Drug Abuse Treatment Waiting Period Reduction Amendments of 1990
PL 101-374 (S.2461), enacted 08/15/1990

104 STAT. 456 
PUBLIC LAW 101-374—AUG. 15, 1990 
Public Law 101-374 
101st Congress 
An Act 
Aug. 15, 1990 
[S. 2461] 
Drug Abuse 
Treatment 
Waiting Period 
Reduction 
Amendments of 
1990. 
42 u s e 201 note. 
Women. 
Appropriation 
authorization. 
To amend the Public Health Service Act to revise and extend the program of grants 
for reducing the waiting period for receiving treatment services for drug abuse, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Drug Abuse Treatment Waiting 
Period Reduction Amendments of 1990 . 
SEC. 
2. REVISION AND EXTENSION OF PROGRAM FOR REDUCING WAIT-
ING PERIOD FOR DRUG ABUSE TREATMENT. 
(a) TECHNICAL AMENDMENT REGARDING WAITING PERIOD.—Section 
509E(a) of the Public Health Service Act (42 U.S.C. 290aa-12(a)) is 
amended by striking "the waiting list" and all that follows and 
inserting the following: "the waiting period for receiving, with 
respect to drug abuse, treatment services from public and nonprofit 
private providers of such services,". 
(b) PRIORITIES IN MAKING GRANTS; AUTHORITY FOR POSTTREATMENT 
SERVICES.—Section 509E of the Public Health Service Act (42 U.S.C. 
290aa-12) is amended— 
(1) by striking subsection (d); 
(2) by redesignating subsections (c), (e), and (f) as subsections 
(e), (f), and (g), respectively; and 
(3) by inserting after subsection (b) the following new subsec-
tions: 
"(c) Subject to the availability of qualified applicants, the Sec-
retary shall, in making grant under subsection (a), give priority to 
applicants that will provide, directly or through arrangements with 
public or nonprofit private entities, treatment services for drug 
abuse to pregnant or postpartum women. 
"(d) A grantee under subsection (a) may expend not more than 50 
percent of the grant to develop and provide, directly or through 
arrangements with public or nonprofit private entities, follow-up 
services to prevent the renewed abuse of drugs by individuals who 
have successfully completed, with respect to such abuse, a program 
of treatment provided by the grantee. . 
(c) FUNDING.— 
(1) INCREASE IN AUTHORIZATION OF APPROPRIATIONS.—Para-
graph (1) of section 509E(g) of the Public Health Service Act, as 
redesignated by subsection (b)(2) of this section, is amended to 
read as follows: 
"(1) In addition to amounts otherwise appropriated to carry out 
this section prior to fiscal year 1991, there are authorized to be 
appropriated an additional $40,000,000 to carry out this section.". 
(2) INCREASE REGARDING UMITATION ON AGGREGATE AMOUNT 
OF GRANTS.—Paragraph (3) of section 509E(g) of the Public 
Health Service Act, as redesignated by subsection (b)(2) of this 
PUBLIC LAW 101-374—AUG. 15, 1990 
104 STAT. 457 
section, is amended by striking "$100,000,000" and inserting 
"$140,000,000". 
(3) AVAILABILITY OF CERTAIN FUNDS.—Notwithstanding section 
307 of Public Law 101-164, amounts appropriated in such Public 
Law for the purpose of carrying out section 509E of the Public 
Health Service Act shall remain available for obligation for 
such purpose through December 31,1990. 
(d) REPORT.—Not later than 6 months after the date of the enact-
ment of this Act, the Administrator of the Alcohol, Drug Abuse, and 
Mental Health Administration shall prepare and submit to the 
Senate Committee on Labor and Human Resources, and the House 
Committee on Energy and Commerce, a report concerning the wait-
ing-period-reduction grant program under section 509E of the Public 
Health Service Act. Such report shall include— 
(1) a list and description of the programs that have been 
awarded grants under such section; 
(2) with respect to the process by which funds awarded under 
such section are expended for treatment services for drug abuse, 
a description of the extent to which such process is different 
than the process by which funds received by the States under 
subpart B of title XJX of such Act are expended by entities to 
which the States have awarded such funds for the purpose of 
providing treatment services (including a description of the 
extent to which there are differences in the 2 processes in the 
manner in which the providers of such treatment services 
obligate and draw down funds); 
(3) an assessment of the validity of waiting lists as a measure 
of treatment need and, if the report concludes that waiting lists 
are not the most accurate measure of treatment need, a descrip-
tion of other, more accurate means of measuring the need for 
treatment services within a specified geographic area; 
(4) the views of State, local, and nongovernmental treatment 
experts with respect to the validity of waiting lists £is a measure 
of treatment need and with respect to the efficacy of the waiting 
period reduction grant program; and 
(5) an assessment of the effectiveness of the treatment pro-
grams that receive funding under such section, including the 
usefulness of mechanisms, such as drug testing, that detect 
renewed substance abuse, and information with respect to the 
current use of such mechanisms. 
(e) EFFECTIVE DATE.—This section and the amendments made by 
this section shall take effect upon the date of the enactment of this 
Act. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN DRUG 
ABUSE DEMONSTRATION PROJECTS. 
(a) IN GENERAL.—Section 517 of the Public Health Service Act (42 
U.S.C. 290CC-1) is amended by striking "There are" and all that 
follows through "section 515" and inserting the following: "For the 
purpose of carrjdng out this subpart, there are authorized to be 
appropriated". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect October 1, 1990, or upon the date of the enactment 
of this Act, whichever occurs later. 
42 use 290aa-12 
note. 
42 use 290CC-2. 
42 use 290CC-2 
note. 
104 STAT. 458 
PUBLIC LAW 101-374—AUG. 15, 1990 
SEC. 4. TECHNICAL AMENDMENTS TO CERTAIN PROGRAMS. 
(a) FORM OF ASSISTANCE FOR CONSTRUCTION OF FACILITIES TO 
SUPPLY SPECIAUZED MICE FOR BIOMEDICAL RESEARCH.—Public Law 
101-190 (42 U.S.C. 289e note) is amended— 
(1) in section 1— 
(A) in the heading for the section, by striking "CON-
TRACT" and inserting "GRANT"; 
(B) in subsection (a), by striking "entering into a contract 
- 
with" and inserting "making a grant to"; and 
(C) in subsection OJ), by striking "contract" and inserting 
"grant"; 
(2) in section 2— 
(A) in subsection (a), in the matter preceding paragraph 
(1), by striking "enter into a contract" and inserting "make 
a grant"; 
(B) in subsection (aXD, by striking "contract" and insert-
ing "grant"; 
(C) in subsection O^XD, in the matter preceding subpara-
graph (A), by striking "contractor" and inserting "grantee"; 
(D) in subsection ObXD, in subparagraphs (A) and (B), by 
striking "a contract" each place such term appears and 
inserting "an agreement"; 
(E) in subsection (bX2), by striking "contractor" and 
inserting "grantee"; 
(F) in subsection (dXl), in the heading, by striking "con-
tractor" and inserting "grantee"; and 
(G) in subsection (dXD— 
(i) by striking "enter into a contract" and inserting 
"make a grant"; and 
(ii) by striking "the contract" and inserting "the 
grant"; 
(3) in section 3(a)— 
(A) by striking "enter into a contract" and inserting 
"make a grant"; and 
(B) by striking "the contract" and inserting "the grant"; 
(4) in section 4— 
(A) in subsection (aXl), in the first sentence— 
(i) by striking "enter into a contract" and inserting 
"make a grant"; and 
(ii) by striking "the contract" and inserting "the 
grant"; 
(B) in subsection (aX2XA), in the second sentence, by 
striking "in the contract"; 
(C) in subsection (bX in the matter preceding paragraph 
(1), by striking "enter into a contract" and inserting "make 
a grant"; 
(D) in subsection (bXl), by striking "contract" and insert-
ing "grant"; 
(E) in subsection (c), in the matter preceding paragraph 
(1), by striking "enter into a contract" and inserting "make 
a grant"; £Uid 
(F) in subsection (cXD, by striking "contract" and insert-
ing "grant"; 
(5) in section 5— 
PUBLIC LAW 101-374—AUG. 15, 1990 
104 STAT. 459 
(A) in subsection (a), in paragraphs (1) and (2), by striking 
"contractor" each place such term appears and inserting 
"grantee"; 
(B) in subsection (b), in paragraphs (1) through (3), by 
striking "contractor" each place such term appears and 
inserting "grantee"; and 
(C) in subsection (c), by striking "contractor" and insert-
ing "grantee"; and 
(6) in section 6(a), in the matter preceding paragraph (1), by 
striking "contractor" and inserting "grantee". 
(b) INTRASTATE ALLOCATIONS FOR SUBSTANCE ABUSE PROGRAMS 
UNDER CERTAIN BLOCK GRANTS TO THE STATES.—Section 1916(cX6)(A) 
of the Public Health Service Act is amended— 
42 USC 300x-4. 
(1) in clause (i)— 
(A) by striking "and" before "(III) in fiscal year 1989"; 
and 
(B) by inserting before the period the following: ", and 
(IV) in fiscal year 1990 under appropriations made in Public 
Law 101-164 for allotments under this subpart"; and 
(2) in clause (ii)— 
(A) by striking "and" before "(III) in fiscal year 1989"; 
and 
(B) by inserting before "bore to the funds" the following: 
", and (IV) in fiscal year 1990 under appropriations made in 
Public Law 101-164 for allotments under this subpart". 
(c) EFFECTIVE DATES FOR TECHNICAL AMENDMENTS.— 
(1) CONSTRUCTION OF BIOMEDICAL FACILITIES.—The amend- 
42 use 289e 
ments made by subsection (a) shall take effect as if included in ^°^^-
Public Law 101-190. 
(2) INTRASTATE ALLOCATIONS FOR BLOCK GRANTS.—The amend- 
42 use 300x-4 
ments made by subsection (b) shall take effect October 1, 1990, 
"°**-
or upon the date of the enactment of this Act, whichever occurs 
later. 
Approved August 15, 1990, 
LEGISLATIVE HISTORY—S. 2461: 
SENATE REPORTS: No. 101-336 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
June 28, considered and passed Senate. 
June 30, considered and passed House, amended. 
Aug. 4, Senate concurred in House amendment.