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SEC. 3208. REQUIREMENT RELATING TO THE RIGHTS OF
RESIDENTS OF CERTAIN NON-MEDICAL, COM-
MUNITY-BASED FACILITIES FOR CHILDREN
AND YOUTH.
Title V of the Public Health Service Act (42 U.S.C.
290aa et seq.), as amended by section 3207, is further
amended by adding at the end the following:
‘‘PART 
I—REQUIREMENT 
RELATING 
TO 
THE
RIGHTS OF RESIDENTS OF CERTAIN NON-
MEDICAL, 
COMMUNITY-BASED 
FACILITIES
FOR CHILDREN AND YOUTH
‘‘SEC. 595. REQUIREMENT RELATING TO THE RIGHTS OF
RESIDENTS OF CERTAIN NON-MEDICAL, COM-
MUNITY-BASED FACILITIES FOR CHILDREN
AND YOUTH.
‘‘(a) PROTECTION OF RIGHTS.—
‘‘(1) IN
GENERAL.—A public or private non-
medical, community-based facility for children and
youth (as defined in regulations to be promulgated by
the Secretary) that receives support in any form from
any program supported in whole or in part with
funds appropriated under this Act shall protect and
promote the rights of each resident of the facility, in-
cluding the right to be free from physical or mental
abuse, corporal punishment, and any restraints or in-
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voluntary seclusions imposed for purposes of dis-
cipline or convenience.
‘‘(2) NONAPPLICABILITY.—Notwithstanding this
part, a facility that provides inpatient psychiatric
treatment services for individuals under the age of 21,
as authorized and defined in subsections (a)(16) and
(h) of section 1905 of the Social Security Act, shall
comply with the requirements of part H.
‘‘(3) APPLICABILITY OF MEDICAID PROVISIONS.—
A non-medical, community-based facility for children
and youth funded under the medicaid program under
title XIX of the Social Security Act shall continue to
meet all existing requirements for participation in
such program that are not affected by this part.
‘‘(b) REQUIREMENTS.—
‘‘(1) IN GENERAL.—Physical restraints and se-
clusion may only be imposed on a resident of a facil-
ity described in subsection (a) if—
‘‘(A) the restraints or seclusion are imposed
only in emergency circumstances and only to en-
sure the immediate physical safety of the resi-
dent, a staff member, or others and less restric-
tive interventions have been determined to be in-
effective; and
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‘‘(B) the restraints or seclusion are imposed
only by an individual trained and certified, by
a State-recognized body (as defined in regulation
promulgated by the Secretary) and pursuant to
a process determined appropriate by the State
and approved by the Secretary, in the prevention
and use of physical restraint and seclusion, in-
cluding the needs and behaviors of the popu-
lation served, relationship building, alternatives
to restraint and seclusion, de-escalation methods,
avoiding power struggles, thresholds for re-
straints and seclusion, the physiological and psy-
chological impact of restraint and seclusion,
monitoring physical signs of distress and obtain-
ing medical assistance, legal issues, position as-
phyxia, escape and evasion techniques, time lim-
its, the process for obtaining approval for contin-
ued restraints, procedures to address problematic
restraints, documentation, processing with chil-
dren, and follow-up with staff, and investigation
of injuries and complaints.
‘‘(2) INTERIM PROCEDURES RELATING TO TRAIN-
ING AND CERTIFICATION.—
‘‘(A) IN GENERAL.—Until such time as the
State develops a process to assure the proper
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training and certification of facility personnel in
the skills and competencies referred in paragraph
(1)(B), the facility involved shall develop and
implement an interim procedure that meets the
requirements of subparagraph (B).
‘‘(B) REQUIREMENTS.—A procedure devel-
oped under subparagraph (A) shall—
‘‘(i) ensure that a supervisory or senior
staff person with training in restraint and
seclusion who is competent to conduct a
face-to-face assessment (as defined in regu-
lations promulgated by the Secretary), will
assess the mental and physical well-being of
the child or youth being restrained or se-
cluded and assure that the restraint or se-
clusion is being done in a safe manner;
‘‘(ii) ensure that the assessment re-
quired under clause (i) take place as soon
as practicable, but in no case later than 1
hour after the initiation of the restraint or
seclusion; and
‘‘(iii) ensure that the supervisory or
senior staff person continues to monitor the
situation for the duration of the restraint
and seclusion.
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‘‘(3) LIMITATIONS.—
‘‘(A) IN GENERAL.—The use of a drug or
medication that is used as a restraint to control
behavior or restrict the resident’s freedom of
movement that is not a standard treatment for
the resident’s medical or psychiatric condition in
nonmedical community-based facilities for chil-
dren and youth described in subsection (a)(1) is
prohibited.
‘‘(B) PROHIBITION.—The use of mechanical
restraints in non-medical, community-based fa-
cilities for children and youth described in sub-
section (a)(1) is prohibited.
‘‘(C) LIMITATION.—A non-medical, commu-
nity-based facility for children and youth de-
scribed in subsection (a)(1) may only use seclu-
sion when a staff member is continuously face-
to-face monitoring the resident and when strong
licensing or accreditation and internal controls
are in place.
‘‘(c) RULE OF CONSTRUCTION.—
‘‘(1) IN GENERAL.—Nothing in this section shall
be construed as prohibiting the use of restraints for
medical immobilization, adaptive support, or medical
protection.
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‘‘(2) CURRENT LAW.—This part shall not be con-
strued to affect or impede any Federal or State law
or regulations that provide greater protections than
this part regarding seclusion and restraint.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) MECHANICAL RESTRAINT.—The term ‘me-
chanical restraint’ means the use of devices as a
means of restricting a resident’s freedom of movement.
‘‘(2) PHYSICAL ESCORT.—The term ‘physical es-
cort’ means the temporary touching or holding of the
hand, wrist, arm, shoulder or back for the purpose of
inducing a resident who is acting out to walk to a
safe location.
‘‘(3) PHYSICAL RESTRAINT.—The term ‘physical
restraint’ means a personal restriction that immo-
bilizes or reduces the ability of an individual to move
his or her arms, legs, or head freely. Such term does
not include a physical escort.
‘‘(4) SECLUSION.—The term ‘seclusion’ means a
behavior control technique involving locked isolation.
Such term does not include a time out.
‘‘(5) TIME OUT.—The term ‘time out’ means a
behavior management technique that is part of an ap-
proved treatment program and may involve the sepa-
ration of the resident from the group, in a non-locked
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setting, for the purpose of calming. Time out is not
seclusion.
‘‘SEC. 595A. REPORTING REQUIREMENT.
‘‘Each facility to which this part applies shall notify
the appropriate State licensing or regulatory agency, as de-
termined by the Secretary—
‘‘(1) of each death that occurs at each such facil-
ity. A notification under this section shall include the
name of the resident and shall be provided not later
than 24 hours after the time of the individuals death;
and
‘‘(2) of the use of seclusion or restraints in ac-
cordance with regulations promulgated by the Sec-
retary, in consultation with the States.
‘‘SEC. 595B. REGULATIONS AND ENFORCEMENT.
‘‘(a) TRAINING.—Not later than 6 months after the
date of enactment of this part, the Secretary, after consulta-
tion with appropriate State, local, public and private pro-
tection and advocacy organizations, health care profes-
sionals, social workers, facilities, and patients, shall pro-
mulgate regulations that—
‘‘(1) require States that license non-medical,
community-based residential facilities for children
and youth to develop licensing rules and monitoring
requirements concerning behavior management prac-
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tice that will ensure compliance with Federal regula-
tions and to meet the requirements of subsection (b);
‘‘(2) require States to develop and implement
such licensing rules and monitoring requirements
within 1 year after the promulgation of the regula-
tions referred to in the matter preceding paragraph
(1); and
‘‘(3) support the development of national guide-
lines and standards on the quality, quantity, orienta-
tion and training, required under this part, as well
as the certification or licensure of those staff respon-
sible for the implementation of behavioral interven-
tion concepts and techniques.
‘‘(b) REQUIREMENTS.—The regulations promulgated
under subsection (a) shall require—
‘‘(1) that facilities described in subsection (a) en-
sure that there is an adequate number of qualified
professional and supportive staff to evaluate residents,
formulate 
written 
individualized, 
comprehensive
treatment plans, and to provide active treatment
measures;
‘‘(2) the provision of appropriate training and
certification of the staff of such facilities in the pre-
vention and use of physical restraint and seclusion,
including the needs and behaviors of the population
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served, relationship building, alternatives to restraint,
de-escalation methods, avoiding power struggles,
thresholds for restraints, the physiological impact of
restraint and seclusion, monitoring physical signs of
distress and obtaining medical assistance, legal issues,
position asphyxia, escape and evasion techniques,
time limits for the use of restraint and seclusion, the
process for obtaining approval for continued re-
straints and seclusion, procedures to address problem-
atic restraints, documentation, processing with chil-
dren, and follow-up with staff, and investigation of
injuries and complaints; and
‘‘(3) that such facilities provide complete and ac-
curate notification of deaths, as required under sec-
tion 595A(1).
‘‘(c) ENFORCEMENT.—A State to which this part ap-
plies that fails to comply with any requirement of this part,
including a failure to provide appropriate training and
certification, shall not be eligible for participation in any
program supported in whole or in part by funds appro-
priated under this Act.’’.
SEC. 3209. EMERGENCY MENTAL HEALTH CENTERS.
Subpart 3 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb–31 et seq.), as amended by
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section 3111, is further amended by adding at the end the
following:
‘‘SEC. 520F. GRANTS FOR EMERGENCY MENTAL HEALTH
CENTERS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall
award grants to States, political subdivisions of States, In-
dian tribes, and tribal organizations to support the designa-
tion of hospitals and health centers as Emergency Mental
Health Centers.
‘‘(b) HEALTH CENTER.—In this section, the term
‘health center’ has the meaning given such term in section
330, and includes community health centers and commu-
nity mental health centers.
‘‘(c) DISTRIBUTION OF AWARDS.—The Secretary shall
ensure that such grants awarded under subsection (a) are
equitably distributed among the geographical regions of the
United States, between urban and rural populations, and
between different settings of care including health centers,
mental health centers, hospitals, and other psychiatric units
or facilities.
‘‘(d) APPLICATION.—A State, political subdivision of
a State, Indian tribe, or tribal organization that desires
a grant under subsection (a) shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require, in-
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cluding a plan for the rigorous evaluation of activities car-
ried out with funds received under this section.
‘‘(e) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State, political subdivi-
sion of a State, Indian tribe, or tribal organization
receiving a grant under subsection (a) shall use funds
from such grant to establish or designate hospitals
and health centers as Emergency Mental Health Cen-
ters.
‘‘(2) EMERGENCY MENTAL HEALTH CENTERS.—
Such Emergency Mental Health Centers described in
paragraph (1)—
‘‘(A) shall—
‘‘(i) serve as a central receiving point
in the community for individuals who may
be in need of emergency mental health serv-
ices;
‘‘(ii) purchase, if needed, any equip-
ment necessary to evaluate, diagnose and
stabilize an individual with a mental ill-
ness;
‘‘(iii) provide training, if needed, to
the medical personnel staffing the Emer-
gency Mental Health Center to evaluate, di-
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agnose, stabilize, and treat an individual
with a mental illness; and
‘‘(iv) provide any treatment that is
necessary for an individual with a mental
illness or a referral for such individual to
another facility where such treatment may
be received; and
‘‘(B) may establish and train a mobile cri-
sis intervention team to respond to mental health
emergencies within the community.
‘‘(f) EVALUATION.—A State, political subdivision of a
State, Indian tribe, or tribal organization that receives a
grant under subsection (a) shall prepare and submit an
evaluation to the Secretary at such time, in such manner,
and containing such information as the Secretary may rea-
sonably require, including an evaluation of activities car-
ried out with funds received under this section and a proc-
ess and outcomes evaluation.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section,
$25,000,000 for fiscal year 2001 and such sums as may be
necessary for each of the fiscal years 2002 through 2003.’’.
SEC. 3210. GRANTS FOR JAIL DIVERSION PROGRAMS.
Subpart 3 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb–31 et seq.), as amended by
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section 3209, is further amended by adding at the end the
following:
‘‘SEC. 520G. GRANTS FOR JAIL DIVERSION PROGRAMS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall
make up to 125 grants to States, political subdivisions of
States, Indian tribes, and tribal organizations, acting di-
rectly or through agreements with other public or nonprofit
entities, to develop and implement programs to divert indi-
viduals with a mental illness from the criminal justice sys-
tem to community-based services.
‘‘(b) ADMINISTRATION.—
‘‘(1) CONSULTATION.—The Secretary shall con-
sult with the Attorney General and any other appro-
priate officials in carrying out this section.
‘‘(2) REGULATORY AUTHORITY.—The Secretary
shall issue regulations and guidelines necessary to
carry out this section, including methodologies and
outcome measures for evaluating programs carried
out by States, political subdivisions of States, Indian
tribes, and tribal organizations receiving grants
under subsection (a).
‘‘(c) APPLICATIONS.—
‘‘(1) IN
GENERAL.—To receive a grant under
subsection (a), the chief executive of a State, chief ex-
ecutive of a subdivision of a State, Indian tribe or
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tribal organization shall prepare and submit an ap-
plication to the Secretary at such time, in such man-
ner, and containing such information as the Sec-
retary shall reasonably require.
‘‘(2) CONTENT.—Such application shall—
‘‘(A) contain an assurance that—
‘‘(i) community-based mental health
services will be available for the individuals
who are diverted from the criminal justice
system, and that such services are based on
the best known practices, reflect current re-
search findings, include case management,
assertive community treatment, medication
management and access, integrated mental
health and co-occurring substance abuse
treatment, and psychiatric rehabilitation,
and will be coordinated with social services,
including life skills training, housing place-
ment, vocational training, education job
placement, and health care;
‘‘(ii) there has been relevant inter-
agency collaboration between the appro-
priate criminal justice, mental health, and
substance abuse systems; and
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‘‘(iii) the Federal support provided
will be used to supplement, and not sup-
plant, State, local, Indian tribe, or tribal
organization sources of funding that would
otherwise be available;
‘‘(B) demonstrate that the diversion pro-
gram will be integrated with an existing system
of care for those with mental illness;
‘‘(C) explain the applicant’s inability to
fund the program adequately without Federal as-
sistance;
‘‘(D) specify plans for obtaining necessary
support and continuing the proposed program
following the conclusion of Federal support; and
‘‘(E) describe methodology and outcome
measures that will be used in evaluating the pro-
gram.
‘‘(d) USE OF FUNDS.—A State, political subdivision
of a State, Indian tribe, or tribal organization that receives
a grant under subsection (a) may use funds received under
such grant to—
‘‘(1) integrate the diversion program into the ex-
isting system of care;
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‘‘(2) create or expand community-based mental
health and co-occurring mental illness and substance
abuse services to accommodate the diversion program;
‘‘(3) train professionals involved in the system of
care, and law enforcement officers, attorneys, and
judges; and
‘‘(4) provide community outreach and crisis
intervention.
‘‘(e) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Secretary shall pay to a
State, political subdivision of a State, Indian tribe,
or tribal organization receiving a grant under sub-
section (a) the Federal share of the cost of activities
described in the application.
‘‘(2) FEDERAL SHARE.—The Federal share of a
grant made under this section shall not exceed 75 per-
cent of the total cost of the program carried out by
the State, political subdivision of a State, Indian
tribe, or tribal organization. Such share shall be used
for new expenses of the program carried out by such
State, political subdivision of a State, Indian tribe,
or tribal organization.
‘‘(3) NON-FEDERAL
SHARE.—The non-Federal
share of payments made under this section may be
made in cash or in kind fairly evaluated, including
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planned equipment or services. The Secretary may
waive the requirement of matching contributions.
‘‘(f) GEOGRAPHIC
DISTRIBUTION.—The Secretary
shall ensure that such grants awarded under subsection (a)
are equitably distributed among the geographical regions of
the United States and between urban and rural popu-
lations.
‘‘(g) TRAINING AND TECHNICAL ASSISTANCE.—Train-
ing and technical assistance may be provided by the Sec-
retary to assist a State, political subdivision of a State,
Indian tribe, or tribal organization receiving a grant under
subsection (a) in establishing and operating a diversion
program.
‘‘(h) EVALUATIONS.—The programs described in sub-
section (a) shall be evaluated not less than 1 time in every
12-month period using the methodology and outcome meas-
ures identified in the grant application.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$10,000,000 for fiscal year 2001, and such sums as may
be necessary for fiscal years 2002 through 2003.’’.
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SEC. 3211. IMPROVING OUTCOMES FOR CHILDREN AND
ADOLESCENTS 
THROUGH 
SERVICES 
INTE-
GRATION BETWEEN CHILD WELFARE AND
MENTAL HEALTH SERVICES.
Subpart 3 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb–31 et seq.), as amended by
section 3210, is further amended by adding at the end the
following:
‘‘SEC. 520H. IMPROVING OUTCOMES FOR CHILDREN AND
ADOLESCENTS 
THROUGH 
SERVICES 
INTE-
GRATION BETWEEN CHILD WELFARE AND
MENTAL HEALTH SERVICES.
‘‘(a) IN GENERAL.—The Secretary shall award grants,
contracts or cooperative agreements to States, political sub-
divisions of States, Indian tribes, and tribal organizations
to provide integrated child welfare and mental health serv-
ices for children and adolescents under 19 years of age in
the child welfare system or at risk for becoming part of the
system, and parents or caregivers with a mental illness or
a mental illness and a co-occurring substance abuse dis-
order.
‘‘(b) DURATION.—With respect to a grant, contract or
cooperative agreement awarded under this section, the pe-
riod during which payments under such award are made
to the recipient may not exceed 5 years.
‘‘(c) APPLICATION.—
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‘‘(1) IN GENERAL.—To be eligible to receive an
award under subsection (a), a State, political subdivi-
sion of a State, Indian tribe, or tribal organization
shall submit an application to the Secretary at such
time, in such manner, and accompanied by such in-
formation as the Secretary may reasonably require.
‘‘(2) CONTENT.—An application submitted under
paragraph (1) shall—
‘‘(A) describe the program to be funded
under the grant, contract or cooperative agree-
ment;
‘‘(B) explain how such program reflects best
practices in the provision of child welfare and
mental health services; and
‘‘(C) provide assurances that—
‘‘(i) persons providing services under
the grant, contract or cooperative agreement
are adequately trained to provide such serv-
ices; and
‘‘(ii) the services will be provided in
accordance with subsection (d).
‘‘(d) USE OF FUNDS.—A State, political subdivision
of a State, Indian tribe, or tribal organization that receives
a grant, contract, or cooperative agreement under sub-
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section (a) shall use amounts made available through such
grant, contract or cooperative agreement to—
‘‘(1) provide family-centered, comprehensive, and
coordinated child welfare and mental health services,
including prevention, early intervention and treat-
ment services for children and adolescents, and for
their parents or caregivers;
‘‘(2) ensure a single point of access for such co-
ordinated services;
‘‘(3) provide integrated mental health and sub-
stance abuse treatment for children, adolescents, and
parents or caregivers with a mental illness and a co-
occurring substance abuse disorder;
‘‘(4) provide training for the child welfare, men-
tal health and substance abuse professionals who will
participate in the program carried out under this sec-
tion;
‘‘(5) provide technical assistance to child welfare
and mental health agencies;
‘‘(6) develop cooperative efforts with other service
entities in the community, including education, social
services, juvenile justice, and primary health care
agencies;
‘‘(7) coordinate services with services provided
under the medicaid program and the State Children’s
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Health Insurance Program under titles XIX and XXI
of the Social Security Act;
‘‘(8) provide linguistically appropriate and cul-
turally competent services; and
‘‘(9) evaluate the effectiveness and cost-efficiency
of the integrated services that measure the level of co-
ordination, outcome measures for parents or care-
givers with a mental illness or a mental illness and
a co-occurring substance abuse disorder, and outcome
measures for children.
‘‘(e) DISTRIBUTION OF AWARDS.—The Secretary shall
ensure that grants, contracts, and cooperative agreements
awarded under subsection (a) are equitably distributed
among the geographical regions of the United States and
between urban and rural populations.
‘‘(f) EVALUATION.—The Secretary shall evaluate each
program carried out by a State, political subdivision of a
State, Indian tribe, or tribal organization under subsection
(a) and shall disseminate the findings with respect to each
such evaluation to appropriate public and private entities.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section,
$10,000,000 for fiscal year 2001, and such sums as may
be necessary for each of fiscal years 2002 and 2003.’’.
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SEC. 3212. GRANTS FOR THE INTEGRATED TREATMENT OF
SERIOUS MENTAL ILLNESS AND CO-OCCUR-
RING SUBSTANCE ABUSE.
Subpart 3 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb–31 et seq.), as amended by
section 3211, is further amended by adding at the end the
following:
‘‘SEC. 520I. GRANTS FOR THE INTEGRATED TREATMENT OF
SERIOUS MENTAL ILLNESS AND CO-OCCUR-
RING SUBSTANCE ABUSE.
‘‘(a) IN GENERAL.—The Secretary shall award grants,
contracts, or cooperative agreements to States, political sub-
divisions of States, Indian tribes, tribal organizations, and
private nonprofit organizations for the development or ex-
pansion of programs to provide integrated treatment serv-
ices for individuals with a serious mental illness and a co-
occurring substance abuse disorder.
‘‘(b) PRIORITY.—In awarding grants, contracts, and
cooperative agreements under subsection (a), the Secretary
shall give priority to applicants that emphasize the provi-
sion of services for individuals with a serious mental illness
and a co-occurring substance abuse disorder who—
‘‘(1) have a history of interactions with law en-
forcement or the criminal justice system;
‘‘(2) have recently been released from incarcer-
ation;
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‘‘(3) have a history of unsuccessful treatment in
either an inpatient or outpatient setting;
‘‘(4) have never followed through with outpatient
services despite repeated referrals; or
‘‘(5) are homeless.
‘‘(c) USE OF FUNDS.—A State, political subdivision
of a State, Indian tribe, tribal organization, or private non-
profit organization that receives a grant, contract, or coop-
erative agreement under subsection (a) shall use funds re-
ceived under such grant—
‘‘(1) to provide fully integrated services rather
than serial or parallel services;
‘‘(2) to employ staff that are cross-trained in the
diagnosis and treatment of both serious mental illness
and substance abuse;
‘‘(3) to provide integrated mental health and
substance abuse services at the same location;
‘‘(4) to provide services that are linguistically
appropriate and culturally competent;
‘‘(5) to provide at least 10 programs for inte-
grated treatment of both mental illness and substance
abuse at sites that previously provided only mental
health services or only substance abuse services; and
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‘‘(6) to provide services in coordination with
other existing public and private community pro-
grams.
‘‘(d) CONDITION.—The Secretary shall ensure that a
State, political subdivision of a State, Indian tribe, tribal
organization, or private nonprofit organization that re-
ceives a grant, contract, or cooperative agreement under
subsection (a) maintains the level of effort necessary to sus-
tain existing mental health and substance abuse programs
for other populations served by mental health systems in
the community.
‘‘(e) DISTRIBUTION OF AWARDS.—The Secretary shall
ensure that grants, contracts, or cooperative agreements
awarded under subsection (a) are equitably distributed
among the geographical regions of the United States and
between urban and rural populations.
‘‘(f) DURATION.—The Secretary shall award grants,
contract, or cooperative agreements under this subsection
for a period of not more than 5 years.
‘‘(g) APPLICATION.—A State, political subdivision of
a State, Indian tribe, tribal organization, or private non-
profit organization that desires a grant, contract, or cooper-
ative agreement under this subsection shall prepare and
submit an application to the Secretary at such time, in
such manner, and containing such information as the Sec-
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retary may require. Such application shall include a plan
for the rigorous evaluation of activities funded with an
award under such subsection, including a process and out-
comes evaluation.
‘‘(h) EVALUATION.—A State, political subdivision of
a State, Indian tribe, tribal organization, or private non-
profit organization that receives a grant, contract, or coop-
erative agreement under this subsection shall prepare and
submit a plan for the rigorous evaluation of the program
funded under such grant, contract, or agreement, including
both process and outcomes evaluation, and the submission
of an evaluation at the end of the project period.
‘‘(i) AUTHORIZATION OF APPROPRIATION.—There is
authorized to be appropriated to carry out this subsection
$40,000,000 for fiscal year 2001, and such sums as may
be necessary for fiscal years 2002 through 2003.’’.
SEC. 3213. TRAINING GRANTS.
Subpart 3 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb–31 et seq.), as amended by
section 3212, is further amended by adding at the end the
following:
‘‘SEC. 520J. TRAINING GRANTS.
‘‘(a) IN GENERAL.—The Secretary shall award grants
in accordance with the provisions of this section.
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‘‘(b) 
MENTAL
ILLNESS
AWARENESS
TRAINING
GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants to States, political subdivisions of States, In-
dian tribes, tribal organizations, and nonprofit pri-
vate entities to train teachers and other relevant
school personnel to recognize symptoms of childhood
and adolescent mental disorders, to refer family mem-
bers to the appropriate mental health services if nec-
essary, to train emergency services personnel to iden-
tify and appropriately respond to persons with a
mental illness, and to provide education to such
teachers and personnel regarding resources that are
available in the community for individuals with a
mental illness.
‘‘(2) EMERGENCY SERVICES PERSONNEL.—In
this subsection, the term ‘emergency services per-
sonnel’ includes paramedics, firefighters, and emer-
gency medical technicians.
‘‘(3) DISTRIBUTION OF AWARDS.—The Secretary
shall ensure that such grants awarded under this sub-
section are equitably distributed among the geo-
graphical regions of the United States and between
urban and rural populations.
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‘‘(6) EVALUATION.—A State, political subdivi-
sion of a State, Indian tribe, tribal organization, or
nonprofit private entity that receives a grant under
this subsection shall prepare and submit an evalua-
tion to the Secretary at such time, in such manner,
and containing such information as the Secretary
may reasonably require, including an evaluation of
activities carried out with funds received under the
grant under this subsection and a process and out-
come evaluation.
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection, $25,000,000 for fiscal year 2001 and
such sums as may be necessary for each of fiscal years
2002 through 2003.’’.
TITLE XXXIII—PROVISIONS RE-
LATING 
TO 
SUBSTANCE
ABUSE
SEC. 
3301. 
PRIORITY 
SUBSTANCE 
ABUSE 
TREATMENT
NEEDS OF REGIONAL AND NATIONAL SIGNIFI-
CANCE.
(a) RESIDENTIAL TREATMENT PROGRAMS FOR PREG-
NANT AND POSTPARTUM WOMEN.—Section 508(r) of the
Public Health Service Act (42 U.S.C. 290bb–1(r)) is
amended to read as follows:
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‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary to fiscal
years 2001 through 2003.’’.
(b) PRIORITY SUBSTANCE ABUSE TREATMENT.—Sec-
tion 509 of the Public Health Service Act (42 U.S.C. 290bb–
1) is amended to read as follows:
‘‘SEC. 
509. 
PRIORITY 
SUBSTANCE 
ABUSE 
TREATMENT
NEEDS OF REGIONAL AND NATIONAL SIGNIFI-
CANCE.
‘‘(a) PROJECTS.—The Secretary shall address priority
substance abuse treatment needs of regional and national
significance (as determined under subsection (b)) through
the provision of or through assistance for—
‘‘(1) knowledge development and application
projects for treatment and rehabilitation and the con-
duct or support of evaluations of such projects;
‘‘(2) training and technical assistance; and
‘‘(3) targeted capacity response programs.
The Secretary may carry out the activities described in this
section directly or through grants or cooperative agreements
with States, political subdivisions of States, Indian tribes
and tribal organizations, other public or nonprofit private
entities.
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‘‘(b) PRIORITY
SUBSTANCE
ABUSE
TREATMENT
NEEDS.—
‘‘(1) IN
GENERAL.—Priority substance abuse
treatment needs of regional and national significance
shall be determined by the Secretary after consulta-
tion with States and other interested groups. The Sec-
retary shall meet with the States and interested
groups on an annual basis to discuss program prior-
ities.
‘‘(2) SPECIAL
CONSIDERATION.—In developing
program priorities under paragraph (1), the Sec-
retary shall give special consideration to promoting
the integration of substance abuse treatment services
into primary health care systems.
‘‘(c) REQUIREMENTS.—
‘‘(1) IN
GENERAL.—Recipients of grants, con-
tracts, or cooperative agreements under this section
shall comply with information and application re-
quirements determined appropriate by the Secretary.
‘‘(2) DURATION OF AWARD.—With respect to a
grant, contract, or cooperative agreement awarded
under this section, the period during which payments
under such award are made to the recipient may not
exceed 5 years.
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‘‘(3) MATCHING FUNDS.—The Secretary may, for
projects carried out under subsection (a), require that
entities that apply for grants, contracts, or coopera-
tive agreements under that project provide non-Fed-
eral matching funds, as determined appropriate by
the Secretary, to ensure the institutional commitment
of the entity to the projects funded under the grant,
contract, or cooperative agreement. Such non-Federal
matching funds may be provided directly or through
donations from public or private entities and may be
in cash or in kind, fairly evaluated, including plant,
equipment, or services.
‘‘(4) MAINTENANCE OF EFFORT.—With respect to
activities for which a grant, contract, or cooperative
agreement is awarded under this section, the Sec-
retary may require that recipients for specific projects
under subsection (a) agree to maintain expenditures
of non-Federal amounts for such activities at a level
that is not less than the level of such expenditures
maintained by the entity for the fiscal year preceding
the fiscal year for which the entity receives such a
grant, contract, or cooperative agreement.
‘‘(d) EVALUATION.—The Secretary shall evaluate each
project carried out under subsection (a)(1) and shall dis-
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seminate the findings with respect to each such evaluation
to appropriate public and private entities.
‘‘(e) INFORMATION AND EDUCATION.—The Secretary
shall establish comprehensive information and education
programs to disseminate and apply the findings of the
knowledge development and application, training and tech-
nical assistance programs, and targeted capacity response
programs under this section to the general public, to health
professionals and other interested groups. The Secretary
shall make every effort to provide linkages between the find-
ings of supported projects and State agencies responsible for
carrying out substance abuse prevention and treatment pro-
grams.
‘‘(f) AUTHORIZATION OF APPROPRIATION.—There are
authorized to be appropriated to carry out this section,
$300,000,000 for fiscal year 2001 and such sums as may
be necessary for each of the fiscal years 2002 and 2003.’’.
(c) CONFORMING AMENDMENTS.—The following sec-
tions of the Public Health Service Act are repealed:
(1) Section 510 (42 U.S.C. 290bb–3).
(2) Section 511 (42 U.S.C. 290bb–4).
(3) Section 512 (42 U.S.C. 290bb–5).
(4) Section 571 (42 U.S.C. 290gg).
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SEC. 3302. PRIORITY SUBSTANCE ABUSE PREVENTION
NEEDS OF REGIONAL AND NATIONAL SIGNIFI-
CANCE.
(a) IN GENERAL.—Section 516 of the Public Health
Service Act (42 U.S.C. 290bb–1) is amended to read as fol-
lows:
‘‘SEC. 516. PRIORITY SUBSTANCE ABUSE PREVENTION
NEEDS OF REGIONAL AND NATIONAL SIGNIFI-
CANCE.
‘‘(a) PROJECTS.—The Secretary shall address priority
substance abuse prevention needs of regional and national
significance (as determined under subsection (b)) through
the provision of or through assistance for—
‘‘(1) knowledge development and application
projects for prevention and the conduct or support of
evaluations of such projects;
‘‘(2) training and technical assistance; and
‘‘(3) targeted capacity response programs.
The Secretary may carry out the activities described in this
section directly or through grants or cooperative agreements
with States, political subdivisions of States, Indian tribes
and tribal organizations, or other public or nonprofit pri-
vate entities.
‘‘(b) PRIORITY
SUBSTANCE
ABUSE
PREVENTION
NEEDS.—
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‘‘(1) IN
GENERAL.—Priority substance abuse
prevention needs of regional and national significance
shall be determined by the Secretary in consultation
with the States and other interested groups. The Sec-
retary shall meet with the States and interested
groups on an annual basis to discuss program prior-
ities.
‘‘(2) SPECIAL
CONSIDERATION.—In developing
program priorities under paragraph (1), the Sec-
retary shall give special consideration to—
‘‘(A) applying the most promising strategies
and research-based primary prevention ap-
proaches; and
‘‘(B) promoting the integration of substance
abuse prevention information and activities into
primary health care systems.
‘‘(c) REQUIREMENTS.—
‘‘(1) IN
GENERAL.—Recipients of grants, con-
tracts, and cooperative agreements under this section
shall comply with information and application re-
quirements determined appropriate by the Secretary.
‘‘(2) DURATION OF AWARD.—With respect to a
grant, contract, or cooperative agreement awarded
under this section, the period during which payments
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under such award are made to the recipient may not
exceed 5 years.
‘‘(3) MATCHING FUNDS.—The Secretary may, for
projects carried out under subsection (a), require that
entities that apply for grants, contracts, or coopera-
tive agreements under that project provide non-Fed-
eral matching funds, as determined appropriate by
the Secretary, to ensure the institutional commitment
of the entity to the projects funded under the grant,
contract, or cooperative agreement. Such non-Federal
matching funds may be provided directly or through
donations from public or private entities and may be
in cash or in kind, fairly evaluated, including plant,
equipment, or services.
‘‘(4) MAINTENANCE OF EFFORT.—With respect to
activities for which a grant, contract, or cooperative
agreement is awarded under this section, the Sec-
retary may require that recipients for specific projects
under subsection (a) agree to maintain expenditures
of non-Federal amounts for such activities at a level
that is not less than the level of such expenditures
maintained by the entity for the fiscal year preceding
the fiscal year for which the entity receives such a
grant, contract, or cooperative agreement.
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‘‘(d) EVALUATION.—The Secretary shall evaluate each
project carried out under subsection (a)(1) and shall dis-
seminate the findings with respect to each such evaluation
to appropriate public and private entities.
‘‘(e) INFORMATION AND EDUCATION.—The Secretary
shall establish comprehensive information and education
programs to disseminate the findings of the knowledge de-
velopment and application, training and technical assist-
ance programs, and targeted capacity response programs
under this section to the general public and to health profes-
sionals. The Secretary shall make every effort to provide
linkages between the findings of supported projects and
State agencies responsible for carrying out substance abuse
prevention and treatment programs.
‘‘(f) AUTHORIZATION OF APPROPRIATION.—There are
authorized to be appropriated to carry out this section,
$300,000,000 for fiscal year 2001, and such sums as may
be necessary for each of the fiscal years 2002 and 2003.’’.
(b) CONFORMING AMENDMENTS.—Section 518 of the
Public Health Service Act (42 U.S.C. 290bb–24) is repealed.
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SEC. 3303. SUBSTANCE ABUSE PREVENTION AND TREAT-
MENT PERFORMANCE PARTNERSHIP BLOCK
GRANT.
(a) ALLOCATION REGARDING ALCOHOL AND OTHER
DRUGS.—Section 1922 of the Public Health Service Act (42
U.S.C. 300x–22) is amended by—
(1) striking subsection (a); and
(2) redesignating subsections (b) and (c) as sub-
sections (a) and (b).
(b) GROUP HOMES
FOR RECOVERING SUBSTANCE
ABUSERS.—Section 1925(a) of the Public Health Service
Act (42 U.S.C. 300x–25(a)) is amended by striking ‘‘For
fiscal year 1993’’ and all that follows through the colon and
inserting the following: ‘‘A State, using funds available
under section 1921, may establish and maintain the ongo-
ing operation of a revolving fund in accordance with this
section to support group homes for recovering substance
abusers as follows:’’.
(c) MAINTENANCE OF EFFORT.—Section 1930 of the
Public Health Service Act (42 U.S.C. 300x–30) is
amended—
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d) respectively; and
(2) by inserting after subsection (a), the fol-
lowing:
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‘‘(b) EXCLUSION OF CERTAIN FUNDS.—The Secretary
may exclude from the aggregate State expenditures under
subsection (a), funds appropriated to the principle agency
for authorized activities which are of a non-recurring na-
ture and for a specific purpose.’’.
(d) APPLICATIONS FOR GRANTS.—Section 1932(a)(1)
of the Public Health Service Act (42 U.S.C. 300x–32(a)(1))
is amended to read as follows:
‘‘(1) the application is received by the Secretary
not later than October 1 of the fiscal year for which
the State is seeking funds;’’.
(e) WAIVER FOR TERRITORIES.—Section 1932(c) of
the Public Health Service Act (42 U.S.C. 300x–32(c)) is
amended by striking ‘‘whose allotment under section 1921
for the fiscal year is the amount specified in section
1933(c)(2)(B)’’ and inserting ‘‘except Puerto Rico’’.
(f) WAIVER AUTHORITY
FOR CERTAIN REQUIRE-
MENTS.—
(1) IN GENERAL.—Section 1932 of the Public
Health Service Act (42 U.S.C. 300x–32) is amended
by adding at the end the following:
‘‘(e) WAIVER AUTHORITY
FOR CERTAIN REQUIRE-
MENTS.—
‘‘(1) IN GENERAL.—Upon the request of a State,
the Secretary may waive the requirements of all or
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part of the sections described in paragraph (2) using
objective criteria established by the Secretary by regu-
lation after consultation with the States and other in-
terested parties including consumers and providers.
‘‘(2) SECTIONS.—The sections described in para-
graph (1) are sections 1922(c), 1923, 1924 and 1928.
‘‘(3) DATE
CERTAIN
FOR
ACTING
UPON
RE-
QUEST.—The Secretary shall approve or deny a re-
quest for a waiver under paragraph (1) and inform
the State of that decision not later than 120 days
after the date on which the request and all the infor-
mation needed to support the request are submitted.
‘‘(4) ANNUAL
REPORTING
REQUIREMENT.—The
Secretary shall annually report to the general public
on the States that receive a waiver under this sub-
section.’’.
(2) CONFORMING AMENDMENTS.—Effective upon
the publication of the regulations developed in accord-
ance with section 1932(e)(1) of the Public Health
Service Act (42 U.S.C. 300x–32(d))—
(A) section 1922(c) of the Public Health
Service Act (42 U.S.C. 300x–22(c)) is amended
by—
(i) striking paragraph (2); and
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(ii) redesignating paragraph (3) as
paragraph (2); and
(B) section 1928(d) of the Public Health
Service Act (42 U.S.C. 300x–28(d)) is repealed.
(g) AUTHORIZATION
OF
APPROPRIATION.—Section
1935 of the Public Health Service Act (42 U.S.C. 300x–
35) is amended—
(1) 
in 
subsection 
(a), 
by 
striking
‘‘$1,500,000,000’’ and all that follows through the end
and inserting ‘‘$2,000,000,000 for fiscal year 2001,
and such sums as may be necessary for each of the
fiscal years 2002 and 2003.’’;
(2) in subsection (b)(1), by striking ‘‘section
505’’ and inserting ‘‘sections 505 and 1971’’;
(3) in subsection (b)(2), by striking ‘‘1949(a)’’
and inserting ‘‘1948(a)’’; and
(4) in subsection (b), by adding at the end the
following:
‘‘(3) CORE DATA SET.—A State that receives a
new grant, contract, or cooperative agreement from
amounts available to the Secretary under paragraph
(1), for the purposes of improving the data collection,
analysis and reporting capabilities of the State, shall
be required, as a condition of receipt of funds, to col-
lect, analyze, and report to the Secretary for each fis-
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cal year subsequent to receiving such funds a core
data set to be determined by the Secretary in conjunc-
tion with the States.’’.
SEC. 3304. DETERMINATION OF ALLOTMENTS.
Section 1933(b) of the Public Health Service Act (42
U.S.C. 300x–33(b)) is amended to read as follows:
‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—
‘‘(1) IN GENERAL.—With respect to fiscal year
2000, and each subsequent fiscal year, the amount of
the allotment of a State under section 1921 shall not
be less than the amount the State received under such
section for the previous fiscal year increased by an
amount equal to 30.65 percent of the percentage by
which the aggregate amount allotted to all States for
such fiscal year exceeds the aggregate amount allotted
to all States for the previous fiscal year.
‘‘(2) LIMITATIONS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), a State shall not receive an
allotment under section 1921 for a fiscal year in
an amount that is less than an amount equal to
0.375 percent of the amount appropriated under
section 1935(a) for such fiscal year.
‘‘(B) EXCEPTION.—In applying subpara-
graph (A), the Secretary shall ensure that no
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State receives an increase in its allotment under
section 1921 for a fiscal year (as compared to the
amount allotted to the State in the prior fiscal
year) that is in excess of an amount equal to 300
percent of the percentage by which the amount
appropriated under section 1935(a) for such fis-
cal year exceeds the amount appropriated for the
prior fiscal year.
‘‘(3) DECREASE
IN
OR
EQUAL
APPROPRIA-
TIONS.—If the amount appropriated under section
1935(a) for a fiscal year is equal to or less than the
amount appropriated under such section for the prior
fiscal year, the amount of the State allotment under
section 1921 shall be equal to the amount that the
State received under section 1921 in the prior fiscal
year decreased by the percentage by which the amount
appropriated for such fiscal year is less than the
amount appropriated or such section for the prior fis-
cal year.’’.
SEC. 
3305. 
NONDISCRIMINATION 
AND 
INSTITUTIONAL
SAFEGUARDS FOR RELIGIOUS PROVIDERS.
Subpart III of part B of title XIX of the Public Health
Service Act (42 U.S.C. 300x–51 et seq.) is amended by add-
ing at the end the following:
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‘‘SEC. 1955. SERVICES PROVIDED BY NONGOVERNMENTAL
ORGANIZATIONS.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to prohibit discrimination against non-
governmental organizations and certain individuals
on the basis of religion in the distribution of govern-
ment funds to provide substance abuse services under
this title and title V, and the receipt of services under
such titles; and
‘‘(2) to allow the organizations to accept the
funds to provide the services to the individuals with-
out impairing the religious character of the organiza-
tions or the religious freedom of the individuals.
‘‘(b) RELIGIOUS ORGANIZATIONS INCLUDED AS NON-
GOVERNMENTAL PROVIDERS.—
‘‘(1) IN GENERAL.—A State may administer and
provide substance abuse services under any program
under this title or title V through grants, contracts,
or cooperative agreements to provide assistance to
beneficiaries under such titles with nongovernmental
organizations.
‘‘(2) REQUIREMENT.—A State that elects to uti-
lize nongovernmental organizations as provided for
under paragraph (1) shall consider, on the same basis
as other nongovernmental organizations, religious or-
ganizations to provide services under substance abuse
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programs under this title or title V, so long as the
programs under such titles are implemented in a
manner consistent with the Establishment Clause of
the first amendment to the Constitution. Neither the
Federal Government nor a State or local government
receiving funds under such programs shall discrimi-
nate against an organization that provides services
under, or applies to provide services under, such pro-
grams, on the basis that the organization has a reli-
gious character.
‘‘(c) RELIGIOUS CHARACTER AND INDEPENDENCE.—
‘‘(1) IN GENERAL.—A religious organization that
provides services under any substance abuse program
under this title or title V shall retain its independence
from Federal, State, and local governments, including
such organization’s control over the definition, devel-
opment, practice, and expression of its religious be-
liefs.
‘‘(2) ADDITIONAL
SAFEGUARDS.—Neither the
Federal Government nor a State or local government
shall require a religious organization—
‘‘(A) to alter its form of internal govern-
ance; or
‘‘(B) to remove religious art, icons, scrip-
ture, or other symbols;
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in order to be eligible to provide services under any
substance abuse program under this title or title V.
‘‘(d) EMPLOYMENT PRACTICES.—
‘‘(1) SUBSTANCE ABUSE.—A religious organiza-
tion that provides services under any substance abuse
program under this title or title V may require that
its employees providing services under such program
adhere to rules forbidding the use of drugs or alcohol.
‘‘(2) TITLE VII EXEMPTION.—The exemption of a
religious organization provided under section 702 or
703(e)(2) of the Civil Rights Act of 1964 (42 U.S.C.
2000e–1, 2000e–2(e)(2)) regarding employment prac-
tices shall not be affected by the religious organiza-
tion’s provision of services under, or receipt of funds
from, any substance abuse program under this title or
title V.
‘‘(e) RIGHTS OF BENEFICIARIES OF ASSISTANCE.—
‘‘(1) IN GENERAL.—If an individual described in
paragraph (3) has an objection to the religious char-
acter of the organization from which the individual
receives, or would receive, services funded under any
substance abuse program under this title or title V,
the appropriate Federal, State, or local governmental
entity shall provide to such individual (if otherwise
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eligible for such services) within a reasonable period
of time after the date of such objection, services that—
‘‘(A) are from an alternative provider that
is accessible to the individual; and
‘‘(B) have a value that is not less than the
value of the services that the individual would
have received from such organization.
‘‘(2) NOTICE.—The appropriate Federal, State,
or local governmental entity shall ensure that notice
is provided to individuals described in paragraph (3)
of the rights of such individuals under this section.
‘‘(3) INDIVIDUAL
DESCRIBED.—An individual
described in this paragraph is an individual who re-
ceives or applies for services under any substance
abuse program under this title or title V.
‘‘(f) NONDISCRIMINATION AGAINST BENEFICIARIES.—
A religious organization providing services through a grant,
contract, or cooperative agreement under any substance
abuse program under this title or title V shall not discrimi-
nate, in carrying out such program, against an individual
described in subsection (e)(3) on the basis of religion, a reli-
gious belief, a refusal to hold a religious belief, or a refusal
to actively participate in a religious practice.
‘‘(g) FISCAL ACCOUNTABILITY.—
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any religious organization providing serv-
ices under any substance abuse program under this
title or title V shall be subject to the same regulations
as other nongovernmental organizations to account in
accord with generally accepted accounting principles
for the use of such funds provided under such pro-
gram.
‘‘(2) LIMITED AUDIT.—Such organization shall
segregate government funds provided under such sub-
stance abuse program into a separate account. Only
the government funds shall be subject to audit by the
government.
‘‘(h) COMPLIANCE.—Any party that seeks to enforce
such party’s rights under this section may assert a civil
action for injunctive relief exclusively in an appropriate
Federal or State court against the entity, agency or official
that allegedly commits such violation.
‘‘(i) LIMITATIONS ON USE OF FUNDS FOR CERTAIN
PURPOSES.—No funds provided through a grant or contract
to a religious organization to provide services under any
substance abuse program under this title or title V shall
be expended for sectarian worship, instruction, or pros-
elytization.
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‘‘(j) EFFECT ON STATE AND LOCAL FUNDS.—If a
State or local government contributes State or local funds
to carry out any substance abuse program under this title
or title V, the State or local government may segregate the
State or local funds from the Federal funds provided to
carry out the program or may commingle the State or local
funds with the Federal funds. If the State or local govern-
ment commingles the State or local funds, the provisions
of this section shall apply to the commingled funds in the
same manner, and to the same extent, as the provisions
apply to the Federal funds.
‘‘(k) TREATMENT OF INTERMEDIATE CONTRACTORS.—
If a nongovernmental organization (referred to in this sub-
section as an ‘intermediate organization’), acting under a
contract or other agreement with the Federal Government
or a State or local government, is given the authority under
the contract or agreement to select nongovernmental organi-
zations to provide services under any substance abuse pro-
gram under this title or title V, the intermediate organiza-
tion shall have the same duties under this section as the
government but shall retain all other rights of a nongovern-
mental organization under this section.’’.
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SEC. 3306. ALCOHOL AND DRUG PREVENTION OR TREAT-
MENT SERVICES FOR INDIANS AND NATIVE
ALASKANS.
Part A of title V of the Public Health Service Act (42
U.S.C. 290aa et seq.) is amended by adding at the end the
following:
‘‘SEC. 506A. ALCOHOL AND DRUG PREVENTION OR TREAT-
MENT SERVICES FOR INDIANS AND NATIVE
ALASKANS.
‘‘(a) IN GENERAL.—The Secretary shall award grants,
contracts, or cooperative agreements to public and private
nonprofit entities, including Native Alaskan entities and
Indian tribes and tribal organizations, for the purpose of
providing alcohol and drug prevention or treatment services
for Indians and Native Alaskans.
‘‘(b) PRIORITY.—In awarding grants, contracts, or co-
operative agreements under subsection (a), the Secretary
shall give priority to applicants that—
‘‘(1) propose to provide alcohol and drug preven-
tion or treatment services on reservations;
‘‘(2) propose to employ culturally-appropriate
approaches, as determined by the Secretary, in pro-
viding such services; and
‘‘(3) have provided prevention or treatment serv-
ices to Native Alaskan entities and Indian tribes and
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tribal organizations for at least 1 year prior to ap-
plying for a grant under this section.
‘‘(c) DURATION.—The Secretary shall award grants,
contracts, or cooperative agreements under subsection (a)
for a period not to exceed 5 years.
‘‘(d) APPLICATION.—An entity desiring a grant, con-
tract, or cooperative agreement under subsection (a) shall
submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require.
‘‘(e) EVALUATION.—An entity that receives a grant,
contract, or cooperative agreement under subsection (a)
shall submit, in the application for such grant, a plan for
the evaluation of any project undertaken with funds pro-
vided under this section. Such entity shall provide the Sec-
retary with periodic evaluations of the progress of such
project and such evaluation at the completion of such
project as the Secretary determines to be appropriate. The
final evaluation submitted by such entity shall include a
recommendation as to whether such project shall continue.
‘‘(f) REPORT.—Not later than 3 years after the date
of enactment of this section and annually thereafter, the
Secretary shall prepare and submit, to the Committee on
Health, Education, Labor, and Pensions of the Senate, a
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report describing the services provided pursuant to this sec-
tion.
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section,
$15,000,000 for fiscal year 2001, and such sums as may
be necessary for fiscal years 2002 and 2003.
SEC. 3307. ESTABLISHMENT OF COMMISSION.
(a) IN GENERAL.—There is established a commission
to be known as the Commission on Indian and Native Alas-
kan Health Care that shall examine the health concerns of
Indians and Native Alaskans who reside on reservations
and tribal lands (hereafter in this section referred to as the
‘Commission’).
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Commission established
under subsection (a) shall consist of—
(A) the Secretary;
(B) 15 members who are experts in the
health care field and issues that the Commission
is established to examine; and
(C) the Director of the Indian Health Serv-
ice and the Commissioner of Indian Affairs, who
shall be nonvoting members.
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(2) APPOINTING AUTHORITY.—Of the 15 mem-
bers of the Commission described in paragraph
(1)(B)—
(A) 2 shall be appointed by the Speaker of
the House of Representatives;
(B) 2 shall be appointed by the Minority
Leader of the House of Representatives;
(C) 2 shall be appointed by the Majority
Leader of the Senate;
(D) 2 shall be appointed by the Minority
Leader of the Senate; and
(E) 7 shall be appointed by the Secretary.
(3) LIMITATION.—Not fewer than 10 of the mem-
bers appointed to the Commission shall be Indians or
Native Alaskans.
(4) CHAIRPERSON.—The Secretary shall serve as
the Chairperson of the Commission.
(5) EXPERTS.—The Commission may seek the
expertise of any expert in the health care field to
carry out its duties.
(c) PERIOD OF APPOINTMENT.—Members shall be ap-
pointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filed
in the same manner as the original appointment.
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(d) DUTIES OF THE COMMISSION.—The Commission
shall—
(1) study the health concerns of Indians and Na-
tive Alaskans; and
(2) prepare the reports described in subsection
(i).
(e) POWERS OF THE COMMISSION.—
(1) HEARINGS.—The Commission may hold such
hearings, including hearings on reservations, sit and
act at such times and places, take such testimony,
and receive such information as the Commission con-
siders advisable to carry out the purpose for which the
Commission was established.
(2) INFORMATION FROM FEDERAL AGENCIES.—
The Commission may secure directly from any Fed-
eral department or agency such information as the
Commission considers necessary to carry out the pur-
pose for which the Commission was established. Upon
request of the Chairperson of the Commission, the
head of such department or agency shall furnish such
information to the Commission.
(f) COMPENSATION OF MEMBERS.—
(1) IN GENERAL.—Except as provided in sub-
paragraph (B), each member of the Commission may
be compensated at a rate not to exceed the daily
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equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day (in-
cluding travel time), during which that member is en-
gaged in the actual performance of the duties of the
Commission.
(2) LIMITATION.—Members of the Commission
who are officers or employees of the United States
shall receive no additional pay on account of their
service on the Commission.
(g) TRAVEL EXPENSES OF MEMBERS.—The members
of the Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates authorized for
employees of agencies under section 5703 of title 5, United
States Code, while away from their homes or regular places
of business in the performance of services for the Commis-
sion.
(h) COMMISSION PERSONNEL MATTERS.—
(1) IN GENERAL.—The Secretary, in accordance
with rules established by the Commission, may select
and appoint a staff director and other personnel nec-
essary to enable the Commission to carry out its du-
ties.
(2) COMPENSATION
OF
PERSONNEL.—The Sec-
retary, in accordance with rules established by the
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Commission, may set the amount of compensation to
be paid to the staff director and any other personnel
that serve the Commission.
(3) DETAIL OF GOVERNMENT EMPLOYEES.—Any
Federal Government employee may be detailed to the
Commission without reimbursement, and the detail
shall be without interruption or loss of civil service
status or privilege.
(4) CONSULTANT SERVICES.—The Chairperson of
the Commission is authorized to procure the tem-
porary and intermittent services of experts and con-
sultants in accordance with section 3109 of title 5,
United States Code, at rates not to exceed the daily
equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section
5315 of such title.
(i) REPORT.—
(1) IN GENERAL.—Not later than 3 years after
the date of enactment of the Youth Drug and Mental
Health Services Act, the Secretary shall prepare and
submit, to the Committee on Health, Education,
Labor, and Pensions of the Senate, a report that
shall—
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(A) detail the health problems faced by In-
dians and Native Alaskans who reside on res-
ervations;
(B) examine and explain the causes of such
problems;
(C) describe the health care services avail-
able to Indians and Native Alaskans who reside
on reservations and the adequacy of such serv-
ices;
(D) identify the reasons for the provision of
inadequate health care services for Indians and
Native Alaskans who reside on reservations, in-
cluding the availability of resources;
(E) develop measures for tracking the health
status of Indians and Native Americans who re-
side on reservations; and
(F) make recommendations for improve-
ments in the health care services provided for In-
dians and Native Alaskans who reside on res-
ervations, including recommendations for legisla-
tive change.
(2) EXCEPTION.—In addition to the report re-
quired under paragraph (1), not later than 2 years
after the date of enactment of the Youth Drug and
Mental Health Services Act, the Secretary shall pre-
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pare and submit, to the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, a report
that describes any alcohol and drug abuse among In-
dians and Native Alaskans who reside on reserva-
tions.
(j) PERMANENT COMMISSION.—Section 14 of the Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Commission.
(k) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$5,000,000 for fiscal year 2001, and such sums as may be
necessary for fiscal years 2002 and 2003.
TITLE XXXIV—PROVISIONS RE-
LATING TO FLEXIBILITY AND
ACCOUNTABILITY
SEC. 3401. GENERAL AUTHORITIES AND PEER REVIEW.
(a) GENERAL AUTHORITIES.—Paragraph (1) of sec-
tion 501(e) of the Public Health Service Act (42 U.S.C.
290aa(e)) is amended to read as follows:
‘‘(1) IN GENERAL.—There may be in the Admin-
istration an Associate Administrator for Alcohol Pre-
vention and Treatment Policy to whom the Adminis-
trator may delegate the functions of promoting, moni-
toring, and evaluating service programs for the pre-
vention and treatment of alcoholism and alcohol
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abuse within the Center for Substance Abuse Preven-
tion, the Center for Substance Abuse Treatment and
the Center for Mental Health Services, and coordi-
nating such programs among the Centers, and among
the Centers and other public and private entities. The
Associate Administrator also may ensure that alcohol
prevention, education, and policy strategies are inte-
grated into all programs of the Centers that address
substance abuse prevention, education, and policy,
and that the Center for Substance Abuse Prevention
addresses the Healthy People 2010 goals and the Na-
tional Dietary Guidelines of the Department of
Health and Human Services and the Department of
Agriculture related to alcohol consumption.’’.
(b) PEER REVIEW.—Section 504 of the Public Health
Service (42 U.S.C. 290aa–3) is amended as follows:
‘‘SEC. 504. PEER REVIEW.
‘‘(a) IN GENERAL.—The Secretary, after consultation
with the Administrator, shall require appropriate peer re-
view of grants, cooperative agreements, and contracts to be
administered through the agency which exceed the simple
acquisition threshold as defined in section 4(11) of the Of-
fice of Federal Procurement Policy Act.
‘‘(b) MEMBERS.—The members of any peer review
group established under subsection (a) shall be individuals
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who by virtue of their training or experience are eminently
qualified to perform the review functions of the group. Not
more than 1⁄4 of the members of any such peer review group
shall be officers or employees of the United States.
‘‘(c) ADVISORY COUNCIL REVIEW.—If the direct cost
of a grant or cooperative agreement (described in subsection
(a)) exceeds the simple acquisition threshold as defined by
section 4(11) of the Office of Federal Procurement Policy
Act, the Secretary may make such a grant or cooperative
agreement only if such grant or cooperative agreement is
recommended—
‘‘(1) after peer review required under subsection
(a); and
‘‘(2) by the appropriate advisory council.
‘‘(d) CONDITIONS.—The Secretary may establish lim-
ited exceptions to the limitations contained in this section
regarding participation of Federal employees and advisory
council approval. The circumstances under which the Sec-
retary may make such an exception shall be made public.’’.
SEC. 3402. ADVISORY COUNCILS.
Section 502(e) of the Public Health Service Act (42
U.S.C. 290aa–1(e)) is amended in the first sentence by
striking ‘‘3 times’’ and inserting ‘‘2 times’’.
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SEC. 3403. GENERAL PROVISIONS FOR THE PERFORMANCE
PARTNERSHIP BLOCK GRANTS.
(a) PLANS FOR PERFORMANCE PARTNERSHIPS.—Sec-
tion 1949 of the Public Health Service Act (42 U.S.C. 300x–
59) is amended as follows:
‘‘SEC. 1949. PLANS FOR PERFORMANCE PARTNERSHIPS.
‘‘(a) DEVELOPMENT.—The Secretary in conjunction
with States and other interested groups shall develop sepa-
rate plans for the programs authorized under subparts I
and II for creating more flexibility for States and account-
ability based on outcome and other performance measures.
The plans shall each include—
‘‘(1) a description of the flexibility that would be
given to the States under the plan;
‘‘(2) the common set of performance measures
that would be used for accountability, including
measures that would be used for the program under
subpart II for pregnant addicts, HIV transmission,
tuberculosis, and those with a co-occurring substance
abuse and mental disorders, and for programs under
subpart I for children with serious emotional disturb-
ance and adults with serious mental illness and for
individuals with co-occurring mental health and sub-
stance abuse disorders;
‘‘(3) the definitions for the data elements to be
used under the plan;
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‘‘(4) the obstacles to implementation of the plan
and the manner in which such obstacles would be re-
solved;
‘‘(5) the resources needed to implement the per-
formance partnerships under the plan; and
‘‘(6) an implementation strategy complete with
recommendations for any necessary legislation.
‘‘(b) SUBMISSION.—Not later than 2 years after the
date of enactment of this Act, the plans developed under
subsection (a) shall be submitted to the Committee on
Health, Education, Labor, and Pensions of the Senate and
the Committee on Commerce of the House of Representa-
tives.
‘‘(c) INFORMATION.—As the elements of the plans de-
scribed in subsection (a) are developed, States are encour-
aged to provide information to the Secretary on a voluntary
basis.
‘‘(d) PARTICIPANTS.—The Secretary shall include
among those interested groups that participate in the devel-
opment of the plan consumers of mental health or substance
abuse services, providers, representatives of political divi-
sions of States, and representatives of racial and ethnic
groups including Native Americans.’’.
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(b) AVAILABILITY TO STATES OF GRANT PROGRAMS.—
Section 1952 of the Public Health Service Act (42 U.S.C.
300x–62) is amended as follows:
‘‘SEC. 1952. AVAILABILITY TO STATES OF GRANT PAYMENTS.
‘‘Any amounts paid to a State for a fiscal year under
section 1911 or 1921 shall be available for obligation and
expenditure until the end of the fiscal year following the
fiscal year for which the amounts were paid.’’.
SEC. 3404. DATA INFRASTRUCTURE PROJECTS.
Part C of title XIX of the Public Health Service Act
(42 U.S.C. 300y et seq.) is amended—
(1) by striking the headings for part C and sub-
part I and inserting the following:
‘‘PART C—CERTAIN PROGRAMS REGARDING
MENTAL HEALTH AND SUBSTANCE ABUSE
‘‘Subpart I—Data Infrastructure Development’’;
(2) by striking section 1971 (42 U.S.C. 300y)
and inserting the following:
‘‘SEC. 1971. DATA INFRASTRUCTURE DEVELOPMENT.
‘‘(a) IN GENERAL.—The Secretary may make grants
to, and enter into contracts or cooperative agreements with
States for the purpose of developing and operating mental
health or substance abuse data collection, analysis, and re-
porting systems with regard to performance measures in-
cluding capacity, process, and outcomes measures.
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‘‘(b) PROJECTS.—The Secretary shall establish criteria
to ensure that services will be available under this section
to States that have a fundamental basis for the collection,
analysis, and reporting of mental health and substance
abuse performance measures and States that do not have
such basis. The Secretary will establish criteria for deter-
mining whether a State has a fundamental basis for the
collection, analysis, and reporting of data.
‘‘(c) CONDITION OF RECEIPT OF FUNDS.—As a condi-
tion of the receipt of an award under this section a State
shall agree to collect, analyze, and report to the Secretary
within 2 years of the date of the award on a core set of
performance measures to be determined by the Secretary in
conjunction with the States.
‘‘(d) MATCHING REQUIREMENT.—
‘‘(1) IN GENERAL.—With respect to the costs of
the program to be carried out under subsection (a) by
a State, the Secretary may make an award under
such subsection only if the applicant agrees to make
available (directly or through donations from public
or private entities) non-Federal contributions toward
such costs in an amount that is not less than 50 per-
cent of such costs.
‘‘(2) DETERMINATION
OF
AMOUNT
CONTRIB-
UTED.—Non-Federal contributions under paragraph
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(1) may be in cash or in kind, fairly evaluated, in-
cluding plant, equipment, or services. Amounts pro-
vided by the Federal Government, or services assisted
or subsidized to any significant extent by the Federal
Government, may not be included in determining the
amount of such contributions.
‘‘(e) DURATION
OF SUPPORT.—The period during
which payments may be made for a project under subsection
(a) may be not less than 3 years nor more than 5 years.
‘‘(f) AUTHORIZATION OF APPROPRIATION.—
‘‘(1) IN GENERAL.—For the purpose of carrying
out this section, there are authorized to be appro-
priated such sums as may be necessary for each of the
fiscal years 2001, 2002 and 2003.
‘‘(2) ALLOCATION.—Of the amounts appro-
priated under paragraph (1) for a fiscal year, 50 per-
cent shall be expended to support data infrastructure
development for mental health and 50 percent shall be
expended to support data infrastructure development
for substance abuse.’’.
SEC. 3405. REPEAL OF OBSOLETE ADDICT REFERRAL PRO-
VISIONS.
(a) REPEAL OF OBSOLETE PUBLIC HEALTH SERVICE
ACT AUTHORITIES.—Part E of title III (42 U.S.C. 257 et
seq.) is repealed.
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(b) REPEAL OF OBSOLETE NARA AUTHORITIES.—Ti-
tles III and IV of the Narcotic Addict Rehabilitation Act
of 1966 (Public Law 89–793) are repealed.
(c) REPEAL OF OBSOLETE TITLE 28 AUTHORITIES.—
(1) IN
GENERAL.—Chapter 175 of title 28,
United States Code, is repealed.
(2) TABLE OF CONTENTS.—The table of contents
to part VI of title 28, United States Code, is amended
by striking the items relating to chapter 175.
SEC. 3406. INDIVIDUALS WITH CO-OCCURRING DISORDERS.
The Public Health Service Act is amended by inserting
after section 503 (42 U.S.C. 290aa–2) the following:
‘‘SEC. 503A. REPORT ON INDIVIDUALS WITH CO-OCCURRING
MENTAL ILLNESS AND SUBSTANCE ABUSE
DISORDERS.
‘‘(a) IN GENERAL.—Not later than 2 years after the
date of enactment of this section, the Secretary shall, after
consultation with organizations representing States, mental
health and substance abuse treatment providers, prevention
specialists, individuals receiving treatment services, and
family members of such individuals, prepare and submit
to the Committee on Health, Education, Labor, and Pen-
sions of the Senate and the Committee on Commerce of the
House of Representatives, a report on prevention and treat-
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ment services for individuals who have co-occurring mental
illness and substance abuse disorders.
‘‘(b) REPORT CONTENT.—The report under subsection
(a) shall be based on data collected from existing Federal
and State surveys regarding the treatment of co-occurring
mental illness and substance abuse disorders and shall
include—
‘‘(1) a summary of the manner in which indi-
viduals with co-occurring disorders are receiving
treatment, including the most up-to-date information
available regarding the number of children and adults
with co-occurring mental illness and substance abuse
disorders and the manner in which funds provided
under sections 1911 and 1921 are being utilized, in-
cluding the number of such children and adults served
with such funds;
‘‘(2) a summary of improvements necessary to
ensure that individuals with co-occurring mental ill-
ness and substance abuse disorders receive the services
they need;
‘‘(3) a summary of practices for preventing sub-
stance abuse among individuals who have a mental
illness and are at risk of having or acquiring a sub-
stance abuse disorder; and
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‘‘(4) a summary of evidenced-based practices for
treating individuals with co-occurring mental illness
and substance abuse disorders and recommendations
for implementing such practices.
‘‘(c) FUNDS FOR REPORT.—The Secretary may obli-
gate funds to carry out this section with such appropria-
tions as are available.’’.
SEC. 3407. SERVICES FOR INDIVIDUALS WITH CO-OCCUR-
RING DISORDERS.
Subpart III of part B of title XIX of the Public Health
Service Act (42 U.S.C. 300x–51 et seq.) (as amended by
section 3305) is further amended by adding at the end the
following:
‘‘SEC. 1956. SERVICES FOR INDIVIDUALS WITH CO-OCCUR-
RING DISORDERS.
‘‘States may use funds available for treatment under
sections 1911 and 1921 to treat persons with co-occurring
substance abuse and mental disorders as long as funds
available under such sections are used for the purposes for
which they were authorized by law and can be tracked for
accounting purposes.’’.
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TITLE XXXV—WAIVER AUTHOR-
ITY 
FOR 
PHYSICIANS 
WHO
DISPENSE 
OR 
PRESCRIBE
CERTAIN 
NARCOTIC 
DRUGS
FOR 
MAINTENANCE 
TREAT-
MENT 
OR 
DETOXIFICATION
TREATMENT
SEC. 3501. SHORT TITLE.
This title may be cited as the ‘‘Drug Addiction Treat-
ment Act of 2000’’.
SEC. 3502. AMENDMENT TO CONTROLLED SUBSTANCES
ACT.
(a) IN GENERAL.—Section 303(g) of the Controlled
Substances Act (21 U.S.C. 823(g)) is amended—
(1) in paragraph (2), by striking ‘‘(A) security’’
and inserting ‘‘(i) security’’, and by striking ‘‘(B) the
maintenance’’ and inserting ‘‘(ii) the maintenance’’;
(2) by redesignating paragraphs (1) through (3)
as subparagraphs (A) through (C), respectively;
(3) by inserting ‘‘(1)’’ after ‘‘(g)’’;
(4) by striking ‘‘Practitioners who dispense’’ and
inserting ‘‘Except as provided in paragraph (2),
practitioners who dispense’’; and
(5) by adding at the end the following para-
graph:
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‘‘(2)(A) Subject to subparagraphs (D) and (J), the re-
quirements of paragraph (1) are waived in the case of the
dispensing (including the prescribing), by a practitioner,
of narcotic drugs in schedule III, IV, or V or combinations
of such drugs if the practitioner meets the conditions speci-
fied in subparagraph (B) and the narcotic drugs or com-
binations of such drugs meet the conditions specified in sub-
paragraph (C).
‘‘(B) For purposes of subparagraph (A), the conditions
specified in this subparagraph with respect to a practi-
tioner are that, before the initial dispensing of narcotic
drugs in schedule III, IV, or V or combinations of such
drugs to patients for maintenance or detoxification treat-
ment, the practitioner submit to the Secretary a notifica-
tion of the intent of the practitioner to begin dispensing
the drugs or combinations for such purpose, and that the
notification contain the following certifications by the prac-
titioner:
‘‘(i) The practitioner is a qualifying physician
(as defined in subparagraph (G)).
‘‘(ii) With respect to patients to whom the prac-
titioner will provide such drugs or combinations of
drugs, the practitioner has the capacity to refer the
patients for appropriate counseling and other appro-
priate ancillary services.
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‘‘(iii) In any case in which the practitioner is
not in a group practice, the total number of such pa-
tients of the practitioner at any one time will not ex-
ceed the applicable number. For purposes of this
clause, the applicable number is 30, except that the
Secretary may by regulation change such total num-
ber.
‘‘(iv) In any case in which the practitioner is in
a group practice, the total number of such patients of
the group practice at any one time will not exceed the
applicable number. For purposes of this clause, the
applicable number is 30, except that the Secretary
may by regulation change such total number, and the
Secretary for such purposes may by regulation estab-
lish different categories on the basis of the number of
practitioners in a group practice and establish for the
various categories different numerical limitations on
the number of such patients that the group practice
may have.
‘‘(C) For purposes of subparagraph (A), the conditions
specified in this subparagraph with respect to narcotic
drugs in schedule III, IV, or V or combinations of such
drugs are as follows:
‘‘(i) The drugs or combinations of drugs have,
under the Federal Food, Drug, and Cosmetic Act or
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section 351 of the Public Health Service Act, been ap-
proved for use in maintenance or detoxification treat-
ment.
‘‘(ii) The drugs or combinations of drugs have
not been the subject of an adverse determination. For
purposes of this clause, an adverse determination is
a determination published in the Federal Register
and made by the Secretary, after consultation with
the Attorney General, that the use of the drugs or
combinations of drugs for maintenance or detoxifica-
tion treatment requires additional standards respect-
ing the qualifications of practitioners to provide such
treatment, or requires standards respecting the quan-
tities of the drugs that may be provided for unsuper-
vised use.
‘‘(D)(i) A waiver under subparagraph (A) with respect
to a practitioner is not in effect unless (in addition to con-
ditions under subparagraphs (B) and (C)) the following
conditions are met:
‘‘(I) The notification under subparagraph (B) is
in writing and states the name of the practitioner.
‘‘(II) The notification identifies the registration
issued for the practitioner pursuant to subsection (f).
‘‘(III) If the practitioner is a member of a group
practice, the notification states the names of the other
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practitioners in the practice and identifies the reg-
istrations issued for the other practitioners pursuant
to subsection (f).
‘‘(ii) Upon receiving a notification under subpara-
graph (B), the Attorney General shall assign the practi-
tioner involved an identification number under this para-
graph for inclusion with the registration issued for the
practitioner pursuant to subsection (f). The identification
number so assigned shall be appropriate to preserve the con-
fidentiality of patients for whom the practitioner has dis-
pensed narcotic drugs under a waiver under subparagraph
(A).
‘‘(iii) Not later than 45 days after the date on which
the Secretary receives a notification under subparagraph
(B), the Secretary shall make a determination of whether
the practitioner involved meets all requirements for a waiv-
er under subparagraph (B). If the Secretary fails to make
such determination by the end of the such 45-day period,
the Attorney General shall assign the physician an identi-
fication number described in clause (ii) at the end of such
period.
‘‘(E)(i) If a practitioner is not registered under para-
graph (1) and, in violation of the conditions specified in
subparagraphs (B) through (D), dispenses narcotic drugs
in schedule III, IV, or V or combinations of such drugs for
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maintenance treatment or detoxification treatment, the At-
torney General may, for purposes of section 304(a)(4), con-
sider the practitioner to have committed an act that renders
the registration of the practitioner pursuant to subsection
(f) to be inconsistent with the public interest.
‘‘(ii)(I) Upon the expiration of 45 days from the date
on which the Secretary receives a notification under sub-
paragraph (B), a practitioner who in good faith submits
a notification under subparagraph (B) and reasonably be-
lieves that the conditions specified in subparagraphs (B)
through (D) have been met shall, in dispensing narcotic
drugs in schedule III, IV, or V or combinations of such
drugs for maintenance treatment or detoxification treat-
ment, be considered to have a waiver under subparagraph
(A) until notified otherwise by the Secretary, except that
such a practitioner may commence to prescribe or dispense
such narcotic drugs for such purposes prior to the expira-
tion of such 45-day period if it facilitates the treatment
of an individual patient and both the Secretary and the
Attorney General are notified by the practitioner of the in-
tent to commence prescribing or dispensing such narcotic
drugs.
‘‘(II) For purposes of subclause (I), the publication in
the Federal Register of an adverse determination by the Sec-
retary pursuant to subparagraph (C)(ii) shall (with respect
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to the narcotic drug or combination involved) be considered
to be a notification provided by the Secretary to practi-
tioners, effective upon the expiration of the 30-day period
beginning on the date on which the adverse determination
is so published.
‘‘(F)(i) With respect to the dispensing of narcotic drugs
in schedule III, IV, or V or combinations of such drugs to
patients for maintenance or detoxification treatment, a
practitioner may, in his or her discretion, dispense such
drugs or combinations for such treatment under a registra-
tion under paragraph (1) or a waiver under subparagraph
(A) (subject to meeting the applicable conditions).
‘‘(ii) This paragraph may not be construed as having
any legal effect on the conditions for obtaining a registra-
tion under paragraph (1), including with respect to the
number of patients who may be served under such a reg-
istration.
‘‘(G) For purposes of this paragraph:
‘‘(i) The term ‘group practice’ has the meaning
given such term in section 1877(h)(4) of the Social
Security Act.
‘‘(ii) The term ‘qualifying physician’ means a
physician who is licensed under State law and who
meets one or more of the following conditions:
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‘‘(I) The physician holds a subspecialty
board certification in addiction psychiatry from
the American Board of Medical Specialties.
‘‘(II) The physician holds an addiction cer-
tification from the American Society of Addic-
tion Medicine.
‘‘(III) The physician holds a subspecialty
board certification in addiction medicine from
the American Osteopathic Association.
‘‘(IV) The physician has, with respect to the
treatment and management of opiate-dependent
patients, completed not less than eight hours of
training (through classroom situations, seminars
at professional society meetings, electronic com-
munications, or otherwise) that is provided by
the American Society of Addiction Medicine, the
American Academy of Addiction Psychiatry, the
American Medical Association, the American Os-
teopathic Association, the American Psychiatric
Association, or any other organization that the
Secretary determines is appropriate for purposes
of this subclause.
‘‘(V) The physician has participated as an
investigator in one or more clinical trials lead-
ing to the approval of a narcotic drug in sched-
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ule III, IV, or V for maintenance or detoxifica-
tion treatment, as demonstrated by a statement
submitted to the Secretary by the sponsor of such
approved drug.
‘‘(VI) The physician has such other training
or experience as the State medical licensing
board (of the State in which the physician will
provide maintenance or detoxification treatment)
considers to demonstrate the ability of the physi-
cian to treat and manage opiate-dependent pa-
tients.
‘‘(VII) The physician has such other train-
ing or experience as the Secretary considers to
demonstrate the ability of the physician to treat
and manage opiate-dependent patients. Any cri-
teria of the Secretary under this subclause shall
be established by regulation. Any such criteria
are effective only for 3 years after the date on
which the criteria are promulgated, but may be
extended for such additional discrete 3-year peri-
ods as the Secretary considers appropriate for
purposes of this subclause. Such an extension of
criteria may only be effectuated through a state-
ment published in the Federal Register by the
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Secretary during the 30-day period preceding the
end of the 3-year period involved.
‘‘(H)(i) In consultation with the Administrator of the
Drug Enforcement Administration, the Administrator of
the Substance Abuse and Mental Health Services Adminis-
tration, the Director of the National Institute on Drug
Abuse, and the Commissioner of Food and Drugs, the Sec-
retary shall issue regulations (through notice and comment
rulemaking) or issue practice guidelines to address the fol-
lowing:
‘‘(I) Approval of additional credentialing bodies
and the responsibilities of additional credentialing
bodies.
‘‘(II) Additional exemptions from the require-
ments of this paragraph and any regulations under
this paragraph.
Nothing in such regulations or practice guidelines may au-
thorize any Federal official or employee to exercise super-
vision or control over the practice of medicine or the man-
ner in which medical services are provided.
‘‘(ii) Not later than 120 days after the date of the en-
actment of the Drug Addiction Treatment Act of 2000, the
Secretary shall issue a treatment improvement protocol con-
taining best practice guidelines for the treatment and main-
tenance of opiate-dependent patients. The Secretary shall
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develop the protocol in consultation with the Director of the
National Institute on Drug Abuse, the Administrator of the
Drug Enforcement Administration, the Commissioner of
Food and Drugs, the Administrator of the Substance Abuse
and Mental Health Services Administration and other sub-
stance abuse disorder professionals. The protocol shall be
guided by science.
‘‘(I) During the 3-year period beginning on the date
of the enactment of the Drug Addiction Treatment Act of
2000, a State may not preclude a practitioner from dis-
pensing or prescribing drugs in schedule III, IV, or V, or
combinations of such drugs, to patients for maintenance or
detoxification treatment in accordance with this paragraph
unless, before the expiration of that 3-year period, the State
enacts a law prohibiting a practitioner from dispensing
such drugs or combinations of drug.
‘‘(J)(i) This paragraph takes effect on the date of the
enactment of the Drug Addiction Treatment Act of 2000,
and remains in effect thereafter except as provided in clause
(iii) (relating to a decision by the Secretary or the Attorney
General that this paragraph should not remain in effect).
‘‘(ii) For purposes relating to clause (iii), the Sec-
retary and the Attorney General may, during the 3-year
period beginning on the date of the enactment of the Drug
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Addiction Treatment Act of 2000, make determinations in
accordance with the following:
‘‘(I) The Secretary may make a determination of
whether treatments provided under waivers under
subparagraph (A) have been effective forms of mainte-
nance treatment and detoxification treatment in clin-
ical settings; may make a determination of whether
such waivers have significantly increased (relative to
the beginning of such period) the availability of
maintenance treatment and detoxification treatment;
and may make a determination of whether such waiv-
ers have adverse consequences for the public health.
‘‘(II) The Attorney General may make a deter-
mination of the extent to which there have been viola-
tions of the numerical limitations established under
subparagraph (B) for the number of individuals to
whom a practitioner may provide treatment; may
make a determination of whether waivers under sub-
paragraph (A) have increased (relative to the begin-
ning of such period) the extent to which narcotic
drugs in schedule III, IV, or V or combinations of
such drugs are being dispensed or possessed in viola-
tion of this Act; and may make a determination of
whether such waivers have adverse consequences for
the public health.
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‘‘(iii) If, before the expiration of the period specified
in clause (ii), the Secretary or the Attorney General pub-
lishes in the Federal Register a decision, made on the basis
of determinations under such clause, that this paragraph
should not remain in effect, this paragraph ceases to be in
effect 60 days after the date on which the decision is so
published. The Secretary shall in making any such decision
consult with the Attorney General, and shall in publishing
the decision in the Federal Register include any comments
received from the Attorney General for inclusion in the pub-
lication. The Attorney General shall in making any such
decision consult with the Secretary, and shall in publishing
the decision in the Federal Register include any comments
received from the Secretary for inclusion in the publica-
tion.’’.
(b) CONFORMING AMENDMENTS.—Section 304 of the
Controlled Substances Act (21 U.S.C. 824) is amended—
(1) in subsection (a), in the matter after and
below paragraph (5), by striking ‘‘section 303(g)’’
each place such term appears and inserting ‘‘section
303(g)(1)’’; and
(2) in subsection (d), by striking ‘‘section
303(g)’’ and inserting ‘‘section 303(g)(1)’’.
(c) ADDITIONAL
AUTHORIZATION
OF
APPROPRIA-
TIONS.—For the purpose of assisting the Secretary of
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Health and Human Services with the additional duties es-
tablished for the Secretary pursuant to the amendments
made by this section, there are authorized to be appro-
priated, in addition to other authorizations of appropria-
tions that are available for such purpose, such sums as may
be necessary for each of fiscal years 2001 through 2003.
TITLE 
XXXVI—METHAMPHET-
AMINE 
AND 
OTHER 
CON-
TROLLED SUBSTANCES
SEC. 3601. SHORT TITLE.
This title may be cited as the ‘‘Methamphetamine
Anti-Proliferation Act of 2000’’.
Subtitle A—Methamphetamine
Production, Trafficking, and Abuse
PART I—CRIMINAL PENALTIES
SEC. 3611. ENHANCED PUNISHMENT OF AMPHETAMINE
LABORATORY OPERATORS.
(a) AMENDMENT TO FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing
Commission shall amend the Federal sentencing guidelines
in accordance with this section with respect to any offense
relating to the manufacture, importation, exportation, or
trafficking in amphetamine (including an attempt or con-
spiracy to do any of the foregoing) in violation of—
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(1) the Controlled Substances Act (21 U.S.C. 801
et seq.);
(2) the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.); or
(3) the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.).
(b) GENERAL REQUIREMENT.—In carrying out this
section, the United States Sentencing Commission shall,
with respect to each offense described in subsection (a) relat-
ing to amphetamine—
(1) review and amend its guidelines to provide
for increased penalties such that those penalties are
comparable to the base offense level for methamphet-
amine; and
(2) take any other action the Commission con-
siders necessary to carry out this subsection.
(c) ADDITIONAL REQUIREMENTS.—In carrying out
this section, the United States Sentencing Commission shall
ensure that the sentencing guidelines for offenders convicted
of offenses described in subsection (a) reflect the heinous na-
ture of such offenses, the need for aggressive law enforcement
action to fight such offenses, and the extreme dangers associ-
ated with unlawful activity involving amphetamines,
including—
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(1) the rapidly growing incidence of amphet-
amine abuse and the threat to public safety that such
abuse poses;
(2) the high risk of amphetamine addiction;
(3) the increased risk of violence associated with
amphetamine trafficking and abuse; and
(4) the recent increase in the illegal importation
of amphetamine and precursor chemicals.
(d) EMERGENCY AUTHORITY TO SENTENCING COMMIS-
SION.—The United States Sentencing Commission shall
promulgate amendments pursuant to this section as soon
as practicable after the date of enactment of this Act in
accordance with the procedure set forth in section 21(a) of
the Sentencing Act of 1987 (Public Law 100–182), as
though the authority under that Act had not expired.
SEC. 3612. ENHANCED PUNISHMENT OF AMPHETAMINE OR
METHAMPHETAMINE 
LABORATORY 
OPERA-
TORS.
(a) FEDERAL SENTENCING GUIDELINES.—
(1) IN
GENERAL.—Pursuant to its authority
under section 994(p) of title 28, United States Code,
the United States Sentencing Commission shall
amend the Federal sentencing guidelines in accord-
ance with paragraph (2) with respect to any offense
relating to the manufacture, attempt to manufacture,
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or conspiracy to manufacture amphetamine or meth-
amphetamine in violation of—
(A) the Controlled Substances Act (21
U.S.C. 801 et seq.);
(B) the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.); or
(C) the Maritime Drug Law Enforcement
Act (46 U.S.C. App. 1901 et seq.).
(2) REQUIREMENTS.—In carrying out this para-
graph, the United States Sentencing Commission
shall—
(A) if the offense created a substantial risk
of harm to human life (other than a life de-
scribed in subparagraph (B)) or the environ-
ment, increase the base offense level for the
offense—
(i) by not less than 3 offense levels
above the applicable level in effect on the
date of enactment of this Act; or
(ii) if the resulting base offense level
after an increase under clause (i) would be
less than level 27, to not less than level 27;
or
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(B) if the offense created a substantial risk
of harm to the life of a minor or incompetent,
increase the base offense level for the offense—
(i) by not less than 6 offense levels
above the applicable level in effect on the
date of enactment of this Act; or
(ii) if the resulting base offense level
after an increase under clause (i) would be
less than level 30, to not less than level 30.
(3) EMERGENCY
AUTHORITY
TO
SENTENCING
COMMISSION.—The United States Sentencing Com-
mission shall promulgate amendments pursuant to
this subsection as soon as practicable after the date of
enactment of this Act in accordance with the proce-
dure set forth in section 21(a) of the Sentencing Act
of 1987 (Public Law 100–182), as though the author-
ity under that Act had not expired.
(b) EFFECTIVE DATE.—The amendments made pursu-
ant to this section shall apply with respect to any offense
occurring on or after the date that is 60 days after the date
of enactment of this Act.
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SEC. 3613. MANDATORY RESTITUTION FOR VIOLATIONS OF
CONTROLLED SUBSTANCES ACT AND CON-
TROLLED SUBSTANCES IMPORT AND EXPORT
ACT RELATING TO AMPHETAMINE AND METH-
AMPHETAMINE.
(a) MANDATORY RESTITUTION.—Section 413(q) of the
Controlled Substances Act (21 U.S.C. 853(q)) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘may’’ and inserting ‘‘shall’’;
(2) by inserting ‘‘amphetamine or’’ before ‘‘meth-
amphetamine’’ each place it appears;
(3) in paragraph (2)—
(A) by inserting ‘‘, the State or local gov-
ernment concerned, or both the United States
and the State or local government concerned’’
after ‘‘United States’’ the first place it appears;
and
(B) by inserting ‘‘or the State or local gov-
ernment concerned, as the case may be,’’ after
‘‘United States’’ the second place it appears; and
(4) in paragraph (3), by striking ‘‘section 3663
of title 18, United States Code’’ and inserting ‘‘sec-
tion 3663A of title 18, United States Code’’.
(b) DEPOSIT OF AMOUNTS IN DEPARTMENT OF JUS-
TICE ASSETS FORFEITURE FUND.—Section 524(c)(4) of
title 28, United States Code, is amended—
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(1) by striking ‘‘and’’ at the end of subpara-
graph (B);
(2) by striking the period at the end of subpara-
graph (C) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) all amounts collected—
‘‘(i) by the United States pursuant to a re-
imbursement order under paragraph (2) of sec-
tion 413(q) of the Controlled Substances Act (21
U.S.C. 853(q)); and
‘‘(ii) pursuant to a restitution order under
paragraph (1) or (3) of section 413(q) of the
Controlled Substances Act for injuries to the
United States.’’.
(c) CLARIFICATION OF CERTAIN ORDERS OF RESTITU-
TION.—Section 3663(c)(2)(B) of title 18, United States
Code, is amended by inserting ‘‘which may be’’ after ‘‘the
fine’’.
(d) EXPANSION
OF APPLICABILITY
OF MANDATORY
RESTITUTION.—Section 3663A(c)(1)(A)(ii) of title 18,
United States Code, is amended by inserting ‘‘or under sec-
tion 416(a) of the Controlled Substances Act (21 U.S.C.
856(a)),’’ after ‘‘under this title,’’.
(e) TREATMENT OF ILLICIT SUBSTANCE MANUFAC-
TURING OPERATIONS AS CRIMES AGAINST PROPERTY.—
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Section 416 of the Controlled Substances Act (21 U.S.C.
856) is amended by adding at the end the following new
subsection:
‘‘(c) A violation of subsection (a) shall be considered
an offense against property for purposes of section
3663A(c)(1)(A)(ii) of title 18, United States Code.’’.
SEC. 3614. METHAMPHETAMINE PARAPHERNALIA.
Section 422(d) of the Controlled Substances Act (21
U.S.C. 863(d)) is amended in the matter preceding para-
graph (1) by inserting ‘‘methamphetamine,’’ after ‘‘PCP,’’.
PART II—ENHANCED LAW ENFORCEMENT
SEC. 3621. ENVIRONMENTAL HAZARDS ASSOCIATED WITH
ILLEGAL MANUFACTURE OF AMPHETAMINE
AND METHAMPHETAMINE.
(a) USE OF AMOUNTS OR DEPARTMENT OF JUSTICE
ASSETS FORFEITURE FUND.—Section 524(c)(1)(E) of title
28, United States Code, is amended—
(1) by inserting ‘‘(i) for’’ before ‘‘disbursements’’;
(2) by inserting ‘‘and’’ after the semicolon; and
(3) by adding at the end the following:
‘‘(ii) for payment for—
‘‘(I) costs incurred by or on behalf of the
Department of Justice in connection with the re-
moval, for purposes of Federal forfeiture and dis-
position, of any hazardous substance or pollutant
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or contaminant associated with the illegal manu-
facture of amphetamine or methamphetamine;
and
‘‘(II) costs incurred by or on behalf of a
State or local government in connection with
such removal in any case in which such State or
local government has assisted in a Federal pros-
ecution relating to amphetamine or methamphet-
amine, to the extent such costs exceed equitable
sharing payments made to such State or local
government in such case;’’.
(b) GRANTS UNDER DRUG CONTROL AND SYSTEM IM-
PROVEMENT GRANT PROGRAM.—Section 501(b)(3) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3751(b)(3)) is amended by inserting before the semi-
colon the following: ‘‘and to remove any hazardous sub-
stance or pollutant or contaminant associated with the ille-
gal manufacture of amphetamine or methamphetamine’’.
(c) AMOUNTS SUPPLEMENT AND NOT SUPPLANT.—
(1) ASSETS FORFEITURE FUND.—Any amounts
made available from the Department of Justice Assets
Forfeiture Fund in a fiscal year by reason of the
amendment made by subsection (a) shall supplement,
and not supplant, any other amounts made available
to the Department of Justice in such fiscal year from
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other sources for payment of costs described in section
524(c)(1)(E)(ii) of title 28, United States Code, as so
amended.
(2) GRANT
PROGRAM.—Any amounts made
available in a fiscal year under the grant program
under section 501(b)(3) of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C.
3751(b)(3)) for the removal of hazardous substances or
pollutants or contaminants associated with the illegal
manufacture of amphetamine or methamphetamine
by reason of the amendment made by subsection (b)
shall supplement, and not supplant, any other
amounts made available in such fiscal year from
other sources for such removal.
SEC. 3622. REDUCTION IN RETAIL SALES TRANSACTION
THRESHOLD FOR NON-SAFE HARBOR PROD-
UCTS CONTAINING PSEUDOEPHEDRINE OR
PHENYLPROPANOLAMINE.
(a) REDUCTION IN TRANSACTION THRESHOLD.—Sec-
tion 102(39)(A)(iv)(II) of the Controlled Substances Act (21
U.S.C. 802(39)(A)(iv)(II)) is amended—
(1) by striking ‘‘24 grams’’ both places it ap-
pears and inserting ‘‘9 grams’’; and
(2) by inserting before the semicolon at the end
the following: ‘‘and sold in package sizes of not more
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than 3 grams of pseudoephedrine base or 3 grams of
phenylpropanolamine base’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect 1 year after the date of enact-
ment of this Act.
SEC. 3623. TRAINING FOR DRUG ENFORCEMENT ADMINIS-
TRATION AND STATE AND LOCAL LAW EN-
FORCEMENT 
PERSONNEL 
RELATING 
TO
CLANDESTINE LABORATORIES.
(a) IN GENERAL.—
(1) REQUIREMENT.—The Administrator of the
Drug Enforcement Administration shall carry out the
programs described in subsection (b) with respect to
the law enforcement personnel of States and localities
determined by the Administrator to have significant
levels of methamphetamine-related or amphetamine-
related crime or projected by the Administrator to
have the potential for such levels of crime in the fu-
ture.
(2) DURATION.—The duration of any program
under that subsection may not exceed 3 years.
(b) COVERED PROGRAMS.—The programs described in
this subsection are as follows:
(1) ADVANCED
MOBILE
CLANDESTINE
LABORA-
TORY TRAINING TEAMS.—A program of advanced mo-
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bile clandestine laboratory training teams, which
shall provide information and training to State and
local law enforcement personnel in techniques utilized
in conducting undercover investigations and con-
spiracy cases, and other information designed to as-
sist in the investigation of the illegal manufacturing
and trafficking of amphetamine and methamphet-
amine.
(2) BASIC CLANDESTINE LABORATORY CERTIFI-
CATION TRAINING.—A program of basic clandestine
laboratory certification training, which shall provide
information and training—
(A) to Drug Enforcement Administration
personnel and State and local law enforcement
personnel for purposes of enabling such personnel
to meet any certification requirements under law
with respect to the handling of wastes created by
illegal amphetamine and methamphetamine lab-
oratories; and
(B) to State and local law enforcement per-
sonnel for purposes of enabling such personnel to
provide the information and training covered by
subparagraph (A) to other State and local law
enforcement personnel.
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(3) 
CLANDESTINE
LABORATORY
RECERTIFI-
CATION AND AWARENESS TRAINING.—A program of
clandestine laboratory recertification and awareness
training, which shall provide information and train-
ing to State and local law enforcement personnel for
purposes of enabling such personnel to provide recer-
tification and awareness training relating to clandes-
tine laboratories to additional State and local law en-
forcement personnel.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated for each of fiscal years 2000,
2001, and 2002 amounts as follows:
(1) $1,500,000 to carry out the program de-
scribed in subsection (b)(1).
(2) $3,000,000 to carry out the program de-
scribed in subsection (b)(2).
(3) $1,000,000 to carry out the program de-
scribed in subsection (b)(3).
SEC. 3624. COMBATING METHAMPHETAMINE AND AMPHET-
AMINE IN HIGH INTENSITY DRUG TRAF-
FICKING AREAS.
(a) IN GENERAL.—
(1) IN
GENERAL.—The Director of National
Drug Control Policy shall use amounts available
under this section to combat the trafficking of meth-
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amphetamine and amphetamine in areas designated
by the Director as high intensity drug trafficking
areas.
(2) ACTIVITIES.—In meeting the requirement in
paragraph (1), the Director shall transfer funds to
appropriate Federal, State, and local governmental
agencies for employing additional Federal law en-
forcement personnel, or facilitating the employment of
additional State and local law enforcement personnel,
including agents, investigators, prosecutors, labora-
tory technicians, chemists, investigative assistants,
and drug-prevention specialists.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section—
(1) $15,000,000 for fiscal year 2000; and
(2) such sums as may be necessary for each of
fiscal years 2001 through 2004.
(c) APPORTIONMENT OF FUNDS.—
(1) FACTORS IN APPORTIONMENT.—The Director
shall apportion amounts appropriated for a fiscal
year pursuant to the authorization of appropriations
in subsection (b) for activities under subsection (a)
among and within areas designated by the Director
as high intensity drug trafficking areas based on the
following factors:
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(A) The number of methamphetamine man-
ufacturing facilities and amphetamine manufac-
turing facilities discovered by Federal, State, or
local law enforcement officials in the previous
fiscal year.
(B) The number of methamphetamine pros-
ecutions and amphetamine prosecutions in Fed-
eral, State, or local courts in the previous fiscal
year.
(C) The number of methamphetamine ar-
rests and amphetamine arrests by Federal, State,
or local law enforcement officials in the previous
fiscal year.
(D) The amounts of methamphetamine, am-
phetamine, or listed chemicals (as that term is
defined in section 102(33) of the Controlled Sub-
stances Act (21 U.S.C. 802(33)) seized by Fed-
eral, State, or local law enforcement officials in
the previous fiscal year.
(E) Intelligence and predictive data from
the Drug Enforcement Administration and the
Department of Health and Human Services
showing patterns and trends in abuse, traf-
ficking, and transportation in methamphet-
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amine, amphetamine, and listed chemicals (as
that term is so defined).
(2) CERTIFICATION.—Before the Director appor-
tions any funds under this subsection to a high inten-
sity drug trafficking area, the Director shall certify
that the law enforcement entities responsible for clan-
destine methamphetamine and amphetamine labora-
tory seizures in that area are providing laboratory
seizure data to the national clandestine laboratory
database at the El Paso Intelligence Center.
(d) LIMITATION
ON ADMINISTRATIVE COSTS.—Not
more than 5 percent of the amount appropriated in a fiscal
year pursuant to the authorization of appropriations for
that fiscal year in subsection (b) may be available in that
fiscal year for administrative costs associated with activi-
ties under subsection (a).
SEC. 3625. COMBATING AMPHETAMINE AND METHAMPHET-
AMINE MANUFACTURING AND TRAFFICKING.
(a) ACTIVITIES.—In order to combat the illegal manu-
facturing and trafficking in amphetamine and meth-
amphetamine, the Administrator of the Drug Enforcement
Administration may—
(1) assist State and local law enforcement in
small and mid-sized communities in all phases of in-
vestigations related to such manufacturing and traf-
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ficking, including assistance with foreign-language
interpretation;
(2) staff additional regional enforcement and
mobile enforcement teams related to such manufac-
turing and trafficking;
(3) establish additional resident offices and posts
of duty to assist State and local law enforcement in
rural areas in combating such manufacturing and
trafficking;
(4) provide the Special Operations Division of
the Administration with additional agents and staff
to collect, evaluate, interpret, and disseminate critical
intelligence targeting the command and control oper-
ations of major amphetamine and methamphetamine
manufacturing and trafficking organizations;
(5) enhance the investigative and related func-
tions of the Chemical Control Program of the Admin-
istration to implement more fully the provisions of
the Comprehensive Methamphetamine Control Act of
1996 (Public Law 104–237);
(6) design an effective means of requiring an ac-
curate accounting of the import and export of list I
chemicals, and coordinate investigations relating to
the diversion of such chemicals;
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(7) develop a computer infrastructure sufficient
to receive, process, analyze, and redistribute time-sen-
sitive enforcement information from suspicious order
reporting to field offices of the Administration and
other law enforcement and regulatory agencies, in-
cluding the continuing development of the Suspicious
Order Reporting and Tracking System (SORTS) and
the Chemical Transaction Database (CTRANS) of the
Administration;
(8) establish an education, training, and com-
munication process in order to alert the industry to
current trends and emerging patterns in the illegal
manufacturing of amphetamine and methamphet-
amine; and
(9) carry out such other activities as the Admin-
istrator considers appropriate.
(b) ADDITIONAL POSITIONS AND PERSONNEL.—
(1) IN
GENERAL.—In carrying out activities
under subsection (a), the Administrator may establish
in the Administration not more than 50 full-time po-
sitions, including not more than 31 special-agent po-
sitions, and may appoint personnel to such positions.
(2) PARTICULAR
POSITIONS.—In carrying out
activities under paragraphs (5) through (8) of sub-
section (a), the Administrator may establish in the
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Administration not more than 15 full-time positions,
including not more than 10 diversion investigator po-
sitions, and may appoint personnel to such positions.
Any positions established under this paragraph are in
addition to any positions established under para-
graph (1).
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated for the Drug Enforcement
Administration for each fiscal year after fiscal year 1999,
$9,500,000 for purposes of carrying out the activities au-
thorized by subsection (a) and employing personnel in posi-
tions established under subsection (b), of which $3,000,000
shall be available for activities under paragraphs (5)
through (8) of subsection (a) and for employing personnel
in positions established under subsection (b)(2).
PART III—ABUSE PREVENTION AND TREATMENT
SEC. 3631. EXPANSION OF METHAMPHETAMINE RESEARCH.
Section 464N of the Public Health Service Act (42
U.S.C. 285o–2) is amended by adding at the end the fol-
lowing:
‘‘(c) METHAMPHETAMINE RESEARCH.—
‘‘(1) GRANTS OR COOPERATIVE AGREEMENTS.—
The Director of the Institute may make grants or
enter into cooperative agreements to expand the cur-
rent and on-going interdisciplinary research and
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clinical trials with treatment centers of the National
Drug Abuse Treatment Clinical Trials Network relat-
ing to methamphetamine abuse and addiction and
other biomedical, behavioral, and social issues related
to methamphetamine abuse and addiction.
‘‘(2) USE OF FUNDS.—Amounts made available
under a grant or cooperative agreement under para-
graph (1) for methamphetamine abuse and addiction
may be used for research and clinical trials relating
to—
‘‘(A) the effects of methamphetamine abuse
on the human body, including the brain;
‘‘(B) the addictive nature of methamphet-
amine and how such effects differ with respect to
different individuals;
‘‘(C) the connection between methamphet-
amine abuse and mental health;
‘‘(D) the identification and evaluation of
the most effective methods of prevention of meth-
amphetamine abuse and addiction;
‘‘(E) the identification and development of
the most effective methods of treatment of meth-
amphetamine 
addiction, 
including 
pharma-
cological treatments;
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‘‘(F) risk factors for methamphetamine
abuse;
‘‘(G) effects of methamphetamine abuse and
addiction on pregnant women and their fetuses;
and
‘‘(H) cultural, social, behavioral, neuro-
logical and psychological reasons that individ-
uals abuse methamphetamine, or refrain from
abusing methamphetamine.
‘‘(3) RESEARCH RESULTS.—The Director shall
promptly disseminate research results under this sub-
section to Federal, State and local entities involved in
combating methamphetamine abuse and addiction.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to carry out paragraph (1), such sums as may
be necessary for each fiscal year.
‘‘(B) 
SUPPLEMENT
NOT
SUPPLANT.—
Amounts appropriated pursuant to the author-
ization of appropriations in subparagraph (A)
for a fiscal year shall supplement and not sup-
plant any other amounts appropriated in such
fiscal year for research on methamphetamine
abuse and addiction.’’.
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SEC. 3632. METHAMPHETAMINE AND AMPHETAMINE TREAT-
MENT 
INITIATIVE 
BY 
CENTER 
FOR 
SUB-
STANCE ABUSE TREATMENT.
Subpart 1 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb et seq.) is amended by adding
at the end the following new section:
‘‘METHAMPHETAMINE AND AMPHETAMINE TREATMENT
INITIATIVE
‘‘SEC. 514. (a) GRANTS.—
‘‘(1) AUTHORITY TO MAKE GRANTS.—The Direc-
tor of the Center for Substance Abuse Treatment may
make grants to States and Indian tribes recognized by
the United States that have a high rate, or have had
a rapid increase, in methamphetamine or amphet-
amine abuse or addiction in order to permit such
States and Indian tribes to expand activities in con-
nection with the treatment of methamphetamine or
amphetamine abuser or addiction in the specific geo-
graphical areas of such States or Indian tribes, as the
case may be, where there is such a rate or has been
such an increase.
‘‘(2) RECIPIENTS.—Any grants under paragraph
(1) shall be directed to the substance abuse directors
of the States, and of the appropriate tribal govern-
ment authorities of the Indian tribes, selected by the
Director to receive such grants.
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‘‘(3) NATURE
OF
ACTIVITIES.—Any activities
under a grant under paragraph (1) shall be based on
reliable scientific evidence of their efficacy in the
treatment of methamphetamine or amphetamine
abuse or addiction.
‘‘(b) GEOGRAPHIC DISTRIBUTION.—The Director shall
ensure that grants under subsection (a) are distributed eq-
uitably among the various regions of the country and
among rural, urban, and suburban areas that are affected
by methamphetamine or amphetamine abuse or addiction.
‘‘(c) ADDITIONAL ACTIVITIES.—The Director shall—
‘‘(1) evaluate the activities supported by grants
under subsection (a);
‘‘(2) disseminate widely such significant infor-
mation derived from the evaluation as the Director
considers appropriate to assist States, Indian tribes,
and private providers of treatment services for meth-
amphetamine or amphetamine abuser or addiction in
the treatment of methamphetamine or amphetamine
abuse or addiction; and
‘‘(3) provide States, Indian tribes, and such pro-
viders with technical assistance in connection with
the provision of such treatment.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
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‘‘(1) IN GENERAL.—There are authorized to be
appropriated to carry out this section $10,000,000 for
fiscal year 2000 and such sums as may be necessary
for each of fiscal years 2001 and 2002.
‘‘(2) USE OF CERTAIN FUNDS.—Of the funds ap-
propriated to carry out this section in any fiscal
year, the lesser of 5 percent of such funds or
$1,000,000 shall be available to the Director for pur-
poses of carrying out subsection (c).’’.
SEC. 3633. STUDY OF METHAMPHETAMINE TREATMENT.
(a) STUDY.—
(1) REQUIREMENT.—The Secretary of Health
and Human Services shall, in consultation with the
Institute of Medicine of the National Academy of
Sciences, conduct a study on the development of medi-
cations for the treatment of addiction to amphetamine
and methamphetamine.
(2) REPORT.—Not later than 9 months after the
date of enactment of this Act, the Secretary shall sub-
mit to the Committees on the Judiciary of the Senate
and House of Representatives a report on the results
of the study conducted under paragraph (1).
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
hereby authorized to be appropriated for the Department
of Health and Human Services for fiscal year 2000 such
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sums as may be necessary to meet the requirements of sub-
section (a).
PART IV—REPORTS
SEC. 3641. REPORTS ON CONSUMPTION OF METHAMPHET-
AMINE AND OTHER ILLICIT DRUGS IN RURAL
AREAS, METROPOLITAN AREAS, AND CON-
SOLIDATED METROPOLITAN AREAS.
The Secretary of Health and Human Services shall in-
clude in each National Household Survey on Drug Abuse
appropriate prevalence data and information on the con-
sumption of methamphetamine and other illicit drugs in
rural areas, metropolitan areas, and consolidated metro-
politan areas.
SEC. 3642. REPORT ON DIVERSION OF ORDINARY, OVER-
THE-COUNTER 
PSEUDOEPHEDRINE 
AND
PHENYLPROPANOLAMINE PRODUCTS.
(a) STUDY.—The Attorney General shall conduct a
study 
of 
the 
use 
of 
ordinary, 
over-the-counter
pseudoephedrine and phenylpropanolamine products in the
clandestine production of illicit drugs. Sources of data for
the study shall include the following:
(1) Information from Federal, State, and local
clandestine laboratory seizures and related investiga-
tions identifying the source, type, or brand of drug
products being utilized and how they were obtained
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for the illicit production of methamphetamine and
amphetamine.
(2) Information submitted voluntarily from the
pharmaceutical and retail industries involved in the
manufacture, distribution, and sale of drug products
containing ephedrine, pseudoephedrine, and phenyl-
propanolamine, including information on changes in
the pattern, volume, or both, of sales of ordinary,
over-the-counter 
pseudoephedrine 
and 
phenyl-
propanolamine products.
(b) REPORT.—
(1) REQUIREMENT.—Not later than 1 year after
the date of enactment of this Act, the Attorney Gen-
eral shall submit to Congress a report on the study
conducted under subsection (a).
(2) ELEMENTS.—The report shall include—
(A) the findings of the Attorney General as
a result of the study; and
(B) such recommendations on the need to
establish additional measures to prevent diver-
sion 
of 
ordinary, 
over-the-counter
pseudoephedrine and phenylpropanolamine (such
as a threshold on ordinary, over-the-counter
pseudoephedrine and phenylpropanolamine prod-
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ucts) as the Attorney General considers appro-
priate.
(3) MATTERS
CONSIDERED.—In preparing the
report, the Attorney General shall consider the com-
ments and recommendations including the comments
on the Attorney General’s proposed findings and rec-
ommendations, of State and local law enforcement
and regulatory officials and of representatives of the
industry described in subsection (a)(2).
(c) REGULATION OF RETAIL SALES.—
(1) 
IN
GENERAL.—Notwithstanding 
section
401(d) of the Comprehensive Methamphetamine Con-
trol Act of 1996 (21 U.S.C. 802 note) and subject to
paragraph (2), the Attorney General shall establish by
regulation a single-transaction limit of not less than
grams 
of 
ordinary, 
over-the-counter
pseudoephedrine or phenylpropanolamine (as the case
may be) for retail distributors, if the Attorney Gen-
eral finds, in the report under subsection (b), that—
(A) there is a significant number of in-
stances (as set forth in paragraph (3)(A) of such
section 401(d) for purposes of such section) where
ordinary, over-the-counter pseudoephedrine prod-
ucts, phenylpropanolamine products, or both
such products that were purchased from retail
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distributors were widely used in the clandestine
production of illicit drugs; and
(B) the best practical method of preventing
such use is the establishment of single-trans-
action limits for retail distributors of either or
both of such products.
(2) DUE PROCESS.—The Attorney General shall
establish the single-transaction limit under paragraph
(1) only after notice, comment, and an informal hear-
ing.
Subtitle B—Controlled Substances
Generally
SEC. 3651. ENHANCED PUNISHMENT FOR TRAFFICKING IN
LIST I CHEMICALS.
(a) AMENDMENTS TO FEDERAL SENTENCING GUIDE-
LINES.—Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing
Commission shall amend the Federal sentencing guidelines
in accordance with this section with respect to any violation
of paragraph (1) or (2) of section 401(d) of the Controlled
Substances Act (21 U.S.C. 841(d)) involving a list I chem-
ical and any violation of paragraph (1) or (3) of section
1010(d) of the Controlled Substance Import and Export Act
(21 U.S.C. 960(d)) involving a list I chemical.
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(b) 
EPHEDRINE, 
PHENYLPROPANOLAMINE, 
AND
PSEUDOEPHEDRINE.—
(1) IN GENERAL.—In carrying this section, the
United States Sentencing Commission shall, with re-
spect to each offense described in subsection (a) in-
volving 
ephedrine, 
phenylpropanolamine, 
or
pseudoephedrine (including their salts, optical iso-
mers, and salts of optical isomers), review and amend
its guidelines to provide for increased penalties such
that those penalties corresponded to the quantity of
controlled substance that could reasonably have been
manufactured using the quantity of ephedrine, phen-
ylpropanolamine, or pseudoephedrine possessed or
distributed.
(2) CONVERSION RATIOS.—For the purposes of
the amendments made by this subsection, the quantity
of controlled substance that could reasonably have
been manufactured shall be determined by using a
table of manufacturing conversion ratios for ephed-
rine, phenylpropanolamine, and pseudoephedrine,
which table shall be established by the Sentencing
Commission based on scientific, law enforcement, and
other data the Sentencing Commission considers ap-
propriate.
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(c) OTHER LIST I CHEMICALS.—In carrying this sec-
tion, the United States Sentencing Commission shall, with
respect to each offense described in subsection (a) involving
any list I chemical other than ephedrine, phenylpropanola-
mine, or pseudoephedrine, review and amend its guidelines
to provide for increased penalties such that those penalties
reflect the dangerous nature of such offenses, the need for
aggressive law enforcement action to fight such offenses, and
the extreme dangers associated with unlawful activity in-
volving methamphetamine and amphetamine, including—
(1) the rapidly growing incidence of controlled
substance manufacturing;
(2) the extreme danger inherent in manufac-
turing controlled substances;
(3) the threat to public safety posed by manufac-
turing controlled substances; and
(4) the recent increase in the importation, pos-
session, and distribution of list I chemicals for the
purpose of manufacturing controlled substances.
(d) EMERGENCY AUTHORITY TO SENTENCING COMMIS-
SION.—The United States Sentencing Commission shall
promulgate amendments pursuant to this section as soon
as practicable after the date of enactment of this Act in
accordance with the procedure set forth in section 21(a) of
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the Sentencing Act of 1987 (Public Law 100–182), as
though the authority under that Act had not expired.
SEC. 3652. MAIL ORDER REQUIREMENTS.
Section 310(b)(3) of the Controlled Substances Act (21
U.S.C. 830(b)(3)) is amended—
(1) by redesignating subparagraphs (A) and (B)
as subparagraphs (B) and (C), respectively;
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
‘‘(A) As used in this paragraph:
‘‘(i) The term ‘drug product’ means an
active ingredient in dosage form that has
been approved or otherwise may be lawfully
marketed under the Food, Drug, and Cos-
metic Act for distribution in the United
States.
‘‘(ii) The term ‘valid prescription’
means a prescription which is issued for a
legitimate medical purpose by an indi-
vidual practitioner licensed by law to ad-
minister and prescribe the drugs concerned
and acting in the usual course of the practi-
tioner’s professional practice.’’;
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(3) in subparagraph (B), as so redesignated, by
inserting ‘‘or who engages in an export transaction’’
after ‘‘nonregulated person’’; and
(4) adding at the end the following:
‘‘(D) Except as provided in subparagraph
(E), the following distributions to a nonregulated
person, and the following export transactions,
shall not be subject to the reporting requirement
in subparagraph (B):
‘‘(i) Distributions of sample packages
of drug products when such packages con-
tain not more than 2 solid dosage units or
the equivalent of 2 dosage units in liquid
form, not to exceed 10 milliliters of liquid
per package, and not more than one pack-
age is distributed to an individual or resi-
dential address in any 30-day period.
‘‘(ii) Distributions of drug products by
retail distributors that may not include
face-to-face transactions to the extent that
such distributions are consistent with the
activities authorized for a retail distributor
as specified in section 102(46).
‘‘(iii) Distributions of drug products to
a resident of a long term care facility (as
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that term is defined in regulations pre-
scribed by the Attorney General) or dis-
tributions of drug products to a long term
care facility for dispensing to or for use by
a resident of that facility.
‘‘(iv) Distributions of drug products
pursuant to a valid prescription.
‘‘(v) Exports which have been reported
to the Attorney General pursuant to section
1004 or 1018 or which are subject to a
waiver granted under section 1018(e)(2).
‘‘(vi) Any quantity, method, or type of
distribution or any quantity, method, or
type of distribution of a specific listed
chemical (including specific formulations or
drug products) or of a group of listed
chemicals (including specific formulations
or drug products) which the Attorney Gen-
eral has excluded by regulation from such
reporting requirement on the basis that such
reporting is not necessary for the enforce-
ment of this title or title III.
‘‘(E) The Attorney General may revoke any
or all of the exemptions listed in subparagraph
(D) for an individual regulated person if he
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finds that drug products distributed by the regu-
lated person are being used in violation of this
title or title III. The regulated person shall be
notified of the revocation, which will be effective
upon receipt by the person of such notice, as pro-
vided in section 1018(c)(1), and shall have the
right to an expedited hearing as provided in sec-
tion 1018(c)(2).’’.
SEC. 3653. THEFT AND TRANSPORTATION OF ANHYDROUS
AMMONIA FOR PURPOSES OF ILLICIT PRO-
DUCTION OF CONTROLLED SUBSTANCES.
(a) IN GENERAL.—Part D of the Controlled Substances
Act (21 U.S.C. 841 et seq.) is amended by adding at the
end the following:
‘‘ANHYDROUS AMMONIA
‘‘SEC. 423. (a) It is unlawful for any person—
‘‘(1) to steal anhydrous ammonia, or
‘‘(2) to transport stolen anhydrous ammonia
across State lines,
knowing, intending, or having reasonable cause to believe
that such anhydrous ammonia will be used to manufacture
a controlled substance in violation of this part.
‘‘(b) Any person who violates subsection (a) shall be
imprisoned or fined, or both, in accordance with section
403(d) as if such violation were a violation of a provision
of section 403.’’.
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(b) CLERICAL AMENDMENT.—The table of contents for
that Act is amended by inserting after the item relating
to section 421 the following new items:
‘‘Sec. 422. Drug paraphernalia.
‘‘Sec. 423. Anhydrous ammonia.’’.
(c) ASSISTANCE FOR CERTAIN RESEARCH.—
(1) AGREEMENT.—The Administrator of the
Drug Enforcement Administration shall seek to enter
into an agreement with Iowa State University in
order to permit the University to continue and ex-
pand its current research into the development of
inert agents that, when added to anhydrous ammo-
nia, eliminate the usefulness of anhydrous ammonia
as an ingredient in the production of methamphet-
amine.
(2) REIMBURSABLE PROVISION OF FUNDS.—The
agreement under paragraph (1) may provide for the
provision to Iowa State University, on a reimbursable
basis, of $500,000 for purposes the activities specified
in that paragraph.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is hereby authorized to be appropriated for the
Drug Enforcement Administration for fiscal year
2000, $500,000 for purposes of carrying out the agree-
ment under this subsection.