Calendar No. 332

106TH CONGRESS

1ST SESSION S. 976

[Report No. 106–196]

A BILL

To amend title V of the Public Health Service Act

to focus the authority of the Substance Abuseand Mental Health Services Administration oncommunity-based services for children and adolescents, to enhance flexibility and accountability,to establish programs for youth treatment, andto respond to crises, especially those related tochildren and violence.

OCTOBER 19, 1999

Reported with an amendment
II

Calendar No. 332

106TH CONGRESS

1ST SESSION S. 976

[Report No. 106–196]

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

OCTOBER 19, 1999

Reported by Mr. JEFFORDS, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

7 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.
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Sec. 404. Data infrastructure projects.

Sec. 405. Repeal of obsolete addict referral provisions.

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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•S 976 RS

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.
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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
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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.
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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’’.
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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:
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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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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

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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—
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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—
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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

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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 ‘‘

21 (b) CONFORMING AMENDMENTS.—The following sec22 tions of the Public Health Service Act are repealed:

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

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

25 (3) Section 512 (42 U.S.C. 290bb–5).
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1 (4) Section 571 (42 U.S.C. 290gg).

2 SEC. 302. PRIORITY SUBSTANCE ABUSE PREVENTION

3 NEEDS OF REGIONAL AND NATIONAL SIG4 NIFICANCE.

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

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

7 follows:

8 ‘‘SEC. 516. PRIORITY SUBSTANCE ABUSE PREVENTION

9 NEEDS OF REGIONAL AND NATIONAL SIG10 NIFICANCE.

11 ‘‘(a) PROJECTS.—The Secretary shall address pri12 ority substance abuse prevention needs of regional and na13 tional significance (as determined under subsection (b))

14 through the provision of or through assistance for—

15 ‘‘(1) knowledge development and application

16 projects for prevention and the conduct or support

17 of evaluations of such projects;

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

19 ‘‘(3) targeted capacity response programs.

20 The Secretary may carry out the activities described in

21 this section directly or through grants, contracts, or coop22 erative agreements with States, political subdivisions of

23 States, Indian tribes and tribal organizations, or other

24 public or nonprofit private entities.
42

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1 ‘‘(b) PRIORITY SUBSTANCE ABUSE PREVENTION

2 NEEDS.—Priority substance abuse prevention needs of re3 gional and national significance shall be determined by the

4 Secretary in consultation with the States and other inter5 ested groups. The Secretary shall meet with the States

6 and interested groups on an annual basis to discuss pro7 gram priorities.

8 ‘‘(c) REQUIREMENTS.—

9 ‘‘(1) IN GENERAL.—Recipients of grants, con10 tracts, and cooperative agreements under this sec11 tion shall comply with information and application

12 requirements determined appropriate by the Sec13 retary.

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

15 grant, contract, or cooperative agreement awarded

16 under this section, the period during which pay17 ments under such award are made to the recipient

18 may not exceed 5 years.

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

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

21 that entities that apply for grants, contracts, or co22 operative agreements under that project provide

23 non-Federal matching funds, as determined appro24 priate by the Secretary, to ensure the institutional

25 commitment of the entity to the projects funded
43

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1 under the grant, contract, or cooperative agreement.

2 Such non-Federal matching funds may be provided

3 directly or through donations from public or private

4 entities and may be in cash or in kind, fairly evalu5 ated, including plant, equipment, or services.

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

7 to activities for which a grant, contract, or coopera8 tive agreement is awarded under this section, the

9 Secretary may require that recipients for specific

10 projects under subsection (a) agree to maintain ex11 penditures of non-Federal amounts for such activi12 ties at a level that is not less than the level of such

13 expenditures maintained by the entity for the fiscal

14 year preceding the fiscal year for which the entity

15 receives such a grant, contract, or cooperative agree16 ment.

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

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

19 disseminate the findings with respect to each such evalua20 tion to appropriate public and private entities.

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

22 shall establish comprehensive information and education

23 programs to disseminate the findings of the knowledge de24 velopment and application, training and technical assist25 ance programs, and targeted capacity response programs
44

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1 under this section to the general public and to health pro2 fessionals. The Secretary shall make every effort to pro3 vide linkages between the findings of supported projects

4 and State agencies responsible for carrying out substance

5 abuse prevention and treatment programs.

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

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

8 $300,000,000 for fiscal year 2000, and such sums as may

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

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

11 Public Health Service Act (42 U.S.C. 290bb–24) is re12 pealed.

13 SEC. 303. SUBSTANCE ABUSE PREVENTION AND TREAT14 MENT PERFORMANCE PARTNERSHIP BLOCK

15 GRANT.

16 (a) ALLOCATION REGARDING ALCOHOL AND OTHER

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

18 (42 U.S.C. 300x–22) is amended by—

19 (1) striking subsection (a); and

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

21 subsections (a) and (b).

22 (b) GROUP HOMES FOR RECOVERING SUBSTANCE

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

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

25 fiscal year 1993’’ and all that follows through the colon
45

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1 and inserting the following: ‘‘A State, using funds avail2 able under section 1921, may establish and maintain the

3 ongoing operation of a revolving fund in accordance with

4 this section to support group homes for recovering sub5 stance abusers as follows:’’.

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

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

8 amended—

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

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

11 (2) by inserting after subsection (a), the fol12 lowing:

13 ‘‘(b) EXCLUSION OF CERTAIN FUNDS.—The Sec14 retary may exclude from the aggregate State expenditures

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

16 agency for authorized activities which are of a non-recur17 ring nature and for a specific purpose.’’.

18 (d) APPLICATIONS FOR GRANTS.—Section

19 1932(a)(1) of the Public Health Service Act (42 U.S.C.

20 300x–32(a)(1)) is amended to read as follows:

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

22 not later than September 1 of the fiscal year prior

23 to the fiscal year for which the State is seeking

24 funds;’’.
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1 (e) WAIVER FOR TERRITORIES.—Section 1932(c) of

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

3 amended by striking ‘‘whose allotment under section 1921

4 for the fiscal year is the amount specified in section

5 1933(c)(2)(B)’’ and inserting ‘‘except Puerto Rico’’.

6 (f) WAIVER AUTHORITY FOR CERTAIN REQUIRE7 MENTS.—

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

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

10 by adding at the end the following:

11 ‘‘(e) WAIVER AUTHORITY FOR CERTAIN REQUIRE12 MENTS.—

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

14 State, the Secretary may waive the requirements of

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

16 using objective criteria established by the Secretary

17 by regulation after consultation with the States and

18 other interested parties including consumers and

19 providers.

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

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

22 1928.

23 ‘‘(3) DATE CERTAIN FOR ACTING UPON RE24 QUEST.—The Secretary shall approve or deny a re25 quest for a waiver under paragraph (1) and inform
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1 the State of that decision not later than 120 days

2 after the date on which the request and all the infor3 mation needed to support the request are submitted.

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

5 Secretary shall annually report to the general public

6 on the States that receive a waiver under this sub7 section.’’.

8 (2) CONFORMING AMENDMENTS.—Effective

9 upon the publication of the regulations developed in

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

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

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

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

14 by—

15 (i) striking paragraph (2); and

16 (ii) redesignating paragraph (3) as

17 paragraph (2); and

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

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

20 (g) AUTHORIZATION OF APPROPRIATION.—Section

21 1935 of the Public Health Service Act (42 U.S.C. 300x–

22 35) is amended—

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

24 ‘‘$1,500,000,000’’ and all that follows through the

25 end and inserting ‘‘$2,000,000,000 for fiscal year
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1 2000, and such sums as may be necessary for each

2 of the fiscal years 2001 and 2002.’’;

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

4 505’’ and inserting ‘‘sections 505 and 1971’’;

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

6 and inserting ‘‘1948(a)’’; and

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

8 following:

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

10 new grant, contract, or cooperative agreement from

11 amounts available to the Secretary under paragraph

12 (1), for the purposes of improving the data collec13 tion, analysis and reporting capabilities of the State,

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

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

16 each fiscal year subsequent to receiving such funds

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

18 conjunction with the States.’’.

19 SEC. 304. DETERMINATION OF ALLOTMENTS.

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

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

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

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

24 2000, and each subsequent fiscal year, the amount

25 of the allotment of a State under section 1921 shall
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1 not be less than the amount the State received

2 under such section for the previous fiscal year in3 creased by an amount equal to 30.65 percent of the

4 percentage by which the aggregate amount allotted

5 to all States for such fiscal year exceeds the aggre6 gate amount allotted to all States for the previous

7 fiscal year.

8 ‘‘(2) LIMITATIONS.—

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

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

11 allotment under section 1921 for a fiscal year

12 in an amount that is less than an amount equal

13 to 0.375 percent of the amount appropriated

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

15 ‘‘(B) EXCEPTION.—In applying subpara16 graph (A), the Secretary shall ensure that no

17 State receives an increase in its allotment under

18 section 1921 for a fiscal year (as compared to

19 the amount allotted to the State in the prior

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

21 to 300 percent of the percentage by which the

22 amount appropriated under section 1935(a) for

23 such fiscal year exceeds the amount appro24 priated for the prior fiscal year.
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1 ‘‘(3) DECREASE IN OR EQUAL APPROPRIA2 TIONS.—If the amount appropriated under section

3 1935(a) for a fiscal year is equal to or less than the

4 amount appropriated under such section for the

5 prior fiscal year, the amount of the State allotment

6 under section 1921 shall be equal to the amount

7 that the State received under section 1921 in the

8 prior fiscal year decreased by the percentage by

9 which the amount appropriated for such fiscal year

10 is less than the amount appropriated or such section

11 for the prior fiscal year.’’.

12 TITLE IV—PROVISIONS RELAT13 ING TO FLEXIBILITY AND AC14 COUNTABILITY

15 SEC. 401. GENERAL AUTHORITIES AND PEER REVIEW.

16 (a) GENERAL AUTHORITIES.—Paragraph (1) of sec17 tion 501(e) of the Public Health Service Act (42 U.S.C.

18 290aa(e)) is amended to read as follows:

19 ‘‘(1) IN GENERAL.—There may be in the Ad20 ministration an Associate Administrator for Alcohol

21 Prevention and Treatment Policy to whom the Ad22 ministrator may delegate the functions of promoting,

23 monitoring, and evaluating service programs for the

24 prevention and treatment of alcoholism and alcohol

25 abuse within the Center for Substance Abuse Pre-
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1 vention, the Center for Substance Abuse Treatment

2 and the Center for Mental Health Services, and co3 ordinating such programs among the Centers, and

4 among the Centers and other public and private en5 tities. The Associate Administrator also may ensure

6 that alcohol prevention, education, and policy strate7 gies are integrated into all programs of the Centers

8 that address substance abuse prevention, education,

9 and policy, and that the Center for Substance Abuse

10 Prevention addresses the Healthy People 2010 goals

11 and the National Dietary Guidelines of the Depart12 ment of Health and Human Services and the De13 partment of Agriculture related to alcohol consump14 tion.’’.

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

16 Health Service (42 U.S.C. 290aa–3) is amended as fol17 lows:

18 ‘‘SEC. 504. PEER REVIEW.

19 ‘‘(a) IN GENERAL.—The Secretary, after consulta20 tion with the Administrator, shall require appropriate peer

21 review of grants, cooperative agreements, and contracts to

22 be administered through the agency which exceed the sim23 ple acquisition threshold as defined in section 4(11) of the

24 Office of Federal Procurement Policy Act.
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1 ‘‘(b) MEMBERS.—The members of any peer review

2 group established under subsection (a) shall be individuals

3 who by virtue of their training or experience are eminently

4 qualified to perform the review functions of the group. Not

more than 1 5 ⁄4 of the members of any such peer review

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

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

8 of a grant or cooperative agreement (described in sub9 section (a)) exceeds the simple acquisition threshold as de10 fined by section 4(11) of the Office of Federal Procure11 ment Policy Act, the Secretary may make such a grant

12 or cooperative agreement only if such grant or cooperative

13 agreement is recommended—

14 ‘‘(1) after peer review required under sub15 section (a); and

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

17 ‘‘(d) CONDITIONS.—The Secretary may establish lim18 ited exceptions to the limitations contained in this section

19 regarding participation of Federal employees and advisory

20 council approval. The circumstances under which the Sec21 retary may make such an exception shall be made public.’’.

22 SEC. 402. ADVISORY COUNCILS.

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

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

25 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.

17 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

21 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. Emergency response.

Sec. 103. High risk youth reauthorization.

Sec. 104. Substance abuse treatment services for children and adolescents.
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Sec. 105. Comprehensive community services for children with serious emotional

disturbance.

Sec. 106. Services for children of substance abusers.

Sec. 107. Services for youth offenders.

Sec. 108. General provisions.

TITLE II—PROVISIONS RELATING TO MENTAL HEALTH

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

Sec. 202. 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.

Sec. 207. Requirement relating to the rights of residents of certain facilities.

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.

Sec. 305. Nondiscrimination and institutional safeguards for religious providers.

Sec. 306. Alcohol and drug prevention or treatment services for Indians and Native Alaskans.

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.

Sec. 406. Individuals with co-occurring disorders.

Sec. 407. Services for individuals with co-occurring disorders.

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:
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1 ‘‘PART G—PROJECTS FOR CHILDREN AND VIOLENCE

2 ‘‘SEC. 581. CHILDREN AND VIOLENCE.

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

4 with the Secretary of Education and the Attorney General,

5 shall carry out directly or through grants, contracts or coop6 erative agreements with public entities a program to assist

7 local communities in developing ways to assist children in

8 dealing with violence.

9 ‘‘(b) ACTIVITIES.—Under the program under sub10 section (a), the Secretary may—

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

12 communities to implement programs to foster the

13 health and development of children;

14 ‘‘(2) provide technical assistance to local commu15 nities with respect to the development of programs de16 scribed in paragraph (1);

17 ‘‘(3) provide assistance to local communities in

18 the development of policies to address violence when

19 and if it occurs; and

20 ‘‘(4) assist in the creation of community part21 nerships among law enforcement, education systems

22 and mental health and substance abuse service sys23 tems.
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1 ‘‘(c) REQUIREMENTS.—An application for a grant,

2 contract or cooperative agreement under subsection (a) shall

3 demonstrate that—

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

5 create a partnership described in subsection (b)(4) to

6 address issues of violence in schools;

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

8 will provide a comprehensive method for addressing

9 violence, that will include—

10 ‘‘(A) security;

11 ‘‘(B) educational reform;

12 ‘‘(C) the review and updating of school poli13 cies;

14 ‘‘(D) alcohol and drug abuse prevention and

15 early intervention services;

16 ‘‘(E) mental health prevention and treat17 ment services; and

18 ‘‘(F) early childhood development and psy19 chosocial services; and

20 ‘‘(3) the applicant will use amounts received

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

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

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

24 shall ensure that grants, contracts or cooperative agree25 ments under subsection (a) will be distributed equitably
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1 among the regions of the country and among urban and

2 rural areas.

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

4 contract or cooperative agreement under subsection (a), the

5 period during which payments under such an award will

6 be made to the recipient may not exceed 5 years.

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

8 evaluation of each project carried out under this section and

9 shall disseminate the results of such evaluations to appro10 priate public and private entities.

11 ‘‘(g) INFORMATION AND EDUCATION.—The Secretary

12 shall establish comprehensive information and education

13 programs to disseminate the findings of the knowledge de14 velopment and application under this section to the general

15 public and to health care professionals.

16 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section,

18 $100,000,000 for fiscal year 2000, and such sums as may

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

20 ‘‘SEC. 582. GRANTS TO ADDRESS THE PROBLEMS OF PER21 SONS WHO EXPERIENCE VIOLENCE RELATED

22 STRESS.

23 ‘‘(a) IN GENERAL.—The Secretary shall award grants,

24 contracts or cooperative agreements to public and nonprofit

25 private entities, as well as to Indian tribes and tribal orga-
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1 nizations, for the purpose of establishing a national and

2 regional centers of excellence on psychological trauma re3 sponse and for developing knowledge with regard to evi4 dence-based practices for treating psychiatric disorders re5 sulting from witnessing or experiencing such stress.

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

7 cooperative agreements under subsection (a) related to the

8 development of knowledge on evidence-based practices for

9 treating disorders associated with psychological trauma, the

10 Secretary shall give priority to programs that work with

11 children, adolescents, adults, and families who are survivors

12 and witnesses of domestic, school and community violence

13 and terrorism.

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

15 shall ensure that grants, contracts or cooperative agree16 ments under subsection (a) with respect to centers of excel17 lence are distributed equitably among the regions of the

18 country and among urban and rural areas.

19 ‘‘(d) EVALUATION.—The Secretary, as part of the ap20 plication process, shall require that each applicant for a

21 grant, contract or cooperative agreement under subsection

22 (a) submit a plan for the rigorous evaluation of the activi23 ties funded under the grant, contract or agreement, includ24 ing both process and outcomes evaluation, and the submis25 sion of an evaluation at the end of the project period.
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1 ‘‘(e) DURATION OF AWARDS.—With respect to a grant,

2 contract or cooperative agreement under subsection (a), the

3 period during which payments under such an award will

4 be made to the recipient may not exceed 5 years. Such

5 grants, contracts or agreements may be renewed.

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated to carry out this section,

8 $50,000,000 for fiscal year 2000, and such sums as may

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

10 SEC. 102. EMERGENCY RESPONSE.

11 Section 501 of the Public Health Service Act (42

12 U.S.C. 290aa) is amended—

13 (1) by redesignating subsection (m) as subsection

14 (o);

15 (2) by inserting after subsection (l) the following:

16 ‘‘(m) EMERGENCY RESPONSE.—

17 ‘‘(1) IN GENERAL.—Notwithstanding section 504

18 and except as provided in paragraph (2), the Sec19 retary may use not to exceed 3 percent of all amounts

20 appropriated under this title for a fiscal year to make

21 noncompetitive grants, contracts or cooperative agree22 ments to public entities to enable such entities to ad23 dress emergency substance abuse or mental health

24 needs in local communities.
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1 ‘‘(2) EXCEPTIONS.—Amounts appropriated

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

3 ‘‘(3) EMERGENCIES.—The Secretary shall estab4 lish criteria for determining that a substance abuse or

5 mental health emergency exists and publish such cri6 teria in the Federal Register prior to providing funds

7 under this subsection.

8 ‘‘(n) LIMITATION ON THE USE OF CERTAIN INFORMA9 TION.—No information, if an establishment or person sup10 plying the information or described in it is identifiable, ob11 tained in the course of activities undertaken or supported

12 under this title may be used for any purpose other than

13 the purpose for which it was supplied unless such establish14 ment or person has consented (as determined under regula15 tions of the Secretary) to its use for such other purpose.

16 Such information may not be published or released in other

17 form if the person who supplied the information or who

18 is described in it is identifiable unless such person has con19 sented (as determined under regulations of the Secretary)

20 to its publication or release in other form.’’; and

21 (3) in subsection (o) (as so redesignated), by

22 striking ‘‘1993’’ and all that follows through the pe23 riod and inserting ‘‘2000, and such sums as may be

24 necessary for each of the fiscal years 2001 and 2002.’’.
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1 SEC. 103. HIGH RISK YOUTH REAUTHORIZATION.

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

3 U.S.C. 290bb–23(h)) is amended by striking ‘‘$70,000,000’’

4 and all that follows through ‘‘1994’’ and inserting ‘‘such

5 sums as may be necessary for each of the fiscal years 2000

6 through 2002’’.

7 SEC. 104. SUBSTANCE ABUSE TREATMENT SERVICES FOR

8 CHILDREN AND ADOLESCENTS.

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

10 Service Act (42 U.S.C. 290bb et seq.) is amended by adding

11 at the end the following:

12 ‘‘SEC. 514. SUBSTANCE ABUSE TREATMENT SERVICES FOR

13 CHILDREN AND ADOLESCENTS.

14 ‘‘(a) IN GENERAL.—The Secretary shall award grants,

15 contracts, or cooperative agreements to public and private

16 nonprofit entities, including Native Alaskan entities and

17 Indian tribes and tribal organizations, for the purpose of

18 providing substance abuse treatment services for children

19 and adolescents.

20 ‘‘(b) PRIORITY.—In awarding grants, contracts, or co21 operative agreements under subsection (a), the Secretary

22 shall give priority to applicants who propose to—

23 ‘‘(1) apply evidenced-based and cost effective

24 methods for the treatment of substance abuse among

25 children and adolescents;
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1 ‘‘(2) coordinate the provision of treatment serv2 ices with other social service agencies in the commu3 nity, including educational, juvenile justice, child

4 welfare, and mental health agencies;

5 ‘‘(3) provide a continuum of integrated treat6 ment services, including case management, for chil7 dren and adolescents with substance abuse disorders

8 and their families;

9 ‘‘(4) provide treatment that is gender-specific

10 and culturally appropriate;

11 ‘‘(5) involve and work with families of children

12 and adolescents receiving treatment;

13 ‘‘(6) provide aftercare services for children and

14 adolescents and their families after completion of sub15 stance abuse treatment; and

16 ‘‘(7) address the relationship between substance

17 abuse and violence.

18 ‘‘(c) DURATION OF GRANTS.—The Secretary shall

19 award grants, contracts, or cooperative agreements under

20 subsection (a) for periods not to exceed 5 fiscal years.

21 ‘‘(d) APPLICATION.—An entity desiring a grant, con22 tract, or cooperative agreement under subsection (a) shall

23 submit an application to the Secretary at such time, in

24 such manner, and accompanied by such information as the

25 Secretary may reasonably require.
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1 ‘‘(e) EVALUATION.—An entity that receives a grant,

2 contract, or cooperative agreement under subsection (a)

3 shall submit, in the application for such grant, contract,

4 or cooperative agreement, a plan for the evaluation of any

5 project undertaken with funds provided under this section.

6 Such entity shall provide the Secretary with periodic eval7 uations of the progress of such project and such evaluation

8 at the completion of such project as the Secretary deter9 mines to be appropriate.

10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated to carry out this section,

12 $40,000,000 for fiscal year 2000, and such sums as may

13 be necessary for fiscal years 2001 and 2002.

14 ‘‘SEC. 514A. EARLY INTERVENTION SERVICES FOR CHIL15 DREN AND ADOLESCENTS.

16 ‘‘(a) IN GENERAL.—The Secretary shall award grants,

17 contracts, or cooperative agreements to public and private

18 nonprofit entities, including local educational agencies (as

19 defined in section 14101 of the Elementary and Secondary

20 Education Act of 1965 (20 U.S.C. 8801)), for the purpose

21 of providing early intervention substance abuse services for

22 children and adolescents.

23 ‘‘(b) PRIORITY.—In awarding grants, contracts, or co24 operative agreements under subsection (a), the Secretary
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1 shall give priority to applicants who demonstrate an ability

2 to—

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

4 abuse by children and adolescents;

5 ‘‘(2) make appropriate referrals for children and

6 adolescents who are in need of treatment for substance

7 abuse;

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

11 and adolescents who are at risk for substance abuse;

12 and

13 ‘‘(4) develop networks with the educational, juve14 nile justice, social services, and other agencies and or15 ganizations in the State or local community involved

16 that will work to identify children and adolescents

17 who are in need of substance abuse treatment services.

18 ‘‘(c) CONDITION.—In awarding grants, contracts, or

19 cooperative agreements under subsection (a), the Secretary

20 shall ensure that such grants, contracts, or cooperative

21 agreements are allocated, subject to the availability of quali22 fied applicants, among the principal geographic regions of

23 the United States, to Indian tribes and tribal organizations,

24 and to urban and rural areas.
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1 ‘‘(d) DURATION OF GRANTS.—The Secretary shall

2 award grants, contracts, or cooperative agreements under

3 subsection (a) for periods not to exceed 5 fiscal years.

4 ‘‘(e) APPLICATION.—An entity desiring a grant, con5 tract, or cooperative agreement under subsection (a) shall

6 submit an application to the Secretary at such time, in

7 such manner, and accompanied by such information as the

8 Secretary may reasonably require.

9 ‘‘(f) EVALUATION.—An entity that receives a grant,

10 contract, or cooperative agreement under subsection (a)

11 shall submit, in the application for such grant, contract,

12 or cooperative agreement, a plan for the evaluation of any

13 project undertaken with funds provided under this section.

14 Such entity shall provide the Secretary with periodic eval15 uations of the progress of such project and such evaluation

16 at the completion of such project as the Secretary deter17 mines to be appropriate.

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

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

20 $20,000,000 for fiscal year 2000, and such sums as may

21 be necessary for fiscal years 2001 and 2002.

22 ‘‘SEC. 514B. YOUTH INTERAGENCY RESEARCH, TRAINING,

23 AND TECHNICAL ASSISTANCE CENTERS.

24 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary, acting

25 through the Administrator of the Substance Abuse and Men-
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1 tal Health Services Administration, and in consultation

2 with the Administrator of the Office of Juvenile Justice and

3 Delinquency Prevention, the Director of the Bureau of Jus4 tice Assistance and the Director of the National Institutes

5 of Health, shall award grants or contracts to public or non6 profit private entities to establish not more than 4 research,

7 training, and technical assistance centers to carry out the

8 activities described in subsection (c).

9 ‘‘(b) APPLICATION.—A public or private nonprofit en10 tity desiring a grant or contract under subsection (a) shall

11 prepare and submit an application to the Secretary at such

12 time, in such manner, and containing such information as

13 the Secretary may require.

14 ‘‘(c) AUTHORIZED ACTIVITIES.—A center established

15 under a grant or contract under subsection (a) shall—

16 ‘‘(1) provide training with respect to state-of-the17 art mental health and justice-related services and suc18 cessful mental health and substance abuse-justice col19 laborations that focus on children and adolescents, to

20 public policymakers, law enforcement administrators,

21 public defenders, police, probation officers, judges, pa22 role officials, jail administrators and mental health

23 and substance abuse providers and administrators;

24 ‘‘(2) engage in research and evaluations con25 cerning State and local justice and mental health sys-
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1 tems, including system redesign initiatives, and dis2 seminate information concerning the results of such

3 evaluations;

4 ‘‘(3) provide direct technical assistance, includ5 ing assistance provided through toll-free telephone

6 numbers, concerning issues such as how to accommo7 date individuals who are being processed through the

8 courts under the Americans with Disabilities Act of

9 1990 (42 U.S.C. 12101 et seq.), what types of mental

10 health or substance abuse service approaches are effec11 tive within the judicial system, and how community12 based mental health or substance abuse services can be

13 more effective, including relevant regional, ethnic,

14 and gender-related considerations; and

15 ‘‘(4) provide information, training, and tech16 nical assistance to State and local governmental offi17 cials to enhance the capacity of such officials to pro18 vide appropriate services relating to mental health or

19 substance abuse.

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

21 purpose of carrying out this section, there is authorized to

22 be appropriated $4,000,000 for fiscal year 2000, and such

23 sums as may be necessary for fiscal years 2001 and 2002.
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1 ‘‘SEC. 514C. PREVENTION OF METHAMPHETAMINE AND IN2 HALANT ABUSE AND ADDICTION.

3 ‘‘(a) GRANTS.—The Director of the Center for Sub4 stance Abuse Prevention (referred to in this section as the

5 ‘Director’) may make grants to and enter into contracts and

6 cooperative agreements with public and nonprofit private

7 entities to enable such entities—

8 ‘‘(1) to carry out school-based programs con9 cerning the dangers of methamphetamine or inhalant

10 abuse and addiction, using methods that are effective

11 and evidence-based, including initiatives that give

12 students the responsibility to create their own anti13 drug abuse education programs for their schools; and

14 ‘‘(2) to carry out community-based methamphet15 amine or inhalant abuse and addiction prevention

16 programs that are effective and evidence-based.

17 ‘‘(b) USE OF FUNDS.—Amounts made available under

18 a grant, contract or cooperative agreement under subsection

19 (a) shall be used for planning, establishing, or admin20 istering methamphetamine or inhalant prevention pro21 grams in accordance with subsection (c).

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

23 ‘‘(1) IN GENERAL.—Amounts provided under

24 this section may be used—

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

26 that are focused on those districts with high or
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1 increasing rates of methamphetamine or inhal2 ant abuse and addiction and targeted at popu3 lations which are most at risk to start meth4 amphetamine or inhalant abuse;

5 ‘‘(B) to carry out community-based preven6 tion programs that are focused on those popu7 lations within the community that are most at8 risk for methamphetamine or inhalant abuse and

9 addiction;

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

11 conduct appropriate methamphetamine or inhal12 ant prevention activities;

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

14 law enforcement officials, prevention and edu15 cation officials, members of community anti16 drug coalitions and parents on the signs of meth17 amphetamine or inhalant abuse and addiction

18 and the options for treatment and prevention;

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

20 educational activities related to the prevention of

21 methamphetamine or inhalant abuse and addic22 tion;

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

24 methamphetamine or inhalant prevention activi-
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1 ties, and reporting and disseminating resulting

2 information to the public; and

3 ‘‘(G) for targeted pilot programs with eval4 uation components to encourage innovation and

5 experimentation with new methodologies.

6 ‘‘(2) PRIORITY.—The Director shall give priority

7 in making grants under this section to rural and

8 urban areas that are experiencing a high rate or

9 rapid increases in methamphetamine or inhalant

10 abuse and addiction.

11 ‘‘(d) ANALYSES AND EVALUATION.—

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

13 amount available in each fiscal year to carry out this

14 section shall be made available to the Director, acting

15 in consultation with other Federal agencies, to sup16 port and conduct periodic analyses and evaluations of

17 effective prevention programs for methamphetamine

18 or inhalant abuse and addiction and the development

19 of appropriate strategies for disseminating informa20 tion about and implementing these programs.

21 ‘‘(2) ANNUAL REPORTS.—The Director shall sub22 mit to the Committee on Health, Education, Labor,

23 and Pensions and the Committee on Appropriations

24 of the Senate and the Committee on Commerce and

25 Committee on Appropriations of the House of Rep-
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1 resentatives, an annual report with the results of the

2 analyses and evaluation under paragraph (1).

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out subsection (a),

5 $10,000,000 for fiscal year 2000, and such sums as may

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

7 SEC. 105. COMPREHENSIVE COMMUNITY SERVICES FOR

8 CHILDREN WITH SERIOUS EMOTIONAL DIS9 TURBANCE.

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

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

12 amended by striking ‘‘fifth’’ and inserting ‘‘fifth and sixth’’.

13 (b) FLEXIBILITY FOR INDIAN TRIBES AND TERRI14 TORIES.—Section 562 of the Public Health Service Act (42

15 U.S.C. 290ff–1) is amended by adding at the end the fol16 lowing:

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

18 of the requirements of subsection (c) for a public entity that

19 is an Indian Tribe or tribal organization, or American

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

21 of Micronesia, the Commonwealth of the Northern Mariana

22 Islands, the Republic of Palau, or the United States Virgin

23 Islands if the Secretary determines, after peer review, that

24 the system of care is family-centered and uses the least re25 strictive environment that is clinically appropriate.’’.
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1 (c) DURATION OF GRANTS.—Section 565(a) of the

2 Public Health Service Act (42 U.S.C. 290ff–4(a)) is amend3 ed by striking ‘‘5 fiscal’’ and inserting ‘‘6 fiscal’’.

4 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

5 565(f)(1) of the Public Health Service Act (42 U.S.C. 290ff–

6 4(f)(1)) is amended by striking ‘‘1993’’ and all that follows

7 and inserting ‘‘2000, and such sums as may be necessary

8 for each of the fiscal years 2001 and 2002.’’.

9 (e) CURRENT GRANTEES.—

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

11 under section 561 of the Public Health Service Act

12 (42 U.S.C. 290ff) on the date of enactment of this Act

13 shall be eligible to receive a 6th year of funding under

14 the grant in an amount not to exceed the amount that

15 such grantee received in the 5th year of funding under

16 such grant. Such 6th year may be funded without re17 quiring peer and Advisory Council review as required

18 under section 504 of such Act (42 U.S.C. 290aa–3).

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

20 with respect to a grantee only if the grantee agrees to

21 comply with the provisions of section 561 as amended

22 by subsection (a).

23 SEC. 106. SERVICES FOR CHILDREN OF SUBSTANCE ABUS24 ERS.

25 (a) ADMINISTRATION AND ACTIVITIES.—
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1 (1) ADMINISTRATION.—Section 399D(a) of the

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

3 amended—

4 (A) in paragraph (1), by striking ‘‘Admin5 istrator’’ and all that follows through ‘‘Adminis6 tration’’ and insert ‘‘Administrator of the Sub7 stance Abuse and Mental Health Services Ad8 ministration’’; and

9 (B) in paragraph (2), by striking ‘‘Admin10 istrator of the Substance Abuse and Mental

11 Health Services Administration’’ and inserting

12 ‘‘Administrator of the Health Resources and

13 Services Administration’’.

14 (2) ACTIVITIES.—Section 399D(a)(1) of the Pub15 lic Health Service Act (42 U.S.C. 280d(a)(1)) is

16 amended—

17 (A) in subparagraph (B), by striking ‘‘and’’

18 at the end;

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

20 period and inserting the following: ‘‘through

21 youth service agencies, family social services,

22 child care providers, Head Start, schools and

23 after-school programs, early childhood develop24 ment programs, community-based family re25 source and support centers, the criminal justice
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1 system, health, substance abuse and mental

2 health providers through screenings conducted

3 during regular childhood examinations and other

4 examinations, self and family member referrals,

5 substance abuse treatment services, and other

6 providers of services to children and families;

7 and’’; and

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

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

10 health, substance abuse and mental health profes11 sionals, and other providers of services to chil12 dren and families through youth service agencies,

13 family social services, child care, Head Start,

14 schools and after-school programs, early child15 hood development programs, community-based

16 family resource and support centers, the crimi17 nal justice system, and other providers of services

18 to children and families.’’.

19 (3) IDENTIFICATION OF CERTAIN CHILDREN.—

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

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

22 (A) in clause (i), by striking ‘‘(i) the enti23 ty’’ and inserting ‘‘(i)(I) the entity’’;

24 (B) in clause (ii)—
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1 (i) by striking ‘‘(ii) the entity’’ and in2 serting ‘‘(II) the entity’’; and

3 (ii) by striking the period and insert4 ing ‘‘; and’’; and

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

6 ‘‘(ii) the entity will identify children

7 who may be eligible for medical assistance

8 under a State program under title XIX or

9 XXI of the Social Security Act.’’.

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

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

12 amended—

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

14 drug,’’ after ‘‘psychological,’’;

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

16 following:

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

18 and alcohol early intervention, treatment and preven19 tion services.’’; and

20 (3) by inserting after paragraph (8), the fol21 lowing:

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

23 (8) by a public health nurse, social worker, or similar pro24 fessional, or by a trained worker from the community who

25 is supervised by a professional, or by an entity, where the
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1 professional or entity provides assurances that the profes2 sional or entity is licensed or certified by the State if re3 quired and is complying with applicable licensure or cer4 tification requirements.’’.

5 (c) SERVICES FOR AFFECTED FAMILIES.—Section

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

7 280d(c)) is amended—

8 (1) in paragraph (1)—

9 (A) in the matter preceding subparagraph

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

11 ‘‘, or by an entity, where the professional or enti12 ty provides assurances that the professional or

13 entity is licensed or certified by the State if re14 quired and is complying with applicable licen15 sure or certification requirements’’; and

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

17 ‘‘(D) Aggressive outreach to family members

18 with substance abuse problems.

19 ‘‘(E) Inclusion of consumer in the develop20 ment, implementation, and monitoring of Fam21 ily Services Plan.’’;

22 (2) in paragraph (2)—

23 (A) by striking subparagraph (A) and in24 serting the following:
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1 ‘‘(A) Alcohol and drug treatment services,

2 including screening and assessment, diagnosis,

3 detoxification, individual, group and family

4 counseling, relapse prevention, pharmacotherapy

5 treatment, after-care services, and case manage6 ment.’’;

7 (B) in subparagraph (C), by striking ‘‘, in8 cluding educational and career planning’’ and

9 inserting ‘‘and counseling on the human im10 munodeficiency virus and acquired immune defi11 ciency syndrome’’;

12 (C) in subparagraph (D), by striking ‘‘con13 flict and’’; and

14 (D) in subparagraph (E), by striking ‘‘Re15 medial’’ and inserting ‘‘Career planning and’’;

16 and

17 (3) in paragraph (3)(D), by inserting ‘‘which in18 clude child abuse and neglect prevention techniques’’

19 before the period.

20 (d) ELIGIBLE ENTITIES.—Section 399D(d) of the Pub21 lic Health Service Act (42 U.S.C. 280d(d)) is amended—

22 (1) by striking the matter preceding paragraph

23 (1) and inserting:

24 ‘‘(d) ELIGIBLE ENTITIES.—The Secretary shall dis25 tribute the grants through the following types of entities:’’;
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1 (2) in paragraph (1), by striking ‘‘drug treat2 ment’’ and inserting ‘‘drug early intervention, pre3 vention or treatment; and

4 (3) in paragraph (2)—

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

6 and’’ and inserting ‘‘; or’’; and

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

8 pediatric health or mental health providers and

9 family mental health providers’’ before the pe10 riod.

11 (e) SUBMISSION OF INFORMATION.—Section 399D(h)

12 of the Public Health Service Act (42 U.S.C. 280d(h)) is

13 amended—

14 (1) in paragraph (2)—

15 (A) by inserting ‘‘including maternal and

16 child health’’ before ‘‘mental’’;

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

18 (C) by striking ‘‘and the State agency re19 sponsible for administering public maternal and

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

21 agency responsible for administering alcohol and

22 drug programs, the State lead agency, and the

23 State Interagency Coordinating Council under

24 part H of the Individuals with Disabilities Edu25 cation Act; and’’; and
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1 (2) by striking paragraph (3) and redesignating

2 paragraph (4) as paragraph (3).

3 (f) REPORTS TO THE SECRETARY.—Section

4 399D(i)(6) of the Public Health Service Act (42 U.S.C.

5 280d(i)(6)) is amended—

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

7 the end; and

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

9 and inserting the following:

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

11 professionals trained to identify and address sub12 stance abuse issues.’’.

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

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

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

16 end;

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

18 and inserting the following: ‘‘, including increased

19 participation in work or employment-related activi20 ties and decreased participation in welfare pro21 grams.’’; and

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

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

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

25 amended—
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1 (1) in paragraph (2), by adding ‘‘and’’ at the

2 end;

3 (2) in paragraph (3)—

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

5 at the end;

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

7 semicolon and inserting a period; and

8 (C) by striking subparagraphs (C), (D), and

9 (E); and

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

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

12 Health Service Act (42 U.S.C. 280d(n)) is amended by add13 ing at the end the following: ‘‘The periodic report shall in14 clude a quantitative estimate of the prevalence of alcohol

15 and drug problems in families involved in the child welfare

16 system, the barriers to treatment and prevention services

17 facing these families, and policy recommendations for re18 moving the identified barriers, including training for child

19 welfare workers.’’.

20 (j) DEFINITION.—Section 399D(o)(2)(B) of the Public

21 Health Service Act (42 U.S.C. 280d(o)(2)(B)) is amended

22 by striking ‘‘dangerous’’.

23 (k) AUTHORIZATION OF APPROPRIATIONS.—Section

24 399D(p) of the Public Health Service Act (42 U.S.C.

25 280d(p)) is amended to read as follows:
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1 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purpose of carrying out this section, there are authorized

3 to be appropriated $50,000,000 for fiscal year 2000, and

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

5 and 2002.’’.

6 (l) GRANTS FOR TRAINING AND CONFORMING AMEND7 MENTS.—Section 399D of the Public Health Service Act (42

8 U.S.C. 280d) is amended—

9 (1) by striking subsection (f);

10 (2) by striking subsection (k);

11 (3) by redesignating subsections (d), (e), (g), (h),

12 (i), (j), (l), (m), (n), (o), and (p) as subsections (e)

13 through (o), respectively;

14 (4) by inserting after subsection (c), the fol15 lowing:

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

17 CHILDREN AND FAMILIES.—The Secretary may make a

18 grant under subsection (a) for the training of health, sub19 stance abuse and mental health professionals and other pro20 viders of services to children and families through youth

21 service agencies, family social services, child care providers,

22 Head Start, schools and after-school programs, early child23 hood development programs, community-based family re24 source centers, the criminal justice system, and other pro25 viders of services to children and families. Such training
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1 shall be to assist professionals in recognizing the drug and

2 alcohol problems of their clients and to enhance their skills

3 in identifying and understanding the nature of substance

4 abuse, and obtaining substance abuse early intervention,

5 prevention and treatment resources.’’;

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

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

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

9 (m) (as so redesignated), by striking ‘‘(d)’’ and insert10 ing ‘‘(e)’’.

11 (m) TRANSFER AND REDESIGNATION.—Section 399D

12 of the Public Health Service Act (42 U.S.C. 280d), as

13 amended by this section—

14 (1) is transferred to title V;

15 (2) is redesignated as section 519; and

16 (3) is inserted after section 518.

17 (n) CONFORMING AMENDMENT.—Title III of the Pub18 lic Health Service Act (42 U.S.C. 241 et seq.) is amended

19 by striking the heading of part L.

20 SEC. 107. SERVICES FOR YOUTH OFFENDERS.

21 Subpart 3 of part B of title V of the Public Health

22 Service Act (42 U.S.C. 290bb–31 et seq.) is amended by

23 adding at the end the following:
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1 ‘‘SEC. 520C. SERVICES FOR YOUTH OFFENDERS.

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

3 Director of the Center for Mental Health Services, and in

4 consultation with the Director of the Center for Substance

5 Abuse Treatment, the Administrator of the Office of Juve6 nile Justice and Delinquency Prevention, and the Director

7 of the Special Education Programs, shall award grants on

8 a competitive basis to State or local juvenile justice agencies

9 to enable such agencies to provide aftercare services for

10 youth offenders who have been discharged from facilities in

11 the juvenile or criminal justice system and have serious

12 emotional disturbances or are at risk of developing such dis13 turbances.

14 ‘‘(b) USE OF FUNDS.—A State or local juvenile justice

15 agency receiving a grant under subsection (a) shall use the

16 amounts provided under the grant—

17 ‘‘(1) to develop a plan describing the manner in

18 which the agency will provide services for each youth

19 offender who has a serious emotional disturbance and

20 has been detained or incarcerated in facilities within

21 the juvenile or criminal justice system;

22 ‘‘(2) to provide a network of core or aftercare

23 services or access to such services for each youth of24 fender, including diagnostic and evaluation services,

25 substance abuse treatment services, outpatient mental

26 health care services, medication management services,
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1 intensive home-based therapy, intensive day treatment

2 services, respite care, and therapeutic foster care;

3 ‘‘(3) to establish a program that coordinates with

4 other State and local agencies providing recreational,

5 social, educational, vocational, or operational services

6 for youth, to enable the agency receiving a grant

7 under this section to provide community-based system

8 of care services for each youth offender that addresses

9 the special needs of the youth and helps the youth ac10 cess all of the aforementioned services; and

11 ‘‘(4) using not more than 20 percent of funds re12 ceived, to provide planning and transition services as

13 described in paragraph (3) for youth offenders while

14 such youth are incarcerated or detained.

15 ‘‘(c) APPLICATION.—A State or local juvenile justice

16 agency that desires a grant under subsection (a) shall sub17 mit an application to the Secretary at such time, in such

18 manner, and accompanied by such information as the Sec19 retary may reasonably require.

20 ‘‘(d) REPORT.—Not later than 1 year after the date

21 of enactment of this section and annually thereafter, a State

22 or local juvenile justice agency receiving a grant under sub23 section (a) shall submit to the Secretary a report describing

24 the programs carried out pursuant to this section.

25 ‘‘(e) DEFINITIONS.—In this section:
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1 ‘‘(1) SERIOUS EMOTIONAL DISTURBANCE.—The

2 term ‘serious emotional disturbance’ with respect to a

3 youth offender means an offender who currently, or at

4 any time within the 1-year period ending on the day

5 on which services are sought under this section, has

6 a diagnosable mental, behavioral, or emotional dis7 order that functionally impairs the offender’s life by

8 substantially limiting the offender’s role in family,

9 school, or community activities, and interfering with

10 the offender’s ability to achieve or maintain 1 or

11 more developmentally-appropriate social, behavior,

12 cognitive, communicative, or adaptive skills.

13 ‘‘(2) COMMUNITY-BASED SYSTEM OF CARE.—The

14 term ‘community-based system of care’ means the pro15 vision of services for the youth offender by various

16 State or local agencies that in an interagency fashion

17 or operating as a network addresses the recreational,

18 social, educational, vocational, mental health, sub19 stance abuse, and operational needs of the youth of20 fender.

21 ‘‘(3) YOUTH OFFENDER.—The term ‘youth of22 fender’ means an individual who is 21 years of age

23 or younger who has been discharged from a State or

24 local juvenile or criminal justice system, except that

25 if the individual is between the ages of 18 and 21
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1 years, such individual has had contact with the State

2 or local juvenile or criminal justice system prior to

3 attaining 18 years of age and is under the jurisdic4 tion of such a system at the time services are sought.

5 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to carry out this section

7 $40,000,000 for fiscal year 2000, and such sums as may

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

9 SEC. 108. GENERAL PROVISIONS.

10 (a) DUTIES OF THE CENTER FOR SUBSTANCE ABUSE

11 TREATMENT.—Section 507(b) of the Public Health Service

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

13 (1) by redesignating paragraphs (2) through (12)

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

15 (2) by inserting after paragraph (1), the fol16 lowing:

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

18 and adolescents in the development of treatment pro19 grams;’’.

20 (b) DUTIES OF THE OFFICE FOR SUBSTANCE ABUSE

21 PREVENTION.—Section 515(b)(9) of the Public Health Serv22 ice Act (42 U.S.C. 290bb–2(b)(9)) is amended by striking

23 ‘‘public concerning’’ and inserting ‘‘public, especially ado24 lescent 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 Act

3 (42 U.S.C. 290bb–3(b)) is amended—

4 (1) by redesignating paragraphs (3) through (14)

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

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

8 ‘‘(3) collaborate with the Department of Edu9 cation and the Department of Justice to develop pro10 grams to assist local communities in addressing vio11 lence among children and adolescents;’’.

12 TITLE II—PROVISIONS

13 RELATING TO MENTAL HEALTH

14 SEC. 201. PRIORITY MENTAL HEALTH NEEDS OF REGIONAL

15 AND NATIONAL SIGNIFICANCE.

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

17 Service Act (42 U.S.C. 290bb–32) is amended to read as

18 follows:

19 ‘‘SEC. 520A. PRIORITY MENTAL HEALTH NEEDS OF RE20 GIONAL AND NATIONAL SIGNIFICANCE.

21 ‘‘(a) PROJECTS.—The Secretary shall address priority

22 mental health needs of regional and national significance

23 (as determined under subsection (b)) through the provision

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

2 projects for prevention, treatment, and rehabilitation,

3 and the conduct or support of evaluations of such

4 projects;

5 ‘‘(2) training and technical assistance programs;

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

7 ‘‘(4) systems change grants including statewide

8 family network grants and client-oriented and con9 sumer run self-help activities.

10 The Secretary may carry out the activities described in this

11 subsection directly or through grants, contracts, or coopera12 tive agreements with States, political subdivisions of States,

13 Indian tribes and tribal organizations, other public or pri14 vate nonprofit entities.

15 ‘‘(b) PRIORITY MENTAL HEALTH NEEDS.—

16 ‘‘(1) DETERMINATION OF NEEDS.—Priority men17 tal health needs of regional and national significance

18 shall be determined by the Secretary in consultation

19 with States and other interested groups. The Sec20 retary shall meet with the States and interested

21 groups on an annual basis to discuss program prior22 ities.

23 ‘‘(2) SPECIAL CONSIDERATION.—In developing

24 program priorities described in paragraph (1), the

25 Secretary, in conjunction with the Director of the
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1 Center for Mental Health Services, the Director of the

2 Center for Substance Abuse Treatment, and the Ad3 ministrator of the Health Resources and Services Ad4 ministration, shall give special consideration to pro5 moting the integration of mental health services into

6 primary health care systems.

7 ‘‘(c) REQUIREMENTS.—

8 ‘‘(1) IN GENERAL.—Recipients of grants, con9 tracts, and cooperative agreements under this section

10 shall comply with information and application re11 quirements determined appropriate by the Secretary.

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

13 grant, contract, or cooperative agreement awarded

14 under this section, the period during which payments

15 under such award are made to the recipient may not

16 exceed 5 years.

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

18 projects carried out under subsection (a), require that

19 entities that apply for grants, contracts, or coopera20 tive agreements under this section provide non-Fed21 eral matching funds, as determined appropriate by

22 the Secretary, to ensure the institutional commitment

23 of the entity to the projects funded under the grant,

24 contract, or cooperative agreement. Such non-Federal

25 matching funds may be provided directly or through
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1 donations from public or private entities and may be

2 in cash or in kind, fairly evaluated, including plant,

3 equipment, or services.

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

5 activities for which a grant, contract or cooperative

6 agreement is awarded under this section, the Sec7 retary may require that recipients for specific projects

8 under subsection (a) agree to maintain expenditures

9 of non-Federal amounts for such activities at a level

10 that is not less than the level of such expenditures

11 maintained by the entity for the fiscal year preceding

12 the fiscal year for which the entity receives such a

13 grant, contract, or cooperative agreement.

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

15 project carried out under subsection (a)(1) and shall dis16 seminate the findings with respect to each such evaluation

17 to appropriate public and private entities.

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

19 shall establish information and education programs to dis20 seminate and apply the findings of the knowledge develop21 ment and application, training, and technical assistance

22 programs, and targeted capacity response programs, under

23 this section to the general public, to health care profes24 sionals, and to interested groups. The Secretary shall make

25 every effort to provide linkages between the findings of sup-
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1 ported projects and State agencies responsible for carrying

2 out mental health services.

3 ‘‘(f) AUTHORIZATION OF APPROPRIATION.—

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

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

6 for fiscal year 2000, and such sums as may be nec7 essary for each of the fiscal years 2001 and 2002.

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

9 not appropriated for a fiscal year to carry out section

10 1971 with respect to mental health, then the Secretary

11 shall make available, from the amounts appropriated

12 for such fiscal year under paragraph (1), an amount

13 equal to the sum of $6,000,000 and 10 percent of all

14 amounts appropriated for such fiscal year under such

15 paragraph in excess of $100,000,000, to carry out

16 such section 1971.’’.

17 (b) CONFORMING AMENDMENTS.—

18 (1) Section 303 of the Public Health Service Act

19 (42 U.S.C. 242a) is repealed.

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

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

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

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

24 repealed.
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1 SEC. 202. GRANTS FOR THE BENEFIT OF HOMELESS INDI2 VIDUALS.

3 Section 506 of the Public Health Service Act (42

4 U.S.C. 290aa–5) is amended to read as follows:

5 ‘‘SEC. 506. GRANTS FOR THE BENEFIT OF HOMELESS INDI6 VIDUALS.

7 ‘‘(a) IN GENERAL.—The Secretary shall award grants,

8 contracts and cooperative agreements to community-based

9 public and private nonprofit entities for the purposes of

10 providing mental health and substance abuse services for

11 homeless individuals. In carrying out this section, the Sec12 retary shall consult with the Interagency Council on the

13 Homeless, established under section 201 of the Stewart B.

14 McKinney Homeless Assistance Act (42 U.S.C. 11311).

15 ‘‘(b) PREFERENCES.—In awarding grants, contracts,

16 and cooperative agreements under subsection (a), the Sec17 retary shall give a preference to—

18 ‘‘(1) entities that provide integrated primary

19 health, substance abuse, and mental health services to

20 homeless individuals;

21 ‘‘(2) entities that demonstrate effectiveness in

22 serving runaway, homeless, and street youth;

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

24 substance abuse and mental health services to home25 less individuals;
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1 ‘‘(4) entities that demonstrate experience in pro2 viding housing for individuals in treatment for or in

3 recovery from mental illness or substance abuse; and

4 ‘‘(5) entities that demonstrate effectiveness in

5 serving homeless veterans.

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

7 awarding grants, contracts, and cooperative agreements

8 under subsection (a), the Secretary shall not—

9 ‘‘(1) prohibit the provision of services under such

10 subsection to homeless individuals who are suffering

11 from a substance abuse disorder and are not suffering

12 from a mental health disorder; and

13 ‘‘(2) make payments under subsection (a) to any

14 entity that has a policy of—

15 ‘‘(A) excluding individuals from mental

16 health services due to the existence or suspicion

17 of substance abuse; or

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

19 from substance abuse services due to the existence

20 or suspicion of mental illness.

21 ‘‘(d) TERM OF THE AWARDS.—No entity may receive

22 a grant, contract, or cooperative agreement under sub23 section (a) for more than 5 years.

24 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is

25 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 the fiscal years 2001 and 2002.’’.

3 SEC. 203. PROJECTS FOR ASSISTANCE IN TRANSITION

4 FROM HOMELESSNESS.

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

6 Public Health Service Act (42 U.S.C. 290cc–22) is amended

7 by adding at the end the following:

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

9 United States Virgin Islands, Guam, American Samoa,

10 Palau, the Marshall Islands, and the Commonwealth of the

11 Northern Mariana Islands, the Secretary may waive the

12 provisions of this part that the Secretary determines to be

13 appropriate.’’.

14 (b) AUTHORIZATION OF APPROPRIATION.—Section

15 535(a) of the Public Health Service Act (42 U.S.C. 290cc–

16 35(a)) is amended by striking ‘‘1991 through 1994’’ and

17 inserting ‘‘2000 through 2002’’.

18 SEC. 204. COMMUNITY MENTAL HEALTH SERVICES PER19 FORMANCE PARTNERSHIP BLOCK GRANT.

20 (a) CRITERIA FOR PLAN.—Section 1912(b) of the Pub21 lic Health Service Act (42 U.S.C. 300x–2(b)) is amended

22 by striking paragraphs (1) through (12) and inserting the

23 following:

24 ‘‘(1) COMPREHENSIVE COMMUNITY-BASED MEN25 TAL HEALTH SYSTEMS.—The plan provides for an or-
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1 ganized community-based system of care for individ2 uals with mental illness and describes available serv3 ices and resources in a comprehensive system of care,

4 including services for dually diagnosed individuals.

5 The description of the system of care shall include

6 health and mental health services, rehabilitation serv7 ices, employment services, housing services, edu8 cational services, substance abuse services, medical

9 and dental care, and other support services to be pro10 vided to individuals with Federal, State and local

11 public and private resources to enable such individ12 uals to function outside of inpatient or residential in13 stitutions to the maximum extent of their capabilities,

14 including services to be provided by local school sys15 tems under the Individuals with Disabilities Edu16 cation Act. The plan shall include a separate descrip17 tion of case management services and provide for ac18 tivities leading to reduction of hospitalization.

19 ‘‘(2) MENTAL HEALTH SYSTEM DATA AND EPIDE20 MIOLOGY.—The plan contains an estimate of the inci21 dence and prevalence in the State of serious mental

22 illness among adults and serious emotional disturb23 ance among children and presents quantitative tar24 gets to be achieved in the implementation of the sys25 tem described in paragraph (1).
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1 ‘‘(3) CHILDREN’S SERVICES.—In the case of chil2 dren with serious emotional disturbance, the plan—

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

4 for a system of integrated social services, edu5 cational services, juvenile services, and substance

6 abuse services that, together with health and

7 mental health services, will be provided in order

8 for such children to receive care appropriate for

9 their multiple needs (such system to include serv10 ices provided under the Individuals with Dis11 abilities Education Act);

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

13 1911 for the fiscal year involved will not be ex14 pended to provide any service under such system

15 other than comprehensive community mental

16 health services; and

17 ‘‘(C) provides for the establishment of a de18 fined geographic area for the provision of the

19 services of such system.

20 ‘‘(4) TARGETED SERVICES TO RURAL AND HOME21 LESS POPULATIONS.—The plan describes the State’s

22 outreach to and services for individuals who are

23 homeless and how community-based services will be

24 provided to individuals residing in rural areas.
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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 imple4 ment the plan, and provides for the training of pro5 viders of emergency health services regarding mental

6 health. The plan further describes the manner in

7 which the State intends to expend the grant under

8 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 subsection

11 with respect to both adults with serious mental illness and

12 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 the

18 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 the

23 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 Sec6 retary may exclude from the aggregate State expendi7 tures under subsection (a), funds appropriated to the

8 principle agency for authorized activities which are of

9 a non-recurring nature and for a specific purpose.’’.

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

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

12 amended to read as follows:

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

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

15 fiscal year for which a State is seeking funds, and the

16 report from the previous fiscal year as required under

17 section 1941 is received by December 1 of the fiscal

18 year of the grant;’’.

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

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

21 amended by striking ‘‘whose allotment under section 1911

22 for the fiscal year is the amount specified in section

23 1918(c)(2)(B)’’ and inserting in its place ‘‘except Puerto

24 Rico’’.
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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 ‘‘$450,000,000’’

5 and all that follows through the end and inserting

6 ‘‘$450,000,000 for fiscal year 2000, and such sums as

7 may be necessary for each of the fiscal years 2001 and

8 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 shall

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

18 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 Protection

22 and Advocacy for Mentally Ill Individuals Act of 1986

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

5 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 section

11 104(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 following:

21 ‘‘(ii) who satisfies the requirements of sub22 paragraph (A) and lives in a community setting,

23 including their own home.’’; and

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

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

26 means a consortium established under part C of the
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1 Developmental Disabilities Assistance and Bill of

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

3 (c) USE OF ALLOTMENTS.—Section 104 of the Protec4 tion and Advocacy for Individuals with Mental Illness Act

5 (as amended by subsection (a)) (42 U.S.C. 10804) is

6 amended by adding at the end the following:

7 ‘‘(d) The definition of ‘individual with a mental ill8 ness’ contained in section 102(4)(B)(iii) shall apply, and

9 thus an eligible system may use its allotment under this

10 title to provide representation to such individuals, only if

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

12 $30,000,000 or more, and in such case, an eligible system

13 must give priority to representing persons with mental ill14 ness as defined in subparagraphs (A) and (B)(i) of section

15 102(4).’’.

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

17 112(a) of the Protection and Advocacy for Individuals with

18 Mental Illness Act (as amended by subsection (a)) (42

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

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

21 of an eligible system shall be the product (rounded to

22 the nearest $100) of the appropriate base amount de23 termined under subparagraph (B) and the factor

24 specified in subparagraph (C).
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1 ‘‘(B) For purposes of subparagraph (A), the ap2 propriate base amount—

3 ‘‘(i) for American Samoa, Guam, the Mar4 shall Islands, the Federated States of Micronesia,

5 the Commonwealth of the Northern Mariana Is6 lands, the Republic of Palau, and the Virgin Is7 lands, is $139,300; and

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

9 ‘‘(C) The factor specified in this subparagraph is

10 the ratio of the amount appropriated under section

11 117 for the fiscal year for which the allotment is

12 being made to the amount appropriated under such

13 section for fiscal year 1995.

14 ‘‘(D) If the total amount appropriated for a fis15 cal year is at least $25,000,000, the Secretary shall

16 make an allotment in accordance with subparagraph

17 (A) to the eligible system serving the American In18 dian consortium.’’.

19 (e) TECHNICAL AMENDMENTS.—Section 112(a) of the

20 Protection and Advocacy for Individuals with Mental Ill21 ness Act (as amended by subsection (a)) (42 U.S.C.

22 10822(a)) is amended—

23 (1) in paragraph (1)(B), by striking ‘‘Trust Ter24 ritory of the Pacific Islands’’ and inserting ‘‘Marshall
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1 Islands, the Federated States of Micronesia, the Re2 public of Palau’’; and

3 (2) by striking paragraph (3).

4 (f) REAUTHORIZATION.—Section 117 of the Protection

5 and Advocacy for Individuals with Mental Illness Act (as

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

7 by striking ‘‘1995’’ and inserting ‘‘2002’’.

8 SEC. 207. REQUIREMENT RELATING TO THE RIGHTS OF

9 RESIDENTS OF CERTAIN FACILITIES.

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

11 290aa et seq.) is amended by adding at the end the fol12 lowing:

13 ‘‘PART H—REQUIREMENT RELATING TO THE

14 RIGHTS OF RESIDENTS OF CERTAIN FACILITIES

15 ‘‘SEC. 591. REQUIREMENT RELATING TO THE RIGHTS OF

16 RESIDENTS OF CERTAIN FACILITIES.

17 ‘‘(a) IN GENERAL.—A public or private general hos18 pital, nursing facility, intermediate care facility, residen19 tial treatment center, or other health care facility, that re20 ceives support in any form from any program supported

21 in whole or in part with funds appropriated to any Federal

22 department or agency shall protect and promote the rights

23 of each resident of the facility, including the right to be

24 free from physical or mental abuse, corporal punishment,
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1 and any physical or chemical restraints or involuntary se2 clusions imposed for purposes of discipline or convenience.

3 ‘‘(b) REQUIREMENTS.—Physical or chemical restraints

4 and seclusion may only be imposed on a resident of a facil5 ity described in subsection (a) if—

6 ‘‘(1) the restraints or seclusion are imposed to

7 ensure the physical safety of the resident, a staff

8 member, or others; and

9 ‘‘(2) the restraints or seclusion are imposed only

10 upon the written order of a physician, or other li11 censed independent practitioner permitted by the

12 State and the facility to order such restraint or seclu13 sion, that specifies the duration and circumstances

14 under which the restraints are to be used (except in

15 emergency circumstances specified by the Secretary

16 until such an order could reasonably be obtained).

17 ‘‘(c) CONSTRUCTION.—Nothing in this section shall be

18 construed as prohibiting the use of restraints for medical

19 immobilization, adaptive support, or medical protection.

20 ‘‘(d) DEFINITIONS.—In this section:

21 ‘‘(1) CHEMICAL RESTRAINT.—The term ‘chemical

22 restraint’ means the non-therapeutic use of a medica23 tion that—

24 ‘‘(A) is unrelated to the patient’s medical

25 condition; and
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1 ‘‘(B) is imposed for disciplinary purposes

2 or the convenience of staff.

3 ‘‘(2) PHYSICAL RESTRAINT.—The term ‘physical

4 restraint’ means any mechanical or personal restric5 tion that immobilizes or reduces the ability of an in6 dividual to move his or her arms, legs, or head freely.

7 Such term does not include devices, such as orthopedi8 cally prescribed devices, surgical dressings or ban9 dages, protective helmets, and other methods involving

10 the physical holding of a resident for the purpose of

11 conducting routine physical examinations or tests or

12 to protect the patient from falling out of bed or to

13 permit a patient to participate in activities without

14 the risk of physical harm to the patient.

15 ‘‘(3) SECLUSION.—The term ‘seclusion’ means

16 any separation of the resident from the general popu17 lation of the facility that prevents the resident from

18 returning to such population when he or she desires.

19 ‘‘SEC. 592. REPORTING REQUIREMENT.

20 ‘‘(a) IN GENERAL.— Each facility to which the Protec21 tion and Advocacy for Mentally Ill Individuals Act of 1986

22 applies shall notify the appropriate agency, as determined

23 by the Secretary, of each death that occurs at each such

24 facility while a patient is restrained, of each death occur25 ring within 24 hours of the deceased patient being re-
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1 strained or placed in seclusion, or where it is reasonable

2 to assume that a patient’s death is a result of such seclusion

3 or restraint. A notification under this section shall include

4 the name of the resident and shall be provided not later

5 than 7 days after the date of the death of the individual

6 involved.

7 ‘‘(b) FACILITY.—In this section, the term ‘facility’ has

8 the meaning given the term ‘facilities’ in section 102(3) of

9 the Protection and Advocacy for Mentally Ill Individuals

10 Act of 1986 (42 U.S.C. 10802(3)).’’.

11 ‘‘SEC. 593. REGULATIONS AND ENFORCEMENT.

12 ‘‘(a) TRAINING.—Not later than 1 year after the date

13 of enactment of this part, the Secretary, after consultation

14 with appropriate State and local protection and advocacy

15 organizations, physicians, facilities, and other health care

16 professionals and patients, shall promulgate regulations

17 that require facilities to which the Protection and Advocacy

18 for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801

19 et seq.) applies, to meet the requirements of subsection (b).

20 ‘‘(b) REQUIREMENTS.—The regulations promulgated

21 under subsection (a) shall require that—

22 ‘‘(1) facilities described in subsection (a) ensure

23 that there is an adequate number of qualified profes24 sional and supportive staff to evaluate patients, for25 mulate written individualized, comprehensive treat-
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1 ment plans, and to provide active treatment meas2 ures;

3 ‘‘(2) appropriate training be provided for the

4 staff of such facilities in the use of restraints and any

5 alternatives to the use of restraints; and

6 ‘‘(3) such facilities provide complete and accu7 rate notification of deaths, as required under section

8 582(a).

9 ‘‘(c) ENFORCEMENT.—A facility to which this part ap10 plies that fails to comply with any requirement of this part,

11 including a failure to provide appropriate training, shall

12 not be eligible for participation in any program supported

13 in whole or in part by funds appropriated to any Federal

14 department or agency.’’.

15 TITLE III—PROVISIONS RELAT16 ING TO SUBSTANCE ABUSE

17 SEC. 301. PRIORITY SUBSTANCE ABUSE TREATMENT NEEDS

18 OF REGIONAL AND NATIONAL SIGNIFICANCE.

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

20 Service Act (42 U.S.C. 290bb–1) is amended to read as fol21 lows:
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1 ‘‘SEC. 508. PRIORITY SUBSTANCE ABUSE TREATMENT

2 NEEDS OF REGIONAL AND NATIONAL SIGNIFI3 CANCE.

4 ‘‘(a) PROJECTS.—The Secretary shall address priority

5 substance abuse treatment needs of regional and national

6 significance (as determined under subsection (b)) through

7 the provision of or through assistance for—

8 ‘‘(1) knowledge development and application

9 projects for treatment and rehabilitation and the con10 duct or support of evaluations of such projects;

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

12 ‘‘(3) targeted capacity response programs.

13 The Secretary may carry out the activities described in this

14 section directly or through grants, contracts, or cooperative

15 agreements with States, political subdivisions of States, In16 dian tribes and tribal organizations, other public or non17 profit private entities.

18 ‘‘(b) PRIORITY SUBSTANCE ABUSE TREATMENT

19 NEEDS.—

20 ‘‘(1) IN GENERAL.—Priority substance abuse

21 treatment needs of regional and national significance

22 shall be determined by the Secretary after consulta23 tion with States and other interested groups. The Sec24 retary shall meet with the States and interested

25 groups on an annual basis to discuss program prior26 ities.
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1 ‘‘(2) SPECIAL CONSIDERATION.—In developing

2 program priorities under paragraph (1), the Sec3 retary, in conjunction with the Director of the Center

4 for Substance Abuse Treatment, the Director of the

5 Center for Mental Health Services, and the Adminis6 trator of the Health Resources and Services Adminis7 tration, shall give special consideration to promoting

8 the integration of substance abuse treatment services

9 into primary health care systems.

10 ‘‘(c) REQUIREMENTS.—

11 ‘‘(1) IN GENERAL.—Recipients of grants, con12 tracts, or cooperative agreements under this section

13 shall comply with information and application re14 quirements determined appropriate by the Secretary.

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

16 grant, contract, or cooperative agreement awarded

17 under this section, the period during which payments

18 under such award are made to the recipient may not

19 exceed 5 years.

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

21 projects carried out under subsection (a), require that

22 entities that apply for grants, contracts, or coopera23 tive agreements under that project provide non-Fed24 eral matching funds, as determined appropriate by

25 the Secretary, to ensure the institutional commitment
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1 of the entity to the projects funded under the grant,

2 contract, or cooperative agreement. Such non-Federal

3 matching funds may be provided directly or through

4 donations from public or private entities and may be

5 in cash or in kind, fairly evaluated, including plant,

6 equipment, or services.

7 ‘‘(4) MAINTENANCE OF EFFORT.—With respect to

8 activities for which a grant, contract, or cooperative

9 agreement is awarded under this section, the Sec10 retary may require that recipients for specific projects

11 under subsection (a) agree to maintain expenditures

12 of non-Federal amounts for such activities at a level

13 that is not less than the level of such expenditures

14 maintained by the entity for the fiscal year preceding

15 the fiscal year for which the entity receives such a

16 grant, contract, or cooperative agreement.

17 ‘‘(d) EVALUATION.—The Secretary shall evaluate each

18 project carried out under subsection (a)(1) and shall dis19 seminate the findings with respect to each such evaluation

20 to appropriate public and private entities.

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

22 shall establish comprehensive information and education

23 programs to disseminate and apply the findings of the

24 knowledge development and application, training and tech25 nical assistance programs, and targeted capacity response
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1 programs under this section to the general public, to health

2 professionals and other interested groups. The Secretary

3 shall make every effort to provide linkages between the find4 ings of supported projects and State agencies responsible for

5 carrying out substance abuse prevention and treatment pro6 grams.

7 ‘‘(f) AUTHORIZATION OF APPROPRIATION.—There are

8 authorized to be appropriated to carry out this section,

9 $300,000,000 for fiscal year 2000 and such sums as may

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

11 (b) CONFORMING AMENDMENTS.—The following sec12 tions of the Public Health Service Act are repealed:

13 (1) Section 509 (42 U.S.C. 290bb–2).

14 (2) Section 510 (42 U.S.C. 290bb–3).

15 (3) Section 511 (42 U.S.C. 290bb–4).

16 (4) Section 512 (42 U.S.C. 290bb–5).

17 (5) Section 571 (42 U.S.C. 290gg).

18 SEC. 302. PRIORITY SUBSTANCE ABUSE PREVENTION

19 NEEDS OF REGIONAL AND NATIONAL SIGNIFI20 CANCE.

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

22 Service Act (42 U.S.C. 290bb–1) is amended to read as fol23 lows:
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1 ‘‘SEC. 516. PRIORITY SUBSTANCE ABUSE PREVENTION

2 NEEDS OF REGIONAL AND NATIONAL SIGNIFI3 CANCE.

4 ‘‘(a) PROJECTS.—The Secretary shall address priority

5 substance abuse prevention needs of regional and national

6 significance (as determined under subsection (b)) through

7 the provision of or through assistance for—

8 ‘‘(1) knowledge development and application

9 projects for prevention and the conduct or support of

10 evaluations of such projects;

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

12 ‘‘(3) targeted capacity response programs.

13 The Secretary may carry out the activities described in this

14 section directly or through grants, contracts, or cooperative

15 agreements with States, political subdivisions of States, In16 dian tribes and tribal organizations, or other public or non17 profit private entities.

18 ‘‘(b) PRIORITY SUBSTANCE ABUSE PREVENTION

19 NEEDS.—

20 ‘‘(1) IN GENERAL.—Priority substance abuse

21 prevention needs of regional and national significance

22 shall be determined by the Secretary in consultation

23 with the States and other interested groups. The Sec24 retary shall meet with the States and interested

25 groups on an annual basis to discuss program prior26 ities.
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1 ‘‘(2) SPECIAL CONSIDERATION.—In developing

2 program priorities under paragraph (1), the Sec3 retary shall give special consideration to—

4 ‘‘(A) applying the most promising strategies

5 and research-based primary prevention ap6 proaches; and

7 ‘‘(B) promoting the integration of substance

8 abuse prevention services into primary health

9 care systems.

10 ‘‘(c) REQUIREMENTS.—

11 ‘‘(1) IN GENERAL.—Recipients of grants, con12 tracts, and cooperative agreements under this section

13 shall comply with information and application re14 quirements determined appropriate by the Secretary.

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

16 grant, contract, or cooperative agreement awarded

17 under this section, the period during which payments

18 under such award are made to the recipient may not

19 exceed 5 years.

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

21 projects carried out under subsection (a), require that

22 entities that apply for grants, contracts, or coopera23 tive agreements under that project provide non-Fed24 eral matching funds, as determined appropriate by

25 the Secretary, to ensure the institutional commitment
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1 of the entity to the projects funded under the grant,

2 contract, or cooperative agreement. Such non-Federal

3 matching funds may be provided directly or through

4 donations from public or private entities and may be

5 in cash or in kind, fairly evaluated, including plant,

6 equipment, or services.

7 ‘‘(4) MAINTENANCE OF EFFORT.—With respect to

8 activities for which a grant, contract, or cooperative

9 agreement is awarded under this section, the Sec10 retary may require that recipients for specific projects

11 under subsection (a) agree to maintain expenditures

12 of non-Federal amounts for such activities at a level

13 that is not less than the level of such expenditures

14 maintained by the entity for the fiscal year preceding

15 the fiscal year for which the entity receives such a

16 grant, contract, or cooperative agreement.

17 ‘‘(d) EVALUATION.—The Secretary shall evaluate each

18 project carried out under subsection (a)(1) and shall dis19 seminate the findings with respect to each such evaluation

20 to appropriate public and private entities.

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

22 shall establish comprehensive information and education

23 programs to disseminate the findings of the knowledge de24 velopment and application, training and technical assist25 ance programs, and targeted capacity response programs
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1 under this section to the general public and to health profes2 sionals. The Secretary shall make every effort to provide

3 linkages between the findings of supported projects and

4 State agencies responsible for carrying out substance abuse

5 prevention and treatment programs.

6 ‘‘(f) AUTHORIZATION OF APPROPRIATION.—There are

7 authorized to be appropriated to carry out this section,

8 $300,000,000 for fiscal year 2000, and such sums as may

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

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

11 Public Health Service Act (42 U.S.C. 290bb–24) is repealed.

12 SEC. 303. SUBSTANCE ABUSE PREVENTION AND TREAT13 MENT PERFORMANCE PARTNERSHIP BLOCK

14 GRANT.

15 (a) AUTHORIZED ACTIVITIES.—Section 1921(b) of the

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

17 amended to read as follows:

18 ‘‘(b) AUTHORIZED ACTIVITIES.—

19 ‘‘(1) IN GENERAL.—A funding agreement for a

20 grant under subsection (a) is that, subject to section

21 1931, the State involved shall expend the grant only

22 for the purpose of—

23 ‘‘(A) planning, carrying out, and evalu24 ating activities to prevent and treat substance
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1 abuse in accordance with this subpart and for

2 related activities authorized in section 1924; and

3 ‘‘(B) screening and testing for HIV, tuber4 culosis, hepatitis C, sexually transmitted dis5 eases, mental health disorders, and other screen6 ing and testing necessary to determine a com7 prehensive substance abuse treatment plan.

8 ‘‘(2) SCREENING AND TESTING.—A State may

9 not use more than 2 percent of a State allotment for

10 a fiscal year to carry out activities under paragraph

11 (1)(B), except that the State shall be considered the

12 payer of last resort and may not expend such funds

13 for such activities to the extent that payment has been

14 made, or can reasonably be expected to be made, with

15 respect to such service under any Federal or State

16 program, an insurance policy, or a Federal or State

17 health benefits program (including programs estab18 lished under title XVIII or XIX of the Social Security

19 Act), or by an entity that provides health services on

20 a prepaid basis.’’.

21 (b) ALLOCATION REGARDING ALCOHOL AND OTHER

22 DRUGS.—Section 1922 of the Public Health Service Act (42

23 U.S.C. 300x–22) is amended by—

24 (1) striking subsection (a); and
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1 (2) redesignating subsections (b) and (c) as sub2 sections (a) and (b).

3 (c) GROUP HOMES FOR RECOVERING SUBSTANCE

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

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

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

7 inserting the following: ‘‘A State, using funds available

8 under section 1921, may establish and maintain the ongo9 ing operation of a revolving fund in accordance with this

10 section to support group homes for recovering substance

11 abusers as follows:’’.

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

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

14 amended—

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

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

17 (2) by inserting after subsection (a), the fol18 lowing:

19 ‘‘(b) EXCLUSION OF CERTAIN FUNDS.—The Secretary

20 may exclude from the aggregate State expenditures under

21 subsection (a), funds appropriated to the principle agency

22 for authorized activities which are of a non-recurring na23 ture and for a specific purpose.’’.
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1 (e) APPLICATIONS FOR GRANTS.—Section 1932(a)(1)

2 of the Public Health Service Act (42 U.S.C. 300x–32(a)(1))

3 is amended to read as follows:

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

5 not later than October 1 of the fiscal year prior to the

6 fiscal year for which the State is seeking funds;’’.

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

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

9 amended by striking ‘‘whose allotment under section 1921

10 for the fiscal year is the amount specified in section

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

12 (g) WAIVER AUTHORITY FOR CERTAIN REQUIRE13 MENTS.—

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

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

16 by adding at the end the following:

17 ‘‘(e) WAIVER AUTHORITY FOR CERTAIN REQUIRE18 MENTS.—

19 ‘‘(1) IN GENERAL.—Upon the request of a State,

20 the Secretary may waive the requirements of all or

21 part of the sections described in paragraph (2) using

22 objective criteria established by the Secretary by regu23 lation after consultation with the States and other in24 terested parties including consumers and providers.
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1 ‘‘(2) SECTIONS.—The sections described in para2 graph (1) are sections 1922(c), 1923, 1924 and 1928.

3 ‘‘(3) DATE CERTAIN FOR ACTING UPON RE4 QUEST.—The Secretary shall approve or deny a re5 quest for a waiver under paragraph (1) and inform

6 the State of that decision not later than 120 days

7 after the date on which the request and all the infor8 mation needed to support the request are submitted.

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

10 Secretary shall annually report to the general public

11 on the States that receive a waiver under this sub12 section.’’.

13 (2) CONFORMING AMENDMENTS.—Effective upon

14 the publication of the regulations developed in accord15 ance with section 1932(e)(1) of the Public Health

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

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

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

19 by—

20 (i) striking paragraph (2); and

21 (ii) redesignating paragraph (3) as

22 paragraph (2); and

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

24 Service Act (42 U.S.C. 300x–28(d)) is repealed.
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1 (h) AUTHORIZATION OF APPROPRIATION.—Section

2 1935 of the Public Health Service Act (42 U.S.C. 300x–

3 35) is amended—

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

5 ‘‘$1,500,000,000’’ and all that follows through the end

6 and inserting ‘‘$2,000,000,000 for fiscal year 2000,

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

8 fiscal years 2001 and 2002.’’;

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

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

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

12 and inserting ‘‘1948(a)’’; and

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

14 following:

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

16 new grant, contract, or cooperative agreement from

17 amounts available to the Secretary under paragraph

18 (1), for the purposes of improving the data collection,

19 analysis and reporting capabilities of the State, shall

20 be required, as a condition of receipt of funds, to col21 lect, analyze, and report to the Secretary for each fis22 cal year subsequent to receiving such funds a core

23 data set to be determined by the Secretary in conjunc24 tion with the States.’’.
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1 SEC. 304. DETERMINATION OF ALLOTMENTS.

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

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

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

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

6 2000, and each subsequent fiscal year, the amount of

7 the allotment of a State under section 1921 shall not

8 be less than the amount the State received under such

9 section for the previous fiscal year increased by an

10 amount equal to 30.65 percent of the percentage by

11 which the aggregate amount allotted to all States for

12 such fiscal year exceeds the aggregate amount allotted

13 to all States for the previous fiscal year.

14 ‘‘(2) LIMITATIONS.—

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

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

17 allotment under section 1921 for a fiscal year in

18 an amount that is less than an amount equal to

19 0.375 percent of the amount appropriated under

20 section 1935(a) for such fiscal year.

21 ‘‘(B) EXCEPTION.—In applying subpara22 graph (A), the Secretary shall ensure that no

23 State receives an increase in its allotment under

24 section 1921 for a fiscal year (as compared to the

25 amount allotted to the State in the prior fiscal

26 year) that is in excess of an amount equal to 300
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1 percent of the percentage by which the amount

2 appropriated under section 1935(a) for such fis3 cal year exceeds the amount appropriated for the

4 prior fiscal year.

5 ‘‘(3) DECREASE IN OR EQUAL APPROPRIA6 TIONS.—If the amount appropriated under section

7 1935(a) for a fiscal year is equal to or less than the

8 amount appropriated under such section for the prior

9 fiscal year, the amount of the State allotment under

10 section 1921 shall be equal to the amount that the

11 State received under section 1921 in the prior fiscal

12 year decreased by the percentage by which the amount

13 appropriated for such fiscal year is less than the

14 amount appropriated or such section for the prior fis15 cal year.’’.

16 SEC. 305. NONDISCRIMINATION AND INSTITUTIONAL SAFE17 GUARDS FOR RELIGIOUS PROVIDERS.

18 Subpart III of part B of title XIX of the Public Health

19 Service Act (42 U.S.C. 300x–51 et seq.) is amended by add20 ing at the end the following:

21 ‘‘SEC. 1955. SERVICES PROVIDED BY NONGOVERNMENTAL

22 ORGANIZATIONS.

23 ‘‘(a) PURPOSES.—The purposes of this section are—

24 ‘‘(1) to prohibit discrimination against non25 governmental organizations and certain individuals
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1 on the basis of religion in the distribution of govern2 ment funds to provide substance abuse services under

3 this title and title V, and the receipt of services under

4 such titles; and

5 ‘‘(2) to allow the organizations to accept the

6 funds to provide the services to the individuals with7 out impairing the religious character of the organiza8 tions or the religious freedom of the individuals.

9 ‘‘(b) RELIGIOUS ORGANIZATIONS INCLUDED AS NON10 GOVERNMENTAL PROVIDERS.—

11 ‘‘(1) IN GENERAL.—A State may administer and

12 provide substance abuse services under any program

13 under this title or title V through grants, contracts,

14 or cooperative agreements to provide assistance to

15 beneficiaries under such titles with nongovernmental

16 organizations.

17 ‘‘(2) REQUIREMENT.—A State that elects to uti18 lize nongovernmental organizations as provided for

19 under paragraph (1) shall consider, on the same basis

20 as other nongovernmental organizations, religious or21 ganizations to provide services under substance abuse

22 programs under this title or title V, so long as the

23 programs under such titles are implemented in a

24 manner consistent with the Establishment Clause of

25 the first amendment to the Constitution. Neither the
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1 Federal Government nor a State or local government

2 receiving funds under such programs shall discrimi3 nate against an organization that provides services

4 under, or applies to provide services under, such pro5 grams, on the basis that the organization has a reli6 gious character.

7 ‘‘(c) RELIGIOUS CHARACTER AND INDEPENDENCE.—

8 ‘‘(1) IN GENERAL.—A religious organization that

9 provides services under any substance abuse program

10 under this title or title V shall retain its independence

11 from Federal, State, and local governments, including

12 such organization’s control over the definition, devel13 opment, practice, and expression of its religious be14 liefs.

15 ‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the

16 Federal Government nor a State or local government

17 shall require a religious organization—

18 ‘‘(A) to alter its form of internal govern19 ance; or

20 ‘‘(B) to remove religious art, icons, scrip21 ture, or other symbols;

22 in order to be eligible to provide services under any

23 substance abuse program under this title or title V.

24 ‘‘(d) EMPLOYMENT PRACTICES.—
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1 ‘‘(1) TENETS AND TEACHINGS.—A religious or2 ganization that provides services under any substance

3 abuse program under this title or title V may require

4 that its employees providing services under such pro5 gram adhere to the religious tenets and teachings of

6 such organization, and such organization may require

7 that those employees adhere to rules forbidding the use

8 of drugs or alcohol.

9 ‘‘(2) TITLE VII EXEMPTION.—The exemption of a

10 religious organization provided under section 702 or

11 703(e)(2) of the Civil Rights Act of 1964 (42 U.S.C.

12 2000e–1, 2000e–2(e)(2)) regarding employment prac13 tices shall not be affected by the religious organiza14 tion’s provision of services under, or receipt of funds

15 from, any substance abuse program under this title or

16 title V.

17 ‘‘(e) RIGHTS OF BENEFICIARIES OF ASSISTANCE.—

18 ‘‘(1) IN GENERAL.—If an individual described in

19 paragraph (3) has an objection to the religious char20 acter of the organization from which the individual

21 receives, or would receive, services funded under any

22 substance abuse program under this title or title V,

23 the appropriate Federal, State, or local governmental

24 entity shall provide to such individual (if otherwise
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1 eligible for such services) within a reasonable period

2 of time after the date of such objection, services that—

3 ‘‘(A) are from an alternative provider that

4 is accessible to the individual; and

5 ‘‘(B) have a value that is not less than the

6 value of the services that the individual would

7 have received from such organization.

8 ‘‘(2) NOTICE.—The appropriate Federal, State,

9 or local governmental entity shall ensure that notice

10 is provided to individuals described in paragraph (3)

11 of the rights of such individuals under this section.

12 ‘‘(3) INDIVIDUAL DESCRIBED.—An individual

13 described in this paragraph is an individual who re14 ceives or applies for services under any substance

15 abuse program under this title or title V.

16 ‘‘(f) NONDISCRIMINATION AGAINST BENEFICIARIES.—

17 A religious organization providing services through a grant,

18 contract, or cooperative agreement under any substance

19 abuse program under this title or title V shall not discrimi20 nate, in carrying out such program, against an individual

21 described in subsection (e)(3) on the basis of religion, a reli22 gious belief, a refusal to hold a religious belief, or a refusal

23 to actively participate in a religious practice.

24 ‘‘(g) FISCAL ACCOUNTABILITY.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), any religious organization providing serv3 ices under any substance abuse program under this

4 title or title V shall be subject to the same regulations

5 as other nongovernmental organizations to account in

6 accord with generally accepted accounting principles

7 for the use of such funds provided under such pro8 gram.

9 ‘‘(2) LIMITED AUDIT.—Such organization shall

10 segregate government funds provided under such sub11 stance abuse program into a separate account. Only

12 the government funds shall be subject to audit by the

13 government.

14 ‘‘(h) COMPLIANCE.—Any party that seeks to enforce

15 such party’s rights under this section may assert a civil

16 action for injunctive relief exclusively in an appropriate

17 Federal or State court against the entity or agency that

18 allegedly commits such violation.

19 ‘‘(i) LIMITATIONS ON USE OF FUNDS FOR CERTAIN

20 PURPOSES.—No funds provided through a grant or contract

21 to a religious organization to provide services under any

22 substance abuse program under this title or title V shall

23 be expended for sectarian worship, instruction, or pros24 elytization.
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1 ‘‘(j) EFFECT ON STATE AND LOCAL FUNDS.—If a

2 State or local government contributes State or local funds

3 to carry out any substance abuse program under this title

4 or title V, the State or local government may segregate the

5 State or local funds from the Federal funds provided to

6 carry out the program or may commingle the State or local

7 funds with the Federal funds. If the State or local govern8 ment commingles the State or local funds, the provisions

9 of this section shall apply to the commingled funds in the

10 same manner, and to the same extent, as the provisions

11 apply to the Federal funds.

12 ‘‘(k) TREATMENT OF INTERMEDIATE CONTRACTORS.—

13 If a nongovernmental organization (referred to in this sub14 section as an ‘intermediate organization’), acting under a

15 contract or other agreement with the Federal Government

16 or a State or local government, is given the authority under

17 the contract or agreement to select nongovernmental organi18 zations to provide services under any substance abuse pro19 gram under this title or title V, the intermediate organiza20 tion shall have the same duties under this section as the

21 government but shall retain all other rights of a nongovern22 mental organization under this section.’’.
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1 SEC. 306. ALCOHOL AND DRUG PREVENTION OR TREAT2 MENT SERVICES FOR INDIANS AND NATIVE

3 ALASKANS.

4 Part D of title V of the Public Health Service Act (42

5 U.S.C. 290dd et seq.) is amended by adding at the end the

6 following:

7 ‘‘SEC. 544. ALCOHOL AND DRUG PREVENTION OR TREAT8 MENT SERVICES FOR INDIANS AND NATIVE

9 ALASKANS.

10 ‘‘(a) IN GENERAL.—The Secretary shall award grants,

11 contracts, or cooperative agreements to public and private

12 nonprofit entities, including Native Alaskan entities and

13 Indian tribes and tribal organizations, for the purpose of

14 providing alcohol and drug prevention or treatment services

15 for Indians and Native Alaskans.

16 ‘‘(b) PRIORITY.—In awarding grants, contracts, or co17 operative agreements under subsection (a), the Secretary

18 shall give priority to applicants that—

19 ‘‘(1) propose to provide alcohol and drug preven20 tion or treatment services on reservations;

21 ‘‘(2) propose to employ culturally-appropriate

22 approaches, as determined by the Secretary, in pro23 viding such services; and

24 ‘‘(3) have provided prevention or treatment serv25 ices to Native Alaskan entities and Indian tribes and
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1 tribal organizations for at least 1 year prior to ap2 plying for a grant under this section.

3 ‘‘(c) DURATION.—The Secretary shall award grants,

4 contracts, or cooperative agreements under subsection (a)

5 for a period not to exceed 5 years.

6 ‘‘(d) APPLICATION.—An entity desiring a grant, con7 tract, or cooperative agreement under subsection (a) shall

8 submit an application to the Secretary at such time, in

9 such manner, and accompanied by such information as the

10 Secretary may reasonably require.

11 ‘‘(e) EVALUATION.—An entity that receives a grant,

12 contract, or cooperative agreement under subsection (a)

13 shall submit, in the application for such grant, a plan for

14 the evaluation of any project undertaken with funds pro15 vided under this section. Such entity shall provide the Sec16 retary with periodic evaluations of the progress of such

17 project and such evaluation at the completion of such

18 project as the Secretary determines to be appropriate. The

19 final evaluation submitted by such entity shall include a

20 recommendation as to whether such project shall continue.

21 ‘‘(f) REPORT.—Not later than 3 years after the date

22 of enactment of this section and annually thereafter, the

23 Secretary shall prepare and submit, to the Committee on

24 Health, Education, Labor, and Pensions of the Senate, a
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1 report describing the services provided pursuant to this sec2 tion.

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

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

5 $15,000,000 for fiscal year 2000, and such sums as may

6 be necessary for fiscal years 2001 and 2002.

7 ‘‘SEC. 545. ESTABLISHMENT OF COMMISSION.

8 ‘‘(a) IN GENERAL.—There is established a commission

9 to be known as the Commission on Indian and Native Alas10 kan Health Care that shall examine the health concerns of

11 Indians and Native Alaskans who reside on reservations

12 and tribal lands (hereafter in this section referred to as the

13 ‘Commission’).

14 ‘‘(b) MEMBERSHIP.—

15 ‘‘(1) IN GENERAL.—The Commission established

16 under subsection (a) shall consist of—

17 ‘‘(A) the Secretary;

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

19 health care field and issues that the Commission

20 is established to examine; and

21 ‘‘(C) the Director of the Indian Health

22 Service and the Commissioner of Indian Affairs,

23 who shall be nonvoting members.
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1 ‘‘(2) APPOINTING AUTHORITY.—Of the 15 mem2 bers of the Commission described in paragraph

3 (1)(B)—

4 ‘‘(A) 2 shall be appointed by the Speaker of

5 the House of Representatives;

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

7 Leader of the House of Representatives;

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

9 Leader of the Senate;

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

11 Leader of the Senate; and

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

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

14 members appointed to the Commission shall be Indi15 ans or Native Alaskans.

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

17 as the Chairperson of the Commission.

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

19 expertise of any expert in the health care field to

20 carry out its duties.

21 ‘‘(c) PERIOD OF APPOINTMENT.—Members shall be ap22 pointed for the life of the Commission. Any vacancy in the

23 Commission shall not affect its powers, but shall be filed

24 in the same manner as the original appointment.
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1 ‘‘(d) DUTIES OF THE COMMISSION.—The Commission

2 shall—

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

4 Native Alaskans; and

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

6 (i).

7 ‘‘(e) POWERS OF THE COMMISSION.—

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

9 such hearings, including hearings on reservations, sit

10 and act at such times and places, take such testi11 mony, and receive such information as the Commis12 sion considers advisable to carry out the purpose for

13 which the Commission was established.

14 ‘‘(2) INFORMATION FROM FEDERAL AGENCIES.—

15 The Commission may secure directly from any Fed16 eral department or agency such information as the

17 Commission considers necessary to carry out the pur18 pose for which the Commission was established. Upon

19 request of the Chairperson of the Commission, the

20 head of such department or agency shall furnish such

21 information to the Commission.

22 ‘‘(f) COMPENSATION OF MEMBERS.—

23 ‘‘(1) IN GENERAL.—Except as provided in sub24 paragraph (B), each member of the Commission may

25 be compensated at a rate not to exceed the daily
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1 equivalent of the annual rate of basic pay prescribed

2 for level IV of the Executive Schedule under section

3 5315 of title 5, United States Code, for each day (in4 cluding travel time), during which that member is en5 gaged in the actual performance of the duties of the

6 Commission.

7 ‘‘(2) LIMITATION.—Members of the Commission

8 who are officers or employees of the United States

9 shall receive no additional pay on account of their

10 service on the Commission.

11 ‘‘(g) TRAVEL EXPENSES OF MEMBERS.—The members

12 of the Commission shall be allowed travel expenses, includ13 ing per diem in lieu of subsistence, at rates authorized for

14 employees of agencies under section 5703 of title 5, United

15 States Code, while away from their homes or regular places

16 of business in the performance of services for the Commis17 sion.

18 ‘‘(h) COMMISSION PERSONNEL MATTERS.—

19 ‘‘(1) IN GENERAL.—The Secretary, in accordance

20 with rules established by the Commission, may select

21 and appoint a staff director and other personnel nec22 essary to enable the Commission to carry out its du23 ties.

24 ‘‘(2) COMPENSATION OF PERSONNEL.—The Sec25 retary, in accordance with rules established by the
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1 Commission, may set the amount of compensation to

2 be paid to the staff director and any other personnel

3 that serve the Commission.

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

5 Any Federal Government employee may be detailed to

6 the Commission without reimbursement, and the de7 tail shall be without interruption or loss of civil serv8 ice status or privilege.

9 ‘‘(4) CONSULTANT SERVICES.—The Chairperson

10 of the Commission is authorized to procure the tem11 porary and intermittent services of experts and con12 sultants in accordance with section 3109 of title 5,

13 United States Code, at rates not to exceed the daily

14 equivalent of the annual rate of basic pay prescribed

15 for level IV of the Executive Schedule under section

16 5315 of such title.

17 ‘‘(i) REPORT.—

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

19 the date of enactment of the Youth Drug and Mental

20 Health Services Act, the Secretary shall prepare and

21 submit, to the Committee on Health, Education,

22 Labor, and Pensions of the Senate, a report that

23 shall—
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1 ‘‘(A) detail the health problems faced by In2 dians and Native Alaskans who reside on res3 ervations;

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

5 such problems;

6 ‘‘(C) describe the health care services avail7 able to Indians and Native Alaskans who reside

8 on reservations and the adequacy of such serv9 ices;

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

11 of inadequate health care services for Indians

12 and Native Alaskans who reside on reservations,

13 including the availability of resources;

14 ‘‘(E) develop measures for tracking the

15 health status of Indians and Native Americans

16 who reside on reservations; and

17 ‘‘(F) make recommendations for improve18 ments in the health care services provided for In19 dians and Native Alaskans who reside on res20 ervations, including recommendations for legisla21 tive change.

22 ‘‘(2) EXCEPTION.—In addition to the report re23 quired under paragraph (1), not later than 2 years

24 after the date of enactment of the Youth Drug and

25 Mental Health Services Act, the Secretary shall pre-
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1 pare and submit, to the Committee on Health, Edu2 cation, Labor, and Pensions of the Senate, a report

3 that describes any alcohol and drug abuse among In4 dians and Native Alaskans who reside on reserva5 tions.

6 ‘‘(j) PERMANENT COMMISSION.—Section 14 of the Fed7 eral Advisory Committee Act (5 U.S.C. App.) shall not

8 apply to the Commission.

9 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $5,000,000 for fiscal year 2000, and such sums as may be

12 necessary for fiscal years 2001 and 2002.’’.

13 TITLE IV—PROVISIONS RELAT14 ING TO FLEXIBILITY AND AC15 COUNTABILITY

16 SEC. 401. GENERAL AUTHORITIES AND PEER REVIEW.

17 (a) GENERAL AUTHORITIES.—Paragraph (1) of sec18 tion 501(e) of the Public Health Service Act (42 U.S.C.

19 290aa(e)) is amended to read as follows:

20 ‘‘(1) IN GENERAL.—There may be in the Admin21 istration an Associate Administrator for Alcohol Pre22 vention and Treatment Policy to whom the Adminis23 trator may delegate the functions of promoting, moni24 toring, and evaluating service programs for the pre25 vention and treatment of alcoholism and alcohol
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1 abuse within the Center for Substance Abuse Preven2 tion, the Center for Substance Abuse Treatment and

3 the Center for Mental Health Services, and coordi4 nating such programs among the Centers, and among

5 the Centers and other public and private entities. The

6 Associate Administrator also may ensure that alcohol

7 prevention, education, and policy strategies are inte8 grated into all programs of the Centers that address

9 substance abuse prevention, education, and policy,

10 and that the Center for Substance Abuse Prevention

11 addresses the Healthy People 2010 goals and the Na12 tional Dietary Guidelines of the Department of

13 Health and Human Services and the Department of

14 Agriculture related to alcohol consumption.’’.

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

16 Service (42 U.S.C. 290aa–3) is amended as follows:

17 ‘‘SEC. 504. PEER REVIEW.

18 ‘‘(a) IN GENERAL.—The Secretary, after consultation

19 with the Administrator, shall require appropriate peer re20 view of grants, cooperative agreements, and contracts to be

21 administered through the agency which exceed the simple

22 acquisition threshold as defined in section 4(11) of the Of23 fice of Federal Procurement Policy Act.

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

25 group established under subsection (a) shall be individuals
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1 who by virtue of their training or experience are eminently

2 qualified to perform the review functions of the group. Not

more than 1 3 ⁄4 of the members of any such peer review group

4 shall be officers or employees of the United States.

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

6 of a grant or cooperative agreement (described in subsection

7 (a)) exceeds the simple acquisition threshold as defined by

8 section 4(11) of the Office of Federal Procurement Policy

9 Act, the Secretary may make such a grant or cooperative

10 agreement only if such grant or cooperative agreement is

11 recommended—

12 ‘‘(1) after peer review required under subsection

13 (a); and

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

15 ‘‘(d) CONDITIONS.—The Secretary may establish lim16 ited exceptions to the limitations contained in this section

17 regarding participation of Federal employees and advisory

18 council approval. The circumstances under which the Sec19 retary may make such an exception shall be made public.’’.

20 SEC. 402. ADVISORY COUNCILS.

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

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

23 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.—Sec4 tion 1949 of the Public Health Service Act (42 U.S.C. 300x–

5 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 be

14 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 substance

20 abuse and mental disorders, and for programs under

21 subpart I for children with serious emotional disturb22 ance and adults with serious mental illness and for

23 individuals with co-occurring mental health and sub24 stance 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 voluntary

17 basis.’’.

18 (b) AVAILABILITY TO STATES OF GRANT PROGRAMS.—

19 Section 1952 of the Public Health Service Act (42 U.S.C.

20 300x–62) is amended as follows:

21 ‘‘SEC. 1952. AVAILABILITY TO STATES OF GRANT PAYMENTS.

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

23 section 1911 or 1921 shall be available for obligation and

24 expenditure until the end of the fiscal year following the

25 fiscal year for which the amounts were paid.’’.
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1 SEC. 404. DATA INFRASTRUCTURE PROJECTS.

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

3 (42 U.S.C. 300y et seq.) is amended—

4 (1) by striking the headings for part C and sub5 part I and inserting the following:

6 ‘‘PART C—CERTAIN PROGRAMS REGARDING

7 MENTAL HEALTH AND SUBSTANCE ABUSE

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

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

10 and inserting the following:

11 ‘‘SEC. 1971. DATA INFRASTRUCTURE DEVELOPMENT.

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

13 to, and enter into contracts or cooperative agreements with

14 States for the purpose of developing and operating mental

15 health or substance abuse data collection, analysis, and re16 porting systems with regard to performance measures in17 cluding capacity, process, and outcomes measures.

18 ‘‘(b) PROJECTS.—The Secretary shall establish criteria

19 to ensure that services will be available under this section

20 to States that have a fundamental basis for the collection,

21 analysis, and reporting of mental health and substance

22 abuse performance measures and States that do not have

23 such basis. The Secretary will establish criteria for deter24 mining whether a State has a fundamental basis for the

25 collection, analysis, and reporting of data.
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1 ‘‘(c) CONDITION OF RECEIPT OF FUNDS.—As a condi2 tion of the receipt of an award under this section a State

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

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

5 performance measures to be determined by the Secretary in

6 conjunction with the States.

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

8 which payments may be made for a project under subsection

9 (a) may be not less than 3 years nor more than 5 years.

10 ‘‘(e) AUTHORIZATION OF APPROPRIATION.—

11 ‘‘(1) IN GENERAL.—For the purpose of carrying

12 out this section, there are authorized to be appro13 priated such sums as may be necessary for each of the

14 fiscal years 2000, 2001 and 2002.

15 ‘‘(2) ALLOCATION.—Of the amounts appro16 priated under paragraph (1) for a fiscal year, 50 per17 cent shall be expended to support data infrastructure

18 development for mental health and 50 percent shall be

19 expended to support data infrastructure development

20 for substance abuse.’’.

21 SEC. 405. REPEAL OF OBSOLETE ADDICT REFERRAL PROVI22 SIONS.

23 (a) REPEAL OF OBSOLETE PUBLIC HEALTH SERVICE

24 ACT AUTHORITIES.—Part E of title III (42 U.S.C. 257 et

25 seq.) is repealed.
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1 (b) REPEAL OF OBSOLETE NARA AUTHORITIES.—Ti2 tles III and IV of the Narcotic Addict Rehabilitation Act

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

4 (c) REPEAL OF OBSOLETE TITLE 28 AUTHORITIES.—

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

6 United States Code, is repealed.

7 (2) TABLE OF CONTENTS.—The table of contents

8 to part VI of title 28, United States Code, is amended

9 by striking the items relating to chapter 175.

10 SEC. 406. INDIVIDUALS WITH CO-OCCURRING DISORDERS.

11 The Public Health Service Act is amended by inserting

12 after section 503 (42 U.S.C. 290aa–2) the following:

13 ‘‘SEC. 503A. REPORT ON INDIVIDUALS WITH CO-OCCURRING

14 MENTAL ILLNESS AND SUBSTANCE ABUSE

15 DISORDERS.

16 ‘‘(a) IN GENERAL.—Not later than 2 years after the

17 date of enactment of this section, the Secretary shall, after

18 consultation with organizations representing States, mental

19 health and substance abuse treatment providers, prevention

20 specialists, individuals receiving treatment services, and

21 family members of such individuals, prepare and submit

22 to the Committee on Health, Education, Labor, and Pen23 sions of the Senate and the Committee on Commerce of the

24 House of Representatives, a report on prevention and treat-
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1 ment services for individuals who have co-occurring mental

2 illness and substance abuse disorders.

3 ‘‘(b) REPORT CONTENT.—The report under subsection

4 (a) shall be based on data collected from existing Federal

5 and State surveys regarding the treatment of co-occurring

6 mental illness and substance abuse disorders and shall

7 include—

8 ‘‘(1) a summary of the manner in which indi9 viduals with co-occurring disorders are receiving

10 treatment, including the most up-to-date information

11 available regarding the number of children and adults

12 with co-occurring mental illness and substance abuse

13 disorders and the manner in which funds provided

14 under sections 1911 and 1921 are being utilized, in15 cluding the number of such children and adults served

16 with such funds;

17 ‘‘(2) a summary of improvements necessary to

18 ensure that individuals with co-occurring mental ill19 ness and substance abuse disorders receive the services

20 they need;

21 ‘‘(3) a summary of practices for preventing sub22 stance abuse among individuals who have a mental

23 illness and are at risk of having or acquiring a sub24 stance abuse disorder; and
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1 ‘‘(4) a summary of evidenced-based practices for

2 treating individuals with co-occurring mental illness

3 and substance abuse disorders and recommendations

4 for implementing such practices.

5 ‘‘(c) FUNDS FOR REPORT.—The Secretary may obli6 gate funds to carry out this section with such appropria7 tions as are available.’’.

8 SEC. 407. SERVICES FOR INDIVIDUALS WITH CO-OCCUR9 RING DISORDERS.

10 Subpart III of part B of title XIX of the Public Health

11 Service Act (42 U.S.C. 300x–51 et seq.) (as amended by

12 section 305) is further amended by adding at the end the

13 following:

14 ‘‘SEC. 1956. SERVICES FOR INDIVIDUALS WITH CO-OCCUR15 RING DISORDERS.

16 ‘‘States may use funds available for treatment under

17 sections 1911 and 1921 to treat persons with co-occurring

18 substance abuse and mental disorders as long as funds

19 available under such sections are used for the purposes for

20 which they were authorized by law and can be tracked for

21 accounting purposes.’’.