H. R. 4365—117
as the Commission considers advisable to carry out the purpose
for which the Commission was established.
(2) INFORMATION FROM FEDERAL AGENCIES.—The Commis-
sion may secure directly from any Federal department or agency
such information as the Commission considers necessary to
carry out the purpose for which the Commission was estab-
lished. 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 subparagraph (B),
each member of the Commission may be compensated at a
rate 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 title 5, United States Code, for each
day (including travel time), during which that member is
engaged in the actual performance of the duties of the Commis-
sion.
(2) LIMITATION.—Members of the Commission who are offi-
cers or employees of the United States shall receive no addi-
tional pay on account of their service on the Commission.
(g) TRAVEL EXPENSES
OF MEMBERS.—The members of the
Commission shall be allowed travel expenses, including 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 Commission.
(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 necessary to enable the Commis-
sion to carry out its duties.
(2) COMPENSATION
OF
PERSONNEL.—The Secretary, in
accordance with rules established by the 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 with-
out 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 temporary and inter-
mittent services of experts and consultants 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 the 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—
(A) detail the health problems faced by Indians and
Native Alaskans who reside on reservations;
(B) examine and explain the causes of such problems;
H. R. 4365—118
(C) describe the health care services available to
Indians and Native Alaskans who reside on reservations
and the adequacy of such services;
(D) identify the reasons for the provision of inadequate
health care services for Indians and Native Alaskans who
reside on reservations, including the availability of
resources;
(E) develop measures for tracking the health status
of Indians and Native Americans who reside on reserva-
tions; and
(F) make recommendations for improvements in the
health care services provided for Indians and Native Alas-
kans who reside on reservations, including recommenda-
tions for legislative change.
(2) EXCEPTION.—In addition to the report required under
paragraph (1), not later than 2 years after the date of the
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 describes any alcohol and drug abuse among Indians and
Native Alaskans who reside on reservations.
( j) PERMANENT
COMMISSION.—Section 14 of the Federal
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 RELATING
TO FLEXIBILITY AND ACCOUNTABILITY
SEC. 3401. GENERAL AUTHORITIES AND PEER REVIEW.
(a) GENERAL AUTHORITIES.—Paragraph (1) of section 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 Administration
an Associate Administrator for Alcohol Prevention and Treat-
ment Policy to whom the Administrator may delegate the func-
tions of promoting, monitoring, and evaluating service programs
for the prevention and treatment of alcoholism and alcohol
abuse within the Center for Substance Abuse Prevention, the
Center for Substance Abuse Treatment and the Center for
Mental Health Services, and coordinating 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
integrated into all programs of the Centers that address sub-
stance abuse prevention, education, and policy, and that the
Center for Substance Abuse Prevention addresses the Healthy
People 2010 goals and the National 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:
H. R. 4365—119
‘‘SEC. 504. PEER REVIEW.
‘‘(a) IN GENERAL.—The Secretary, after consultation with the
Administrator, shall require appropriate peer review 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 Office of Federal Procurement Policy Act.
‘‘(b) MEMBERS.—The members of any peer review group estab-
lished under subsection (a) shall be individuals who by virtue
of their training or experience are eminently qualified to perform
the review functions of the group. Not more than one-fourth 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 coopera-
tive agreement is recommended—
‘‘(1) after peer review required under subsection (a); and
‘‘(2) by the appropriate advisory council.
‘‘(d) CONDITIONS.—The Secretary may establish limited excep-
tions to the limitations contained in this section regarding participa-
tion of Federal employees and advisory council approval. The cir-
cumstances under which the Secretary 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’’.
SEC. 3403. GENERAL PROVISIONS FOR THE PERFORMANCE PARTNER-
SHIP BLOCK GRANTS.
(a) PLANS FOR PERFORMANCE PARTNERSHIPS.—Section 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 separate plans for the
programs authorized under subparts I and II for creating more
flexibility for States and accountability 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 disturbance and
adults with serious mental illness and for individuals with
co-occurring mental health and substance abuse disorders;
‘‘(3) the definitions for the data elements to be used under
the plan;
‘‘(4) the obstacles to implementation of the plan and the
manner in which such obstacles would be resolved;
H. R. 4365—120
‘‘(5) the resources needed to implement the performance
partnerships under the plan; and
‘‘(6) an implementation strategy complete with rec-
ommendations for any necessary legislation.
‘‘(b) SUBMISSION.—Not later than 2 years after the date of
the 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 Representatives.
‘‘(c) INFORMATION.—As the elements of the plans described in
subsection (a) are developed, States are encouraged to provide
information to the Secretary on a voluntary basis.
‘‘(d) PARTICIPANTS.—The Secretary shall include among those
interested groups that participate in the development of the plan
consumers of mental health or substance abuse services, providers,
representatives of political divisions of States, and representatives
of racial and ethnic groups including Native Americans.’’.
(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 subpart 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 reporting systems with regard
to performance measures including capacity, process, and outcomes
measures.
‘‘(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 determining whether a State has a fundamental basis
for the collection, analysis, and reporting of data.
‘‘(c) CONDITION OF RECEIPT OF FUNDS.—As a condition 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