H. R. 4365—87
‘‘(d) USE OF FUNDS.—Amounts provided under grants, contracts,
or cooperative agreements under subsection (a) shall be used to
supplement and not supplant other Federal, State, and local public
funds that are expended to provide services for eligible individuals.
‘‘(e) CONDITION.—An applicant for a grant, contract, or coopera-
tive agreement under subsection (a) shall demonstrate to the Sec-
retary that the applicant has the support of the local community
and relevant public health officials.
‘‘(f ) SPECIAL POPULATIONS.—In awarding grants, contracts, and
cooperative agreements under subsection (a), the Secretary shall
ensure that such awards are made in a manner that will focus
on the needs of communities or groups that experience high or
rapidly rising rates of suicide.
‘‘(g) APPLICATION.—A State, political subdivision of a State,
Indian tribe, tribal organization, public organization, or private
nonprofit organization receiving a grant, contract, or cooperative
agreement under subsection (a) shall prepare and submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require. Such application shall include a plan for the rigorous
evaluation of activities funded under the grant, contract, or coopera-
tive agreement, including a process and outcome evaluation.
‘‘(h) DISTRIBUTION OF AWARDS.—In awarding grants, contracts,
and cooperative agreements under subsection (a), the Secretary
shall ensure that such awards are distributed among the geo-
graphical regions of the United States and between urban and
rural settings.
‘‘(i) EVALUATION.—A State, political subdivision of a State,
Indian tribe, tribal organization, public organization, or private
nonprofit organization receiving a grant, contract, or cooperative
agreement under subsection (a) shall prepare and submit to the
Secretary at the end of the program period, an evaluation of all
activities funded under this section.
‘‘( j) DISSEMINATION
AND
EDUCATION.—The Secretary shall
ensure that findings derived from activities carried out under this
section are disseminated to State, county and local governmental
agencies and public and private nonprofit organizations active in
promoting suicide prevention and family support activities.
‘‘(k) DURATION OF PROJECTS.—With respect to a grant, contract,
or cooperative agreement awarded under this section, the period
during which payments under such award may be made to the
recipient may not exceed 5 years.
‘‘(l) STUDY.—Within 1 year after the date of the enactment
of this section, the Secretary shall, directly or by grant or contract,
initiate a study to assemble and analyze data to identify—
‘‘(1) unique profiles of children under 13 who attempt or
complete suicide;
‘‘(2) unique profiles of youths between ages 13 and 21
who attempt or complete suicide; and
‘‘(3) a profile of services which might have been available
to these groups and the use of these services by children and
youths from paragraphs (1) and (2).
‘‘(m) AUTHORIZATION OF APPROPRIATION.—
‘‘(1) IN GENERAL.—For purposes of carrying out this section,
there is authorized to be appropriated $75,000,000 for fiscal
year 2001 and such sums as may be necessary for each of
the fiscal years 2002 through 2003.
H. R. 4365—88
‘‘(2) PROGRAM MANAGEMENT.—In carrying out this section,
the Secretary shall use 1 percent of the amount appropriated
under paragraph (1) for each fiscal year for managing programs
under this section.’’.
SEC. 3112. GENERAL PROVISIONS.
(a) DUTIES
OF
THE CENTER
FOR SUBSTANCE ABUSE TREAT-
MENT.—Section 507(b) of the Public Health Service Act (42 U.S.C.
290bb(b)) is amended—
(1) by redesignating paragraphs (2) through (12) as para-
graphs (4) through (14), respectively;
(2) by inserting after paragraph (1), the following:
‘‘(2) ensure that emphasis is placed on children and adoles-
cents in the development of treatment programs;
‘‘(3) collaborate with the Attorney General to develop pro-
grams to provide substance abuse treatment services to individ-
uals who have had contact with the Justice system, especially
adolescents;’’;
(3) in paragraph (7) (as so redesignated), by striking ‘‘serv-
ices, and monitor’’ and all that follows through ‘‘1925’’ and
inserting ‘‘services’’;
(4) in paragraph (13) (as so redesignated), by striking
‘‘treatment, including’’ and all that follows through ‘‘which
shall’’ and inserting ‘‘treatment, which shall’’; and
(5) in paragraph 14 (as so redesignated), by striking ‘‘para-
graph (11)’’ and inserting ‘‘paragraph (13)’’.
(b) OFFICE FOR SUBSTANCE ABUSE PREVENTION.—Section 515(b)
of the Public Health Service Act (42 U.S.C. 290bb–21(b)) is
amended—
(1) by redesignating paragraphs (9) and (10) as (10) and
(11);
(2) by inserting after paragraph (8), the following:
‘‘(9) collaborate with the Attorney General of the Depart-
ment of Justice to develop programs to prevent drug abuse
among high risk youth;’’; and
(3) in paragraph (10) (as so redesignated), by striking
‘‘public concerning’’ and inserting ‘‘public, especially adolescent
audiences, concerning’’.
(c) DUTIES OF THE CENTER FOR MENTAL HEALTH SERVICES.—
Section 520(b) of the Public Health Service Act (42 U.S.C. 290bb–
3(b)) is amended—
(1) by redesignating paragraphs (3) through (14) as para-
graphs (4) through (15), respectively;
(2) by inserting after paragraph (2), the following:
‘‘(3) collaborate with the Department of Education and
the Department of Justice to develop programs to assist local
communities in addressing violence among children and adoles-
cents;’’;
(3) in paragraph (8) (as so redesignated), by striking ‘‘pro-
grams authorized’’ and all that follows through ‘‘Programs’’
and inserting ‘‘programs under part C’’; and
(4) in paragraph (9) (as so redesignated), by striking ‘‘pro-
gram and programs’’ and all that follows through ‘‘303’’ and
inserting ‘‘programs’’.
H. R. 4365—89
TITLE XXXII—PROVISIONS RELATING
TO MENTAL HEALTH
SEC. 3201. PRIORITY MENTAL HEALTH NEEDS OF REGIONAL AND
NATIONAL SIGNIFICANCE.
(a) IN GENERAL.—Section 520A of the Public Health Service
Act (42 U.S.C. 290bb–32) is amended to read as follows:
‘‘SEC. 520A. PRIORITY MENTAL HEALTH NEEDS OF REGIONAL AND
NATIONAL SIGNIFICANCE.
‘‘(a) PROJECTS.—The Secretary shall address priority mental
health 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, treatment, and rehabilitation, and the conduct or
support of evaluations of such projects;
‘‘(2) training and technical assistance programs;
‘‘(3) targeted capacity response programs; and
‘‘(4) systems change grants including statewide family net-
work grants and client-oriented and consumer run self-help
activities.
The Secretary may carry out the activities described in this sub-
section directly or through grants or cooperative agreements with
States, political subdivisions of States, Indian tribes and tribal
organizations, other public or private nonprofit entities.
‘‘(b) PRIORITY MENTAL HEALTH NEEDS.—
‘‘(1) DETERMINATION
OF
NEEDS.—Priority mental health
needs of regional and national significance shall be determined
by the Secretary in consultation with States and other
interested groups. The Secretary shall meet with the States
and interested groups on an annual basis to discuss program
priorities.
‘‘(2) SPECIAL CONSIDERATION.—In developing program prior-
ities described in paragraph (1), the Secretary shall give special
consideration to promoting the integration of mental health
services into primary health care systems.
‘‘(c) REQUIREMENTS.—
‘‘(1) IN
GENERAL.—Recipients of grants, contracts, and
cooperative agreements under this section shall comply with
information and application requirements determined appro-
priate by the Secretary.
‘‘(2) DURATION OF AWARD.—With respect to a grant, con-
tract, 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.
‘‘(3) MATCHING FUNDS.—The Secretary may, for projects
carried out under subsection (a), require that entities that
apply for grants, contracts, or cooperative agreements under
this section provide non-Federal 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.
H. R. 4365—90
‘‘(4) MAINTENANCE OF EFFORT.—With respect to activities
for which a grant, contract or cooperative agreement is awarded
under this section, the Secretary 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 main-
tained 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 disseminate the
findings with respect to each such evaluation to appropriate public
and private entities.
‘‘(e) INFORMATION AND EDUCATION.—
‘‘(1) IN GENERAL.—The Secretary shall establish informa-
tion and education programs to disseminate and apply the
findings of the knowledge development and application,
training, and technical assistance programs, and targeted
capacity response programs, under this section to the general
public, to health care professionals, and to interested groups.
The Secretary shall make every effort to provide linkages
between the findings of supported projects and State agencies
responsible for carrying out mental health services.
‘‘(2) RURAL AND UNDERSERVED AREAS.—In disseminating
information on evidence-based practices in the provision of chil-
dren’s mental health services under this subsection, the Sec-
retary shall ensure that such information is distributed to
rural and medically underserved areas.
‘‘(f ) AUTHORIZATION OF APPROPRIATION.—
‘‘(1) IN GENERAL.—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.
‘‘(2) DATA
INFRASTRUCTURE.—If amounts are not appro-
priated for a fiscal year to carry out section 1971 with respect
to mental health, then the Secretary shall make available,
from the amounts appropriated for such fiscal year under para-
graph (1), an amount equal to the sum of $6,000,000 and
10 percent of all amounts appropriated for such fiscal year
under such paragraph in excess of $100,000,000, to carry out
such section 1971.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 303 of the Public Health Service Act (42 U.S.C.
242a) is repealed.
(2) Section 520B of the Public Health Service Act (42 U.S.C.
290bb–33) is repealed.
(3) Section 612 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 290aa–3 note) is repealed.
SEC. 3202. GRANTS FOR THE BENEFIT OF HOMELESS INDIVIDUALS.
Section 506 of the Public Health Service Act (42 U.S.C. 290aa–
5) is amended to read as follows:
‘‘SEC. 506. GRANTS FOR THE BENEFIT OF HOMELESS INDIVIDUALS.
‘‘(a) IN GENERAL.—The Secretary shall award grants, contracts
and cooperative agreements to community-based public and private
nonprofit entities for the purposes of providing mental health and
substance abuse services for homeless individuals. In carrying out
H. R. 4365—91
this section, the Secretary shall consult with the Interagency
Council on the Homeless, established under section 201 of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11311).
‘‘(b) PREFERENCES.—In awarding grants, contracts, and coopera-
tive agreements under subsection (a), the Secretary shall give a
preference to—
‘‘(1) entities that provide integrated primary health, sub-
stance abuse, and mental health services to homeless individ-
uals;
‘‘(2) entities that demonstrate effectiveness in serving run-
away, homeless, and street youth;
‘‘(3) entities that have experience in providing substance
abuse and mental health services to homeless individuals;
‘‘(4) entities that demonstrate experience in providing
housing for individuals in treatment for or in recovery from
mental illness or substance abuse; and
‘‘(5) entities that demonstrate effectiveness in serving
homeless veterans.
‘‘(c) SERVICES FOR CERTAIN INDIVIDUALS.—In awarding grants,
contracts, and cooperative agreements under subsection (a), the
Secretary shall not—
‘‘(1) prohibit the provision of services under such subsection
to homeless individuals who are suffering from a substance
abuse disorder and are not suffering from a mental health
disorder; and
‘‘(2) make payments under subsection (a) to any entity
that has a policy of—
‘‘(A) excluding individuals from mental health services
due to the existence or suspicion of substance abuse; or
‘‘(B) has a policy of excluding individuals from sub-
stance abuse services due to the existence or suspicion
of mental illness.
‘‘(d) TERM OF THE AWARDS.—No entity may receive a grant,
contract, or cooperative agreement under subsection (a) for more
than 5 years.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section, $50,000,000 for fiscal
year 2001, and such sums as may be necessary for each of the
fiscal years 2002 and 2003.’’.
SEC. 3203. PROJECTS FOR ASSISTANCE IN TRANSITION FROM
HOMELESSNESS.
(a) WAIVERS
FOR TERRITORIES.—Section 522 of the Public
Health Service Act (42 U.S.C. 290cc–22) is amended by adding
at the end the following:
‘‘(i) WAIVER
FOR TERRITORIES.—With respect to the United
States Virgin Islands, Guam, American Samoa, Palau, the Marshall
Islands, and the Commonwealth of the Northern Mariana Islands,
the Secretary may waive the provisions of this part that the Sec-
retary determines to be appropriate.’’.
(b) AUTHORIZATION OF APPROPRIATION.—Section 535(a) of the
Public Health Service Act (42 U.S.C. 290cc–35(a)) is amended by
striking ‘‘1991 through 1994’’ and inserting ‘‘2001 through 2003’’.
H. R. 4365—92
SEC. 3204. COMMUNITY MENTAL HEALTH SERVICES PERFORMANCE
PARTNERSHIP BLOCK GRANT.
(a) CRITERIA FOR PLAN.—Section 1912(b) of the Public Health
Service Act (42 U.S.C. 300x–2(b)) is amended by striking paragraphs
(1) through (12) and inserting the following:
‘‘(1) COMPREHENSIVE
COMMUNITY-BASED
MENTAL
HEALTH
SYSTEMS.—The plan provides for an organized community-based
system of care for individuals with mental illness and describes
available services and resources in a comprehensive system
of care, including services for dually diagnosed individuals.
The description of the system of care shall include health
and mental health services, rehabilitation services, employment
services, housing services, educational services, substance abuse
services, medical and dental care, and other support services
to be provided to individuals with Federal, State and local
public and private resources to enable such individuals to func-
tion outside of inpatient or residential institutions to the max-
imum extent of their capabilities, including services to be pro-
vided by local school systems under the Individuals with
Disabilities Education Act. The plan shall include a separate
description of case management services and provide for activi-
ties leading to reduction of hospitalization.
‘‘(2) MENTAL HEALTH SYSTEM DATA AND EPIDEMIOLOGY.—
The plan contains an estimate of the incidence and prevalence
in the State of serious mental illness among adults and serious
emotional disturbance among children and presents quan-
titative targets to be achieved in the implementation of the
system described in paragraph (1).
‘‘(3) CHILDREN’S SERVICES.—In the case of children with
serious emotional disturbance, the plan—
‘‘(A) subject to subparagraph (B), provides for a system
of integrated social services, educational services, juvenile
services, and substance abuse services that, together with
health and mental health services, will be provided in
order for such children to receive care appropriate for their
multiple needs (such system to include services provided
under the Individuals with Disabilities Education Act);
‘‘(B) provides that the grant under section 1911 for
the fiscal year involved will not be expended to provide
any service under such system other than comprehensive
community mental health services; and
‘‘(C) provides for the establishment of a defined
geographic area for the provision of the services of such
system.
‘‘(4) TARGETED SERVICES TO RURAL AND HOMELESS POPU-
LATIONS.—The plan describes the State’s outreach to and serv-
ices for individuals who are homeless and how community-
based services will be provided to individuals residing in rural
areas.
‘‘(5) MANAGEMENT SYSTEMS.—The plan describes the finan-
cial resources, staffing and training for mental health providers
that is necessary to implement the plan, and provides for
the training of providers of emergency health services regarding
mental health. The plan further describes the manner in which
the State intends to expend the grant under section 1911 for
the fiscal year involved.
H. R. 4365—93
Except as provided for in paragraph (3), the State plan shall contain
the information required under this subsection with respect to
both adults with serious mental illness and children with serious
emotional disturbance.’’.
(b) REVIEW OF PLANNING COUNCIL OF STATE’S REPORT.—Section
1915(a) of the Public Health Service Act (42 U.S.C. 300x–4(a))
is amended—
(1) in paragraph (1), by inserting ‘‘and the report of the
State under section 1942(a) concerning the preceding fiscal
year’’ after ‘‘to the grant’’; and
(2) in paragraph (2), by inserting before the period ‘‘and
any comments concerning the annual report’’.
(c) MAINTENANCE OF EFFORT.—Section 1915(b) of the Public
Health Service Act (42 U.S.C. 300x–4(b)) is amended—
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1), the following:
‘‘(2) 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 nature and for a specific
purpose.’’.
(d) APPLICATION FOR GRANTS.—Section 1917(a)(1) of the Public
Health Service Act (42 U.S.C. 300x–6(a)(1)) is amended to read
as follows:
‘‘(1) the plan is received by the Secretary not later than
September 1 of the fiscal year prior to the fiscal year for
which a State is seeking funds, and the report from the previous
fiscal year as required under section 1941 is received by
December 1 of the fiscal year of the grant;’’.
(e) WAIVERS FOR TERRITORIES.—Section 1917(b) of the Public
Health Service Act (42 U.S.C. 300x–6(b)) is amended by striking
‘‘whose allotment under section 1911 for the fiscal year is the
amount specified in section 1918(c)(2)(B)’’ and inserting in its place
‘‘except Puerto Rico’’.
(f ) AUTHORIZATION
OF APPROPRIATION.—Section 1920 of the
Public Health Service Act (42 U.S.C. 300x–9) is amended—
(1) in subsection (a), by striking ‘‘$450,000,000’’ and all
that follows through the end and inserting ‘‘$450,000,000 for
fiscal year 2001, and such sums as may be necessary for each
of the fiscal years 2002 and 2003.’’; and
(2) in subsection (b)(2), by striking ‘‘section 505’’ and
inserting ‘‘sections 505 and 1971’’.
SEC. 3205. DETERMINATION OF ALLOTMENT.
Section 1918(b) of the Public Health Service Act (42 U.S.C.
300x–7(b)) is amended to read as follows:
‘‘(b) MINIMUM ALLOTMENTS FOR STATES.—With respect to fiscal
year 2000, and subsequent fiscal years, the amount of the allotment
of a State under section 1911 shall not be less than the amount
the State received under such section for fiscal year 1998.’’.
SEC. 3206. PROTECTION AND ADVOCACY FOR MENTALLY ILL INDIVID-
UALS ACT OF 1986.
(a) SHORT TITLE.—The first section of the Protection and
Advocacy for Mentally Ill Individuals Act of 1986 (Public Law
99–319) is amended to read as follows:
H. R. 4365—94
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Protection and Advocacy for
Individuals with Mental Illness Act’.’’.
(b) DEFINITIONS.—Section 102 of the Protection and Advocacy
for Individuals with Mental Illness Act (as amended by subsection
(a)) (42 U.S.C. 10802) is amended—
(1) in paragraph (4)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘, except as provided in section 104(d),’’ after
‘‘means’’;
(B) in subparagraph (B)—
(i) by striking ‘‘(i)’’ who’’ and inserting ‘‘(i)(I) who’’;
(ii) by redesignating clauses (ii) and (iii) as sub-
clauses (II) and (III);
(iii) in subclause (III) (as so redesignated), by
striking the period and inserting ‘‘; or’’; and
(iv) by adding at the end the following:
‘‘(ii) who satisfies the requirements of subparagraph
(A) and lives in a community setting, including their own
home.’’; and
(2) by adding at the end the following:
‘‘(8) The term ‘American Indian consortium’ means a
consortium established under part C of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042
et seq.).’’.
(c) USE OF ALLOTMENTS.—Section 104 of the Protection and
Advocacy for Individuals with Mental Illness Act (as amended by
subsection (a)) (42 U.S.C. 10804) is amended by adding at the
end the following:
‘‘(d) The definition of ‘individual with a mental illness’ contained
in section 102(4)(B)(iii) shall apply, and thus an eligible system
may use its allotment under this title to provide representation
to such individuals, only if the total allotment under this title
for any fiscal year is $30,000,000 or more, and in such case, an
eligible system must give priority to representing persons with
mental illness as defined in subparagraphs (A) and (B)(i) of section
102(4).’’.
(d) MINIMUM AMOUNT.—Paragraph (2) of section 112(a) of the
Protection and Advocacy for Individuals with Mental Illness Act
(as amended by subsection (a)) (42 U.S.C. 10822(a)(2)) is amended
to read as follows:
‘‘(2)(A) The minimum amount of the allotment of an eligible
system shall be the product (rounded to the nearest $100)
of the appropriate base amount determined under subpara-
graph (B) and the factor specified in subparagraph (C).
‘‘(B) For purposes of subparagraph (A), the appropriate
base amount—
‘‘(i) for American Samoa, Guam, the Marshall Islands,
the Federated States of Micronesia, the Commonwealth
of the Northern Mariana Islands, the Republic of Palau,
and the Virgin Islands, is $139,300; and
‘‘(ii) for any other State, is $260,000.
‘‘(C) The factor specified in this subparagraph is the ratio
of the amount appropriated under section 117 for the fiscal
year for which the allotment is being made to the amount
appropriated under such section for fiscal year 1995.
H. R. 4365—95
‘‘(D) If the total amount appropriated for a fiscal year
is at least $25,000,000, the Secretary shall make an allotment
in accordance with subparagraph (A) to the eligible system
serving the American Indian consortium.’’.
(e) TECHNICAL AMENDMENTS.—Section 112(a) of the Protection
and Advocacy for Individuals with Mental Illness Act (as amended
by subsection (a)) (42 U.S.C. 10822(a)) is amended—
(1) in paragraph (1)(B), by striking ‘‘Trust Territory of
the Pacific Islands’’ and inserting ‘‘Marshall Islands, the Fed-
erated States of Micronesia, the Republic of Palau’’; and
(2) by striking paragraph (3).
(f ) REAUTHORIZATION.—Section 117 of the Protection and
Advocacy for Individuals with Mental Illness Act (as amended by
subsection (a)) (42 U.S.C. 10827) is amended by striking ‘‘1995’’
and inserting ‘‘2003’’.
SEC. 3207. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS
OF CERTAIN FACILITIES.
Title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.) is amended by adding at the end the following:
‘‘PART H—REQUIREMENT RELATING TO THE
RIGHTS OF RESIDENTS OF CERTAIN FACILI-
TIES
‘‘SEC. 591. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS
OF CERTAIN FACILITIES.
‘‘(a) IN GENERAL.—A public or private general hospital, nursing
facility, intermediate care facility, or other health care facility,
that receives support in any form from any program supported
in whole or in part with funds appropriated to any Federal depart-
ment or agency shall protect and promote the rights of each resident
of the facility, including the right to be free from physical or
mental abuse, corporal punishment, and any restraints or involun-
tary seclusions imposed for purposes of discipline or convenience.
‘‘(b) REQUIREMENTS.—Restraints and seclusion may only be
imposed on a resident of a facility described in subsection (a)
if—
‘‘(1) the restraints or seclusion are imposed to ensure the
physical safety of the resident, a staff member, or others; and
‘‘(2) the restraints or seclusion are imposed only upon the
written order of a physician, or other licensed practitioner
permitted by the State and the facility to order such restraint
or seclusion, that specifies the duration and circumstances
under which the restraints are to be used (except in emergency
circumstances specified by the Secretary until such an order
could reasonably be obtained).
‘‘(c) CURRENT LAW.—This part shall not be construed 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) RESTRAINTS.—The term ‘restraints’ means—
‘‘(A) any physical restraint that is a mechanical or
personal restriction that immobilizes or reduces the ability
of an individual to move his or her arms, legs, or head