II

106TH CONGRESS

1ST SESSION S. 976

To amend title V of the Public Health Service Act to focus the authority

of the Substance Abuse and Mental Health Services Administration on

community-based services for children and adolescents, to enhance flexibility and accountability, to establish programs for youth treatment,

and to respond to crises, especially those related to children and violence.

IN THE SENATE OF THE UNITED STATES

MAY 6, 1999

Mr. FRIST (for himself, Mr. KENNEDY, Mr. JEFFORDS, Mr. DODD, Mr.

DEWINE, Ms. MIKULSKI, and Ms. COLLINS) introduced the following bill;

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend title V of the Public Health Service Act to focus

the authority of the Substance Abuse and Mental Health

Services Administration on community-based services for

children and adolescents, to enhance flexibility and accountability, to establish programs for youth treatment,

and to respond to crises, especially those related to children and violence.

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

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

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

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

5 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—PROVISIONS RELATING TO SERVICES FOR CHILDREN

AND ADOLESCENTS

Sec. 101. Children and violence.

Sec. 102. Mental health services for violence related stress.

Sec. 103. Emergency response.

Sec. 104. High risk youth reauthorization.

Sec. 105. Treatment for children and adolescents.

Sec. 106. Comprehensive community services for children with serious emotional disturbance.

Sec. 107. Services for children of substance abusers.

Sec. 108. General provisions.

TITLE II—PROVISIONS RELATING TO MENTAL HEALTH

Sec. 201. Priority mental health needs of regional and national significance.

Sec. 202. Reauthorization of grants for the benefit of homeless individuals.

Sec. 203. Projects for assistance in transition from homelessness.

Sec. 204. Community mental health services performance partnership block

grant.

Sec. 205. Determination of allotment.

Sec. 206. Protection and Advocacy for Mentally Ill Individuals Act of 1986.

TITLE III—PROVISIONS RELATING TO SUBSTANCE ABUSE

Sec. 301. Priority substance abuse treatment needs of regional and national

significance.

Sec. 302. Priority substance abuse prevention needs of regional and national

significance.

Sec. 303. Substance abuse prevention and treatment performance partnership

block grant.

Sec. 304. Determination of allotments.

TITLE IV—PROVISIONS RELATING TO FLEXIBILITY AND

ACCOUNTABILITY

Sec. 401. General authorities and peer review.

Sec. 402. Advisory councils.

Sec. 403. General provisions for the performance partnership block grants.

Sec. 404. Data infrastructure projects.

Sec. 405. Repeal of obsolete addict referral provisions.
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1 TITLE I—PROVISIONS RELATING

2 TO SERVICES FOR CHILDREN

3 AND ADOLESCENTS

4 SEC. 101. CHILDREN AND VIOLENCE.

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

6 290aa et seq.) is amended by adding at the end the fol7 lowing:

8 ‘‘PART G—PROJECTS FOR CHILDREN AND VIOLENCE

9 ‘‘SEC. 581. CHILDREN AND VIOLENCE.

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

11 with the Secretary of Education and the Attorney General,

12 shall carry out directly or through grants, contracts or co13 operative agreements with public entities a program to as14 sist local communities in developing ways to assist children

15 in dealing with violence.

16 ‘‘(b) ACTIVITIES.—Under the program under sub17 section (a), the Secretary may—

18 ‘‘(1) provide financial support to enable local

19 communities to implement programs to foster the

20 health and development of children;

21 ‘‘(2) provide technical assistance to local com22 munities with respect to the development of pro23 grams described in paragraph (1);
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1 ‘‘(3) provide assistance to local communities in

2 the development of policies to address violence when

3 and if it occurs; and

4 ‘‘(4) assist in the creation of community part5 nerships among law enforcement, education systems

6 and mental health and substance abuse service sys7 tems.

8 ‘‘(c) REQUIREMENTS.—An application for a grant,

9 contract or cooperative agreement under subsection (a)

10 shall demonstrate that—

11 ‘‘(1) the applicant will use amounts received to

12 create a partnership described in subsection (b)(4)

13 to address issues of violence in schools;

14 ‘‘(2) the activities carried out by the applicant

15 will provide a comprehensive method for addressing

16 violence, that will include—

17 ‘‘(A) security;

18 ‘‘(B) educational reform;

19 ‘‘(C) the review and updating of school

20 policies;

21 ‘‘(D) alcohol and drug abuse prevention

22 and early intervention services;

23 ‘‘(E) mental health prevention and treat24 ment services; and
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1 ‘‘(F) early childhood development and psy2 chosocial services; and

3 ‘‘(3) the applicant with use amounts received

4 only for the services described in subparagraphs (D),

5 (E), and (F) of paragraph (2).

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

7 shall ensure that grants, contracts or cooperative agree8 ments under subsection (a) will be distributed equitably

9 among the regions of the country and among urban and

10 rural areas.

11 ‘‘(e) DURATION OF AWARDS.—With respect to a

12 grant, contract or cooperative agreement under subsection

13 (a), the period during which payments under such an

14 award will be made to the recipient may not exceed 5

15 years.

16 ‘‘(f) EVALUATION.—The Secretary shall conduct an

17 evaluation of each project carried out under this section

18 and shall disseminate the results of such evaluations to

19 appropriate public and private entities.

20 ‘‘(g) INFORMATION AND EDUCATION.—The Sec21 retary shall establish comprehensive information and edu22 cation programs to disseminate the findings of the knowl23 edge development and application under this section to the

24 general public and to health care professionals.
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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

2 is authorized to be appropriated to carry out this section,

3 $100,000,000 for fiscal year 2000, and such sums as may

4 be necessary for each of fiscal years 2001 and 2002.’’.

5 SEC. 102. MENTAL HEALTH SERVICES FOR VIOLENCE RE6 LATED STRESS.

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

8 (as added by section 101) is amended by adding at the

9 end the following:

10 ‘‘SEC. 582. GRANTS TO ADDRESS THE PROBLEMS OF PER11 SONS WHO EXPERIENCE VIOLENCE RELATED

12 STRESS.

13 ‘‘(a) IN GENERAL.—The Secretary shall award

14 grants, contracts or cooperative agreements to public and

15 non-profit private entities, as well as to Indian tribes and

16 tribal organizations, for the purpose of establishing a na17 tional and regional centers of excellence on psychological

18 trauma response and for developing knowledge with re19 gard to evidence-based practices for treating psychiatric

20 disorders resulting from witnessing or experiencing such

21 stress.

22 ‘‘(b) PRIORITIES.—In awarding grants, contracts or

23 cooperative agreements under subsection (a) related to the

24 development of knowledge on evidence-based practices for

25 treating disorders associated with psychological trauma,
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1 the Secretary shall give priority to programs that work

2 with children, adolescents, adults, and families who are

3 survivors and witnesses of domestic, school and commu4 nity violence and terrorism.

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

6 shall ensure that grants, contracts or cooperative agree7 ments under subsection (a) with respect to centers of ex8 cellence are distributed equitably among the regions of the

9 country and among urban and rural areas.

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

11 application process, shall require that each applicant for

12 a grant, contract or cooperative agreement under sub13 section (a) submit a plan for the rigorous evaluation of

14 the activities funded under the grant, contract or agree15 ment, including both process and outcomes evaluation,

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

17 project period.

18 ‘‘(e) DURATION OF AWARDS.—With respect to a

19 grant, contract or cooperative agreement under subsection

20 (a), the period during which payments under such an

21 award will be made to the recipient may not exceed 5

22 years. Such grants, contracts or agreements may be re23 newed.

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

25 is authorized to be appropriated to carry out this section,
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1 $50,000,000 for fiscal year 2000, and such sums as may

2 be necessary for each of fiscal years 2001 and 2002.’’.

3 SEC. 103. EMERGENCY RESPONSE.

4 Section 501 of the Public Health Service Act (42

5 U.S.C. 290aa) is amended—

6 (1) by redesignating subsection (m) as sub7 section (o);

8 (2) by inserting after subsection (l) the fol9 lowing:

10 ‘‘(m) EMERGENCY RESPONSE.—

11 ‘‘(1) IN GENERAL.—Notwithstanding section

12 504 and except as provided in paragraph (2), the

13 Secretary may use not to exceed 3 percent of all

14 amounts appropriated under this title for a fiscal

15 year to make noncompetitive grants, contracts or co16 operative agreements to public entities to enable

17 such entities to address emergency substance abuse

18 or mental health needs in local communities.

19 ‘‘(2) EXCEPTIONS.—Amounts appropriated

20 under part C shall not be subject to paragraph (1).

21 ‘‘(3) EMERGENCIES.—The Secretary shall es22 tablish criteria for determining that a substance

23 abuse or mental health emergency exists and publish

24 such criteria in the Federal Register prior to pro25 viding funds under this subsection.’’; and
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1 (3) in subsection (o) (as so redesignated), by

2 striking ‘‘1993’’ and all that follows through the pe3 riod and inserting ‘‘2000, and such sums as may be

4 necessary for each of the fiscal years 2001 and

5 2002.’’.

6 SEC. 104. HIGH RISK YOUTH REAUTHORIZATION.

7 Section 517(h) of the Public Health Service Act (42

8 U.S.C. 290bb–23(h)) is amended by striking

9 ‘‘$70,000,000’’ and all that follows through ‘‘1994’’ and

10 inserting ‘‘such sums as may be necessary for each of the

11 fiscal years 2000 through 2002’’.

12 SEC. 105. TREATMENT FOR CHILDREN AND ADOLESCENTS.

13 Section 509 of the Public Health Service Act (42

14 U.S.C. 290bb–2) is amended to read as follows:

15 ‘‘SEC. 509. TREATMENT FOR CHILDREN AND ADOLESCENTS.

16 ‘‘(a) IN GENERAL.—The Secretary shall carry out,

17 directly or through grants, contracts or cooperative agree18 ments to public and non-profit private entities, including

19 Indian tribes and tribal organizations, projects to provide

20 substance abuse and mental health treatment for children

21 and adolescents.

22 ‘‘(b) PRIORITY.—In making grants, contracts or co23 operative agreements under subsection (a), the Secretary

24 shall give priority to projects that focus only on children

25 and adolescents and that incorporate evidence-based prac-
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1 tices in the prevention and treatment of mental health and

2 substance abuse disorders.

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

4 shall ensure that grants, contracts or cooperative agree5 ments under subsection (a) will be distributed equitably

6 among the regions of the country and among urban and

7 rural areas.

8 ‘‘(d) DURATION OF AWARDS.—With respect to a

9 grant, contract or cooperative agreement under subsection

10 (a), the period during which payments under such an

11 award will be made to the recipient may not exceed 5

12 years.

13 ‘‘(e) EVALUATION.—The Secretary shall conduct an

14 evaluation of each project carried out under this section.

15 ‘‘(f) INFORMATION AND EDUCATION.—The Secretary

16 shall establish comprehensive information and education

17 programs to disseminate the findings of the knowledge de18 velopment and application under this section to the gen19 eral public and to health professionals.

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

21 is authorized to be appropriated to carry out this section,

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

23 2000 through 2002.’’.
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1 SEC. 106. COMPREHENSIVE COMMUNITY SERVICES FOR

2 CHILDREN WITH SERIOUS EMOTIONAL DIS3 TURBANCE.

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

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

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

7 sixth’’.

8 (b) FLEXIBILITY FOR INDIAN TRIBES AND TERRI9 TORIES.—Section 562 of the Public Health Service Act

10 (42 U.S.C. 290ff–1) is amended by adding at the end the

11 following:

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

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

14 that is an Indian Tribe or tribal organization, or American

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

16 of Micronesia, the Commonwealth of the Northern Mar17 iana Islands, the Republic of Palau, or the United States

18 Virgin Islands if the Secretary determines, after peer re19 view, that the system of care is family-centered and uses

20 the least restrictive environment that is clinically appro21 priate.’’.

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

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

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

25 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

26 565(f)(1) of the Public Health Service Act (42 U.S.C.
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1 290ff–4(f)(1)) is amended by striking ‘‘1993’’ and all that

2 follows and inserting ‘‘2000, and such sums as may be

3 necessary for each of the fiscal years 2001 and 2002.’’.

4 (e) CURRENT GRANTEES.—

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

6 under section 561 of the Public Health Service Act

7 (42 U.S.C. 290ff) on the date of enactment of this

8 Act shall be eligible to receive a 6th year of funding

9 under the grant in an amount not to exceed the

10 amount that such grantee received in the 5th year

11 of funding under such grant. Such 6th year may be

12 funded without requiring peer and Advisory Council

13 review as required under section 504 of such Act (42

14 U.S.C. 290aa–3).

15 (2) LIMITATION.—Paragraph (1) shall apply

16 with respect to a grantee only if the grantee agrees

17 to comply with the provisions of section 561 as

18 amended by subsection (a).

19 SEC. 107. SERVICES FOR CHILDREN OF SUBSTANCE ABUS20 ERS.

21 (a) ADMINISTRATION AND ACTIVITIES.—

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

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

24 amended—
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1 (A) in paragraph (1), by striking ‘‘Admin2 istrator’’ and all that follows through ‘‘Adminis3 tration’’ and insert ‘‘Administrator of the Sub4 stance Abuse and Mental Health Services Ad5 ministration’’; and

6 (B) in paragraph (2), by striking ‘‘Admin7 istrator of the Substance Abuse and Mental

8 Health Services Administration’’ and inserting

9 ‘‘Administrator of the Health Resources and

10 Services Administration’’.

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

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

13 amended—

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

15 ‘‘and’’ at the end;

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

17 period and inserting the following: ‘‘through

18 youth service agencies, family social services,

19 child care providers, Head Start, schools and

20 after-school programs, early childhood develop21 ment programs, community-based family re22 source and support centers, the criminal justice

23 system, health, substance abuse and mental

24 health providers through screenings conducted

25 during regular childhood examinations and
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1 other examinations, self and family member re2 ferrals, substance abuse treatment services, and

3 other providers of services to children and fami4 lies; and’’; and

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

6 ‘‘(D) to provide education and training to

7 health, substance abuse and mental health pro8 fessionals, and other providers of services to

9 children and families through youth service

10 agencies, family social services, child care, Head

11 Start, schools and after-school programs, early

12 childhood development programs, community13 based family resource and support centers, the

14 criminal justice system, and other providers of

15 services to children and families.’’.

16 (3) IDENTIFICATION OF CERTAIN CHILDREN.—

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

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

19 (A) in clause (i), by striking ‘‘(i) the enti20 ty’’ and inserting ‘‘(i)(I) the entity’’;

21 (B) in clause (ii)—

22 (i) by striking ‘‘(ii) the entity’’ and in23 serting ‘‘(II) the entity’’; and

24 (ii) by striking the period and insert25 ing ‘‘; and’’; and
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1 (C) by adding at the end the following:

2 ‘‘(ii) the entity will identify children

3 who may be eligible for medical assistance

4 under a State program under title XIX or

5 XXI of the Social Security Act.’’.

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

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

8 amended—

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

10 drug,’’ after ‘‘psychological,’’;

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

12 following:

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

14 and alcohol early intervention, treatment and pre15 vention services.’’; and

16 (3) by inserting after paragraph (8), the fol17 lowing:

18 ‘‘Services shall be provided under paragraphs (2) through

19 (8) by a public health nurse, social worker, or similar pro20 fessional, or by a trained worker from the community who

21 is supervised by a professional, or by an entity, where the

22 professional or entity provides assurances that the profes23 sional or entity is licensed or certified by the State if re24 quired and is complying with applicable licensure or cer25 tification requirements.’’.
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1 (c) SERVICES FOR AFFECTED FAMILIES.—Section

2 399D(c) of the Public Health Service Act (42 U.S.C.

3 280d(c)) is amended—

4 (1) in paragraph (1)—

5 (A) in the matter preceding subparagraph

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

7 ‘‘, or by an entity, where the professional or en8 tity provides assurances that the professional or

9 entity is licensed or certified by the State if re10 quired and is complying with applicable licen11 sure or certification requirements’’; and

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

13 ‘‘(D) Aggressive outreach to family mem14 bers with substance abuse problems.

15 ‘‘(E) Inclusion of consumer in the develop16 ment, implementation, and monitoring of Fam17 ily Services Plan.’’;

18 (2) in paragraph (2)—

19 (A) by striking subparagraph (A) and in20 serting the following:

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

22 including screening and assessment, diagnosis,

23 detoxification, individual, group and family

24 counseling, relapse prevention,
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1 pharmacotherapy treatment, after-care services,

2 and case management.’’;

3 (B) in subparagraph (C), by striking ‘‘, in4 cluding educational and career planning’’ and

5 inserting ‘‘and counseling on the human im6 munodeficiency virus and acquired immune de7 ficiency syndrome’’;

8 (C) in subparagraph (D), by striking ‘‘con9 flict and’’; and

10 (D) in subparagraph (E), by striking ‘‘Re11 medial’’ and inserting ‘‘Career planning and’’;

12 and

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

14 include child abuse and neglect prevention tech15 niques’’ before the period.

16 (d) ELIGIBLE ENTITIES.—Section 399D(d) of the

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

18 amended—

19 (1) by striking the matter preceding paragraph

20 (1) and inserting:

21 ‘‘(d) ELIGIBLE ENTITIES.—The Secretary shall dis22 tribute the grants through the following types of entities:’’;

23 (2) in paragraph (1), by striking ‘‘drug treat24 ment’’ and inserting ‘‘drug early intervention, pre25 vention or treatment; and
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1 (3) in paragraph (2)—

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

3 and’’ and inserting ‘‘; or’’; and

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

5 pediatric health or mental health providers and

6 family mental health providers’’ before the pe7 riod.

8 (e) SUBMISSION OF INFORMATION.—Section

9 399D(h) of the Public Health Service Act (42 U.S.C.

10 280d(h)) is amended—

11 (1) in paragraph (2)—

12 (A) by inserting ‘‘including maternal and

13 child health’’ before ‘‘mental’’;

14 (B) by striking ‘‘treatment programs’’; and

15 (C) by striking ‘‘and the State agency re16 sponsible for administering public maternal and

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

18 agency responsible for administering alcohol

19 and drug programs, the State lead agency, and

20 the State Interagency Coordinating Council

21 under part H of the Individuals with Disabil22 ities Education Act; and’’; and

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

24 paragraph (4) as paragraph (3).
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1 (f) REPORTS TO THE SECRETARY.—Section

2 399D(i)(6) of the Public Health Service Act (42 U.S.C.

3 280d(i)(6)) is amended—

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

5 the end; and

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

7 and inserting the following:

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

9 professionals trained to identify and address

10 substance abuse issues.’’.

11 (g) EVALUATIONS.—Section 399D(l) of the Public

12 Health Service Act (42 U.S.C. 280d(l)) is amended—

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

14 end;

15 (2) in paragraph (4), by striking the semicolon

16 and inserting the following: ‘‘, including increased

17 participation in work or employment-related activi18 ties and decreased participation in welfare pro19 grams.’’; and

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

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

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

23 amended—

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

25 end;
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1 (2) in paragraph (3)—

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

3 at the end;

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

5 semicolon and inserting a period; and

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

7 and (E); and

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

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

10 Public Health Service Act (42 U.S.C. 280d(n)) is amend11 ed by adding at the end the following: ‘‘The periodic report

12 shall include a quantitative estimate of the prevalence of

13 alcohol and drug problems in families involved in the child

14 welfare system, the barriers to treatment and prevention

15 services facing these families, and policy recommendations

16 for removing the identified barriers, including training for

17 child welfare workers.’’.

18 (j) DEFINITION.—Section 399D(o)(2)(B) of the Pub19 lic Health Service Act (42 U.S.C. 280d(o)(2)(B)) is

20 amended by striking ‘‘dangerous’’.

21 (k) AUTHORIZATION OF APPROPRIATIONS.—Section

22 399D(p) of the Public Health Service Act (42 U.S.C.

23 280d(p)) is amended to read as follows:

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

25 purpose of carrying out this section, there are authorized
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1 to be appropriated $50,000,000 for fiscal year 2000, and

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

3 2001 and 2002.’’.

4 (l) GRANTS FOR TRAINING AND CONFORMING

5 AMENDMENTS.—Section 399D of the Public Health Serv6 ice Act (42 U.S.C. 280d) is amended—

7 (1) by striking subsection (f);

8 (2) by striking subsection (k);

9 (3) by redesignating subsections (d), (e), (g),

10 (h), (i), (j), (l), (m), (n), (o), and (p) as subsections

11 (e) through (o), respectively;

12 (4) by inserting after subsection (c), the fol13 lowing:

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

15 CHILDREN AND FAMILIES.—The Secretary may make a

16 grant under subsection (a) for the training of health, sub17 stance abuse and mental health professionals and other

18 providers of services to children and families through

19 youth service agencies, family social services, child care

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

21 early childhood development programs, community-based

22 family resource centers, the criminal justice system, and

23 other providers of services to children and families. Such

24 training shall be to assist professionals in recognizing the

25 drug and alcohol problems of their clients and to enhance
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1 their skills in identifying and understanding the nature of

2 substance abuse, and obtaining substance abuse early

3 intervention, prevention and treatment resources.’’;

4 (5) in subsection (k)(2) (as so redesignated), by

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

6 (6) in paragraphs (3)(E) and (5) of subsection

7 (m) (as so redesignated), by striking ‘‘(d)’’ and in8 serting ‘‘(e)’’.

9 SEC. 108. GENERAL PROVISIONS.

10 (a) DUTIES OF THE CENTER FOR SUBSTANCE ABUSE

11 TREATMENT.—Section 507(b) of the Public Health Serv12 ice Act (42 U.S.C. 290bb(b)) is amended—

13 (1) by redesignating paragraphs (2) through

14 (12) as paragraphs (3) through (13), respectively;

15 and

16 (2) by inserting after paragraph (1), the fol17 lowing:

18 ‘‘(2) ensure that emphasis is placed on children

19 and adolescents in the development of treatment

20 programs;’’.

21 (b) DUTIES OF THE OFFICE FOR SUBSTANCE ABUSE

22 PREVENTION.—Section 515(b)(9) of the Public Health

23 Service Act (42 U.S.C. 290bb–2(b)(9)) is amended by

24 striking ‘‘public concerning’’ and inserting ‘‘public, espe25 cially adolescent audiences, concerning’’.
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1 (c) DUTIES OF THE CENTER FOR MENTAL HEALTH

2 SERVICES.—Section 520(b) of the Public Health Service

3 Act (42 U.S.C. 290bb–3(b)) is amended—

4 (1) by redesignating paragraphs (3) through

5 (14) as paragraphs (4) through (15), respectively;

6 and

7 (2) by inserting after paragraph (2), the fol8 lowing:

9 ‘‘(3) collaborate with the Department of Edu10 cation and the Department of Justice to develop

11 programs to assist local communities in addressing

12 violence among children and adolescents;’’.

13 TITLE II—PROVISIONS

14 RELATING TO MENTAL HEALTH

15 SEC. 201. PRIORITY MENTAL HEALTH NEEDS OF REGIONAL

16 AND NATIONAL SIGNIFICANCE.

17 (a) IN GENERAL.—Section 520A of the Public

18 Health Service Act (42 U.S.C. 290bb–32) is amended to

19 read as follows:

20 ‘‘SEC. 520A. PRIORITY MENTAL HEALTH NEEDS OF RE21 GIONAL AND NATIONAL SIGNIFICANCE.

22 ‘‘(a) PROJECTS.—The Secretary shall address pri23 ority mental health needs of regional and national signifi24 cance (as determined under subsection (b)) through the

25 provision of or through assistance for—
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1 ‘‘(1) knowledge development and application

2 projects for prevention, treatment, and rehabilita3 tion, and the conduct or support of evaluations of

4 such projects;

5 ‘‘(2) training and technical assistance pro6 grams;

7 ‘‘(3) targeted capacity response programs; and

8 ‘‘(4) systems change grants including statewide

9 family network grants and client-oriented and con10 sumer run self-help activities.

11 The Secretary may carry out the activities described in

12 this subsection directly or through grants, contracts, or

13 cooperative agreements with States, political subdivisions

14 of States, Indian tribes and tribal organizations, other

15 public or private nonprofit entities.

16 ‘‘(b) PRIORITY MENTAL HEALTH NEEDS.—Priority

17 mental health needs of regional and national significance

18 shall be determined by the Secretary in consultation with

19 States and other interested groups. The Secretary shall

20 meet with the States and interested groups on an annual

21 basis to discuss program priorities.

22 ‘‘(c) REQUIREMENTS.—

23 ‘‘(1) IN GENERAL.—Recipients of grants, con24 tracts, and cooperative agreements under this sec25 tion shall comply with information and application
25

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1 requirements determined appropriate by the Sec2 retary.

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

4 grant, contract, or cooperative agreement awarded

5 under this section, the period during which pay6 ments under such award are made to the recipient

7 may not exceed 5 years.

8 ‘‘(3) MATCHING FUNDS.—The Secretary may,

9 for projects carried out under subsection (a), require

10 that entities that apply for grants, contracts, or co11 operative agreements under this section provide non12 Federal matching funds, as determined appropriate

13 by the Secretary, to ensure the institutional commit14 ment of the entity to the projects funded under the

15 grant, contract, or cooperative agreement. Such non16 Federal matching funds may be provided directly or

17 through donations from public or private entities

18 and may be in cash or in kind, fairly evaluated, in19 cluding plant, equipment, or services.

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

21 to activities for which a grant, contract or coopera22 tive agreement is awarded under this section, the

23 Secretary may require that recipients for specific

24 projects under subsection (a) agree to maintain ex25 penditures of non-Federal amounts for such activi-
26

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1 ties at a level that is not less than the level of such

2 expenditures maintained by the entity for the fiscal

3 year preceding the fiscal year for which the entity

4 receives such a grant, contract, or cooperative agree5 ment.

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

7 each project carried out under subsection (a)(1) and shall

8 disseminate the findings with respect to each such evalua9 tion to appropriate public and private entities.

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

11 shall establish information and education programs to dis12 seminate and apply the findings of the knowledge develop13 ment and application, training, and technical assistance

14 programs, and targeted capacity response programs,

15 under this section to the general public, to health care pro16 fessionals, and to interested groups. The Secretary shall

17 make every effort to provide linkages between the findings

18 of supported projects and State agencies responsible for

19 carrying out mental health services.

20 ‘‘(f) AUTHORIZATION OF APPROPRIATION.—

21 ‘‘(1) IN GENERAL.—There are authorized to be

22 appropriated to carry out this section, $300,000,000

23 for fiscal year 2000, and such sums as may be nec24 essary for each of the fiscal years 2001 and 2002.
27

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1 ‘‘(2) DATA INFRASTRUCTURE.—If amounts are

2 not appropriated for a fiscal year to carry out sec3 tion 1971 with respect to mental health, then the

4 Secretary shall make available, from the amounts

5 appropriated for such fiscal year under paragraph

6 (1), an amount equal to the sum of $6,000,000 and

7 10 percent of all amounts appropriated for such fis8 cal year under such paragraph in excess of

9 $100,000,000, to carry out such section 1971.’’.

10 (b) CONFORMING AMENDMENTS.—

11 (1) Section 303 of the Public Health Service

12 Act (42 U.S.C. 242a) is repealed.

13 (2) Section 520B of the Public Health Service

14 Act (42 U.S.C. 290bb–33) is repealed.

15 (3) Section 612 of the Stewart B. McKinney

16 Homeless Assistance Act (42 U.S.C. 290aa–3 note)

17 is repealed.

18 SEC. 202. REAUTHORIZATION OF GRANTS FOR THE BEN19 EFIT OF HOMELESS INDIVIDUALS.

20 Section 506(e) of the Public Health Service Act (42

21 U.S.C. 290aa–5(e)) is amended by striking ‘‘for fiscal year

22 1994’’ and inserting ‘‘for each of fiscal years 1994

23 through 2002’’.
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1 SEC. 203. PROJECTS FOR ASSISTANCE IN TRANSITION

2 FROM HOMELESSNESS.

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

4 Public Health Service Act (42 U.S.C. 290cc–22) is amend5 ed by adding at the end the following:

6 ‘‘(i) WAIVER FOR TERRITORIES.—With respect to the

7 United States Virgin Islands, Guam, American Samoa,

8 Palau, the Marshall Islands, and the Commonwealth of

9 the Northern Mariana Islands, the Secretary may waive

10 the provisions of this part that the Secretary determines

11 to be appropriate.’’.

12 (b) AUTHORIZATION OF APPROPRIATION.—Section

13 535(a) of the Public Health Service Act (42 U.S.C.

14 290cc–35(a)) is amended by striking ‘‘1991 through

15 1994’’ and inserting ‘‘2000 through 2002’’.

16 SEC. 204. COMMUNITY MENTAL HEALTH SERVICES PER17 FORMANCE PARTNERSHIP BLOCK GRANT.

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

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

20 amended by striking paragraphs (1) through (12) and in21 serting the following:

22 ‘‘(1) COMPREHENSIVE COMMUNITY-BASED MEN23 TAL HEALTH SYSTEMS.—The plan provides for an

24 organized community-based system of care for indi25 viduals with mental illness and describes available

26 services and resources in a comprehensive system of
29

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1 care, including services for dually diagnosed individ2 uals. The description of the system of care shall in3 clude health and mental health services, rehabilita4 tion services, employment services, housing services,

5 educational services, substance abuse services, med6 ical and dental care, and other support services to

7 be provided to individuals with Federal, State and

8 local public and private resources to enable such in9 dividuals to function outside of inpatient or residen10 tial institutions to the maximum extent of their ca11 pabilities, including services to be provided by local

12 school systems under the Individuals with Disabil13 ities Education Act. The plan shall include a sepa14 rate description of case management services and

15 provide for activities leading to reduction of hos16 pitalization.

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

19 incidence and prevalence in the State of serious

20 mental illness among adults and serious emotional

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

23 of the system described in paragraph (1).
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1 ‘‘(3) CHILDREN’S SERVICES.—In the case of

2 children with serious emotional disturbance, the

3 plan—

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

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

8 and mental health services, will be provided in

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

11 include services provided under the Individuals

12 with Disabilities Education Act);

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

14 1911 for the fiscal year involved will not be ex15 pended to provide any service under such sys16 tem other than comprehensive community men17 tal health services; and

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

19 defined geographic area for the provision of the

20 services of such system.

21 ‘‘(4) TARGETED SERVICES TO RURAL AND

22 HOMELESS POPULATIONS.—The plan describes the

23 State’s outreach to and services for individuals who

24 are homeless and how community-based services will

25 be provided to individuals residing in rural areas.
31

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1 ‘‘(5) MANAGEMENT SYSTEMS.—The plan de2 scribes the financial resources, staffing and training

3 for mental health providers that is necessary to im4 plement the plan, and provides for the training of

5 providers of emergency health services regarding

6 mental health. The plan further describes the man7 ner in which the State intends to expend the grant

8 under section 1911 for the fiscal year involved.

9 Except as provided for in paragraph (3), the State plan

10 shall contain the information required under this sub11 section with respect to both adults with serious mental ill12 ness and children with serious emotional disturbance.’’.

13 (b) REVIEW OF PLANNING COUNCIL OF STATE’S RE14 PORT.—Section 1915(a) of the Public Health Service Act

15 (42 U.S.C. 300x–4(a)) is amended—

16 (1) in paragraph (1), by inserting ‘‘and the re17 port of the State under section 1942(a) concerning

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

19 (2) in paragraph (2), by inserting before the pe20 riod ‘‘and any comments concerning the annual re21 port’’.

22 (c) MAINTENANCE OF EFFORT.—Section 1915(b) of

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

24 amended—
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1 (1) by redesignating paragraphs (2) and (3) as

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

3 (2) by inserting after paragraph (1), the fol4 lowing:

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

6 Secretary may exclude from the aggregate State ex7 penditures under subsection (a), funds appropriated

8 to the principle agency for authorized activities

9 which are of a non-recurring nature and for a spe10 cific purpose.’’.

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

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

13 is amended to read as follows:

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

15 later than September 1 of the fiscal year prior to the

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

17 the report from the previous fiscal year as required

18 under section 1941 is received by December 1 of the

19 fiscal year of the grant;’’.

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

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

22 amended by striking ‘‘whose allotment under section 1911

23 for the fiscal year is the amount specified in section

24 1918(c)(2)(B)’’ and inserting in its place ‘‘except Puerto

25 Rico’’.
33

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1 (f) AUTHORIZATION OF APPROPRIATION.—Section

2 1920 of the Public Health Service Act (42 U.S.C. 300x–

3 9) is amended—

4 (1) in subsection (a), by striking

5 ‘‘$450,000,000’’ and all that follows through the end

6 and inserting ‘‘$450,000,000 for fiscal year 2000,

7 and such sums as may be necessary for each of the

8 fiscal years 2001 and 2002.’’; and

9 (2) in subsection (b)(2), by striking ‘‘section

10 505’’ and inserting ‘‘sections 505 and 1971’’.

11 SEC. 205. DETERMINATION OF ALLOTMENT.

12 Section 1918(b) of the Public Health Service Act (42

13 U.S.C. 300x–7(b)) is amended to read as follows:

14 ‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—With re15 spect to fiscal year 2000, and subsequent fiscal years, the

16 amount of the allotment of a State under section 1911

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

18 such section for fiscal year 1998.’’.

19 SEC. 206. PROTECTION AND ADVOCACY FOR MENTALLY ILL

20 INDIVIDUALS ACT OF 1986.

21 (a) SHORT TITLE.—The first section of the Protec22 tion and Advocacy for Mentally Ill Individuals Act of 1986

23 (Public Law 99–319) is amended to read as follows:
34

•S 976 IS

1 ‘‘SECTION 1. SHORT TITLE.

2 ‘‘This Act may be cited as the ‘Protection and Advo3 cacy for Individuals with Mental Illness Act’.’’.

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

5 and Advocacy for Individuals with Mental Illness Act (as

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

7 amended—

8 (1) in paragraph (4)—

9 (A) in the matter preceding subparagraph

10 (A), by inserting ‘‘, except as provided in sec11 tion 104(d),’’ after ‘‘means’’;

12 (B) in subparagraph (B)—

13 (i) by striking ‘‘(i)’’ who’’ and insert14 ing ‘‘(i)(I) who’’;

15 (ii) by redesignating clauses (ii) and

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

17 (iii) in subclause (III) (as so redesig18 nated), by striking the period and inserting

19 ‘‘; or’’; and

20 (iv) by adding at the end the fol21 lowing:

22 ‘‘(ii) who satisfies the requirements of sub23 paragraph (A) and lives in a community set24 ting, including their own home.’’; and

25 (2) by adding at the end the following:
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•S 976 IS

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

2 means a consortium established under part C of the

3 Developmental Disabilities Assistance and Bill of

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

5 (c) USE OF ALLOTMENTS.—Section 104 of the Pro6 tection and Advocacy for Individuals with Mental Illness

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

8 is amended by adding at the end the following:

9 ‘‘(d) The definition of ‘individual with a mental ill10 ness’ contained in section 102(4)(B)(iii) shall apply, and

11 thus an eligible system may use its allotment under this

12 title to provide representation to such individuals, only if

13 the total allotment under this title for any fiscal year is

14 $30,000,000 or more, and in such case, an eligible system

15 must give priority to representing persons with mental ill16 ness as defined in subparagraphs (A) and (B)(i) of section

17 102(4).’’.

18 (d) MINIMUM AMOUNT.—Paragraph (2) of section

19 112(a) of the Protection and Advocacy for Individuals

20 with Mental Illness Act (as amended by subsection (a))

21 (42 U.S.C. 10822(a)(2)) is amended to read as follows:

22 ‘‘(2)(A) The minimum amount of the allotment

23 of an eligible system shall be the product (rounded

24 to the nearest $100) of the appropriate base amount
36

•S 976 IS

1 determined under subparagraph (B) and the factor

2 specified in subparagraph (C).

3 ‘‘(B) For purposes of subparagraph (A), the

4 appropriate base amount—

5 ‘‘(i) for American Samoa, Guam, the Mar6 shall Islands, the Federated States of Micro7 nesia, the Commonwealth of the Northern Mar8 iana Islands, the Republic of Palau, and the

9 Virgin Islands, is $139,300; and

10 ‘‘(ii) for any other State, is $260,000.

11 ‘‘(C) The factor specified in this subparagraph

12 is the ratio of the amount appropriated under sec13 tion 117 for the fiscal year for which the allotment

14 is being made to the amount appropriated under

15 such section for fiscal year 1995.

16 ‘‘(D) If the total amount appropriated for a fis17 cal year is at least $25,000,000, the Secretary shall

18 make an allotment in accordance with subparagraph

19 (A) to the eligible system serving the American In20 dian consortium.’’.

21 (e) TECHNICAL AMENDMENTS.—Section 112(a) of

22 the Protection and Advocacy for Individuals with Mental

23 Illness Act (as amended by subsection (a)) (42 U.S.C.

24 10822(a)) is amended—
37

•S 976 IS

1 (1) in paragraph (1)(B), by striking ‘‘Trust

2 Territory of the Pacific Islands’’ and inserting

3 ‘‘Marshall Islands, the Federated States of Micro4 nesia, the Republic of Palau’’; and

5 (2) by striking paragraph (3).

6 (f) REAUTHORIZATION.—Section 117 of the Protec7 tion and Advocacy for Individuals with Mental Illness Act

8 (as amended by subsection (a)) (42 U.S.C. 10827) is

9 amended by striking ‘‘1995’’ and inserting ‘‘2002’’.

10 TITLE III—PROVISIONS RELAT11 ING TO SUBSTANCE ABUSE

12 SEC. 301. PRIORITY SUBSTANCE ABUSE TREATMENT NEEDS

13 OF REGIONAL AND NATIONAL SIGNIFICANCE.

14 (a) IN GENERAL.—Section 508 of the Public Health

15 Service Act (42 U.S.C. 290bb–1) is amended to read as

16 follows:

17 ‘‘SEC. 508. PRIORITY SUBSTANCE ABUSE TREATMENT

18 NEEDS OF REGIONAL AND NATIONAL SIG19 NIFICANCE.

20 ‘‘(a) PROJECTS.—The Secretary shall address pri21 ority substance abuse treatment needs of regional and na22 tional significance (as determined under subsection (b))

23 through the provision of or through assistance for—
38

•S 976 IS

1 ‘‘(1) knowledge development and application

2 projects for treatment and rehabilitation and the

3 conduct or support of evaluations of such projects;

4 ‘‘(2) training and technical assistance; and

5 ‘‘(3) targeted capacity response programs.

6 The Secretary may carry out the activities described in

7 this section directly or through grants, contracts, or coop8 erative agreements with States, political subdivisions of

9 States, Indian tribes and tribal organizations, other public

10 or nonprofit private entities.

11 ‘‘(b) PRIORITY SUBSTANCE ABUSE TREATMENT

12 NEEDS.—Priority substance abuse treatment needs of re13 gional and national significance shall be determined by the

14 Secretary after consultation with States and other inter15 ested groups. The Secretary shall meet with the States

16 and interested groups on an annual basis to discuss pro17 gram priorities.

18 ‘‘(c) REQUIREMENTS.—

19 ‘‘(1) IN GENERAL.—Recipients of grants, con20 tracts, or cooperative agreements under this section

21 shall comply with information and application re22 quirements determined appropriate by the Secretary.

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

24 grant, contract, or cooperative agreement awarded

25 under this section, the period during which pay-
39

•S 976 IS

1 ments under such award are made to the recipient

2 may not exceed 5 years.

3 ‘‘(3) MATCHING FUNDS.—The Secretary may,

4 for projects carried out under subsection (a), require

5 that entities that apply for grants, contracts, or co6 operative agreements under that project provide

7 non-Federal matching funds, as determined appro8 priate by the Secretary, to ensure the institutional

9 commitment of the entity to the projects funded

10 under the grant, contract, or cooperative agreement.

11 Such non-Federal matching funds may be provided

12 directly or through donations from public or private

13 entities and may be in cash or in kind, fairly evalu14 ated, including plant, equipment, or services.

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

16 to activities for which a grant, contract, or coopera17 tive agreement is awarded under this section, the

18 Secretary may require that recipients for specific

19 projects under subsection (a) agree to maintain ex20 penditures of non-Federal amounts for such activi21 ties at a level that is not less than the level of such

22 expenditures maintained by the entity for the fiscal

23 year preceding the fiscal year for which the entity

24 receives such a grant, contract, or cooperative agree25 ment.
40

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

2 each project carried out under subsection (a)(1) and shall

3 disseminate the findings with respect to each such evalua4 tion to appropriate public and private entities.

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

6 shall establish comprehensive information and education

7 programs to disseminate and apply the findings of the

8 knowledge development and application, training and tech9 nical assistance programs, and targeted capacity response

10 programs under this section to the general public, to

11 health professionals and other interested groups. The Sec12 retary shall make every effort to provide linkages between

13 the findings of supported projects and State agencies re14 sponsible for carrying out substance abuse prevention and

15 treatment programs.

16 ‘‘(f) AUTHORIZATION OF APPROPRIATION.—There

17 are authorized to be appropriated to carry out this section,

18 $300,000,000 for fiscal year 2000 and such sums as may

19 be necessary for each of the fiscal years 2001 and 2002.’’.

20 (b) CONFORMING AMENDMENTS.—The following sec21 tions of the Public Health Service Act are repealed:

22 (1) Section 510 (42 U.S.C. 290bb–3).

23 (2) Section 511 (42 U.S.C. 290bb–4).

24 (3) Section 512 (42 U.S.C. 290bb–5).

25 (4) Section 571 (42 U.S.C. 290gg).
41

•S 976 IS

1 SEC. 302. PRIORITY SUBSTANCE ABUSE PREVENTION

2 NEEDS OF REGIONAL AND NATIONAL SIG3 NIFICANCE.

4 (a) IN GENERAL.—Section 516 of the Public Health

5 Service Act (42 U.S.C. 290bb–1) is amended to read as

6 follows:

7 ‘‘SEC. 516. PRIORITY SUBSTANCE ABUSE PREVENTION

8 NEEDS OF REGIONAL AND NATIONAL SIG9 NIFICANCE.

10 ‘‘(a) PROJECTS.—The Secretary shall address pri11 ority substance abuse prevention needs of regional and na12 tional significance (as determined under subsection (b))

13 through the provision of or through assistance for—

14 ‘‘(1) knowledge development and application

15 projects for prevention and the conduct or support

16 of evaluations of such projects;

17 ‘‘(2) training and technical assistance; and

18 ‘‘(3) targeted capacity response programs.

19 The Secretary may carry out the activities described in

20 this section directly or through grants, contracts, or coop21 erative agreements with States, political subdivisions of

22 States, Indian tribes and tribal organizations, or other

23 public or nonprofit private entities.

24 ‘‘(b) PRIORITY SUBSTANCE ABUSE PREVENTION

25 NEEDS.—Priority substance abuse prevention needs of re26 gional and national significance shall be determined by the
42

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1 Secretary in consultation with the States and other inter2 ested groups. The Secretary shall meet with the States

3 and interested groups on an annual basis to discuss pro4 gram priorities.

5 ‘‘(c) REQUIREMENTS.—

6 ‘‘(1) IN GENERAL.—Recipients of grants, con7 tracts, and cooperative agreements under this sec8 tion shall comply with information and application

9 requirements determined appropriate by the Sec10 retary.

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

12 grant, contract, or cooperative agreement awarded

13 under this section, the period during which pay14 ments under such award are made to the recipient

15 may not exceed 5 years.

16 ‘‘(3) MATCHING FUNDS.—The Secretary may,

17 for projects carried out under subsection (a), require

18 that entities that apply for grants, contracts, or co19 operative agreements under that project provide

20 non-Federal matching funds, as determined appro21 priate by the Secretary, to ensure the institutional

22 commitment of the entity to the projects funded

23 under the grant, contract, or cooperative agreement.

24 Such non-Federal matching funds may be provided

25 directly or through donations from public or private
43

•S 976 IS

1 entities and may be in cash or in kind, fairly evalu2 ated, including plant, equipment, or services.

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

4 to activities for which a grant, contract, or coopera5 tive agreement is awarded under this section, the

6 Secretary may require that recipients for specific

7 projects under subsection (a) agree to maintain ex8 penditures of non-Federal amounts for such activi9 ties at a level that is not less than the level of such

10 expenditures maintained by the entity for the fiscal

11 year preceding the fiscal year for which the entity

12 receives such a grant, contract, or cooperative agree13 ment.

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

15 each project carried out under subsection (a)(1) and shall

16 disseminate the findings with respect to each such evalua17 tion to appropriate public and private entities.

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

19 shall establish comprehensive information and education

20 programs to disseminate the findings of the knowledge de21 velopment and application, training and technical assist22 ance programs, and targeted capacity response programs

23 under this section to the general public and to health pro24 fessionals. The Secretary shall make every effort to pro25 vide linkages between the findings of supported projects
44

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1 and State agencies responsible for carrying out substance

2 abuse prevention and treatment programs.

3 ‘‘(f) AUTHORIZATION OF APPROPRIATION.—There

4 are authorized to be appropriated to carry out this section,

5 $300,000,000 for fiscal year 2000, and such sums as may

6 be necessary for each of the fiscal years 2001 and 2002.’’.

7 (b) CONFORMING AMENDMENTS.—Section 518 of the

8 Public Health Service Act (42 U.S.C. 290bb–24) is re9 pealed.

10 SEC. 303. SUBSTANCE ABUSE PREVENTION AND TREAT11 MENT PERFORMANCE PARTNERSHIP BLOCK

12 GRANT.

13 (a) ALLOCATION REGARDING ALCOHOL AND OTHER

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

15 (42 U.S.C. 300x–22) is amended by—

16 (1) striking subsection (a); and

17 (2) redesignating subsections (b) and (c) as

18 subsections (a) and (b).

19 (b) GROUP HOMES FOR RECOVERING SUBSTANCE

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

21 Act (42 U.S.C. 300x–25(a)) is amended by striking ‘‘For

22 fiscal year 1993’’ and all that follows through the colon

23 and inserting the following: ‘‘A State, using funds avail24 able under section 1921, may establish and maintain the

25 ongoing operation of a revolving fund in accordance with
45

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1 this section to support group homes for recovering sub2 stance abusers as follows:’’.

3 (c) MAINTENANCE OF EFFORT.—Section 1930 of the

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

5 amended—

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

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

8 (2) by inserting after subsection (a), the fol9 lowing:

10 ‘‘(b) EXCLUSION OF CERTAIN FUNDS.—The Sec11 retary may exclude from the aggregate State expenditures

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

13 agency for authorized activities which are of a non-recur14 ring nature and for a specific purpose.’’.

15 (d) APPLICATIONS FOR GRANTS.—Section

16 1932(a)(1) of the Public Health Service Act (42 U.S.C.

17 300x–32(a)(1)) is amended to read as follows:

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

19 not later than September 1 of the fiscal year prior

20 to the fiscal year for which the State is seeking

21 funds;’’.

22 (e) WAIVER FOR TERRITORIES.—Section 1932(c) of

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

24 amended by striking ‘‘whose allotment under section 1921
46

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1 for the fiscal year is the amount specified in section

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

3 (f) WAIVER AUTHORITY FOR CERTAIN REQUIRE4 MENTS.—

5 (1) IN GENERAL.—Section 1932 of the Public

6 Health Service Act (42 U.S.C. 300x–32) is amended

7 by adding at the end the following:

8 ‘‘(e) WAIVER AUTHORITY FOR CERTAIN REQUIRE9 MENTS.—

10 ‘‘(1) IN GENERAL.—Upon the request of a

11 State, the Secretary may waive the requirements of

12 all or part of the sections described in paragraph (2)

13 using objective criteria established by the Secretary

14 by regulation after consultation with the States and

15 other interested parties including consumers and

16 providers.

17 ‘‘(2) SECTIONS.—The sections described in

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

19 1928.

20 ‘‘(3) DATE CERTAIN FOR ACTING UPON RE21 QUEST.—The Secretary shall approve or deny a re22 quest for a waiver under paragraph (1) and inform

23 the State of that decision not later than 120 days

24 after the date on which the request and all the infor25 mation needed to support the request are submitted.
47

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1 ‘‘(4) ANNUAL REPORTING REQUIREMENT.—The

2 Secretary shall annually report to the general public

3 on the States that receive a waiver under this sub4 section.’’.

5 (2) CONFORMING AMENDMENTS.—Effective

6 upon the publication of the regulations developed in

7 accordance with section 1932(e)(1) of the Public

8 Health Service Act (42 U.S.C. 300x–32(d))—

9 (A) section 1922(c) of the Public Health

10 Service Act (42 U.S.C. 300x–22(c)) is amended

11 by—

12 (i) striking paragraph (2); and

13 (ii) redesignating paragraph (3) as

14 paragraph (2); and

15 (B) section 1928(d) of the Public Health

16 Service Act (42 U.S.C. 300x–28(d)) is repealed.

17 (g) AUTHORIZATION OF APPROPRIATION.—Section

18 1935 of the Public Health Service Act (42 U.S.C. 300x–

19 35) is amended—

20 (1) in subsection (a), by striking

21 ‘‘$1,500,000,000’’ and all that follows through the

22 end and inserting ‘‘$2,000,000,000 for fiscal year

23 2000, and such sums as may be necessary for each

24 of the fiscal years 2001 and 2002.’’;
48

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1 (2) in subsection (b)(1), by striking ‘‘section

2 505’’ and inserting ‘‘sections 505 and 1971’’;

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

4 and inserting ‘‘1948(a)’’; and

5 (4) in subsection (b), by adding at the end the

6 following:

7 ‘‘(3) CORE DATA SET.—A State that receives a

8 new grant, contract, or cooperative agreement from

9 amounts available to the Secretary under paragraph

10 (1), for the purposes of improving the data collec11 tion, analysis and reporting capabilities of the State,

12 shall be required, as a condition of receipt of funds,

13 to collect, analyze, and report to the Secretary for

14 each fiscal year subsequent to receiving such funds

15 a core data set to be determined by the Secretary in

16 conjunction with the States.’’.

17 SEC. 304. DETERMINATION OF ALLOTMENTS.

18 Section 1933(b) of the Public Health Service Act (42

19 U.S.C. 300x–33(b)) is amended to read as follows:

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

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

22 2000, and each subsequent fiscal year, the amount

23 of the allotment of a State under section 1921 shall

24 not be less than the amount the State received

25 under such section for the previous fiscal year in-
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1 creased by an amount equal to 30.65 percent of the

2 percentage by which the aggregate amount allotted

3 to all States for such fiscal year exceeds the aggre4 gate amount allotted to all States for the previous

5 fiscal year.

6 ‘‘(2) LIMITATIONS.—

7 ‘‘(A) IN GENERAL.—Except as provided in

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

9 allotment under section 1921 for a fiscal year

10 in an amount that is less than an amount equal

11 to 0.375 percent of the amount appropriated

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

13 ‘‘(B) EXCEPTION.—In applying subpara14 graph (A), the Secretary shall ensure that no

15 State receives an increase in its allotment under

16 section 1921 for a fiscal year (as compared to

17 the amount allotted to the State in the prior

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

19 to 300 percent of the percentage by which the

20 amount appropriated under section 1935(a) for

21 such fiscal year exceeds the amount appro22 priated for the prior fiscal year.

23 ‘‘(3) DECREASE IN OR EQUAL APPROPRIA24 TIONS.—If the amount appropriated under section

25 1935(a) for a fiscal year is equal to or less than the
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1 amount appropriated under such section for the

2 prior fiscal year, the amount of the State allotment

3 under section 1921 shall be equal to the amount

4 that the State received under section 1921 in the

5 prior fiscal year decreased by the percentage by

6 which the amount appropriated for such fiscal year

7 is less than the amount appropriated or such section

8 for the prior fiscal year.’’.

9 TITLE IV—PROVISIONS RELAT10 ING TO FLEXIBILITY AND AC11 COUNTABILITY

12 SEC. 401. GENERAL AUTHORITIES AND PEER REVIEW.

13 (a) GENERAL AUTHORITIES.—Paragraph (1) of sec14 tion 501(e) of the Public Health Service Act (42 U.S.C.

15 290aa(e)) is amended to read as follows:

16 ‘‘(1) IN GENERAL.—There may be in the Ad17 ministration an Associate Administrator for Alcohol

18 Prevention and Treatment Policy to whom the Ad19 ministrator may delegate the functions of promoting,

20 monitoring, and evaluating service programs for the

21 prevention and treatment of alcoholism and alcohol

22 abuse within the Center for Substance Abuse Pre23 vention, the Center for Substance Abuse Treatment

24 and the Center for Mental Health Services, and co25 ordinating such programs among the Centers, and
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1 among the Centers and other public and private en2 tities. The Associate Administrator also may ensure

3 that alcohol prevention, education, and policy strate4 gies are integrated into all programs of the Centers

5 that address substance abuse prevention, education,

6 and policy, and that the Center for Substance Abuse

7 Prevention addresses the Healthy People 2010 goals

8 and the National Dietary Guidelines of the Depart9 ment of Health and Human Services and the De10 partment of Agriculture related to alcohol consump11 tion.’’.

12 (b) PEER REVIEW.—Section 504 of the Public

13 Health Service (42 U.S.C. 290aa–3) is amended as fol14 lows:

15 ‘‘SEC. 504. PEER REVIEW.

16 ‘‘(a) IN GENERAL.—The Secretary, after consulta17 tion with the Administrator, shall require appropriate peer

18 review of grants, cooperative agreements, and contracts to

19 be administered through the agency which exceed the sim20 ple acquisition threshold as defined in section 4(11) of the

21 Office of Federal Procurement Policy Act.

22 ‘‘(b) MEMBERS.—The members of any peer review

23 group established under subsection (a) shall be individuals

24 who by virtue of their training or experience are eminently

25 qualified to perform the review functions of the group. Not
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more than 1 1 ⁄4 of the members of any such peer review

2 group shall be officers or employees of the United States.

3 ‘‘(c) ADVISORY COUNCIL REVIEW.—If the direct cost

4 of a grant or cooperative agreement (described in sub5 section (a)) exceeds the simple acquisition threshold as de6 fined by section 4(11) of the Office of Federal Procure7 ment Policy Act, the Secretary may make such a grant

8 or cooperative agreement only if such grant or cooperative

9 agreement is recommended—

10 ‘‘(1) after peer review required under sub11 section (a); and

12 ‘‘(2) by the appropriate advisory council.

13 ‘‘(d) CONDITIONS.—The Secretary may establish lim14 ited exceptions to the limitations contained in this section

15 regarding participation of Federal employees and advisory

16 council approval. The circumstances under which the Sec17 retary may make such an exception shall be made public.’’.

18 SEC. 402. ADVISORY COUNCILS.

19 Section 502(e) of the Public Health Service Act (42

20 U.S.C. 290aa–1(e)) is amended in the first sentence by

21 striking ‘‘3 times’’ and inserting ‘‘2 times’’.
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1 SEC. 403. GENERAL PROVISIONS FOR THE PERFORMANCE

2 PARTNERSHIP BLOCK GRANTS.

3 (a) PLANS FOR PERFORMANCE PARTNERSHIPS.—

4 Section 1949 of the Public Health Service Act (42 U.S.C.

5 300x–59) is amended as follows:

6 ‘‘SEC. 1949. PLANS FOR PERFORMANCE PARTNERSHIPS.

7 ‘‘(a) DEVELOPMENT.—The Secretary in conjunction

8 with States and other interested groups shall develop sepa9 rate plans for the programs authorized under subparts I

10 and II for creating more flexibility for States and account11 ability based on outcome and other performance measures.

12 The plans shall each include—

13 ‘‘(1) a description of the flexibility that would

14 be given to the States under the plan;

15 ‘‘(2) the common set of performance measures

16 that would be used for accountability, including

17 measures that would be used for the program under

18 subpart II for pregnant addicts, HIV transmission,

19 tuberculosis, and those with a co-occurring sub20 stance abuse and mental disorders, and for pro21 grams under subpart I for children with serious

22 emotional disturbance and adults with serious men23 tal illness and for individuals with co-occurring men24 tal health and substance abuse disorders;

25 ‘‘(3) the definitions for the data elements to be

26 used under the plan;
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1 ‘‘(4) the obstacles to implementation of the plan

2 and the manner in which such obstacles would be re3 solved;

4 ‘‘(5) the resources needed to implement the per5 formance partnerships under the plan; and

6 ‘‘(6) an implementation strategy complete with

7 recommendations for any necessary legislation.

8 ‘‘(b) SUBMISSION.—Not later than 2 years after the

9 date of enactment of this Act, the plans developed under

10 subsection (a) shall be submitted to the Committee on

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

12 the Committee on Commerce of the House of Representa13 tives.

14 ‘‘(c) INFORMATION.—As the elements of the plans de15 scribed in subsection (a) are developed, States are encour16 aged to provide information to the Secretary on a vol17 untary basis.’’.

18 (b) AVAILABILITY TO STATES OF GRANT PRO19 GRAMS.—Section 1952 of the Public Health Service Act

20 (42 U.S.C. 300x–62) is amended as follows:

21 ‘‘SEC. 1952. AVAILABILITY TO STATES OF GRANT PAY22 MENTS.

23 ‘‘Any amounts paid to a State for a fiscal year under

24 section 1911 or 1921 shall be available for obligation and
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1 expenditure until the end of the fiscal year following the

2 fiscal year for which the amounts were paid.’’.

3 SEC. 404. DATA INFRASTRUCTURE PROJECTS.

4 Part C of title XIX of the Public Health Service Act

5 (42 U.S.C. 300y et seq.) is amended—

6 (1) by striking the headings for part C and sub7 part I and inserting the following:

8 ‘‘PART C—CERTAIN PROGRAMS REGARDING

9 MENTAL HEALTH AND SUBSTANCE ABUSE

10 ‘‘Subpart I—Data Infrastructure Development’’;

11 (2) by striking section 1971 (42 U.S.C. 300y)

12 and inserting the following:

13 ‘‘SEC. 1971. DATA INFRASTRUCTURE DEVELOPMENT.

14 ‘‘(a) IN GENERAL.—The Secretary may make grants

15 to, and enter into contracts or cooperative agreements

16 with States for the purpose of developing and operating

17 mental health or substance abuse data collection, analysis,

18 and reporting systems with regard to performance meas19 ures including capacity, process, and outcomes measures.

20 ‘‘(b) PROJECTS.—The Secretary shall establish cri21 teria to ensure that assistance will be available under this

22 section to States that have a fundamental basis for the

23 collection, analysis, and reporting of mental health and

24 substance abuse performance measures and States that do

25 not have such basis. The Secretary will establish criteria
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1 for determining whether a State has a fundamental basis

2 for the collection, analysis, and reporting of data.

3 ‘‘(c) CONDITION OF RECEIPT OF FUNDS.—As a con4 dition of the receipt of an award under this section a State

5 shall agree to collect, analyze, and report to the Secretary

6 within 2 years of the date of the award on a core set of

7 performance measures to be determined by the Secretary

8 in conjunction with the States.

9 ‘‘(d) DURATION OF SUPPORT.—The period during

10 which payments may be made for a project under sub11 section (a) may be not less than 3 years nor more than

12 5 years.

13 ‘‘(e) AUTHORIZATION OF APPROPRIATION.—

14 ‘‘(1) IN GENERAL.—For the purpose of car15 rying out this section, there are authorized to be ap16 propriated such sums as may be necessary for each

17 of the fiscal years 2000, 2001 and 2002.

18 ‘‘(2) ALLOCATION.—Of the amounts appro19 priated under paragraph (1) for a fiscal year, 50

20 percent shall be expended to support data infrastruc21 ture development for mental health and 50 percent

22 shall be expended to support data infrastructure de23 velopment for substance abuse.’’.
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1 SEC. 405. REPEAL OF OBSOLETE ADDICT REFERRAL PROVI2 SIONS.

3 (a) REPEAL OF OBSOLETE PUBLIC HEALTH SERV4 ICE ACT AUTHORITIES.—Part E of title III (42 U.S.C.

5 257 et seq.) is repealed.

6 (b) REPEAL OF OBSOLETE NARA AUTHORITIES.—

7 Titles III and IV of the Narcotic Addict Rehabilitation

8 Act of 1966 (Public Law 89–793) are repealed.

9 (c) REPEAL OF OBSOLETE TITLE 28 AUTHORI10 TIES.—

11 (1) IN GENERAL.—Chapter 175 of title 28,

12 United States Code, is repealed.

13 (2) TABLE OF CONTENTS.—The table of con14 tents to part VI of title 28, United States Code, is

15 amended by striking the items relating to chapter

16 175.

Æ