I
105TH CONGRESS
2D SESSION
H. R. 3639
To establish the Drug Abuse Prevention and Treatment Administration, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 1, 1998
Mr. BARTON of Texas (for himself, Mrs. MYRICK, and Mr. CALVERT) intro-
duced the following bill; which was referred to the Committee on Com-
merce, and in addition to the Committees on Education and the Work-
force, and Banking and Financial Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To establish the Drug Abuse Prevention and Treatment
Administration, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Drug Abuse Preven-
tion and Treatment Consolidation and Reorganization Act
of 1998’’.
TITLE I—DRUG ABUSE PREVEN-
TION AND TREATMENT AD-
MINISTRATION
SEC. 101. ESTABLISHMENT OF ADMINISTRATION.
(a) IN GENERAL.—There is established within the
Department of Health and Human Services an independ-
ent agency to be known as the Drug Abuse Prevention
and Treatment Administration.
(b) APPOINTMENT
OF ADMINISTRATOR.—The Ad-
ministration shall be headed by an official to be known
as the Administrator, who shall be appointed by the Presi-
dent by and with the advice and consent of the Senate.
The Administrator shall be appointed from among individ-
uals with extensive experience, expertise, and academic
qualifications in the prevention and treatment of sub-
stance abuse. The Secretary of Health and Human Serv-
ices shall carry out the programs and functions of the Ad-
ministration acting through the Administrator.
(c) DEPUTY; OTHER OFFICERS AND EMPLOYEES.—
(1) DEPUTY
ADMINISTRATOR.—The Adminis-
trator may, with the approval of the Secretary, ap-
point a deputy administrator for the Administration.
(2) ASSOCIATE ADMINISTRATORS.—
(A) The Secretary shall appoint an official
to be known as the Associate Administrator for
Substance Abuse Prevention, who shall be ap-
pointed from among individuals with extensive
experience, expertise, and academic qualifica-
tions in the prevention of substance abuse.
(B) The Secretary shall appoint an official
to be known as the Associate Administrator for
Substance Abuse Treatment, who shall be ap-
pointed from among individuals with extensive
experience, expertise, and academic qualifica-
tions in the treatment of substance abuse.
(3) OTHER OFFICERS AND EMPLOYEES.—The
Administrator may appoint and fix the compensation
of such officers and employees as may be necessary
to carry out the programs and functions of the Ad-
ministration.
(d) DEFINITIONS.—For purposes of this Act:
(1) The term ‘‘Administration’’ means the Drug
Abuse Prevention and Treatment Administration.
(2) The term ‘‘Administrator’’ means the head
of the Administration.
TITLE II—PROGRAMS AND FUNC-
TIONS OF ADMINISTRATION
Subtitle A—Transfers From Sub-
stance Abuse and Mental Health
Services Administration; Trans-
fers From Other Agencies
SEC. 
201. 
TRANSFERS 
REGARDING 
PREVENTION 
AND
TREATMENT OF SUBSTANCE ABUSE.
There are transferred to the Administration the fol-
lowing programs and functions:
(1) All programs that, on the day before the
date of the enactment of this Act, were administered
by the Center for Substance Abuse Prevention (es-
tablished in section 515 of the Public Health Service
Act); and all functions that, on such day, were vest-
ed in the Director of such Center.
(2) All programs contained in sections 507
through 513 of the Public Health Service Act that,
on the day before the date of the enactment of this
Act, were administered by the Center for Substance
Abuse Treatment (established in section 507 of the
Public Health Service Act); and all functions that,
on such day, were vested in the Director of such
Center.
(3) All responsibilities for the collection of data
under section 505 of the Public Health Service Act,
other than responsibilities relating to mental health.
(4) The program under subpart II of part B of
title XIX of the Public Health Service Act (relating
to block grants for the prevention and treatment of
substance abuse).
(5) Any other programs or functions under the
Public Health Service Act that relate to the preven-
tion or treatment of substance abuse and that, on
the day before the date of the enactment of this Act,
were administered by the Substance Abuse and Men-
tal Health Services Administration.
(6) All programs under the Safe and Drug-Free
Schools and Communities Act of 1994 (administered
by the Department of Education).
(7) With respect to subtitle B of title III of the
Anti-Drug Abuse Act of 1988—
(A) the program under chapter 1 of such
subtitle (relating to drug abuse and youth
gangs; and administered by the Administration
for Children and Families, Department of
Health and Human Services); and
(B) the program under chapter 2 of such
subtitle (relating to runaway and homeless
youth; and administered by the Administration
for Children and Families, Department of
Health and Human Services).
(8) Programs under the Public and Assisted
Housing Drug Elimination Act of 1990 (adminis-
tered by the Office of Public and Indian Housing,
Department of Housing and Urban Development).
(9) Programs under the Drug-Free Public
Housing Act of 1988 (administered by the Office of
Public and Indian Housing, Department of Housing
and Urban Development).
Subtitle B—Additional Provisions
Regarding 
Prevention 
and
Treatment of Substance Abuse
SEC. 211. NATIONAL SUBSTANCE ABUSE PREVENTION PRO-
GRAM.
(a) IN GENERAL.—In addition to the programs and
functions carried out pursuant to section 201, the Admin-
istrator shall establish a program to coordinate the activi-
ties of public and nonprofit private entities in order to pro-
vide for an effective nationwide network for the prevention
of substance abuse.
(b) GRANTS REGARDING COMMUNITY PLANS.—
(1) IN GENERAL.—In carrying out subsection
(a), the Administrator may make grants to public
and nonprofit private entities for the purpose of as-
sisting communities in developing and implementing
plans to coordinate the provision in the communities
of services for the prevention of substance abuse.
(2) COLLABORATION
WITH
COMMUNITY
MEM-
BERS.—A grant under paragraph (1) may be made
only if the applicant for the grant agrees that, in de-
veloping and implementing the plan involved, the ap-
plicant will collaborate with the elementary and sec-
ondary schools of the community, with parents in
the community, with law-enforcement agencies, and
with other interested community organizations and
members of the community.
(3) EVALUATIONS.—The Administrator shall
provide for evaluations of activities carried out with
grants under paragraph (1), which shall include the
measurement of impact according to scientifically re-
liable common data indicators and evaluation proto-
cols.
SEC. 212. COORDINATION WITH OFFICE OF NATIONAL
DRUG CONTROL POLICY.
(a) IN GENERAL.—The Administrator shall collabo-
rate with the Director of the Office of National Drug Con-
trol Policy in order to coordinate the activities of the Ad-
ministration with the activities of such Office (including
activities carried out by such Director acting through the
Deputy Director, Office of Demand Reduction).
(b) RULE OF CONSTRUCTION.—This Act may not be
construed as affecting any of the authorities of the Office
of National Drug Control Policy.
Subtitle C—Funding
SEC. 221. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out the programs and
functions of the Administration, there are authorized to
be appropriated such sums as may be necessary for each
of the fiscal years 1998 through 2004.
TITLE III—ADVISORY COUNCIL;
PEER REVIEW
SEC. 301. ADVISORY COUNCIL.
(a) IN GENERAL.—
(1) ESTABLISHMENT; GENERAL DUTIES.—The
Secretary shall establish an advisory council to ad-
vise, consult with, and make recommendations to the
Secretary and the Administrator regarding programs
for the prevention and treatment of substance abuse
(referred to in this section as the ‘‘Council’’).
(2) CERTAIN
ACTIVITIES.—In carrying out
paragraph (1)—
(A) the Council shall, pursuant to section
302(d)(2), review applications submitted for
grants and cooperative agreements and rec-
ommend for approval applications for projects
that show promise of making valuable contribu-
tions to the mission of the Administration;
(B) the Council may collect, by correspond-
ence or by personal investigation, information
as to studies and services that are being carried
on in the United States or any other country
with respect to substance abuse; and with the
approval of the Administrator, make such infor-
mation available through appropriate publica-
tions for the benefit of public and private health
entities and health professions personnel and
for the information of the general public; and
(C) the Council may appoint subcommit-
tees and convene workshops and conferences.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Council shall consist of
nonvoting ex officio members and not more than 12
voting members appointed in accordance with para-
graph (3).
(2) EX
OFFICIO
MEMBERS.—The ex officio
members of the Council are as follows:
(A) The Secretary.
(B) The Administrator.
(C) The Under Secretary for Health of the
Department of Veterans Affairs.
(D) The Assistant Secretary for Defense,
Health Affairs.
(E) The Director of the Office of National
Drug Control Policy.
(F) Such other officers or employees of the
Federal Government as the Secretary deter-
mines to be appropriate.
(3) APPOINTED
MEMBERS.—Individuals shall
be appointed to the Council under paragraph (1) as
follows:
(A) Twelve of the members shall be ap-
pointed by the Secretary from among the lead-
ing representatives of the health disciplines (in-
cluding public health and behavioral and social
sciences) relevant to the prevention and treat-
ment of substance abuse. In appointing such
members, the Secretary shall ensure that each
of such disciplines is represented by not fewer
than 4 members.
(B) Three of the members shall be ap-
pointed by the Secretary from the general pub-
lic and shall include leaders in fields of public
policy, public relations, law, health policy eco-
nomics, or management.
(4) COMPENSATION.—Members of the Council
who are officers or employees of the United States
shall not receive any compensation for service on the
Council. The remaining members of the Council
shall receive, for each day (including travel time)
they are engaged in the performance of the functions
of the Council, compensation at rates not to exceed
the daily equivalent of the maximum rate of basic
pay payable under the General Schedule (under title
5, United States Code) for positions above GS–15.
(c) TERMS OF OFFICE.—
(1) IN GENERAL.—The term of a member of
the Council appointed under subsection (b) is 4
years, except that any member appointed to fill a va-
cancy for an unexpired term shall serve for the re-
mainder of such term, and except that the initial ap-
pointments shall be made for such terms as will en-
sure that the memberships of individuals on the
Council do not all expire in the same year. A mem-
ber of the Council may serve after the expiration of
such member’s term until a successor has been ap-
pointed and taken office.
(2) REAPPOINTMENTS.—A member who has
been appointed to the Council for a term of 4 years
may not be reappointed to the Council during the 2-
year period beginning on the date on which the 4-
year term expired.
(3) TIME FOR APPOINTMENT.—If a vacancy oc-
curs in the membership of the Council appointed
under subsection (b), the Secretary shall make an
appointment to fill such vacancy during the 90-day
period beginning on the date on which the vacancy
occurs.
(d) CHAIR.—The Secretary shall designate a member
of the Council to serve as the Chair of the Council. The
individual so designated shall be a member appointed
under subsection (b), or shall be the Administrator. The
term of the Chair is 2 years.
(e) MEETINGS.—The Council shall meet at the call
of the Chair or upon the request of the Administrator,
except that the Council shall meet not less than three
times during each fiscal year. The location of the meetings
of the Council shall be subject to the approval of the Ad-
ministrator.
(f) EXECUTIVE SECRETARY AND STAFF.—The Ad-
ministrator shall designate a member of the staff of the
Administration to serve as the executive secretary of the
Council. The Administrator shall make available to the
Council such staff, information, and other assistance as
it may require to carry out its functions.
SEC. 302. PEER REVIEW.
(a) IN GENERAL.—The Secretary, after consultation
with the Administrator, shall by regulation require appro-
priate peer review of grants or cooperative agreements to
be administered through the Administration.
(b) MEMBERS.—The members of a peer review group
established pursuant to 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 25 percent of the members of such a group
may be officers or employees of the United States.
(c) REQUIREMENTS.—Regulations promulgated pur-
suant to subsection (a)—
(1) shall require that the reviewing entity be
provided a written description of the matter to be re-
viewed;
(2) shall require that the reviewing entity pro-
vide the Council with such description and the re-
sults of the review by the entity; and
(3) may specify the conditions under which lim-
ited exceptions may be granted to the limitations
contained in the last sentences of subsection (b) and
subsection (d).
(d) RECOMMENDATIONS.—
(1) IN GENERAL.—If the direct cost of a grant
or cooperative agreement to be administered through
the Administration does not exceed $50,000, the
Secretary may make such grant or cooperative
agreement only if such grant or cooperative agree-
ment is recommended after peer review required by
regulations under subsection (a).
(2) ROLE OF ADVISORY COUNCIL.—If the direct
cost of a grant or cooperative agreement to be ad-
ministered through the Administration exceeds
$50,000, the Secretary may make such grant or co-
operative agreement only if such grant or coopera-
tive agreement is recommended—
(A) after peer review required by regula-
tions under subsection (a); and
(B) by the council under section 301.
TITLE IV—MISCELLANEOUS
AUTHORITIES
SEC. 401. MISCELLANEOUS AUTHORITIES.
(a) FACILITIES.—The Secretary, in carrying out this
Act—
(1) may acquire, without regard to the Act of
March 3, 1877 (40 U.S.C. 34), by lease or otherwise
through the Administrator of General Services,
buildings or portions of buildings in the District of
Columbia or communities located adjacent to the
District of Columbia for use for a period not to ex-
ceed 10 years; and
(2) may acquire, construct, improve, repair, op-
erate, and maintain laboratory, research, and other
necessary facilities and equipment, and such other
real or personal property (including patents) as the
Secretary deems necessary.
(b) UTILIZATION OF CERTAIN PERSONNEL AND RE-
SOURCES.—
(1) DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES.—The Administrator, in carrying out this
Act, may utilize personnel and equipment, facilities,
and other physical resources of the Department of
Health and Human Services, permit appropriate (as
determined by the Secretary) entities and individuals
to utilize the physical resources of such Department,
and provide technical assistance and advice.
(2) OTHER AGENCIES.—The Administrator, in
carrying out this Act, may use, with their consent,
the services, equipment, personnel, information, and
facilities of other Federal, State, or local public
agencies, or of any foreign government, with or with-
out reimbursement of such agencies.
(c) CONSULTANTS.—The Secretary, in carrying out
this Act, may secure, from time to time and for such peri-
ods as the Administrator deems advisable but in accord-
ance with section 3109 of title 5, United States Code, the
assistance and advice of consultants from the United
States or abroad.
(d) EXPERTS.—
(1) IN GENERAL.—The Secretary may, in car-
rying out this Act, obtain the services of not more
than 15 experts or consultants who have appropriate
scientific or professional qualifications.
(2) CERTAIN EXPENSES.—
(A) Experts and consultants whose services
are obtained under paragraph (1) shall be paid
or reimbursed for their expenses associated with
traveling to and from their assignment location
in accordance with sections 5724, 5724a(a)(1),
5724a(a)(3), and 5726(c) of title 5, United
States Code.
(B) Expenses specified in subparagraph
(A) may not be allowed in connection with the
assignment of an expert or consultant whose
services are obtained under paragraph (1) un-
less and until the expert agrees in writing to
complete the entire period of assignment, or one
year, whichever is shorter, unless separated or
reassigned for reasons that are beyond the con-
trol of the expert or consultant and that are ac-
ceptable to the Secretary. If the expert or con-
sultant violates the agreement, the money spent
by the United States for the expenses specified
in subparagraph (A) is recoverable from the ex-
pert or consultant as a debt of the United
States. The Secretary may waive in whole or in
part a right of recovery under this subpara-
graph.
(e) VOLUNTARY AND UNCOMPENSATED SERVICES.—
The Administrator, in carrying out this Act, may accept
voluntary and uncompensated services.
TITLE V—DISPOSITION OF RE-
MAINING 
PROGRAMS 
AND
FUNCTIONS OF SUBSTANCE
ABUSE AND MENTAL HEALTH
SERVICES ADMINISTRATION
SEC. 501. REMAINING DISPOSITIONS.
(a) MENTAL HEALTH SERVICES.—All programs and
functions of the Substance Abuse and Mental Health Serv-
ices Administration that are not transferred under section
201 are transferred to the Health Resources and Services
Administration of the Department of Health and Human
Services.
(b) TERMINATION.—Effective immediately after the
transfers made in subsection (a) and in sections 201, 601,
and 602, the Substance Abuse and Mental Health Services
Administration is terminated.
TITLE VI—GENERAL
PROVISIONS
SEC. 601. TRANSITIONAL AND SAVINGS PROVISIONS RE-
GARDING PREVENTION AND TREATMENT OF
SUBSTANCE ABUSE.
(a) PERSONNEL.—Personnel employed in connection
with the programs and functions specified in section 201
on the day before the date of the enactment of this Act
are transferred to the Administration.
(b) FUNDS.—Amounts available for the programs
and functions specified in section 201 on the day before
the date of the enactment of this Act are transferred to
the Administration. Such transfer does not affect the pe-
riod of availability of the amounts, or the availability of
the amounts with respect to the purposes for which the
amounts may be expended.
(c) OTHER TRANSFERS.—In the case of legal rights
and duties not transferred in subsection (a) or (b), all such
rights and duties in effect with respect to the programs
and functions specified in section 201 on the day before
the date of the enactment of this Act are transferred to
the Administration (except to the extent that such rights
or duties were vested in a different department than the
department that was administering the program on such
day).
(d) SAVINGS PROVISION.—All legal rights and duties
transferred under this section continue in effect in accord-
ance with their terms.
SEC. 602. TRANSITIONAL AND SAVINGS PROVISIONS RE-
GARDING MENTAL HEALTH SERVICES.
Section 601 applies with respect to programs and
functions specified in section 501(a) to the same extent
and in the same manner as section 601 applies with re-
spect to programs and functions specified in section 201,
except that all transfers pursuant to this section are made
to the Health Resources and Services Administration.
SEC. 603. CONFORMING AMENDMENTS.
The Public Health Service Act (42 U.S.C. 201 et
seq.) is amended—
(1) in section 501(a)—
(A) by striking ‘‘(a) ESTABLISHMENT.—
The’’ and inserting the following:
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The’’; and
(B) by adding at the end the following
paragraph:
‘‘(2) TRANSFER OF CERTAIN PROGRAMS AND
FUNCTIONS.—This title is subject to the provisions
of the Drug Abuse Prevention and Treatment Con-
solidation and Reorganization Act of 1998.’’;
(2) in section 1911(a), by striking ‘‘, acting
through the Director of the Center for Mental
Health Services,’’;
(3) in section 1921(a), by striking ‘‘, acting
through the Center for Substance Abuse Treat-
ment,’’; and
(4) in section 1932—
(A) in subsection (b), by striking para-
graph (3); and
(B) in subsection (d)(1), by striking ‘‘the
Secretary, acting through’’ and all that follows
through ‘‘shall’’ and inserting ‘‘the Secretary
shall’’.
SEC. 604. EFFECTIVE DATE.
This Act takes effect upon the expiration of the 45-
day period beginning on the date of the enactment of this
Act.
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