEC. 1404. AMOUNTS RESERVED; ALLOTMENTS.

(a) AMOUNTS RESERVED.—The Secretary shall reserve not more

than one-half of 1 percent of the amount appropriated under section

1402 for each fiscal year to make allotments to Guam, American

Samoa, the United States Virgin Islands, and the Commonwealth

of the Northern Mariana Islands to be allotted in accordance with

their respective needs.

(b) STATE ALLOTMENTS.—

42 USC 9859c.

42 USC 9859b.

42 USC 9859a.

42 USC 9859.

114 STAT. 1144 PUBLIC LAW 106–310—OCT. 17, 2000

(1) GENERAL RULE.—From the amounts appropriated under

section 1402 for each fiscal year and remaining after reservations are made under subsection (a), the Secretary shall allot

to each State an amount equal to the sum of—

(A) an amount that bears the same ratio to 50 percent

of such remainder as the product of the young child factor

of the State and the allotment percentage of the State

bears to the sum of the corresponding products for all

States; and

(B) an amount that bears the same ratio to 50 percent

of such remainder as the product of the school lunch factor

of the State and the allotment percentage of the State

bears to the sum of the corresponding products for all

States.

(2) YOUNG CHILD FACTOR.—In this subsection, the term

‘‘young child factor’’ means the ratio of the number of children

under 5 years of age in a State to the number of such children

in all States, as provided by the most recent annual estimates

of population in the States by the Census Bureau of the Department of Commerce.

(3) SCHOOL LUNCH FACTOR.—In this subsection, the term

‘‘school lunch factor’’ means the ratio of the number of children

who are receiving free or reduced price lunches under the

school lunch program established under the National School

Lunch Act (42 U.S.C. 1751 et seq.) in the State to the number

of such children in all States, as determined annually by the

Department of Agriculture.

(4) ALLOTMENT PERCENTAGE.—

(A) IN GENERAL.—For purposes of this subsection, the

allotment percentage for a State shall be determined by

dividing the per capita income of all individuals in the

United States, by the per capita income of all individuals

in the State.

(B) LIMITATIONS.—If an allotment percentage determined under subparagraph (A) for a State—

(i) is more than 1.2 percent, the allotment percentage of the State shall be considered to be 1.2 percent;

and

(ii) is less than 0.8 percent, the allotment percentage of the State shall be considered to be 0.8 percent.

(C) PER CAPITA INCOME.—For purposes of subparagraph (A), per capita income shall be—

(i) determined at 2-year intervals;

(ii) applied for the 2-year period beginning on

October 1 of the first fiscal year beginning after the

date such determination is made; and

(iii) equal to the average of the annual per capita

incomes for the most recent period of 3 consecutive

years for which satisfactory data are available from

the Department of Commerce on the date such determination is made.

(c) DATA AND INFORMATION.—The Secretary shall obtain from

each appropriate Federal agency, the most recent data and information necessary to determine the allotments provided for in subsection (b).

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1145

(d) DEFINITION.—In this section, the term ‘‘State’’ includes only

the several States of the United States, the District of Columbia,

and the Commonwealth of Puerto Rico.

SEC. 1405. STATE APPLICATIONS.

To be eligible to receive an allotment under section 1404, a

State shall submit an application to the Secretary at such time,

in such manner, and containing such information as the Secretary

may require. The application shall contain information assessing

the needs of the State with regard to child care health and safety,

the goals to be achieved through the program carried out by the

State under this title, and the measures to be used to assess

the progress made by the State toward achieving the goals.

SEC. 1406. USE OF FUNDS.

(a) IN GENERAL.—A State that receives an allotment under

section 1404 shall use the funds made available through the allotment to carry out two or more activities consisting of—

(1) providing training and education to eligible child care

providers on preventing injuries and illnesses in children, and

promoting health-related practices;

(2) strengthening licensing, regulation, or registration

standards for eligible child care providers;

(3) assisting eligible child care providers in meeting

licensing, regulation, or registration standards, including

rehabilitating the facilities of the providers, in order to bring

the facilities into compliance with the standards;

(4) enforcing licensing, regulation, or registration standards

for eligible child care providers, including holding increased

unannounced inspections of the facilities of those providers;

(5) providing health consultants to provide advice to eligible

child care providers;

(6) assisting eligible child care providers in enhancing the

ability of the providers to serve children with disabilities and

infants and toddlers with disabilities;

(7) conducting criminal background checks for eligible child

care providers and other individuals who have contact with

children in the facilities of the providers;

(8) providing information to parents on what factors to

consider in choosing a safe and healthy child care setting;

or

(9) assisting in improving the safety of transportation practices for children enrolled in child care programs with eligible

child care providers.

(b) SUPPLEMENT, NOT SUPPLANT.—Funds appropriated pursuant to the authority of this title shall be used to supplement

and not supplant other Federal, State, and local public funds

expended to provide services for eligible individuals.

SEC. 1407. REPORTS.

Each State that receives an allotment under section 1404 shall

annually prepare and submit to the Secretary a report that

describes—

(1) the activities carried out with funds made available

through the allotment; and

(2) the progress made by the State toward achieving the

goals described in the application submitted by the State under

section 1405.

42 USC 9859f.

42 USC 9859e.

42 USC 9859d.

114 STAT. 1146 PUBLIC LAW 106–310—OCT. 17, 2000

TITLE XV—HEALTHY START INITIATIVE

SEC. 1501. CONTINUATION OF HEALTHY START PROGRAM.

Subpart I of part D of title III of the Public Health Service

Act, as amended by section 1211 of this Act, is amended by adding

at the end the following section:

‘‘SEC. 330H. HEALTHY START FOR INFANTS.

‘‘(a) IN GENERAL.—

‘‘(1) CONTINUATION AND EXPANSION OF PROGRAM.—The Secretary, acting through the Administrator of the Health

Resources and Services Administration, Maternal and Child

Health Bureau, shall under authority of this section continue

in effect the Healthy Start Initiative and may, during fiscal

year 2001 and subsequent years, carry out such program on

a national basis.

‘‘(2) DEFINITION.—For purposes of paragraph (1), the term

‘Healthy Start Initiative’ is a reference to the program that,

as an initiative to reduce the rate of infant mortality and

improve perinatal outcomes, makes grants for project areas

with high annual rates of infant mortality and that, prior

to the effective date of this section, was a demonstration program carried out under section 301.

‘‘(3) ADDITIONAL GRANTS.—Effective upon increased funding

beyond fiscal year 1999 for such Initiative, additional grants

may be made to States to assist communities with technical

assistance, replication of successful projects, and State policy

formation to reduce infant and maternal mortality and morbidity.

‘‘(b) REQUIREMENTS FOR MAKING GRANTS.—In making grants

under subsection (a), the Secretary shall require that applicants

(in addition to meeting all eligibility criteria established by the

Secretary) establish, for project areas under such subsection,

community-based consortia of individuals and organizations

(including agencies responsible for administering block grant programs under title V of the Social Security Act, consumers of project

services, public health departments, hospitals, health centers under

section 330, and other significant sources of health care services)

that are appropriate for participation in projects under subsection

(a).

‘‘(c) COORDINATION.—Recipients of grants under subsection (a)

shall coordinate their services and activities with the State agency

or agencies that administer block grant programs under title V

of the Social Security Act in order to promote cooperation, integration, and dissemination of information with Statewide systems and

with other community services funded under the Maternal and

Child Health Block Grant.

‘‘(d) RULE OF CONSTRUCTION.—Except to the extent inconsistent

with this section, this section may not be construed as affecting

the authority of the Secretary to make modifications in the program

carried out under subsection (a).

‘‘(e) ADDITIONAL SERVICES FOR AT-RISK PREGNANT WOMEN AND

INFANTS.—

‘‘(1) IN GENERAL.—The Secretary may make grants to conduct and support research and to provide additional health

care services for pregnant women and infants, including grants

42 USC 254c–8.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1147

to increase access to prenatal care, genetic counseling,

ultrasound services, and fetal or other surgery.

‘‘(2) ELIGIBLE PROJECT AREA.—The Secretary may make

a grant under paragraph (1) only if the geographic area in

which services under the grant will be provided is a geographic

area in which a project under subsection (a) is being carried

out, and if the Secretary determines that the grant will add

to or expand the level of health services available in such

area to pregnant women and infants.

‘‘(3) EVALUATION BY GENERAL ACCOUNTING OFFICE.—

‘‘(A) IN GENERAL.—During fiscal year 2004, the Comptroller General of the United States shall conduct an

evaluation of activities under grants under paragraph (1)

in order to determine whether the activities have been

effective in serving the needs of pregnant women with

respect to services described in such paragraph. The evaluation shall include an analysis of whether such activities

have been effective in reducing the disparity in health

status between the general population and individuals who

are members of racial or ethnic minority groups. Not later

than January 10, 2004, the Comptroller General shall

submit to the Committee on Commerce in the House of

Representatives, and to the Committee on Health, Education, Labor, and Pensions in the Senate, a report

describing the findings of the evaluation.

‘‘(B) RELATION TO GRANTS REGARDING ADDITIONAL SERVICES FOR AT-RISK PREGNANT WOMEN AND INFANTS.—Before

the date on which the evaluation under subparagraph (A)

is submitted in accordance with such subparagraph—

‘‘(i) the Secretary shall ensure that there are not

more than five grantees under paragraph (1); and

‘‘(ii) an entity is not eligible to receive grants under

such paragraph unless the entity has substantial

experience in providing the health services described

in such paragraph.

‘‘(f ) FUNDING.—

‘‘(1) GENERAL PROGRAM.—

‘‘(A) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out this section (other than subsection

(e)), there are authorized to be appropriated such sums

as may be necessary for each of the fiscal years 2001

through 2005.

‘‘(B) ALLOCATIONS.—

‘‘(i) PROGRAM ADMINISTRATION.—Of the amounts

appropriated under subparagraph (A) for a fiscal year,

the Secretary may reserve up to 5 percent for coordination, dissemination, technical assistance, and data

activities that are determined by the Secretary to be

appropriate for carrying out the program under this

section.

‘‘(ii) EVALUATION.—Of the amounts appropriated

under subparagraph (A) for a fiscal year, the Secretary

may reserve up to 1 percent for evaluations of projects

carried out under subsection (a). Each such evaluation

shall include a determination of whether such projects

have been effective in reducing the disparity in health

Deadline.

114 STAT. 1148 PUBLIC LAW 106–310—OCT. 17, 2000

status between the general population and individuals

who are members of racial or ethnic minority groups.

‘‘(2) ADDITIONAL SERVICES FOR AT-RISK PREGNANT WOMEN

AND INFANTS.—

‘‘(A) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out subsection (e), there are authorized

to be appropriated such sums as may be necessary for

each of the fiscal years 2001 through 2005.

‘‘(B) ALLOCATION FOR COMMUNITY-BASED MOBILE

HEALTH UNITS.—Of the amounts appropriated under

subparagraph (A) for a fiscal year, the Secretary shall

make available not less than 10 percent for providing services under subsection (e) (including ultrasound services)

through visits by mobile units to communities that are

eligible for services under subsection (a).’’.

TITLE XVI—ORAL HEALTH PROMOTION

AND DISEASE PREVENTION

SEC. 1601. IDENTIFICATION OF INTERVENTIONS THAT REDUCE THE

BURDEN AND TRANSMISSION OF ORAL, DENTAL, AND

CRANIOFACIAL DISEASES IN HIGH RISK POPULATIONS;

DEVELOPMENT OF APPROACHES FOR PEDIATRIC ORAL

AND CRANIOFACIAL ASSESSMENT.

(a) IN GENERAL.—The Secretary of Health and Human Services,

through the Maternal and Child Health Bureau, the Indian Health

Service, and in consultation with the National Institutes of Health

and the Centers for Disease Control and Prevention, shall—

(1) support community-based research that is designed to

improve understanding of the etiology, pathogenesis, diagnosis,

prevention, and treatment of pediatric oral, dental, craniofacial

diseases and conditions and their sequelae in high risk populations;

(2) support demonstrations of preventive interventions in

high risk populations including nutrition, parenting, and

feeding techniques; and

(3) develop clinical approaches to assess individual patients

for the risk of pediatric dental disease.

(b) COMPLIANCE WITH STATE PRACTICE LAWS.—Treatment and

other services shall be provided pursuant to this section by licensed

dental health professionals in accordance with State practice and

licensing laws.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

this section for each the fiscal years 2001 through 2005.

SEC. 1602. ORAL HEALTH PROMOTION AND DISEASE PREVENTION.

Part B of title III of the Public Health Service Act, as amended

by section 911 of this Act, is amended by inserting after section

317L the following section:

‘‘ORAL HEALTH PROMOTION AND DISEASE PREVENTION

‘‘SEC. 317M. (a) GRANTS TO INCREASE RESOURCES FOR COMMUNITY WATER FLUORIDATION.—42 USC 247b–14.

42 USC 247b–

14a.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1149

‘‘(1) IN GENERAL.—The Secretary, acting through the

Director of the Centers for Disease Control and Prevention,

may make grants to States and Indian tribes for the purpose

of increasing the resources available for community water

fluoridation.

‘‘(2) USE OF FUNDS.—A State shall use amounts provided

under a grant under paragraph (1)—

‘‘(A) to purchase fluoridation equipment;

‘‘(B) to train fluoridation engineers;

‘‘(C) to develop educational materials on the benefits

of fluoridation; or

‘‘(D) to support the infrastructure necessary to monitor

and maintain the quality of water fluoridation.

‘‘(b) COMMUNITY WATER FLUORIDATION.—

‘‘(1) IN GENERAL.—The Secretary, acting through the

Director of the Centers for Disease Control and Prevention

and in collaboration with the Director of the Indian Health

Service, shall establish a demonstration project that is designed

to assist rural water systems in successfully implementing the

water fluoridation guidelines of the Centers for Disease Control

and Prevention that are entitled ‘Engineering and Administrative Recommendations for Water Fluoridation, 1995’ (referred

to in this subsection as the ‘EARWF’).

‘‘(2) REQUIREMENTS.—

‘‘(A) COLLABORATION.—In collaborating under paragraph (1), the Directors referred to in such paragraph

shall ensure that technical assistance and training are

provided to tribal programs located in each of the 12 areas

of the Indian Health Service. The Director of the Indian

Health Service shall provide coordination and administrative support to tribes under this section.

‘‘(B) GENERAL USE OF FUNDS.—Amounts made available

under paragraph (1) shall be used to assist small water

systems in improving the effectiveness of water fluoridation

and to meet the recommendations of the EARWF.

‘‘(C) FLUORIDATION SPECIALISTS.—

‘‘(i) IN GENERAL.—In carrying out this subsection,

the Secretary shall provide for the establishment of

fluoridation specialist engineering positions in each of

the Dental Clinical and Preventive Support Centers

through which technical assistance and training will

be provided to tribal water operators, tribal utility

operators and other Indian Health Service personnel

working directly with fluoridation projects.

‘‘(ii) LIAISON.—A fluoridation specialist shall serve

as the principal technical liaison between the Indian

Health Service and the Centers for Disease Control

and Prevention with respect to engineering and fluoridation issues.

‘‘(iii) CDC.—The Director of the Centers for Disease Control and Prevention shall appoint individuals

to serve as the fluoridation specialists.

‘‘(D) IMPLEMENTATION.—The project established under

this subsection shall be planned, implemented and evaluated over the 5-year period beginning on the date on which

funds are appropriated under this section and shall be

Establishment.

114 STAT. 1150 PUBLIC LAW 106–310—OCT. 17, 2000

designed to serve as a model for improving the effectiveness

of water fluoridation systems of small rural communities.

‘‘(3) EVALUATION.—In conducting the ongoing evaluation

as provided for in paragraph (2)(D), the Secretary shall ensure

that such evaluation includes—

‘‘(A) the measurement of changes in water fluoridation

compliance levels resulting from assistance provided under

this section;

‘‘(B) the identification of the administrative, technical

and operational challenges that are unique to the fluoridation of small water systems;

‘‘(C) the development of a practical model that may

be easily utilized by other tribal, State, county or local

governments in improving the quality of water fluoridation

with emphasis on small water systems; and

‘‘(D) the measurement of any increased percentage of

Native Americans or Alaskan Natives who receive the benefits of optimally fluoridated water.

‘‘(c) SCHOOL-BASED DENTAL SEALANT PROGRAM.—

‘‘(1) IN GENERAL.—The Secretary, acting through the

Director of the Centers for Disease Control and Prevention

and in collaboration with the Administrator of the Health

Resources and Services Administration, may award grants to

States and Indian tribes to provide for the development of

school-based dental sealant programs to improve the access

of children to sealants.

‘‘(2) USE OF FUNDS.—A State shall use amounts received

under a grant under paragraph (1) to provide funds to eligible

school-based entities or to public elementary or secondary

schools to enable such entities or schools to provide children

with access to dental care and dental sealant services. Such

services shall be provided by licensed dental health professionals in accordance with State practice licensing laws.

‘‘(3) ELIGIBILITY.—To be eligible to receive funds under

paragraph (1), an entity shall—

‘‘(A) prepare and submit to the State an application

at such time, in such manner and containing such information as the State may require; and

‘‘(B) be a public elementary or secondary school—

‘‘(i) that is located in an urban area in which

and more than 50 percent of the student population

is participating in Federal or State free or reduced

meal programs; or

‘‘(ii) that is located in a rural area and, with respect

to the school district in which the school is located,

the district involved has a median income that is at

or below 235 percent of the poverty line, as defined

in section 673(2) of the Community Services Block

Grant Act (42 U.S.C. 9902(2)).

‘‘(d) DEFINITIONS.—For purposes of this section, the term ‘Indian

tribe’ means an Indian tribe or tribal organization as defined in

section 4(b) and section 4(c) of the Indian Self-Determination and

Education Assistance Act.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1151

SEC. 1603. COORDINATED PROGRAM TO IMPROVE PEDIATRIC ORAL

HEALTH.

Part B of the Public Health Service Act (42 U.S.C. 243 et

seq.) is amended by adding at the end the following:

‘‘COORDINATED PROGRAM TO IMPROVE PEDIATRIC ORAL HEALTH

‘‘SEC. 320A. (a) IN GENERAL.—The Secretary, acting through

the Administrator of the Health Resources and Services Administration, shall establish a program to fund innovative oral health activities that improve the oral health of children under 6 years of

age who are eligible for services provided under a Federal health

program, to increase the utilization of dental services by such

children, and to decrease the incidence of early childhood and

baby bottle tooth decay.

‘‘(b) GRANTS.—The Secretary shall award grants to or enter

into contracts with public or private nonprofit schools of dentistry

or accredited dental training institutions or programs, community

dental programs, and programs operated by the Indian Health

Service (including federally recognized Indian tribes that receive

medical services from the Indian Health Service, urban Indian

health programs funded under title V of the Indian Health Care

Improvement Act, and tribes that contract with the Indian Health

Service pursuant to the Indian Self-Determination and Education

Assistance Act) to enable such schools, institutions, and programs

to develop programs of oral health promotion, to increase training

of oral health services providers in accordance with State practice

laws, or to increase the utilization of dental services by eligible

children.

‘‘(c) DISTRIBUTION.—In awarding grants under this section, the

Secretary shall, to the extent practicable, ensure an equitable

national geographic distribution of the grants, including areas of

the United States where the incidence of early childhood caries

is highest.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $10,000,000 for each

the fiscal years 2001 through 2005.’’.

TITLE XVII—VACCINE-RELATED

PROGRAMS

Subtitle A—Vaccine Compensation

Program

SEC. 1701. CONTENT OF PETITIONS.

(a) IN GENERAL.—Section 2111(c)(1)(D) of the Public Health

Service Act (42 U.S.C. 300aa–11(c)(1)(D)) is amended by striking

‘‘and’’ at the end and inserting ‘‘or (iii) suffered such illness, disability, injury, or condition from the vaccine which resulted in

inpatient hospitalization and surgical intervention, and’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

takes effect upon the date of the enactment of this Act, including

with respect to petitions under section 2111 of the Public Health

Service Act that are pending on such date.

42 USC 300aa–

11 note.

Contracts.

42 USC 247d–1.

114 STAT. 1152 PUBLIC LAW 106–310—OCT. 17, 2000

Subtitle B—Childhood Immunizations

SEC. 1711. CHILDHOOD IMMUNIZATIONS.

Section 317( j)(1) of the Public Health Service Act (42 U.S.C.

247b( j)(1)) is amended in the first sentence by striking ‘‘1998’’

and all that follows and inserting ‘‘1998 through 2005.’’.

TITLE XVIII—HEPATITIS C

SEC. 1801. SURVEILLANCE AND EDUCATION REGARDING HEPATITIS

C.

Part B of title III of the Public Health Service Act, as amended

by section 1602 of this Act, is amended by inserting after section

317M the following section:

‘‘SURVEILLANCE AND EDUCATION REGARDING HEPATITIS C VIRUS

‘‘SEC. 317N. (a) IN GENERAL.—The Secretary, acting through

the Director of the Centers for Disease Control and Prevention,

may (directly and through grants to public and nonprofit private

entities) provide for programs to carry out the following:

‘‘(1) To cooperate with the States in implementing a

national system to determine the incidence of hepatitis C virus

infection (in this section referred to as ‘HCV infection’) and

to assist the States in determining the prevalence of such

infection, including the reporting of chronic HCV cases.

‘‘(2) To identify, counsel, and offer testing to individuals

who are at risk of HCV infection as a result of receiving

blood transfusions prior to July 1992, or as a result of other

risk factors.

‘‘(3) To provide appropriate referrals for counseling, testing,

and medical treatment of individuals identified under paragraph (2) and to ensure, to the extent practicable, the provision

of appropriate follow-up services.

‘‘(4) To develop and disseminate public information and

education programs for the detection and control of HCV infection, with priority given to high risk populations as determined

by the Secretary.

‘‘(5) To improve the education, training, and skills of health

professionals in the detection and control of HCV infection,

with priority given to pediatricians and other primary care

physicians, and obstetricians and gynecologists.

‘‘(b) LABORATORY PROCEDURES.—The Secretary may (directly

and through grants to public and nonprofit private entities) carry

out programs to provide for improvements in the quality of clinicallaboratory procedures regarding hepatitis C, including reducing

variability in laboratory results on hepatitis C antibody and PCR

testing.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

42 USC 247b–15.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1153

TITLE XIX—NIH INITIATIVE ON

AUTOIMMUNE DISEASES

SEC. 1901. AUTOIMMUNE DISEASES; INITIATIVE THROUGH DIRECTOR

OF NATIONAL INSTITUTES OF HEALTH.

Part B of title IV of the Public Health Service Act (42 U.S.C.

284 et seq.), as amended by section 1001 of this Act, is amended

by adding at the end the following:

‘‘SEC. 409E. AUTOIMMUNE DISEASES.

‘‘(a) EXPANSION, INTENSIFICATION, AND COORDINATION OF

ACTIVITIES.—

‘‘(1) IN GENERAL.—The Director of NIH shall expand, intensify, and coordinate research and other activities of the National

Institutes of Health with respect to autoimmune diseases.

‘‘(2) ALLOCATIONS BY DIRECTOR OF NIH.—With respect to

amounts appropriated to carry out this section for a fiscal

year, the Director of NIH shall allocate the amounts among

the national research institutes that are carrying out paragraph

(1).

‘‘(3) DEFINITION.—The term ‘autoimmune disease’ includes,

for purposes of this section such diseases or disorders with

evidence of autoimmune pathogensis as the Secretary determines to be appropriate.

‘‘(b) COORDINATING COMMITTEE.—

‘‘(1) IN GENERAL.—The Secretary shall ensure that the

Autoimmune Diseases Coordinating Committee (referred to in

this section as the ‘Coordinating Committee’) coordinates activities across the National Institutes and with other Federal

health programs and activities relating to such diseases.

‘‘(2) COMPOSITION.—The Coordinating Committee shall be

composed of the directors or their designees of each of the

national research institutes involved in research with respect

to autoimmune diseases and representatives of all other Federal

departments and agencies whose programs involve health functions or responsibilities relevant to such diseases, including

the Centers for Disease Control and Prevention and the Food

and Drug Administration.

‘‘(3) CHAIR.—

‘‘(A) IN GENERAL.—With respect to autoimmune diseases, the Chair of the Committee shall serve as the principal advisor to the Secretary, the Assistant Secretary for

Health, and the Director of NIH, and shall provide advice

to the Director of the Centers for Disease Control and

Prevention, the Commissioner of Food and Drugs, and other

relevant agencies.

‘‘(B) DIRECTOR OF NIH.—The Chair of the Committee

shall be directly responsible to the Director of NIH.

‘‘(c) PLAN FOR NIH ACTIVITIES.—

‘‘(1) IN GENERAL.—Not later than 1 year after the date

of the enactment of this section, the Coordinating Committee

shall develop a plan for conducting and supporting research

and education on autoimmune diseases through the national

research institutes and shall periodically review and revise

the plan. The plan shall—

Deadline.

42 USC 284i.

114 STAT. 1154 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(A) provide for a broad range of research and education activities relating to biomedical, psychosocial, and

rehabilitative issues, including studies of the disproportionate impact of such diseases on women;

‘‘(B) identify priorities among the programs and activities of the National Institutes of Health regarding such

diseases; and

‘‘(C) reflect input from a broad range of scientists,

patients, and advocacy groups.

‘‘(2) CERTAIN ELEMENTS OF PLAN.—The plan under paragraph (1) shall, with respect to autoimmune diseases, provide

for the following as appropriate:

‘‘(A) Research to determine the reasons underlying the

incidence and prevalence of the diseases.

‘‘(B) Basic research concerning the etiology and causes

of the diseases.

‘‘(C) Epidemiological studies to address the frequency

and natural history of the diseases, including any differences among the sexes and among racial and ethnic

groups.

‘‘(D) The development of improved screening techniques.

‘‘(E) Clinical research for the development and evaluation of new treatments, including new biological agents.

‘‘(F) Information and education programs for health

care professionals and the public.

‘‘(3) IMPLEMENTATION OF PLAN.—The Director of NIH shall

ensure that programs and activities of the National Institutes

of Health regarding autoimmune diseases are implemented in

accordance with the plan under paragraph (1).

‘‘(d) REPORTS TO CONGRESS.—The Coordinating Committee

under subsection (b)(1) shall biennially submit to the Committee

on Commerce of the House of Representatives, and the Committee

on Health, Education, Labor and Pensions of the Senate, a report

that describes the research, education, and other activities on autoimmune diseases being conducted or supported through the national

research institutes, and that in addition includes the following:

‘‘(1) The plan under subsection (c)(1) (or revisions to the

plan, as the case may be).

‘‘(2) Provisions specifying the amounts expended by the

National Institutes of Health with respect to each of the autoimmune diseases included in the plan.

‘‘(3) Provisions identifying particular projects or types of

projects that should in the future be considered by the national

research institutes or other entities in the field of research

on autoimmune diseases.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005. The authorization of appropriations established in

the preceding sentence is in addition to any other authorization

of appropriations that is available for conducting or supporting

through the National Institutes of Health research and other activities with respect to autoimmune diseases.’’.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1155

TITLE XX—GRADUATE MEDICAL EDUCATION PROGRAMS IN CHILDREN’S

HOSPITALS

SEC. 2001. PROVISIONS TO REVISE AND EXTEND PROGRAM.

(a) PAYMENTS.—Section 340E(a) of the Public Health Service

Act (42 U.S.C. 256e(a)) is amended—

(1) by striking ‘‘and 2001’’ and inserting ‘‘through 2005’’;

and

(2) by adding at the end the following: ‘‘The Secretary

shall promulgate regulations pursuant to the rulemaking

requirements of title 5, United States Code, which shall govern

payments made under this subpart.’’.

(b) UPDATING RATES.—Section 340E(c)(2)(F) of the Public

Health Service Act (42 U.S.C. 256e(c)(2)(F)) is amended by striking

‘‘hospital’s cost reporting period that begins during fiscal year 2000’’

and inserting ‘‘Federal fiscal year for which payments are made’’.

(c) RESIDENT COUNT FOR INTERIM PAYMENTS.—Section

340E(e)(1) of the Public Health Service Act (42 U.S.C. 256e(e)(1))

is amended by adding at the end the following: ‘‘Such interim

payments to each individual hospital shall be based on the number

of residents reported in the hospital’s most recently filed Medicare

cost report prior to the application date for the Federal fiscal

year for which the interim payment amounts are established. In

the case of a hospital that does not report residents on a Medicare

cost report, such interim payments shall be based on the number

of residents trained during the hospital’s most recently completed

Medicare cost report filing period.’’.

(d) WITHHOLDING.—Section 340E(e)(2) of the Public Health

Service Act (42 U.S.C. 256e(e)(2)) is amended—

(1) by adding ‘‘and indirect’’ after ‘‘direct’’; and

(2) by adding at the end the following: ‘‘The Secretary

shall withhold up to 25 percent from each interim installment

for direct and indirect graduate medical education paid under

paragraph (1) as necessary to ensure a hospital will not be

overpaid on an interim basis.’’.

(e) RECONCILIATION.—Section 340E(e)(3) of the Public Health

Service Act (42 U.S.C. 256e(e)(3)) is amended to read as follows:

‘‘(3) RECONCILIATION.—Prior to the end of each fiscal year,

the Secretary shall determine any changes to the number of

residents reported by a hospital in the application of the hospital for the current fiscal year to determine the final amount

payable to the hospital for the current fiscal year for both

direct expense and indirect expense amounts. Based on such

determination, the Secretary shall recoup any overpayments

made to pay any balance due to the extent possible. The final

amount so determined shall be considered a final intermediary

determination for the purposes of section 1878 of the Social

Security Act and shall be subject to administrative and judicial

review under that section in the same manner as the amount

of payment under section 1186(d) of such Act is subject to

review under such section.’’.

(f ) AUTHORIZATION OF APPROPRIATIONS.—Section 340E(f ) of the

Public Health Service Act (42 U.S.C. 256e(f )) is amended—

(1) in paragraph (1)(A)—

Regulations.

114 STAT. 1156 PUBLIC LAW 106–310—OCT. 17, 2000

(A) in clause (i), by striking ‘‘and’’ at the end;

(B) in clause (ii), by striking the period and inserting

‘‘; and’’; and

(C) by adding at the end the following:

‘‘(iii) for each of the fiscal years 2002 through

2005, such sums as may be necessary.’’; and

(2) in paragraph (2)—

(A) in subparagraph (A), by striking ‘‘and’’ at the end;

(B) in subparagraph (B), by striking the period and

inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(C) for each of the fiscal years 2002 through 2005,

such sums as may be necessary.’’.

(g) DEFINITION OF CHILDREN’S HOSPITAL.—Section 340E(g)(2)

of the Public Health Service Act (42 U.S.C. 256e(g)(2)) is amended

by striking ‘‘described in’’ and all that follows and inserting the

following: ‘‘with a Medicare payment agreement and which is

excluded from the Medicare inpatient prospective payment system

pursuant to section 1886(d)(1)(B)(iii) of the Social Security Act

and its accompanying regulations.’’.

TITLE XXI—SPECIAL NEEDS OF CHILDREN REGARDING ORGAN TRANSPLANTATION

SEC. 2101. ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK;

AMENDMENTS REGARDING NEEDS OF CHILDREN.

(a) IN GENERAL.—Section 372(b)(2) of the Public Health Service

Act (42 U.S.C. 274(b)(2)) is amended—

(1) in subparagraph (J), by striking ‘‘and’’ at the end;

(2) in each of subparagraphs (K) and (L), by striking the

period and inserting a comma; and

(3) by adding at the end the following subparagraphs:

‘‘(M) recognize the differences in health and in organ

transplantation issues between children and adults

throughout the system and adopt criteria, polices, and

procedures that address the unique health care needs of

children,

‘‘(N) carry out studies and demonstration projects for

the purpose of improving procedures for organ donation

procurement and allocation, including but not limited to

projects to examine and attempt to increase transplantation

among populations with special needs, including children

and individuals who are members of racial or ethnic

minority groups, and among populations with limited

access to transportation, and

‘‘(O) provide that for purposes of this paragraph, the

term ‘children’ refers to individuals who are under the

age of 18.’’.

(b) STUDY REGARDING IMMUNOSUPPRESSIVE DRUGS.—

(1) IN GENERAL.—The Secretary of Health and Human

Services (referred to in this subsection as the ‘‘Secretary’’) shall

provide for a study to determine the costs of immunosuppressive

drugs that are provided to children pursuant to organ transplants and to determine the extent to which health plans and

42 USC 273 note.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1157

health insurance cover such costs. The Secretary may carry

out the study directly or through a grant to the Institute

of Medicine (or other public or nonprofit private entity).

(2) RECOMMENDATIONS REGARDING CERTAIN ISSUES.—The

Secretary shall ensure that, in addition to making determinations under paragraph (1), the study under such paragraph

makes recommendations regarding the following issues:

(A) The costs of immunosuppressive drugs that are

provided to children pursuant to organ transplants and

to determine the extent to which health plans, health insurance and government programs cover such costs.

(B) The extent of denial of organs to be released for

transplant by coroners and medical examiners.

(C) The special growth and developmental issues that

children have pre- and post-organ transplantation.

(D) Other issues that are particular to the special

health and transplantation needs of children.

(3) REPORT.—The Secretary shall ensure that, not later

than December 31, 2001, the study under paragraph (1) is

completed and a report describing the findings of the study

is submitted to the Congress.

TITLE XXII—MUSCULAR DYSTROPHY

RESEARCH

SEC. 2201. MUSCULAR DYSTROPHY RESEARCH.

Part B of title IV of the Public Health Service Act, as amended

by section 1901 of this Act, is amended by adding at the end

the following:

‘‘MUSCULAR DYSTROPHY RESEARCH

‘‘SEC. 409F. (a) COORDINATION OF ACTIVITIES.—The Director

of NIH shall expand and increase coordination in the activities

of the National Institutes of Health with respect to research on

muscular dystrophies, including Duchenne muscular dystrophy.

‘‘(b) ADMINISTRATION OF PROGRAM; COLLABORATION AMONG

AGENCIES.—The Director of NIH shall carry out this section through

the appropriate institutes, including the National Institute of

Neurological Disorders and Stroke and in collaboration with any

other agencies that the Director determines appropriate.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

this section for each of the fiscal years 2001 through 2005. Amounts

appropriated under this subsection shall be in addition to any

other amounts appropriated for such purpose.’’.

TITLE XXIII—CHILDREN AND

TOURETTE SYNDROME AWARENESS

SEC. 2301. GRANTS REGARDING TOURETTE SYNDROME.

Part A of title XI of the Public Health Service Act is amended

by adding at the end the following section:

42 USC 284j.

Deadline.

114 STAT. 1158 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘TOURETTE SYNDROME

‘‘SEC. 1108. (a) IN GENERAL.—The Secretary shall develop and

implement outreach programs to educate the public, health care

providers, educators and community based organizations about the

etiology, symptoms, diagnosis and treatment of Tourette Syndrome,

with a particular emphasis on children with Tourette Syndrome.

Such programs may be carried out by the Secretary directly and

through awards of grants or contracts to public or nonprofit private

entities.

‘‘(b) CERTAIN ACTIVITIES.—Activities under subsection (a) shall

include—

‘‘(1) the production and translation of educational materials, including public service announcements;

‘‘(2) the development of training material for health care

providers, educators and community based organizations; and

‘‘(3) outreach efforts directed at the misdiagnosis and

underdiagnosis of Tourette Syndrome in children and in

minority groups.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary for each of the fiscal years 2001

through 2005.’’.

TITLE XXIV—CHILDHOOD OBESITY

PREVENTION

SEC. 2401. PROGRAMS OPERATED THROUGH THE CENTERS FOR DISEASE CONTROL AND PREVENTION.

Title III of the Public Health Service Act (42 U.S.C. 241 et

seq.), as amended by section 1101 of this Act, is amended by

adding at the end the following part:

‘‘PART Q—PROGRAMS TO IMPROVE THE

HEALTH OF CHILDREN

‘‘SEC. 399W. GRANTS TO PROMOTE CHILDHOOD NUTRITION AND PHYSICAL ACTIVITY.

‘‘(a) IN GENERAL.—The Secretary, acting though the Director

of the Centers for Disease Control and Prevention, shall award

competitive grants to States and political subdivisions of States

for the development and implementation of State and communitybased intervention programs to promote good nutrition and physical

activity in children and adolescents.

‘‘(b) ELIGIBILITY.—To be eligible to receive a grant under this

section a State or political subdivision of a State shall prepare

and submit to the Secretary an application at such time, in such

manner, and containing such information as the Secretary may

require, including a plan that describes—

‘‘(1) how the applicant proposes to develop a comprehensive

program of school- and community-based approaches to encourage and promote good nutrition and appropriate levels of physical activity with respect to children or adolescents in local

communities;

42 USC 280h.

42 USC 300b–7.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1159

‘‘(2) the manner in which the applicant shall coordinate

with appropriate State and local authorities, such as State

and local school departments, State departments of health,

chronic disease directors, State directors of programs under

section 17 of the Child Nutrition Act of 1966, 5-a-day coordinators, governors councils for physical activity and good nutrition,

and State and local parks and recreation departments; and

‘‘(3) the manner in which the applicant will evaluate the

effectiveness of the program carried out under this section.

‘‘(c) USE OF FUNDS.—A State or political subdivision of a State

shall use amount received under a grant under this section to—

‘‘(1) develop, implement, disseminate, and evaluate schooland community-based strategies in States to reduce inactivity

and improve dietary choices among children and adolescents;

‘‘(2) expand opportunities for physical activity programs

in school- and community-based settings; and

‘‘(3) develop, implement, and evaluate programs that promote good eating habits and physical activity including

opportunities for children with cognitive and physical disabilities.

‘‘(d) TECHNICAL ASSISTANCE.—The Secretary may set-aside an

amount not to exceed 10 percent of the amount appropriated for

a fiscal year under subsection (h) to permit the Director of the

Centers for Disease Control and Prevention to—

‘‘(1) provide States and political subdivisions of States with

technical support in the development and implementation of

programs under this section; and

‘‘(2) disseminate information about effective strategies and

interventions in preventing and treating obesity through the

promotion of good nutrition and physical activity.

‘‘(e) LIMITATION ON ADMINISTRATIVE COSTS.—Not to exceed 10

percent of the amount of a grant awarded to the State or political

subdivision under subsection (a) for a fiscal year may be used

by the State or political subdivision for administrative expenses.

‘‘(f ) TERM.—A grant awarded under subsection (a) shall be

for a term of 3 years.

‘‘(g) DEFINITION.—In this section, the term ‘children and adolescents’ means individuals who do not exceed 18 years of age.

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for each of the fiscal years 2001 through 2005.

‘‘SEC. 399X. APPLIED RESEARCH PROGRAM.

‘‘(a) IN GENERAL.—The Secretary, acting through the Centers

for Disease Control and Prevention and in consultation with the

Director of the National Institutes of Health, shall—

‘‘(1) conduct research to better understand the relationship

between physical activity, diet, and health and factors that

influence health-related behaviors;

‘‘(2) develop and evaluate strategies for the prevention and

treatment of obesity to be used in community-based interventions and by health professionals;

‘‘(3) develop and evaluate strategies for the prevention and

treatment of eating disorders, such as anorexia and bulimia;

‘‘(4) conduct research to establish the prevalence, consequences, and costs of childhood obesity and its effects in

adulthood;

42 USC 280h–1.

114 STAT. 1160 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(5) identify behaviors and risk factors that contribute to

obesity;

‘‘(6) evaluate materials and programs to provide nutrition

education to parents and teachers of children in child care

or pre-school and the food service staff of such child care

and pre-school entities; and

‘‘(7) evaluate materials and programs that are designed

to educate and encourage physical activity in child care and

pre-school facilities.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for each of the fiscal years 2001 through 2005.

‘‘SEC. 399Y. EDUCATION CAMPAIGN.

‘‘(a) IN GENERAL.—The Secretary, acting through the Director

of the Centers for Disease Control and Prevention, and in collaboration with national, State, and local partners, physical activity

organizations, nutrition experts, and health professional organizations, shall develop a national public campaign to promote and

educate children and their parents concerning—

‘‘(1) the health risks associated with obesity, inactivity,

and poor nutrition;

‘‘(2) ways in which to incorporate physical activity into

daily living; and

‘‘(3) the benefits of good nutrition and strategies to improve

eating habits.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for each of the fiscal years 2001 through 2005.

‘‘SEC. 399Z. HEALTH PROFESSIONAL EDUCATION AND TRAINING.

‘‘(a) IN GENERAL.—The Secretary, acting through the Director

of the Centers for Disease Control and Prevention, in collaboration

with the Administrator of the Health Resources and Services

Administration and the heads of other agencies, and in consultation

with appropriate health professional associations, shall develop and

carry out a program to educate and train health professionals

in effective strategies to—

‘‘(1) better identify and assess patients with obesity or

an eating disorder or patients at-risk of becoming obese or

developing an eating disorder;

‘‘(2) counsel, refer, or treat patients with obesity or an

eating disorder; and

‘‘(3) educate patients and their families about effective

strategies to improve dietary habits and establish appropriate

levels of physical activity.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for each of the fiscal years 2001 through 2005.’’.

42 USC 280h–3.

42 USC 280h–2.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1161

TITLE XXV—EARLY DETECTION AND

TREATMENT REGARDING CHILDHOOD

LEAD POISONING

SEC. 2501. CENTERS FOR DISEASE CONTROL AND PREVENTION

EFFORTS TO COMBAT CHILDHOOD LEAD POISONING.

(a) REQUIREMENTS FOR LEAD POISONING PREVENTION

GRANTEES.—Section 317A of the Public Health Service Act (42

U.S.C. 247b–1) is amended—

(1) in subsection (d)—

(A) by redesignating paragraph (7) as paragraph (8);

and

(B) by inserting after paragraph (6) the following:

‘‘(7) Assurances satisfactory to the Secretary that the

applicant will ensure complete and consistent reporting of all

blood lead test results from laboratories and health care providers to State and local health departments in accordance

with guidelines of the Centers for Disease Control and Prevention for standardized reporting as described in subsection (m).’’;

and

(2) in subsection ( j)(2)—

(A) in subparagraph (F) by striking ‘‘(E)’’ and inserting

‘‘(F)’’;

(B) by redesignating subparagraph (F) as subparagraph

(G); and

(C) by inserting after subparagraph (E) the following:

‘‘(F) The number of grantees that have established

systems to ensure mandatory reporting of all blood lead

tests from laboratories and health care providers to State

and local health departments.’’.

(b) GUIDELINES FOR STANDARDIZED REPORTING.—Section 317A

of the Public Health Service Act (42 U.S.C. 247b–1) is amended

by adding at the end the following:

‘‘(m) GUIDELINES FOR STANDARDIZED REPORTING.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop national guidelines for the uniform reporting of all blood lead test results to State and local

health departments.’’.

(c) DEVELOPMENT AND IMPLEMENTATION OF EFFECTIVE DATA

MANAGEMENT BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION.—

(1) IN GENERAL.—The Director of the Centers for Disease

Control and Prevention shall—

(A) assist with the improvement of data linkages

between State and local health departments and between

State health departments and the Centers for Disease Control and Prevention;

(B) assist States with the development of flexible, comprehensive State-based data management systems for the

surveillance of children with lead poisoning that have the

capacity to contribute to a national data set;

(C) assist with the improvement of the ability of Statebased data management systems and federally-funded

means-tested public benefit programs (including the special

supplemental food program for women, infants and children

42 USC 247b–1

note.

114 STAT. 1162 PUBLIC LAW 106–310—OCT. 17, 2000

(WIC) under section 17 of the Child Nutrition Act of 1966

(42 U.S.C. 1786) and the early head start program under

section 645A of the Head Start Act (42 U.S.C. 9840a(h))

to respond to ad hoc inquiries and generate progress reports

regarding the lead blood level screening of children enrolled

in those programs;

(D) assist States with the establishment of a capacity

for assessing how many children enrolled in the Medicaid,

WIC, early head start, and other federally-funded meanstested public benefit programs are being screened for lead

poisoning at age-appropriate intervals;

(E) use data obtained as result of activities under

this section to formulate or revise existing lead blood

screening and case management policies; and

(F) establish performance measures for evaluating

State and local implementation of the requirements and

improvements described in subparagraphs (A) through (E).

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection such sums

as may be necessary for each the fiscal years 2001 through

2005.

(3) EFFECTIVE DATE.—This subsection takes effect on the

date of the enactment of this Act.

SEC. 2502. GRANTS FOR LEAD POISONING RELATED ACTIVITIES.

(a) IN GENERAL.—Part B of title III of the Public Health Service

Act (42 U.S.C. 243 et seq.), as amended by section 1801 of this

Act, is amended by inserting after section 317N the following section:

‘‘GRANTS FOR LEAD POISONING RELATED ACTIVITIES

‘‘SEC. 317O. (a) AUTHORITY TO MAKE GRANTS.—

‘‘(1) IN GENERAL.—The Secretary shall make grants to

States to support public health activities in States and localities

where data suggests that at least 5 percent of preschool-age

children have an elevated blood lead level through—

‘‘(A) effective, ongoing outreach and community education targeted to families most likely to be at risk for

lead poisoning;

‘‘(B) individual family education activities that are

designed to reduce ongoing exposures to lead for children

with elevated blood lead levels, including through home

visits and coordination with other programs designed to

identify and treat children at risk for lead poisoning; and

‘‘(C) the development, coordination and implementation

of community-based approaches for comprehensive lead poisoning prevention from surveillance to lead hazard control.

‘‘(2) STATE MATCH.—A State is not eligible for a grant

under this section unless the State agrees to expend (through

State or local funds) $1 for every $2 provided under the grant

to carry out the activities described in paragraph (1).

‘‘(3) APPLICATION.—To be eligible to receive a grant under

this section, a State shall submit an application to the Secretary

in such form and manner and containing such information

as the Secretary may require.

‘‘(b) COORDINATION WITH OTHER CHILDREN’S PROGRAMS.—A

State shall identify in the application for a grant under this section

42 USC 247b–16.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1163

how the State will coordinate operations and activities under the

grant with—

‘‘(1) other programs operated in the State that serve children with elevated blood lead levels, including any such programs operated under title V, XIX, or XXI of the Social Security

Act; and

‘‘(2) one or more of the following—

‘‘(A) the child welfare and foster care and adoption

assistance programs under parts B and E of title IV of

such Act;

‘‘(B) the head start program established under the

Head Start Act (42 U.S.C. 9831 et seq.);

‘‘(C) the program of assistance under the special supplemental nutrition program for women, infants and children

(WIC) under section 17 of the Child Nutrition Act of 1966

(42 U.S.C. 1786);

‘‘(D) local public and private elementary or secondary

schools; or

‘‘(E) public housing agencies, as defined in section 3

of the United States Housing Act of 1937 (42 U.S.C. 1437a).

‘‘(c) PERFORMANCE MEASURES.—The Secretary shall establish

needs indicators and performance measures to evaluate the activities carried out under grants awarded under this section. Such

indicators shall be commensurate with national measures of

maternal and child health programs and shall be developed in

consultation with the Director of the Centers for Disease Control

and Prevention.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for each of the fiscal years 2001 through 2005.’’.

(b) CONFORMING AMENDMENT.—Section 340D(c)(1) of the Public

Health Service Act (42 U.S.C. 256d(c)(1)) is amended by striking

‘‘317E’’ and inserting ‘‘317F’’.

SEC. 2503. TRAINING AND REPORTS BY THE HEALTH RESOURCES AND

SERVICES ADMINISTRATION.

(a) TRAINING.—The Secretary of Health and Human Services,

acting through the Administrator of the Health Resources and

Services Administration and in collaboration with the Administrator

of the Health Care Financing Administration and the Director

of the Centers for Disease Control and Prevention, shall conduct

education and training programs for physicians and other health

care providers regarding childhood lead poisoning, current screening

and treatment recommendations and requirements, and the scientific, medical, and public health basis for those policies.

(b) REPORT.—The Secretary of Health and Human Services,

acting through the Administrator of the Health Resources and

Services Administration, annually shall report to Congress on the

number of children who received services through health centers

established under section 330 of the Public Health Service Act

(42 U.S.C. 254b) and received a blood lead screening test during

the prior fiscal year, noting the percentage that such children

represent as compared to all children who received services through

such health centers.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for each the fiscal years 2001 through 2005.

42 USC 247b–3a.

114 STAT. 1164 PUBLIC LAW 106–310—OCT. 17, 2000

SEC. 2504. SCREENINGS, REFERRALS, AND EDUCATION REGARDING

LEAD POISONING.

Section 317A(l)(1) of the Public Health Service Act (42 U.S.C.

247b–1(l)(1)) is amended by striking ‘‘1994’’ and all that follows

and inserting ‘‘1994 through 2005.’’.

TITLE XXVI—SCREENING FOR

HERITABLE DISORDERS

SEC. 2601. PROGRAM TO IMPROVE THE ABILITY OF STATES TO PROVIDE NEWBORN AND CHILD SCREENING FOR HERITABLE

DISORDERS.

Part A of title XI of the Public Health Service Act, as amended

by section 2301 of this Act, is amended by adding at the end

the following:

‘‘SEC. 1109. IMPROVED NEWBORN AND CHILD SCREENING FOR HERITABLE DISORDERS.

‘‘(a) IN GENERAL.—The Secretary shall award grants to eligible

entities to enhance, improve or expand the ability of State and

local public health agencies to provide screening, counseling or

health care services to newborns and children having or at risk

for heritable disorders.

‘‘(b) USE OF FUNDS.—Amounts provided under a grant awarded

under subsection (a) shall be used to—

‘‘(1) establish, expand, or improve systems or programs

to provide screening, counseling, testing or specialty services

for newborns and children at risk for heritable disorders;

‘‘(2) establish, expand, or improve programs or services

to reduce mortality or morbidity from heritable disorders;

‘‘(3) establish, expand, or improve systems or programs

to provide information and counseling on available therapies

for newborns and children with heritable disorders;

‘‘(4) improve the access of medically underserved populations to screening, counseling, testing and specialty services

for newborns and children having or at risk for heritable disorders; or

‘‘(5) conduct such other activities as may be necessary

to enable newborns and children having or at risk for heritable

disorders to receive screening, counseling, testing or specialty

services, regardless of income, race, color, religion, sex, national

origin, age, or disability.

‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive a grant under

subsection (a) an entity shall—

‘‘(1) be a State or political subdivision of a State, or a

consortium of two or more States or political subdivisions of

States; and

‘‘(2) prepare and submit to the Secretary an application

that includes—

‘‘(A) a plan to use amounts awarded under the grant

to meet specific health status goals and objectives relative

to heritable disorders, including attention to needs of medically underserved populations;

‘‘(B) a plan for the collection of outcome data or other

methods of evaluating the degree to which amounts

Grants.

42 USC 300b–8.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1165

awarded under this grant will be used to achieve the goals

and objectives identified under subparagraph (A);

‘‘(C) a plan for monitoring and ensuring the quality

of services provided under the grant;

‘‘(D) an assurance that amounts awarded under the

grant will be used only to implement the approved plan

for the State;

‘‘(E) an assurance that the provision of services under

the plan is coordinated with services provided under programs implemented in the State under title V, XVIII, XIX,

XX, or XXI of the Social Security Act (subject to Federal

regulations applicable to such programs) so that the coverage of services under such titles is not substantially

diminished by the use of granted funds; and

‘‘(F) such other information determined by the Secretary to be necessary.

‘‘(d) LIMITATION.—An eligible entity may not use amounts

received under this section to—

‘‘(1) provide cash payments to or on behalf of affected

individuals;

‘‘(2) provide inpatient services;

‘‘(3) purchase land or make capital improvements to property; or

‘‘(4) provide for proprietary research or training.

‘‘(e) VOLUNTARY PARTICIPATION.—The participation by any individual in any program or portion thereof established or operated

with funds received under this section shall be wholly voluntary

and shall not be a prerequisite to eligibility for or receipt of any

other service or assistance from, or to participation in, another

Federal or State program.

‘‘(f ) SUPPLEMENT NOT SUPPLANT.—Funds appropriated under

this section shall be used to supplement and not supplant other

Federal, State, and local public funds provided for activities of

the type described in this section.

‘‘(g) PUBLICATION.—

‘‘(1) IN GENERAL.—An application submitted under subsection (c)(2) shall be made public by the State in such a

manner as to facilitate comment from any person, including

through hearings and other methods used to facilitate comments from the public.

‘‘(2) COMMENTS.—Comments received by the State after

the publication described in paragraph (1) shall be addressed

in the application submitted under subsection (c)(2).

‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall provide to

entities receiving grants under subsection (a) such technical assistance as may be necessary to ensure the quality of programs conducted under this section.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for each of the fiscal years 2001 through 2005.

‘‘SEC. 1110. EVALUATING THE EFFECTIVENESS OF NEWBORN AND

CHILD SCREENING PROGRAMS.

‘‘(a) IN GENERAL.—The Secretary shall award grants to eligible

entities to provide for the conduct of demonstration programs to

evaluate the effectiveness of screening, counseling or health care

42 USC 300b–9.

114 STAT. 1166 PUBLIC LAW 106–310—OCT. 17, 2000

services in reducing the morbidity and mortality caused by heritable

disorders in newborns and children.

‘‘(b) DEMONSTRATION PROGRAMS.—A demonstration program

conducted under a grant under this section shall be designed to

evaluate and assess, within the jurisdiction of the entity receiving

such grant—

‘‘(1) the effectiveness of screening, counseling, testing or

specialty services for newborns and children at risk for heritable

disorders in reducing the morbidity and mortality associated

with such disorders;

‘‘(2) the effectiveness of screening, counseling, testing or

specialty services in accurately and reliably diagnosing heritable disorders in newborns and children; or

‘‘(3) the availability of screening, counseling, testing or

specialty services for newborns and children at risk for heritable

disorders.

‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive a grant under

subsection (a) an entity shall be a State or political subdivision

of a State, or a consortium of two or more States or political

subdivisions of States.

‘‘SEC. 1111. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN

NEWBORNS AND CHILDREN.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish an advisory

committee to be known as the ‘Advisory Committee on Heritable

Disorders in Newborns and Children’ (referred to in this section

as the ‘Advisory Committee’).

‘‘(b) DUTIES.—The Advisory Committee shall—

‘‘(1) provide advice and recommendations to the Secretary

concerning grants and projects awarded or funded under section

1109;

‘‘(2) provide technical information to the Secretary for the

development of policies and priorities for the administration

of grants under section 1109; and

‘‘(3) provide such recommendations, advice or information

as may be necessary to enhance, expand or improve the ability

of the Secretary to reduce the mortality or morbidity from

heritable disorders.

‘‘(c) MEMBERSHIP.—

‘‘(1) IN GENERAL.—The Secretary shall appoint not to exceed

15 members to the Advisory Committee. In appointing such

members, the Secretary shall ensure that the total membership

of the Advisory Committee is an odd number.

‘‘(2) REQUIRED MEMBERS.—The Secretary shall appoint to

the Advisory Committee under paragraph (1)—

‘‘(A) the Administrator of the Health Resources and

Services Administration;

‘‘(B) the Director of the Centers for Disease Control

and Prevention;

‘‘(C) the Director of the National Institutes of Health;

‘‘(D) the Director of the Agency for Healthcare Research

and Quality;

‘‘(E) medical, technical, or scientific professionals with

special expertise in heritable disorders, or in providing

screening, counseling, testing or specialty services for

newborns and children at risk for heritable disorders;

42 USC 300b–10.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1167

‘‘(F) members of the public having special expertise

about or concern with heritable disorders; and

‘‘(G) representatives from such Federal agencies, public

health constituencies, and medical professional societies

as determined to be necessary by the Secretary, to fulfill

the duties of the Advisory Committee, as established under

subsection (b).’’.

TITLE XXVII—PEDIATRIC RESEARCH

PROTECTIONS

SEC. 2701. REQUIREMENT FOR ADDITIONAL PROTECTIONS FOR CHILDREN INVOLVED IN RESEARCH.

Notwithstanding any other provision of law, not later than

6 months after the date of the enactment of this Act, the Secretary

of Health and Human Services shall require that all research

involving children that is conducted, supported, or regulated by

the Department of Health and Human Services be in compliance

with subpart D of part 46 of title 45, Code of Federal Regulations.

TITLE XXVIII—MISCELLANEOUS

PROVISIONS

SEC. 2801. REPORT REGARDING RESEARCH ON RARE DISEASES IN

CHILDREN.

Not later than 180 days after the date of the enactment of

this Act, the Director of the National Institutes of Health shall

submit to the Congress a report on—

(1) the activities that, during fiscal year 2000, were conducted and supported by such Institutes with respect to rare

diseases in children, including Friedreich’s ataxia and

Hutchinson-Gilford progeria syndrome; and

(2) the activities that are planned to be conducted and

supported by such Institutes with respect to such diseases

during the fiscal years 2001 through 2005.

SEC. 2802. STUDY ON METABOLIC DISORDERS.

(a) IN GENERAL.—The Secretary of Health and Human Services

(in this section referred to as the ‘‘Secretary’’) shall, in consultation

with relevant experts or through the Institute of Medicine, study

issues related to treatment of PKU and other metabolic disorders

for children, adolescents, and adults, and mechanisms to assure

access to effective treatment, including special diets, for children

and others with PKU and other metabolic disorders. Such mechanisms shall be evidence-based and reflect the best scientific knowledge regarding effective treatment and prevention of disease

progression.

(b) DISSEMINATION OF RESULTS.—Upon completion of the study

referred to in subsection (a), the Secretary shall disseminate and

otherwise make available the results of the study to interested

groups and organizations, including insurance commissioners,

employers, private insurers, health care professionals, State and

local public health agencies, and State agencies that carry out

the Medicaid program under title XIX of the Social Security Act

42 USC 285c

note.

Deadline.

42 USC 289 note.

114 STAT. 1168 PUBLIC LAW 106–310—OCT. 17, 2000

or the State children’s health insurance program under title XXI

of such Act.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for each of the fiscal years 2001 through 2003.

TITLE XXIX—EFFECTIVE DATE

SEC. 2901. EFFECTIVE DATE.

This division and the amendments made by this division take

effect October 1, 2000, or upon the date of the enactment of this

Act, whichever occurs later.

DIVISION B—YOUTH DRUG AND

MENTAL HEALTH SERVICES

SEC. 3001. SHORT TITLE.

This division may be cited as the ‘‘Youth Drug and Mental

Health Services Act’’.

TITLE XXXI—PROVISIONS RELATING TO

SERVICES FOR CHILDREN AND ADOLESCENTS

SEC. 3101. CHILDREN AND VIOLENCE.

Title V of the Public Health Service Act (42 U.S.C. 290aa

et seq.) is amended by adding at the end the following:

‘‘PART G—PROJECTS FOR CHILDREN AND VIOLENCE

‘‘SEC. 581. CHILDREN AND VIOLENCE.

‘‘(a) IN GENERAL.—The Secretary, in consultation with the Secretary of Education and the Attorney General, shall carry out

directly or through grants, contracts or cooperative agreements

with public entities a program to assist local communities in developing ways to assist children in dealing with violence.

‘‘(b) ACTIVITIES.—Under the program under subsection (a), the

Secretary may—

‘‘(1) provide financial support to enable local communities

to implement programs to foster the health and development

of children;

‘‘(2) provide technical assistance to local communities with

respect to the development of programs described in paragraph

(1);

‘‘(3) provide assistance to local communities in the development of policies to address violence when and if it occurs;

‘‘(4) assist in the creation of community partnerships among

law enforcement, education systems and mental health and

substance abuse service systems; and

‘‘(5) establish mechanisms for children and adolescents to

report incidents of violence or plans by other children or adolescents to commit violence.

Grants.

Contracts.

42 USC 290hh.

42 USC 201 note.

Youth Drug and

Mental Health

Services Act.

42 USC 201 note.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1169

‘‘(c) REQUIREMENTS.—An application for a grant, contract or

cooperative agreement under subsection (a) shall demonstrate

that—

‘‘(1) the applicant will use amounts received to create a

partnership described in subsection (b)(4) to address issues

of violence in schools;

‘‘(2) the activities carried out by the applicant will provide

a comprehensive method for addressing violence, that will

include—

‘‘(A) security;

‘‘(B) educational reform;

‘‘(C) the review and updating of school policies;

‘‘(D) alcohol and drug abuse prevention and early intervention services;

‘‘(E) mental health prevention and treatment services;

and

‘‘(F) early childhood development and psychosocial

services; and

‘‘(3) the applicant will use amounts received only for the

services described in subparagraphs (D), (E), and (F) of paragraph (2).

‘‘(d) GEOGRAPHICAL DISTRIBUTION.—The Secretary shall ensure

that grants, contracts or cooperative agreements under subsection

(a) will be distributed equitably among the regions of the country

and among urban and rural areas.

‘‘(e) DURATION OF AWARDS.—With respect to a grant, contract

or cooperative agreement under subsection (a), the period during

which payments under such an award will be made to the recipient

may not exceed 5 years.

‘‘(f ) EVALUATION.—The Secretary shall conduct an evaluation

of each project carried out under this section and shall disseminate

the results of such evaluations to appropriate public and private

entities.

‘‘(g) INFORMATION AND EDUCATION.—The Secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application

under this section to the general public and to health care professionals.

‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section, $100,000,000 for fiscal

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

years 2002 and 2003.

‘‘SEC. 582. GRANTS TO ADDRESS THE PROBLEMS OF PERSONS WHO

EXPERIENCE VIOLENCE RELATED STRESS.

‘‘(a) IN GENERAL.—The Secretary shall award grants, contracts

or cooperative agreements to public and nonprofit private entities,

as well as to Indian tribes and tribal organizations, for the purpose

of developing programs focusing on the behavioral and biological

aspects of psychological trauma response and for developing knowledge with regard to evidence-based practices for treating psychiatric

disorders of children and youth resulting from witnessing or experiencing a traumatic event.

‘‘(b) PRIORITIES.—In awarding grants, contracts or cooperative

agreements under subsection (a) related to the development of

knowledge on evidence-based practices for treating disorders associated with psychological trauma, the Secretary shall give priority

Contracts.

42 USC 290hh–1.

114 STAT. 1170 PUBLIC LAW 106–310—OCT. 17, 2000

to mental health agencies and programs that have established

clinical and basic research experience in the field of trauma-related

mental disorders.

‘‘(c) GEOGRAPHICAL DISTRIBUTION.—The Secretary shall ensure

that grants, contracts or cooperative agreements under subsection

(a) with respect to centers of excellence are distributed equitably

among the regions of the country and among urban and rural

areas.

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

process, shall require that each applicant for a grant, contract

or cooperative agreement under subsection (a) submit a plan for

the rigorous evaluation of the activities funded under the grant,

contract or agreement, including both process and outcomes evaluation, and the submission of an evaluation at the end of the project

period.

‘‘(e) DURATION OF AWARDS.—With respect to a grant, contract

or cooperative agreement under subsection (a), the period during

which payments under such an award will be made to the recipient

may not exceed 5 years. Such grants, contracts or agreements

may be renewed.

‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section, $50,000,000 for fiscal

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

years 2002 and 2003.’’.

SEC. 3102. EMERGENCY RESPONSE.

Section 501 of the Public Health Service Act (42 U.S.C. 290aa)

is amended—

(1) by redesignating subsection (m) as subsection (o);

(2) by inserting after subsection (l) the following:

‘‘(m) EMERGENCY RESPONSE.—

‘‘(1) IN GENERAL.—Notwithstanding section 504 and except

as provided in paragraph (2), the Secretary may use not to

exceed 2.5 percent of all amounts appropriated under this title

for a fiscal year to make noncompetitive grants, contracts or

cooperative agreements to public entities to enable such entities

to address emergency substance abuse or mental health needs

in local communities.

‘‘(2) EXCEPTIONS.—Amounts appropriated under part C

shall not be subject to paragraph (1).

‘‘(3) EMERGENCIES.—The Secretary shall establish criteria

for determining that a substance abuse or mental health emergency exists and publish such criteria in the Federal Register

prior to providing funds under this subsection.

‘‘(n) LIMITATION ON THE USE OF CERTAIN INFORMATION.—No

information, if an establishment or person supplying the information or described in it is identifiable, obtained in the course of

activities undertaken or supported under section 505 may be used

for any purpose other than the purpose for which it was supplied

unless such establishment or person has consented (as determined

under regulations of the Secretary) to its use for such other purpose.

Such information may not be published or released in other form

if the person who supplied the information or who is described

in it is identifiable unless such person has consented (as determined

under regulations of the Secretary) to its publication or release

in other form.’’; and

Federal Register,

publication.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1171

(3) in subsection (o) (as so redesignated), by striking ‘‘1993’’

and all that follows through the period and inserting ‘‘2001,

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

years 2002 and 2003.’’.

SEC. 3103. HIGH RISK YOUTH REAUTHORIZATION.

Section 517(h) of the Public Health Service Act (42 U.S.C.

290bb–23(h)) is amended by striking ‘‘$70,000,000’’ and all that

follows through ‘‘1994’’ and inserting ‘‘such sums as may be necessary for each of the fiscal years 2001 through 2003’’.

SEC. 3104. SUBSTANCE ABUSE TREATMENT SERVICES FOR CHILDREN

AND ADOLESCENTS.

(a) SUBSTANCE ABUSE TREATMENT SERVICES.—Subpart 1 of part

B of title V of the Public Health Service Act (42 U.S.C. 290bb

et seq.) is amended by adding at the end the following:

‘‘SEC. 514. SUBSTANCE ABUSE TREATMENT SERVICES FOR CHILDREN

AND ADOLESCENTS.

‘‘(a) IN GENERAL.—The Secretary shall award grants, contracts,

or cooperative agreements to public and private nonprofit entities,

including Native Alaskan entities and Indian tribes and tribal

organizations, for the purpose of providing substance abuse treatment services for children and adolescents.

‘‘(b) PRIORITY.—In awarding grants, contracts, or cooperative

agreements under subsection (a), the Secretary shall give priority

to applicants who propose to—

‘‘(1) apply evidenced-based and cost effective methods for

the treatment of substance abuse among children and adolescents;

‘‘(2) coordinate the provision of treatment services with

other social service agencies in the community, including educational, juvenile justice, child welfare, and mental health agencies;

‘‘(3) provide a continuum of integrated treatment services,

including case management, for children and adolescents with

substance abuse disorders and their families;

‘‘(4) provide treatment that is gender-specific and culturally

appropriate;

‘‘(5) involve and work with families of children and adolescents receiving treatment;

‘‘(6) provide aftercare services for children and adolescents

and their families after completion of substance abuse treatment; and

‘‘(7) address the relationship between substance abuse and

violence.

‘‘(c) DURATION OF GRANTS.—The Secretary shall award grants,

contracts, or cooperative agreements under subsection (a) for periods

not to exceed 5 fiscal years.

‘‘(d) APPLICATION.—An entity desiring a grant, contract, or

cooperative agreement under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied

by such information as the Secretary may reasonably require.

‘‘(e) EVALUATION.—An entity that receives a grant, contract,

or cooperative agreement under subsection (a) shall submit, in

the application for such grant, contract, or cooperative agreement,

a plan for the evaluation of any project undertaken with funds

provided under this section. Such entity shall provide the Secretary

Grants.

Contracts.

42 USC 290bb–7.

114 STAT. 1172 PUBLIC LAW 106–310—OCT. 17, 2000

with periodic evaluations of the progress of such project and such

evaluation at the completion of such project as the Secretary determines to be appropriate.

‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section, $40,000,000 for fiscal

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

2002 and 2003.

‘‘SEC. 514A. EARLY INTERVENTION SERVICES FOR CHILDREN AND

ADOLESCENTS.

‘‘(a) IN GENERAL.—The Secretary shall award grants, contracts,

or cooperative agreements to public and private nonprofit entities,

including local educational agencies (as defined in section 14101

of the Elementary and Secondary Education Act of 1965 (20 U.S.C.

8801)), for the purpose of providing early intervention substance

abuse services for children and adolescents.

‘‘(b) PRIORITY.—In awarding grants, contracts, or cooperative

agreements under subsection (a), the Secretary shall give priority

to applicants who demonstrate an ability to—

‘‘(1) screen for and assess substance use and abuse by

children and adolescents;

‘‘(2) make appropriate referrals for children and adolescents

who are in need of treatment for substance abuse;

‘‘(3) provide early intervention services, including counseling and ancillary services, that are designed to meet the

developmental needs of children and adolescents who are at

risk for substance abuse; and

‘‘(4) develop networks with the educational, juvenile justice,

social services, and other agencies and organizations in the

State or local community involved that will work to identify

children and adolescents who are in need of substance abuse

treatment services.

‘‘(c) CONDITION.—In awarding grants, contracts, or cooperative

agreements under subsection (a), the Secretary shall ensure that

such grants, contracts, or cooperative agreements are allocated,

subject to the availability of qualified applicants, among the principal geographic regions of the United States, to Indian tribes

and tribal organizations, and to urban and rural areas.

‘‘(d) DURATION OF GRANTS.—The Secretary shall award grants,

contracts, or cooperative agreements under subsection (a) for periods

not to exceed 5 fiscal years.

‘‘(e) APPLICATION.—An entity desiring a grant, contract, or

cooperative agreement under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied

by such information as the Secretary may reasonably require.

‘‘(f ) EVALUATION.—An entity that receives a grant, contract,

or cooperative agreement under subsection (a) shall submit, in

the application for such grant, contract, or cooperative agreement,

a plan for the evaluation of any project undertaken with funds

provided under this section. Such entity shall provide the Secretary

with periodic evaluations of the progress of such project and such

evaluation at the completion of such project as the Secretary determines to be appropriate.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section, $20,000,000 for fiscal

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

2002 and 2003.’’.

Grants.

Contracts.

42 USC 290bb–8.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1173

(b) YOUTH INTERAGENCY CENTERS.—Subpart 3 of part B of

title V of the Public Health Service Act (42 U.S.C. 290bb–31 et

seq.) is amended by adding the following:

‘‘SEC. 520C. YOUTH INTERAGENCY RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE CENTERS.

‘‘(a) PROGRAM AUTHORIZED.—The Secretary, acting through the

Administrator of the Substance Abuse and Mental Health Services

Administration, and in consultation with the Administrator of the

Office of Juvenile Justice and Delinquency Prevention, the Director

of the Bureau of Justice Assistance and the Director of the National

Institutes of Health, shall award grants or contracts to public

or nonprofit private entities to establish not more than four

research, training, and technical assistance centers to carry out

the activities described in subsection (c).

‘‘(b) APPLICATION.—A public or private nonprofit entity desiring

a grant or contract under subsection (a) shall prepare and submit

an application to the Secretary at such time, in such manner,

and containing such information as the Secretary may require.

‘‘(c) AUTHORIZED ACTIVITIES.—A center established under a

grant or contract under subsection (a) shall—

‘‘(1) provide training with respect to state-of-the-art mental

health and justice-related services and successful mental health

and substance abuse-justice collaborations that focus on children and adolescents, to public policymakers, law enforcement

administrators, public defenders, police, probation officers,

judges, parole officials, jail administrators and mental health

and substance abuse providers and administrators;

‘‘(2) engage in research and evaluations concerning State

and local justice and mental health systems, including system

redesign initiatives, and disseminate information concerning

the results of such evaluations;

‘‘(3) provide direct technical assistance, including assistance

provided through toll-free telephone numbers, concerning issues

such as how to accommodate individuals who are being processed through the courts under the Americans with Disabilities

Act of 1990 (42 U.S.C. 12101 et seq.), what types of mental

health or substance abuse service approaches are effective

within the judicial system, and how community-based mental

health or substance abuse services can be more effective,

including relevant regional, ethnic, and gender-related considerations; and

‘‘(4) provide information, training, and technical assistance

to State and local governmental officials to enhance the capacity

of such officials to provide appropriate services relating to

mental health or substance abuse.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there is authorized to be appropriated

$4,000,000 for fiscal year 2001, and such sums as may be necessary

for fiscal years 2002 and 2003.’’.

(c) PREVENTION OF ABUSE AND ADDICTION.—Subpart 2 of part

B of title V of the Public Health Service Act (42 U.S.C. 290bb–

21 et seq.) is amended by adding the following:

‘‘SEC. 519E. PREVENTION OF METHAMPHETAMINE AND INHALANT

ABUSE AND ADDICTION.

‘‘(a) GRANTS.—The Director of the Center for Substance Abuse

Prevention (referred to in this section as the ‘Director’) may make

42 USC 290bb–

25e.

Grants.

Contracts.

42 USC 290bb–

34.

114 STAT. 1174 PUBLIC LAW 106–310—OCT. 17, 2000

grants to and enter into contracts and cooperative agreements with

public and nonprofit private entities to enable such entities—

‘‘(1) to carry out school-based programs concerning the dangers of methamphetamine or inhalant abuse and addiction,

using methods that are effective and evidence-based, including

initiatives that give students the responsibility to create their

own anti-drug abuse education programs for their schools; and

‘‘(2) to carry out community-based methamphetamine or

inhalant abuse and addiction prevention programs that are

effective and evidence-based.

‘‘(b) USE OF FUNDS.—Amounts made available under a grant,

contract or cooperative agreement under subsection (a) shall be

used for planning, establishing, or administering methamphetamine

or inhalant prevention programs in accordance with subsection

(c).

‘‘(c) PREVENTION PROGRAMS AND ACTIVITIES.—

‘‘(1) IN GENERAL.—Amounts provided under this section

may be used—

‘‘(A) to carry out school-based programs that are

focused on those districts with high or increasing rates

of methamphetamine or inhalant abuse and addiction and

targeted at populations which are most at risk to start

methamphetamine or inhalant abuse;

‘‘(B) to carry out community-based prevention programs that are focused on those populations within the

community that are most at-risk for methamphetamine

or inhalant abuse and addiction;

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

appropriate methamphetamine or inhalant prevention

activities;

‘‘(D) to train and educate State and local law enforcement officials, prevention and education officials, members

of community anti-drug coalitions and parents on the signs

of methamphetamine or inhalant abuse and addiction and

the options for treatment and prevention;

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

activities related to the prevention of methamphetamine

or inhalant abuse and addiction;

‘‘(F) for the monitoring and evaluation of methamphetamine or inhalant prevention activities, and reporting and

disseminating resulting information to the public; and

‘‘(G) for targeted pilot programs with evaluation components to encourage innovation and experimentation with

new methodologies.

‘‘(2) PRIORITY.—The Director shall give priority in making

grants under this section to rural and urban areas that are

experiencing a high rate or rapid increases in methamphetamine or inhalant abuse and addiction.

‘‘(d) ANALYSES AND EVALUATION.—

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

in each fiscal year to carry out this section shall be made

available to the Director, acting in consultation with other

Federal agencies, to support and conduct periodic analyses

and evaluations of effective prevention programs for methamphetamine or inhalant abuse and addiction and the development of appropriate strategies for disseminating information

about and implementing these programs.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1175

‘‘(2) ANNUAL REPORTS.—The Director shall submit to the

Committee on Health, Education, Labor, and Pensions and

the Committee on Appropriations of the Senate and the Committee on Commerce and Committee on Appropriations of the

House of Representatives, an annual report with the results

of the analyses and evaluation under paragraph (1).

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out subsection (a), $10,000,000 for

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

of fiscal years 2002 and 2003.’’.

SEC. 3105. COMPREHENSIVE COMMUNITY SERVICES FOR CHILDREN

WITH SERIOUS EMOTIONAL DISTURBANCE.

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

Service Act (42 U.S.C. 290ff(c)(1)(D)) is amended by striking ‘‘fifth’’

and inserting ‘‘fifth and sixth’’.

(b) FLEXIBILITY FOR INDIAN TRIBES AND TERRITORIES.—Section

562 of the Public Health Service Act (42 U.S.C. 290ff–1) is amended

by adding at the end the following:

‘‘(g) WAIVERS.—The Secretary may waive one or more of the

requirements of subsection (c) for a public entity that is an Indian

Tribe or tribal organization, or American Samoa, Guam, the Marshall Islands, the Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, the Republic of Palau,

or the United States Virgin Islands if the Secretary determines,

after peer review, that the system of care is family-centered and

uses the least restrictive environment that is clinically appropriate.’’.

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

Service Act (42 U.S.C. 290ff–4(a)) is amended by striking ‘‘5 fiscal’’

and inserting ‘‘6 fiscal’’.

(d) AUTHORIZATION OF APPROPRIATIONS.—Section 565(f )(1) of

the Public Health Service Act (42 U.S.C. 290ff–4(f )(1)) is amended

by striking ‘‘1993’’ and all that follows and inserting ‘‘2001, and

such sums as may be necessary for each of the fiscal years 2002

and 2003.’’.

(e) CURRENT GRANTEES.— (1) IN GENERAL.—Entities with active grants under section

561 of the Public Health Service Act (42 U.S.C. 290ff) on

the date of the enactment of this Act shall be eligible to receive

a sixth year of funding under the grant in an amount not

to exceed the amount that such grantee received in the fifth

year of funding under such grant. Such sixth year may be

funded without requiring peer and Advisory Council review

as required under section 504 of such Act (42 U.S.C. 290aa–

3).

(2) LIMITATION.—Paragraph (1) shall apply with respect

to a grantee only if the grantee agrees to comply with the

provisions of section 561 as amended by subsection (a).

SEC. 3106. SERVICES FOR CHILDREN OF SUBSTANCE ABUSERS.

(a) ADMINISTRATION AND ACTIVITIES.—

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

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

(A) in paragraph (1), by striking ‘‘Administrator’’ and

all that follows through ‘‘Administration’’ and inserting

‘‘Administrator of the Substance Abuse and Mental Health

Services Administration’’; and

42 USC 290ff

note.

114 STAT. 1176 PUBLIC LAW 106–310—OCT. 17, 2000

(B) in paragraph (2), by striking ‘‘Administrator of

the Substance Abuse and Mental Health Services Administration’’ and inserting ‘‘Administrator of the Health

Resources and Services Administration’’.

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

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

(A) in subparagraph (B), by striking ‘‘and’’ at the end;

(B) in subparagraph (C), by striking the period and

inserting the following: ‘‘through youth service agencies,

family social services, child care providers, Head Start,

schools and after-school programs, early childhood development programs, community-based family resource and support centers, the criminal justice system, health, substance

abuse and mental health providers through screenings conducted during regular childhood examinations and other

examinations, self and family member referrals, substance

abuse treatment services, and other providers of services

to children and families; and’’; and

(C) by adding at the end the following:

‘‘(D) to provide education and training to health, substance abuse and mental health professionals, and other

providers of services to children and families through youth

service agencies, family social services, child care, Head

Start, schools and after-school programs, early childhood

development programs, community-based family resource

and support centers, the criminal justice system, and other

providers of services to children and families.’’.

(3) IDENTIFICATION OF CERTAIN CHILDREN.—Section

399D(a)(3)(A) of the Public Health Service Act (42 U.S.C.

280d(a)(3)(A)) is amended—

(A) in clause (i), by striking ‘‘(i) the entity’’ and

inserting ‘‘(i)(I) the entity’’;

(B) in clause (ii)—

(i) by striking ‘‘(ii) the entity’’ and inserting ‘‘(II)

the entity’’; and

(ii) by striking the period and inserting ‘‘; and’’;

and

(C) by adding at the end the following:

‘‘(ii) the entity will identify children who may be

eligible for medical assistance under a State program

under title XIX or XXI of the Social Security Act.’’.

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

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

(1) in paragraph (1), by inserting ‘‘alcohol and drug,’’ after

‘‘psychological,’’;

(2) by striking paragraph (5) and inserting the following:

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

early intervention, treatment and prevention services.’’; and

(3) by inserting after paragraph (8), the following:

‘‘Services shall be provided under paragraphs (2) through (8) by

a public health nurse, social worker, or similar professional, or

by a trained worker from the community who is supervised by

a professional, or by an entity, where the professional or entity

provides assurances that the professional or entity is licensed or

certified by the State if required and is complying with applicable

licensure or certification requirements.’’.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1177

(c) SERVICES FOR AFFECTED FAMILIES.—Section 399D(c) of the

Public Health Service Act (42 U.S.C. 280d(c)) is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by

inserting before the colon the following: ‘‘, or by an entity,

where the professional or entity provides assurances that

the professional or entity is licensed or certified by the

State if required and is complying with applicable licensure

or certification requirements’’; and

(B) by adding at the end the following:

‘‘(D) Aggressive outreach to family members with substance abuse problems.

‘‘(E) Inclusion of consumer in the development,

implementation, and monitoring of Family Services Plan.’’;

(2) in paragraph (2)—

(A) by striking subparagraph (A) and inserting the

following:

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

screening and assessment, diagnosis, detoxification, individual, group and family counseling, relapse prevention,

pharmacotherapy treatment, after-care services, and case

management.’’;

(B) in subparagraph (C), by striking ‘‘, including educational and career planning’’ and inserting ‘‘and counseling

on the human immunodeficiency virus and acquired

immune deficiency syndrome’’;

(C) in subparagraph (D), by striking ‘‘conflict and’’;

and

(D) in subparagraph (E), by striking ‘‘Remedial’’ and

inserting ‘‘Career planning and’’; and

(3) in paragraph (3)(D), by inserting ‘‘which include child

abuse and neglect prevention techniques’’ before the period.

(d) ELIGIBLE ENTITIES.—Section 399D(d) of the Public Health

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

(1) by striking the matter preceding paragraph (1) and

inserting:

‘‘(d) ELIGIBLE ENTITIES.—The Secretary shall distribute the

grants through the following types of entities:’’;

(2) in paragraph (1), by striking ‘‘drug treatment’’ and

inserting ‘‘drug early intervention, prevention or treatment’’;

and

(3) in paragraph (2)—

(A) in subparagraph (A), by striking ‘‘; and’’ and

inserting ‘‘; or’’; and

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

health or mental health providers and family mental health

providers’’ before the period.

(e) SUBMISSION OF INFORMATION.—Section 399D(h) of the Public

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

(1) in paragraph (2)—

(A) by inserting ‘‘including maternal and child health’’

before ‘‘mental’’;

(B) by striking ‘‘treatment programs’’; and

(C) by striking ‘‘and the State agency responsible for

administering public maternal and child health services’’

and inserting ‘‘, the State agency responsible for administering alcohol and drug programs, the State lead agency,

114 STAT. 1178 PUBLIC LAW 106–310—OCT. 17, 2000

and the State Interagency Coordinating Council under part

H of the Individuals with Disabilities Education Act; and’’;

and

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

(4) as paragraph (3).

(f ) REPORTS TO THE SECRETARY.—Section 399D(i)(6) of the

Public Health Service Act (42 U.S.C. 280d(i)(6)) is amended—

(1) in subparagraph (B), by adding ‘‘and’’ at the end; and

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

inserting the following:

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

trained to identify and address substance abuse issues.’’.

(g) EVALUATIONS.—Section 399D(l) of the Public Health Service

Act (42 U.S.C. 280d(l)) is amended—

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

(2) in paragraph (4), by striking the semicolon and inserting

the following: ‘‘, including increased participation in work or

employment-related activities and decreased participation in

welfare programs.’’; and

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

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

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

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

(2) in paragraph (3)—

(A) in subparagraph (A), by adding ‘‘and’’ at the end;

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

and inserting a period; and

(C) by striking subparagraphs (C), (D), and (E); and

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

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

Service Act (42 U.S.C. 280d(n)) is amended by adding at the end

the following: ‘‘The periodic report shall include a quantitative

estimate of the prevalence of alcohol and drug problems in families

involved in the child welfare system, the barriers to treatment

and prevention services facing these families, and policy recommendations for removing the identified barriers, including

training for child welfare workers.’’.

( j) DEFINITION.—Section 399D(o)(2)(B) of the Public Health

Service Act (42 U.S.C. 280d(o)(2)(B)) is amended by striking ‘‘dangerous’’.

(k) AUTHORIZATION OF APPROPRIATIONS.—Section 399D(p) of

the Public Health Service Act (42 U.S.C. 280d(p)) is amended to

read as follows:

‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

$50,000,000 for fiscal year 2001, and such sums as may be necessary

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

(l) GRANTS FOR TRAINING AND CONFORMING AMENDMENTS.—

Section 399D of the Public Health Service Act (42 U.S.C. 280d)

is amended—

(1) by striking subsection (f );

(2) by striking subsection (k);

(3) by redesignating subsections (d), (e), (g), (h), (i), ( j),

(l), (m), (n), (o), and (p) as subsections (e) through (o), respectively;

(4) by inserting after subsection (c), the following:

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1179

‘‘(d) TRAINING FOR PROVIDERS OF SERVICES TO CHILDREN AND

FAMILIES.—The Secretary may make a grant under subsection (a)

for the training of health, substance abuse and mental health

professionals and other providers of services to children and families

through youth service agencies, family social services, child care

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

childhood development programs, community-based family resource

centers, the criminal justice system, and other providers of services

to children and families. Such training shall be to assist professionals in recognizing the drug and alcohol problems of their clients

and to enhance their skills in identifying and understanding the

nature of substance abuse, and obtaining substance abuse early

intervention, prevention and treatment resources.’’;

(5) in subsection (k)(2) (as so redesignated), by striking

‘‘(h)’’ and inserting ‘‘(i)’’; and

(6) in paragraphs (3)(E) and (5) of subsection (m) (as so

redesignated), by striking ‘‘(d)’’ and inserting ‘‘(e)’’.

(m) TRANSFER AND REDESIGNATION.—Section 399D of the Public

Health Service Act (42 U.S.C. 280d), as amended by this section—

(1) is transferred to title V;

(2) is redesignated as section 519; and

(3) is inserted after section 518.

(n) CONFORMING AMENDMENT.—Title III of the Public Health

Service Act (42 U.S.C. 241 et seq.) is amended by striking the

heading of part L.

SEC. 3107. SERVICES FOR YOUTH OFFENDERS.

Subpart 3 of part B of title V of the Public Health Service

Act (42 U.S.C. 290bb–31 et seq.), as amended by section 3104(b),

is further amended by adding at the end the following:

‘‘SEC. 520D. SERVICES FOR YOUTH OFFENDERS.

‘‘(a) IN GENERAL.—The Secretary, acting through the Director

of the Center for Mental Health Services, and in consultation with

the Director of the Center for Substance Abuse Treatment, the

Administrator of the Office of Juvenile Justice and Delinquency

Prevention, and the Director of the Special Education Programs,

shall award grants on a competitive basis to State or local juvenile

justice agencies to enable such agencies to provide aftercare services

for youth offenders who have been discharged from facilities in

the juvenile or criminal justice system and have serious emotional

disturbances or are at risk of developing such disturbances.

‘‘(b) USE OF FUNDS.—A State or local juvenile justice agency

receiving a grant under subsection (a) shall use the amounts provided under the grant—

‘‘(1) to develop a plan describing the manner in which

the agency will provide services for each youth offender who

has a serious emotional disturbance and has been detained

or incarcerated in facilities within the juvenile or criminal

justice system;

‘‘(2) to provide a network of core or aftercare services or

access to such services for each youth offender, including diagnostic and evaluation services, substance abuse treatment services, outpatient mental health care services, medication

management services, intensive home-based therapy, intensive

day treatment services, respite care, and therapeutic foster

care;

42 USC 290bb–

35.

42 USC 290bb–

25.

114 STAT. 1180 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(3) to establish a program that coordinates with other

State and local agencies providing recreational, social, educational, vocational, or operational services for youth, to enable

the agency receiving a grant under this section to provide

community-based system of care services for each youth

offender that addresses the special needs of the youth and

helps the youth access all of the aforementioned services; and

‘‘(4) using not more than 20 percent of funds received,

to provide planning and transition services as described in

paragraph (3) for youth offenders while such youth are incarcerated or detained.

‘‘(c) APPLICATION.—A State or local juvenile justice agency that

desires a grant under subsection (a) shall submit an application

to the Secretary at such time, in such manner, and accompanied

by such information as the Secretary may reasonably require.

‘‘(d) REPORT.—Not later than 3 years after the date of the

enactment of this section and annually thereafter, the Secretary

shall prepare and submit, to the Committee on Health, Education,

Labor, and Pensions of the Senate and the Committee on Commerce

of the House of Representatives, a report that describes the services

provided pursuant to this section.

‘‘(e) DEFINITIONS.—In this section:

‘‘(1) SERIOUS EMOTIONAL DISTURBANCE.—The term ‘serious

emotional disturbance’ with respect to a youth offender means

an offender who currently, or at any time within the 1-year

period ending on the day on which services are sought under

this section, has a diagnosable mental, behavioral, or emotional

disorder that functionally impairs the offender’s life by substantially limiting the offender’s role in family, school, or community

activities, and interfering with the offender’s ability to achieve

or maintain one or more developmentally-appropriate social,

behavior, cognitive, communicative, or adaptive skills.

‘‘(2) COMMUNITY-BASED SYSTEM OF CARE.—The term

‘community-based system of care’ means the provision of services for the youth offender by various State or local agencies

that in an interagency fashion or operating as a network

addresses the recreational, social, educational, vocational,

mental health, substance abuse, and operational needs of the

youth offender.

‘‘(3) YOUTH OFFENDER.—The term ‘youth offender’ means

an individual who is 21 years of age or younger who has

been discharged from a State or local juvenile or criminal

justice system, except that if the individual is between the

ages of 18 and 21 years, such individual has had contact with

the State or local juvenile or criminal justice system prior

to attaining 18 years of age and is under the jurisdiction

of such a system at the time services are sought.

‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $40,000,000 for fiscal

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

years 2002 and 2003.’’.

SEC. 3108. GRANTS FOR STRENGTHENING FAMILIES THROUGH

COMMUNITY PARTNERSHIPS.

Subpart 2 of part B of title V of the Public Health Service

Act (42 U.S.C. 290bb–21 et seq.) is amended by adding at the

end the following:

Deadline.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1181

‘‘SEC. 519A. GRANTS FOR STRENGTHENING FAMILIES.

‘‘(a) PROGRAM AUTHORIZED.—The Secretary, acting through the

Director of the Prevention Center, may make grants to public

and nonprofit private entities to develop and implement model

substance abuse prevention programs to provide early intervention

and substance abuse prevention services for individuals of highrisk families and the communities in which such individuals reside.

‘‘(b) PRIORITY.—In awarding grants under subsection (a), the

Secretary shall give priority to applicants that—

‘‘(1) have proven experience in preventing substance abuse

by individuals of high-risk families and reducing substance

abuse in communities of such individuals;

‘‘(2) have demonstrated the capacity to implement community-based partnership initiatives that are sensitive to the

diverse backgrounds of individuals of high-risk families and

the communities of such individuals;

‘‘(3) have experience in providing technical assistance to

support substance abuse prevention programs that are community-based;

‘‘(4) have demonstrated the capacity to implement researchbased substance abuse prevention strategies; and

‘‘(5) have implemented programs that involve families, residents, community agencies, and institutions in the implementation and design of such programs.

‘‘(c) DURATION OF GRANTS.—The Secretary shall award grants

under subsection (a) for a period not to exceed 5 years.

‘‘(d) USE OF FUNDS.—An applicant that is awarded a grant

under subsection (a) shall—

‘‘(1) in the first fiscal year that such funds are received

under the grant, use such funds to develop a model substance

abuse prevention program; and

‘‘(2) in the fiscal year following the first fiscal year that

such funds are received, use such funds to implement the

program developed under paragraph (1) to provide early intervention and substance abuse prevention services to—

‘‘(A) strengthen the environment of children of high

risk families by targeting interventions at the families

of such children and the communities in which such children reside;

‘‘(B) strengthen protective factors, such as—

‘‘(i) positive adult role models;

‘‘(ii) messages that oppose substance abuse;

‘‘(iii) community actions designed to reduce accessibility to and use of illegal substances; and

‘‘(iv) willingness of individuals of families in which

substance abuse occurs to seek treatment for substance

abuse;

‘‘(C) reduce family and community risks, such as family

violence, alcohol or drug abuse, crime, and other behaviors

that may effect healthy child development and increase

the likelihood of substance abuse; and

‘‘(D) build collaborative and formal partnerships

between community agencies, institutions, and businesses

to ensure that comprehensive high quality services are

provided, such as early childhood education, health care,

family support programs, parent education programs, and

home visits for infants.

42 USC 290bb–

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114 STAT. 1182 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(e) APPLICATION.—To be eligible to receive a grant under subsection (a), an applicant shall prepare and submit to the Secretary

an application that—

‘‘(1) describes a model substance abuse prevention program

that such applicant will establish;

‘‘(2) describes the manner in which the services described

in subsection (d)(2) will be provided; and

‘‘(3) describe in as much detail as possible the results

that the entity expects to achieve in implementing such a

program.

‘‘(f ) MATCHING FUNDING.—The Secretary may not make a grant

to a entity under subsection (a) unless that entity agrees that,

with respect to the costs to be incurred by the entity in carrying

out the program for which the grant was awarded, the entity

will make available non-Federal contributions in an amount that

is not less than 40 percent of the amount provided under the

grant.

‘‘(g) REPORT TO SECRETARY.—An applicant that is awarded a

grant under subsection (a) shall prepare and submit to the Secretary

a report in such form and containing such information as the

Secretary may require, including an assessment of the efficacy

of the model substance abuse prevention program implemented

by the applicant and the short, intermediate, and long term results

of such program.

‘‘(h) EVALUATIONS.—The Secretary shall conduct evaluations,

based in part on the reports submitted under subsection (g), to

determine the effectiveness of the programs funded under subsection (a) in reducing substance use in high-risk families and

in making communities in which such families reside in stronger.

The Secretary shall submit such evaluations to the appropriate

committees of Congress.

‘‘(i) HIGH-RISK FAMILIES.—In this section, the term ‘high-risk

family’ means a family in which the individuals of such family

are at a significant risk of using or abusing alcohol or any illegal

substance.

‘‘( j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section, $3,000,000 for fiscal

year 2001, and such sums as may be necessary for each of the

fiscal years 2002 and 2003.’’.

SEC. 3109. PROGRAMS TO REDUCE UNDERAGE DRINKING.

Subpart 2 of part B of title V of the Public Health Service

Act (42 U.S.C. 290bb–21 et seq.), as amended by section 3108,

is further amended by adding at the end the following:

‘‘SEC. 519B. PROGRAMS TO REDUCE UNDERAGE DRINKING.

‘‘(a) IN GENERAL.—The Secretary shall make awards of grants,

cooperative agreements, or contracts to public and nonprofit private

entities, including Indian tribes and tribal organizations, to enable

such entities to develop plans for and to carry out school-based

(including institutions of higher education) and community-based

programs for the prevention of alcoholic-beverage consumption by

individuals who have not attained the legal drinking age.

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

award under subsection (a), an entity shall provide any assurances

to the Secretary which the Secretary may require, including that

the entity will—

Grants.

Contracts.

42 USC 290bb–

25b.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1183

‘‘(1) annually report to the Secretary on the effectiveness

of the prevention approaches implemented by the entity;

‘‘(2) use science based and age appropriate approaches;

and

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

prevention program staff in the planning and implementation

of the program.

‘‘(c) EVALUATION.—The Secretary shall evaluate each project

under subsection (a) and shall disseminate the findings with respect

to each such evaluation to appropriate public and private entities.

‘‘(d) GEOGRAPHICAL DISTRIBUTION.—The Secretary shall ensure

that awards will be distributed equitably among the regions of

the country and among urban and rural areas.

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

subsection (a), the period during which payments under such award

are made to the recipient may not exceed 5 years. The preceding

sentence may not be construed as establishing a limitation on

the number of awards under such subsection that may be made

to the recipient.

‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

$25,000,000 for fiscal year 2001, and such sums as may be necessary

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

SEC. 3110. SERVICES FOR INDIVIDUALS WITH FETAL ALCOHOL SYNDROME.

Subpart 2 of part B of title V of the Public Health Service

Act (42 U.S.C. 290bb–21 et seq.), as amended by sections 3108

and 3109, is further amended by adding at the end the following:

‘‘SEC. 519C. SERVICES FOR INDIVIDUALS WITH FETAL ALCOHOL SYNDROME.

‘‘(a) IN GENERAL.—The Secretary shall make awards of grants,

cooperative agreements, or contracts to public and nonprofit private

entities, including Indian tribes and tribal organizations, to provide

services to individuals diagnosed with fetal alcohol syndrome or

alcohol-related birth defects.

‘‘(b) USE OF FUNDS.—An award under subsection (a) may, subject to subsection (d), be used to—

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

level of services needed;

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

to the individual;

‘‘(3) provide mental health counseling;

‘‘(4) provide substance abuse prevention services and treatment, if needed;

‘‘(5) coordinate services with other social programs

including social services, justice system, educational services,

health services, mental health and substance abuse services,

financial assistance programs, vocational services and housing

assistance programs;

‘‘(6) provide vocational services;

‘‘(7) provide health counseling;

‘‘(8) provide housing assistance;

‘‘(9) parenting skills training;

‘‘(10) overall case management;

‘‘(11) supportive services for families of individuals with

Fetal Alcohol Syndrome; and

Grants.

Contracts.

42 USC 290bb–

25c.

114 STAT. 1184 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(12) provide other services and programs, to the extent

authorized by the Secretary after consideration of recommendations made by the National Task Force on Fetal Alcohol Syndrome.

‘‘(c) REQUIREMENTS.—To be eligible to receive an award under

subsection (a), an applicant shall—

‘‘(1) demonstrate that the program will be part of a coordinated, comprehensive system of care for such individuals;

‘‘(2) demonstrate an established communication with other

social programs in the community including social services,

justice system, financial assistance programs, health services,

educational services, mental health and substance abuse services, vocational services and housing assistance services;

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

alcohol syndrome or alcohol-related birth defects;

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

in a culturally and linguistically appropriate manner; and

‘‘(5) provide assurance that at the end of the 5-year award

period, other mechanisms will be identified to meet the needs

of the individuals and families served under such award.

‘‘(d) RELATIONSHIP TO PAYMENTS UNDER OTHER PROGRAMS.—

An award may be made under subsection (a) only if the applicant

involved agrees that the award will not be expended to pay the

expenses of providing any service under this section to an individual

to the extent that payment has been made, or can reasonably

be expected to be made, with respect to such expenses—

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

insurance policy, or under any Federal or State health benefits

program; or

‘‘(2) by an entity that provides health services on a prepaid

basis.

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

subsection (a), the period during which payments under such award

are made to the recipient may not exceed 5 years.

‘‘(f ) EVALUATION.—The Secretary shall evaluate each project

carried out under subsection (a) and shall disseminate the findings

with respect to each such evaluation to appropriate public and

private entities.

‘‘(g) FUNDING.—

‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—For the purpose

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

may be necessary for each of the fiscal years 2002 and 2003.

‘‘(2) ALLOCATION.—Of the amounts appropriated under

paragraph (1) for a fiscal year, not less than $300,000 shall,

for purposes relating to fetal alcohol syndrome and alcoholrelated birth defects, be made available for collaborative, coordinated interagency efforts with the National Institute on Alcohol

Abuse and Alcoholism, the National Institute on Child Health

and Human Development, the Health Resources and Services

Administration, the Agency for Healthcare Research and

Quality, the Centers for Disease Control and Prevention, the

Department of Education, and the Department of Justice.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1185

‘‘SEC. 519D. CENTERS OF EXCELLENCE ON SERVICES FOR INDIVIDUALS

WITH FETAL ALCOHOL SYNDROME AND ALCOHOLRELATED BIRTH DEFECTS AND TREATMENT FOR

INDIVIDUALS WITH SUCH CONDITIONS AND THEIR FAMILIES.

‘‘(a) IN GENERAL.—The Secretary shall make awards of grants,

cooperative agreements, or contracts to public or nonprofit private

entities for the purposes of establishing not more than four centers

of excellence to study techniques for the prevention of fetal alcohol

syndrome and alcohol-related birth defects and adaptations of

innovative clinical interventions and service delivery improvements

for the provision of comprehensive services to individuals with

fetal alcohol syndrome or alcohol-related birth defects and their

families and for providing training on such conditions.

‘‘(b) USE OF FUNDS.—An award under subsection (a) may be

used to—

‘‘(1) study adaptations of innovative clinical interventions

and service delivery improvements strategies for children and

adults with fetal alcohol syndrome or alcohol-related birth

defects and their families;

‘‘(2) identify communities which have an exemplary comprehensive system of care for such individuals so that they

can provide technical assistance to other communities

attempting to set up such a system of care;

‘‘(3) provide technical assistance to communities who do

not have a comprehensive system of care for such individuals

and their families;

‘‘(4) train community leaders, mental health and substance

abuse professionals, families, law enforcement personnel,

judges, health professionals, persons working in financial assistance programs, social service personnel, child welfare professionals, and other service providers on the implications of fetal

alcohol syndrome and alcohol-related birth defects, the early

identification of and referral for such conditions;

‘‘(5) develop innovative techniques for preventing alcohol

use by women in child bearing years;

‘‘(6) perform other functions, to the extent authorized by

the Secretary after consideration of recommendations made

by the National Task Force on Fetal Alcohol Syndrome.

‘‘(c) REPORT.—

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

(a) shall at the end of the period of funding report to the

Secretary on any innovative techniques that have been discovered for preventing alcohol use among women of child bearing

years.

‘‘(2) DISSEMINATION OF FINDINGS.—The Secretary shall

upon receiving a report under paragraph (1) disseminate the

findings to appropriate public and private entities.

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

subsection (a), the period during which payments under such award

are made to the recipient may not exceed 5 years.

‘‘(e) EVALUATION.—The Secretary shall evaluate each project

carried out under subsection (a) and shall disseminate the findings

with respect to each such evaluation to appropriate public and

private entities.

‘‘(f ) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

Grants.

Contracts.

42 USC 290bb–

25d.

114 STAT. 1186 PUBLIC LAW 106–310—OCT. 17, 2000

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

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

SEC. 3111. SUICIDE PREVENTION.

Subpart 3 of part B of title V of the Public Health Service

Act (42 U.S.C. 290bb–31 et seq.), as amended by section 3107,

is further amended by adding at the end the following:

‘‘SEC. 520E. SUICIDE PREVENTION FOR CHILDREN AND ADOLESCENTS.

‘‘(a) IN GENERAL.—The Secretary shall award grants, contracts,

or cooperative agreements to States, political subdivisions of States,

Indian tribes, tribal organizations, public organizations, or private

nonprofit organizations to establish programs to reduce suicide

deaths in the United States among children and adolescents.

‘‘(b) COLLABORATION.—In carrying out subsection (a), the Secretary shall ensure that activities under this section are coordinated

among the Substance Abuse and Mental Health Services Administration, the relevant institutes at the National Institutes of Health,

the Centers for Disease Control and Prevention, the Health

Resources and Services Administration, and the Administration

on Children and Families.

‘‘(c) REQUIREMENTS.—A State, political subdivision of a State,

Indian tribe, tribal organization, public organization, or private

nonprofit organization desiring a grant, contract, or cooperative

agreement under this section shall demonstrate that the suicide

prevention program such entity proposes will—

‘‘(1) provide for the timely assessment, treatment, or

referral for mental health or substance abuse services of children and adolescents at risk for suicide;

‘‘(2) be based on best evidence-based, suicide prevention

practices and strategies that are adapted to the local community;

‘‘(3) integrate its suicide prevention program into the

existing health care system in the community including primary

health care, mental health services, and substance abuse services;

‘‘(4) be integrated into other systems in the community

that address the needs of children and adolescents including

the educational system, juvenile justice system, welfare and

child protection systems, and community youth support

organizations;

‘‘(5) use primary prevention methods to educate and raise

awareness in the local community by disseminating evidencebased information about suicide prevention;

‘‘(6) include suicide prevention, mental health, and related

information and services for the families and friends of those

who completed suicide, as needed;

‘‘(7) provide linguistically appropriate and culturally competent services, as needed;

‘‘(8) provide a plan for the evaluation of outcomes and

activities at the local level, according to standards established

by the Secretary, and agree to participate in a national evaluation; and

‘‘(9) ensure that staff used in the program are trained

in suicide prevention and that professionals involved in the

system of care have received training in identifying persons

at risk of suicide.

Grants.

Contracts.

42 USC 290bb–

36.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1187

‘‘(d) USE OF FUNDS.—Amounts provided under grants, contracts,

or cooperative agreements under subsection (a) shall be used to

supplement and not supplant other Federal, State, and local public

funds that are expended to provide services for eligible individuals.

‘‘(e) CONDITION.—An applicant for a grant, contract, or cooperative agreement under subsection (a) shall demonstrate to the Secretary that the applicant has the support of the local community

and relevant public health officials.

‘‘(f ) SPECIAL POPULATIONS.—In awarding grants, contracts, and

cooperative agreements under subsection (a), the Secretary shall

ensure that such awards are made in a manner that will focus

on the needs of communities or groups that experience high or

rapidly rising rates of suicide.

‘‘(g) APPLICATION.—A State, political subdivision of a State,

Indian tribe, tribal organization, public organization, or private

nonprofit organization receiving a grant, contract, or cooperative

agreement under subsection (a) shall prepare and submit an

application to the Secretary at such time, in such manner, and

containing such information as the Secretary may reasonably

require. Such application shall include a plan for the rigorous

evaluation of activities funded under the grant, contract, or cooperative agreement, including a process and outcome evaluation.

‘‘(h) DISTRIBUTION OF AWARDS.—In awarding grants, contracts,

and cooperative agreements under subsection (a), the Secretary

shall ensure that such awards are distributed among the geographical regions of the United States and between urban and

rural settings.

‘‘(i) EVALUATION.—A State, political subdivision of a State,

Indian tribe, tribal organization, public organization, or private

nonprofit organization receiving a grant, contract, or cooperative

agreement under subsection (a) shall prepare and submit to the

Secretary at the end of the program period, an evaluation of all

activities funded under this section.

‘‘( j) DISSEMINATION AND EDUCATION.—The Secretary shall

ensure that findings derived from activities carried out under this

section are disseminated to State, county and local governmental

agencies and public and private nonprofit organizations active in

promoting suicide prevention and family support activities.

‘‘(k) DURATION OF PROJECTS.—With respect to a grant, contract,

or cooperative agreement awarded under this section, the period

during which payments under such award may be made to the

recipient may not exceed 5 years.

‘‘(l) STUDY.—Within 1 year after the date of the enactment

of this section, the Secretary shall, directly or by grant or contract,

initiate a study to assemble and analyze data to identify—

‘‘(1) unique profiles of children under 13 who attempt or

complete suicide;

‘‘(2) unique profiles of youths between ages 13 and 21

who attempt or complete suicide; and

‘‘(3) a profile of services which might have been available

to these groups and the use of these services by children and

youths from paragraphs (1) and (2).

‘‘(m) AUTHORIZATION OF APPROPRIATION.—

‘‘(1) IN GENERAL.—For purposes of carrying out this section,

there is authorized to be appropriated $75,000,000 for fiscal

year 2001 and such sums as may be necessary for each of

the fiscal years 2002 through 2003.

Deadline.

114 STAT. 1188 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(2) PROGRAM MANAGEMENT.—In carrying out this section,

the Secretary shall use 1 percent of the amount appropriated

under paragraph (1) for each fiscal year for managing programs

under this section.’’.

SEC. 3112. GENERAL PROVISIONS.

(a) DUTIES OF THE CENTER FOR SUBSTANCE ABUSE TREATMENT.—Section 507(b) of the Public Health Service Act (42 U.S.C.

290bb(b)) is amended—

(1) by redesignating paragraphs (2) through (12) as paragraphs (4) through (14), respectively;

(2) by inserting after paragraph (1), the following:

‘‘(2) ensure that emphasis is placed on children and adolescents in the development of treatment programs;

‘‘(3) collaborate with the Attorney General to develop programs to provide substance abuse treatment services to individuals who have had contact with the Justice system, especially

adolescents;’’;

(3) in paragraph (7) (as so redesignated), by striking ‘‘services, and monitor’’ and all that follows through ‘‘1925’’ and

inserting ‘‘services’’;

(4) in paragraph (13) (as so redesignated), by striking

‘‘treatment, including’’ and all that follows through ‘‘which

shall’’ and inserting ‘‘treatment, which shall’’; and

(5) in paragraph 14 (as so redesignated), by striking ‘‘paragraph (11)’’ and inserting ‘‘paragraph (13)’’.

(b) OFFICE FOR SUBSTANCE ABUSE PREVENTION.—Section 515(b)

of the Public Health Service Act (42 U.S.C. 290bb–21(b)) is

amended—

(1) by redesignating paragraphs (9) and (10) as (10) and

(11);

(2) by inserting after paragraph (8), the following:

‘‘(9) collaborate with the Attorney General of the Department of Justice to develop programs to prevent drug abuse

among high risk youth;’’; and

(3) in paragraph (10) (as so redesignated), by striking

‘‘public concerning’’ and inserting ‘‘public, especially adolescent

audiences, concerning’’.

(c) DUTIES OF THE CENTER FOR MENTAL HEALTH SERVICES.—

Section 520(b) of the Public Health Service Act (42 U.S.C. 290bb–

3(b)) is amended—

(1) by redesignating paragraphs (3) through (14) as paragraphs (4) through (15), respectively;

(2) by inserting after paragraph (2), the following:

‘‘(3) collaborate with the Department of Education and

the Department of Justice to develop programs to assist local

communities in addressing violence among children and adolescents;’’;

(3) in paragraph (8) (as so redesignated), by striking ‘‘programs authorized’’ and all that follows through ‘‘Programs’’

and inserting ‘‘programs under part C’’; and

(4) in paragraph (9) (as so redesignated), by striking ‘‘program and programs’’ and all that follows through ‘‘303’’ and

inserting ‘‘programs’’.

42 USC 290bb–

31.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1189

TITLE XXXII—PROVISIONS RELATING

TO MENTAL HEALTH

SEC. 3201. PRIORITY MENTAL HEALTH NEEDS OF REGIONAL AND

NATIONAL SIGNIFICANCE.

(a) IN GENERAL.—Section 520A of the Public Health Service

Act (42 U.S.C. 290bb–32) is amended to read as follows:

‘‘SEC. 520A. PRIORITY MENTAL HEALTH NEEDS OF REGIONAL AND

NATIONAL SIGNIFICANCE.

‘‘(a) PROJECTS.—The Secretary shall address priority mental

health needs of regional and national significance (as determined

under subsection (b)) through the provision of or through assistance

for—

‘‘(1) knowledge development and application projects for

prevention, treatment, and rehabilitation, and the conduct or

support of evaluations of such projects;

‘‘(2) training and technical assistance programs;

‘‘(3) targeted capacity response programs; and

‘‘(4) systems change grants including statewide family network grants and client-oriented and consumer run self-help

activities.

The Secretary may carry out the activities described in this subsection directly or through grants or cooperative agreements with

States, political subdivisions of States, Indian tribes and tribal

organizations, other public or private nonprofit entities.

‘‘(b) PRIORITY MENTAL HEALTH NEEDS.— ‘‘(1) DETERMINATION OF NEEDS.—Priority mental health

needs of regional and national significance shall be determined

by the Secretary in consultation with States and other

interested groups. The Secretary shall meet with the States

and interested groups on an annual basis to discuss program

priorities.

‘‘(2) SPECIAL CONSIDERATION.—In developing program priorities described in paragraph (1), the Secretary shall give special

consideration to promoting the integration of mental health

services into primary health care systems.

‘‘(c) REQUIREMENTS.—

‘‘(1) IN GENERAL.—Recipients of grants, contracts, and

cooperative agreements under this section shall comply with

information and application requirements determined appropriate by the Secretary.

‘‘(2) DURATION OF AWARD.—With respect to a grant, contract, or cooperative agreement awarded under this section,

the period during which payments under such award are made

to the recipient may not exceed 5 years.

‘‘(3) MATCHING FUNDS.—The Secretary may, for projects

carried out under subsection (a), require that entities that

apply for grants, contracts, or cooperative agreements under

this section provide non-Federal matching funds, as determined

appropriate by the Secretary, to ensure the institutional

commitment of the entity to the projects funded under the

grant, contract, or cooperative agreement. Such non-Federal

matching funds may be provided directly or through donations

from public or private entities and may be in cash or in kind,

fairly evaluated, including plant, equipment, or services.

Grants.

Contracts.

114 STAT. 1190 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(4) MAINTENANCE OF EFFORT.—With respect to activities

for which a grant, contract or cooperative agreement is awarded

under this section, the Secretary may require that recipients

for specific projects under subsection (a) agree to maintain

expenditures of non-Federal amounts for such activities at a

level that is not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal

year for which the entity receives such a grant, contract, or

cooperative agreement.

‘‘(d) EVALUATION.—The Secretary shall evaluate each project

carried out under subsection (a)(1) and shall disseminate the

findings with respect to each such evaluation to appropriate public

and private entities.

‘‘(e) INFORMATION AND EDUCATION.— ‘‘(1) IN GENERAL.—The Secretary shall establish information and education programs to disseminate and apply the

findings of the knowledge development and application,

training, and technical assistance programs, and targeted

capacity response programs, under this section to the general

public, to health care professionals, and to interested groups.

The Secretary shall make every effort to provide linkages

between the findings of supported projects and State agencies

responsible for carrying out mental health services.

‘‘(2) RURAL AND UNDERSERVED AREAS.—In disseminating

information on evidence-based practices in the provision of children’s mental health services under this subsection, the Secretary shall ensure that such information is distributed to

rural and medically underserved areas.

‘‘(f ) AUTHORIZATION OF APPROPRIATION.— ‘‘(1) IN GENERAL.—There are authorized to be appropriated to carry out this section, $300,000,000 for fiscal year 2001,

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

years 2002 and 2003.

‘‘(2) DATA INFRASTRUCTURE.—If amounts are not appropriated for a fiscal year to carry out section 1971 with respect

to mental health, then the Secretary shall make available,

from the amounts appropriated for such fiscal year under paragraph (1), an amount equal to the sum of $6,000,000 and

10 percent of all amounts appropriated for such fiscal year

under such paragraph in excess of $100,000,000, to carry out

such section 1971.’’.

(b) CONFORMING AMENDMENTS.— (1) Section 303 of the Public Health Service Act (42 U.S.C.

242a) is repealed.

(2) Section 520B of the Public Health Service Act (42 U.S.C.

290bb–33) is repealed.

(3) Section 612 of the Stewart B. McKinney Homeless

Assistance Act (42 U.S.C. 290aa–3 note) is repealed.

SEC. 3202. GRANTS FOR THE BENEFIT OF HOMELESS INDIVIDUALS.

Section 506 of the Public Health Service Act (42 U.S.C. 290aa–

5) is amended to read as follows:

‘‘SEC. 506. GRANTS FOR THE BENEFIT OF HOMELESS INDIVIDUALS.

‘‘(a) IN GENERAL.—The Secretary shall award grants, contracts

and cooperative agreements to community-based public and private

nonprofit entities for the purposes of providing mental health and

substance abuse services for homeless individuals. In carrying out

42 USC 290bb–

32 note.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1191

this section, the Secretary shall consult with the Interagency

Council on the Homeless, established under section 201 of the

Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11311).

‘‘(b) PREFERENCES.—In awarding grants, contracts, and cooperative agreements under subsection (a), the Secretary shall give a

preference to—

‘‘(1) entities that provide integrated primary health, substance abuse, and mental health services to homeless individuals;

‘‘(2) entities that demonstrate effectiveness in serving runaway, homeless, and street youth;

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

abuse and mental health services to homeless individuals;

‘‘(4) entities that demonstrate experience in providing

housing for individuals in treatment for or in recovery from

mental illness or substance abuse; and

‘‘(5) entities that demonstrate effectiveness in serving

homeless veterans.

‘‘(c) SERVICES FOR CERTAIN INDIVIDUALS.—In awarding grants,

contracts, and cooperative agreements under subsection (a), the

Secretary shall not—

‘‘(1) prohibit the provision of services under such subsection

to homeless individuals who are suffering from a substance

abuse disorder and are not suffering from a mental health

disorder; and

‘‘(2) make payments under subsection (a) to any entity

that has a policy of—

‘‘(A) excluding individuals from mental health services

due to the existence or suspicion of substance abuse; or

‘‘(B) has a policy of excluding individuals from substance abuse services due to the existence or suspicion

of mental illness.

‘‘(d) TERM OF THE AWARDS.—No entity may receive a grant,

contract, or cooperative agreement under subsection (a) for more

than 5 years.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section, $50,000,000 for fiscal

year 2001, and such sums as may be necessary for each of the

fiscal years 2002 and 2003.’’.

SEC. 3203. PROJECTS FOR ASSISTANCE IN TRANSITION FROM

HOMELESSNESS.

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

Health Service Act (42 U.S.C. 290cc–22) is amended by adding

at the end the following:

‘‘(i) WAIVER FOR TERRITORIES.—With respect to the United

States Virgin Islands, Guam, American Samoa, Palau, the Marshall

Islands, and the Commonwealth of the Northern Mariana Islands,

the Secretary may waive the provisions of this part that the Secretary determines to be appropriate.’’.

(b) AUTHORIZATION OF APPROPRIATION.—Section 535(a) of the

Public Health Service Act (42 U.S.C. 290cc–35(a)) is amended by

striking ‘‘1991 through 1994’’ and inserting ‘‘2001 through 2003’’.

114 STAT. 1192 PUBLIC LAW 106–310—OCT. 17, 2000

SEC. 3204. COMMUNITY MENTAL HEALTH SERVICES PERFORMANCE

PARTNERSHIP BLOCK GRANT.

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

Service Act (42 U.S.C. 300x–2(b)) is amended by striking paragraphs

(1) through (12) and inserting the following:

‘‘(1) COMPREHENSIVE COMMUNITY-BASED MENTAL HEALTH

SYSTEMS.—The plan provides for an organized community-based

system of care for individuals with mental illness and describes

available services and resources in a comprehensive system

of care, including services for dually diagnosed individuals.

The description of the system of care shall include health

and mental health services, rehabilitation services, employment

services, housing services, educational services, substance abuse

services, medical and dental care, and other support services

to be provided to individuals with Federal, State and local

public and private resources to enable such individuals to function outside of inpatient or residential institutions to the maximum extent of their capabilities, including services to be provided by local school systems under the Individuals with

Disabilities Education Act. The plan shall include a separate

description of case management services and provide for activities leading to reduction of hospitalization.

‘‘(2) MENTAL HEALTH SYSTEM DATA AND EPIDEMIOLOGY.—

The plan contains an estimate of the incidence and prevalence

in the State of serious mental illness among adults and serious

emotional disturbance among children and presents quantitative targets to be achieved in the implementation of the

system described in paragraph (1).

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

serious emotional disturbance, the plan—

‘‘(A) subject to subparagraph (B), provides for a system

of integrated social services, educational services, juvenile

services, and substance abuse services that, together with

health and mental health services, will be provided in

order for such children to receive care appropriate for their

multiple needs (such system to include services provided

under the Individuals with Disabilities Education Act);

‘‘(B) provides that the grant under section 1911 for

the fiscal year involved will not be expended to provide

any service under such system other than comprehensive

community mental health services; and

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

geographic area for the provision of the services of such

system.

‘‘(4) TARGETED SERVICES TO RURAL AND HOMELESS POPULATIONS.—The plan describes the State’s outreach to and services for individuals who are homeless and how communitybased services will be provided to individuals residing in rural

areas.

‘‘(5) MANAGEMENT SYSTEMS.—The plan describes the financial resources, staffing and training for mental health providers

that is necessary to implement the plan, and provides for

the training of providers of emergency health services regarding

mental health. The plan further describes the manner in which

the State intends to expend the grant under section 1911 for

the fiscal year involved.

42 USC 300x–1.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1193

Except as provided for in paragraph (3), the State plan shall contain

the information required under this subsection with respect to

both adults with serious mental illness and children with serious

emotional disturbance.’’.

(b) REVIEW OF PLANNING COUNCIL OF STATE’S REPORT.—Section

1915(a) of the Public Health Service Act (42 U.S.C. 300x–4(a))

is amended—

(1) in paragraph (1), by inserting ‘‘and the report of the

State under section 1942(a) concerning the preceding fiscal

year’’ after ‘‘to the grant’’; and

(2) in paragraph (2), by inserting before the period ‘‘and

any comments concerning the annual report’’.

(c) MAINTENANCE OF EFFORT.—Section 1915(b) of the Public

Health Service Act (42 U.S.C. 300x–4(b)) is amended—

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

(3) and (4), respectively; and

(2) by inserting after paragraph (1), the following:

‘‘(2) EXCLUSION OF CERTAIN FUNDS.—The Secretary may

exclude from the aggregate State expenditures under subsection

(a), funds appropriated to the principle agency for authorized

activities which are of a non-recurring nature and for a specific

purpose.’’.

(d) APPLICATION FOR GRANTS.—Section 1917(a)(1) of the Public

Health Service Act (42 U.S.C. 300x–6(a)(1)) is amended to read

as follows:

‘‘(1) the plan is received by the Secretary not later than

September 1 of the fiscal year prior to the fiscal year for

which a State is seeking funds, and the report from the previous

fiscal year as required under section 1941 is received by

December 1 of the fiscal year of the grant;’’.

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

Health Service Act (42 U.S.C. 300x–6(b)) is amended by striking

‘‘whose allotment under section 1911 for the fiscal year is the

amount specified in section 1918(c)(2)(B)’’ and inserting in its place

‘‘except Puerto Rico’’.

(f ) AUTHORIZATION OF APPROPRIATION.—Section 1920 of the

Public Health Service Act (42 U.S.C. 300x–9) is amended—

(1) in subsection (a), by striking ‘‘$450,000,000’’ and all

that follows through the end and inserting ‘‘$450,000,000 for

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

of the fiscal years 2002 and 2003.’’; and

(2) in subsection (b)(2), by striking ‘‘section 505’’ and

inserting ‘‘sections 505 and 1971’’.

SEC. 3205. DETERMINATION OF ALLOTMENT.

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

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

‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—With respect to fiscal

year 2000, and subsequent fiscal years, the amount of the allotment

of a State under section 1911 shall not be less than the amount

the State received under such section for fiscal year 1998.’’.

SEC. 3206. PROTECTION AND ADVOCACY FOR MENTALLY ILL INDIVIDUALS ACT OF 1986.

(a) SHORT TITLE.—The first section of the Protection and

Advocacy for Mentally Ill Individuals Act of 1986 (Public Law

99–319) is amended to read as follows:

114 STAT. 1194 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘SECTION 1. SHORT TITLE.

‘‘This Act may be cited as the ‘Protection and Advocacy for

Individuals with Mental Illness Act’.’’.

(b) DEFINITIONS.—Section 102 of the Protection and Advocacy

for Individuals with Mental Illness Act (as amended by subsection

(a)) (42 U.S.C. 10802) is amended—

(1) in paragraph (4)—

(A) in the matter preceding subparagraph (A), by

inserting ‘‘, except as provided in section 104(d),’’ after

‘‘means’’;

(B) in subparagraph (B)—

(i) by striking ‘‘(i)’’ who’’ and inserting ‘‘(i)(I) who’’;

(ii) by redesignating clauses (ii) and (iii) as subclauses (II) and (III);

(iii) in subclause (III) (as so redesignated), by

striking the period and inserting ‘‘; or’’; and

(iv) by adding at the end the following:

‘‘(ii) who satisfies the requirements of subparagraph

(A) and lives in a community setting, including their own

home.’’; and

(2) by adding at the end the following:

‘‘(8) The term ‘American Indian consortium’ means a

consortium established under part C of the Developmental

Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042

et seq.).’’.

(c) USE OF ALLOTMENTS.—Section 104 of the Protection and

Advocacy for Individuals with Mental Illness Act (as amended by

subsection (a)) (42 U.S.C. 10804) is amended by adding at the

end the following:

‘‘(d) The definition of ‘individual with a mental illness’ contained

in section 102(4)(B)(iii) shall apply, and thus an eligible system

may use its allotment under this title to provide representation

to such individuals, only if the total allotment under this title

for any fiscal year is $30,000,000 or more, and in such case, an

eligible system must give priority to representing persons with

mental illness as defined in subparagraphs (A) and (B)(i) of section

102(4).’’.

(d) MINIMUM AMOUNT.—Paragraph (2) of section 112(a) of the

Protection and Advocacy for Individuals with Mental Illness Act

(as amended by subsection (a)) (42 U.S.C. 10822(a)(2)) is amended

to read as follows:

‘‘(2)(A) The minimum amount of the allotment of an eligible

system shall be the product (rounded to the nearest $100)

of the appropriate base amount determined under subparagraph (B) and the factor specified in subparagraph (C).

‘‘(B) For purposes of subparagraph (A), the appropriate

base amount—

‘‘(i) for American Samoa, Guam, the Marshall Islands,

the Federated States of Micronesia, the Commonwealth

of the Northern Mariana Islands, the Republic of Palau,

and the Virgin Islands, is $139,300; and

‘‘(ii) for any other State, is $260,000.

‘‘(C) The factor specified in this subparagraph is the ratio

of the amount appropriated under section 117 for the fiscal

year for which the allotment is being made to the amount

appropriated under such section for fiscal year 1995.

42 USC 10801

note.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1195

‘‘(D) If the total amount appropriated for a fiscal year

is at least $25,000,000, the Secretary shall make an allotment

in accordance with subparagraph (A) to the eligible system

serving the American Indian consortium.’’.

(e) TECHNICAL AMENDMENTS.—Section 112(a) of the Protection

and Advocacy for Individuals with Mental Illness Act (as amended

by subsection (a)) (42 U.S.C. 10822(a)) is amended—

(1) in paragraph (1)(B), by striking ‘‘Trust Territory of

the Pacific Islands’’ and inserting ‘‘Marshall Islands, the Federated States of Micronesia, the Republic of Palau’’; and

(2) by striking paragraph (3).

(f ) REAUTHORIZATION.—Section 117 of the Protection and

Advocacy for Individuals with Mental Illness Act (as amended by

subsection (a)) (42 U.S.C. 10827) is amended by striking ‘‘1995’’

and inserting ‘‘2003’’.

SEC. 3207. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS

OF CERTAIN FACILITIES.

Title V of the Public Health Service Act (42 U.S.C. 290aa

et seq.) is amended by adding at the end the following:

‘‘PART H—REQUIREMENT RELATING TO THE

RIGHTS OF RESIDENTS OF CERTAIN FACILITIES

‘‘SEC. 591. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS

OF CERTAIN FACILITIES.

‘‘(a) IN GENERAL.—A public or private general hospital, nursing

facility, intermediate care facility, or other health care facility,

that receives support in any form from any program supported

in whole or in part with funds appropriated to any Federal department or agency shall protect and promote the rights of each resident

of the facility, including the right to be free from physical or

mental abuse, corporal punishment, and any restraints or involuntary seclusions imposed for purposes of discipline or convenience.

‘‘(b) REQUIREMENTS.—Restraints and seclusion may only be

imposed on a resident of a facility described in subsection (a)

if—

‘‘(1) the restraints or seclusion are imposed to ensure the

physical safety of the resident, a staff member, or others; and

‘‘(2) the restraints or seclusion are imposed only upon the

written order of a physician, or other licensed practitioner

permitted by the State and the facility to order such restraint

or seclusion, that specifies the duration and circumstances

under which the restraints are to be used (except in emergency

circumstances specified by the Secretary until such an order

could reasonably be obtained).

‘‘(c) CURRENT LAW.—This part shall not be construed to affect

or impede any Federal or State law or regulations that provide

greater protections than this part regarding seclusion and restraint.

‘‘(d) DEFINITIONS.—In this section:

‘‘(1) RESTRAINTS.—The term ‘restraints’ means—

‘‘(A) any physical restraint that is a mechanical or

personal restriction that immobilizes or reduces the ability

of an individual to move his or her arms, legs, or head

42 USC 290ii.

114 STAT. 1196 PUBLIC LAW 106–310—OCT. 17, 2000

freely, not including devices, such as orthopedically prescribed devices, surgical dressings or bandages, protective

helmets, or any other methods that involves the physical

holding of a resident for the purpose of conducting routine

physical examinations or tests or to protect the resident

from falling out of bed or to permit the resident to participate in activities without the risk of physical harm to

the resident (such term does not include a physical escort);

and

‘‘(B) a drug or medication that is used as a restraint

to control behavior or restrict the resident’s freedom of

movement that is not a standard treatment for the resident’s medical or psychiatric condition.

‘‘(2) SECLUSION.—The term ‘seclusion’ means a behavior

control technique involving locked isolation. Such term does

not include a time out.

‘‘(3) PHYSICAL ESCORT.—The term ‘physical escort’ means

the temporary touching or holding of the hand, wrist, arm,

shoulder or back for the purpose of inducing a resident who

is acting out to walk to a safe location.

‘‘(4) TIME OUT.—The term ‘time out’ means a behavior

management technique that is part of an approved treatment

program and may involve the separation of the resident from

the group, in a non-locked setting, for the purpose of calming.

Time out is not seclusion.

‘‘SEC. 592. REPORTING REQUIREMENT.

‘‘(a) IN GENERAL.—Each facility to which the Protection and

Advocacy for Mentally Ill Individuals Act of 1986 applies shall

notify the appropriate agency, as determined by the Secretary,

of each death that occurs at each such facility while a patient

is restrained or in seclusion, of each death occurring within 24

hours after the patient has been removed from restraints and

seclusion, or where it is reasonable to assume that a patient’s

death is a result of such seclusion or restraint. A notification

under this section shall include the name of the resident and

shall be provided not later than 7 days after the date of the

death of the individual involved.

‘‘(b) FACILITY.—In this section, the term ‘facility’ has the

meaning given the term ‘facilities’ in section 102(3) of the Protection

and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C.

10802(3)).’’.

‘‘SEC. 593. REGULATIONS AND ENFORCEMENT.

‘‘(a) TRAINING.—Not later than 1 year after the date of the

enactment of this part, the Secretary, after consultation with appropriate State and local protection and advocacy organizations, physicians, facilities, and other health care professionals and patients,

shall promulgate regulations that require facilities to which the

Protection and Advocacy for Mentally Ill Individuals Act of 1986

(42 U.S.C. 10801 et seq.) applies, to meet the requirements of

subsection (b).

‘‘(b) REQUIREMENTS.—The regulations promulgated under subsection (a) shall require that—

‘‘(1) facilities described in subsection (a) ensure that there

is an adequate number of qualified professional and supportive

staff to evaluate patients, formulate written individualized,

Deadline.

42 USC 290ii–2.

42 USC 290ii–1.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1197

comprehensive treatment plans, and to provide active treatment

measures;

‘‘(2) appropriate training be provided for the staff of such

facilities in the use of restraints and any alternatives to the

use of restraints; and

‘‘(3) such facilities provide complete and accurate notification of deaths, as required under section 592(a).

‘‘(c) ENFORCEMENT.—A facility to which this part applies that

fails to comply with any requirement of this part, including a

failure to provide appropriate training, shall not be eligible for

participation in any program supported in whole or in part by

funds appropriated to any Federal department or agency.’’.

SEC. 3208. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS

OF CERTAIN NON-MEDICAL, COMMUNITY-BASED FACILITIES FOR CHILDREN AND YOUTH.

Title V of the Public Health Service Act (42 U.S.C. 290aa

et seq.), as amended by section 3207, is further amended by adding

at the end the following:

‘‘PART I—REQUIREMENT RELATING TO THE

RIGHTS OF RESIDENTS OF CERTAIN NONMEDICAL, COMMUNITY-BASED FACILITIES

FOR CHILDREN AND YOUTH

‘‘SEC. 595. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS

OF CERTAIN NON-MEDICAL, COMMUNITY-BASED FACILITIES FOR CHILDREN AND YOUTH.

‘‘(a) PROTECTION OF RIGHTS.—

‘‘(1) IN GENERAL.—A public or private non-medical, community-based facility for children and youth (as defined in regulations to be promulgated by the Secretary) that receives support

in any form from any program supported in whole or in part

with funds appropriated under this Act shall protect and promote the rights of each resident of the facility, including the

right to be free from physical or mental abuse, corporal punishment, and any restraints or involuntary seclusions imposed

for purposes of discipline or convenience.

‘‘(2) NONAPPLICABILITY.—Notwithstanding this part, a

facility that provides inpatient psychiatric treatment services

for individuals under the age of 21, as authorized and defined

in subsections (a)(16) and (h) of section 1905 of the Social

Security Act, shall comply with the requirements of part H.

‘‘(3) APPLICABILITY OF MEDICAID PROVISIONS.—A non-medical, community-based facility for children and youth funded

under the Medicaid program under title XIX of the Social

Security Act shall continue to meet all existing requirements

for participation in such program that are not affected by

this part.

‘‘(b) REQUIREMENTS.—

‘‘(1) IN GENERAL.—Physical restraints and seclusion may

only be imposed on a resident of a facility described in subsection (a) if—

‘‘(A) the restraints or seclusion are imposed only in

emergency circumstances and only to ensure the immediate

physical safety of the resident, a staff member, or others

42 USC 290jj.

114 STAT. 1198 PUBLIC LAW 106–310—OCT. 17, 2000

and less restrictive interventions have been determined

to be ineffective; and

‘‘(B) the restraints or seclusion are imposed only by

an individual trained and certified, by a State-recognized

body (as defined in regulation promulgated by the Secretary) and pursuant to a process determined appropriate

by the State and approved by the Secretary, in the prevention and use of physical restraint and seclusion, including

the needs and behaviors of the population served, relationship building, alternatives to restraint and seclusion, deescalation methods, avoiding power struggles, thresholds

for restraints and seclusion, the physiological and psychological impact of restraint and seclusion, monitoring physical signs of distress and obtaining medical assistance,

legal issues, position asphyxia, escape and evasion techniques, time limits, the process for obtaining approval for

continued restraints, procedures to address problematic

restraints, documentation, processing with children, and

follow-up with staff, and investigation of injuries and complaints.

‘‘(2) INTERIM PROCEDURES RELATING TO TRAINING AND CERTIFICATION.—

‘‘(A) IN GENERAL.—Until such time as the State

develops a process to assure the proper training and certification of facility personnel in the skills and competencies

referred in paragraph (1)(B), the facility involved shall

develop and implement an interim procedure that meets

the requirements of subparagraph (B).

‘‘(B) REQUIREMENTS.—A procedure developed under

subparagraph (A) shall—

‘‘(i) ensure that a supervisory or senior staff person

with training in restraint and seclusion who is competent to conduct a face-to-face assessment (as defined

in regulations promulgated by the Secretary), will

assess the mental and physical well-being of the child

or youth being restrained or secluded and assure that

the restraint or seclusion is being done in a safe

manner;

‘‘(ii) ensure that the assessment required under

clause (i) take place as soon as practicable, but in

no case later than 1 hour after the initiation of the

restraint or seclusion; and

‘‘(iii) ensure that the supervisory or senior staff

person continues to monitor the situation for the duration of the restraint and seclusion.

‘‘(3) LIMITATIONS.—

‘‘(A) IN GENERAL.—The use of a drug or medication

that is used as a restraint to control behavior or restrict

the resident’s freedom of movement that is not a standard

treatment for the resident’s medical or psychiatric condition

in nonmedical community-based facilities for children and

youth described in subsection (a)(1) is prohibited.

‘‘(B) PROHIBITION.—The use of mechanical restraints

in non-medical, community-based facilities for children and

youth described in subsection (a)(1) is prohibited.

‘‘(C) LIMITATION.—A non-medical, community-based

facility for children and youth described in subsection (a)(1)

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1199

may only use seclusion when a staff member is continuously

face-to-face monitoring the resident and when strong

licensing or accreditation and internal controls are in place.

‘‘(c) RULE OF CONSTRUCTION.— ‘‘(1) IN GENERAL.—Nothing in this section shall be construed as prohibiting the use of restraints for medical immobilization, adaptive support, or medical protection.

‘‘(2) CURRENT LAW.—This part shall not be construed to

affect or impede any Federal or State law or regulations that

provide greater protections than this part regarding seclusion

and restraint.

‘‘(d) DEFINITIONS.—In this section:

‘‘(1) MECHANICAL RESTRAINT.—The term ‘mechanical

restraint’ means the use of devices as a means of restricting

a resident’s freedom of movement.

‘‘(2) PHYSICAL ESCORT.—The term ‘physical escort’ means

the temporary touching or holding of the hand, wrist, arm,

shoulder or back for the purpose of inducing a resident who

is acting out to walk to a safe location.

‘‘(3) PHYSICAL RESTRAINT.—The term ‘physical restraint’

means a personal restriction that immobilizes or reduces the

ability of an individual to move his or her arms, legs, or

head freely. Such term does not include a physical escort.

‘‘(4) SECLUSION.—The term ‘seclusion’ means a behavior

control technique involving locked isolation. Such term does

not include a time out.

‘‘(5) TIME OUT.—The term ‘time out’ means a behavior

management technique that is part of an approved treatment

program and may involve the separation of the resident from

the group, in a non-locked setting, for the purpose of calming.

Time out is not seclusion.

‘‘SEC. 595A. REPORTING REQUIREMENT.

‘‘Each facility to which this part applies shall notify the appropriate State licensing or regulatory agency, as determined by the

Secretary—

‘‘(1) of each death that occurs at each such facility. A

notification under this section shall include the name of the

resident and shall be provided not later than 24 hours after

the time of the individuals death; and

‘‘(2) of the use of seclusion or restraints in accordance

with regulations promulgated by the Secretary, in consultation

with the States.

‘‘SEC. 595B. REGULATIONS AND ENFORCEMENT.

‘‘(a) TRAINING.—Not later than 6 months after the date of

the enactment of this part, the Secretary, after consultation with

appropriate State, local, public and private protection and advocacy

organizations, health care professionals, social workers, facilities,

and patients, shall promulgate regulations that—

‘‘(1) require States that license non-medical, communitybased residential facilities for children and youth to develop

licensing rules and monitoring requirements concerning

behavior management practice that will ensure compliance with

Federal regulations and to meet the requirements of subsection

(b);

‘‘(2) require States to develop and implement such licensing

rules and monitoring requirements within 1 year after the

Deadline.

42 USC 290jj–2.

42 USC 290jj–1.

114 STAT. 1200 PUBLIC LAW 106–310—OCT. 17, 2000

promulgation of the regulations referred to in the matter preceding paragraph (1); and

‘‘(3) support the development of national guidelines and

standards on the quality, quantity, orientation and training,

required under this part, as well as the certification or licensure

of those staff responsible for the implementation of behavioral

intervention concepts and techniques.

‘‘(b) REQUIREMENTS.—The regulations promulgated under subsection (a) shall require—

‘‘(1) that facilities described in subsection (a) ensure that

there is an adequate number of qualified professional and supportive staff to evaluate residents, formulate written individualized, comprehensive treatment plans, and to provide active

treatment measures;

‘‘(2) the provision of appropriate training and certification

of the staff of such facilities in the prevention and use of

physical restraint and seclusion, including the needs and behaviors of the population served, relationship building, alternatives

to restraint, de-escalation methods, avoiding power struggles,

thresholds for restraints, the physiological impact of restraint

and seclusion, monitoring physical signs of distress and

obtaining medical assistance, legal issues, position asphyxia,

escape and evasion techniques, time limits for the use of

restraint and seclusion, the process for obtaining approval for

continued restraints and seclusion, procedures to address

problematic restraints, documentation, processing with children, and follow-up with staff, and investigation of injuries

and complaints; and

‘‘(3) that such facilities provide complete and accurate

notification of deaths, as required under section 595A(1).

‘‘(c) ENFORCEMENT.—A State to which this part applies that

fails to comply with any requirement of this part, including a

failure to provide appropriate training and certification, shall not

be eligible for participation in any program supported in whole

or in part by funds appropriated under this Act.’’.

SEC. 3209. EMERGENCY MENTAL HEALTH CENTERS.

Subpart 3 of part B of title V of the Public Health Service

Act (42 U.S.C. 290bb–31 et seq.), as amended by section 3111,

is further amended by adding at the end the following:

‘‘SEC. 520F. GRANTS FOR EMERGENCY MENTAL HEALTH CENTERS.

‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall award grants

to States, political subdivisions of States, Indian tribes, and tribal

organizations to support the designation of hospitals and health

centers as Emergency Mental Health Centers.

‘‘(b) HEALTH CENTER.—In this section, the term ‘health center’

has the meaning given such term in section 330, and includes

community health centers and community mental health centers.

‘‘(c) DISTRIBUTION OF AWARDS.—The Secretary shall ensure that

such grants awarded under subsection (a) are equitably distributed

among the geographical regions of the United States, between urban

and rural populations, and between different settings of care

including health centers, mental health centers, hospitals, and other

psychiatric units or facilities.

‘‘(d) APPLICATION.—A State, political subdivision of a State,

Indian tribe, or tribal organization that desires a grant under

subsection (a) shall submit an application to the Secretary at such

42 USC 290bb–

37.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1201

time, in such manner, and containing such information as the

Secretary may require, including a plan for the rigorous evaluation

of activities carried out with funds received under this section.

‘‘(e) USE OF FUNDS.—

‘‘(1) IN GENERAL.—A State, political subdivision of a State,

Indian tribe, or tribal organization receiving a grant under

subsection (a) shall use funds from such grant to establish

or designate hospitals and health centers as Emergency Mental

Health Centers.

‘‘(2) EMERGENCY MENTAL HEALTH CENTERS.—Such Emergency Mental Health Centers described in paragraph (1)—

‘‘(A) shall—

‘‘(i) serve as a central receiving point in the

community for individuals who may be in need of emergency mental health services;

‘‘(ii) purchase, if needed, any equipment necessary

to evaluate, diagnose and stabilize an individual with

a mental illness;

‘‘(iii) provide training, if needed, to the medical

personnel staffing the Emergency Mental Health

Center to evaluate, diagnose, stabilize, and treat an

individual with a mental illness; and

‘‘(iv) provide any treatment that is necessary for

an individual with a mental illness or a referral for

such individual to another facility where such treatment may be received; and

‘‘(B) may establish and train a mobile crisis intervention team to respond to mental health emergencies within

the community.

‘‘(f ) EVALUATION.—A State, political subdivision of a State,

Indian tribe, or tribal organization that receives a grant under

subsection (a) shall prepare and submit an evaluation to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including an evaluation of activities carried out with funds received under this section

and a process and outcomes evaluation.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section, $25,000,000 for fiscal

year 2001 and such sums as may be necessary for each of the

fiscal years 2002 through 2003.’’.

SEC. 3210. GRANTS FOR JAIL DIVERSION PROGRAMS.

Subpart 3 of part B of title V of the Public Health Service

Act (42 U.S.C. 290bb–31 et seq.), as amended by section 3209,

is further amended by adding at the end the following:

‘‘SEC. 520G. GRANTS FOR JAIL DIVERSION PROGRAMS.

‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall make up to

125 grants to States, political subdivisions of States, Indian tribes,

and tribal organizations, acting directly or through agreements

with other public or nonprofit entities, to develop and implement

programs to divert individuals with a mental illness from the

criminal justice system to community-based services.

‘‘(b) ADMINISTRATION.—

‘‘(1) CONSULTATION.—The Secretary shall consult with the

Attorney General and any other appropriate officials in carrying

out this section.

42 USC 290bb–

38.

114 STAT. 1202 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(2) REGULATORY AUTHORITY.—The Secretary shall issue

regulations and guidelines necessary to carry out this section,

including methodologies and outcome measures for evaluating

programs carried out by States, political subdivisions of States,

Indian tribes, and tribal organizations receiving grants under

subsection (a).

‘‘(c) APPLICATIONS.—

‘‘(1) IN GENERAL.—To receive a grant under subsection (a),

the chief executive of a State, chief executive of a subdivision

of a State, Indian tribe or tribal organization shall prepare

and submit an application to the Secretary at such time, in

such manner, and containing such information as the Secretary

shall reasonably require.

‘‘(2) CONTENT.—Such application shall—

‘‘(A) contain an assurance that—

‘‘(i) community-based mental health services will

be available for the individuals who are diverted from

the criminal justice system, and that such services

are based on the best known practices, reflect current

research findings, include case management, assertive

community treatment, medication management and

access, integrated mental health and co-occurring substance abuse treatment, and psychiatric rehabilitation,

and will be coordinated with social services, including

life skills training, housing placement, vocational

training, education job placement, and health care;

‘‘(ii) there has been relevant interagency collaboration between the appropriate criminal justice, mental

health, and substance abuse systems; and

‘‘(iii) the Federal support provided will be used

to supplement, and not supplant, State, local, Indian

tribe, or tribal organization sources of funding that

would otherwise be available;

‘‘(B) demonstrate that the diversion program will be

integrated with an existing system of care for those with

mental illness;

‘‘(C) explain the applicant’s inability to fund the program adequately without Federal assistance;

‘‘(D) specify plans for obtaining necessary support and

continuing the proposed program following the conclusion

of Federal support; and

‘‘(E) describe methodology and outcome measures that

will be used in evaluating the program.

‘‘(d) USE OF FUNDS.—A State, political subdivision of a State,

Indian tribe, or tribal organization that receives a grant under

subsection (a) may use funds received under such grant to—

‘‘(1) integrate the diversion program into the existing

system of care;

‘‘(2) create or expand community-based mental health and

co-occurring mental illness and substance abuse services to

accommodate the diversion program;

‘‘(3) train professionals involved in the system of care,

and law enforcement officers, attorneys, and judges; and

‘‘(4) provide community outreach and crisis intervention.

‘‘(e) FEDERAL SHARE.—

‘‘(1) IN GENERAL.—The Secretary shall pay to a State, political subdivision of a State, Indian tribe, or tribal organization

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1203

receiving a grant under subsection (a) the Federal share of

the cost of activities described in the application.

‘‘(2) FEDERAL SHARE.—The Federal share of a grant made

under this section shall not exceed 75 percent of the total

cost of the program carried out by the State, political subdivision of a State, Indian tribe, or tribal organization. Such share

shall be used for new expenses of the program carried out

by such State, political subdivision of a State, Indian tribe,

or tribal organization.

‘‘(3) NON-FEDERAL SHARE.—The non-Federal share of payments made under this section may be made in cash or in

kind fairly evaluated, including planned equipment or services.

The Secretary may waive the requirement of matching contributions.

‘‘(f ) GEOGRAPHIC DISTRIBUTION.—The Secretary shall ensure

that such grants awarded under subsection (a) are equitably distributed among the geographical regions of the United States and

between urban and rural populations.

‘‘(g) TRAINING AND TECHNICAL ASSISTANCE.—Training and technical assistance may be provided by the Secretary to assist a State,

political subdivision of a State, Indian tribe, or tribal organization

receiving a grant under subsection (a) in establishing and operating

a diversion program.

‘‘(h) EVALUATIONS.—The programs described in subsection (a)

shall be evaluated not less than one time in every 12-month period

using the methodology and outcome measures identified in the

grant application.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $10,000,000 for fiscal

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

2002 through 2003.’’.

SEC. 3211. IMPROVING OUTCOMES FOR CHILDREN AND ADOLESCENTS

THROUGH SERVICES INTEGRATION BETWEEN CHILD

WELFARE AND MENTAL HEALTH SERVICES.

Subpart 3 of part B of title V of the Public Health Service

Act (42 U.S.C. 290bb–31 et seq.), as amended by section 3210,

is further amended by adding at the end the following:

‘‘SEC. 520H. IMPROVING OUTCOMES FOR CHILDREN AND ADOLESCENTS THROUGH SERVICES INTEGRATION BETWEEN

CHILD WELFARE AND MENTAL HEALTH SERVICES.

‘‘(a) IN GENERAL.—The Secretary shall award grants, contracts

or cooperative agreements to States, political subdivisions of States,

Indian tribes, and tribal organizations to provide integrated child

welfare and mental health services for children and adolescents

under 19 years of age in the child welfare system or at risk for

becoming part of the system, and parents or caregivers with a

mental illness or a mental illness and a co-occurring substance

abuse disorder.

‘‘(b) DURATION.—With respect to a grant, contract or cooperative

agreement awarded under this section, the period during which

payments under such award are made to the recipient may not

exceed 5 years.

‘‘(c) APPLICATION.—

‘‘(1) IN GENERAL.—To be eligible to receive an award under

subsection (a), a State, political subdivision of a State, Indian

tribe, or tribal organization shall submit an application to the

Grants.

Contracts.

42 USC 290bb–

39.

114 STAT. 1204 PUBLIC LAW 106–310—OCT. 17, 2000

Secretary at such time, in such manner, and accompanied

by such information as the Secretary may reasonably require.

‘‘(2) CONTENT.—An application submitted under paragraph

(1) shall—

‘‘(A) describe the program to be funded under the grant,

contract or cooperative agreement;

‘‘(B) explain how such program reflects best practices

in the provision of child welfare and mental health services;

and

‘‘(C) provide assurances that—

‘‘(i) persons providing services under the grant,

contract or cooperative agreement are adequately

trained to provide such services; and

‘‘(ii) the services will be provided in accordance

with subsection (d).

‘‘(d) USE OF FUNDS.—A State, political subdivision of a State,

Indian tribe, or tribal organization that receives a grant, contract,

or cooperative agreement under subsection (a) shall use amounts

made available through such grant, contract or cooperative agreement to—

‘‘(1) provide family-centered, comprehensive, and coordinated child welfare and mental health services, including

prevention, early intervention and treatment services for children and adolescents, and for their parents or caregivers;

‘‘(2) ensure a single point of access for such coordinated

services;

‘‘(3) provide integrated mental health and substance abuse

treatment for children, adolescents, and parents or caregivers

with a mental illness and a co-occurring substance abuse disorder;

‘‘(4) provide training for the child welfare, mental health

and substance abuse professionals who will participate in the

program carried out under this section;

‘‘(5) provide technical assistance to child welfare and mental

health agencies;

‘‘(6) develop cooperative efforts with other service entities

in the community, including education, social services, juvenile

justice, and primary health care agencies;

‘‘(7) coordinate services with services provided under the

Medicaid program and the State Children’s Health Insurance

Program under titles XIX and XXI of the Social Security Act;

‘‘(8) provide linguistically appropriate and culturally competent services; and

‘‘(9) evaluate the effectiveness and cost-efficiency of the

integrated services that measure the level of coordination, outcome measures for parents or caregivers with a mental illness

or a mental illness and a co-occurring substance abuse disorder,

and outcome measures for children.

‘‘(e) DISTRIBUTION OF AWARDS.—The Secretary shall ensure that

grants, contracts, and cooperative agreements awarded under subsection (a) are equitably distributed among the geographical regions

of the United States and between urban and rural populations.

‘‘(f ) EVALUATION.—The Secretary shall evaluate each program

carried out by a State, political subdivision of a State, Indian

tribe, or tribal organization under subsection (a) and shall disseminate the findings with respect to each such evaluation to appropriate

public and private entities.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1205

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section, $10,000,000 for fiscal

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

years 2002 and 2003.’’.

SEC. 3212. GRANTS FOR THE INTEGRATED TREATMENT OF SERIOUS

MENTAL ILLNESS AND CO-OCCURRING SUBSTANCE

ABUSE.

Subpart 3 of part B of title V of the Public Health Service

Act (42 U.S.C. 290bb–31 et seq.), as amended by section 3211,

is further amended by adding at the end the following:

‘‘SEC. 520I. GRANTS FOR THE INTEGRATED TREATMENT OF SERIOUS

MENTAL ILLNESS AND CO-OCCURRING SUBSTANCE

ABUSE.

‘‘(a) IN GENERAL.—The Secretary shall award grants, contracts,

or cooperative agreements to States, political subdivisions of States,

Indian tribes, tribal organizations, and private nonprofit organizations for the development or expansion of programs to provide

integrated treatment services for individuals with a serious mental

illness and a co-occurring substance abuse disorder.

‘‘(b) PRIORITY.—In awarding grants, contracts, and cooperative

agreements under subsection (a), the Secretary shall give priority

to applicants that emphasize the provision of services for individuals

with a serious mental illness and a co-occurring substance abuse

disorder who—

‘‘(1) have a history of interactions with law enforcement

or the criminal justice system;

‘‘(2) have recently been released from incarceration;

‘‘(3) have a history of unsuccessful treatment in either

an inpatient or outpatient setting;

‘‘(4) have never followed through with outpatient services

despite repeated referrals; or

‘‘(5) are homeless.

‘‘(c) USE OF FUNDS.—A State, political subdivision of a State,

Indian tribe, tribal organization, or private nonprofit organization

that receives a grant, contract, or cooperative agreement under

subsection (a) shall use funds received under such grant—

‘‘(1) to provide fully integrated services rather than serial

or parallel services;

‘‘(2) to employ staff that are cross-trained in the diagnosis

and treatment of both serious mental illness and substance

abuse;

‘‘(3) to provide integrated mental health and substance

abuse services at the same location;

‘‘(4) to provide services that are linguistically appropriate

and culturally competent;

‘‘(5) to provide at least 10 programs for integrated treatment of both mental illness and substance abuse at sites that

previously provided only mental health services or only substance abuse services; and

‘‘(6) to provide services in coordination with other existing

public and private community programs.

‘‘(d) CONDITION.—The Secretary shall ensure that a State, political subdivision of a State, Indian tribe, tribal organization, or

private nonprofit organization that receives a grant, contract, or

cooperative agreement under subsection (a) maintains the level

of effort necessary to sustain existing mental health and substance

Contracts.

42 USC 290bb–

40.

114 STAT. 1206 PUBLIC LAW 106–310—OCT. 17, 2000

abuse programs for other populations served by mental health

systems in the community.

‘‘(e) DISTRIBUTION OF AWARDS.—The Secretary shall ensure that

grants, contracts, or cooperative agreements awarded under subsection (a) are equitably distributed among the geographical regions

of the United States and between urban and rural populations.

‘‘(f ) DURATION.—The Secretary shall award grants, contract,

or cooperative agreements under this subsection for a period of

not more than 5 years.

‘‘(g) APPLICATION.—A State, political subdivision of a State,

Indian tribe, tribal organization, or private nonprofit organization

that desires a grant, contract, or cooperative agreement under this

subsection shall prepare and submit an application to the Secretary

at such time, in such manner, and containing such information

as the Secretary may require. Such application shall include a

plan for the rigorous evaluation of activities funded with an award

under such subsection, including a process and outcomes evaluation.

‘‘(h) EVALUATION.—A State, political subdivision of a State,

Indian tribe, tribal organization, or private nonprofit organization

that receives a grant, contract, or cooperative agreement under

this subsection shall prepare and submit a plan for the rigorous

evaluation of the program funded under such grant, contract, or

agreement, including both process and outcomes evaluation, and

the submission of an evaluation at the end of the project period.

‘‘(i) AUTHORIZATION OF APPROPRIATION.—There is authorized

to be appropriated to carry out this subsection $40,000,000 for

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

years 2002 through 2003.’’.

SEC. 3213. TRAINING GRANTS.

Subpart 3 of part B of title V of the Public Health Service

Act (42 U.S.C. 290bb–31 et seq.), as amended by section 3212,

is further amended by adding at the end the following:

‘‘SEC. 520J. TRAINING GRANTS.

‘‘(a) IN GENERAL.—The Secretary shall award grants in accordance with the provisions of this section.

‘‘(b) MENTAL ILLNESS AWARENESS TRAINING GRANTS.— ‘‘(1) IN GENERAL.—The Secretary shall award grants to

States, political subdivisions of States, Indian tribes, tribal

organizations, and nonprofit private entities to train teachers

and other relevant school personnel to recognize symptoms

of childhood and adolescent mental disorders, to refer family

members to the appropriate mental health services if necessary,

to train emergency services personnel to identify and appropriately respond to persons with a mental illness, and to provide

education to such teachers and personnel regarding resources

that are available in the community for individuals with a

mental illness.

‘‘(2) EMERGENCY SERVICES PERSONNEL.—In this subsection,

the term ‘emergency services personnel’ includes paramedics,

firefighters, and emergency medical technicians.

‘‘(3) DISTRIBUTION OF AWARDS.—The Secretary shall ensure

that such grants awarded under this subsection are equitably

distributed among the geographical regions of the United States

and between urban and rural populations.

‘‘(4) APPLICATION.—A State, political subdivision of a State,

Indian tribe, tribal organization, or nonprofit private entity

42 USC 290bb–

41.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1207

that desires a grant under this subsection shall submit an

application to the Secretary at such time, in such manner,

and containing such information as the Secretary may require,

including a plan for the rigorous evaluation of activities that

are carried out with funds received under a grant under this

subsection.

‘‘(5) USE OF FUNDS.—A State, political subdivision of a

State, Indian tribe, tribal organization, or nonprofit private

entity receiving a grant under this subsection shall use funds

from such grant to—

‘‘(A) train teachers and other relevant school personnel

to recognize symptoms of childhood and adolescent mental

disorders and appropriately respond;

‘‘(B) train emergency services personnel to identify and

appropriately respond to persons with a mental illness;

and

‘‘(C) provide education to such teachers and personnel

regarding resources that are available in the community

for individuals with a mental illness.

‘‘(6) EVALUATION.—A State, political subdivision of a State,

Indian tribe, tribal organization, or nonprofit private entity

that receives a grant under this subsection shall prepare and

submit an evaluation to the Secretary at such time, in such

manner, and containing such information as the Secretary may

reasonably require, including an evaluation of activities carried

out with funds received under the grant under this subsection

and a process and outcome evaluation.

‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection, $25,000,000

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

each of fiscal years 2002 through 2003.’’.

TITLE XXXIII—PROVISIONS RELATING

TO SUBSTANCE ABUSE

SEC. 3301. PRIORITY SUBSTANCE ABUSE TREATMENT NEEDS OF

REGIONAL AND NATIONAL SIGNIFICANCE.

(a) RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND

POSTPARTUM WOMEN.—Section 508(r) of the Public Health Service

Act (42 U.S.C. 290bb–1(r)) is amended to read as follows:

‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

such sums as may be necessary to fiscal years 2001 through 2003.’’.

(b) PRIORITY SUBSTANCE ABUSE TREATMENT.—Section 509 of

the Public Health Service Act (42 U.S.C. 290bb–1) is amended

to read as follows:

‘‘SEC. 509. PRIORITY SUBSTANCE ABUSE TREATMENT NEEDS OF

REGIONAL AND NATIONAL SIGNIFICANCE.

‘‘(a) PROJECTS.—The Secretary shall address priority substance

abuse treatment needs of regional and national significance (as

determined under subsection (b)) through the provision of or

through assistance for—

‘‘(1) knowledge development and application projects for

treatment and rehabilitation and the conduct or support of

evaluations of such projects;

42 USC 290bb–2.

114 STAT. 1208 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(2) training and technical assistance; and

‘‘(3) targeted capacity response programs.

The Secretary may carry out the activities described in this section

directly or through grants or cooperative agreements with States,

political subdivisions of States, Indian tribes and tribal organizations, other public or nonprofit private entities.

‘‘(b) PRIORITY SUBSTANCE ABUSE TREATMENT NEEDS.—

‘‘(1) IN GENERAL.—Priority substance abuse treatment

needs of regional and national significance shall be determined

by the Secretary after consultation with States and other

interested groups. The Secretary shall meet with the States

and interested groups on an annual basis to discuss program

priorities.

‘‘(2) SPECIAL CONSIDERATION.—In developing program priorities under paragraph (1), the Secretary shall give special

consideration to promoting the integration of substance abuse

treatment services into primary health care systems.

‘‘(c) REQUIREMENTS.—

‘‘(1) IN GENERAL.—Recipients of grants, contracts, or

cooperative agreements under this section shall comply with

information and application requirements determined appropriate by the Secretary.

‘‘(2) DURATION OF AWARD.—With respect to a grant, contract, or cooperative agreement awarded under this section,

the period during which payments under such award are made

to the recipient may not exceed 5 years.

‘‘(3) MATCHING FUNDS.—The Secretary may, for projects

carried out under subsection (a), require that entities that

apply for grants, contracts, or cooperative agreements under

that project provide non-Federal matching funds, as determined

appropriate by the Secretary, to ensure the institutional

commitment of the entity to the projects funded under the

grant, contract, or cooperative agreement. Such non-Federal

matching funds may be provided directly or through donations

from public or private entities and may be in cash or in kind,

fairly evaluated, including plant, equipment, or services.

‘‘(4) MAINTENANCE OF EFFORT.—With respect to activities

for which a grant, contract, or cooperative agreement is

awarded under this section, the Secretary may require that

recipients for specific projects under subsection (a) agree to

maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures

maintained by the entity for the fiscal year preceding the

fiscal year for which the entity receives such a grant, contract,

or cooperative agreement.

‘‘(d) EVALUATION.—The Secretary shall evaluate each project

carried out under subsection (a)(1) and shall disseminate the

findings with respect to each such evaluation to appropriate public

and private entities.

‘‘(e) INFORMATION AND EDUCATION.—The Secretary shall establish comprehensive information and education programs to disseminate and apply the findings of the knowledge development and

application, training and technical assistance programs, and targeted capacity response programs under this section to the general

public, to health professionals and other interested groups. The

Secretary shall make every effort to provide linkages between the

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1209

findings of supported projects and State agencies responsible for

carrying out substance abuse prevention and treatment programs.

‘‘(f ) AUTHORIZATION OF APPROPRIATION.—There are authorized

to be appropriated to carry out this section, $300,000,000 for fiscal

year 2001 and such sums as may be necessary for each of the

fiscal years 2002 and 2003.’’.

(c) CONFORMING AMENDMENTS.—The following sections of the

Public Health Service Act are repealed:

(1) Section 510 (42 U.S.C. 290bb–3).

(2) Section 511 (42 U.S.C. 290bb–4).

(3) Section 512 (42 U.S.C. 290bb–5).

(4) Section 571 (42 U.S.C. 290gg).

SEC. 3302. PRIORITY SUBSTANCE ABUSE PREVENTION NEEDS OF

REGIONAL AND NATIONAL SIGNIFICANCE.

(a) IN GENERAL.—Section 516 of the Public Health Service

Act (42 U.S.C. 290bb–1) is amended to read as follows:

‘‘SEC. 516. PRIORITY SUBSTANCE ABUSE PREVENTION NEEDS OF

REGIONAL AND NATIONAL SIGNIFICANCE.

‘‘(a) PROJECTS.—The Secretary shall address priority substance

abuse prevention needs of regional and national significance (as

determined under subsection (b)) through the provision of or

through assistance for—

‘‘(1) knowledge development and application projects for

prevention and the conduct or support of evaluations of such

projects;

‘‘(2) training and technical assistance; and

‘‘(3) targeted capacity response programs.

The Secretary may carry out the activities described in this section

directly or through grants or cooperative agreements with States,

political subdivisions of States, Indian tribes and tribal organizations, or other public or nonprofit private entities.

‘‘(b) PRIORITY SUBSTANCE ABUSE PREVENTION NEEDS.—

‘‘(1) IN GENERAL.—Priority substance abuse prevention

needs of regional and national significance shall be determined

by the Secretary in consultation with the States and other

interested groups. The Secretary shall meet with the States

and interested groups on an annual basis to discuss program

priorities.

‘‘(2) SPECIAL CONSIDERATION.—In developing program priorities under paragraph (1), the Secretary shall give special

consideration to—

‘‘(A) applying the most promising strategies and

research-based primary prevention approaches; and

‘‘(B) promoting the integration of substance abuse

prevention information and activities into primary health

care systems.

‘‘(c) REQUIREMENTS.—

‘‘(1) IN GENERAL.—Recipients of grants, contracts, and

cooperative agreements under this section shall comply with

information and application requirements determined appropriate by the Secretary.

‘‘(2) DURATION OF AWARD.—With respect to a grant, contract, or cooperative agreement awarded under this section,

the period during which payments under such award are made

to the recipient may not exceed 5 years.

42 USC 290bb–

22.

114 STAT. 1210 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(3) MATCHING FUNDS.—The Secretary may, for projects

carried out under subsection (a), require that entities that

apply for grants, contracts, or cooperative agreements under

that project provide non-Federal matching funds, as determined

appropriate by the Secretary, to ensure the institutional

commitment of the entity to the projects funded under the

grant, contract, or cooperative agreement. Such non-Federal

matching funds may be provided directly or through donations

from public or private entities and may be in cash or in kind,

fairly evaluated, including plant, equipment, or services.

‘‘(4) MAINTENANCE OF EFFORT.—With respect to activities

for which a grant, contract, or cooperative agreement is

awarded under this section, the Secretary may require that

recipients for specific projects under subsection (a) agree to

maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures

maintained by the entity for the fiscal year preceding the

fiscal year for which the entity receives such a grant, contract,

or cooperative agreement.

‘‘(d) EVALUATION.—The Secretary shall evaluate each project

carried out under subsection (a)(1) and shall disseminate the

findings with respect to each such evaluation to appropriate public

and private entities.

‘‘(e) INFORMATION AND EDUCATION.—The Secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application,

training and technical assistance programs, and targeted capacity

response programs under this section to the general public and

to health professionals. The Secretary shall make every effort to

provide linkages between the findings of supported projects and

State agencies responsible for carrying out substance abuse prevention and treatment programs.

‘‘(f ) AUTHORIZATION OF APPROPRIATION.—There are authorized

to be appropriated to carry out this section, $300,000,000 for fiscal

year 2001, and such sums as may be necessary for each of the

fiscal years 2002 and 2003.’’.

(b) CONFORMING AMENDMENTS.—Section 518 of the Public

Health Service Act (42 U.S.C. 290bb–24) is repealed.

SEC. 3303. SUBSTANCE ABUSE PREVENTION AND TREATMENT

PERFORMANCE PARTNERSHIP BLOCK GRANT.

(a) ALLOCATION REGARDING ALCOHOL AND OTHER DRUGS.—

Section 1922 of the Public Health Service Act (42 U.S.C. 300x–

22) is amended by—

(1) striking subsection (a); and

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

(a) and (b).

(b) GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS.—

Section 1925(a) of the Public Health Service Act (42 U.S.C. 300x–

25(a)) is amended by striking ‘‘For fiscal year 1993’’ and all that

follows through the colon and inserting the following: ‘‘A State,

using funds available under section 1921, may establish and maintain the ongoing operation of a revolving fund in accordance with

this section to support group homes for recovering substance

abusers as follows:’’.

(c) MAINTENANCE OF EFFORT.—Section 1930 of the Public

Health Service Act (42 U.S.C. 300x–30) is amended—

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1211

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

(c) and (d) respectively; and

(2) by inserting after subsection (a), the following:

‘‘(b) EXCLUSION OF CERTAIN FUNDS.—The Secretary may

exclude from the aggregate State expenditures under subsection

(a), funds appropriated to the principle agency for authorized activities which are of a non-recurring nature and for a specific purpose.’’.

(d) APPLICATIONS FOR GRANTS.—Section 1932(a)(1) of the Public

Health Service Act (42 U.S.C. 300x–32(a)(1)) is amended to read

as follows:

‘‘(1) the application is received by the Secretary not later

than October 1 of the fiscal year for which the State is seeking

funds;’’.

(e) WAIVER FOR TERRITORIES.—Section 1932(c) of the Public

Health Service Act (42 U.S.C. 300x–32(c)) is amended by striking

‘‘whose allotment under section 1921 for the fiscal year is the

amount specified in section 1933(c)(2)(B)’’ and inserting ‘‘except

Puerto Rico’’.

(f ) WAIVER AUTHORITY FOR CERTAIN REQUIREMENTS.—

(1) IN GENERAL.—Section 1932 of the Public Health Service

Act (42 U.S.C. 300x–32) is amended by adding at the end

the following:

‘‘(e) WAIVER AUTHORITY FOR CERTAIN REQUIREMENTS.—

‘‘(1) IN GENERAL.—Upon the request of a State, the Secretary may waive the requirements of all or part of the sections

described in paragraph (2) using objective criteria established

by the Secretary by regulation after consultation with the

States and other interested parties including consumers and

providers.

‘‘(2) SECTIONS.—The sections described in paragraph (1)

are sections 1922(c), 1923, 1924 and 1928.

‘‘(3) DATE CERTAIN FOR ACTING UPON REQUEST.—The Secretary shall approve or deny a request for a waiver under

paragraph (1) and inform the State of that decision not later

than 120 days after the date on which the request and all

the information needed to support the request are submitted.

‘‘(4) ANNUAL REPORTING REQUIREMENT.—The Secretary

shall annually report to the general public on the States that

receive a waiver under this subsection.’’.

(2) CONFORMING AMENDMENTS.—Effective upon the publication of the regulations developed in accordance with section

1932(e)(1) of the Public Health Service Act (42 U.S.C. 300x–

32(d))—

(A) section 1922(c) of the Public Health Service Act

(42 U.S.C. 300x–22(c)) is amended by—

(i) striking paragraph (2); and

(ii) redesignating paragraph (3) as paragraph (2);

and

(B) section 1928(d) of the Public Health Service Act

(42 U.S.C. 300x–28(d)) is repealed.

(g) AUTHORIZATION OF APPROPRIATION.—Section 1935 of the

Public Health Service Act (42 U.S.C. 300x–35) is amended—

(1) in subsection (a), by striking ‘‘$1,500,000,000’’ and all

that follows through the end and inserting ‘‘$2,000,000,000

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

each of the fiscal years 2002 and 2003.’’;

Effective date.

42 USC 300x–22

note.

114 STAT. 1212 PUBLIC LAW 106–310—OCT. 17, 2000

(2) in subsection (b)(1), by striking ‘‘section 505’’ and

inserting ‘‘sections 505 and 1971’’;

(3) in subsection (b)(2), by striking ‘‘1949(a)’’ and inserting

‘‘1948(a)’’; and

(4) in subsection (b), by adding at the end the following:

‘‘(3) CORE DATA SET.—A State that receives a new grant,

contract, or cooperative agreement from amounts available to

the Secretary under paragraph (1), for the purposes of

improving the data collection, analysis and reporting capabilities of the State, shall be required, as a condition of receipt

of funds, to collect, analyze, and report to the Secretary for

each fiscal year subsequent to receiving such funds a core

data set to be determined by the Secretary in conjunction

with the States.’’.

SEC. 3304. DETERMINATION OF ALLOTMENTS.

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

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

‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—

‘‘(1) IN GENERAL.—With respect to fiscal year 2000, and

each subsequent fiscal year, the amount of the allotment of

a State under section 1921 shall not be less than the amount

the State received under such section for the previous fiscal

year increased by an amount equal to 30.65 percent of the

percentage by which the aggregate amount allotted to all States

for such fiscal year exceeds the aggregate amount allotted

to all States for the previous fiscal year.

‘‘(2) LIMITATIONS.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), a State shall not receive an allotment under section

1921 for a fiscal year in an amount that is less than

an amount equal to 0.375 percent of the amount appropriated under section 1935(a) for such fiscal year.

‘‘(B) EXCEPTION.—In applying subparagraph (A), the

Secretary shall ensure that no State receives an increase

in its allotment under section 1921 for a fiscal year (as

compared to the amount allotted to the State in the prior

fiscal year) that is in excess of an amount equal to 300

percent of the percentage by which the amount appropriated under section 1935(a) for such fiscal year exceeds

the amount appropriated for the prior fiscal year.

‘‘(3) DECREASE IN OR EQUAL APPROPRIATIONS.—If the

amount appropriated under section 1935(a) for a fiscal year

is equal to or less than the amount appropriated under such

section for the prior fiscal year, the amount of the State allotment under section 1921 shall be equal to the amount that

the State received under section 1921 in the prior fiscal year

decreased by the percentage by which the amount appropriated

for such fiscal year is less than the amount appropriated or

such section for the prior fiscal year.’’.

SEC. 3305. NONDISCRIMINATION AND INSTITUTIONAL SAFEGUARDS

FOR RELIGIOUS PROVIDERS.

Subpart III of part B of title XIX of the Public Health Service

Act (42 U.S.C. 300x–51 et seq.) is amended by adding at the

end the following:

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1213

‘‘SEC. 1955. SERVICES PROVIDED BY NONGOVERNMENTAL ORGANIZATIONS.

‘‘(a) PURPOSES.—The purposes of this section are—

‘‘(1) to prohibit discrimination against nongovernmental

organizations and certain individuals on the basis of religion

in the distribution of government funds to provide substance

abuse services under this title and title V, and the receipt

of services under such titles; and

‘‘(2) to allow the organizations to accept the funds to provide

the services to the individuals without impairing the religious

character of the organizations or the religious freedom of the

individuals.

‘‘(b) RELIGIOUS ORGANIZATIONS INCLUDED AS NONGOVERN- MENTAL PROVIDERS.— ‘‘(1) IN GENERAL.—A State may administer and provide

substance abuse services under any program under this title

or title V through grants, contracts, or cooperative agreements

to provide assistance to beneficiaries under such titles with

nongovernmental organizations.

‘‘(2) REQUIREMENT.—A State that elects to utilize nongovernmental organizations as provided for under paragraph

(1) shall consider, on the same basis as other nongovernmental

organizations, religious organizations to provide services under

substance abuse programs under this title or title V, so long

as the programs under such titles are implemented in a manner

consistent with the Establishment Clause of the first amendment to the Constitution. Neither the Federal Government

nor a State or local government receiving funds under such

programs shall discriminate against an organization that provides services under, or applies to provide services under, such

programs, on the basis that the organization has a religious

character.

‘‘(c) RELIGIOUS CHARACTER AND INDEPENDENCE.—

‘‘(1) IN GENERAL.—A religious organization that provides

services under any substance abuse program under this title

or title V shall retain its independence from Federal, State,

and local governments, including such organization’s control

over the definition, development, practice, and expression of

its religious beliefs.

‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the Federal

Government nor a State or local government shall require

a religious organization—

‘‘(A) to alter its form of internal governance; or

‘‘(B) to remove religious art, icons, scripture, or other

symbols,

in order to be eligible to provide services under any substance

abuse program under this title or title V.

‘‘(d) EMPLOYMENT PRACTICES.—

‘‘(1) SUBSTANCE ABUSE.—A religious organization that provides services under any substance abuse program under this

title or title V may require that its employees providing services

under such program adhere to rules forbidding the use of

drugs or alcohol.

‘‘(2) TITLE VII EXEMPTION.—The exemption of a religious

organization provided under section 702 or 703(e)(2) of the

Civil Rights Act of 1964 (42 U.S.C. 2000e–1, 2000e–2(e)(2))

regarding employment practices shall not be affected by the

42 USC 300x–65.

114 STAT. 1214 PUBLIC LAW 106–310—OCT. 17, 2000

religious organization’s provision of services under, or receipt

of funds from, any substance abuse program under this title

or title V.

‘‘(e) RIGHTS OF BENEFICIARIES OF ASSISTANCE.—

‘‘(1) IN GENERAL.—If an individual described in paragraph

(3) has an objection to the religious character of the organization

from which the individual receives, or would receive, services

funded under any substance abuse program under this title

or title V, the appropriate Federal, State, or local governmental

entity shall provide to such individual (if otherwise eligible

for such services) within a reasonable period of time after

the date of such objection, services that—

‘‘(A) are from an alternative provider that is accessible

to the individual; and

‘‘(B) have a value that is not less than the value

of the services that the individual would have received

from such organization.

‘‘(2) NOTICE.—The appropriate Federal, State, or local

governmental entity shall ensure that notice is provided to

individuals described in paragraph (3) of the rights of such

individuals under this section.

‘‘(3) INDIVIDUAL DESCRIBED.—An individual described in

this paragraph is an individual who receives or applies for

services under any substance abuse program under this title

or title V.

‘‘(f ) NONDISCRIMINATION AGAINST BENEFICIARIES.—A religious

organization providing services through a grant, contract, or

cooperative agreement under any substance abuse program under

this title or title V shall not discriminate, in carrying out such

program, against an individual described in subsection (e)(3) on

the basis of religion, a religious belief, a refusal to hold a religious

belief, or a refusal to actively participate in a religious practice.

‘‘(g) FISCAL ACCOUNTABILITY.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

any religious organization providing services under any substance abuse program under this title or title V shall be subject

to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting

principles for the use of such funds provided under such program.

‘‘(2) LIMITED AUDIT.—Such organization shall segregate

government funds provided under such substance abuse program into a separate account. Only the government funds shall

be subject to audit by the government.

‘‘(h) COMPLIANCE.—Any party that seeks to enforce such party’s

rights under this section may assert a civil action for injunctive

relief exclusively in an appropriate Federal or State court against

the entity, agency or official that allegedly commits such violation.

‘‘(i) LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES.—

No funds provided through a grant or contract to a religious

organization to provide services under any substance abuse program

under this title or title V shall be expended for sectarian worship,

instruction, or proselytization.

‘‘( j) EFFECT ON STATE AND LOCAL FUNDS.—If a State or local

government contributes State or local funds to carry out any substance abuse program under this title or title V, the State or

local government may segregate the State or local funds from the

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1215

Federal funds provided to carry out the program or may commingle

the State or local funds with the Federal funds. If the State or

local government commingles the State or local funds, the provisions

of this section shall apply to the commingled funds in the same

manner, and to the same extent, as the provisions apply to the

Federal funds.

‘‘(k) TREATMENT OF INTERMEDIATE CONTRACTORS.—If a nongovernmental organization (referred to in this subsection as an

‘intermediate organization’), acting under a contract or other agreement with the Federal Government or a State or local government,

is given the authority under the contract or agreement to select

nongovernmental organizations to provide services under any substance abuse program under this title or title V, the intermediate

organization shall have the same duties under this section as the

government but shall retain all other rights of a nongovernmental

organization under this section.’’.

SEC. 3306. ALCOHOL AND DRUG PREVENTION OR TREATMENT SERVICES FOR INDIANS AND NATIVE ALASKANS.

Part A of title V of the Public Health Service Act (42 U.S.C.

290aa et seq.) is amended by adding at the end the following:

‘‘SEC. 506A. ALCOHOL AND DRUG PREVENTION OR TREATMENT SERVICES FOR INDIANS AND NATIVE ALASKANS.

‘‘(a) IN GENERAL.—The Secretary shall award grants, contracts,

or cooperative agreements to public and private nonprofit entities,

including Native Alaskan entities and Indian tribes and tribal

organizations, for the purpose of providing alcohol and drug prevention or treatment services for Indians and Native Alaskans.

‘‘(b) PRIORITY.—In awarding grants, contracts, or cooperative

agreements under subsection (a), the Secretary shall give priority

to applicants that—

‘‘(1) propose to provide alcohol and drug prevention or

treatment services on reservations;

‘‘(2) propose to employ culturally-appropriate approaches,

as determined by the Secretary, in providing such services;

and

‘‘(3) have provided prevention or treatment services to

Native Alaskan entities and Indian tribes and tribal organizations for at least 1 year prior to applying for a grant under

this section.

‘‘(c) DURATION.—The Secretary shall award grants, contracts,

or cooperative agreements under subsection (a) for a period not

to exceed 5 years.

‘‘(d) APPLICATION.—An entity desiring a grant, contract, or

cooperative agreement under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied

by such information as the Secretary may reasonably require.

‘‘(e) EVALUATION.—An entity that receives a grant, contract,

or cooperative agreement under subsection (a) shall submit, in

the application for such grant, a plan for the evaluation of any

project undertaken with funds provided under this section. Such

entity shall provide the Secretary with periodic evaluations of the

progress of such project and such evaluation at the completion

of such project as the Secretary determines to be appropriate.

The final evaluation submitted by such entity shall include a recommendation as to whether such project shall continue.

Grants.

Contracts.

42 USC 290aa–

5a.

114 STAT. 1216 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(f ) REPORT.—Not later than 3 years after the date of the

enactment of this section and annually thereafter, the Secretary

shall prepare and submit, to the Committee on Health, Education,

Labor, and Pensions of the Senate, a report describing the services

provided pursuant to this section.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section, $15,000,000 for fiscal

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

2002 and 2003.’’.

SEC. 3307. ESTABLISHMENT OF COMMISSION.

(a) IN GENERAL.—There is established a commission to be

known as the Commission on Indian and Native Alaskan Health

Care that shall examine the health concerns of Indians and Native

Alaskans who reside on reservations and tribal lands (hereafter

in this section referred to as the ‘‘Commission’’).

(b) MEMBERSHIP.—

(1) IN GENERAL.—The Commission established under subsection (a) shall consist of—

(A) the Secretary;

(B) 15 members who are experts in the health care

field and issues that the Commission is established to

examine; and

(C) the Director of the Indian Health Service and the

Commissioner of Indian Affairs, who shall be nonvoting

members.

(2) APPOINTING AUTHORITY.—Of the 15 members of the

Commission described in paragraph (1)(B)—

(A) two shall be appointed by the Speaker of the House

of Representatives;

(B) two shall be appointed by the Minority Leader

of the House of Representatives;

(C) two shall be appointed by the Majority Leader

of the Senate;

(D) two shall be appointed by the Minority Leader

of the Senate; and

(E) seven shall be appointed by the Secretary.

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

appointed to the Commission shall be Indians or Native Alaskans.

(4) CHAIRPERSON.—The Secretary shall serve as the Chairperson of the Commission.

(5) EXPERTS.—The Commission may seek the expertise of

any expert in the health care field to carry out its duties.

(c) PERIOD OF APPOINTMENT.—Members shall be appointed for

the life of the Commission. Any vacancy in the Commission shall

not affect its powers, but shall be filed in the same manner as

the original appointment.

(d) DUTIES OF THE COMMISSION.—The Commission shall—

(1) study the health concerns of Indians and Native Alaskans; and

(2) prepare the reports described in subsection (i).

(e) POWERS OF THE COMMISSION.—

(1) HEARINGS.—The Commission may hold such hearings,

including hearings on reservations, sit and act at such times

and places, take such testimony, and receive such information

25 USC 1671

note.

Deadline.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1217

as the Commission considers advisable to carry out the purpose

for which the Commission was established.

(2) INFORMATION FROM FEDERAL AGENCIES.—The Commission may secure directly from any Federal department or agency

such information as the Commission considers necessary to

carry out the purpose for which the Commission was established. Upon request of the Chairperson of the Commission,

the head of such department or agency shall furnish such

information to the Commission.

(f ) COMPENSATION OF MEMBERS.—

(1) IN GENERAL.—Except as provided in subparagraph (B),

each member of the Commission may be compensated at a

rate not to exceed the daily equivalent of the annual rate

of basic pay prescribed for level IV of the Executive Schedule

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

day (including travel time), during which that member is

engaged in the actual performance of the duties of the Commission.

(2) LIMITATION.—Members of the Commission who are officers or employees of the United States shall receive no additional pay on account of their service on the Commission.

(g) TRAVEL EXPENSES OF MEMBERS.—The members of the

Commission shall be allowed travel expenses, including per diem

in lieu of subsistence, at rates authorized for employees of agencies

under section 5703 of title 5, United States Code, while away

from their homes or regular places of business in the performance

of services for the Commission.

(h) COMMISSION PERSONNEL MATTERS.—

(1) IN GENERAL.—The Secretary, in accordance with rules

established by the Commission, may select and appoint a staff

director and other personnel necessary to enable the Commission to carry out its duties.

(2) COMPENSATION OF PERSONNEL.—The Secretary, in

accordance with rules established by the Commission, may

set the amount of compensation to be paid to the staff director

and any other personnel that serve the Commission.

(3) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal

Government employee may be detailed to the Commission without reimbursement, and the detail shall be without interruption

or loss of civil service status or privilege.

(4) CONSULTANT SERVICES.—The Chairperson of the

Commission is authorized to procure the temporary and intermittent services of experts and consultants in accordance with

section 3109 of title 5, United States Code, at rates not to

exceed the daily equivalent of the annual rate of basic pay

prescribed for level IV of the Executive Schedule under section

5315 of such title.

(i) REPORT.—

(1) IN GENERAL.—Not later than 3 years after the date

of the enactment of the Youth Drug and Mental Health Services

Act, the Secretary shall prepare and submit, to the Committee

on Health, Education, Labor, and Pensions of the Senate, a

report that shall—

(A) detail the health problems faced by Indians and

Native Alaskans who reside on reservations;

(B) examine and explain the causes of such problems;

Deadline.

114 STAT. 1218 PUBLIC LAW 106–310—OCT. 17, 2000

(C) describe the health care services available to

Indians and Native Alaskans who reside on reservations

and the adequacy of such services;

(D) identify the reasons for the provision of inadequate

health care services for Indians and Native Alaskans who

reside on reservations, including the availability of

resources;

(E) develop measures for tracking the health status

of Indians and Native Americans who reside on reservations; and

(F) make recommendations for improvements in the

health care services provided for Indians and Native Alaskans who reside on reservations, including recommendations for legislative change.

(2) EXCEPTION.—In addition to the report required under

paragraph (1), not later than 2 years after the date of the

enactment of the Youth Drug and Mental Health Services Act,

the Secretary shall prepare and submit, to the Committee on

Health, Education, Labor, and Pensions of the Senate, a report

that describes any alcohol and drug abuse among Indians and

Native Alaskans who reside on reservations.

( j) PERMANENT COMMISSION.—Section 14 of the Federal

Advisory Committee Act (5 U.S.C. App.) shall not apply to the

Commission.

(k) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $5,000,000 for fiscal

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

2002 and 2003.

TITLE XXXIV—PROVISIONS RELATING

TO FLEXIBILITY AND ACCOUNTABILITY

SEC. 3401. GENERAL AUTHORITIES AND PEER REVIEW.

(a) GENERAL AUTHORITIES.—Paragraph (1) of section 501(e)

of the Public Health Service Act (42 U.S.C. 290aa(e)) is amended

to read as follows:

‘‘(1) IN GENERAL.—There may be in the Administration

an Associate Administrator for Alcohol Prevention and Treatment Policy to whom the Administrator may delegate the functions of promoting, monitoring, and evaluating service programs

for the prevention and treatment of alcoholism and alcohol

abuse within the Center for Substance Abuse Prevention, the

Center for Substance Abuse Treatment and the Center for

Mental Health Services, and coordinating such programs among

the Centers, and among the Centers and other public and

private entities. The Associate Administrator also may ensure

that alcohol prevention, education, and policy strategies are

integrated into all programs of the Centers that address substance abuse prevention, education, and policy, and that the

Center for Substance Abuse Prevention addresses the Healthy

People 2010 goals and the National Dietary Guidelines of the

Department of Health and Human Services and the Department

of Agriculture related to alcohol consumption.’’.

(b) PEER REVIEW.—Section 504 of the Public Health Service

(42 U.S.C. 290aa–3) is amended as follows:

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1219

‘‘SEC. 504. PEER REVIEW.

‘‘(a) IN GENERAL.—The Secretary, after consultation with the

Administrator, shall require appropriate peer review of grants,

cooperative agreements, and contracts to be administered through

the agency which exceed the simple acquisition threshold as defined

in section 4(11) of the Office of Federal Procurement Policy Act.

‘‘(b) MEMBERS.—The members of any peer review group established under subsection (a) shall be individuals who by virtue

of their training or experience are eminently qualified to perform

the review functions of the group. Not more than one-fourth of

the members of any such peer review group shall be officers or

employees of the United States.

‘‘(c) ADVISORY COUNCIL REVIEW.—If the direct cost of a grant

or cooperative agreement (described in subsection (a)) exceeds the

simple acquisition threshold as defined by section 4(11) of the

Office of Federal Procurement Policy Act, the Secretary may make

such a grant or cooperative agreement only if such grant or cooperative agreement is recommended—

‘‘(1) after peer review required under subsection (a); and

‘‘(2) by the appropriate advisory council.

‘‘(d) CONDITIONS.—The Secretary may establish limited exceptions to the limitations contained in this section regarding participation of Federal employees and advisory council approval. The circumstances under which the Secretary may make such an exception

shall be made public.’’.

SEC. 3402. ADVISORY COUNCILS.

Section 502(e) of the Public Health Service Act (42 U.S.C.

290aa–1(e)) is amended in the first sentence by striking ‘‘3 times’’

and inserting ‘‘2 times’’.

SEC. 3403. GENERAL PROVISIONS FOR THE PERFORMANCE PARTNERSHIP BLOCK GRANTS.

(a) PLANS FOR PERFORMANCE PARTNERSHIPS.—Section 1949 of

the Public Health Service Act (42 U.S.C. 300x–59) is amended

as follows:

‘‘SEC. 1949. PLANS FOR PERFORMANCE PARTNERSHIPS.

‘‘(a) DEVELOPMENT.—The Secretary in conjunction with States

and other interested groups shall develop separate plans for the

programs authorized under subparts I and II for creating more

flexibility for States and accountability based on outcome and other

performance measures. The plans shall each include—

‘‘(1) a description of the flexibility that would be given

to the States under the plan;

‘‘(2) the common set of performance measures that would

be used for accountability, including measures that would be

used for the program under subpart II for pregnant addicts,

HIV transmission, tuberculosis, and those with a co-occurring

substance abuse and mental disorders, and for programs under

subpart I for children with serious emotional disturbance and

adults with serious mental illness and for individuals with

co-occurring mental health and substance abuse disorders;

‘‘(3) the definitions for the data elements to be used under

the plan;

‘‘(4) the obstacles to implementation of the plan and the

manner in which such obstacles would be resolved;

Grants.

Contracts.

114 STAT. 1220 PUBLIC LAW 106–310—OCT. 17, 2000

‘‘(5) the resources needed to implement the performance

partnerships under the plan; and

‘‘(6) an implementation strategy complete with recommendations for any necessary legislation.

‘‘(b) SUBMISSION.—Not later than 2 years after the date of

the enactment of this Act, the plans developed under subsection

(a) shall be submitted to the Committee on Health, Education,

Labor, and Pensions of the Senate and the Committee on Commerce

of the House of Representatives.

‘‘(c) INFORMATION.—As the elements of the plans described in

subsection (a) are developed, States are encouraged to provide

information to the Secretary on a voluntary basis.

‘‘(d) PARTICIPANTS.—The Secretary shall include among those

interested groups that participate in the development of the plan

consumers of mental health or substance abuse services, providers,

representatives of political divisions of States, and representatives

of racial and ethnic groups including Native Americans.’’.

(b) AVAILABILITY TO STATES OF GRANT PROGRAMS.—Section

1952 of the Public Health Service Act (42 U.S.C. 300x–62) is

amended as follows:

‘‘SEC. 1952. AVAILABILITY TO STATES OF GRANT PAYMENTS.

‘‘Any amounts paid to a State for a fiscal year under section

1911 or 1921 shall be available for obligation and expenditure

until the end of the fiscal year following the fiscal year for which

the amounts were paid.’’.

SEC. 3404. DATA INFRASTRUCTURE PROJECTS.

Part C of title XIX of the Public Health Service Act (42 U.S.C.

300y et seq.) is amended—

(1) by striking the headings for part C and subpart I

and inserting the following:

‘‘PART C—CERTAIN PROGRAMS REGARDING

MENTAL HEALTH AND SUBSTANCE ABUSE

‘‘Subpart I—Data Infrastructure Development’’;

(2) by striking section 1971 (42 U.S.C. 300y) and inserting

the following:

‘‘SEC. 1971. DATA INFRASTRUCTURE DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary may make grants to, and

enter into contracts or cooperative agreements with States for the

purpose of developing and operating mental health or substance

abuse data collection, analysis, and reporting systems with regard

to performance measures including capacity, process, and outcomes

measures.

‘‘(b) PROJECTS.—The Secretary shall establish criteria to ensure

that services will be available under this section to States that

have a fundamental basis for the collection, analysis, and reporting

of mental health and substance abuse performance measures and

States that do not have such basis. The Secretary will establish

criteria for determining whether a State has a fundamental basis

for the collection, analysis, and reporting of data.

‘‘(c) CONDITION OF RECEIPT OF FUNDS.—As a condition of the

receipt of an award under this section a State shall agree to collect,

analyze, and report to the Secretary within 2 years of the date

Deadline.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1221

of the award on a core set of performance measures to be determined

by the Secretary in conjunction with the States.

‘‘(d) MATCHING REQUIREMENT.— ‘‘(1) IN GENERAL.—With respect to the costs of the program

to be carried out under subsection (a) by a State, the Secretary

may make an award under such subsection only if the applicant

agrees to make available (directly or through donations from

public or private entities) non-Federal contributions toward

such costs in an amount that is not less than 50 percent

of such costs.

‘‘(2) DETERMINATION OF AMOUNT CONTRIBUTED.—Non-Federal contributions under paragraph (1) may be in cash or in

kind, fairly evaluated, including plant, equipment, or services.

Amounts provided by the Federal Government, or services

assisted or subsidized to any significant extent by the Federal

Government, may not be included in determining the amount

of such contributions.

‘‘(e) DURATION OF SUPPORT.—The period during which payments

may be made for a project under subsection (a) may be not less

than 3 years nor more than 5 years.

‘‘(f ) AUTHORIZATION OF APPROPRIATION.—

‘‘(1) IN GENERAL.—For the purpose of carrying out this

section, there are authorized to be appropriated such sums

as may be necessary for each of the fiscal years 2001, 2002

and 2003.

‘‘(2) ALLOCATION.—Of the amounts appropriated under

paragraph (1) for a fiscal year, 50 percent shall be expended

to support data infrastructure development for mental health

and 50 percent shall be expended to support data infrastructure

development for substance abuse.’’.

SEC. 3405. REPEAL OF OBSOLETE ADDICT REFERRAL PROVISIONS.

(a) REPEAL OF OBSOLETE PUBLIC HEALTH SERVICE ACT

AUTHORITIES.—Part E of title III (42 U.S.C. 257 et seq.) is repealed.

(b) REPEAL OF OBSOLETE NARA AUTHORITIES.—Titles III and

IV of the Narcotic Addict Rehabilitation Act of 1966 (Public Law

89–793) are repealed.

(c) REPEAL OF OBSOLETE TITLE 28 AUTHORITIES.—

(1) IN GENERAL.—Chapter 175 of title 28, United States

Code, is repealed.

(2) TABLE OF CONTENTS.—The table of contents to part

VI of title 28, United States Code, is amended by striking

the items relating to chapter 175.

SEC. 3406. INDIVIDUALS WITH CO-OCCURRING DISORDERS.

The Public Health Service Act is amended by inserting after

section 503 (42 U.S.C. 290aa–2) the following:

‘‘SEC. 503A. REPORT ON INDIVIDUALS WITH CO-OCCURRING MENTAL

ILLNESS AND SUBSTANCE ABUSE DISORDERS.

‘‘(a) IN GENERAL.—Not later than 2 years after the date of

the enactment of this section, the Secretary shall, after consultation

with organizations representing States, mental health and substance abuse treatment providers, prevention specialists, individuals receiving treatment services, and family members of such

individuals, prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on

Commerce of the House of Representatives, a report on prevention

Deadline.

42 USC 290aa–

2a.

28 USC 2901–

2906.

42 USC 3411–

3426, 3441.

114 STAT. 1222 PUBLIC LAW 106–310—OCT. 17, 2000

and treatment services for individuals who have co-occurring mental

illness and substance abuse disorders.

‘‘(b) REPORT CONTENT.—The report under subsection (a) shall

be based on data collected from existing Federal and State surveys

regarding the treatment of co-occurring mental illness and substance abuse disorders and shall include—

‘‘(1) a summary of the manner in which individuals with

co-occurring disorders are receiving treatment, including the

most up-to-date information available regarding the number

of children and adults with co-occurring mental illness and

substance abuse disorders and the manner in which funds

provided under sections 1911 and 1921 are being utilized,

including the number of such children and adults served with

such funds;

‘‘(2) a summary of improvements necessary to ensure that

individuals with co-occurring mental illness and substance

abuse disorders receive the services they need;

‘‘(3) a summary of practices for preventing substance abuse

among individuals who have a mental illness and are at risk

of having or acquiring a substance abuse disorder; and

‘‘(4) a summary of evidenced-based practices for treating

individuals with co-occurring mental illness and substance

abuse disorders and recommendations for implementing such

practices.

‘‘(c) FUNDS FOR REPORT.—The Secretary may obligate funds

to carry out this section with such appropriations as are available.’’.

SEC. 3407. SERVICES FOR INDIVIDUALS WITH CO-OCCURRING DISORDERS.

Subpart III of part B of title XIX of the Public Health Service

Act (42 U.S.C. 300x–51 et seq.) (as amended by section 3305)

is further amended by adding at the end the following:

‘‘SEC. 1956. SERVICES FOR INDIVIDUALS WITH CO-OCCURRING DISORDERS.

‘‘States may use funds available for treatment under sections

1911 and 1921 to treat persons with co-occurring substance abuse

and mental disorders as long as funds available under such sections

are used for the purposes for which they were authorized by law

and can be tracked for accounting purposes.’’.

TITLE XXXV—WAIVER AUTHORITY FOR

PHYSICIANS WHO DISPENSE OR PRESCRIBE CERTAIN NARCOTIC DRUGS

FOR MAINTENANCE TREATMENT OR

DETOXIFICATION TREATMENT

SEC. 3501. SHORT TITLE.

This title may be cited as the ‘‘Drug Addiction Treatment

Act of 2000’’.

SEC. 3502. AMENDMENT TO CONTROLLED SUBSTANCES ACT.

(a) IN GENERAL.—Section 303(g) of the Controlled Substances

Act (21 U.S.C. 823(g)) is amended—

21 USC 801 note.

Drug Addiction

Treatment Act of

2000.

42 USC 300x–66.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1223

(1) in paragraph (2), by striking ‘‘(A) security’’ and inserting

‘‘(i) security’’, and by striking ‘‘(B) the maintenance’’ and

inserting ‘‘(ii) the maintenance’’;

(2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;

(3) by inserting ‘‘(1)’’ after ‘‘(g)’’;

(4) by striking ‘‘Practitioners who dispense’’ and inserting

‘‘Except as provided in paragraph (2), practitioners who dispense’’; and

(5) by adding at the end the following paragraph:

‘‘(2)(A) Subject to subparagraphs (D) and (J), the requirements

of paragraph (1) are waived in the case of the dispensing (including

the prescribing), by a practitioner, of narcotic drugs in schedule

III, IV, or V or combinations of such drugs if the practitioner

meets the conditions specified in subparagraph (B) and the narcotic

drugs or combinations of such drugs meet the conditions specified

in subparagraph (C).

‘‘(B) For purposes of subparagraph (A), the conditions specified

in this subparagraph with respect to a practitioner are that, before

the initial dispensing of narcotic drugs in schedule III, IV, or

V or combinations of such drugs to patients for maintenance or

detoxification treatment, the practitioner submit to the Secretary

a notification of the intent of the practitioner to begin dispensing

the drugs or combinations for such purpose, and that the notification

contain the following certifications by the practitioner:

‘‘(i) The practitioner is a qualifying physician (as defined

in subparagraph (G)).

‘‘(ii) With respect to patients to whom the practitioner

will provide such drugs or combinations of drugs, the practitioner has the capacity to refer the patients for appropriate

counseling and other appropriate ancillary services.

‘‘(iii) In any case in which the practitioner is not in a

group practice, the total number of such patients of the practitioner at any one time will not exceed the applicable number.

For purposes of this clause, the applicable number is 30, except

that the Secretary may by regulation change such total number.

‘‘(iv) In any case in which the practitioner is in a group

practice, the total number of such patients of the group practice

at any one time will not exceed the applicable number. For

purposes of this clause, the applicable number is 30, except

that the Secretary may by regulation change such total number,

and the Secretary for such purposes may by regulation establish

different categories on the basis of the number of practitioners

in a group practice and establish for the various categories

different numerical limitations on the number of such patients

that the group practice may have.

‘‘(C) For purposes of subparagraph (A), the conditions specified

in this subparagraph with respect to narcotic drugs in schedule

III, IV, or V or combinations of such drugs are as follows:

‘‘(i) The drugs or combinations of drugs have, under the

Federal Food, Drug, and Cosmetic Act or section 351 of the

Public Health Service Act, been approved for use in maintenance or detoxification treatment.

‘‘(ii) The drugs or combinations of drugs have not been

the subject of an adverse determination. For purposes of this

clause, an adverse determination is a determination published

Federal Register,

publication.

114 STAT. 1224 PUBLIC LAW 106–310—OCT. 17, 2000

in the Federal Register and made by the Secretary, after consultation with the Attorney General, that the use of the drugs

or combinations of drugs for maintenance or detoxification

treatment requires additional standards respecting the qualifications of practitioners to provide such treatment, or requires

standards respecting the quantities of the drugs that may be

provided for unsupervised use.

‘‘(D)(i) A waiver under subparagraph (A) with respect to a

practitioner is not in effect unless (in addition to conditions under

subparagraphs (B) and (C)) the following conditions are met:

‘‘(I) The notification under subparagraph (B) is in writing

and states the name of the practitioner.

‘‘(II) The notification identifies the registration issued for

the practitioner pursuant to subsection (f ).

‘‘(III) If the practitioner is a member of a group practice,

the notification states the names of the other practitioners

in the practice and identifies the registrations issued for the

other practitioners pursuant to subsection (f ).

‘‘(ii) Upon receiving a notification under subparagraph (B), the

Attorney General shall assign the practitioner involved an identification number under this paragraph for inclusion with the registration issued for the practitioner pursuant to subsection (f ).

The identification number so assigned shall be appropriate to preserve the confidentiality of patients for whom the practitioner has

dispensed narcotic drugs under a waiver under subparagraph (A).

‘‘(iii) Not later than 45 days after the date on which the Secretary receives a notification under subparagraph (B), the Secretary

shall make a determination of whether the practitioner involved

meets all requirements for a waiver under subparagraph (B). If

the Secretary fails to make such determination by the end of the

such 45-day period, the Attorney General shall assign the physician

an identification number described in clause (ii) at the end of

such period.

‘‘(E)(i) If a practitioner is not registered under paragraph (1)

and, in violation of the conditions specified in subparagraphs (B)

through (D), dispenses narcotic drugs in schedule III, IV, or V

or combinations of such drugs for maintenance treatment or detoxification treatment, the Attorney General may, for purposes of section 304(a)(4), consider the practitioner to have committed an act

that renders the registration of the practitioner pursuant to subsection (f ) to be inconsistent with the public interest.

‘‘(ii)(I) Upon the expiration of 45 days from the date on which

the Secretary receives a notification under subparagraph (B), a

practitioner who in good faith submits a notification under subparagraph (B) and reasonably believes that the conditions specified

in subparagraphs (B) through (D) have been met shall, in dispensing

narcotic drugs in schedule III, IV, or V or combinations of such

drugs for maintenance treatment or detoxification treatment, be

considered to have a waiver under subparagraph (A) until notified

otherwise by the Secretary, except that such a practitioner may

commence to prescribe or dispense such narcotic drugs for such

purposes prior to the expiration of such 45-day period if it facilitates

the treatment of an individual patient and both the Secretary

and the Attorney General are notified by the practitioner of the

intent to commence prescribing or dispensing such narcotic drugs.

‘‘(II) For purposes of subclause (I), the publication in the Federal

Register of an adverse determination by the Secretary pursuant

Federal Register,

publication.

Expiration date.

Deadline.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1225

to subparagraph (C)(ii) shall (with respect to the narcotic drug

or combination involved) be considered to be a notification provided

by the Secretary to practitioners, effective upon the expiration

of the 30-day period beginning on the date on which the adverse

determination is so published.

‘‘(F)(i) With respect to the dispensing of narcotic drugs in

schedule III, IV, or V or combinations of such drugs to patients

for maintenance or detoxification treatment, a practitioner may,

in his or her discretion, dispense such drugs or combinations for

such treatment under a registration under paragraph (1) or a

waiver under subparagraph (A) (subject to meeting the applicable

conditions).

‘‘(ii) This paragraph may not be construed as having any legal

effect on the conditions for obtaining a registration under paragraph

(1), including with respect to the number of patients who may

be served under such a registration.

‘‘(G) For purposes of this paragraph:

‘‘(i) The term ‘group practice’ has the meaning given such

term in section 1877(h)(4) of the Social Security Act.

‘‘(ii) The term ‘qualifying physician’ means a physician

who is licensed under State law and who meets one or more

of the following conditions:

‘‘(I) The physician holds a subspecialty board certification in addiction psychiatry from the American Board

of Medical Specialties.

‘‘(II) The physician holds an addiction certification from

the American Society of Addiction Medicine.

‘‘(III) The physician holds a subspecialty board certification in addiction medicine from the American Osteopathic

Association.

‘‘(IV) The physician has, with respect to the treatment

and management of opiate-dependent patients, completed

not less than eight hours of training (through classroom

situations, seminars at professional society meetings, electronic communications, or otherwise) that is provided by

the American Society of Addiction Medicine, the American

Academy of Addiction Psychiatry, the American Medical

Association, the American Osteopathic Association, the

American Psychiatric Association, or any other organization

that the Secretary determines is appropriate for purposes

of this subclause.

‘‘(V) The physician has participated as an investigator

in one or more clinical trials leading to the approval of

a narcotic drug in schedule III, IV, or V for maintenance

or detoxification treatment, as demonstrated by a statement submitted to the Secretary by the sponsor of such

approved drug.

‘‘(VI) The physician has such other training or experience as the State medical licensing board (of the State

in which the physician will provide maintenance or detoxification treatment) considers to demonstrate the ability

of the physician to treat and manage opiate-dependent

patients.

‘‘(VII) The physician has such other training or experience as the Secretary considers to demonstrate the ability

of the physician to treat and manage opiate-dependent

patients. Any criteria of the Secretary under this subclause

114 STAT. 1226 PUBLIC LAW 106–310—OCT. 17, 2000

shall be established by regulation. Any such criteria are

effective only for 3 years after the date on which the

criteria are promulgated, but may be extended for such

additional discrete 3-year periods as the Secretary considers appropriate for purposes of this subclause. Such

an extension of criteria may only be effectuated through

a statement published in the Federal Register by the Secretary during the 30-day period preceding the end of the

3-year period involved.

‘‘(H)(i) In consultation with the Administrator of the Drug

Enforcement Administration, the Administrator of the Substance

Abuse and Mental Health Services Administration, the Director

of the National Institute on Drug Abuse, and the Commissioner

of Food and Drugs, the Secretary shall issue regulations (through

notice and comment rulemaking) or issue practice guidelines to

address the following:

‘‘(I) Approval of additional credentialing bodies and the

responsibilities of additional credentialing bodies.

‘‘(II) Additional exemptions from the requirements of this

paragraph and any regulations under this paragraph.

Nothing in such regulations or practice guidelines may authorize

any Federal official or employee to exercise supervision or control

over the practice of medicine or the manner in which medical

services are provided.

‘‘(ii) Not later than 120 days after the date of the enactment

of the Drug Addiction Treatment Act of 2000, the Secretary shall

issue a treatment improvement protocol containing best practice

guidelines for the treatment and maintenance of opiate-dependent

patients. The Secretary shall develop the protocol in consultation

with the Director of the National Institute on Drug Abuse, the

Administrator of the Drug Enforcement Administration, the

Commissioner of Food and Drugs, the Administrator of the Substance Abuse and Mental Health Services Administration and other

substance abuse disorder professionals. The protocol shall be guided

by science.

‘‘(I) During the 3-year period beginning on the date of the

enactment of the Drug Addiction Treatment Act of 2000, a State

may not preclude a practitioner from dispensing or prescribing

drugs in schedule III, IV, or V, or combinations of such drugs,

to patients for maintenance or detoxification treatment in accordance with this paragraph unless, before the expiration of that

3-year period, the State enacts a law prohibiting a practitioner

from dispensing such drugs or combinations of drug.

‘‘(J)(i) This paragraph takes effect on the date of the enactment

of the Drug Addiction Treatment Act of 2000, and remains in

effect thereafter except as provided in clause (iii) (relating to a

decision by the Secretary or the Attorney General that this paragraph should not remain in effect).

‘‘(ii) For purposes relating to clause (iii), the Secretary and

the Attorney General may, during the 3-year period beginning

on the date of the enactment of the Drug Addiction Treatment

Act of 2000, make determinations in accordance with the following:

‘‘(I) The Secretary may make a determination of whether

treatments provided under waivers under subparagraph (A)

Effective date.

Deadline.

Federal Register,

publication.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1227

have been effective forms of maintenance treatment and detoxification treatment in clinical settings; may make a determination of whether such waivers have significantly increased (relative to the beginning of such period) the availability of maintenance treatment and detoxification treatment; and may make

a determination of whether such waivers have adverse consequences for the public health.

‘‘(II) The Attorney General may make a determination of

the extent to which there have been violations of the numerical

limitations established under subparagraph (B) for the number

of individuals to whom a practitioner may provide treatment;

may make a determination of whether waivers under subparagraph (A) have increased (relative to the beginning of such

period) the extent to which narcotic drugs in schedule III,

IV, or V or combinations of such drugs are being dispensed

or possessed in violation of this Act; and may make a determination of whether such waivers have adverse consequences for

the public health.

‘‘(iii) If, before the expiration of the period specified in clause

(ii), the Secretary or the Attorney General publishes in the Federal

Register a decision, made on the basis of determinations under

such clause, that this paragraph should not remain in effect, this

paragraph ceases to be in effect 60 days after the date on which

the decision is so published. The Secretary shall in making any

such decision consult with the Attorney General, and shall in publishing the decision in the Federal Register include any comments

received from the Attorney General for inclusion in the publication.

The Attorney General shall in making any such decision consult

with the Secretary, and shall in publishing the decision in the

Federal Register include any comments received from the Secretary

for inclusion in the publication.’’.

(b) CONFORMING AMENDMENTS.—Section 304 of the Controlled

Substances Act (21 U.S.C. 824) is amended—

(1) in subsection (a), in the matter after and below paragraph (5), by striking ‘‘section 303(g)’’ each place such term

appears and inserting ‘‘section 303(g)(1)’’; and

(2) in subsection (d), by striking ‘‘section 303(g)’’ and

inserting ‘‘section 303(g)(1)’’.

(c) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.—For the

purpose of assisting the Secretary of Health and Human Services

with the additional duties established for the Secretary pursuant

to the amendments made by this section, there are authorized

to be appropriated, in addition to other authorizations of appropriations that are available for such purpose, such sums as may be

necessary for each of fiscal years 2001 through 2003.

TITLE XXXVI—METHAMPHETAMINE

AND OTHER CONTROLLED SUBSTANCES

SEC. 3601. SHORT TITLE.

This title may be cited as the ‘‘Methamphetamine Anti-Proliferation Act of 2000’’.

21 USC 801 note.

Methamphetamine AntiProliferation

Act of 2000.

Federal Register,

publication.

Effective date.

114 STAT. 1228 PUBLIC LAW 106–310—OCT. 17, 2000

Subtitle A—Methamphetamine Production,

Trafficking, and Abuse

PART I—CRIMINAL PENALTIES

SEC. 3611. ENHANCED PUNISHMENT OF AMPHETAMINE LABORATORY

OPERATORS.

(a) AMENDMENT TO FEDERAL SENTENCING GUIDELINES.—Pursuant to its authority under section 994(p) of title 28, United States

Code, the United States Sentencing Commission shall amend the

Federal sentencing guidelines in accordance with this section with

respect to any offense relating to the manufacture, importation,

exportation, or trafficking in amphetamine (including an attempt

or conspiracy to do any of the foregoing) in violation of—

(1) the Controlled Substances Act (21 U.S.C. 801 et seq.);

(2) the Controlled Substances Import and Export Act (21

U.S.C. 951 et seq.); or

(3) the Maritime Drug Law Enforcement Act (46 U.S.C.

App. 1901 et seq.).

(b) GENERAL REQUIREMENT.—In carrying out this section, the

United States Sentencing Commission shall, with respect to each

offense described in subsection (a) relating to amphetamine—

(1) review and amend its guidelines to provide for increased

penalties such that those penalties are comparable to the base

offense level for methamphetamine; and

(2) take any other action the Commission considers necessary to carry out this subsection.

(c) ADDITIONAL REQUIREMENTS.—In carrying out this section,

the United States Sentencing Commission shall ensure that the

sentencing guidelines for offenders convicted of offenses described

in subsection (a) reflect the heinous nature of such offenses, the

need for aggressive law enforcement action to fight such offenses,

and the extreme dangers associated with unlawful activity involving

amphetamines, including—

(1) the rapidly growing incidence of amphetamine abuse

and the threat to public safety that such abuse poses;

(2) the high risk of amphetamine addiction;

(3) the increased risk of violence associated with amphetamine trafficking and abuse; and

(4) the recent increase in the illegal importation of amphetamine and precursor chemicals.

(d) EMERGENCY AUTHORITY TO SENTENCING COMMISSION.—The

United States Sentencing Commission shall promulgate amendments pursuant to this section as soon as practicable after the

date of the enactment of this Act in accordance with the procedure

set forth in section 21(a) of the Sentencing Act of 1987 (Public

Law 100–182), as though the authority under that Act had not

expired.

SEC. 3612. ENHANCED PUNISHMENT OF AMPHETAMINE OR METHAMPHETAMINE LABORATORY OPERATORS.

(a) FEDERAL SENTENCING GUIDELINES.—

(1) IN GENERAL.—Pursuant to its authority under section

994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines in accordance with paragraph (2) with respect to any

28 USC 994 note.

28 USC 994 note.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1229

offense relating to the manufacture, attempt to manufacture,

or conspiracy to manufacture amphetamine or methamphetamine in violation of—

(A) the Controlled Substances Act (21 U.S.C. 801 et

seq.);

(B) the Controlled Substances Import and Export Act

(21 U.S.C. 951 et seq.); or

(C) the Maritime Drug Law Enforcement Act (46 U.S.C.

App. 1901 et seq.).

(2) REQUIREMENTS.—In carrying out this paragraph, the

United States Sentencing Commission shall—

(A) if the offense created a substantial risk of harm

to human life (other than a life described in subparagraph

(B)) or the environment, increase the base offense level

for the offense—

(i) by not less than 3 offense levels above the

applicable level in effect on the date of the enactment

of this Act; or

(ii) if the resulting base offense level after an

increase under clause (i) would be less than level 27,

to not less than level 27; or

(B) if the offense created a substantial risk of harm

to the life of a minor or incompetent, increase the base

offense level for the offense—

(i) by not less than 6 offense levels above the

applicable level in effect on the date of the enactment

of this Act; or

(ii) if the resulting base offense level after an

increase under clause (i) would be less than level 30,

to not less than level 30.

(3) EMERGENCY AUTHORITY TO SENTENCING COMMISSION.—

The United States Sentencing Commission shall promulgate

amendments pursuant to this subsection as soon as practicable

after the date of the enactment of this Act in accordance with

the procedure set forth in section 21(a) of the Sentencing Act

of 1987 (Public Law 100–182), as though the authority under

that Act had not expired.

(b) EFFECTIVE DATE.—The amendments made pursuant to this

section shall apply with respect to any offense occurring on or

after the date that is 60 days after the date of the enactment

of this Act.

SEC. 3613. MANDATORY RESTITUTION FOR VIOLATIONS OF CONTROLLED SUBSTANCES ACT AND CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT RELATING TO

AMPHETAMINE AND METHAMPHETAMINE.

(a) MANDATORY RESTITUTION.—Section 413(q) of the Controlled

Substances Act (21 U.S.C. 853(q)) is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘may’’

and inserting ‘‘shall’’;

(2) by inserting ‘‘amphetamine or’’ before ‘‘methamphetamine’’ each place it appears;

(3) in paragraph (2)—

(A) by inserting ‘‘, the State or local government concerned, or both the United States and the State or local

government concerned’’ after ‘‘United States’’ the first place

it appears; and

114 STAT. 1230 PUBLIC LAW 106–310—OCT. 17, 2000

(B) by inserting ‘‘or the State or local government

concerned, as the case may be,’’ after ‘‘United States’’ the

second place it appears; and

(4) in paragraph (3), by striking ‘‘section 3663 of title 18,

United States Code’’ and inserting ‘‘section 3663A of title 18,

United States Code’’.

(b) DEPOSIT OF AMOUNTS IN DEPARTMENT OF JUSTICE ASSETS

FORFEITURE FUND.—Section 524(c)(4) of title 28, United States

Code, is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (B);

(2) by striking the period at the end of subparagraph (C)

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(D) all amounts collected—

‘‘(i) by the United States pursuant to a reimbursement

order under paragraph (2) of section 413(q) of the Controlled Substances Act (21 U.S.C. 853(q)); and

‘‘(ii) pursuant to a restitution order under paragraph

(1) or (3) of section 413(q) of the Controlled Substances

Act for injuries to the United States.’’.

(c) CLARIFICATION OF CERTAIN ORDERS OF RESTITUTION.—Section 3663(c)(2)(B) of title 18, United States Code, is amended by

inserting ‘‘which may be’’ after ‘‘the fine’’.

(d) EXPANSION OF APPLICABILITY OF MANDATORY RESTITUTION.—Section 3663A(c)(1)(A)(ii) of title 18, United States Code,

is amended by inserting ‘‘or under section 416(a) of the Controlled

Substances Act (21 U.S.C. 856(a)),’’ after ‘‘under this title,’’.

(e) TREATMENT OF ILLICIT SUBSTANCE MANUFACTURING OPERATIONS AS CRIMES AGAINST PROPERTY.—Section 416 of the Controlled Substances Act (21 U.S.C. 856) is amended by adding at

the end the following new subsection:

‘‘(c) A violation of subsection (a) shall be considered an offense

against property for purposes of section 3663A(c)(1)(A)(ii) of title

18, United States Code.’’.

SEC. 3614. METHAMPHETAMINE PARAPHERNALIA.

Section 422(d) of the Controlled Substances Act (21 U.S.C.

863(d)) is amended in the matter preceding paragraph (1) by

inserting ‘‘methamphetamine,’’ after ‘‘PCP,’’.

PART II—ENHANCED LAW ENFORCEMENT

SEC. 3621. ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL

MANUFACTURE OF AMPHETAMINE AND METHAMPHETAMINE.

(a) USE OF AMOUNTS OR DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND.—Section 524(c)(1)(E) of title 28, United States Code,

is amended—

(1) by inserting ‘‘(i) for’’ before ‘‘disbursements’’;

(2) by inserting ‘‘and’’ after the semicolon; and

(3) by adding at the end the following:

‘‘(ii) for payment for—

‘‘(I) costs incurred by or on behalf of the Department

of Justice in connection with the removal, for purposes

of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1231

illegal manufacture of amphetamine or methamphetamine;

and

‘‘(II) costs incurred by or on behalf of a State or local

government in connection with such removal in any case

in which such State or local government has assisted in

a Federal prosecution relating to amphetamine or methamphetamine, to the extent such costs exceed equitable

sharing payments made to such State or local government

in such case;’’.

(b) GRANTS UNDER DRUG CONTROL AND SYSTEM IMPROVEMENT

GRANT PROGRAM.—Section 501(b)(3) of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3751(b)(3)) is amended

by inserting before the semicolon the following: ‘‘and to remove

any hazardous substance or pollutant or contaminant associated

with the illegal manufacture of amphetamine or methamphetamine’’.

(c) AMOUNTS SUPPLEMENT AND NOT SUPPLANT.— (1) ASSETS FORFEITURE FUND.—Any amounts made available from the Department of Justice Assets Forfeiture Fund

in a fiscal year by reason of the amendment made by subsection

(a) shall supplement, and not supplant, any other amounts

made available to the Department of Justice in such fiscal

year from other sources for payment of costs described in section

524(c)(1)(E)(ii) of title 28, United States Code, as so amended.

(2) GRANT PROGRAM.—Any amounts made available in a

fiscal year under the grant program under section 501(b)(3)

of the Omnibus Crime Control and Safe Streets Act of 1968

(42 U.S.C. 3751(b)(3)) for the removal of hazardous substances

or pollutants or contaminants associated with the illegal manufacture of amphetamine or methamphetamine by reason of

the amendment made by subsection (b) shall supplement, and

not supplant, any other amounts made available in such fiscal

year from other sources for such removal.

SEC. 3622. REDUCTION IN RETAIL SALES TRANSACTION THRESHOLD

FOR NON-SAFE HARBOR PRODUCTS CONTAINING

PSEUDOEPHEDRINE OR PHENYLPROPANOLAMINE.

(a) REDUCTION IN TRANSACTION THRESHOLD.—Section

102(39)(A)(iv)(II) of the Controlled Substances Act (21 U.S.C.

802(39)(A)(iv)(II)) is amended—

(1) by striking ‘‘24 grams’’ both places it appears and

inserting ‘‘9 grams’’; and

(2) by inserting before the semicolon at the end the following: ‘‘and sold in package sizes of not more than 3 grams

of pseudoephedrine base or 3 grams of phenylpropanolamine

base’’.

(b) EFFECTIVE DATE.—The amendments made by subsection

(a) shall take effect 1 year after the date of the enactment of

this Act.

SEC. 3623. TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND

STATE AND LOCAL LAW ENFORCEMENT PERSONNEL

RELATING TO CLANDESTINE LABORATORIES.

(a) IN GENERAL.—

(1) REQUIREMENT.—The Administrator of the Drug Enforcement Administration shall carry out the programs described

in subsection (b) with respect to the law enforcement personnel

of States and localities determined by the Administrator to

21 USC 872 note.

21 USC 802 note.

42 USC 3751

note.

28 USC 524 note.

114 STAT. 1232 PUBLIC LAW 106–310—OCT. 17, 2000

have significant levels of methamphetamine-related or amphetamine-related crime or projected by the Administrator to have

the potential for such levels of crime in the future.

(2) DURATION.—The duration of any program under that

subsection may not exceed 3 years.

(b) COVERED PROGRAMS.—The programs described in this subsection are as follows:

(1) ADVANCED MOBILE CLANDESTINE LABORATORY TRAINING

TEAMS.—A program of advanced mobile clandestine laboratory

training teams, which shall provide information and training

to State and local law enforcement personnel in techniques

utilized in conducting undercover investigations and conspiracy

cases, and other information designed to assist in the investigation of the illegal manufacturing and trafficking of amphetamine and methamphetamine.

(2) BASIC CLANDESTINE LABORATORY CERTIFICATION

TRAINING.—A program of basic clandestine laboratory certification training, which shall provide information and training—

(A) to Drug Enforcement Administration personnel and

State and local law enforcement personnel for purposes

of enabling such personnel to meet any certification requirements under law with respect to the handling of wastes

created by illegal amphetamine and methamphetamine laboratories; and

(B) to State and local law enforcement personnel for

purposes of enabling such personnel to provide the information and training covered by subparagraph (A) to other

State and local law enforcement personnel.

(3) CLANDESTINE LABORATORY RECERTIFICATION AND

AWARENESS TRAINING.—A program of clandestine laboratory recertification and awareness training, which shall provide

information and training to State and local law enforcement

personnel for purposes of enabling such personnel to provide

recertification and awareness training relating to clandestine

laboratories to additional State and local law enforcement personnel.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for each of fiscal years 2000, 2001, and 2002

amounts as follows:

(1) $1,500,000 to carry out the program described in subsection (b)(1).

(2) $3,000,000 to carry out the program described in subsection (b)(2).

(3) $1,000,000 to carry out the program described in subsection (b)(3).

SEC. 3624. COMBATING METHAMPHETAMINE AND AMPHETAMINE IN

HIGH INTENSITY DRUG TRAFFICKING AREAS.

(a) IN GENERAL.—

(1) IN GENERAL.—The Director of National Drug Control

Policy shall use amounts available under this section to combat

the trafficking of methamphetamine and amphetamine in areas

designated by the Director as high intensity drug trafficking

areas.

(2) ACTIVITIES.—In meeting the requirement in paragraph

(1), the Director shall transfer funds to appropriate Federal,

State, and local governmental agencies for employing additional

21 USC 1706

note.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1233

Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel,

including agents, investigators, prosecutors, laboratory technicians, chemists, investigative assistants, and drug-prevention

specialists.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section—

(1) $15,000,000 for fiscal year 2000; and

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

2001 through 2004.

(c) APPORTIONMENT OF FUNDS.—

(1) FACTORS IN APPORTIONMENT.—The Director shall apportion amounts appropriated for a fiscal year pursuant to the

authorization of appropriations in subsection (b) for activities

under subsection (a) among and within areas designated by

the Director as high intensity drug trafficking areas based

on the following factors:

(A) The number of methamphetamine manufacturing

facilities and amphetamine manufacturing facilities discovered by Federal, State, or local law enforcement officials

in the previous fiscal year.

(B) The number of methamphetamine prosecutions and

amphetamine prosecutions in Federal, State, or local courts

in the previous fiscal year.

(C) The number of methamphetamine arrests and

amphetamine arrests by Federal, State, or local law

enforcement officials in the previous fiscal year.

(D) The amounts of methamphetamine, amphetamine,

or listed chemicals (as that term is defined in section

102(33) of the Controlled Substances Act (21 U.S.C.

802(33)) seized by Federal, State, or local law enforcement

officials in the previous fiscal year.

(E) Intelligence and predictive data from the Drug

Enforcement Administration and the Department of Health

and Human Services showing patterns and trends in abuse,

trafficking, and transportation in methamphetamine,

amphetamine, and listed chemicals (as that term is so

defined).

(2) CERTIFICATION.—Before the Director apportions any

funds under this subsection to a high intensity drug trafficking

area, the Director shall certify that the law enforcement entities

responsible for clandestine methamphetamine and amphetamine laboratory seizures in that area are providing laboratory

seizure data to the national clandestine laboratory database

at the El Paso Intelligence Center.

(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 5

percent of the amount appropriated in a fiscal year pursuant to

the authorization of appropriations for that fiscal year in subsection

(b) may be available in that fiscal year for administrative costs

associated with activities under subsection (a).

SEC. 3625. COMBATING AMPHETAMINE AND METHAMPHETAMINE

MANUFACTURING AND TRAFFICKING.

(a) ACTIVITIES.—In order to combat the illegal manufacturing

and trafficking in amphetamine and methamphetamine, the

Administrator of the Drug Enforcement Administration may—

21 USC 873 note.

114 STAT. 1234 PUBLIC LAW 106–310—OCT. 17, 2000

(1) assist State and local law enforcement in small and

mid-sized communities in all phases of investigations related

to such manufacturing and trafficking, including assistance

with foreign-language interpretation;

(2) staff additional regional enforcement and mobile

enforcement teams related to such manufacturing and trafficking;

(3) establish additional resident offices and posts of duty

to assist State and local law enforcement in rural areas in

combating such manufacturing and trafficking;

(4) provide the Special Operations Division of the Administration with additional agents and staff to collect, evaluate,

interpret, and disseminate critical intelligence targeting the

command and control operations of major amphetamine and

methamphetamine manufacturing and trafficking organizations;

(5) enhance the investigative and related functions of the

Chemical Control Program of the Administration to implement

more fully the provisions of the Comprehensive Methamphetamine Control Act of 1996 (Public Law 104–237);

(6) design an effective means of requiring an accurate

accounting of the import and export of list I chemicals, and

coordinate investigations relating to the diversion of such

chemicals;

(7) develop a computer infrastructure sufficient to receive,

process, analyze, and redistribute time-sensitive enforcement

information from suspicious order reporting to field offices of

the Administration and other law enforcement and regulatory

agencies, including the continuing development of the Suspicious Order Reporting and Tracking System (SORTS) and

the Chemical Transaction Database (CTRANS) of the Administration;

(8) establish an education, training, and communication

process in order to alert the industry to current trends and

emerging patterns in the illegal manufacturing of amphetamine

and methamphetamine; and

(9) carry out such other activities as the Administrator

considers appropriate.

(b) ADDITIONAL POSITIONS AND PERSONNEL.—

(1) IN GENERAL.—In carrying out activities under subsection (a), the Administrator may establish in the Administration not more than 50 full-time positions, including not more

than 31 special-agent positions, and may appoint personnel

to such positions.

(2) PARTICULAR POSITIONS.—In carrying out activities under

paragraphs (5) through (8) of subsection (a), the Administrator

may establish in the Administration not more than 15 fulltime positions, including not more than 10 diversion investigator positions, and may appoint personnel to such positions.

Any positions established under this paragraph are in addition

to any positions established under paragraph (1).

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for the Drug Enforcement Administration for

each fiscal year after fiscal year 1999, $9,500,000 for purposes

of carrying out the activities authorized by subsection (a) and

employing personnel in positions established under subsection (b),

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1235

of which $3,000,000 shall be available for activities under paragraphs (5) through (8) of subsection (a) and for employing personnel

in positions established under subsection (b)(2).

PART III—ABUSE PREVENTION AND

TREATMENT

SEC. 3631. EXPANSION OF METHAMPHETAMINE RESEARCH.

Section 464N of the Public Health Service Act (42 U.S.C. 285o–

2) is amended by adding at the end the following:

‘‘(c) METHAMPHETAMINE RESEARCH.—

‘‘(1) GRANTS OR COOPERATIVE AGREEMENTS.—The Director

of the Institute may make grants or enter into cooperative

agreements to expand the current and on-going interdisciplinary research and clinical trials with treatment centers of

the National Drug Abuse Treatment Clinical Trials Network

relating to methamphetamine abuse and addiction and other

biomedical, behavioral, and social issues related to methamphetamine abuse and addiction.

‘‘(2) USE OF FUNDS.—Amounts made available under a

grant or cooperative agreement under paragraph (1) for methamphetamine abuse and addiction may be used for research

and clinical trials relating to—

‘‘(A) the effects of methamphetamine abuse on the

human body, including the brain;

‘‘(B) the addictive nature of methamphetamine and

how such effects differ with respect to different individuals;

‘‘(C) the connection between methamphetamine abuse

and mental health;

‘‘(D) the identification and evaluation of the most effective methods of prevention of methamphetamine abuse and

addiction;

‘‘(E) the identification and development of the most

effective methods of treatment of methamphetamine addiction, including pharmacological treatments;

‘‘(F) risk factors for methamphetamine abuse;

‘‘(G) effects of methamphetamine abuse and addiction

on pregnant women and their fetuses; and

‘‘(H) cultural, social, behavioral, neurological and

psychological reasons that individuals abuse methamphetamine, or refrain from abusing methamphetamine.

‘‘(3) RESEARCH RESULTS.—The Director shall promptly

disseminate research results under this subsection to Federal,

State and local entities involved in combating methamphetamine abuse and addiction.

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(A) AUTHORIZATION OF APPROPRIATIONS.—There is

authorized to be appropriated to carry out paragraph (1),

such sums as may be necessary for each fiscal year.

‘‘(B) SUPPLEMENT NOT SUPPLANT.—Amounts appropriated pursuant to the authorization of appropriations

in subparagraph (A) for a fiscal year shall supplement

and not supplant any other amounts appropriated in such

fiscal year for research on methamphetamine abuse and

addiction.’’.

114 STAT. 1236 PUBLIC LAW 106–310—OCT. 17, 2000

SEC. 3632. METHAMPHETAMINE AND AMPHETAMINE TREATMENT INITIATIVE BY CENTER FOR SUBSTANCE ABUSE TREATMENT.

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

Act (42 U.S.C. 290bb et seq.) is amended by adding at the end

the following new section:

‘‘METHAMPHETAMINE AND AMPHETAMINE TREATMENT INITIATIVE

‘‘SEC. 514. (a) GRANTS.—

‘‘(1) AUTHORITY TO MAKE GRANTS.—The Director of the

Center for Substance Abuse Treatment may make grants to

States and Indian tribes recognized by the United States that

have a high rate, or have had a rapid increase, in methamphetamine or amphetamine abuse or addiction in order to permit

such States and Indian tribes to expand activities in connection

with the treatment of methamphetamine or amphetamine

abuser or addiction in the specific geographical areas of such

States or Indian tribes, as the case may be, where there is

such a rate or has been such an increase.

‘‘(2) RECIPIENTS.—Any grants under paragraph (1) shall

be directed to the substance abuse directors of the States,

and of the appropriate tribal government authorities of the

Indian tribes, selected by the Director to receive such grants.

‘‘(3) NATURE OF ACTIVITIES.—Any activities under a grant

under paragraph (1) shall be based on reliable scientific evidence of their efficacy in the treatment of methamphetamine

or amphetamine abuse or addiction.

‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director shall ensure that

grants under subsection (a) are distributed equitably among the

various regions of the country and among rural, urban, and suburban areas that are affected by methamphetamine or amphetamine

abuse or addiction.

‘‘(c) ADDITIONAL ACTIVITIES.—The Director shall—

‘‘(1) evaluate the activities supported by grants under subsection (a);

‘‘(2) disseminate widely such significant information derived

from the evaluation as the Director considers appropriate to

assist States, Indian tribes, and private providers of treatment

services for methamphetamine or amphetamine abuser or

addiction in the treatment of methamphetamine or amphetamine abuse or addiction; and

‘‘(3) provide States, Indian tribes, and such providers with

technical assistance in connection with the provision of such

treatment.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There are authorized to be appropriated

to carry out this section $10,000,000 for fiscal year 2000 and

such sums as may be necessary for each of fiscal years 2001

and 2002.

‘‘(2) USE OF CERTAIN FUNDS.—Of the funds appropriated

to carry out this section in any fiscal year, the lesser of 5

percent of such funds or $1,000,000 shall be available to the

Director for purposes of carrying out subsection (c).’’.

SEC. 3633. STUDY OF METHAMPHETAMINE TREATMENT.

(a) STUDY.—

42 USC 290bb–9.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1237

(1) REQUIREMENT.—The Secretary of Health and Human

Services shall, in consultation with the Institute of Medicine

of the National Academy of Sciences, conduct a study on the

development of medications for the treatment of addiction to

amphetamine and methamphetamine.

(2) REPORT.—Not later than 9 months after the date of

the enactment of this Act, the Secretary shall submit to the

Committees on the Judiciary of the Senate and House of Representatives a report on the results of the study conducted

under paragraph (1).

(b) AUTHORIZATION OF APPROPRIATIONS.—There are hereby

authorized to be appropriated for the Department of Health and

Human Services for fiscal year 2000 such sums as may be necessary

to meet the requirements of subsection (a).

PART IV—REPORTS

SEC. 3641. REPORTS ON CONSUMPTION OF METHAMPHETAMINE AND

OTHER ILLICIT DRUGS IN RURAL AREAS, METROPOLITAN

AREAS, AND CONSOLIDATED METROPOLITAN AREAS.

The Secretary of Health and Human Services shall include

in each National Household Survey on Drug Abuse appropriate

prevalence data and information on the consumption of methamphetamine and other illicit drugs in rural areas, metropolitan

areas, and consolidated metropolitan areas.

SEC. 3642. REPORT ON DIVERSION OF ORDINARY, OVER-THE-COUNTER

PSEUDOEPHEDRINE AND PHENYLPROPANOLAMINE

PRODUCTS.

(a) STUDY.—The Attorney General shall conduct a study of

the use of ordinary, over-the-counter pseudoephedrine and phenylpropanolamine products in the clandestine production of illicit

drugs. Sources of data for the study shall include the following:

(1) Information from Federal, State, and local clandestine

laboratory seizures and related investigations identifying the

source, type, or brand of drug products being utilized and

how they were obtained for the illicit production of methamphetamine and amphetamine.

(2) Information submitted voluntarily from the pharmaceutical and retail industries involved in the manufacture, distribution, and sale of drug products containing ephedrine,

pseudoephedrine, and phenylpropanolamine, including information on changes in the pattern, volume, or both, of sales of

ordinary, over-the-counter pseudoephedrine and phenylpropanolamine products.

(b) REPORT.—

(1) REQUIREMENT.—Not later than 1 year after the date

of the enactment of this Act, the Attorney General shall submit

to Congress a report on the study conducted under subsection

(a).

(2) ELEMENTS.—The report shall include—

(A) the findings of the Attorney General as a result

of the study; and

(B) such recommendations on the need to establish

additional measures to prevent diversion of ordinary, overthe-counter pseudoephedrine and phenylpropanolamine

(such as a threshold on ordinary, over-the-counter

Deadline.

21 USC 802 note.

42 USC 290aa–4

note.

Deadline.

114 STAT. 1238 PUBLIC LAW 106–310—OCT. 17, 2000

pseudoephedrine and phenylpropanolamine products) as

the Attorney General considers appropriate.

(3) MATTERS CONSIDERED.—In preparing the report, the

Attorney General shall consider the comments and recommendations including the comments on the Attorney General’s proposed findings and recommendations, of State and

local law enforcement and regulatory officials and of representatives of the industry described in subsection (a)(2).

(c) REGULATION OF RETAIL SALES.—

(1) IN GENERAL.—Notwithstanding section 401(d) of the

Comprehensive Methamphetamine Control Act of 1996 (21

U.S.C. 802 note) and subject to paragraph (2), the Attorney

General shall establish by regulation a single-transaction limit

of not less than 24 grams of ordinary, over-the-counter

pseudoephedrine or phenylpropanolamine (as the case may be)

for retail distributors, if the Attorney General finds, in the

report under subsection (b), that—

(A) there is a significant number of instances (as set

forth in paragraph (3)(A) of such section 401(d) for purposes

of such section) where ordinary, over-the-counter

pseudoephedrine products, phenylpropanolamine products,

or both such products that were purchased from retail

distributors were widely used in the clandestine production

of illicit drugs; and

(B) the best practical method of preventing such use

is the establishment of single-transaction limits for retail

distributors of either or both of such products.

(2) DUE PROCESS.—The Attorney General shall establish

the single-transaction limit under paragraph (1) only after

notice, comment, and an informal hearing.

Subtitle B—Controlled Substances

Generally

SEC. 3651. ENHANCED PUNISHMENT FOR TRAFFICKING IN LIST I

CHEMICALS.

(a) AMENDMENTS TO FEDERAL SENTENCING GUIDELINES.—

Pursuant to its authority under section 994(p) of title 28, United

States Code, the United States Sentencing Commission shall amend

the Federal sentencing guidelines in accordance with this section

with respect to any violation of paragraph (1) or (2) of section

401(d) of the Controlled Substances Act (21 U.S.C. 841(d)) involving

a list I chemical and any violation of paragraph (1) or (3) of

section 1010(d) of the Controlled Substance Import and Export

Act (21 U.S.C. 960(d)) involving a list I chemical.

(b) EPHEDRINE, PHENYLPROPANOLAMINE, AND

PSEUDOEPHEDRINE.—

(1) IN GENERAL.—In carrying this section, the United States

Sentencing Commission shall, with respect to each offense

described in subsection (a) involving ephedrine, phenylpropanolamine, or pseudoephedrine (including their salts,

optical isomers, and salts of optical isomers), review and amend

its guidelines to provide for increased penalties such that those

penalties corresponded to the quantity of controlled substance

that could reasonably have been manufactured using the

28 USC 994 note.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1239

quantity of ephedrine, phenylpropanolamine, or

pseudoephedrine possessed or distributed.

(2) CONVERSION RATIOS.—For the purposes of the amendments made by this subsection, the quantity of controlled substance that could reasonably have been manufactured shall

be determined by using a table of manufacturing conversion

ratios for ephedrine, phenylpropanolamine, and

pseudoephedrine, which table shall be established by the Sentencing Commission based on scientific, law enforcement, and

other data the Sentencing Commission considers appropriate.

(c) OTHER LIST I CHEMICALS.—In carrying this section, the

United States Sentencing Commission shall, with respect to each

offense described in subsection (a) involving any list I chemical

other than ephedrine, phenylpropanolamine, or pseudoephedrine,

review and amend its guidelines to provide for increased penalties

such that those penalties reflect the dangerous nature of such

offenses, the need for aggressive law enforcement action to fight

such offenses, and the extreme dangers associated with unlawful

activity involving methamphetamine and amphetamine, including—

(1) the rapidly growing incidence of controlled substance

manufacturing;

(2) the extreme danger inherent in manufacturing controlled substances;

(3) the threat to public safety posed by manufacturing

controlled substances; and

(4) the recent increase in the importation, possession, and

distribution of list I chemicals for the purpose of manufacturing

controlled substances.

(d) EMERGENCY AUTHORITY TO SENTENCING COMMISSION.—The

United States Sentencing Commission shall promulgate amendments pursuant to this section as soon as practicable after the

date of the enactment of this Act in accordance with the procedure

set forth in section 21(a) of the Sentencing Act of 1987 (Public

Law 100–182), as though the authority under that Act had not

expired.

SEC. 3652. MAIL ORDER REQUIREMENTS.

Section 310(b)(3) of the Controlled Substances Act (21 U.S.C.

830(b)(3)) is amended—

(1) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;

(2) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A):

‘‘(A) As used in this paragraph:

‘‘(i) The term ‘drug product’ means an active ingredient in dosage form that has been approved or otherwise may be lawfully marketed under the Food, Drug,

and Cosmetic Act for distribution in the United States.

‘‘(ii) The term ‘valid prescription’ means a prescription which is issued for a legitimate medical purpose

by an individual practitioner licensed by law to administer and prescribe the drugs concerned and acting

in the usual course of the practitioner’s professional

practice.’’;

(3) in subparagraph (B), as so redesignated, by inserting

‘‘or who engages in an export transaction’’ after ‘‘nonregulated

person’’; and

114 STAT. 1240 PUBLIC LAW 106–310—OCT. 17, 2000

(4) adding at the end the following:

‘‘(D) Except as provided in subparagraph (E), the following distributions to a nonregulated person, and the

following export transactions, shall not be subject to the

reporting requirement in subparagraph (B):

‘‘(i) Distributions of sample packages of drug products when such packages contain not more than two

solid dosage units or the equivalent of two dosage

units in liquid form, not to exceed 10 milliliters of

liquid per package, and not more than one package

is distributed to an individual or residential address

in any 30-day period.

‘‘(ii) Distributions of drug products by retail

distributors that may not include face-to-face transactions to the extent that such distributions are consistent with the activities authorized for a retail distributor as specified in section 102(46).

‘‘(iii) Distributions of drug products to a resident

of a long term care facility (as that term is defined

in regulations prescribed by the Attorney General) or

distributions of drug products to a long term care

facility for dispensing to or for use by a resident of

that facility.

‘‘(iv) Distributions of drug products pursuant to

a valid prescription.

‘‘(v) Exports which have been reported to the

Attorney General pursuant to section 1004 or 1018

or which are subject to a waiver granted under section

1018(e)(2).

‘‘(vi) Any quantity, method, or type of distribution

or any quantity, method, or type of distribution of

a specific listed chemical (including specific formulations or drug products) or of a group of listed chemicals

(including specific formulations or drug products)

which the Attorney General has excluded by regulation

from such reporting requirement on the basis that

such reporting is not necessary for the enforcement

of this title or title III.

‘‘(E) The Attorney General may revoke any or all of

the exemptions listed in subparagraph (D) for an individual

regulated person if he finds that drug products distributed

by the regulated person are being used in violation of

this title or title III. The regulated person shall be notified

of the revocation, which will be effective upon receipt by

the person of such notice, as provided in section 1018(c)(1),

and shall have the right to an expedited hearing as provided in section 1018(c)(2).’’.

SEC. 3653. THEFT AND TRANSPORTATION OF ANHYDROUS AMMONIA

FOR PURPOSES OF ILLICIT PRODUCTION OF CONTROLLED SUBSTANCES.

(a) IN GENERAL.—Part D of the Controlled Substances Act

(21 U.S.C. 841 et seq.) is amended by adding at the end the

following:

‘‘ANHYDROUS AMMONIA

21 USC 864. ‘‘SEC. 423. (a) It is unlawful for any person—

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1241

‘‘(1) to steal anhydrous ammonia, or

‘‘(2) to transport stolen anhydrous ammonia across State

lines,

knowing, intending, or having reasonable cause to believe that

such anhydrous ammonia will be used to manufacture a controlled

substance in violation of this part.

‘‘(b) Any person who violates subsection (a) shall be imprisoned

or fined, or both, in accordance with section 403(d) as if such

violation were a violation of a provision of section 403.’’.

(b) CLERICAL AMENDMENT.—The table of contents for that Act

is amended by inserting after the item relating to section 421

the following new items:

‘‘Sec. 422. Drug paraphernalia.

‘‘Sec. 423. Anhydrous ammonia.’’.

(c) ASSISTANCE FOR CERTAIN RESEARCH.— (1) AGREEMENT.—The Administrator of the Drug Enforcement Administration shall seek to enter into an agreement

with Iowa State University in order to permit the University

to continue and expand its current research into the development of inert agents that, when added to anhydrous ammonia,

eliminate the usefulness of anhydrous ammonia as an ingredient in the production of methamphetamine.

(2) REIMBURSABLE PROVISION OF FUNDS.—The agreement

under paragraph (1) may provide for the provision to Iowa

State University, on a reimbursable basis, of $500,000 for purposes the activities specified in that paragraph.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is hereby

authorized to be appropriated for the Drug Enforcement

Administration for fiscal year 2000, $500,000 for purposes of

carrying out the agreement under this subsection.

Subtitle C—Ecstasy AntiProliferationAct of

2000

SEC. 3661. SHORT TITLE.

This subtitle may be cited as the ‘‘Ecstasy Anti-Proliferation

Act of 2000’’.

SEC. 3662. FINDINGS.

Congress makes the following findings:

(1) The illegal importation of 3,4-methylenedioxy methamphetamine, commonly referred to as ‘‘MDMA’’ or ‘‘Ecstasy’’

(referred to in this subtitle as ‘‘Ecstasy’’), has increased in

recent years, as evidenced by the fact that Ecstasy seizures

by the United States Customs Service have increased from

less than 500,000 tablets during fiscal year 1997 to more than

9,000,000 tablets during the first 9 months of fiscal year 2000.

(2) Use of Ecstasy can cause long-lasting, and perhaps

permanent, damage to the serotonin system of the brain, which

is fundamental to the integration of information and emotion,

and this damage can cause long-term problems with learning

and memory.

(3) Due to the popularity and marketability of Ecstasy,

there are numerous Internet websites with information on the

effects of Ecstasy, the production of Ecstasy, and the locations

of Ecstasy use (often referred to as ‘‘raves’’). The availability

42 USC 290aa–

5b note.

42 USC 201 note.

Ecstasy AntiProliferation

Act of 2000.

114 STAT. 1242 PUBLIC LAW 106–310—OCT. 17, 2000

of this information targets the primary users of Ecstasy, who

are most often college students, young professionals, and other

young people from middle- to high-income families.

(4) Greater emphasis needs to be placed on—

(A) penalties associated with the manufacture, distribution, and use of Ecstasy;

(B) the education of young people on the negative

health effects of Ecstasy, since the reputation of Ecstasy

as a ‘‘safe’’ drug is the most dangerous component of

Ecstasy;

(C) the education of State and local law enforcement

agencies regarding the growing problem of Ecstasy trafficking across the United States;

(D) reducing the number of deaths caused by Ecstasy

use and the combined use of Ecstasy with other ‘‘club’’

drugs and alcohol; and

(E) adequate funding for research by the National

Institute on Drug Abuse to—

(i) identify those most vulnerable to using Ecstasy

and develop science-based prevention approaches tailored to the specific needs of individuals at high risk;

(ii) understand how Ecstasy produces its toxic

effects and how to reverse neurotoxic damage;

(iii) develop treatments, including new medications

and behavioral treatment approaches;

(iv) better understand the effects that Ecstasy has

on the developing children and adolescents; and

(v) translate research findings into useful tools

and ensure their effective dissemination.

SEC. 3663. ENHANCED PUNISHMENT OF ECSTASY TRAFFICKERS.

(a) AMENDMENT TO FEDERAL SENTENCING GUIDELINES.—Pursuant to its authority under section 994(p) of title 28, United States

Code, the United States Sentencing Commission (referred to in

this section as the ‘‘Commission’’) shall amend the Federal sentencing guidelines regarding any offense relating to the manufacture, importation, or exportation of, or trafficking in—

(1) 3,4-methylenedioxy methamphetamine;

(2) 3,4-methylenedioxy amphetamine;

(3) 3,4-methylenedioxy-N-ethylamphetamine;

(4) paramethoxymethamphetamine (PMA); or

(5) any other controlled substance, as determined by the

Commission in consultation with the Attorney General, that

is marketed as Ecstasy and that has either a chemical structure

substantially similar to that of 3,4-methylenedioxy methamphetamine or an effect on the central nervous system

substantially similar to or greater than that of 3,4-

methylenedioxy methamphetamine,

including an attempt or conspiracy to commit an offense described

in paragraph (1), (2), (3), (4), or (5) in violation of the Controlled

Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances

Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime

Drug Law Enforcement Act (46 U.S.C. 1901 et seq.).

(b) GENERAL REQUIREMENTS.—In carrying out this section, the

Commission shall, with respect to each offense described in subsection (a)—

28 USC 994 note.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1243

(1) review and amend the Federal sentencing guidelines

to provide for increased penalties such that those penalties

reflect the seriousness of these offenses and the need to deter

them; and

(2) take any other action the Commission considers to

be necessary to carry out this section.

(c) ADDITIONAL REQUIREMENTS.—In carrying out this section,

the Commission shall ensure that the Federal sentencing guidelines

for offenders convicted of offenses described in subsection (a)

reflect—

(1) the need for aggressive law enforcement action with

respect to offenses involving the controlled substances described

in subsection (a); and

(2) the dangers associated with unlawful activity involving

such substances, including—

(A) the rapidly growing incidence of abuse of the controlled substances described in subsection (a) and the threat

to public safety that such abuse poses;

(B) the recent increase in the illegal importation of

the controlled substances described in subsection (a);

(C) the young age at which children are beginning

to use the controlled substances described in subsection

(a);

(D) the fact that the controlled substances described

in subsection (a) are frequently marketed to youth;

(E) the large number of doses per gram of the controlled

substances described in subsection (a); and

(F) any other factor that the Commission determines

to be appropriate.

(d) SENSE OF THE CONGRESS.—It is the sense of the Congress

that—

(1) the base offense levels for Ecstasy are too low, particularly for high-level traffickers, and should be increased, such

that they are comparable to penalties for other drugs of abuse;

and

(2) based on the fact that importation of Ecstasy has surged

in the past few years, the traffickers are targeting the Nation’s

youth, and the use of Ecstasy among youth in the United

States is increasing even as other drug use among this population appears to be leveling off, the base offense levels for

importing and trafficking the controlled substances described

in subsection (a) should be increased.

(e) REPORT.—Not later than 60 days after the amendments

pursuant to this section have been promulgated, the Commission

shall—

(1) prepare a report describing the factors and information

considered by the Commission in promulgating amendments

pursuant to this section; and

(2) submit the report to—

(A) the Committee on the Judiciary, the Committee

on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate; and

(B) the Committee on the Judiciary, the Committee

on Commerce, and the Committee on Appropriations of

the House of Representatives.

Deadline.

114 STAT. 1244 PUBLIC LAW 106–310—OCT. 17, 2000

SEC. 3664. EMERGENCY AUTHORITY TO UNITED STATES SENTENCING

COMMISSION.

The United States Sentencing Commission shall promulgate

amendments under this subtitle as soon as practicable after the

date of the enactment of this Act in accordance with the procedure

set forth in section 21(a) of the Sentencing Act of 1987 (Public

Law 100–182), as though the authority under that Act had not

expired.

SEC. 3665. EXPANSION OF ECSTASY AND CLUB DRUGS ABUSE PREVENTION EFFORTS.

(a) PUBLIC HEALTH SERVICE ACT.—Part A of title V of the

Public Health Service Act (42 U.S.C. 290aa et seq.), as amended

by section 3306, is further amended by adding at the end the

following:

‘‘SEC. 506B. GRANTS FOR ECSTASY AND OTHER CLUB DRUGS ABUSE

PREVENTION.

‘‘(a) AUTHORITY.—The Administrator may make grants to, and

enter into contracts and cooperative agreements with, public and

nonprofit private entities to enable such entities—

‘‘(1) to carry out school-based programs concerning the dangers of the abuse of and addiction to 3,4-methylenedioxy methamphetamine, related drugs, and other drugs commonly

referred to as ‘club drugs’ using methods that are effective

and science-based, including initiatives that give students the

responsibility to create their own anti-drug abuse education

programs for their schools; and

‘‘(2) to carry out community-based abuse and addiction

prevention programs relating to 3,4-methylenedioxy methamphetamine, related drugs, and other club drugs that are

effective and science-based.

‘‘(b) USE OF FUNDS.—Amounts made available under a grant,

contract or cooperative agreement under subsection (a) shall be

used for planning, establishing, or administering prevention programs relating to 3,4-methylenedioxy methamphetamine, related

drugs, and other club drugs.

‘‘(c) USE OF FUNDS.—

‘‘(1) DISCRETIONARY FUNCTIONS.—Amounts provided to an

entity under this section may be used—

‘‘(A) to carry out school-based programs that are

focused on those districts with high or increasing rates

of abuse and addiction to 3,4-methylenedioxy methamphetamine, related drugs, and other club drugs and targeted

at populations that are most at risk to start abusing these

drugs;

‘‘(B) to carry out community-based prevention programs that are focused on those populations within the

community that are most at-risk for abuse of and addiction

to 3,4-methylenedioxy methamphetamine, related drugs,

and other club drugs;

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

appropriate prevention activities relating to 3,4-

methylenedioxy methamphetamine, related drugs, and

other club drugs;

‘‘(D) to train and educate State and local law enforcement officials, prevention and education officials, health

42 USC 290aa–

5b.

28 USC 994 note.

PUBLIC LAW 106–310—OCT. 17, 2000 114 STAT. 1245

professionals, members of community anti-drug coalitions

and parents on the signs of abuse of and addiction to

3,4-methylenedioxy methamphetamine, related drugs, and

other club drugs and the options for treatment and prevention;

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

activities related to the prevention of abuse of and addiction

to 3,4-methylenedioxy methamphetamine, related drugs,

and other club drugs;

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

activities relating to 3,4-methylenedioxy methamphetamine, related drugs, and other club drugs and reporting

and disseminating resulting information to the public; and

‘‘(G) for targeted pilot programs with evaluation components to encourage innovation and experimentation with

new methodologies.

‘‘(2) PRIORITY.—The Administrator shall give priority in

awarding grants under this section to rural and urban areas

that are experiencing a high rate or rapid increases in abuse

and addiction to 3,4-methylenedioxy methamphetamine, related

drugs, and other club drugs.

‘‘(d) ALLOCATION AND REPORT.—

‘‘(1) PREVENTION PROGRAM ALLOCATION.—Not less than

$500,000 of the amount appropriated in each fiscal year to

carry out this section shall be made available to the Administrator, acting in consultation with other Federal agencies, to

support and conduct periodic analyses and evaluations of effective prevention programs for abuse of and addiction to 3,4-

methylenedioxy methamphetamine, related drugs, and other

club drugs and the development of appropriate strategies for

disseminating information about and implementing such programs.

‘‘(2) REPORT.—The Administrator shall annually prepare

and submit to the Committee on Health, Education, Labor,

and Pensions, the Committee on the Judiciary, and the Committee on Appropriations of the Senate, and the Committee

on Commerce, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives, a

report containing the results of the analyses and evaluations

conducted under paragraph (1).

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section—

‘‘(1) $10,000,000 for fiscal year 2001; and

‘‘(2) such sums as may be necessary for each succeeding

fiscal year.’’.

Subtitle D—Miscellaneous

SEC. 3671. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET WEBSITES.

Not later than 90 days after the date of the enactment of

this Act, the head of each department, agency, and establishment

of the Federal Government shall, in consultation with the Director

Deadline.

21 USC 801 note.

114 STAT. 1246 PUBLIC LAW 106–310—OCT. 17, 2000

LEGISLATIVE HISTORY—H.R. 4365:

CONGRESSIONAL RECORD, Vol. 146 (2000):

May 9, considered and passed House.

Sept. 22, considered and passed Senate, amended.

Sept. 27, House concurred in Senate amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):

Oct. 17, Presidential statements.

Æ

of the Office of National Drug Control Policy, place antidrug messages on appropriate Internet websites controlled by such department, agency, or establishment which messages shall, where appropriate, contain an electronic hyperlink to the Internet website,

if any, of the Office.

SEC. 3672. REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES.

(a) REIMBURSEMENT AUTHORIZED.—The Attorney General,

acting through the Administrator of the Drug Enforcement Administration, may reimburse States, units of local government, Indian

tribal governments, other public entities, and multi-jurisdictional

or regional consortia thereof for expenses incurred to clean up

and safely dispose of substances associated with clandestine methamphetamine laboratories which may present a danger to public

health or the environment.

(b) ADDITIONAL DEA PERSONNEL.—From amounts appropriated

or otherwise made available to carry out this section, the Attorney

General may hire not more than five additional Drug Enforcement

Administration personnel to administer this section.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Attorney General to carry out this section

$20,000,000 for fiscal year 2001.

SEC. 3673. SEVERABILITY.

Any provision of this title held to be invalid or unenforceable

by its terms, or as applied to any person or circumstance, shall

be construed as to give the maximum effect permitted by law,

unless such provision is held to be utterly invalid or unenforceable,

in which event such provision shall be severed from this title

and shall not affect the applicability of the remainder of this title,

or of such provision, to other persons not similarly situated or

to other, dissimilar circumstances.

Approved October 17, 2000.

21 USC 801 note.

21 USC 886 note.