I

107TH CONGRESS

1ST SESSION H. R. 2198

To meet the mental health and substance abuse treatment needs of

incarcerated children and youth.

IN THE HOUSE OF REPRESENTATIVES

JUNE 14, 2001

Mr. GEORGE MILLER of California (for himself, Ms. KAPTUR, Mr. STRICKLAND, Mr. OLVER, Mr. STARK, Ms. JACKSON-LEE of Texas, Mr.

BALDACCI, Mr. DEFAZIO, Mr. MCGOVERN, Ms. ESHOO, Mrs.

CHRISTENSEN, Ms. MILLENDER-MCDONALD, Mr. FARR of California,

Mr. SANDLIN, Ms. WOOLSEY, Mrs. MALONEY of New York, Mr. BROWN

of Ohio, Mr. HILLIARD, Mr. WAXMAN, Mr. PAYNE, Mr. KENNEDY of

Rhode Island, Mr. KILDEE, Mr. BONIOR, Ms. MCKINNEY, Mr. LANTOS,

Mr. MCDERMOTT, Mr. RANGEL, Mr. FRANK, Ms. RIVERS, Ms.

SCHAKOWSKY, Ms. SOLIS, and Ms. CARSON of Indiana) introduced the

following bill; which was referred to the Committee on Education and the

Workforce, and in addition to the Committees on Energy and Commerce,

and the Judiciary, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To meet the mental health and substance abuse treatment

needs of incarcerated children and youth.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 2198 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Mental Health Juve3 nile Justice Act’’.

4 SEC. 2. TRAINING OF JUSTICE SYSTEM PERSONNEL.

5 Title II of the Juvenile Justice and Delinquency Pre6 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

7 by adding at the end the following:

8 ‘‘PART K—ACCESS TO MENTAL HEALTH AND

9 SUBSTANCE ABUSE TREATMENT

10 ‘‘SEC. 299AA. GRANTS FOR TRAINING OF JUSTICE SYSTEM

11 PERSONNEL.

12 ‘‘(a) IN GENERAL.—The Administrator shall make

13 grants to State and local juvenile justice agencies in col14 laboration with State and local mental health agencies, for

15 purposes of training the officers and employees of the

16 State juvenile justice system (including employees of facili17 ties that are contracted for operation by State and local

18 juvenile authorities) regarding appropriate access to men19 tal health and substance abuse treatment programs and

20 services in the State for juveniles who come into contact

21 with the State juvenile justice system who have mental

22 health or substance abuse problems.

23 ‘‘(b) USE OF FUNDS.—A State or local juvenile jus24 tice agency that receives a grant under this section may

25 use the grant for purposes of—
3

•HR 2198 IH

1 ‘‘(1) providing cross-training, jointly with the

2 public mental health system, for State juvenile court

3 judges, public defenders, and mental health and sub4 stance abuse agency representatives with respect to

5 the appropriate use of effective, community-based al6 ternatives to juvenile justice or mental health system

7 institutional placements; or

8 ‘‘(2) providing training for State juvenile proba9 tion officers and community mental health and sub10 stance abuse program representatives on appropriate

11 linkages between probation programs and mental

12 health community programs, specifically focusing on

13 the identification of mental disorders and substance

14 abuse addiction in juveniles on probation, effective

15 treatment interventions for those disorders, and

16 making appropriate contact with mental health and

17 substance abuse case managers and programs in the

18 community, in order to ensure that juveniles on pro19 bation receive appropriate access to mental health

20 and substance abuse treatment programs and serv21 ices.

22 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated from the Violent Crime

24 Reduction Trust Fund, $50,000,000 for fiscal years 2002,

25 2003, 2004, 2005, and 2006 to carry out this section.’’.
4

•HR 2198 IH

1 SEC. 3. BLOCK GRANT FUNDING FOR TREATMENT AND DI2 VERSION PROGRAMS.

3 Part K of title II of the Juvenile Justice and Delin4 quency Prevention Act of 1974 (42 U.S.C. 5611 et seq.),

5 as added by section 2, is amended by adding at the end

6 the following:

7 ‘‘SEC. 299BB. GRANTS FOR STATE PARTNERSHIPS.

8 ‘‘(a) IN GENERAL.—The Attorney General and the

9 Secretary of Health and Human Services shall make

10 grants to partnerships between State and local/county ju11 venile justice agencies and State and local mental health

12 authorities (or appropriate children service agencies) in

13 accordance with this section.

14 ‘‘(b) USE OF FUNDS.—A partnership described in

15 subsection (a) that receives a grant under this section

16 shall use such amounts for the establishment and imple17 mentation of programs that address the service needs of

18 juveniles who come into contact with the justice system

19 (including facilities contracted for operation by State or

20 local juvenile authorities) who have mental health or sub21 stance abuse problems, by requiring the following:

22 ‘‘(1) DIVERSION.—Appropriate diversion of

23 those juveniles from incarceration—

24 ‘‘(A) at imminent risk of being taken into

25 custody;
5

•HR 2198 IH

1 ‘‘(B) at the time they are initially taken

2 into custody;

3 ‘‘(C) after they are charged with an of4 fense or act of juvenile delinquency;

5 ‘‘(D) after they are adjudicated delinquent

6 but prior to case disposition; and

7 ‘‘(E) after they are released from a juve8 nile facility, for the purposes of attending after9 care programs.

10 ‘‘(2) TREATMENT.—

11 ‘‘(A) SCREENING AND ASSESSMENT OF JU12 VENILES.—

13 ‘‘(i) IN GENERAL.—Initial mental

14 health screening shall be completed for all

15 juveniles immediately upon entering the ju16 venile justice system or a juvenile facility.

17 Screening shall be conducted by qualified

18 health and mental health professionals or

19 by staff who have been trained by qualified

20 health, mental health, and substance abuse

21 professionals. In the case of a screening by

22 staff, the screening results should be re23 viewed by qualified health, mental health

24 professionals not later than 24 hours after

25 the screening.
6

•HR 2198 IH

1 ‘‘(ii) ACUTE MENTAL ILLNESS.—Juve2 niles who suffer from acute mental dis3 orders, who are suicidal, or in need of de4 toxification shall be placed in or imme5 diately transferred to an appropriate med6 ical or mental health facility. They shall be

7 admitted to a secure correctional facility

8 only with written medical clearance.

9 ‘‘(iii) COMPREHENSIVE ASSESS10 MENT.—All juveniles entering the juvenile

11 justice system shall have a comprehensive

12 assessment conducted and an individual13 ized treatment plan written and imple14 mented within 2 weeks. This assessment

15 shall be conducted within 1 week for juve16 niles incarcerated in secure facilities. As17 sessments shall be completed by qualified

18 health, mental health, and substance abuse

19 professionals.

20 ‘‘(B) TREATMENT.—

21 ‘‘(i) IN GENERAL.—If the need for

22 treatment is indicated by the assessment of

23 a juvenile, the juvenile shall be referred to

24 or treated by a qualified professional. A ju25 venile who is currently receiving treatment
7

•HR 2198 IH

1 for a mental or emotional disorder shall

2 have treatment continued.

3 ‘‘(ii) PERIOD.—Treatment shall con4 tinue until additional mental health assess5 ment determines that the juvenile is no

6 longer in need of treatment. Treatment

7 plans shall be reevaluated at least every 30

8 days.

9 ‘‘(iii) DISCHARGE PLAN.—An incar10 cerated juvenile shall have a discharge plan

11 prepared when the juvenile enters the cor12 rectional facility in order to integrate the

13 juvenile back into the family or the com14 munity. This plan shall be updated in con15 sultation with the juvenile’s family or

16 guardian before the juvenile leaves the fa17 cility. Discharge plans shall address the

18 provision of aftercare services.

19 ‘‘(iv) MEDICATION.—Any juvenile re20 ceiving psychotropic medications shall be

21 under the care of a licensed psychiatrist.

22 Psychotropic medications shall be mon23 itored regularly by trained staff for their

24 efficacy and side effects.
8

•HR 2198 IH

1 ‘‘(v) SPECIALIZED TREATMENT.—Spe2 cialized treatment and services shall be

3 continually available to a juvenile who—

4 ‘‘(I) has a history of mental

5 health problems or treatment;

6 ‘‘(II) has a documented history

7 of sexual abuse or offenses, as victim

8 or as perpetrator;

9 ‘‘(III) has substance abuse prob10 lems, health problems, learning dis11 abilities, or histories of family abuse

12 or violence; or

13 ‘‘(IV) has developmental disabil14 ities.

15 ‘‘(C) MEDICAL AND MENTAL HEALTH

16 EMERGENCIES.—All correctional facilities shall

17 have written policies and procedures on suicide

18 prevention. All staff working in correctional fa19 cilities shall be trained and certified annually in

20 suicide prevention. Facilities shall have written

21 arrangements with a hospital or other facility

22 for providing emergency medical and mental

23 health care. Physical and mental health services

24 shall be available to an incarcerated juvenile 24

25 hours per day, 7 days per week.
9

•HR 2198 IH

1 ‘‘(D) CLASSIFICATION OF JUVENILES.—

2 ‘‘(i) IN GENERAL.—Juvenile facilities

3 shall classify and house juveniles in living

4 units according to a plan that includes age,

5 gender, offense, special medical or mental

6 health condition, size, and vulnerability to

7 victimization. Younger, smaller, weaker,

8 and more vulnerable juveniles shall not be

9 placed in housing units with older, more

10 aggressive juveniles.

11 ‘‘(ii) BOOT CAMPS.—juveniles who are

12 under 13 years old or who have serious

13 medical conditions or mental illness shall

14 not be placed in paramilitary boot camps.

15 ‘‘(E) CONFIDENTIALITY OF RECORDS.—

16 Mental health and substance abuse treatment

17 records of juveniles shall be treated as confiden18 tial and shall be excluded from the records that

19 States require to be routinely released to other

20 correctional authorities and school officials.

21 ‘‘(F) MANDATORY REPORTING.—States

22 shall keep records of the incidence and types of

23 mental health and substance abuse disorders in

24 their juvenile justice populations, the range and

25 scope of services provided, and barriers to serv-
10

•HR 2198 IH

1 ice. The State shall submit an analysis of this

2 information yearly to the Department of Jus3 tice.

4 ‘‘(G) STAFF RATIOS FOR CORRECTIONAL

5 FACILITIES.—Each secure correctional facility

6 shall have a minimum ratio of no fewer than

7 1 mental health counselor to every 50 juveniles.

8 Mental health counselors shall be professionally

9 trained and certified or licensed. Each secure

10 correctional facility shall have a minimum ratio

11 of 1 clinical psychologist for every 100 juve12 niles. Each secure correctional facility shall

13 have a minimum ratio of 1 licensed psychiatrist

14 for every 100 juveniles receiving psychiatric

15 care.

16 ‘‘(H) USE OF FORCE.—

17 ‘‘(i) WRITTEN GUIDELINES.—All juve18 nile facilities shall have a written behav19 ioral management system based on incen20 tives and rewards to reduce misconduct

21 and to decrease the use of restraints and

22 seclusion by staff.

23 ‘‘(ii) LIMITATIONS ON RESTRAINT.—

24 Control techniques such as restraint, seclu25 sion, chemical sprays, and room confine-
11

•HR 2198 IH

1 ment shall be used only in response to ex2 treme threats to life or safety. Use of these

3 techniques shall be approved by the facility

4 superintendent or chief medical officer and

5 documented in the juvenile’s file along with

6 the justification for use and the failure of

7 less restrictive alternatives.

8 ‘‘(iii) LIMITATION ON ISOLATION.—

9 Isolation and seclusion shall be used only

10 for immediate and short-term security or

11 safety reasons. No juvenile shall be placed

12 in isolation without approval of the facility

13 superintendent or chief medical officer or

14 their official staff designee. All cases shall

15 be documented in the juvenile’s file along

16 with the justification. A juvenile shall be in

17 isolation only the amount of time necessary

18 to achieve security and safety of the juve19 nile and staff. Staff shall monitor each ju20 venile in isolation once every 15 minutes

21 and conduct a professional review of the

22 need for isolation at least every 4 hours.

23 Any juvenile held in seclusion for 24 hours

24 shall be examined by a physician or li25 censed psychologist.
12

•HR 2198 IH

1 ‘‘(I) IDEA AND REHABILITATION ACT.—

2 All juvenile facilities shall abide by all manda3 tory requirements and time lines set forth

4 under the Individuals with Disabilities Edu5 cation Act and section 504 of the Rehabilitation

6 Act of 1973.

7 ‘‘(J) ADVOCACY ASSISTANCE.—

8 ‘‘(i) IN GENERAL.—The Secretary of

9 Health and Human Services shall make

10 grants to the systems established under

11 part C of the Developmental Disabilities

12 Assistance and Bill of Rights Act (42

13 U.S.C. 6041 et seq.) to monitor the mental

14 health and special education services pro15 vided by grantees to juveniles under para16 graph (2) (A), (B), (C), (H), and (I) of

17 this section, and to advocate on behalf of

18 juveniles to assure that such services are

19 properly provided.

20 ‘‘(ii) APPROPRIATION.—The Secretary

21 of Health and Human Services will reserve

22 no less than 3 percent of the funds appro23 priated under this section for the purposes

24 set forth in paragraph (2)(J)(i).

25 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
13

•HR 2198 IH

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

2 appropriated from the Violent Crime Reduction

3 Trust Fund, $500,000,000 for fiscal years 2002,

4 2003, 2004, 2005, and 2006 to carry out this sec5 tion.

6 ‘‘(2) ALLOCATION.—Of amounts appropriated

7 under paragraph (1)—

8 ‘‘(A) 35 percent shall be used for diversion

9 programs under subsection (b)(1); and

10 ‘‘(B) 65 percent shall be used for treat11 ment programs under subsection (b)(2).

12 ‘‘(3) INCENTIVES.—The Attorney General and

13 the Secretary of Health and Human Services shall

14 give preference under subsection (b)(2) to partner15 ships that integrate treatment programs to serve ju16 veniles with co-occurring mental health and sub17 stance abuse disorders.

18 ‘‘(4) WAIVERS.—The Attorney General and the

19 Secretary of Health and Human Services may grant

20 a waiver of requirements under subsection (b)(2) for

21 good cause.

22 ‘‘SEC. 299CC. GRANTS FOR PARTNERSHIPS.

23 ‘‘(a) IN GENERAL.—Any partnership desiring to re24 ceive a grant under this part shall submit an application

25 at such time, in such manner, and containing such infor-
14

•HR 2198 IH

1 mation as the Attorney General and the Secretary of

2 Health and Human Services may prescribe.

3 ‘‘(b) CONTENTS.—In accordance with guidelines es4 tablished by the Attorney General and the Secretary of

5 Health and Human Services, each application submitted

6 under subsection (a) shall—

7 ‘‘(1) set forth a program or activity for carrying

8 out one or more of the purposes specified in section

9 299BB(b) and specifically identify each such pur10 pose such program or activity is designed to carry

11 out;

12 ‘‘(2) provide that such program or activity shall

13 be administered by or under the supervision of the

14 applicant;

15 ‘‘(3) provide for the proper and efficient admin16 istration of such program or activity;

17 ‘‘(4) provide for regular evaluation of such pro18 gram or activity;

19 ‘‘(5) provide an assurance that the proposed

20 program or activity will supplement, not supplant,

21 similar programs and activities already available in

22 the community; and

23 ‘‘(6) provide for such fiscal control and fund ac24 counting procedures as may be necessary to ensure
15

•HR 2198 IH

1 prudent use, proper disbursement, and accurate ac2 counting of funds receiving under this part.’’.

3 SEC. 4. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM

4 PROGRAMS.

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

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

7 adding at the end the following:

8 ‘‘SEC. 520C. INITIATIVE FOR COMPREHENSIVE, INTER9 SYSTEM PROGRAMS.

10 ‘‘(a) IN GENERAL.—The Attorney General and the

11 Secretary, acting through the Director of the Center for

12 Mental Health Services, shall award competitive grants to

13 eligible entities for programs that address the service

14 needs of juveniles and juveniles with serious mental ill15 nesses by requiring the State or local juvenile justice sys16 tem, the mental health system, and the substance abuse

17 treatment system to work collaboratively to ensure—

18 ‘‘(1) the appropriate diversion of such juveniles

19 and juveniles from incarceration;

20 ‘‘(2) the provision of appropriate mental health

21 and substance abuse services as an alternative to in22 carceration and for those juveniles on probation or

23 parole; and
16

•HR 2198 IH

1 ‘‘(3) the provision of followup services for juve2 niles who are discharged from the juvenile justice

3 system.

4 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant

5 under this section an entity shall—

6 ‘‘(1) be a State or local juvenile justice agency,

7 mental health agency, or substance abuse agency

8 (including community diversion programs);

9 ‘‘(2) prepare and submit to the Secretary an

10 application at such time, in such manner, and con11 taining such information as the Secretary may re12 quire, including—

13 ‘‘(A) an assurance that the applicant has

14 the consent of all entities described in para15 graph (1) in carrying out and coordinating ac16 tivities under the grant; and

17 ‘‘(B) with respect to services for juveniles,

18 an assurance that the applicant has collabo19 rated with the State or local educational agency

20 and the State or local welfare agency in car21 rying out and coordinating activities under the

22 grant;

23 ‘‘(3) be given priority if it is a joint application

24 between juvenile justice and substance abuse or

25 mental health agencies; and
17

•HR 2198 IH

1 ‘‘(4) ensure that funds from non-Federal

2 sources are available to match amounts provided

3 under the grant in an amount that is not less

4 than—

5 ‘‘(A) with respect to the first 3 years

6 under the grant, 25 percent of the amount pro7 vided under the grant; and

8 ‘‘(B) with respect to the fourth and fifth

9 years under the grant, 50 percent of the

10 amount provided under the grant.

11 ‘‘(c) USE OF FUNDS.—

12 ‘‘(1) INITIAL YEAR.—An entity that receives a

13 grant under this section shall, in the first fiscal year

14 in which amounts are provided under the grant, use

15 such amounts to develop a collaborative plan—

16 ‘‘(A) for how the guarantee will institute a

17 system to provide intensive community

18 services—

19 ‘‘(i) to prevent high-risk juveniles

20 from coming in contact with the justice

21 system; and

22 ‘‘(ii) to meet the mental health and

23 substance abuse treatment needs of juve24 niles on probation or recently discharged

25 from the justice system; and
18

•HR 2198 IH

1 ‘‘(B) providing for the exchange by agen2 cies of information to enhance the provision of

3 mental health or substance abuse services to ju4 veniles.

5 ‘‘(2) 2–5TH YEARS.—With respect to the sec6 ond through fifth fiscal years in which amounts are

7 provided under the grant, the grantee shall use

8 amounts provided under the grant—

9 ‘‘(A) to furnish services, such as assertive

10 community treatment, wrap-around services for

11 juveniles, multisystemic therapy, outreach, inte12 grated mental health and substance abuse

13 treatment, case management, health care, edu14 cation and job training, assistance in securing

15 stable housing, finding a job or obtaining in16 come support, other benefits, access to appro17 priate school-based services, transitional and

18 independent living services, mentoring pro19 grams, home-based services, and provision of

20 appropriate after school and summer pro21 graming;

22 ‘‘(B) to establish a network of boundary

23 spanners to conduct regular meetings with

24 judges, provide liaison with mental health and

25 substance abuse workers, share and distribute
19

•HR 2198 IH

1 information, and coordinate with mental health

2 and substance abuse treatment providers, and

3 probation or parole officers concerning provision

4 of appropriate mental health and drug and alco5 hol addiction services for individuals on proba6 tion or parole;

7 ‘‘(C) to provide cross-system training

8 among police, corrections, and mental health

9 and substance abuse providers with the purpose

10 of enhancing collaboration and the effectiveness

11 of all systems;

12 ‘‘(D) to provide coordinated and effective

13 aftercare programs for juveniles with emotional

14 or mental disorders who are discharged from

15 jail, prison, or juvenile facilities;

16 ‘‘(E) to purchase technical assistance to

17 achieve the grant project’s goals; and

18 ‘‘(F) to furnish services, to train personnel

19 in collaborative approaches, and to enhance

20 intersystem collaboration.

21 ‘‘(3) DEFINITION.—In paragraph (2)(B), the

22 term ‘boundary spanners’ means professionals who

23 act as case managers for juveniles with mental dis24 orders and substance abuse addictions, within both

25 justice agency facilities and community mental
20

•HR 2198 IH

1 health programs and who have full authority from

2 both systems to act as problem-solvers and advocates

3 on behalf of individuals targeted for service under

4 this program.

5 ‘‘(d) AREA SERVED BY THE PROJECT.—An entity re6 ceiving a grant under this section shall conduct activities

7 under the grant to serve at least a single political jurisdic8 tion.

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

10 shall be made available to carry out the section, not less

11 than 10 percent of the amount appropriated under section

12 1935(a) for each of the fiscal years 2002 through 2006.’’.

13 SEC. 5. FEDERAL COORDINATING COUNCIL ON THE CRIM14 INALIZATION OF JUVENILES WITH MENTAL

15 DISORDERS.

16 (a) ESTABLISHMENT.—There is established a Fed17 eral Coordinating Council on Criminalization of Juveniles

18 With Mental Disorders as an interdepartmental council to

19 study and coordinate the criminal and juvenile justice and

20 mental health and substance abuse activities of the Fed21 eral Government and to report to Congress on proposed

22 new legislation to improve the treatment of mentally ill

23 juveniles who come in contact with the juvenile justice sys24 tem.
21

•HR 2198 IH

1 (b) MEMBERSHIP.—The Council shall include rep2 resentatives from—

3 (1) the appropriate Federal agencies, as deter4 mined by the President, including, at a minimum—

5 (A) the Office of the Secretary of Health

6 and Human Services;

7 (B) the Office for Juvenile Justice and De8 linquency Prevention;

9 (C) the National Institute of Mental

10 Health;

11 (D) the Social Security Administration;

12 (E) the Department of Education; and

13 (F) the Substance Abuse and Mental

14 Health Services Administration; and

15 (2) children’s mental health advocacy groups.

16 (c) DUTIES.—The Council shall—

17 (1) review Federal policies that hinder or facili18 tate coordination at the State and local level between

19 the mental health and substance abuse systems on

20 the one hand and the juvenile justice and corrections

21 system on the other;

22 (2) study the possibilities for improving collabo23 ration at the Federal, State, and local level among

24 these systems; and
22

•HR 2198 IH

1 (3) recommend to Congress any appropriate

2 new initiatives which require legislative action.

3 (d) FINAL REPORT.—The Council shall submit—

4 (1) an interim report on current coordination

5 and collaboration, or lack thereof, 18 months after

6 the Council is established; and

7 (2) recommendations for new initiatives in im8 proving coordination and collaboration in a final re9 port to Congress 2 years after the Council is estab10 lished.

11 (e) EXPIRATION.—The Council shall expire 2 years

12 after the Council is established.

13 SEC. 6. MENTAL HEALTH SCREENING AND TREATMENT

14 FOR PRISONERS.

15 (a) ADDITIONAL REQUIREMENTS FOR THE USE OF

16 FUNDS UNDER THE VIOLENT OFFENDER INCARCER17 ATION AND TRUTH-IN-SENTENCING GRANTS PROGRAM.—

18 Section 20105(b) of the Violent Crime Control and Law

19 Enforcement Act of 1994 is amended to read as follows:

20 ‘‘(b) ADDITIONAL REQUIREMENTS.—

21 ‘‘(1) ELIGIBILITY FOR GRANT.—To be eligible

22 to receive a grant under section 20103 or 20104, a

23 State shall, not later than January 1, 2003, have a

24 program of mental health screening and treatment

25 for appropriate categories of juvenile and other of-
23

•HR 2198 IH

1 fenders during periods of incarceration and juvenile

2 and criminal justice supervision, that is consistent

3 with guidelines issued by the Attorney General.

4 ‘‘(2) USE OF FUNDS.—

5 ‘‘(A) IN GENERAL.—Notwithstanding any

6 other provision of this subtitle, amounts made

7 available to a State under section 20103 or

8 20104, may be applied to the costs of programs

9 described in paragraph (1), consistent with

10 guidelines issued by the Attorney General.

11 ‘‘(B) ADDITIONAL USE.—In addition to

12 being used as specified in subparagraph (A),

13 the funds referred to in that subparagraph may

14 be used by a State to pay the costs of providing

15 to the Attorney General a baseline study on the

16 mental health problems of juvenile offenders

17 and prisoners in the State, which study shall be

18 consistent with guidelines issued by the Attor19 ney General.’’.

20 SEC. 7. INAPPLICABILITY OF AMENDMENTS.

21 Section 3626 of title 18 is amended by adding at the

22 end the following:

23 ‘‘(h) INAPPLICABILITY OF AMENDMENTS.—A civil

24 action that seeks to remedy conditions which pose a threat

25 to the health of individuals who are—
24

•HR 2198 IH

1 ‘‘(1) under the age of 16; or

2 ‘‘(2) mentally ill;

3 shall be governed by the terms of this section, as in effect

4 on the day before the date of enactment of the Prison Liti5 gation Reform Act of 1995 and the amendments made by

6 that Act (18 U.S.C. 3601 note).’’.

Æ