I

104TH CONGRESS

2D SESSION H. R. 3847

To establish the Drug Abuse Prevention and Treatment Administration, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 18, 1996

Mr. BARTON introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To establish the Drug Abuse Prevention and Treatment

Administration, and for other purposes.

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

2 This Act may be cited as the ‘‘Drug Abuse Preven3 tion and Treatment Consolidation and Reorganization Act

4 of 1996’’.

5 TITLE I—DRUG ABUSE PREVEN6 TION AND TREATMENT AD7 MINISTRATION

8 SEC. 101. ESTABLISHMENT OF ADMINISTRATION.

9 (a) IN GENERAL.—There is established within the

10 Department of Health and Human Services an independ11 ent agency to be known as the Drug Abuse Prevention

12 and Treatment Administration.

13 (b) APPOINTMENT OF ADMINISTRATOR.—The Ad14 ministration shall be headed by an official to be known

15 as the Administrator, who shall be appointed by the Presi16 dent by and with the advice and consent of the Senate.

17 The Administrator shall be appointed from among individ18 uals with extensive experience, expertise, and academic

19 qualifications in the prevention and treatment of sub20 stance abuse. The Secretary of Health and Human Serv21 ices shall carry out the programs and functions of the Ad22 ministration acting through the Administrator.

23 (c) DEPUTY; OTHER OFFICERS AND EMPLOYEES.—

24 (1) DEPUTY ADMINISTRATOR.—The Adminis25 trator may, with the approval of the Secretary, ap26 point a deputy administrator for the Administration.
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1 (2) ASSOCIATE ADMINISTRATORS.—

2 (A) The Secretary shall appoint an official

3 to be known as the Associate Administrator for

4 Substance Abuse Prevention, who shall be ap5 pointed from among individuals with extensive

6 experience, expertise, and academic qualifica7 tions in the prevention of substance abuse.

8 (B) The Secretary shall appoint an official

9 to be known as the Associate Administrator for

10 Substance Abuse Treatment, who shall be ap11 pointed from among individuals with extensive

12 experience, expertise, and academic qualifica13 tions in the treatment of substance abuse.

14 (3) OTHER OFFICERS AND EMPLOYEES.—The

15 Administrator may appoint and fix the compensation

16 of such officers and employees as may be necessary

17 to carry out the programs and functions of the Ad18 ministration.

19 (d) DEFINITIONS.—For purposes of this Act:

20 (1) The term ‘‘Administration’’ means the Drug

21 Abuse Prevention and Treatment Administration.

22 (2) The term ‘‘Administrator’’ means the head

23 of the Administration.
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1 TITLE II—PROGRAMS AND FUNC2 TIONS OF ADMINISTRATION

3 Subtitle A—Transfers From Sub4 stance Abuse and Mental Health

5 Services Administration; Trans6 fers From Other Agencies

7 SEC. 201. TRANSFERS REGARDING PREVENTION AND

8 TREATMENT OF SUBSTANCE ABUSE.

9 There are transferred to the Administration the fol10 lowing programs and functions:

11 (1) All programs that, on the day before the

12 date of the enactment of this Act, were administered

13 by the Center for Substance Abuse Prevention (es14 tablished in section 515 of the Public Health Service

15 Act); and all functions that, on such day, were vest16 ed in the Director of such Center.

17 (2) All programs contained in sections 507

18 through 513 of the Public Health Service Act that,

19 on the day before the date of the enactment of this

20 Act, were administered by the Center for Substance

21 Abuse Treatment (established in section 507 of the

22 Public Health Service Act); and all functions that,

23 on such day, were vested in the Director of such

24 Center.
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1 (3) All responsibilities for the collection of data

2 under section 505 of the Public Health Service Act,

3 other than responsibilities relating to mental health.

4 (4) The program under subpart II of part B of

5 title XIX of the Public Health Service Act (relating

6 to block grants for the prevention and treatment of

7 substance abuse).

8 (5) Any other programs or functions under the

9 Public Health Service Act that relate to the preven10 tion or treatment of substance abuse and that, on

11 the day before the date of the enactment of this Act,

12 were administered by the Substance Abuse and Men13 tal Health Services Administration.

14 (6) All programs under the Safe and Drug-Free

15 Schools and Communities Act of 1994 (administered

16 by the Department of Education).

17 (7) With respect to subtitle B of title III of the

18 Anti-Drug Abuse Act of 1988—

19 (A) the program under chapter 1 of such

20 subtitle (relating to drug abuse and youth

21 gangs; and administered by the Administration

22 for Children and Families, Department of

23 Health and Human Services); and

24 (B) the program under chapter 2 of such

25 subtitle (relating to runaway and homeless
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1 youth; and administered by the Administration

2 for Children and Families, Department of

3 Health and Human Services).

4 (8) Programs under the Public and Assisted

5 Housing Drug Elimination Act of 1990 (adminis6 tered by the Office of Public and Indian Housing,

7 Department of Housing and Urban Development).

8 (9) Programs under the Drug-Free Public

9 Housing Act of 1988 (administered by the Office of

10 Public and Indian Housing, Department of Housing

11 and Urban Development).

12 Subtitle B—Additional Provisions

13 Regarding Prevention and

14 Treatment of Substance Abuse

15 SEC. 211. NATIONAL SUBSTANCE ABUSE PREVENTION PRO16 GRAM.

17 (a) IN GENERAL.—In addition to the programs and

18 functions carried out pursuant to section 201, the Admin19 istrator shall establish a program to coordinate the activi20 ties of public and nonprofit private entities in order to pro21 vide for an effective nationwide network for the prevention

22 of substance abuse.

23 (b) GRANTS REGARDING COMMUNITY PLANS.—

24 (1) IN GENERAL.—In carrying out subsection

25 (a), the Administrator may make grants to public
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1 and nonprofit private entities for the purpose of as2 sisting communities in developing and implementing

3 plans to coordinate the provision in the communities

4 of services for the prevention of substance abuse.

5 (2) COLLABORATION WITH COMMUNITY MEM6 BERS.—A grant under paragraph (1) may be made

7 only if the applicant for the grant agrees that, in de8 veloping and implementing the plan involved, the ap9 plicant will collaborate with the elementary and sec10 ondary schools of the community, with parents in

11 the community, with law-enforcement agencies, and

12 with other interested community organizations and

13 members of the community.

14 (3) EVALUATIONS.—The Administrator shall

15 provide for evaluations of activities carried out with

16 grants under paragraph (1), which shall include the

17 measurement of impact according to scientifically re18 liable common data indicators and evaluation proto19 cols.

20 SEC. 212. COORDINATION WITH OFFICE OF NATIONAL

21 DRUG CONTROL POLICY.

22 (a) IN GENERAL.—The Administrator shall collabo23 rate with the Director of the Office of National Drug Con24 trol Policy in order to coordinate the activities of the Ad25 ministration with the activities of such Office (including
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1 activities carried out by such Director acting through the

2 Deputy Director, Office of Demand Reduction).

3 (b) RULE OF CONSTRUCTION.—This Act may not be

4 construed as affecting any of the authorities of the Office

5 of National Drug Control Policy.

6 Subtitle C—Funding

7 SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

8 For the purpose of carrying out the programs and

9 functions of the Administration, there are authorized to

10 be appropriated such sums as may be necessary for each

11 of the fiscal years 1996 through 2002.

12 TITLE III—ADVISORY COUNCIL;

13 PEER REVIEW

14 SEC. 301. ADVISORY COUNCIL.

15 (a) IN GENERAL.—

16 (1) ESTABLISHMENT; GENERAL DUTIES.—The

17 Secretary shall establish an advisory council to ad18 vise, consult with, and make recommendations to the

19 Secretary and the Administrator regarding programs

20 for the prevention and treatment of substance abuse

21 (referred to in this section as the ‘‘Council’’).

22 (2) CERTAIN ACTIVITIES.—In carrying out

23 paragraph (1)—

24 (A) the Council shall, pursuant to section

25 302(d)(2), review applications submitted for
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1 grants and cooperative agreements and rec2 ommend for approval applications for projects

3 that show promise of making valuable contribu4 tions to the mission of the Administration;

5 (B) the Council may collect, by correspond6 ence or by personal investigation, information

7 as to studies and services that are being carried

8 on in the United States or any other country

9 with respect to substance abuse; and with the

10 approval of the Administrator, make such infor11 mation available through appropriate publica12 tions for the benefit of public and private health

13 entities and health professions personnel and

14 for the information of the general public; and

15 (C) the Council may appoint subcommit16 tees and convene workshops and conferences.

17 (b) MEMBERSHIP.—

18 (1) IN GENERAL.—The Council shall consist of

19 nonvoting ex officio members and not more than 12

20 voting members appointed in accordance with para21 graph (3).

22 (2) EX OFFICIO MEMBERS.—The ex officio

23 members of the Council are as follows:

24 (A) The Secretary.

25 (B) The Administrator.
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1 (C) The Under Secretary for Health of the

2 Department of Veterans Affairs.

3 (D) The Assistant Secretary for Defense,

4 Health Affairs.

5 (E) The Director of the Office of National

6 Drug Control Policy.

7 (F) Such other officers or employees of the

8 Federal Government as the Secretary deter9 mines to be appropriate.

10 (3) APPOINTED MEMBERS.—Individuals shall

11 be appointed to the Council under paragraph (1) as

12 follows:

13 (A) Twelve of the members shall be ap14 pointed by the Secretary from among the lead15 ing representatives of the health disciplines (in16 cluding public health and behavioral and social

17 sciences) relevant to the prevention and treat18 ment of substance abuse. In appointing such

19 members, the Secretary shall ensure that each

20 of such disciplines is represented by not fewer

21 than 4 members.

22 (B) Three of the members shall be ap23 pointed by the Secretary from the general pub24 lic and shall include leaders in fields of public
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1 policy, public relations, law, health policy eco2 nomics, or management.

3 (4) COMPENSATION.—Members of the Council

4 who are officers or employees of the United States

5 shall not receive any compensation for service on the

6 Council. The remaining members of the Council

7 shall receive, for each day (including travel time)

8 they are engaged in the performance of the functions

9 of the Council, compensation at rates not to exceed

10 the daily equivalent of the maximum rate of basic

11 pay payable under the General Schedule (under title

12 5, United States Code) for positions above GS–15.

13 (c) TERMS OF OFFICE.—

14 (1) IN GENERAL.—The term of a member of

15 the Council appointed under subsection (b) is 4

16 years, except that any member appointed to fill a va17 cancy for an unexpired term shall serve for the re18 mainder of such term, and except that the initial ap19 pointments shall be made for such terms as will en20 sure that the memberships of individuals on the

21 Council do not all expire in the same year. A mem22 ber of the Council may serve after the expiration of

23 such member’s term until a successor has been ap24 pointed and taken office.
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1 (2) REAPPOINTMENTS.—A member who has

2 been appointed to the Council for a term of 4 years

3 may not be reappointed to the Council during the 2-

4 year period beginning on the date on which the 4-

5 year term expired.

6 (3) TIME FOR APPOINTMENT.—If a vacancy oc7 curs in the membership of the Council appointed

8 under subsection (b), the Secretary shall make an

9 appointment to fill such vacancy during the 90-day

10 period beginning on the date on which the vacancy

11 occurs.

12 (d) CHAIR.—The Secretary shall designate a member

13 of the Council to serve as the Chair of the Council. The

14 individual so designated shall be a member appointed

15 under subsection (b), or shall be the Administrator. The

16 term of the Chair is 2 years.

17 (e) MEETINGS.—The Council shall meet at the call

18 of the Chair or upon the request of the Administrator,

19 except that the Council shall meet not less than three

20 times during each fiscal year. The location of the meetings

21 of the Council shall be subject to the approval of the Ad22 ministrator.

23 (f) EXECUTIVE SECRETARY AND STAFF.—The Ad24 ministrator shall designate a member of the staff of the

25 Administration to serve as the executive secretary of the
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1 Council. The Administrator shall make available to the

2 Council such staff, information, and other assistance as

3 it may require to carry out its functions.

4 SEC. 302. PEER REVIEW.

5 (a) IN GENERAL.—The Secretary, after consultation

6 with the Administrator, shall by regulation require appro7 priate peer review of grants or cooperative agreements to

8 be administered through the Administration.

9 (b) MEMBERS.—The members of a peer review group

10 established pursuant to subsection (a) shall be individuals

11 who by virtue of their training or experience are eminently

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

13 more than 25 percent of the members of such a group

14 may be officers or employees of the United States.

15 (c) REQUIREMENTS.—Regulations promulgated pur16 suant to subsection (a)—

17 (1) shall require that the reviewing entity be

18 provided a written description of the matter to be re19 viewed;

20 (2) shall require that the reviewing entity pro21 vide the Council with such description and the re22 sults of the review by the entity; and

23 (3) may specify the conditions under which lim24 ited exceptions may be granted to the limitations
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1 contained in the last sentences of subsection (b) and

2 subsection (d).

3 (d) RECOMMENDATIONS.—

4 (1) IN GENERAL.—If the direct cost of a grant

5 or cooperative agreement to be administered through

6 the Administration does not exceed $50,000, the

7 Secretary may make such grant or cooperative

8 agreement only if such grant or cooperative agree9 ment is recommended after peer review required by

10 regulations under subsection (a).

11 (2) ROLE OF ADVISORY COUNCIL.—If the direct

12 cost of a grant or cooperative agreement to be ad13 ministered through the Administration exceeds

14 $50,000, the Secretary may make such grant or co15 operative agreement only if such grant or coopera16 tive agreement is recommended—

17 (A) after peer review required by regula18 tions under subsection (a); and

19 (B) by the council under section 301.

20 TITLE IV—MISCELLANEOUS

21 AUTHORITIES

22 SEC. 401. MISCELLANEOUS AUTHORITIES.

23 (a) FACILITIES.—The Secretary, in carrying out this

24 Act—
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1 (1) may acquire, without regard to the Act of

2 March 3, 1877 (40 U.S.C. 34), by lease or otherwise

3 through the Administrator of General Services,

4 buildings or portions of buildings in the District of

5 Columbia or communities located adjacent to the

6 District of Columbia for use for a period not to ex7 ceed 10 years; and

8 (2) may acquire, construct, improve, repair, op9 erate, and maintain laboratory, research, and other

10 necessary facilities and equipment, and such other

11 real or personal property (including patents) as the

12 Secretary deems necessary.

13 (b) UTILIZATION OF CERTAIN PERSONNEL AND RE14 SOURCES.—

15 (1) DEPARTMENT OF HEALTH AND HUMAN

16 SERVICES.—The Administrator, in carrying out this

17 Act, may utilize personnel and equipment, facilities,

18 and other physical resources of the Department of

19 Health and Human Services, permit appropriate (as

20 determined by the Secretary) entities and individuals

21 to utilize the physical resources of such Department,

22 and provide technical assistance and advice.

23 (2) OTHER AGENCIES.—The Administrator, in

24 carrying out this Act, may use, with their consent,

25 the services, equipment, personnel, information, and
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1 facilities of other Federal, State, or local public

2 agencies, or of any foreign government, with or with3 out reimbursement of such agencies.

4 (c) CONSULTANTS.—The Secretary, in carrying out

5 this Act, may secure, from time to time and for such peri6 ods as the Administrator deems advisable but in accord7 ance with section 3109 of title 5, United States Code, the

8 assistance and advice of consultants from the United

9 States or abroad.

10 (d) EXPERTS.—

11 (1) IN GENERAL.—The Secretary may, in car12 rying out this Act, obtain the services of not more

13 than 15 experts or consultants who have appropriate

14 scientific or professional qualifications.

15 (2) CERTAIN EXPENSES.—

16 (A) Experts and consultants whose services

17 are obtained under paragraph (1) shall be paid

18 or reimbursed for their expenses associated with

19 traveling to and from their assignment location

20 in accordance with sections 5724, 5724a(a)(1),

21 5724a(a)(3), and 5726(c) of title 5, United

22 States Code.

23 (B) Expenses specified in subparagraph

24 (A) may not be allowed in connection with the

25 assignment of an expert or consultant whose
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1 services are obtained under paragraph (1) un2 less and until the expert agrees in writing to

3 complete the entire period of assignment, or one

4 year, whichever is shorter, unless separated or

5 reassigned for reasons that are beyond the con6 trol of the expert or consultant and that are

7 acceptable to the Secretary. If the expert or

8 consultant violates the agreement, the money

9 spent by the United States for the expenses

10 specified in subparagraph (A) is recoverable

11 from the expert or consultant as a debt of the

12 United States. The Secretary may waive in

13 whole or in part a right of recovery under this

14 subparagraph.

15 (e) VOLUNTARY AND UNCOMPENSATED SERVICES.—

16 The Administrator, in carrying out this Act, may accept

17 voluntary and uncompensated services.

18 TITLE V—DISPOSITION OF RE19 MAINING PROGRAMS AND

20 FUNCTIONS OF SUBSTANCE

21 ABUSE AND MENTAL HEALTH

22 SERVICES ADMINISTRATION

23 SEC. 501. REMAINING DISPOSITIONS.

24 (a) MENTAL HEALTH SERVICES.—All programs and

25 functions of the Substance Abuse and Mental Health Serv-
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1 ices Administration that are not transferred under section

2 201 are transferred to the Health Resources and Services

3 Administration of the Department of Health and Human

4 Services.

5 (b) TERMINATION.—Effective immediately after the

6 transfers made in subsection (a) and in sections 201, 601,

7 and 602, the Substance Abuse and Mental Health Services

8 Administration is terminated.

9 TITLE VI—GENERAL

10 PROVISIONS

11 SEC. 601. TRANSITIONAL AND SAVINGS PROVISIONS RE12 GARDING PREVENTION AND TREATMENT OF

13 SUBSTANCE ABUSE.

14 (a) PERSONNEL.—Personnel employed in connection

15 with the programs and functions specified in section 201

16 on the day before the date of the enactment of this Act

17 are transferred to the Administration.

18 (b) FUNDS.—Amounts available for the programs

19 and functions specified in section 201 on the day before

20 the date of the enactment of this Act are transferred to

21 the Administration. Such transfer does not affect the pe22 riod of availability of the amounts, or the availability of

23 the amounts with respect to the purposes for which the

24 amounts may be expended.
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1 (c) OTHER TRANSFERS.—In the case of legal rights

2 and duties not transferred in subsection (a) or (b), all such

3 rights and duties in effect with respect to the programs

4 and functions specified in section 201 on the day before

5 the date of the enactment of this Act are transferred to

6 the Administration (except to the extent that such rights

7 or duties were vested in a different department than the

8 department that was administering the program on such

9 day).

10 (d) SAVINGS PROVISION.—All legal rights and duties

11 transferred under this section continue in effect in accord12 ance with their terms.

13 SEC. 602. TRANSITIONAL AND SAVINGS PROVISIONS RE14 GARDING MENTAL HEALTH SERVICES.

15 Section 601 applies with respect to programs and

16 functions specified in section 501(a) to the same extent

17 and in the same manner as section 601 applies with re18 spect to programs and functions specified in section 201,

19 except that all transfers pursuant to this section are made

20 to the Health Resources and Services Administration.

21 SEC. 603. CONFORMING AMENDMENTS.

22 The Public Health Service Act (42 U.S.C. 201 et

23 seq.) is amended—

24 (1) in section 501(a)—
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1 (A) by striking ‘‘(a) ESTABLISHMENT.—

2 The’’ and inserting the following:

3 ‘‘(a) ESTABLISHMENT.—

4 ‘‘(1) IN GENERAL.—The’’; and

5 (B) by adding at the end the following

6 paragraph:

7 ‘‘(2) TRANSFER OF CERTAIN PROGRAMS AND

8 FUNCTIONS.—This title is subject to the provisions

9 of the Drug Abuse Prevention and Treatment Con10 solidation and Reorganization Act of 1996.’’;

11 (2) in section 1911(a), by striking ‘‘, acting

12 through the Director of the Center for Mental

13 Health Services,’’;

14 (3) in section 1921(a), by striking ‘‘, acting

15 through the Center for Substance Abuse Treat16 ment,’’; and

17 (4) in section 1932—

18 (A) in subsection (b), by striking para19 graph (3); and

20 (B) in subsection (d)(1), by striking ‘‘the

21 Secretary, acting through’’ and all that follows

22 through ‘‘shall’’ and inserting ‘‘the Secretary

23 shall’’.
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1 SEC. 604. EFFECTIVE DATE.

2 This Act takes effect upon the expiration of the 45-

3 day period beginning on the date of the enactment of this

4 Act.

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