DRUG BILL AS PASSED BY CONGRESS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001500110006-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 118
• Document Creation Date: January 4, 2017
• Document Release Date: August 24, 2012
• Sequence Number: 6
• Publication Date: November 2, 1988
• Content Type: MEMO

Cri
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01 r.
2 November 1988
OCA 3641-88
MEMORANDUM FOR: (SEE DISTRIBUTION)
FROM:
Legislation Division STAT
Office of Congressional Affairs
SUBJECT: Drug Bill As Passed by Congress
1. Attached is H.R. 5210 (the "Anti-Drug Abuse Act of
1988"), the omnibus, anti-drug bill as passed by the Congress
on 21 October 1988 and printed in the Congressional Record of
that date (pp. H11108 - 11227). Provisions of interest are as
follows.
"Drug Czar" - Title I
2. Title I of the bill (Sections 1001-1012) creates the
position of "Director of National Drug Control Policy" (D/NDCP),
commonly referred to as the "drug czar."
3. Cabinet Rank and NSC Advisor. Section 1002 provides
that the D/NDCP shall have a "supply reduction deputy" and a
"demand reduction deputy" and a "state and local affairs"
deputy. All four are to be appointed by the President and
confirmed by the Senate. The next President will appoint the
first D/NDCP and his deputies. The D/NDCP enjoys Cabinet rank
and, while not a member of the National Security Council, may
attend NSC meetings at the President's direction in his
capacity as principal advisor on national drug control policy.
4. The Office of National Drug Control Policy (ONDCP) is
to be located in the Executive Office of the President.
Section 1002(d) provides that location of the ONDCP in the
Executive Office shall in no ?way reduce Congressional access to
information in the ONDCP's possession.
5. D/NDCP Is A "Weak Czar." The D/NDCP is much closer to
the "weak czar" model of prior legislation rather than the
"strong czar" model. In fact, he is even "weaker" than some of
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the earlier "weak" czar models. His principal duties are to
promulgate annually the "National Drug Control Strategy" and to
coordinate and oversee the efforts thereunder by "National Drug
Control Program (NDCP) agencies" (Sections 1003(b), 1005). In
the Strategy, the D/NDCP assigns NDCP agencies annual
responsibilities in the anti-drug effort. They, in turn, submit
to him annually a budget request to meet those responsibilities.
He uses those requests to prepare the annual National Drug
Control Program budget and transmit it to the President and the
Congress.
6. In contrast to the "strong czar" of prior bills,
however, the D/NDCP cannot modify an NDCP agency's budget but
can only make a "certification" as to whether it is adequate to
meet an agency's responsibilities under the Strategy
(Section 1003(c)). Similarly, the D/NDCP cannot reallocate
NDCP agency personnel or modify their policies or budgets. He
can only make recommendations to the President on these
subjects (Section 1003(b)(4)). He may obtain personnel from
other federal agencies only with the agency head's concurrence
but, once assigned, may write their performance evaluation and
make performance awards to them. (Section 1003(d),(e)).
7. D/NDCP Controls Only "NDCP Agencies." Even these
limited powers cannot be exercised by the D/NDCP over all
federal agencies but only over NDCP agencies. Not all federal
agencies are NDCP agencies: only those so designated by the
President or jointly by the D/NDCP and the agency head
(Section 1010(6)). Thus, in contrast to prior legislation in
this area, neither the Central Intelligence Agency or other
entities in the Intelligence Community come automatically under
the czar. They will become NDCP agencies and thus directly
subject to the czar only if the President so directs or the
"drug czar" and the Director of Central Intelligence agree.
One response to concerns about an intrusive future D/NDCP might
be to designate only parts of the Agency or the Intelligence
Community as NDCP agencies. It is not clear from the
legislation, however, whether a portion of an agency or
selected agency functions could be designated.
8. DCI Programmatic/Fiscal/Budgetary Protections Vis A Vis
D/ONDC. In addition to all of the above general limitations on
the D/NDCP, Section 1004(a)(2) of the bill specifically limits
his activities with respect to the Director of Central
Intelligence (DCI) and the Intelligence Community.
Section 1004(a)(2) provides that the D/NDCP shall exercise his
powers and duties "consistent with" the National Security Act
of 1947. This provision is intended to preserve the DCI's
programmatic and budgetary autonomy that flows from the 1947
Act. Moreover, although Section 1004 (a) (2) does not
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specifically mention Executive Order 12333 and the DCI's
authorities thereunder, an argument can be made that those
powers and duties are also encompassed by the "consistent with"
caveat of Section 1004(a)(2) since the Executive Order is
promulgated in part under authority of the 1947 Act.
9. DCI Information Protection Authorities Vis A Vis D/NDCP.
Section 1002(a) also provides that the DCI shall prescribe such
regulations as may be necessary to protect intelligence
information. This is intended to provide a mechanism by which
the DCI can protect intelligence information furnished to the
D/NDCP. It is in addition to the more general limitation on
the D/NDCP's information-acquisition powers contained in
Section 1002(a)(1). That section provides those powers are
"subject to laws governing disclosure of information." This
limitation would include the laws governing the disclosure of
intelligence information.
10. Taken together, these provisions appear to give the
DCI and the Intelligence Community a great deal of flexibility
in dealing with the D/NDCP when he is finally selected. In
practice, much will obviously depend on who is selected for
D/NDCP, how the office is constituted and how much Presidential
support the D/NDCP enjoys. We understand there is discussion
of promulgating an Executive Order as a D/NDCP "charter." The
relationship between the D/NDCP and the Intelligence Community
would likely be set out in such a document. A final decision
on the matter, however, would not likely be made by this
Administration.
11. Abolition of Existing Federal Anti-Drug Structures.
Section 1007 of the Act provides that thirty days after the
first D/NDCP is confirmed by the Senate, the Drug Policy Board
and the White House Office of Drug Abuse Policy are terminated
(with the Board's records going to the D/NDCP) and the National
Narcotics Act of 1984 is repealed.
12. Sunset Provision. Section 1009 provides that five
years after the date of enactment, Title I is repealed. In
effect, this means the entire D/NDCP structure will go out of
existence in five years unless specifically reauthorized by the
Congress.
Foreign Relations - Title IV
13. Title IV deals generally with international narcotics
matters.
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A
14. Latin American Regional Anti-Narcotics Force.
Subtitle B of Title III contains provisions prodding the
Administration to establish a multi-lateral Latin American
anti-narcotics strike force.
15. Funding Restrictions On Individual Drug-Producing &
Drug-Transiting Countries. Subtitle D conditions certain
United States aid to selected drug producing and drug-
transiting countries and levies new Congressional reporting
requirements with respect to others. The countries involved
include: Boliva (Section 4302); Peru (Section 4303); Mexico
(Section 4304); Columbia (Section 4305), Pakistan (Section
4306); Afghanistan (Section 4308) and Laos (Section 4309).
None of these restrictions involve intelligence activities.
16. Reporting Requirements Tightened. Subtitle E tightens
the procedures for making various narcotics-related foreign
assistance certifications to the Congress.
17. Miscellaneous Provisions. Subtitle F contains
miscellaneous narcotics provisions.
18. Department of State Provisions. Subtitle G contains
various narcotics provisions related to activities of the
Department of State. Section 4601 makes the Secretary of State
responsible for "coordinating" all United States government
anti-narcotics foreign aid but excludes any intelligence
activities (This parallels a provision related to the
Department's role in anti-terrorism assistance). Section 4603
denies passports to certain convicted drug dealers. Section
4604 requires selected federal agencies to participate in a
program to develop machine-readable visas. Section 4605
requires the Department to step up its work in the drafting and
execution of anti-drug extradition and mutual legal assistance
treaties and model anti-drug laws for use by foreign
countries. Section 4607 is a sense-of-Congress statement. that
more Drug Enforcement Agency (DEA) agents ought to be assigned
overseas.
19. International Banking Matters. Subtitle H deals with
international banking matters and includes provisions prodding
the Secretary of State to negotiate a tougher money-laundering
treaty with major foreign banking nations.
20. Intelligence Community Anti-Narcotics Role.
Subtitle F is a sense of the Congress resolution that the
Intelligence Community should become more involved in efforts
to combat illicit international drug trafficking. This version
deleted a reference to the use of covert action to combat
narcotics trafficking that had been contained in the original
House-passed provision.
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"Drug-Free Workplace" - Title V
21. Subtitle D of Title V contains the so-called
"drug-free workplace" provisions, Section 5152 (contracts) and
Section 5153 (grants), that were discussed in previous
memoranda.
Title VI
22. Intelligence Community R&D Centers. The attached
version of the bill as printed in Congressional Record
mistakenly included two versions of the so-called Intelligence
Community R&D Centers provision ("Use of Existing Federal
Research and Development Facilities for Civilian Law
Enforcement"): Section 6163 and Section 7605. The latter
contains the language in subsection (d) stating that the
provision gives the General Accounting Office no more access to
Intelligence Community facilities than it otherwise would have.
We had worked with the intelligence committees to have this
language included in the bill. We understand that the final
version of the bill as transmitted to the President will
contain only the Section 7605 version of the provision.
21. Domestic Money-Laundering Provisions. Subtitle E of
Title VI contains various provisions that attempt to impede
money-laundering by imposing new reporting requirements on
financial institutions with respect to certain currency and
coin transactions. Section 6184 extends various provisions of
the Bank Secrecy Act to "bank-like" institutions.
22. Right to Financial Privacy Act Amendments.
Section 6186 of the bill amends the Right to Financial Privacy
Act to allow bank regulatory agencies to furnish to law
enforcement agencies for law enforcement/prosecutive purposes
records compiled in the course of regulatory activities that
indicate the commission of a federal crime.
23. Unauthorized Possession of Firearms in Federal
Facilities. Section 6215 contains a provision prohibiting the
unauthorized possession of firearms in federal facilities and
requiring the posting of appropriate notices at such facilities.
24. Miscellaneous Personnel Benefits For Justice
Personnel. Section 6281 authorizes the extension to personnel
of the Department of Justice stationed overseas the benefits
currently enjoyed by similarly situated members of the Foreign
Service as contained in selected provisions of Section 901 of
the Foreign Service Act of 1980. These benefits are currently
enjoyed to varying degrees by employees of Intelligence
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Community agencies. Section 6401 authorizes the payment of
bonuses of up to 25% of base pay to employees of the Federal
Bureau of Investigation and the Drug Enforcement Administration
who use a language other than English in the performance of
their duties.
25. Notice of "CIA Defense". Section 6483 of the bill
amends the Federal Criminal Rules of Procedure to require a
federal criminal defendant to give pretrial notice of an
intention to assert the affirmative "public authority" defense
that he acted on behalf of an intelligence agency, i.e., the
so-called "CIA defense". This provision is similar to one the
Intelligence Community sought to have presented to the Congress
several years ago.
26. Crimes Against Intelligence Community Employees/
Officials. Currently, the provisions of 18 U.S.C. 51114 make
it a crime to kill designated federal employees officials.
Among those so designated are officers and employees of
Intelligence Community agencies. Section 6487 of the bill
expands this protection by adding to the list of prohibited
acts attempts to resist, oppose, impede, intimidate or interfere
with such persons in the performance of their official duties.
It extends these protections to persons who suffer such acts
because they formerly occupied the designated positions and to
persons who suffer such acts because they are an immediate
family member of a person who occupies or occupied a designated
position.
Title VII - Additional Miscellaneous Provisions
27. Obstruction of a Federal Audit. Section 7078 makes it
a crime to obstruct "with intent to deceive or defraud the
United States" a person "employed on a full- or part-time or
contractual basis to perform an audit or quality assurance
inspection for or on behalf of the United States". We defer to
the Offices of General Counsel and Inspector General as to
whether this encompasses Agency Inspector General audits.
28. Locksmithing Devices. Section 7090 restricts the
mailability of locksmithing devices.
29. Pen Registers & Trap/Trace Devices. Section 7091
appears to loosen certain restrictions governing use of these
devices.
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i,
Provisions Deleted From Final Bill
30. Alexander "Anti-Stonewalling Act" Amendment. The
modified version of this provision that was contained in the
House-passed bill was dropped from the final bill.
31. Justice Admission of Aliens Authority. The Senate
version of the bill had contained authority for the Department
of Justice to admit to permanent resident alien status certain
aliens participating in the Alien Witness Cooperation Program.
This provision was dropped from final version of the bill.
32. Please call us if you have any questions. We will
advise you when the President acts on the bill as well as the
status of any technical changes in the version transmitted to
him for action.
S TAT
Attachment
1988)
STAT
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CONGRESSIONAL RECORD ? HOUSE October 21, 1988
&253
Be t enacted by the Senate and House of
Representatives al the United States of
America in Congress assembled, That (a)
subsection (b X1) of section 1 of Public Law
98-581, relating to land conveyances in the
State of Arizona, is amended by striking out
"Any conveyances" and inserting in lieu
thereof "Except as provided in subsection
(c), any conveyances"
(b) Subsection (c) of section 1 is amended
to read as follovac
"(cX1) Of the tract of land described in
subsection (a) of this section. the Secretary
shall offer to sell at the fair market value as
determined on December 23, 1980, to the
Flagstaff Medical Regional Center, Flag-
staff. Arizona, not to exceed 18.25 acres im-
mediately adjacent to said Flagstaff Medical
Regional Center and shall convey, without
consideration, except for administrative
costa associated with the preparation of title
and legal description, to the city of Flag-
staff. Arizona, 134.57 acres, under special
use permit in effect on the date of enact-
ment of this Act to the city of Flagstaff.
"(2) Title to any real property acquired by
the city of Flagstaff pursuant to this section
shall revert to the United States if the city
attempts to convey or otherwise transfer
ownership of any portion of such -property
to any other party or attempts to encumber
such title, or if the town permits the use of
any portion of such property for any pur-
pose incompatible with the purposes speci-
fied in paragraph (3) of this section.
"(3) Real property conveyed to the city of
Flagstaff pursuant to this section shall be
used for public open space, park and recre-
ational purposes.
"(4) Except for any land to be conveyed to
the Flagstaff Medical Regional Center and
the city of Flagstaff. the Secretary shall so-
licit public offers for the remaining land;
and improvments authorized under subsec-
tion (a) of this section. All offers shall be
publicly opened at the time and place stated
in the soliciation in accordance with the ad-
ministrative requirements of the Secretary.
The Secretary shall consider price and land
values before entering into agreements or
land exchanges with any party whose offer
conforming to the soliciation notice is deter-
mined by the Secretary to be the most ad-
vantageous to the Government. Notwith-
standing any-other provision of this Act, the
Secretary may reject any offer if the Secre-
tary determines that such rejection is in the
public interests.".
The Senate bill was ordered to be
read a third time, was read the third
time, and passed, and a motion to re-
considered was laid on the table.
rNIMOTION TO AGREE TO SENATE
AMENDMENT TO H.R. 5210, OM-
BUS DRUG INITIATIVE ACT
OF 1988, WITH AN AMENDMENT
Mr. FROST. Mr. Speaker, by direc-
tion of the Committee on Rules. I call
up House Resolution 595 and ask for
Its immediate consideration.
The Clerk read the resolution, as fol-
low&
H. Ras. 595
Resolved, That upon adoption of this reso-
lution it shall be in order to consider in the
House, without intervening motion, a
motion, if offered by Representative Foley
of Washington, or his designee, to take from
the Speaker's table the bill (H.R. 5210) to
prevent the manufacturing, distribution,
and use of illegal drugs, and for other pur-
poses, together with the Senate amendment
thereto, and to concur in the Senate amend-
ment with an amendment The motion shall
be considered as having been read. All
points of order against the motion are
hereby wavied. Debate oat he motion shall
continue not to exceed one hour, to be
equally divided and controlled by the major-
ity and minority leaders, and the previous
question shall be considered as ordered on
the motion to final adoption without inter-
vening motion.
The SPEAKER The gentleman
from Texas [Mr. Faosr] is recognized
for one hour.
Mr. FROST. Mr. Speaker, for the
purpose of fiebate only. I yield tthe
customary 30 minutes to the gentle-
man from Ohio [Mr. LATTA] pending
which I yield myself such time as I
may consume.
(Mr. FROST asked and was given
permission to revise and extend his re-
marks.)
Mr. FROST. Mr. Speaker. House
Resolution 595 makes it in order for
the majority leader to move to take
H.R.. 5210 from the Speaker's table
with the Senate amendment, and to
concur in the Senate amendment with
an amendment. The rule waives all
points of order against the motion and
provides that the motion is to be con-
sidered as having been read when it is
called up for consideration. The
motion is to be debatable for up to 1
hour and the debate time is to be
equally divided and controlled by the
majority and minority leaders. No
amendment to the majority leader's
motion will be in order.
Mr. Speaker, H.R. 5210 is the Omni-
bus Drug Initiative Act of 1988. The
rule before the House will afford us
the opportunity to vote on the pack-
age which has been agreed to in infor-
mal conference between Members of
the House and Members of the other
body. I urge adoption of the rule and
of the majority leader's motion.
Mr. LATTA. Mr. Speaker, I yield
myself such time as I may consume.
(Mr. LATTA asked and was given
permission to revise and extend his re-
marks.)
Mr. LATTA. Mr. Speaker, I am de-
lighted we will not have to oppose the
previous question on this rule in order
to give the House a chance to vote on
stronger antichild pornography and
obscenity provisions than were origi-
nally proposed.
I understand that language has been
agreed to which will give us the anti-
child pornography and obscenity pro-
visions which had been sought.
Therefore, Mr. Speaker, I will sup-
port this rule so that the House may
proceed to consider the Omnibus Drug
Initiative Act of 1988. ?
Mr. Speaker, drugs are perceived by
many to be the greatest domestic
problem facing this Nation today.
Clearly, drug abuse is taking a heavy
toll.
The legislative package made in
order by this rule is the response of
the Congress to this problem. It in-
cludes provisions designed to cut the
demand for drugs as well as to cut the
supply.
Mr. Speaker, no bill of this magni-
tude can please everybody. But this
appears to be a fair compromise. We
should support the rule and support
the bill.
Mr. Speaker. I yield 4 minutes to the
gentleman from Ohio [Mr. Wiruzl.
(Mr. WYLIE asked and was given
permission to revise and extend his re-
marks.)
Mr. WYLIE. Mr. Speaker, I support
the rule and the legislation that it
makes possible which we will approve
tonight as one of the most important
pieces of legislation that would be con-
sidered by the 100th Congress. Every
day we read about the drug problem.
Almost every night another homocide
results from drugs right here in the
Nation's Capital and many occur every
day throughout this country.
Mr. Speaker, it has been estimated
that Americans spend $80 to $150 bil-
lion a year on drugs. Organized crime,
deeply involved in the drug trade,
reaps anywhere from $40 to $60 billion
a year. As we all know, this is a prob-
lem of massive proportions, and that is
why legislation designed to curb drug
use and punish drug dealers is critical-
ly important. The drug bill before us
tonight is a step in the right direction
when it comes to fighting drugs?get-
ting tough. This bill will provide the
death penalty for drug kingpins. It
will provide "user accountability"?
that means those who use drugs won't
do so with impunity. And this bill will
create a Federal drug czar with broad
authority to oversee Federal drug ef-
forts?a_ concept I have supported for
some time.
As the ranking member on the
Banking Committee. I know that one
method of combating drugs is to limit
the ability of drug dealers to launder
money through our Nation's financial
Institutions. This is a sizable problem.
An estimated $5 to $15 billion a year is
laundered through financial institu-
tions every year. In fact, just recently,
the Justice Department indicted 70 indi-
viduals accused of conspiring to laun-
der $32 million in cocaine profits from
the United States. Panama, and Co-
-lombia through a Luxembourg based
bank. This is the first case of its kind
against a major international bank.
It was made possible by the 1986 law
when Congress really began the fight
against this problem by strengthening
the Bank Secrecy Act. Under those
changes, Congress made it a crime to
structure transactions to avoid that
act's reporting requirements. In this
bill a provsion that allowed financial
Institutions to give limited informa-
tion about accounts to Federal investi-
gators where criminal activity is sus-
pected was clarified.
It has been 2 years since the passage
of the Anti-Drug Abuse Act of 1986,
and having had a chance to review the
Implementation of that law, the Treas-
ury and Justice Departments have rec-
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October 21, 1.988 ?
CONGRESSIONAL RECORD? HOUSE
ommended some changes to build on
the effectiveness of that law.
The Banking Committee of this bill
will require that some limited informa-
tion be recorded by the financial insti-
tution when issuing travelers checks,
cashiers checks, and other similar in-
struments over $3,000. Additionally,
the Treasury Secretary will have the
authority to require more extensive
transaction information for any trans-
action of less than $10.000 in targeted
areas. For example, if the Secretary
determines that money laundering is
worse in the Los Angeles area, then he
can require stiffer reporting require-
ments. I think this is a sensible provi-
sion.
This legislation will also make an im-
portant change in the Right to Finan-
cial Privacy Act. For the first time, law
enforcement authorities will have the
power, in good cause, shown to review
financial records of bank "insiders"
without having to notify them that
their records are being reviewed for
possible criminal activity. As the Jus-
tice Department testified before our
committee, they have a file cabinet
full of cases where the suspect headed
for the airport immediately after
being notified that his records had
been subpoenaed. "Insiders" are de-
fined as officers, directors, employees,
controlling shareholders, and in some
cases, major borrowers.
Along with the money laundering
initiatives that fall within the Banking
Committee's jurisdiction, the final
agreement on the Anti-Drug Abuse
Act, before us tonight, contains several
measures which address the problems.
of drugs in public housing. Drug abuse
has become a major problem for many
of our Nation's public housing
projects. Unfortunately, the users and
dealers of drugs in public housing
deny many thousands of decent Amer-
ican citizens the national goal set
forth in the Housing Act of 1949 of "a
decent home and suitable living envi-
ronment for every American family."
This past spring, a constituent and
pubic housing resident wrote me on
this issue. In part, the letter reads as
follows:
The drug problem is stronger than ever
here. People live here who are not on leases.
I have told my friends that live here that
there is hope we can clean this place up like
it once was a nice place to live. With God's
help and yours, I have told them you are
going to help.us.
Well, today I am pleased to report
back to my constituent and to our
3.000 local public housing authorities
that the Congress has resolved itself
to provide additional tools to enhance
HUD's and the Nation's public hous-
ing managers' ability to deal with the
problem of drugs in public housing.
Mr. Speaker, under title V, User Ac-
countability of the Anti-Drug Abuse
Act, an important subtitile on "Pre-
venting Drug Abuse in Public Hous-
ing" is included. This subtitle contains
three significant measures. First, regu-
latory and enforcement provisions are
included which confirm that Public
Housing Authorities have the legal au-
thority to evict a public housing
tenant if the tenant, a member of the
tenant's household, or a guest or other
person under the tenant's control is
engaged in or is convicted of drug-re-
lated criminal activity on or near
public housing premises. Also, the
Bureau of Justice Assistance Block
Grant program is amended to include
a new eligible activity to provide fund-
ing for local police to fight drag activi-
ties in public housing.
Second. as $8.2 million public hous-
ing drug elimination pilot program is
established under which local public
housing authorities may apply to
HUD for funds to employ individuals
to investigate drug-related crime on or
about public housing projects and to
provide evidence relating to any such
crime in any administrative or judicial
proceeding. This pilot program also
creates other innovative programs de-
signed to reduce the use of drugs in
and around public housing. Finally, a
provision on Drug-Free Public Hous-
ing is included which reaffirms the
principle that a decent affordable
shelter is a basic necessity. To main-
tain this principle, measures are in-
cluded which require better coordina-
tion and training in drug prevention
programs among the public officials
and agencies-responsible for adminis-
tering the public housing programs of
the Nation. I will insert a short sec-
tion-by-section summary of the hous-
ing provisions.
Mr. Speaker, this is a good bill, and I
am pleased that we are passing this
legislation before the 100th Congress
is adjourned.
The section-by-section summary -fol-
lows:
H.R. 5210?Aim-Dauc ABUEM ACT OP 1988
HOUSE,SENATZ AGREEMENT ON PUBLIC
HOUSING PROVISIONS AND DENIAL OP PEDICR-
AL Baum PROVISION Przrszarnto TO
ROUSING PROGRAMS
Subtitle C?Preventing Drug Abuse in Public
Rousing
PART 1?MIGULATONT AND ZNPORCEMENT
PROVISIONS
Section 5101?Termination of Tenancy in
Public Housing:
Senate Provision: House recedes to
Senate.
This provision amends existing law con-
cerning lease provisions and confirms that
Public Housing Authorities have the legal
authority to evict a public-housing tenant if
the tenant, a member of the tenant's house-
hold, or a guest or other person under the
tenant's control is engaged in or is convicted
of drug-related criminal activity on or near
public housing premises while the tenant is
a tenant in public housing.
Section 5102?Study of Public Housing Se-
curity Activities:
Senate Provision: House recedes -to the
Senate with an amendment deleting the
provision authorizing the use of funds from
the Performance Funding System f or the
purpose of investigating the illegal use of
and trafficking in controlled substances in
public housing.
The provision as amended requires the
Secretary to conduct a study of the extent
to whet) security activities In public housing
H 11109
projects are funded under the Performance
Funding System. The report shall be sub-
mitted to Congress not later than 6 months
after enactment.
Section 5103?Report on Impact of Public
Housing Lease and Grievance Regulation on
the Ability of Public Housing Agencies to
Take Action Against Tenants Engaging in
Drug Crimes:
Senate Provision: House recedes to
Senate.
Provision requires HUD to report to Con-
gress within 12 months on the impact of the
Public Housing Lease and Grievance regula-
tions on the PHA's ability to take action
against tenants engaging in drug crimes.
Section 5104?Eligible Activities Under
Bureau of Justice Assistance Block Grant
Program: ?
Senate Provision: House recedes to
Senate.
, Amends the Bureau of Justice Assistance
Block Grant program to include as an eligi-
ble activity funds for local police to fight
drug activities in public housing.
Section 5105?Inclusion of Leasehold In-
terests in Property. Subject to Forfeiture
Under Controlled Substances Act:
Senate Provision: House recedes to
Senate.
Clarifies that a leasehold interest is con-
sidered property with respect to the Federal
Civil Forfeiture law and consequently that
the lease is subject to forfeiture by the Fed-
eral Government. (21 U.S.C. 881(aX7).)
PART 3?PUBLIC Roams DRUG ELIMINATION
PILOT PROGIRAM
Sections 5121-5129:
Senate-House had similar provision:
House recedes to Senate with an amend-
ment and adding two eligible activities from
the House provision: (1) the employment -of
1 or more individuals to investigate drug-re-
lated crime on or about public housing
projects and to provide evidence relating to
any such crime in any administrative or ju-
dicial proceeding and (2) permits the provi-
sion of training, communications equip-
ment, and other related equipment for use
by voluntary public housing tenant patrols
acting in cooperation with local law enforce-
ment officials.
This pilot program authorizes the Secre-
tary to make grants to public housing au-
thorities (including Indian housing authori-
ties) for use in eliminating drug-related
crime in public housing projects.
The Public Housing Drug Elimination
Pilot program is provided an authorization
of appropriation of 88.2 million for FY '89
(Senate provision) and such sums as may be
appropriated for FY '90 (House provision).
PART 3-.-DRUG-PRIM PUBLIC NOUS/NG
Sections 5141-5146:
House Provision: Senate recedes to the
House with a conforming amendment pro-
viding for defined terms.
The Drug-Free Public Housing Act of 1988
reaffirms the principle that decent afford-
able shelter is a basic necessity, and the gen-
eral welfare of the Nation and the health
and living standards of its people require
better coordination and training in drug
prevention programs among the public offi-
cials and agencies responsible for adminis-
tering the public housing programs of the
Nation.
Two specific initiatives are included in
this part: (1) Clearinghouse-on Drug Abuse
In Public Housing and (2) Regional Training
Program on Drug Abuse in Public Housing
are established in HUD.
Title V?User Accountabilits
Section 5301?Denial of Federal Benefits
to Drug Traffickers and Possessors
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H 11110 CONGRESSIONAL RECORD ? HOUSE
House and Senate had similar provisions:
The Agreement contains the thrust of the
Senate provision (Lc, discretion of the
courts) with the House provision pertaining
to the definition of "federal benefits" with
significant changes as to which benefits are
. excluded.
Explanation?
(a) Drug Traffickers. Subsection (a) would
require any individual convicted of any Fed-.
eral or State offense consisting of the distri-
bution of controlled substances to be ineligi-
ble for Federal benefits (1) at the court's
discretion for up to 5 years for a first con-
viction: (2) at the court's discretion for up to
10 years for a second conviction; and (3) per-
manently upon a third or subsequent con-
viction. This subsection does not cut off
benefits relating to long-term drug treat-
ment programs for addiction in certain
Cases.
(b) Drug Possessors. Subsection (b) would
require any individual convicted of posses-
sion of a controlled substance for the first
time, at the discretion of the court. to (a) be
ineligible for Federal benefits for up to one
year (b) successfully complete a drug treat-
ment program, including periodic drug test-
ing: (c) perform appropriate community
service: or (d) any combination of items (a),
(b), or (c). For a second or subsequent con-
viction, the court would have the discretion
to make the person ineligible .for Federal
benefits for up to 5 years after the convic-
tion. The court would be permitted to re-
quire the individual to complete the condi-
tions noted in items (b) and (c) above as a
requirement for the reinstatement of Feder-
al benefits. Penalties would be waived in the
case of a person who agrees to a long-term
treatment program or who is considered re-
habilitated.
(c) Suspension of Period of Ineligibility.
Periods of ineligibility for Federal benefits
would be suspended if the individual (1)
completes a drug rehabilitation program
after becoming ineligible: (2) has otherwise
been rehabilitated; or (3) has made a good
faith effort to gain admission to a rehabili-
tation program.
(d) Definitions. Under subsection (d), the
term "Federal Benefit" would mean the is-
suance of any grant, contract, loan. Profes-
sional license, or commerical license provid-
ed by an agency or appropriated funds of
the United States. The term would not
incude any retirement, welfare. social secu-
rity, health, disability, veterans benefits,
public housing, or other similar benefits, or
any other benefit for which payments or
services are required for eligibility. The
term "veterans benefits" would mean all
benefits provided to veterans, their families,
or survivors by virtue of the service of a vet,-
eran.
(e) Inapplicability of this Section to Gov-
ernment Witnesses. The ineligibility provi-
sions would not apply to individuals who co-
operates or testify for the Government in
criminal cases or who are in a Government
witness protection program.
(f) Indian Provisions. Subsection (f) would
require that this section not be construed to
affect any obligation of the United States to
any Indian or Indian tribe under any treaty,
statute. Executive order, or trust responsi-
bility. The sanctions of this section would
otherwise apply to individual Indians.
(g) Presidential Report. This subsection
would require, on or before May 1, 1989, a
report from the President (1) delineating
the role of State courts in implementing
this section: (2) describing how Federal
agencies will implement and enforce this
? section; (3) detailing how Federal and State
agencies, courts, and law enforcement agen-
? cies will exchange and share data necessary
to -implement and enforce the withholding
of Federal benefits: and (4) recommending
modifications to improve this section. By
September 1, 1989, Congress must consider
the report and enact appropriate legislative
changes.
(h) Effective Date. Subsection (h) would
require that this section take effect for con-
victions occurring after September 1, 1989.
From the Banking committee's perspec-
tive the agreement includes the following?
(1) Public housing is excluded from the
term "federal benefits." Existing HUD pro-
cedures, permit public housing authorities
discretion to screen potential tenants to de-
termine any past history of drug use or drug
distribution and denying admission on that
basis.
(2) For the purpose of various housing
programs the denial of benefit is deter-
mined at the time of application. Therefore,
this provision is prospective in nature and
not retroactive.
Mr. LATTA. Mr. -Speaker, I yield 2
minutes to the gentleman from New
York [Mr. Garman.
Mr. GREEN. I thank the gentleman
from Ohio for yielding to me.
Mr. Speaker, I would simply point
Out to my colleagues that this bill con-
tains a new title, an appropriations
title which the House has not previ-
ously considered. And in the midst of
all the hoopla about all the criminal
law parts of this bill. I think it is Im-
portant that the appropriations part
equally addresses the demand side of
the drug problem. I have a situation in
my district where if someone is a
heroin addict and walks into a -clinic
and asks for treatment, that person is
told that he will be put on a waiting
list and to come back in 3 months or
come back in 6 months. That is a scan--
dal.
If we really want to deal with the
drug problem we have got to deal with
that. ?
I am proud to say that in the appro-
priations committee the distinguished
chairman of the Committee on Appro-
priations, the gentleman from Missis-
sippi. [Mr. Warrictil, and the distin-
guished ranking minority member of
the Committee on Appropriations, the
gentleman from Massachusetts [Mr.
Coma saw to it that our bill would
allocate 50 percent of its funds to the
demand side so that we-can have more
funds for treatment and education.
I want to express my appreciation to
them for that and urge all of my col-
leagues to vote for the rule and for the
bill. ?
Mr. LATTA. Mr. Speaker, I have no
further requests for time, and I yield
back the balance of my time.
0 0030
Mr. FROST. Mr. Speaker, this is the
last rule that will be handled as a
Member of Congress by the gentleman
from Ohio (Mr. Lam). He has been a
distinguished member of the Commit-
tee on Rules, a constructive Member,
and we all owe him a debt of gratitude
and well wishes in his retirement.
Mr. Speaker, I move the previous
question on the resolution.
The previous question was ordered.
The resolution was agreed to.
October 21, 1988
A motion to reconsider was laid on
the table.
Mr. F'OLEY. Mr. Speaker. I move to
take from the Speaker's table the bill
(H.R. 5210) to prevent the manufac-
turing, distribution, and use of illegal
drugs, and for other purposes, with a
Senate amendment thereto, and
concur in the Senate amendment with
an amendment.
The Clerk read the title of the bill.
The SPEAKER. Pursuant to the
rule, the motion is considered as
having been read.
The text ? of the House amendment
to the Senate amendment to H.R. 5210
Is as follows:
Strike all after the enacting clause and
Insert
SECTION 1. SHORT TITLE.
This Act may be cited as the "Anti-Drug
Abuse Act of 1988".
SEC. 2. TABLE OF TITLES.
Title I?Coordination of national drug
? policy
Title II?Treatment and prevention pro-
grams
Title III?Drug education programs
Title IV?International narcotics control
Title V?User accountability
Title VI?Anti-drug abuse amendments act
of 1988
Title VII?Death penalty and other criminal
and law enforcement matters
Title VI:II?Federal alcohol adaministration
Title 1X?Miscellaneous *
Title 21?Supplemental appropriations
TITLE I?COORDINATION OF NATIONAL
DRUG POLICY
Subtitle A?NatMaal Drug Control Program
SEC 1001. SHORT TITLE.
This subtitle may be cited as the "Nation-
al Narcotics Leadership Act of 1988".
Sac. NKR. ESTABLISHMENT OF OFFICE.
(a) ESTABLISHMENT or ?rms.?There is
established in the Executive Office of the
President the "Office of National Drug Con-
trol Policy".
(b) DIRECTOR AND DEPUTY- DIRECEORs.?(1.
There shall be at the head of the Office of
National Drug Control .Policy a Director of
National Drug Control Policy.
. (2) There shall be in the Office of Nation-
al Drug Control Policy a Deputy Director
for Demand Reduction and a Deputy Direc-
tor for Supply Reduction.
(3) The Deputy Director for Demand Re-
duction and the Deputy Director for Supply
Reduction shall assist the Director in carry-
ing out the responsibilities of the Director
under this Act.
(C) BUREAU OT STATE AND LOCAL ATTA/RS.?
(1) There is established in the Office of Na-
tional Drug Control Policy a Bureau of
State and Local Affairs.
(2) There shall be at the head of such
bureau an Associate Director for National
Drug Control Policy.
(d) ACCESS BY CONGRESS.?The location of
the Office of National Drug Control Policy
In the Executive Office of the President
shall not be construed as affecting access by
the Congress or committees of either House
to?
(1) information, documents, and studies in
the possession of, or conducted by or at the
direction of the Director. or
(2) personnel of the Office of National
Drug Control Policy.
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October 21, 1988
CONGRESSIONAL RECORD ? HOUSE H 11111
SEC. Mei APPOINTMENT AND DUTIES OF DIREC-
TOR, DEPUTY DIRECTORS. AM) ASSO-
CIATE DIRECTOR.
(a) Arromno:wr.?(1) The Director, the
Deputy Director for Demand Reduction. the
Deputy Director for Supply Reduction, and
the Associate Director for National Drug
Control Policy shall each be appointed by
the President, by and with the advice -and
consent of the Senate.
(2) The Director. the Deputy Director for
Demand Reduction, the Deputy Director for
Supply Reduction. and the Associate Direc-
tor for National Drug Control Policy shall
each serve at the pleasure of the President.
No person shall serve as Director. a Deputy
Director. or Associate Director while serving
In any other position in the Federal Govern-
ment.
(3) Section 101 of the National Security
Act of 1947 is amended by redesignating
subsection (f) as subsection (g) and inserting
after subsection ( e) the following
"(f) The Director of National Drug Con-
trol Policy may, in his role as principal ad-
viser to the National Security Council on
national drug control policy, and subject to
the direction of the President...attend and
participate in meetings of the National Se-
curity Council.".
(4 XA) Section 5312 of title Z. United
States Code, is amended by adding at the
end thereof the following
"Director of National Drug 'Control
Policy.".
(B) Section 5314 of title 5. United States
Code, Is amended by adding at the end
thereof thefollowing:
"Deputy Director for Demand Reduction,
Office of National Drug Control Policy.
"Deputy Director for Supply Reduction.
Office of National Drug Control Policy.".
(C) Section 5315 of title 5, United States
Code, is amended by adding at the end
thereof the following:
"Associate Director for National Drug
Control Policy, Office of National Drug
Control Policy.".
(b) RESPONSISILTTIEL?The Director
shall?
(1) establish policies, objectives, and prior-
ities for the National Drug Control Pro-
gram;
(2) annually promulgate the National
Drug Control Strategy in accordance with
section 1005;
(3) coordinate and oversee the Implemen-
tation by National Drug Control Program
agencies of the policies, objectives, and pri-
orities established under paragraph (1) and
the fulfillment of the responsibilities of
such agencies under the National Drug Con-
trol Strategy;
(4) make such recommendations to the
President as the Director determines are 'ap-
propriate regarding?
(A) changes in the organization, manage-
ment, and budgets of Federal departments
and agencies engaged in drug enforcement;
and
(B) the allocation of personnel to and
within such departments and agencies:
to implement the policies, priorities, and ob-
jectives established under paragraph (1) and
the National Drug Control Strategy;
(5) consult with and assist State and local
governments with respect to their relations
with the National Drug Control Program
agencies;
(6) appear before duly constituted com-
mittees and subcommittees of the House of
Representatives and of the Senate to repre-
sent the drug policies of the executive
branch: and
(7) notify any National Drug Control Pro-
gram agency if its policies are not in compli-
ance with the responsibilities of such
agency under the National Drug Control
Strategy and transmit a copy of each such
notification to the President.
(c) NATIONAL Dam CONTROL Paocauut
Bower.?(1) The Director shall develop for
each fiscal year, with the advice of the pro-
gram managers of departments and agencies
with responsibilities under the National
Drug Control Program, a consolidated Na-
tional Drug Control -Program budget pro-
posal to implement the National Drug Con-
trol Strategy, and shall transmit such
budget proposal to the President and to the
Congress.
(2) Each Federal Government program
manager. agency head, and department
head with responsibilities under the Nation-
al Drug Control Strategy shall transmit the
drug control budget request of the program,
agency, or department to the Director at
the same time as such request is submitted
to their superiors (and before submission to
the Office of Management and Budget) in
the preparation of the budget of the Frail-
dent submitted to the -Congress under -sec-
tion 1105(a) of title Si, United States Code.
(3) The Director aball?
-
(A) review each drug control -budget re-
quest transmitted to the Director under
paragraph (2):
(B) certify in viriting ss to the adequacy of
such request to bnplement the objectives of
the National Drug Control Strategy for the
year for which the request Is submitted; and
(C) notify the program manager, agency
heed, or department head, as applicable, re-
garding the Director's certification under
subparagraph (B).
(4) The Director shall maintain records re-
garding ? certifications tmder paragraph
(3Xl3).
(5XA) No National Drug Control Program
agency shall submit to the Congress a repro-
or transfer request with respect
to any amount of appropriated funds great-
er than $5.009.000 which is Included in the
National Drug Control Program budget
-unless such -request has been approved by
-the Director.
(B) The head of any National Drug Con-
trol Program agency may appeal to the
President any dirsapproval by the Director
of a reprogramming or transfer request.
(6) The Director than report to the Con-
gress on a quarterly basis regardtog the
need for any reprogramming or transfer at
appropriated funds for National Drug Con-
trol Program activities.
(7) The head of each National Drug Con-
trol Program agency shall ensure timely de-
velopment and submission to the Director
of drug control budget requests transmitted
pursuant to subsection (cX2), in such
format as may be designated by the Direc-
tor with the concurrence of the Director of
the Office of Management and Budget.
(d) POWERS or. Dnuccroa.?In carrying out
the responsibilities established- under sub-
section (b), the Director may?
(1) select, appoint, employ. and fix com-
pensation of such officers and employees as
may be necessary to carry out the functions
of the Office of National Drug Control
Policy under this title;
(2) direct.. with tbe concurrence of the
Secretary of a department or head of an
agency, the temporary reassignment within
the Federal Government of personnel em-
ployed by such department or agency. In
-order to implement United States drug con-
trol policy;
(3) use for administrative purposes, on a
reimbursable basis, the available services,
equipment, personnel, and facilities of Fed-
eral. State, and local agencies;
(4) procure the services of experts and
consultants in accordance with oectkon 3109
of title 6, United States Code, relating to ap-
pointments in the Federal -Service, at rates
of compensation for individuals not to
exceed the daily equivalent of the rate of
pay Payable for 08-18 of the General
Schedule under section 5332 of title 5.
United States Code:
(5) accept and use donations of property
from Federal. State, and local government
agencies;
(6) use the mails in the same manner as
any other department or agency of the ex-
ecutive branch and
(7) monitor implementation of the Nation-
al Drug Control Program. including?
(A) conducting program and performance
audits and evaluations; and
(B) requesting assistance from the Inspec-
tor General of the relevant agency in such
audits and evaluations.
(e) PERSONNEL DETAILED TO THE Orme.?
(1) Netwittunanding any provision of chap-
ter 43 of title 5, United States Code. the Di-
rector shall perform the evaluation of the
performance of any employee detailed to
the Office of National Drug Control Policy
for purposes of the applicable performance
appraisal system established under such
chapter for any rating period, or part there-
of, that such employee is detailed to such
office.
(2XA) Notwithstanding any other provi-
sion of law, the Director may provide Peri-
odic bonus payments to any employee de-
tailed to the Office of National Drug Con-
trol Policy.
(B) An amount paid under this paragraph
to an employee for any period shall not be
greater than 20 percent of the basic pay
paid or payable to such employee for such
period.
(C) Any payment under this paragraph to
an employee Wall be in addition to the basic
pay of such employee. -
CD) The aggregate amount paid during
any fiscal year to an employee detailed to
the- Office of National Drug Control Policy
as basic pay, awards. bonuses. -and other
compensation shall not exceed the annual
rate payable at the end of such fiscal year
for positions at level III of the Executive
Schedule.
SEG MSC COORDINATION mut immunvE
BRANCH rognummumns AND AGEN-
CIES.
(a) Access To Isroassarzow.?(1) Upon re-
quest of the Director, and subject to laws
governing disclosure of information, the
head of each National Drug Control Pro-
gram agency shall provide to the Director
such infonsuttion as may be required for
drug controL
(2XA) The authorities conferred on the
Office of National Drug Control Policy and
its Director by this Act shall be exercised in
a manner consistent with provisions of the
National Security Act of 1947. The Director
of Central Intelligence shall prescribe such
regulations as may be necessary to protect
Information provided pursuant to this Act
regarding intelligence sources and methods.
(B) The Director of Central Intelligence
shall, to the fullest extent possible in ac-
cordance with subparagraph (A), render full
assistance and support to the Office of Na-
tional Drug Control Policy and its Director.
(b) Cairn:manor' or Poucr Caarrairs NT
Drascroa.?(1) The head of a National Drug
Control Program agency shall, unless exi-
gent circumstances require otherwise, notify
the Director in writing regarding any pro-
posed change in policies relating to the ac-
tivities of such department or agency under
the National Drug Control Program prior to
Implementation of such change. The Direc-
tor shall promptly review such proposed
change and certify to the department or
agency head in writing whether such
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H 11112 CONGRESSIONAL RECORD ? HOUSE
change is consistent with the National Drug
Control Strategy.
(2) If prior notice of a proposed change
under paragraph (1) is not possible, the de-
partment or agency head shall notify the
Director as soon as practicable. The Direc-
tor shall review such change and certify to
the department or agency head in writing
whether such change is consistent with the
National Drug Control Program.
(C) GENERAL SERVICES ADMINISTRATION.?
The Administrator of General Services shall
provide to the Director on a reimbursable
basis such administrative support services as
the Director may request.
SEC. NOS. DEVELOPMENT AND SUBMISSION OF NA-
TIONAL DRUG CONTROL STRATEGY.
(a) DEVELOPMENT AND SUBMISSION OF Tar
NATIONAL DRUG CONTROL STRATEGY.--(1) Not
later than 180 days after the first Director
is confirmed by the Senate, and not later
than February 1 of each year thereafter,
the President shall submit to the Congress a
National Drug Control Strategy. Any Part
of such strategy that involves information
properly classified under criteria established
by an Executive order shall be presented to
the Congress separately.
(2) The National Drug Control Strategy
submitted under paragraph (1) shall;--
(A) include comprehensive, research-
based, long-range goals for reducing drug
abuse in the United States;
(B) include short-term measurable objec-
tives which the Director determines may be
realistically achieved in the 2-year period
beginning on the date of the submission of
the strategy;
(C) describe the balance between re-
sources devoted to supply reduction and
demand reduction; and
(D) review State and local drug control ac-
tivities to ensure that the United States
pursues well-coordinated and effective drug
control at all levels of government.
(3 XA) In developing the National Drug
Control Strategy, the Director shall consult
with?
(1) the heads of the National Drug Control
Program agencies;
(11) the Congress:
(111) State and local officials.--
(iv) private citizens with experience and
expertise in demand reduction: and
(v) private citizens with experience and
expertise in supply reduction.
(B) At the time the President submits the
National Drug Control Strategy to the Con-
gress, the Director shall transmit a report to
the Congress indicating the persons consult-
ed under this.paragraph.
(4) Beginning with the second submission
of a National Drug Control Strategy, the Di-
rector shall include with each such strategy
a complete evaluation of the effectiveness
of drug control during the preceding year.
(b) GOALS, OBJECTIVES. AND PRIORITIES.?
Each National Drug Control Strategy -shall
include?
(1) a complete list of goals, objectives, and
priorities for supply reduction and for
-demand reduction:
(2) private sector initiatives and coopera-
tive efforts between the Federal Govern-
ment and State and local governments for
drug control:
(3) 3-year projections for program and
budget priorities and achievable projections
for reductions of drug availability and
usage:
(4) a complete assessment of how the
budget proposal transmitted under section
1003(c) is intended to implement the strate-
gy and whether the funding levels con-
tained in such proposal are sufficient to im-
plement such straiten:
(5) designation of areas of the United
States as high intensity drug trafficking
areas in accordance with subsection (c): and
(6) a plan for improving the compatibility
of automated information and communica-
tion systems to provide Federal agencies
with timely and accurate information for
phrposes of this subtitle.
(C) HIGH Irmastyr DRUG TRAFFICKING
AREAS.?(1) The Director, upon consultation
with the Attorney General, heads of Nation-
al Drug Control Program agencies, and the
Governors of the several States, may desig-
nate any specified area of the United States
as a high intensity drug trafficking area.
After making such a designation and in
order to provide Federal assistance to the
area so designated, the Director may?
'A) direct the temporary reassignment of
Federal personnel to such area, subject to
the approval of the Secretary of the depart-
ment or head of the agency which employs
such personnel;
(B) take any ? other action authorized
under section 1003 to provide increased Fed-
eral assistance to such area= and
(C) coordinate actions under this para-
graph with State and local officials.
(2) When considering the designation -of
an area under this subsection as a high in-
tensity drug trafficking area, the Director
shall consider, -along with other criteria. the
Director may deem apProPriate?
(A) the extent to which the area is a
center of illegal drug production, manufac-
turing, importation, or distribution;
(B) the extent to which State and local
law enforcement agencies have committed
resources to respond to the drug trafficking
problem in the area, thereby indicating a
determination to respond aggressively to
the problem:
(C) the extent to which drug-related ac-
tivities in the area are having a -harmful
Impact in other areas of the country: and
(D) the extent to which a significant in-
crease in allocation of Federal resources is
necessary to respond adequately to drug-re-
lated activities in the area.
(3) Before March 1. 1991. the Director
shall submit.a report to the House of Repre-
sentatives and to the Senate concerning the
effectiveness of and need for the designa-
tion of areas under this subsection as high
intensity drug trafficking areas, along with
any comments or recommendations for leg-
islation.
(d) LEAD AGENCIES.---(I) The President
snail designate lead agencies with areas of
principal responsibility for carrying out the
National Drug Control Strategy.
(2) The Director shall require that any
National Drug Control Program agency that
conducts -a major supply reduction activity
which is in the area of principal responsibil-
ity of a lead agency designated under para-
graph (1) shall?
(A) notify such lead agency in writing of
the activity; and
(B) provide such notification prior to con-
ducting such activity, unless exigent circum-
stances require otherwise.
(3) If a lead agency objects to the conduct
of an activity described under paragraph
(2), the lead agency and the agency plan-
ning to conduct such activity shall notify
the Director in writing regarding such ob-
jection.
SEC. HMG. SUBMISSION OF NATIONAL DRUG CON-
TROL PROGRAM BUDGET WTIM
ANNUAL BUDGET REQUEST OF PRESI-
DENT.
Section 1105(a) of title 31, United States
Code, is amended by adding at the end
thereof the following:
"(28) a separate statement of the amount
of appropriations requested for the Office
of National Drug Control Policy and each
October 21, 1988
program of the National Drug Control Pro-
gram.".
SEC. 1007. TERMINATION OF NATIONAL DRUG EN-
FORCEMENT POLICY BOARD, NATION.
AL NARCOTICS BORDER INTERDIC-
TION SYSTEM, AND WHITE HOUSE
DRUG ABUSE POLICY OFFICE
(a) NATIONAL DRUG ENFORCEMENT POLICY
B0ARD.?(1) -The National Drug Enforce-
ment Policy Board is terminated effective
on the 30th day after the first Director is
confirmed by the Senate. Upon such termi-
nation. all records and property of the Na-
tional Drug Enforcement Policy Board shall
be transferred to the. Director. The Director
of the Office of Management and Budget
shall take such actions as are necessary to
facilitate such transfer.
(2) All strategies, implementation plans.
memoranda of understanding, and directives
that have been issued ? or made by the Na-
tional Drug Policy Board before the effec-
tive date of this subtitle shall continue in
effect .until modified, terminated, supersed-
ed, set aside, or revoked by the President or
the Director. -
(3) The National Narcotics Act of 1984 (21
U.S.C. 1201 et seq.) is repealed effective on
the 30th day after the first Director is con-
firmed by the Senate.
(b) NATIONAL NARCOTICS BORDER INTERDIC-
TION Srsiam.?Notwithstancling any other
provision of law, no funds may be expended
after 30 days after the date on which the
first Director is confirmed by the Senate for
any activities or operations of the entity
otherwise known as- the National Narcotics
Border Interdiction System.
(c) WHITE ROUSE Ormuz or Daus ABUSE
Potacr.?(1) Sections 103, 201, 202, 203, 204.
and 206 of the Drug Abuse Prevention,
Treatment, and Rehabilitation Act (21
U.S.C..1103. 1111, 1-112, 1113, 1114, and 1116)
are repealed. Section 205 of such Act is re-
designated as section 201.
(2) The White House Office of Drug
Abuse Policy shall -terminate on the 30th
day after the date on which the first Direc-
tor is confirmed by the Senate.
(3) Section 5314 of title 5. United States
Code, is amended by striking "Director of
the Office of Drug Abuse Policy.".
(4) Section 5315 of title 5. United States
Code, is amended by striking "Deputy Direc- -
tor of the Office of Drug Abuse Policy.".
SEC HMS. EXECUTIVE REORGANIZATION STUDY.
(a) REPORT TO THE CONGRESS AND IRE
Pazamairr.?Not later than January 15,
1990. the Director shall submit a report to
the President and to the Congress regarding
the necessity to group, coordinate, and con-
solidate agencies and functions of the Fed-
eral Government involved in supply reduc-
tion and demand reduction in order to?
(1) promote better execution of the laws:
(2) provide more effective management of
the executive branch:
(3) reduce expenditures andpromote
economy to the fullest extent Consistent
with the efficient operation of the executive
branch; and
(4) reduce the number of agencies by con-
solidating under a single head agencies
having similar functions, and by abolishing
agencies and functions which are unneces-
sary for the efficient conduct of the-execu-
tive branch.
(b) RECOWICENDATIONS.?The report sub-
mitted under subsection (a) shall include
any appropriate recommendations for legis-
lation.
SEC. INK TERMINATION OF OFFICE OF NATIONAL.
DRUG CONTROL POLICY.
This subtitle and the amendments made
by this subtitle, other than section 1007. are
repealed on the date which is 5 years after
the date of the enactment of this subtitle.
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October 21, 1988 CONGRESSIONAL RECORD - HOUSE
SEC. 1010. DEFINITIONS.
As used in this subtitle-
(1) the term "drug" has the same meaning
as the term "controlled substance" has in
section 102(6) of the Controlled Substances
Act (21 U.S.C. 802(6));
(2) the term "drug control" means any ac-
tivity conducted by a National Drug Control
Program agency involving supply reduction
or demand reduction;
(3) the term "supply reduction" means
any enforcement activity of a program con-
ducted by a National Drug Control Program
agency that is intended to reduce the supply
or use of drugs in the United States and
abroad, including-
(A) international drug control:
(B) foreign and domestic drug enforce-
ment intelligence:
(C) interdiction: and
(D) domestic drug law enforcement, in-
cluding law enforcement directed at drug
users;
(4) the term "demand reduction" means
any activity conducted by a National Drug
Control Program agency, other than an en-
forcement activity, that is intended to
reduce the demand for drugs, including-
(A) drug abuse education:
(B) prevention:
(C) treatment;
ID) research: and
(E) rehabilitation:
(5) the term "National Drug Control Pro-
gram" means programs, policies, and activi-
ties undertaken by National Drug Control
Program agencies pursuant to the responsi-
bilities of such agencies under the National
Drug Control Strategy;
(6) the term "National Drug Control Pro-
gram agency" means any department or
agency and all dedicated units thereof, with
responsibilities under the National Drug
Control Strategy, as designated-
(A) jointly by the Director and the head
of the department or agency; or
(B) by the President;
(7) the term "Director" means the Direc-
tor of National Drug Control Policy; and
(8) the term "National Drug Control
Strategy" means a strategy developed and
submitted to the Congress under section
1005.
SEC. IOU. AUTHORIZATION OF AP1PROPRIATIONS.
For the purposes of carrying out this sub-
title, there are authorized to be appropri-
ated $3,500,000 for fiscal year 1989 and such
sums as may be necessary for each of the 4
succeeding fiscal years, to remain available
until expended.
SEC. 1012. Erman% DATE.
This subtitle shall be effective January 21,
1989.
Subtitle B-Department of Justice Civil
Enforcement Enhancement
SEC. IOSI. SHORT TITLE.
This subtitle may be cited as the "Justice
Department Organized Crime and Drug En-
forcement Enhancement Act of 1988".
SEC. 1052. FINDINGS.
The Congress finds that-
(1) organized criminal activity contributes
significantly to the importation, distribu-
tion, and sale of illegal and dangerous drugs;
(2) trends in drug trafficking patterns ne-
cessitate a response that gives appropriate
weight to-
( A) the prosecution of drug-related crimes;
and
(B) the forfeiture and seizure of assets
and other civil remedies used to strike at
the inherent strength of the drug networks
and organized crime groups;
(3) law enforcement components of the
Department of Justice should give high pri-
ority to the enforcement of civil sanctions
against drug networks and organized crime
groups; and
(4) the structure of the Department of
Justice Criminal Division needs to be re-
viewed in order to determine the most effec-
tive structure to address such drug-related
problems. ?
SW. IOU CIVIL ENFORCEMENT REPORT.
(a) RzPoRT.-Not later than 1 year after
the date of the enactment of this title, the
Director of National Drug Control Policy
(the Director) in consultation with the At-
torney General, shall report to the Congress
on the necessity to establish a new division
or make other organizational changes
within the Department of Justice in order
to promote better civil and criminal law en-
forcement. In preparing such report, the Di-
rector shall consider restructuring and con-
solidating one or more of the following divi-
sions and programs-
(1) the Organized Crime and Racketeering
Section of the Criminal Division and all sub-
ordinate-strike forces therein;
(2) the Narcotic and Dangerous Drug Sec-
tion of the Criminal Division;
(3) the Asset Forfeiture Office of the
Criminal Division; and
(4) the Organized Crime Drug Enforce-
ment Task Force Program;
(b) Lzonusrrvz Rzcosomniterrox&-The
report submitted under subsection (a) shall
Include appropriate legislative recommenda-
tions for the Congress.
SEC. 1054. CIVIL ENFORCEMENT ENHANCEMENT.
(a) Durr or Arronierr ChurusaL-The At-
torney General shall insure that each com-
ponent of the Department of Justice having
criminal law enforcement responsibilities
with respect to the prosecution sf organized
crime and controlled substances violations.
Including each United States Attorney's
Office, attaches a high priority to the en-
forcement of civil statutes creating ancillary
sanctions and remedies for such violations,
such as civil penalties and actions, forfeit-
ures. injunctions and restraining orders, and
collection of fines.
(b) DUTY or ASSOCIATE ATroRinrz GENES-
AL.-The Associate Attorney General shall
be responsible for implementing the policy
set forth in this subsection.
(c) Aursoazzarrox or APPROPRIATIONS.-
(I) There are authorized to be appropriated
83,000.000 for salaries and expenses to the
Department of Justice General Legal Activi-
ties Account and 83,000,000 for salaries and
expenses for United States Attorneys for
fiscal year 1989.
(2) Any appropriation of funds authorized
under paragraph (1) shall be-
(A) in addition to any appropriations re-
quested by the President in the 1989 fiscal
year budget submitted by the President to
the Congress on February 18. 1988. or pro-
vided in regular appropriations Acts or con-
tinuing resolutions for the fiscal year
ending September 30, 1989; and
(B) used to increase the number of field
attorneys and related support staff over
such personnel levels employed at the De-
partment of Justice on September 30. 1988.
(3) Any increase in full-time equivalent
positions described under paragraph (2)(B)
shall be exclusively used for asset forfeiture
and civil enforcement and be assigned to ap-
propriate field offices of the Organized
Crime and Racketeering Section and the
Organized Crime Drug Enforcement Task
Forces.
(d) Rzecnernrq Rmaunuesuier.-The Attor-
ney General, at the end of each such fiscal
year, shall file a report with the Congress
setting forth the extent of such enforce-
ment efforts, as well as the need for any en-
hancements in resources necessary to carry
out this policy.
H 11113
SEC MISS. EXPENSES OF TASK FORCES.
(a) APPROPRIATIONS AND RET30317RSEMENTS
Paocznuaz.-Beginning in fiscal year 1990.
the Attorney General in his budget shall
submit a separate appropriations request
for expenses relating to all Federal agencies
participating in the Organized Crime Drug
Enforcement Task Forces. Such appropria-
tions shall be made to the Department of
Justice's Interagency Law Enforcement Ap-
propriation Account for the Attorney Gen-
eral to make reimbursements to the in-
volved agencies as necessary.
(b) Einturcistmer or Flax Ac-rivrrnrs.-
The appropriations and reimbursements
procedure described under subsection (a)
shall-
(1) provide for the flexibility of the Task
Forces which Is vital to success;
(2) permit Federal law enforcement re-
sources to be shifted in response to chang-
ing patterns of organized criminal drug ac-
tivities:
(3) permit the Attorney General to reallo-
cate resources among the organizational
components of the Task Forces and between
regions without undue delay: and
(4) ensure that the Task Forces function
as a unit, without the competition for re-
sources among the participating agencies
that would undermine the overall effort.
TITLE II-TREATMENT AND PREVENTION
PROGRAMS
SEC. 2001. TABLE OF CONTENTS.
Sec. 2001. Table of contents.
Subtitle A-Programs Relating to Public
Health Service Act
Sec. 2011. Short title.
Sec. 2012. Purposes.
CHAPTER 1-REVISION AND EXTENSION OF ALCO-
HOL AND DRUG ABUSE AND MENTAL HEALTH
SERVICES BLOCK GRANT
Sec. 202L Authorization of appropriations.
Sec. 2022. Formula for allotments.
Sec. 2023. Set-aside for fiscal year 1989 for
treatment for substance abuse.
Sec. 2024. Construction of substance abuse
facilities.
Sec. 2025. Prevention and treatment with
respect to intravenous drug
abuse.
Sec. 2026. Limitation on administrative ex-
penses.
Sec. 2027. New mental health services and
programs.
Sec. 2028. Independent peer review and
manner of compliance.
Sec. 2029. Intrastate allocations.
Sec. 2030. Seteaaide for services for intrave-
nous drug abuse.
Sec. 2031. Maintenance of effort.
Sec. 2032. Set-aside for women and children.
Sec. 2033. Set-aside for mental health serv-
ices for children.
Sec. 2034. Certain required agreements.
Sec. 2035-Requirement of establishment of
mental health services plan-
ning council.
Sec. 2036. Group homes for recovering sub-
stance abusers.
Sec. 2037. Report and audits.
Sec. 2038. Technical assistance.
Sec. 2039. Service research on community-
based alcohol and drug abuse
treatment programs.
Sec. 2040. Service research on community-
based mental health treatment
programs.
Sec. 2041. State comprehensive mental
health service plan.
CHAPTER 2-REVI5ION AND EXTENSION OF CER-
TAIN PROGRAMS OF ALCOHOL, DRUG ABUSE.
AND MENTAL HEALTH ADMINISTRATION
Sec. 2051. Office for Substance Abuse P-?-
vention.
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1111,1 CONGRESSIONAL RECORD - HOUSE
Sec. 2052. Requirement of annual collection
by Secretary of certain data
with respect to mental illness
and substance abuse.
Sec. 2053. Reduction of waiting period for
drug abuse treatment
Sec. 2054. Model projects for pregnant
women.
Sec. 2055. Certain authorizations of appro-
priations.
Sec. 2056. Drag abuse demonstration
projects of national signifi-
cance.
Sec. 2057. Establishment of grant programs
for research with respect to
mental health services.
Sec. 2058. Miscellaneous amendments.
CHAPTER a.-REPORTS AND STUDIES
Sec. 2071. Relationship between mental ill-
ness and substance abuse.
Sec. 2072. Use of involuntary committinent.
Sec. 2073. Report with respect to adminis-
tration of certain research pro-
APTER 4-1115CELLA1EOUS
Sec. 2074. Action by national institute on
drug abuse and States concern-
ing military facilities.
Subtitle B-Employee Assistance Programs
Sec. 2101. Employee assistance programs.
Subtitle C-Indian Alcohol and Substance
Abuse Prevention and Treatment
Sec. 2201. Amendments. to Indian Alcohol
and Substance Abuse Preven-
tion and Treatment Act of
1986.
Sec. 2202. Definitions.
Sec. 2203. Amendment and revision of tribal
development plan.
Sec. 2204. Authorization of appropriations
for grants.
Sec. 2205. Leasing of tribal property.
Sec. 2206. Indian education programs.
Sec. 2207. Emergency shelters and halfway
houses.
Sec. 2208. Certain Illegal narcotics traffick-
ing.
Sec. - 2209. law enforcement and judicial
training.
Sec. 2210. Treatment of juvenile offenders.
Sec. 2211. Juvenile detention centers.
Sec. 2212. Indian Health Service youth Pro-
gram.
Sec. 2213. Training and community educa-
tion.
Sec. 2214. Navajo alcohol rehabilitation pro-
gram.
Sec. 2215. Urban Indian megrim.
Sec. 2216. Office of Alcohol and Substance
Abuse.
Sec. 2217. Contract health services.
Sec. 2218. Newsletter.
Sec. 2219. Rule of construction.
Subtitle fl-Native Hawaiian Health Care
Sec. 2301. Short title.
Sec. 2302. Findings.
Sec. 2303. Comprehensive health care
master plan for Native Hawai-
ians.
Sec. 2304. Native Hawaiian health centers.
Sec. 2305. Administrative grant for Papa
Ola LokatiL
Sec. 2306. Administration of grants and con-
tracts.
Sec. 2307. Assignment of personnel.
Sec. 2308. Definitions.
Sec. 2309. Rule of construction.
Sec. 2310. Repeal of demonstration project.
Sec. 2311. Compliance with Budget Act.
Sec. 2312. Severability.
Subtitle E-Provisions Relating to Certain
Drugs.
Sec. 2401. Forfeiture and Illegal trafficking
In steroids.
Sec. 2402. Comptroller General report an
use of anabolic steroids and
human growth hormones.
Sec. /403. Prohibited distribution of anabol-
ic steroids.
Sec. 2404. Banning of butyl nitrite.
Sec. 2405. Establishment of task force and
protection of public health
with respect to illegal drug lab-
oratories.
Subtitle F-Certain Provisions With
Respect to Veterans
Sec. 2501. Evaluation of the Veterans' Ad-
ministration inpatient and out-
patient drug and alcohol treat-
ment program.
Sec. 2502. Veterans' Adniinistration drug
and alcohol treatment pro-
Subtitle G-leacellaneous Health
Amendments
Sec. 2600. Effective date.
alarm 1-1ECTINTCAL AND CONTORIMIM
AMENDMENTS TO MK= OKRIBUS PROGRAMS
EXTINSION OP 15511
Sec. 2601. Certain references.
Sec. 2602. Amendments to title IL
Sec. 2603. Amendments to title VI.
Sec. 2604. Amendments to title VII.
Sec. 2605. Amendments to title IX.
=API= 2-TECHITICAL AND COWORKERS
AMENDIUSITE TO THE PUBLIC HEALTH EMT=
ACT
Sec. 2611. Certain references.
Sec. 2612. Amendments to title M.
Sec. 2613. Amendments to title IV.
Sec. 2614. Amendments to title V.
Sec. 2615. Amendments to title VII.
Sec. 2616. Amendments to title VIII.
Sec. 2617. Amendments to title =EL
Sec. 2618. Amendments to title =V.
Sec. 2619. Amendments to first title XXV.
Sec. 2620. Amendments to second title XXV
and to certain other provisions.
CRAMS 3-TECHNICAL AND CONFORSONG
AllIZNDKIINT TO FiDDRAL moo, BEMS. END
COSMETIC ACT
Sec. 2631. Amendment to section 903.
CHAPTER 4-MI5CILLAND3011
Sec. 2841. Miscellaneous.
Salads A-Prowisions Relating to Public Health
Service Act
SEC. nin. Slum WILE.
This subtitle may be cited as the "Com-
prehensive Alcohol Abuse, Drug Abuse. and
Mental Health Amendments Act of 1988"
SEC 2012. PURYGSES.
The purposes of this subtitle with respect
to substance abuse are-
(1) to prevent the transmission of the etio-
logic agent for acquired Amman deficiency
syndrome by ensuring that treatment serv-
ices for intravenous drug abuse are available
to intravenous drug abusers:
(2) to continue the Federal Government's -
partnership with the States in the develop-
ment, maintenance, -and improvement of
community-based alcohol and drug abuse
programs;
(3) to provide !instil/4AI and ter-halal as-
sistance to the States and communities in
their efforts to develop andinaintaibit core
of prevention services for the purpose of re-
ducing the incidence of substance abuse and
the demand for alcohol and drug abuse
treatment
(4) to assist and encourage States in the
initiation and expansion of prevention and
treatment services to underserved popula-
tions:
(5) to increase, to the greatest . extent pos-
sible, the availability .and quality of treat-
ment services so that treatment on request
may be provided to all individuals desiring
to rid themselves of their substance abuse
problem: and
October 21, 1.988
(6) to increase understanding about the
extent of alcohol abuse and other forms of
drug abuse by expanding data collection ac-
tivities and supporting research on the com-
parative cost and efficacy of substance
abuse prevention and treatment services.
CHAPTER I-REVISION AND EXTENSION OF
ALCOHOL AND DRUG ABUSE AND MENTAL
HEALTH SERVICES BLOCK GRANT
SEC len. AtTruoitIZATiou OF APPROPRIATIONS
Section 1911 of the Public Health Service
Act (42 USX 300x) is amended to read as
follows:
"AVENORIZATTON OP APPROPRIATIONS
"Sac. 1911. (a)(1) For the purpose of car-
rying out this subpart and section 509D,
there are authorized to be appropriated
11.500.000.000 for fiscal year 1989 and such
sums as may be necessary for each of the
fiscal years 1990 and 1991.
? "(2) For the purpose of carrying out sec-
tion 50913 and sections 1921 through 1923.
the Secretary shall obligate not less than 5
percent, and not more than 15 percent, of
the amounts appropriated for a fiscal year
pursuant to subsection (a).".
SEC. 2022, FORMULA FOR smarming.
(a) ESTMILISHMENT or Poinstrts.--SubPart
I of part B of title XIX of the Public Health
Service Act is amended by inserting after
section 1912 the following new section:
"Sac. 1912A. (a)(1) Subject to subsections
(b) and (e). the Secretary shall determine
the amount of the allotment under this sub-
part for a State for a fiscal year in accord-
ance with the following formula:
"(2) For purceses of the formula specified
In paragraph (1), the term 'A' means the dif-
ference between-
"(A) an amount equal to the amount ap-
propriated pursuant to section 1911 for al-
lotments under this subpart for the fiscal
year involved: and
"(B) an amount equal to 1.5 percent of the
amount referred to in subparagraph (A).
"(3) For purposes of the formula specified
In paragraph (1). the term 'II' means the
sum of the respective terms 'X' determined
for each State under paragraph (4).
"(4)(A) For purposes of the formula speci-
fied in paragraph (1), the term 'X' means
the product of-
"(I) an amount equal to the term 'P' as de-
termined under subparagraph (B); and
"(U) the greater of-
"a) 0.4: and
"(u) an amount equal to an amomit deter-
mined in accordance with the following for-
mula:
-.351-
S )
"(B) For purposes of subparagraph (AHD,
the term 'P' means the sum of -
"(I) an amount equal to the product of -
"(I) 0.4: and
"(U) an amount equal to the population
living in urbanised areas of the State in-
volved, as indicated by the most recent data
collected by the Bureau of the Census:
"(U) an amount equal to the product of -
"(I) 0.2; and
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October 21, 1988 CONGRESSIONAL RECORD ? HOUSE
"(II) an amount equal to the number of
Individuals in the State who are between 18
and 24 years of age, as indicated by the most
recent data collected by the Bureau of the
Census;
"(iii) an amount equal to the product of?
"(I) 0.2; and
"(II) an amount equal to the number of
individuals in the State who are between 25
and 44 years of age, as indicated by the most
recent data collected by the Bureau of the
Census: and
"(iv) an amount equal to the product of?
"(I) 0.2; and
"(II) an amount equal to the number of
individuals in the State who are between 25
and 64 years of age, as indicated by the most
recent data collected by the Bureau of the
Census.
"(C) For purposes of the formula specified
in subparagraph (A)(11)(II), the term '8'
means the quotient of?
an amount equal to the most recent 3-
year average of the total taxable resources
of the State. as determined by the Secretary
of the Treasury; divided by
? "(ii) an amount equal to the term 12' as
determined under subparagraph (B).
"(D) For purposes of the formula speci-
fied in subparagraph Gtxuxn), the term 'N'
means the quotient of?
"(I) an amount equal to the sum of the re-
spective amounts determined for each State
under subparagraph (C)(1); divided by
"(II) an amount equal to the sum of the
respective terms 'P determined for each
State under subparagraph (B).
"(b) Each State shall receive a minimum
allotment under this subpart of the leaser
of?
"(1) $7,000.000; and
"(2) an amount equal to 105 percent of the
sum of?
"(A) the amount the State received under
section 1913 for fiscal year 1988 (as such
section was in effect for such fiscal year);
and
"(B) the amount the State received under
part C for fiscal year 1988.".
(b) Tatarroams AND Czerant Szr-Asroz.?
Section 1912A of the Public Health Service
Act, as added by subsection (b) of this sec-
tion. is amended by adding at the end the
following new subsection:
"(c)(1) The allotment for a territory of
the United States under this subpart for a
fiscal year shall be the greater of?
"(A) $100,000; and
"(B) an amount determined in accordance
with paragraph (2).
"(2) The amount referred to in paragraph
(1)(B) is the product of?
"(A) an amount equal to the amounts re-
served under paragraph (3); and
"(B) a percentage equal to the quotient
of-.
"(I) the population of the territory in-
volved, as indicated by the most recently
available data; divided by
"(ii) the aggregate population of the terri-
tories of the United States, as indicated by
such data. ?
"(3) The Secretary shall reserve for the
territories of the United States 1.5 percent
of the amounts appropriated pursuant to
section 1911 for allotments under under this
subpart for the fiscal year involved.
"(d)(1) Of the amount allotted to the
State of Hawaii under this section, an
amount equal to the proportion of Native
Hawaiians residing in the State of Hawaii to
the total population of the State of Hawaii
shall be available under this section only for
Native Hawaiians.
"(2) The amount made available under
paragraph (1) may be expended only
through contracts entered into by the State
of Hawaii with public and private nonprofit
organizations to enable such organizations
to plan, conduct, and administer compre-
hensive substance abuse and treatment pro-
grams for the benefit of Native Hawaiians.
In entering into contracts under this subsec-
tion, the State of Hawaii shall give prefer-
ence to Native Hawaiian organizations and
Native Hawaiian health centers.
'(3) For the purposes of this subsection,
the terms 'Native Hawaiian', "Native Hawai-
ian organization', and 'Native Hawaiian
health center' have the meaning given such
terms in section 2308 of subtitle D of title II
of the Anti-Drug Abuse Act of 1988.".
(c) TRANSITION Rums TOR STATXS.?EISC-
tion 1912A of the Public Health Service Act,
as added by subsection (a) of this section
and amended by subsection (b) of such sec-
tion, is amended by adding at the end the
following new subsections:
"(eX1) For fiscal years 1989 through 1992,
If the amount available for allotment from
appropriations under section 1911 does not
exceed the amount applicable under subsec-
tion (f) for the fiscal year involved, the
amount of the allotment under this subpart
for the State for such fiscal year shall be
the product of?
"(A) the amount appropriated under sec-
tion 1911 for such fiscal year; and
"(B) a percentage equal to the quotient
of ?
"(I) an amount equal to the amount of the
allotment under this part for the State for
fiscal year 1984; divided by
"(11) an amount equal to the amount ap-
propriated for allotments under this part
for fiscal year 1984.
"(2) For the fiscal years referred to in
paragraph (1), if the amount available for
allotment from appropriations under sec-
tion 1911 exceeds the amount applicable
under subsection (f) for the fiscal year in-
volved?
"(A) the amount of such excess shall be
allotted in accordance with subsection (a),
except that the amount referred to in sub-
section (a)(2)CA) shall be deemed to be an
amount equal to the amount of such excess
for the fiscal year involved; and
"(B) the amount equal to or less than
such applicable amount shall be alloted in
accordance with paragraph (1).
"(f) For purposes of subsection (e)?
"(1) the applicable amount for fiscal year
1989 is $330.000,000:
"(2) the applicable amount for fiscal year
1990 is $250,000.000;
"(3) the applicable amount for fiscal year
1991 is $200.000.000; and
"(4) the applicable amount for fiscal year
1992 is $100.000,000.
"(g)(1XA) For purposes of this subpart,
the term 'State' means, except as provided
in subparagraph (B), each of the several
States, the District of Columbia, and each
of the territories of the United States.
"(B) For purposes of subsections (a), (b),
(e). and (1), the term 'State' means each of
the several States and the District of Co-
lumbia.
"(2) The term 'territories of the United
States means each of the Commonwealth of
Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the
Northern Mariana Islands, the Trust Terri-
tory of the Pacific Islands, and any other
territory or possession of the United States.
"(h) Effective October 1, 1992, this subsec-
tion and subsections (e) and (f) are re-
pealed.".
(d) THOM= AND Conromento A3O2fD-
aanTs.?Section 1913 of the Public Health
Service Act is amended?
(1) by striking paragraphs (1) through (3)
of subsection (a);
H 11115
(2) in subsection (a). as amended by para-
graph (1) of this subsection, by striking the
paragraph designation; and
(3) in the section heading, by inserting
before "au.orrascrs" the following: "mo-
rale PROVISIONS WITH RESPECT TO".
(e) Pararercrs.--Section 1914(a)(2) of the
Public Health Service Act (42 U.S.0 300x-
2(a)) is amended to read as follows:
"(2) Any amounts paid to a State under
this section, obligated by the State, and re-
maining unexpended at the end of the fiscal
year for which the amounts were paid shall
remain available during the succeeding
fiscal year to the State for carrying out this
subpart.".
SEC. MEL SET-ASIDE FOR FISCAL YEAR DM FOR
TREATMENT FOR SUBSTANCE ABUSE.
Section 1912A of the Public Health Serv-
ice Act, as added by section 2022, is amended
by adding at the .end the following new sub-
section:
"(1)(1) For fiscal year 1989, the Secretary
may not make payments to a State from
amounts appropriated in the Anti-Drug
Abuse Act of 1988 for allotments under this
subpart unless the State agrees that?
"(A) such payments will be expended only
for the purpose of carrying out programs
for substance abuse; and
"(B) in carrying out such programs, the
State will expend not less than 50 percent of
such payments to carry out the programs of
treatment for intravenous drug abuse de-
scribed in section 1915(c).
"(2) The Secretary may, upon the request
of a State, waive all or part of the require-
ment established in paragraph (1)(B) for
the State if the Secretary determines that
the incidence of intravenous drug abuse in
the State does not require the level of fund-
ing required in such paragraph. The Secre-
tary shall act upon a request for such a
waiver not later than 120 days after the
date on which the request is made. The Sec-
retary may approve such request only after
providing interested persons in the State an
opportunity to comment upon the request.".
SSC. 2034. CONSTRUCTION OF SUBSTANCE ABUSE
FAcILITIEs.
Section 1915(b) of the Public Health Serv-
ice Act (42 U.S.0 300x-la(b)) is amended by
amending the matter after and below para-
graph (5) to read as follows:
"The Secretary may, with respect to funds
available under this subpart for programs
relating to substance abuse, grant a waiver
to a State to use such amounts for the con-
struction of a new facility or rehabilitation
of an existing facility, but not for land ac-
quisition. The Secretary may approve a
waiver only if the State demonstrates to the
Secretary that adequate treatment cannot
be provided through the use of existing fa-
cilities and that alternative facilities in ex-
isting suitable buildings are not available. In
granting such a waiver. the Secretary shall
allow the use of a specified amount of funds
to construct or rehabilitate a specified
number of beds for residential treatment
and a specified number of slots for outpa-
tient treatment, based on reasonable esti-
mates by the State of the costs of construc-
tion or rehabilitation. In considering waiver
applications. the Secretary shall ensure that
the State has carefully designed a program
that will Minimize the costs of additional
beds. The Secretary may grant a waiver
only if the State agrees, with respect to the
costs to be incurred by the State in carrying
out the purpose of the waiver, to make
available non-Federal contributions in cash
toward such costs in an amount equal to not
less than $1 for each $1 of Federal funds
provided under section 1914. The Secretary
shall act upon a request for such a waiver
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CONGRESSIONAL RECORD ? HOUSE , October 21. 1988
not later than 120 days after the date on
which the request is made.".
SEC. arts. PREVENTION AND TREATED?! WITH RE-
SPECT TO INTRAVENOUS DRUG
ABUSE.
Section 1915(c) of the Public Health Serv-
ice Act (42 U.S.0 300x-3(e)) is amended to
read as follows:
"(c)(1) Amounts paid to a State under Bee-
thin 1914 may be used by the State?
"(A) to develop, implement, and operate
programs of treatment for intravenous drug
abuse, with priority given to programs to
treat individuals infected with the etiologic
agent for acquired immune deficiency syn-
drome:
"(B) to train drug abuse counselors, and
other health care providers. to Provide such
treatment and
"(C) with respect to individuals in need of
treatment for drug abuse, to carry out out-
reach activities for the purpose of encourag-
ing such individuals to undergo such treat-
ment.
"(2) A State may not use amounts under
this subpart pursuant to this subsection
unless the State involved agrees that arch
payments will not be expended?
"(A) to carry out any program of distrib-
uting sterile needles for the hypodermic in-
jection of any illegal drug or distributing
bleach for the purpose of cleans:bre needles
for such hypodermic injection: and
"(B) to carry out any testing for the etio-
logic 'gent for acquired immune deficiency
syndrome unless such testing is accompa-
nied by appropriate pre-teat counseling and
appropriate post-test counseling.".
SEC. lem LIMITATIMv ON ADMORETRATIVE
maim
Section 1915(d) of the Public Health Serv-
ice Act (42 U.S.0 300x4(d)) is amended by
striking "10 percent" and inserting "5 per-
cent".
SEC. TETT. NEW MENTAL HEALTH BMW= AND
ytiogirama.
Section 1916(eX2) of the Public Health
Service Act (42 U.S.0 300x-4(cX2)) is emend-
ed to read as follows
-(2)(A) Of the amounts allotted to a State
f or mental health activities under this part
for fiscal year 1991. the State agrees to use
not less than 55 percent to develop and pro-
vide community mental health services and
programs not available on October 1. 1988,
and shall, with respect to each each service
provided pursuant to this paragraph, pro-
vide funds for each service only for a limited
period of time las determined by the State).
except that funds expended under this part
f or new services developed between October
1. 1984. and October 1. 1988, may be treated
as a new service under this paragraph.
"(B) A State may request a waiver from
the Secretary reducing the new service re-
quirement established in subparagraph (A)
to not less than 35 percent by 1991, in-
creased to 55 percent by 1994. according to a
schedule approved by the Secretary. If?
"(MD a public hearing is held in the State
on the advisability of proceeding with a
waiver prior to the submission of a waiver;
and
"(II) the mental health planning council
in the State approves such waiver request
and
"atm) the State is judged by the Secre-
tary to be in a financial crisis, based on ob-
jective standards established in regulations
promulgated by the Secretary (such stand-
ards may include a large drop a State reve-
nues as a result of changes in economic con-
ditions);
"(ID more than 15 percent of Use State's
total community mental health budget is
derived from Federal grants under this part
and the Secretary determines that it is not
feasible for the State to meet the 55 percent
standard without substantial and damaging
reductions In existing, high priority services:
or
"MD the Secretary determines that a
State has demonstrated substantial ongoing
development of new, innovative services for
priority populations and that any shift in
funding percentages will only disrupt this
process and will substantially disrupt serv-
ices in place.".
tors. INDEPENDENT PEER REVIEW AND
MANNER OF coitruarics.
Section 1916. of the Public Health Service
Act (42 U.S.0 300x-4) is amended:
(1) in paragraph (5). by amending such
paragraph to read as folksy':
"(5) the State will provide for periodic in-
dependent peer review to assess the quality
and appropriateness of treatment services
provided by entities that receive funds from
the State pursuant to this subpart": and
(2) by striking the matter after and below
paragraph (15).
SEC. LEO. INTIMEMIE ALLOCATIONS.
Section 1916(cX8) of the Public Health
Service Act (42 U.S.0 300x-4tenlin is aniend-
ed?
(1) in subparagraph (AXE)?
(A) by striking "Act and" after "Health
Systems" and inserting "Azt,"; and
(B) by inserting before the period the fol-
lowtn in fiscal year 1968 under part C of
this title (as in effect on September 30.
1988) and in fiscal year 1989 under appro-
priations made in the Anti-Drag Abuse Act
to carry out this pact.; and
(2) in subparagraph (B), by striking "75
percent" and tnserting -90 percent".
SEC. sine. swam= Yon sERviat3 rim nentirra
Roth DWG mum
Section 19141(eX7)(B) of the Public Health
Service Mt 17.13.0 300x-4(cX7XB)) is
amended by inserting after and below sub-
paragraph (B) the following:
"For fiscal year 1990 and subsequent fiscal
years. the State agrees that, of the amounts
reserved by the State to carry out subpara-
graph (B), the State will use not less then
50 percent to provide services described in
section 1915(e).".
IllinnERJUrCE or EireoWL
Section 1916(0(11) of the Public Eiealth
Service Act (42 U.S.0 300x-4(cX11-)) is
amended to read as follows:
"(11RA) The State agrees that the State
will maintain State expenditures for serv-
ices provided pursuant to this subpart at a
level equal to not less than the average level
of such expenditures maintained by the
State for the 2-year period preceding the
fiscal year for which the State is applying to
receive payments under section 1914.
"(13) The Secretary may, upon the request
of a State. waive the requirement estab-
lished In subparagraph (A) if the Secretary
determines that extraordinary ecanomic
conditions in the State justify the waiver.".
SEC. sat graaging FOR WOrgoi AND MIAMI.
Section 1916(c)(14) of the Public Health
Service Act (42 U.S.0 3001-4(cX14)) is
amended to read as follow
"(14) Of the amount allotted to a State
under this part in any fiscal year. the State
agrees to use not less than le percent for
programs and services designed for women
(especially pregnant women and women
with dependent children) and demonairs-
non projects for the provision of residential
treatment services to pregnant women.".
SEC. ins. SET-MEDE MR MENTAL HEALTH SERV-
lc= FOR CHILDREn.
Section 1916( cX15) of the Public Health
Service Act (42 U.S.0 300x-4(eX14)) is
amended to read as follows:
"(15) Of the amounts allotted in any fiscal
year for mental health services under this
subpart, the State agrees?
"(A) to use not less than 10 percent to pro-
vide services and programs for seriously
emotionally disturbed children and adoles-
cents: and
"(B) to use, by the end of fiscal year 1990,
not less than 50 percent of the amount re-
served by the State pursuant to subpara-
graph (A) to provide new or expanded serv-
ices and programs that were not available
prior to October 1,1988".
SEC. 2034. CERTAIN REQUIRED aorigrincreis.
Section 1916(c) of the Public Health Serv-
ice Act (42 U.S.0 300x-4(c)) is amended by
adding after Paragraph (15) the following
new paragraphs:
"(16) The State agrees that the State will.
with respect to programs of treatment for
Intravenous drug abuse, require that any
such program receiving funds pursuant to
this part, upon reaching 90 percent of its ca-
pacity to admit individuals to the Program,
provide to the State a notification of such
fact.
"(17) The State agrees that the State will,
with respect to notifications under para-
graph (16), ensure that, to the maximum
extent practicable, each individual who re-
questa and is in need of treatment for intra-
venous drug abuse ia admitted to a Program
described in such paragraph within 7 dare
after making the request.
-(13) The State agrees that the State will
require any program receiving funds pursu-
ant to this part to carry out outreach activi-
ties described in 1915(cX1XC).
"(19) The State agrees that, in carrying
out this subpart with respect to substance
abuse. payments under sectarn 1914 wIll be
targeted to communities with the highest
prevalence of substance abuse or the great-
est need for treatment services with respect
to ouch abuse, as determined by the State
after consideration of ?
"(A) the demand for such services or a
need for such services that exceeds the ca-
to provide such service=
"(B) a high prevalence of drug-related
criminal activities: and
"(C) a high incidence of communicable
diseases transmitted through intravenous
drug
'20) The The /hate agrees that the State will
provide to the Secretary any data required
by the Secretary pursuant to section 509D
and will cooperate with the Secretary in the
development of uniform criteria for the col-
lection of data pursuant to such section.
"(21) The State agrees to devise and make
available at such times as the Secretary may
request, a plan that describes how the State
can provide services to all individuals seek-
ing treatment services if sufficient resources
are available and an estimate of the finan-
cial and personnel resources necessary to
provide such treatment.".
2035. REQUIESMENTMENTAL HEALER Mavis= PLAN-
NING comm.
(a) Is Oramaat?Section 1916(f) of the
Public Health Service Act (42 U.S.0 300x-
- 4(f)) is amended to read as follows:
'Via) The State agrees to establish and
maintain a State mental health planning
council in accordance with this subsection.
iy"mi.(2)0T1t:rmye ditilitiesindlovif thduaisrli:unseverecil Wally emotion-
ally"(A) to serve as an advocate for chronical-
ally disturbed children and youth, and other
Individuals with mental illnesses or emotion-
al problems: and
-(B) to monitor, review, and evaluate, not
leas than once each year. the allocation and
adequacy of mental health services within
the (State.
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October 21, 1988 CONGRESSIONAL RECORD ? HOUSE
"(3) The Council will be coosposed of resi-
dents of the State, including rePvesentatives
of ?
"(i) the principal State agencies with re-
spect to?
"(I) mental health, education, vocational
rehabilitation, criminal justice. housing. and
social services: and
"(Il) the development of the plan submit-
ted pursuant to title XIX of the Social Se-
curity Act:
"(ii) public and private entities concerned
with the need, planning, oPeration, funding.
and use of mental health services and relat-
ed support services:
"(iii) chronically mentally ill individuals
who are receiving (or have received) mental
health services: and
"(iv) the families of such individuals.
"(4) Not less than 50 percent of the mem-
bers of the Council will be individuals who
are not State employees or providers of
mental health services.
"(5) The Council may assist the State .in
the preparation of the description of intend-
ed expenditures required in section 1925.".
(b) CONFORMING AMENDICENT.?SectIon
1916 of the Public Health Service Act (42
U.S.0 300x-4) is amended?
(1) by striking subsection (e); and
(2) by redesignating subsections (f)
through (h) as subsections (e) through (g),
respectively.
SEC. 2035. GROUP HOMES FOR RECOVERING SUB-
STANCE ABUSERS.
Subpart I of part B of title = of the
Public Health Service Act (42 U.S.0 300x) is
amended by inserting after section 1916 the
following new section:
"GROUP BOSOM FOR encomium SUBSTANCE
ABUSERS
"Sec. 1916A. (a) For fiscal year 1989, the
Secretary may not make Payments under
section 1914 unless the State involved
agrees?
"(1) to establish, directly or through the
provision of a grant or contract to a non-
profit private entity, a revolving fund to
make loans for the costs of establishing pro-
grams for the provision of housing in which
individuals recovering from alcohol or drug
abuse may reside in groups of not leas than
4 individuals:
"(2) to ensure that the programs are car-
ried out in accordance with guidelines issued
under subsection (c);
"(3) to ensure that not less than $100,000
will be avaPeble for the revolving fund;
"(4) to ensure that each loan made from
the revolving fund does not exceed .$4000
and that each such loan is repaid to the re-
volving fund not later than 2 years after the
date on which the loan is made;
"(5) to ensure that each such loan is
repaid through monthly installments and
that a reasonable penalty is assessed for
each failure to pay such periodic Install-
ments by the date specified in the loan
agreement involved; and
"(6) to ensure that such loans are made
only to nonprofit private entities agreeing
that, in the operation of the program estab-
lished pursuant to the loan?
"(A) the use of alcohol or any Mega] drug
in the housing provided by the program will
be prohibited;
"(B) any resident of the housing who vio-
lates such prohibition will be expelled from
the housing
"(C) the costs of the housing, Including
fees for rent and utilities, will be paid by the
residents of the housing; and
"(D) the residents of the -housing will,
through a majority vote of the residents.
otherwise establish policies governing resi-
dence in the housing, including the manner
in which applications for residence In the
housing are approved.
"(b) For fiscal year 1990 and subsequent
fiscal years. the Secretary may not make
payments under section 1914 unless the
State involved provides assurances satisfac-
tory to the Secretary that the State has
provided for the establishment and ongoing
operation of a revolving fund in accordance
with subsection (a).
"(c) Not later than 90 days after the date
of the enactment of the Comprehensive Al-
cohol Abuse, Drug Abuse, and Mental
Health Amendments Act of 1988, the Secre-
tary, acting through the Administrator,
shall issue guidelines for the operation of
programs described in subsection (a).".
SEC. vas REPORT AND AUD/TS.
(a) REPORTING INT STATZS.-.-
( 1) Section 1917(a) of the Public Health
Service Act (42 U.S.0 300x-5(a)) is amend-
ed?
(A) by striking "(1)" after "(a);
(B) by striking paragraph an and
(C) by 'striking "(14) and (15)" and insert-
ing "(2). (14), and (15)".
(2) Section 1916(g) of the Public Health
Service Act (42 U.S.0 300x-4(g)) is amended
by striking "(14) and (15)" and inserting
"(2), (14). and (15)".
(b) Ramis sr Smurriter.--Sectice
1917(bX6) of the Public Health Service Act
(42 U.S.0 300x-5(b)(8)) is amended by strik-
ing "1986" and insert "1990".
SEC. 2038. TECHNICAL ASSISTANCE.
Title XIX of the Public Health Service
Act (42 U.S.0 300x et seq.) is amended?
(1) by striking part C; ?
(2) by resiesignatixtg sections 1920A as sec-
tion 1921;
(3) by redesignating .sections 1920B
through 1920E as sections 1924 through
1927, respectiveir
(4) in section 1924 (as so redesignated), by
striking "section 1920C' each place it ap-
pears and inserting "section 1925";
(5) in section 1928 (as so redesignated), by
striking "section 1920C" each place it ap-
pears and inserting "section 1925"; and
(6) by amending section 1921 (as so redes-
ignated) to read as follow
TajiicAL ASSISTANCZ
Sec. 1921. The Secretary shall, without
charge to a State receiving payments under
this subpart, provide to the State tor to any
public or nonprofit private entity designat-
ed by the State) technical assistance with
respect to the planning, development, and
operation of any program or service carried
out pursuant to this subpart.. The Secretary
may provide such technical assistance di-
rectly, through contract, or through
SEC. ins. SERVICE RESEARCH ON COMMUNITY-
BASED ALCOHOL AND DRUG ABUSE
TREATMENT PROGRAMS.
(a) IN CIENESAL.?Part B of title = of
the Public Health Service Act (42 U.S.C.
300x et seq.), as amended by section 2038 of
this Act, is further amended by adding after
section 1921 the following new section:
"SERVICE RESEARCH ON COMMUNITT-BASED
AL-
COHoL AND DRUG ABUSE 21tELTMENT PRO-
GRAMS
"figc. 1922. The Secretary, acting through
the Director of the National Institute on Al-
cohol Abuse and Alcoholism and the Direc-
tor of the National Institute on Drug Abuse,
shall evaluate alcohol and drug abuse treat-
ment programs to determine the quality
and appropriateness of various forms of
treatment. including the effect of hying In
housing provided by programs established
pursuant to section 1916A. Such programs
shall be carried out through grants, con-
tracts, or cooperative agreements provided
to public and nonprofit private entities. In
carrying out this section, the Secretary
shall assess the quality, appropriateness,
and costs of various treatment forms for
specific patient groups.".
(b) Ragouts:awn or PLAN.?Not later than
6 months after the date of the enactment of
the Comprehensive Alcohol Abuse. Drug
Abuse, and Mental Health Amendments Act
of 1988, the Secretary of Health and Human
Services shall submit to the Committee on
Energy and Commerce of the House of Rep-
resentatives. and to the Committee on
Labor and Human Resources of the Senate,
a plan for the program to be established
under section 1922 of the Public Health
Service Act, as added by subsection (a) of
this section.
SEC. Wim. SERVICE RESSARCH or COMMUNITY-
BASED MENTAL HEALTH TREATMENT
MIOCENE&
Part B of title XIX of the Public Health
Service Act (42 U.S.C. 300x et seq.), as
amended by section 2038 of this Act, is fur-
ther amended by adding after section 1921
the following new section:
"MIMI PAICAOCIII OR COMROIRTPOJCIOD /11ZOTIL
En= SIONMIMOIT POOGRAMS
.111E. 1923. (*.Xi) The Secretary. acting
through the Director of the National Insti-
tute of Mental Health, shall develop and
maintain an ongoing Prottram of research
on community mental health programs and
services. Such program shall include an
evaluation of?
"(A) the most effective methods of provid-
ing community-based prevention, treatment,
and rehabilitation services for the mentally
Ili; and
"(B) the quality, appropriateness, and
costs of different methods of treatment uti-
lized in such programs with respect to diag-
noses of mental illness for which such pro-
grams provided treatment.
"(2) Research and evaluations required in
paragraph (1) may be carried out through
grants, contracts, or cooperative agree-
ments.
"(b) The Director of the National Insti-
tute of Mental Health may. to the extent
practicable, establish research centers to
carry out the evaluations required in suinee-
lion (a)(1). Such research centers shall es-
tablish and maintain liaisons with coinnsimi-
ty mental health systems that provide serv-
ices to the mentally ilL
"(c)(1) The Administrator shall develop
and make available, from time to time, a
model plan for a community-based system
of care for chronically mentally M individ-
uals. Such plan shall be developed in consul-
tation with State mental health directors,
providers of mental health services. chron-
ically mentally ifi individuals, advocates for
such individuals, and other interested par-
ties.
- "(2) The Administrator, in cooperation
with members of the insurance induistry,
other members of the business conniumity,
and the Director of the Office of Persormel
Management, shall develop a model Insur-
ance plan for consideration for adoption by
such Director and the Congress. In develop-
ing such a plan, the Secretary shall consider
the costs and benefits of alternative de-
signs.".
SEC. 2041. STATE COMPREHENSIVE MENTAL
HEALTH SERVICE PLAN.
(a) Amenvesnuasst Eximeses.?Section
1925(d) of the Public Health Service Act, as
redesignated by section 2038, Is amended to
read as follows:
"(d) The amount referred to in subsec-
tions (a). (b). and (c) with respect to a State
Is the total amount that the State is permit-
ted to expend for administrative =Perms
under section 1915(d) for fiscal year 1986
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11 11118 CONGRESSIONAL RECORD ? HOUSE
from amounts paid to the State under sub-
part 1 for such fiscal year. If in the Judg-
ment of the Secretary the State is making a
good faith effort to comply With this sub-
part. the Secretary may assess the State a
penalty that is less than the maximum pen-
alty, but in no event shall the penalty be
less than 2 percent of the amount the State
Is permitted to expend for administrative
expenses.".
(b) REPORT?Not later than September 30.
1990. the Comptroller General of the Gen-
eral Accounting Office shall prepare and
submit to the Committee on Energy and
Commerce of the House of Representatives
and the Committee on Labor and Human
Resources of the Senate. a report that?
(1) evaluates the status of the implemen-
tation of section 1920C of the Public Health
Service Act (42 U.S.C. 300x-11) requiring
State Mental Health Services Plans; and
(2) includes an assessment of?
(A) the number of States that have sub-
!flitted such plans:
(B) the number of States that have imple-
mented the plans submitted by such States;
(C) the efficacy of the plans that have
been implemented in achieving effective, or-
ganized community-based systems of care
for seriously mentally ill individuals; and
(D) recommendations on additional legis-
lation that is necessary to facilitate the
achievement of the goals of this title.
CHAPTER II?REVISION AND EXTENSION OF
CERTAIN PROGRAMS OF ALCOHOL. DRUG
ABUSE, AND MENTAL HEALTH ADMINIS-
TRATION
SEC. 2051. OFFICE FOR SUBSTANCE ABUSE PREVEN-
TION.
(a) Fumnis.?Section 508(d) of the Public
Health Service Act (42 U.S.C. 290aa-6(d)) is
amended to read as follow=
"(dX1) For the purpose of carrying out
this section and sections 509, 509A. and
509? there are authorized to be appropri-
ated $95,000,000 for fiscal year 1989 and
such sums as may be necessary for each of
the fiscal years 1990 and 1991.
"(2) Of the amounts appropriated
pursu-
ant to paragraph (1) for a fiscal year, the
Secretary shall make available not leas than
$5,000.000 to carry out paragraphs (5) and
(11) of subsection (b).".
(b) RZVIBION OP CIIRTAIN Annustrrna.?
Section 508(b) of the Public Health Service
Act (42 U.S.C. 290aa-8(b)) is amended?
(1) by amending paragraph (5) to read as
follows:
"(5) support clinical training Programs for
substance abuse counselors and other
health professionals involved in drug abuse
education, prevention, and intervention;";
and
(2)(A) by striking "and" at the end of
Paragraph (8);
(B) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following
new paragraph:
"(10)(A) provide assistance to communi-
ties to develop comprehensive long-term
strategies for the prevention of substance
abuse; and
"(B) evaluate the success of different com-
munity approaches towards the prevention
of substance abuse: and".
(C) TRAINING OF PZIGIONNICL TO TRZAT
STANCE Asum?Section 508(b) of the Public
Health Service Act (42 U.S.C. 290aa-8(b)), as
amended by subsection (b) of this section, is
further amended by adding at the end the
following new paragraph:
"(11) through schools of health profes-
sions, schools of allied health professions,
schools of nursing, and schools of social
work, carry out programs?
"(A) to train individuals in the diagnosis
and treatment of alcohol and drug abuse;
and
"(B) to develop appropriate curricula and
materials for the training described in para-
graph (1).".
(d) MGR Rim YoUTH.--Section 509(A) of
the Public Health Service Act (42 U.S.C.
290aa-8(b)) is amended?
(1) in subsection (b), by adding at the end
the following new paragraph:
"(5) In making grants under this section.
the Secretary shall give priority to applica-
tions that employ research designs adequate
for evaluating the effectiveness of the pro-
gram."; and
(2) in subsection (f)?
(A) in paragraph (8). by striking "or";
(B) by amending paragraph (9) to read as
follows:
"(9) has experienced long-term physical
pain due to inJurY: or": and
(C) by adding at the end the following
new paragraph.
"(10) has experienced chronic failure in
school.".
SEC. MU. REQUIREMENT OF ANNUAL COLLECTION
By SECRETARY OF CERTAIN DATA
WITH REt3PECT TO MENTAL ILLNESS
AND SUBSTANCE ABUSE.
(s) In GICNINAL.?Part A of title V of the
Public Health Service Act (42 U.S.C. 290m
et seq.) is amended by adding at the end the
following new section:
"DATA COLLECTION
"Sic. 509D. (a) The Secretary, acting
through the Administrator, shall collect
data each year on?
"(1) the national incidence and prevalence
of the various .forms of mental illness and
substance abuse; and
"(2) the incidence and prevalence of such
various forms in major metropolitan areas
selected by the Administrator.
"(b) With respect to the activities of the
Administrator under subsection (a) relating
to mental health. the Administrator shall
ensure that such activities include, at a min-
imum, the collection of data on?
"(1) the number and variety of public and
nonprofit private treatment Programs:
"(2) the number and demographic charac-
teristics of individuals receiving treatment
through such programs:
"(3) the type of care received by such Indi-
viduals; and
"(4) such other data as may be appropri-
ate.
"(cX1) With respect to the activities of
the Administrator under subsection (a) re-
lating to substance abuse, the Administrator
shall ensure that such activities include, at
a minimum. the collection of data on?
"(A) the number of individuals admitted
to the emergency rooms of hospitals as a
result of the abuse of alcohol and other
drugs:
"(B) the number of deaths occurring as a
result of substance abuse, as indicated in re-
ports by coroners;
"(C) the number and variety of public and
private nonprofit treatment program, in-
cluding the number and type of patient
slots available:
"(I)) the number of individuals seeking
treatment through such programs, the
number and demographic characteristics of
Individuals receiving such treatment, the
percentage of individuals who complete
such programs, and, with respect to individ-
uals receiving such treatment, the length of
time between an individual's request for
treatment and the commencement of treat-
ment
"(E) the number of such individuals who
return for treatment after the completion
of a prior treatment in such programs and
October 21, 1988
the method of treatment utilized during the
prior treatment:
"(F) the number of individuals receiving
public assistance for such treatment pro-
gram:
"(0) the costs of the different types of
treatment modalities for drug and alcohol
abuse and the aggregate relative costs of
each such treatment modality provided
within a State in each fiscal year;
"(H) to the extent of available inf orma-
tion, the number of individuals receiving
treatment for alcohol or drug abuse who
have private insurance coverage for the
costs of such treatment
"(I) the extent of alcohol and drug abuse
among high school students and among the
general population: and
"LT) the number of alcohol and drug abuse
counselors and other substance abuse treat-
ment personnel employed in public and pri-
vate treatment facilities.
"(2) Annual surveys shall be carried out in
the collection of data under this section.
Summaries and analyses of the data collect-
ed shall be made available to the public.
"(d) After consultation with the States
and with appropriate national organiza-
tions, the Administrator shall develop uni-
form criteria for the collection of data,
using the best available technology, pursu-
ant to this section.".
(b) CONFORMING AMENDIONT.?Section
1917 of the Public Health Service Act (42
U.S.C. 300x-5) is amended by striking sub-
section (d).
SEC. 2053. REDUCTION OF WAITING PERIOD FOR
DRUG ABUSE TREATMENT.
Part A of title V of the Public Health
Service Act (42 U.S.C. 290aa et seq.), as
amended by section 2052 of this part, is fur-
ther amended by adding at the end the fol-
lowing new section:
"REDUCTION OF WAITING PZFIOD FOR DRUG
ABIGIZ TRZATMRNT
"Sac. 509E. (a) The Secretary, acting
through the Administrator, may make
grants to public and nonprofit private enti-
ties for the purpose of reducing the waiting
list of public and nonprofit private pro-
grams providing treatment services for drug
abuse.
"(b) TheSecretary may not make a grant
under subsection (a) unless the applicant
for the grant?
"(1) is experienced in the delivery of treat-
ment services for drug abuse;
"(2) is, on the date the application is sub-
mitted. successfully carrying out a program
for the delivery of such services approved by
the State;
"(3) as a result of the number of requests
for admission into the program, is unable to
admit any individual into the program any
earlier than one month after the date on
which the individual makes a request for
such admission: and
"(4) provides assurances satisfactory to
the Secretary that, after funding is no
longer available under this section, the ap-
plicant will have access to financial re-
sources sufficient to continue the program.
"(c) The Secretary may not make a grant
under subsection (a) unless the applicant
for the grant agrees that the payments will
not be expended?
"(1) to provide inpatient hospital services;
"(2) to make cash payments to intended
recipients of services under the program in-
volved;
"(3) to purchase or improve real property
(other than minor remodeling of existing
Improvements to real property) or to pur-
chase major medical equipment:
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CONGRESSIONA1 RECORD ? HOUSE
"(4) to satisfy any requirement for the ex-
penditure of non-Federal funds as a condi-
tion for the receipt of Federal funds; or
"(5) to provide financial assistance to any
entity other than a public or nonprofit pri-
vate entity.
"( d ) The Secretary may not make more
than one grant under subsection (a) for any
program of treatment services for drug
abuse.
"( e ) The Secretary may not make a grant
under subsection (a) unless?
"( 1) an application for the grant is submit-
ted to the Secretary;
"(2) with respect to carrying out the pur-
pose for which the grant is to be made, the
application provides assurances of compli-
ance satisfactory to the Secretary; and
"(3) the application otherwise is in such
form, is made in such manner and contains
such agreements. assurances, and informa-
tion as the Secretary determines to be nec-
essary to carry out this section.
"(f )(1) For the purpose of carrying out
this section, there is authorized to be appro-
priated 8100.000.000.
"(2) Amounts made available pursuant to
paragraph (I) shall remain available until
expended.
"(3) No grant may be made under this sec-
tion after the aggregate amounts obligated
by the Secretary pursuant to this section
are equal to $100.000.000.".
SEC. 2054. MODEL PROJECTS FOR PREGNANT
WOMEN.
Part A of title V of the Public Health
Service Act (42 U.S.C. 290aa et seq.). as
amended by section 2053 of this part, is fur-
ther amended by adding at the end the fol-
lowing new section:
'MODEL PROJECTS FOR PRINNANT AND POST
PARTUM WOKEN AND TIWIR INFANTS
"Sac. 509F. (a) The Secretary, acting
through the Director of the Office, shall
make grants to establish projects for pre-
vention, education, and treatment regarding
drug and alcohol abuse relating to pregnant
and post partum women and their infants. ?
"( b ) In making grants under subsection
(a). the Director of the Office shall give pri-
ority to projects?
"(1) for low-income women and their in-
fants: and
"(2) designed to develop innovative ap-
proaches to prevention, education, and
treatment regarding the use of the drugs
with respect to which there exists insuffi-
cient information (including cocaine and the
cocaine derivative known as crack).
"(c) In making grants under subsection (a)
for projects that provide -treatment. the Di-
rector of the Office shall ensure that grants
are reasonably distributed among projects
that provide inpatient, outpatient, and resi-
ciential treatment.
"(d) The Director of the Office may not
make a grant under subsection (a) unless?
"(1) an application for the grant is submit-
ted to the Secretary;
"(2) with respect to carrying out the pur-
pose for which the grant is to be made, the
application provides assurances of compli-
ance satisfactory to-the Secretary; and
"(3) the application otherwise is in such
form, is made in such manner, and contains
such agreements, assurances, and Informs-
tion as the Director of the Office deter-
mines to be necessary to carry out this sec-
tion.
"(e) The Director of the Office shall
evaluate projects conducted with grants
under this section.".
SEC. 2056. DRUG ABUSE DIZIONWPRATION
risonters or NATIONAL SIGNIFI-
C.ANCE.
Part A of title V of the Public Health
Service Act (42 U.S.C. 290aa et seq.). as
amended by section 2054 of this part. is fur-
ther amended by adding at the end the fol-
lowing new section:
"DRUG ABUSE DEMONSTRATION PROJECTS OP
NATIONAL SIGNIFICANCE
"Sac. 5090. (a)(I) The Secretary, acting
through the Administrator, may make
grants to public and private entitles for
demonstration projects?
"(A) to determine the feasibility and long-
term efficacy of programs providing drug
abuse treatment and vocational training in
exchange for public service;
"(B) to conduct outreach activities to in-
travenous drug abusers with respect to the
prevention of exposure to, and the transmis-
sion of, the etiologic agent for acquired
immune deficiency syndrome and to encour-
age intravenous drug abusers to seek treat-
ment for such abuse; and
"(C) to provide drug abuse treatment serv-
ices to pregnant women, post partmn
women, and their infants.
"(2) The Secretary shall, directly or
through contracts with public and private
entities, provide for evaluations of projects
carried out pursuant to subsection (a) and
for the dissemination of information devel-
oped as result of such models.
"(bX1) The Secretary shall establish dem-
onstration projects that provide grants to
States -for the purpose of enabling such
States to provide effective treatment, and
referrals for treatment, to individuals who
abuse drugs.
"(2) The Secretary shall award grants
under subsection (a) to projects that oper-
ate in areas?
"(A) in- which a demsuad for drug treat-
ment services exists, or a need for such serv-
ices exists which exceeds the capacity of or-
ganizations operating in that area to pro-
vide such services; ?
"(B) that have a high prevalence of drug
abuse;
"(C) that have a high incidence of drug re-
lated criminal activities; and
"(D) that meet any other requirements
that the Secretary determines areappropri-
ate.
"(3) In awarding grants under subsection
(a). the Secretary shall?
"(A) select projects that focus on at least
one of the following areas of treatment
"(i) treatment of adolescents;
"(it) treatment of minorities;
"(iii) treatment of pregnant women;
"(iv) treatment of female addicts and
their children;
"(v) treatment of the residents of public
housing projects; and
"(B) select at least one project that in-
cludes a centralized local referral unit that
shall provide?
"(I) an initial analysis of the nature of the
individual's problem and refer such individ-
ual to appropriate existing drug treatment
programs: and
"UI) assistance to school teachers and
other individuals who come Into cantata
with drug abusers-when attempting to refer
such abusers to appropriate drug treatment
programs.
"(4) A State that desires to participate in
a project established under subsection (a)
shall submit a written application to the
Secretary in such form and containing such
information as the Secretary may by regula-
tion request.
"(5) In awarding grants under subsection
(a), the Secretary shall give preference to
projects that demonstrate a comprehensive
approach to the problems associated with
drug abuse and provide evidence of broad
community involvement and support, in-
cluding the support of private businesses,
law enforcement authorities, health Care
H 11119
providers, local school systems, and local
governments in the proposed demonstration
project.
"(8) Projects funded under this section
shall be for a period of at least three years
but In no event to exceed five years.
"(7) The Secretary shall require, as a con-
dition of awarding grants under this section,
a systematic evaluation of the projects
funded under this section on I long tertn
basis to record the impact of such protects
on treated individuals, and on the communi-
ty as a whole. The methodology used in the
evaluation shall be published in the Federal
Register for comment before becoming ef-
fective.
"(c )(1) There are authorized to be appro-
priated to- carry out this section $34,000,000
for fiscal year 1989, and such sums as may
be necessary for each of the fiscal years
1990 through 1991.
"(2) Of the amounts appropriated pursu-
ant to paragraph (1) for a fiscal year.
810,000.000 shall be made available for car-
rying out subsection (a).
SEC 2056. CERTAIN AUTHORIZATIONS OF APPRO-
PRIATIONS.
(a) RESEARCH WITH RESPECT TO ALCOHOL
Amiss AND AwoHousm.?Section 513(a) of
the Public Health Service Act (42 U.S.C.
290bb4(a)) is amended by inserting before
the period the followtng: ", and such sums
as may be necessary for each of the fiscal
years-1989 through 1991".
(b) RESEARCH WITH RESPECT TO DRUG
Aausg.--Section 517 of the Public Health
Service Act (42 U.S.C. 290cc-2) is amended?
(1) striking "this subpart" and inserting
"section 515"; and
(2) by inserting before the period the fol-
lowing: ". $135.000,000 for fiscal year 1989,
and such sums as may be necessary for each
of the fiscal years 1990 and 1991".
SEC 2057. ESTABLISHMENT OF GRANT PROGRAMS
FOR RESEARCH WITH RESPECT TO
MENTAL HEALTH SERVICES.
Title V of the Public Health Service Act
(42 U.S.C. 290aa et seq.) is amended?
(1) by amending section 504(f) to read as
follows:
"(f)(1) The Secretary, acting through the
Director, shall?
? "(A) develop and publish information with
respect to the causes of suicide and the
means of preventing suicide; and
"(B) make such information generally
available to the public and to health profes-
sionals.
"(2) Information described in paragraph
(1) shall especially relate to suicide among
individuals under 24 years of age."'
(2) by striking subsections (g) through Cl)
of section 504; and
(3) by adding at the end of part B the fol-
lowing new subpart
"Subpart 3?Mental Health Research
?ZSTAELTSHMENT OF PROGRAM FOR MENTAL
HEALTH RESEARCH
"Sec. 519. The Secretary, acting through
the Administrator, may make grants to, and
enter into cooperative agreements and con-
tracts with, public and nonprofit private en-
titles for the conduct of, promotions of, co-
ordination of, research. investigation, ex-
periments, demonstrations, and studies rela-
tive to the cause, diagnosis, treatment, con-
trol, and prevention of mental inners..
"NATIONAL MENTAL HEALTH EDIICATION
PROGRAM
'Sac. 520. The Secretary, acting through
the Administrator, shall establish a Nation-
al Mental Health Education Program for
the purpose of?.
"(1) developing Improved methods of
treating individuals with mental health
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CONGRESSIONAL RECORD ? HOUSE October 21, 1988
problems and improved methods of assisting
the families of such individuals:
-(2) supporting programs of biomedical
and behavioral research, training, and edu-
cation with respect to the causes, diagnosis.
and treatment of mental health problems;
"(3) collecting and making available.
through publication and other appropriate
methods. information on. and the practical
application of, such research and other ac-
tivities:
"(4) providing technical assistance to
public and private entities that are provid-
ers of mental health services:
"(5) disseminating to such providers and
to the public information with respect to
mental health, including information on
programs that provide financial assistance
In obtaining mental health services; and
"(6) establishing a clearinghouse in order
to collect information developed in mental
health research and treatment programs
and to make such information available to
providers of mental health services, to indi-
viduals with mental health problems, and to
the general public.
"EsTABLialiml2ri or GRANT PROGRAM NOR
DiemoNsTRATiON PROJECTS
"Sac. 520A. (a) CHRONIcALLT Miarressr ILL
INDIVIDuALs AND SERIaUSLT Miarrarzy Dra-
mmen Csnantzet.?The Secretary, acting
through the Director. may make grants to
States, political subdivisions of States, and
nonprofit private agencies?
"(1) for mental health services demonstra-
tion projects for the planning, coordination.
and improvement of community services (in-
cluding outreach and self-help services) for
chronically mentally 111 individuals, serious-
ly emotionally disturbed children and
youth, elderly individuals, and homeless
chronically mentally ill individuals, and for
the conduct of research concerning such
services;
"(2) demonstration projects for the pre-
vention of youth suicide:
"(3) demonstration projects for the im-
provement of the recognition, assessment,
treatment, and clinical management of de-
priessive disorders: and
"(5) demonstration projects for treatment
and prevention relating to sex offenses.
"(b) INDITEDUALs AT Rut Or MIIVTAL ILL-
"(1) The Secretary, acting through the Di-
rector, may make grants to States, political
subdivisions of States, and private nonprofit
agencies for prevention services demonstra-
tion projects for the provision of prevention
services for Individuals who. in the determi-
nation of the Secretary, are at risk of devel-
oping mental Illness.
"(2) Demonstration Projects under Para-
graph (1) may include?
"(A) prevention services for populations at
risk of developing mental illness, particular-
ly displaced workers, young children, and
adolescents:
"(B) the development and dissemination
of education materials:
"(C) the sponsoring of local, regional, or
national workshops or conferences;
"(D) the conducting of training programs
with respect to the provision of mental
health services to individuals described in
paragraph (1): and
"(E) the provision of technical assistance
to providers of such services.
"( c ) LIMITATION ON DURATION or GRANT.?
The Secretary may make a grant under sub-
section (a) or (b) for not more than three
consecutive one-year periods.
"(d) LIMITATION ON ADMINDITRATivE Ex-
rza?sze.?The Secretary may not make a
grant under subsection (a) or (b) to an appli-
cant unless the applicant agrees that not
more than 10 percent of such a grant will be
expended for administrative expenses.
"(e) AUTHoILIZATioNs or APPROPRIATIONS.?
"(1) For the purposes of carrying out this
section, there are authorized to- be appropri-
ated $60,000.000 for each of the fiscal years
1989 and 1990.
"(2) Of the amounts appropriated pursu-
ant to paragraph (1), the Secretary shall
make available 15 percent for demonstra-
tion projects to carry out the purpose of
this section In rural areas.".
SEC. 2050. MISCELLANEOUS AMENDMENTS.
(a) Triza V or Finnic HEALTH SERVIcs
(1) The The title of title V of the Public
Health Service Act (42 U.S.C. 290aa et seq.)
is amended so as to read: "TITLE V?ALCO-
HOL. DRUG ABUSE, AND MENTAL
HEALTH PROGRAMS".
(2) Section 501 of the Public Health Serv-
ice Act (42 U.S.C. 290aa) Is amended?
(A) by adding at the end of subsection (b)
the following new paragraph:
"(4) The Office of Substance Abuse Pre-
vention.":
(B) in the first sentence of subsection
(e)(2)?
(I) by striking "The" and inserting the fol-
lowing: "Not less than once each three
- years. the": and
(11) by striking "annually";
(C) by striking "fraud" each place It ap-
pears in subsection (f) and inserting "mis-
conduct";
(D) by striking subsection (k): and
(E) by adding at the end the following
new subsections:
"(k) The Administrator may accept volun-
tary and uncompensated services.
"(1) The Administrator may conduct and
support research training?
"(1) for which fellowship support is not
provided under section 48'7: and
"(2) that is not residency training of Phy-
sicians or other health professionals. ?
"(m X1) The Secretary, acting through the
Administrator, may make grants to public
and nonprofit private entities for the acqui-
sition of small instrumentation necessary
for carrying out the purpose of this title
with respect to research.
"(2) The Secretary may not make a grant
under paragraph (1) unless the small instru-
mentation acquired pursuant to the grant
will be available for use in more than one
grant under -this title with respect to re-
search.
"(3) Grants under paragraph (1) shall -be
subject to technical and scientific peer
review under section 507.
"(4) A grant under paragraph (1) for a
fiscal year may net exceed $100.000.
"(5) For the purpose of carrying out this
subsection, there is authorized to be appro-
priated $5,000,000 for each of the fiscal
years 1989 through 1991.".
(3) Section 515(a) of the Public Health
Service Act (42 U.S.C. 290ec) is amended in
the matter after and below paragraph (6) by
Inserting before the period the following:
"(particularly with respect to Pregnant
women and their children)".
(4) Section 516 of the Public Health Serv-
ice Act (42 U.S.C. 290cc-1) is amended?
(A) by redesignatIng subsections (b) and
(c) as subsections (c) and (d), respectively:
and
(B) by inserting after subsection (a) the
following new subsection:
"(b) In making grants under subsection
(a). the Secretary shall give special consider-
ation to projects for determining the effects
of drug abuse among. Pregnant women and
the resulting effects on the infants of such
women, including the relationship between
drug abuse during pregnancy and the birth-
weight of Infants.".
(b) Seeming 303.--Section 303(d)(1) of the
Public Health Service Act (42 U.S.C.
242a(d X1)) is amended by inserting "marital
and family therapy," after "nursing,".
(c) ANTI-DRUG Azusa ACT or 1986.?Sec-
tion 6005(b) of the Anti.Drug Abuse Act of
1986 (Public Law 99-570) is amended by
striking "one year" and all that follows
through "Act" and inserting "18 months
after the execution of the contract referred
to in subsection (a).".
CHAPTER 3?REPORTS AND STUDIES
SEC. 2071. RELATIONSHIP BETWEEN MENTAL ILL-
NESS AND SUBSTANCE ABUSL
(a) IN GENERAL ?The Secretary of Health
and Human Services shall conduct a study
for the purpose of ?
(1) determining the relationship between
mental illness and substance abuse: and
(2) developing recommendations on the
most effective methods of treatment for in-
dividuals with both mental illness and sub-
stance abuse problems.
(b) Rzroirr.?Not later than 12 months
after the date of the enactment of this Act.
the Secretary of Health and Human Serv-
ices shall complete the study required in
subsection (a) and submit to the Congress
the findings made as a result of the study.
SEC. 2072. USE OF INVOLUNTARY COMMITTMENT.
(a) IN- DINERAL.?The Secretary of Health
and Human Services shall enter into a con-
tract with an independent body of demon-
strated expertise in the field of health and
mental health to conduct a study of the cur-
rent use of involuntary committment for in-
patient or outpatient treatment of mental
illness and make recommendations for
changes, If any, that may be warranted in
current rules and practices.
(b) Rao/ex.?Not later than 18 months
after the date on which a contract is en-
tered into pursuant to subsection (a). the
Secretary of Health and Human Services
shall complete the study required In subsec-
tion (a) and submit to the Congress the
findings made as a result of the study.
(C) AuTlioRyzATIoN or APPROPRIATIONS.?
For the purpose of carrying out subsection
(a), therer are authorized to be appropri-
ated $1,000,000 for fiscal year 1989.
SEC. 2073. REPORT WITH RESPECT To ADMINISTRA-
TION OF CERTAIN RESEARCH PRO.
GRAMS
(a) Sun.?The Secretary of Health and
Human Services shall request the National
Academy of Sciences to conduct a review of
the research activities of the National Insti-
tutes of Health and the Alcohol, Drug
Abuse, and Mental Health Administration.
Such review shall include?
(1) an evaluation of the appropriateness
of administering health service Programs in
conjunction with the administration of bio-
medical and behavioral research: and
(2) a determination of any areas of dupli-
cation in the research programs of the Na-
tional Institutes of Health and the Alcohol,
Drug Abuse. and Mental Health Administra-
tion.
(b) Rare/rt.?Not later than 12 months
after the date on which any contract re-
quested in subsection (a) is entered into. the
Secretary of Health and Human Services
shall, to the extent practicable, provide for
the completion of the review requested in
such subsection and submit to the Congress
a report describing the findings made as a
result of the review. ?
(c) Comes= AUTHoRITT.?The Secretary
of Health and Human Services may enter
Into a contract with the National Academy
of Sciences to carry out the review requer`-
ed In subsection (a).
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CHAPTER 4?MISCELLANEOUS
SEC. 2074. ACTION BY NATIONAL INSTITUTE ON
DRUG ABUSE AND STATES CONCERN-
ING MILITARY FACILITIES. .
(a) IN Gernrem..?Title V of the Public
Health Service Act (42 U.S.0 290aa et seq.)
is amended by adding at the end the follow-
ing new part:
"PAST E?ALTERNATIVE UTILIZATION OF
MILITARY FACILITIES
-ACTION BY NATIONAL ISAzLuj,. ON DIMS
ABUSE AND STATES CONCERNING MILITARY FA-
CILITIES
"SEC. 561. (a) NATIONAL iNSiug, ON DRUG
Am:mg.?The Director of the National Insti-
tute on Drug Abuse shall?
"(1) coordinate with the agencies repre-
sented on the Commission on Alternative
Utilization of Military Facilities the utiliza-
tion of military facilities or parts thereof, as
icientified by such Commission, established
under the National Defense Authorization
Act of 1989, that could be utilized or ren-
ovated to house nonviolent persons for drug
treatment purpose=
"(2) notify State agencies responsible for
the oversight of drug abuse treatment enti-
ties and programs of the availability of
space at the installations identified in para-
graph (1): and
"(3) assist State agencies responsible for
the oversight of drug abuse treatment enti-
ties and programs in developing methods for
adapting the installations described in para-
graph (1) into residential treatment centers.
"( b) STATES.?With regard to military fa-
cilities or parts thereof, as identified by .the
Commission on Alternative Utilization of
Military Facilities established under section
3042 of the Comprehensive Alcohol Abuse,
Drug Abuse. and Mental Health Amend-
ments Act of 1988, that could be utilized or
renovated to house nonviolent persons for
drug treatment purposes. State agencies re-
sponsible for the oversight of drug abuse
treatment entities and programs shall?
"(1) establish eligibility criteria for ? the
treatment of individuals at such facilities:
"(2) select treatment providers to provide
drug abuse treatment at such facilities;
"(3) provide assistance to treatment pro-
viders selected under paragraph (2) to assist
such providers in securing financing to fund
the cost of the programs at such facilities;
and
"(4) establish, regulate, and coordinate
with the military official in charge of the
facility, work programs for individuals re-
ceiving treatment at such facilities.
"(c) RESERVATION OF SPACI---Prior to noti-
fying States of the availability of space at
military facilities under subsection (aX2),
the Director may reserve space at such fa-
cilities to conduct research or demonstra-
tion projects.".
(b) FEDERAL PROPERTIES AND ADMINISTRA-
TIVE PROCEDURES ACT.?
Section 203(j)(3)(B) of the Federal Prop-
erty and Administrative Procedures Act of
1979 (40 U.S.C. 484(j)(3)(B)) is amended by
Inserting ", drug abuse treatment centers"
after "health centers".
Subtitle B?Employee Assistance Programs
SEC. 2101. EMPLOYEE ASSISTANCE PROGRAMS.
(a) ESTABLISHMENT.?The Secretary of
Labor shall establish a program through
which the Secretary shall provide grants to,
or enter into contracts with, employers to
enable such employers to develop employee
drug and alcohol abuse Assistance programs.
(b) APPLICATIONS.?EHHHOFETS desiring SO
receive a grant or contract under this sec-
tion shall submit to the Secretary of Labor,
an application, in such -form and containing
such information .as the Secretary may re-
quire.
(C) REGULATIONS.?The Secretary of Labor
shall promulgate regulations necessary to
carry out this section.
(d) AUTHORIZATION or APPROPRIATIONS.?
There are authorized to be appropriated to
carry out this section. $4.000,000 for fiscal
year 1989. and $5.000.000 for each of the
fiscal years 1990 and 1991.
Subtitle C?Indian Alcohol and Substance Abuse
Prevention and Treatment
SEC. 2201. AMENDMENTS 'TO INDIAN ALCOHOL AND
SUBSTANCE ABUSE PREVENTION AND
TREATMENT ACT OF 1086.
Whenever in this subtitle a section or
other provision is amended or repealed,
such amendment or repeal shall be consid-
ered to be made to that section or other pro-
vision of the Indian Alcohol and Substance
Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2401 et seq.).
SEC. 2202. DEFINITIONS,
Section 4204 (25 U.S.C. 2403) is amended
by inserting at the end thereof the follow-
ing new paragraph:
"(6) The terms 'Urban Indian', 'Urban
Center', and 'Urban Indian Organization'
shall have the same meaning as provided in
section 4 of the Indian Health Care Im-
provement Act.".
SEC. MM. AMENDMENT AND REVISION OF TRIBAL
DEVELOPMENT PLAN.
Paragraph (2) of section 4206(c) (25 U.S.C.
2412(c)) is amended?
(1) by striking out "and" at the end of
subparagraph (C);
(2) by striking out the period at the end of
subparagraph (D) and inserting in lieu
thereof ". and"; and
(3)-by adding at the end thereof the fol-
lowing new subparagraph (E):
"(E) the establishment of procedures for
amendment and revision of the plan as may
be determined necessary by the Tribal Co-
ordinating Committee.".
SEC. 2204. AUTHORIZATION OF ^APPROPRIATIONS
FOR GRANTS.
Paragraph (2) of section 4200(d) (25 U.S.C.
2412(d)(2)) is amended to read as follow=
"(2) There is authorized to be appropri-
ated not to exceed $1,000,000 for each of the
fiscal years 1989, 1990, 1991. and 1992 for
grants under this subsection.".
SEC. EMS. LEASING OF TRIBAL PROPERTY.
Section 4209 is amended?
(1) by amending the heading to read as
follows:
-sEc. 4203. FEDERAL FACILITIES. PROPERTY. AND
EQUIPMENT; LEASING OF TRIBAL
PROPERIT.": and
(2) by adding at the end thereof the fol-
lowing new subsection (c):
"(c) LBANgs.?(1) The Secretary of the In-
terior and the Secretary of Health and
Human Services are authorized to enter into
long-term leases of tribally -owned or leased
facilities to house programs established by
this subtitle where they determine that
there is no Federal facility reasonably avail-
able for such purpose and the cost of con-
structing a new Federal facility would
exceed the cost of such Federal lease. unless
they determine that mitigating factors
favor such a lease.
"(2) A tribally owned or leased facility
may be leased pursuant to this authority to
house a regional treatment center to be es-
tablished pursuant to section 4227(b) only if
all the tribes within the Indian Health Serv-
ice area to be served by such regional treat-
ment center initially consent to such Feder-
al lease.".
SEC. 2206. INDIAN EDUCATION PROGRAMS.
Section 4212(a) is amended by striking out
"1987, 1988, and 1989" and inserting in lieu
thereof "1989, 1990, 1991. and 1992".
H 11121
SEC. 2207. EMERGENCY SHELTERS AND HALFWAY
HOUSES.
(a) HALF-WAY Houszs.?Subsection (a) of
section 4213 (25 U.S.C. 2433) is amended by
adding at the end thereof "Half-way houses
may be used as either intake facilities or af-
tercare facilities for youth admitted, or to
be admitted, for long-term treatment of sub-
stance abuse. The Indian Health Service.
the Bureau of Indian Affairs, and the tribes
are authorized to use their respective re-
sources to adequately staff and operate any
such facility.".
(b) Artexantizaerox.?Subsection (e) of sec-
tion 4213 (25 U.S.C. 2433) is amended to
read as follows:
"(e) AUTHORITATION.?(1) For the planning
and design, construction. and renovation of
emergency shelters or half-way houses to
provide emergency care for Indian youth,
there is authorized to be appropriated
$5,000.000 for the fiscal year 1989 and
$3.000.000 for each of the fiscal years 1990.
1991, and 1992.
"(2) For the staffing and operation of
emergency shelters and half-way houses,
there is authorized to be appropriated
$3.000.000 for the fiscal year 1989 and
$3.000.000 for fiscal year 1990. An amount
-equal to the amount of funds appropriated
pursuant to this paragraph for fiscal year
1990 shall be included in the base budget of
the Bureau of Indian Affairs and funding
thereafter shall be pursuant to the Act of
November 2, 1921 (25 U.S.C. 13).".
"(3) The Secretary of the Interior shall al-
locate funds appropriated pursuant to this
subsection on the basis of priority of need of
the various Indian tribes and such funds,
when allocated, shall be subject to contract-
ing-pursuant to the Indian Self-Determina-
tion Act.".
SEC. 2202. CERTAIN ILLEGAL NARCOTICS TRAF-
FICKING.
(a) Asszsmecr..?The section heading and
subsection (a) of section 4216 (25 U.S.C.
2442) are amended to read as follows:
"SEC 4216. ILLEGAL NARCOTICS TRAFFIC ON THE
TOHONO O'ODHAM AND ST. REGIS
RESERVATIONS; SOURCE ERADICA-
TION.
"(a)(1) INVESTIGATION AND Ccerreou?The
Secretary of the Interior shall provide as-
sistance to?
"(A) the Tohono O'odham Tribe of Arizo-
na for the investigation and control of ille-
gal narcotics traffic on the Tohono
O'odham Reservation along the border with
Mexico, and
"(B) the St. Regis Band of Mohawk Indi-
ans of New York for the development of
tribal law enforcement and judicial systems
to aid in the investigation and control of il-
legal narcotics traffic on the St. Regis -Res-
ervation along the border with Canada.
"(2) The Secretary shall ensure that tribal
efforts under this subsection are coordinat-
ed with appropriate Federal law enforce-
ment agencies, including the United States
Custom Service.
"(3) For the purpose of providing the as-
sistance required by this subsection, there
are authorized to be appropriated?
"(A) $500.000 under paragraph (1)(A) for
each of the fiscal years 1989. 1990. 1991, and
1992, and
"(B) $450.000 under paragraph (1)(B) for
each of the fiscal years 1989 and 1996."
(b) Arrrnoexzersoe.?Subsection (b)(2) of
section 4216 is amended to read as follows:
"(2) AcracatErscroe.?For the purpose of
establishing the program required by para-
graph (1), there are authorized to be appro-
priated $500.000 for each of the fiscal years
1989, 1990, 1991. and 1992.".
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11122 .CONGRESSIONAL RECORD? HOUSE
SEC. 2209. LAW ENFORCEMENT AND . JUDICIAL
TRAINING.
Subsection (b) of section 4218 (25 U.S.C.
2451) is amended to read as. follows:
"(b) AUTHORIZATION.?For the purpose of
providing the training required by subsec-
tion (a). there are authorized to be appro-
priated $1,500.000 for each of the fiscal
years 1989. 1990. 1991, and 1992.".
SEC. 2210. TREATMENT OF JUVENILE OFFENDERS.
Section 4219 (25 U.S.C. 2452) is-amended?
(1) by inserting "(a)" before "The 'Memo-
randum"; and
(2) by adding at the end thereof the .101-
lowing new subsection (b):
"(b) TREATMENT OF CERTAIN COMMITTED
YouTIL?The Indian Health -Service -shall
not refuse to provide -necessary interim
treatment for any 'Indian youth referred
Pursuant to subsection (a) :who has been
charged or is being prosecuted for any crime
unless such referral is prohibited by a court
of competent jurisdiction-or the youth is *de-
termined ? by a court-of competent jurisdic-
tion to be a danger to others.".
SEC. 2:11. JUVENILE DETENTION -MUNE.
Subsection (b) of section -4220* (25 U.S.C.
2453) is amended to read as follow=
"(b) AurR0zurATi0N.?(1) For the purpose
of constructing or renovating -juvenile de-
tention centers as provided in 'subsection
(a). there is authorized to be appropriated
$10.000.000 for the fiscal -year 1989 -and
$5.000.000 for each of the fiscal years 1990
and 1991.
"(2) For the purpose of staffing-and oper-
ating juvenile detention centers, there is-au-
thorized to be appropriated $5,000,000 .for
each of the .fiscal .years 1989 And 1990. -An
amount equal to the amount of -funds ap-
propriated pursuant to this paragraph for
fiscal year 1990 shall be included-in the base
budget of the Bureau of Indian Affairs and
funding thereafter_shall be pursuant to the
Act of November 2.1921 (25 USC. 13).". -
SEC. sm. INDIAN HEALTH SERVICE YOUTH ? PRO-
GRAM.
(a) DETOXIFICATION AND. REHABILITATION.?
Subsection -(a) of section 4227 (25 U.S.C.'
2474) is amended by -inserting '"of Health
and Human 'Services" -alter the "Secretary".
(b) TEM/NEWT ;CErrizts.?Blibsection (b)
of section 4227 is Amended to read as fol-
lows:
"(b) TREATMENT :CENTERS OR 'FACILITIES.?
(1) The Secretary shall construct or -ren-
ovate, and appropriately staff-and operate, a
youth 'regional -treatment center in -moth
area under the jurisdiction of an . Indian
Health Service areaoff ice. Tor -thepurp.oses
of this subsection, the area Offices of the
:Indian Health -Service in Tucson -and Phoe-
nix. Arizona, :shall be considered one area
office.
"(2)(A) For-the purpoae of ? constructing or
:renovating .centers facilities 'required -by
paragraph (1). there ,are -authorized :to Ise
appropriated 46.000.000 for the :fiscal year
1989 and *3.000.000 for each of -the fiscal
years 1990 and -1991.
"(B) For the purpose of staffing -and oper-
ating such centers or facilities. -them are au-
thorized to -be Appropriated 411.000,000 -for
fiscal year 1990. An amount equal to the
amount of funds Appropriated pursuant to
this subparagraph.1 or fiscal year .1990 shall
be Included-in the base budgetof the Indian
Health Service and funding thereafter shall
be .pursuant to the Act of ?November 2,1921
(25 IT.S.C.13).".
(C) -REHABILITATION AND _FOLLOW-1JF .RNtv-
icms.?Paragraph -(3) ? of section 4227(d) is
amended' by-striking out "there are author-
ized to be appropriated :$9.000:000.1.or? each
. of the fiscal years 1987. 1981:Land 1.989." and
inserting:in 'lieu -thereof '"there _are author-
ized to be appropriated?
"(1) $9.000,000 for .the fiscal year 1989.
"(2) $10.000.000 for the fiscal year 1990.
? "(3) $12.000.000 for the fiscal year 1991,
and
"(4) $13.000.000 for.the fiscal year 1992.".
(d) INCLUSION OF FAMILY IN YOUTH TREAT-
MENT FROORAM.?Section 4227 (25 U.S.C.
2474) is amended by adding at the end
thereof the following:
"(e) INcLusom or FAMILY ?iN ? Yoorn
TREATiasir Paocsam.?In providing the
-treatment and other services to Indian
.youthAuthorized by this section. the Secre-
tary shall -.provide for -the inclusion of
family members of such -youth in the treat-
ment programs or other services as may be
appropriate.".
sEc. 2213. TRAINING AND COMMUNITY EDUCATION.
(a) REPEAL OF .DESIONSTROLTION 'PROGRAM
Resta= -or DEMONSTRATION
section (c) of section 4228 (25 U.S.C..2475) is
amended to read as follows:
"(C) RESULTS OF DEMONSTRATION
Paorscr.?In carrying out-the education-and
training programs required by ? this section,
the -Secretary - of Health and :Human :Serv-
ices shall take into consideration, and make
available, the 'results of the demonstration
project 'for -children .of alcoholics that was
funded by the Office of Minority Health of
the Department of Health andHuman Serv-
ices.".
(b) Arrsoartmort.?Subsection (d)of sec-
-tion 4228 (25 -U.S.C. 2475) is amended to
read as follows:
"(d) atriworuzATiort?There are author-
ized to be appropriated for- each of the fiscal
-years 1989. 1990, 1991, and 1992?
"(1)-0:000,000 to. carry out the provisions
of subsection (a), and
"(2):$1,000.000 to carry out-the provisions
of subsection (b).".
!sm. 2214. NAVAJO -ALCOHOL -REHABILITATION
;PitoGRAm.
-Subsection (c) of asetion 4229- (25 trac.
2476) is amended to read as follows:
"(C) ALITHORIZATION.?There are 'author-
ized to be appropriated for the purposes of
"grants under aubsection (a) *300,000:for:the
fiscal year1989aml $200,000-for- each- cif the
fiscal years 1990,1991. and 1992.7.
-316C.2215.511RBAN INDIAN PROGRAMS.
The subtitle *is -amended ' by adding at the
end thereof the 'followinrnew aection-4231:
"SEC. 4221.:UEBANINDIAMPROGRAIL
"(a) Cliturrs.?The Secretary of llealth
and -Human Services is authorized do make
grants for the provision of health-related
-serOices in prevention :of, -treatment of, re-
:habilitation . of, kor school -And . community-
'based education lin alcohol and substance
abuse in -urban -centers to -those urban
Indian organizations with-whom the :Secre-
tary has entered into a contract under title
V -of the -Indian Health Care Improvement
Act (25 D.S.C.. /651 et-seq.).
"(b) -Croats or .:GRANT.?Esch :grant made
-pursuant to :subsection (a) -shall act *forth
the -goals to 'be-: accomplished pursuant to
:the grant. The goals shall -be :specific to
PeacivErant as agreed to 'between the Secre-
.tary?and the grantee.
"(c),CarrsaiA.?Thelfeereteryaballastab-
liah criteria for the grants -made under 'sub-
section (a), including criteria relating -to
the?
" (I-)aize of the urban Indian- PoPuiation:
"(2) accessibility to. .and utilization of.
-other health resources available to -such
-1:Population;
"(3)-duplication of existing:Indian:Health
SerVice or other Federal grantsor contracts;
7(4) capability of the organization to 'ade-
quately -:perform the -activities -required
.under the grant;
"(5) satisfactory ',performance _standards
for the organization in meeting. thegoals set
October 21, 1988
forth in :such grant, which standards shall
be negotiated and agreed to between the
Secretary and the grantee on a grant-by-
grant basis; and .
"(6) Identification. of need for services.
The Secretary, shall develop a-methodology
for allocating grants made pursuant to this
section based on such criteria.
"(d) TREATMENT OF MONEYS RECEIVED HY
URBAN INDIAN ORGANIZATIONS.?Any moneys
received by an urban Indian organization
under this or any other Act for substance
abuse prevention, treatment, and rehabilita-
tion shall be subject to the criteria set forth
in-subsection (c).
"(e) AUTHORIZATION FOR GRANT Pao-
saAw.?There Is-authorized to be appropri--
ated $5.000,000 for each of the fiscal years
1990, 1991, and 1992 to carry out the pur-
poses of this section.".
SEC. ECM OFFICE OF ALCOHOL AND SUBSTANCE
ABUSE.
Section 4207(25 tT.S.C. 2413) is amended?
(1) by striking out "Assistant Secretary
of" in subsection (b)(1) and inserting in lieu
thereof "Assistant Secretary -of the Interior
for";
(2) by -striking out "Assistant Secretary
on" in subsection (b)(1) -and- inserting in lieu
'thereof "Assistant Secretary of the Interior
for Indian Affairs on";
-(3) by-adding at-the end Of subsection (b)
the following new paragraph:
"(3) The Assistant Secretary of the Interi-
or for Indian Affairs shall appoint such ern-
oloyees to work in the Office of Alcohol and
Substance Abuse, and shall provide such
,aervices and-equipment-as-may be necessary
-to _enable the Office of Alcohol -and Sub-
:stance Abuse to carry out -its responsibil-
ities."; and
(4) by-adding at the end of paragraph (1)
-of subsection -(c) the following new Ben-
.tence: "The -Assistant Secretary of the Inte-
rior for Indian Affairs . shall -appoint the
indian Youth Programs Officer.".
SEC. 2217:CONTRACT HEALTH SERVICER.
'Section 4226 (25 U.S.C. 2473), as amended
by section 2212 of -this Act, is amended by
adding.at.the end thereof the following new
subsection:
'"(c) CONTELACYREALTHRERVICES.?
(1) The Secretary of Health and Human
'Services, acting through the _Indian Health
Service, may enter -into contracts -with
public or private . providers of alcohol and
? substance abuse treatment services for the
,purpose_of assisting the Indian Health Serv-
ice in carrying out the program required
Sunder subsection (a).
"(2) In addition to amounts otherwise au-
thorized to be appropriated for contract
-health -services, there are authorized to be
appropriated for each of the fiscal years
1989, 1990, -1991. and 1992, S10.000.000 for
the -purpose of carrying out the provisions
?
-of this subsection.".
.SEC. ins. NEWSLETTER.
Section 4210 (25 D.S.C.-2416) is amended?
(1)-by striking nut - not later -than .120
days after -the date-- of enactment of this
subtitle,".
.(2) by .1triking out "The Secretary" and
inserting In lieu thereof "(a) IN GENERAL?
The Secretarr.and
(3) -by -adding at the end thereof the 'fol-
lowing new subsection:
"(b) AtrroortosArzor or APPROPRIATIONS.?
' There are authorized to be -appropriated for
each of the fiscal years '1989. 1990, 1991,-and
1992, $300,000 to -carry *out: the provisions -of
this section.".
SEC. 2:19. RULE OF coNersucrioN.
Except as otherwise provided in -this Act
or the amendments made-by this Act.-noth-
ing in this Act or the amendments made-by
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October 21, 1988 CONGRESSIONAL RECORD ? HOUSE
this Act shall be construed to affect the ob-
ligation of the United States to any Indian
or Indian tribe arising out of any treaty,
statute. Executive order, or the trust re-
sponsibility of the United States owing to
such Indian or Indian tribe. Nothing in this
section shall exempt any individual Indian
from the sanctions of "user accountability"
provided for elsewhere in this Act: Provided.
That no individual Indian shall be denied
any benefit under Federal Indian programs
comparable to those "means tested" safety
net programs otherwise excluded under this
Act.
Subtitle D?Native Hawaiian Health Care
SEC. 2301. SHORT TITLE.
This subtitle may be cited as the "Native
Hawaiian Health Care Act of 1988".
SEC. 2302. FINDINGS.
The Congress finds that?
(1) the United States retains the legal re-
sponsibility to enforce the administration of
the public trust responsibility of the State
of Hawaii for the betterment of the condi-
tions of Native Hawaiians under section 5(t)
of Public Law 86-3 (73 Stat. 6: commonly re-
ferred to as the "Hawaii Statehood Admis-
sions Act"):
(2) in furtherance of the State of Hawaii's
public trust responsibility for the better-
ment of the conditions of Native Hawaiians,
contributions by the United States to the
provision of comprehensive health promo-
tion and disease prevention services to main-
tain and improve the health status of
Native Hawaiians are consistent with the
historical and unique legal relationship of
the United States with the government that
represented the indigenous native people of
Hawaii: and
(3) it is the policy of the United States to
raise the health status of Native Hawaiians
to the highest possible level and to encour-
age the maximum participation of Native
Hawaiians in order to achieve this objective.
SEC. 2303. COMPREHENSIVE HEALTH CARE MASTER
PLAN FOR NATIVE HAWAIIANS.
(a) DEVELOPMENT.?The Secretary may
make a grant to, or enter into contract with,
Papa Ola Lokahi for the purpose of develop-
ing a Native Hawaiian comprehensive
health care master plan designed to pro-
mote comprehensive health promotion and
disease prevention services and to maintain
and improve the health status of Native Ha-
waiians. The master plan shall be based
upon an assessment of the health care
status and health care needs of Native Ha-
waiians. To the extent practicable, assess-
ments made as of the date of such grant or
contract shall be used by Papa Ola Lokahi,
except that any such assessment shall be
updated as appropriate.
(b) AUTHORIZATION OF APPROPRIATIONS.?
There is authorized to be appropriated
$700.000 for fiscal year 1990 to carry out
subsection (a).
SEC. 2304. NATIVE HAWAIIAN HEALTH CENTERS.
(a) COMPREHENSIVE HEALTH Paostaroz,
DISEASE PREVENTION, AND PRIMARY HEALTH
SERvicEs.?(1)(R) The Secretary, in consul-
tation with Papa Ola Lokahi, may make
grants to, or enter into contracts with, any
qualified entity for the purpose of providing
comprehensive health promotion and dis-
ease prevention services as well as primary
health services to Native Hawaiians.
(B) In making grants and entering into
contracts under this paragraph. the Secre-
tary shall give preference to Native Hawai-
ian health centers and Native Hawaiian or-
ganizations, and, to the extent feasible,
health promotion and disease prevention
services shall be performed through Native
Hawaiian health centers.
(2) In addition to paragraph (1). the Sec-
retary may make -grants to, or enter into a
contract with. Papa Ola Lokahi for the pur-
pose of planning Native Hawaiian health
centers to serve the health needs of Native
Hawaiian communities on each of the is-
lands of O'ahu, Moloka'i, Maui, Hawai'i,
Lanai. Kauai, and Niihau in the State of
Hawaii.
(b) Quatzrzza ENTITY.?An entity is a
qualified entity for purposes of subsection
(a)(1) if the entity is?
(1) a Native Hawaiian health center
(2) a Native Hawaiian organization; or
(3) a public or nonprofit private health
provider.
(c) SERVICES TO BE PROVIDED.?( 1 ) Each re-
cipient of funds under subsection (a)(1)
shall provide the following servicer
(A) Outreach services to inform Native
Hawaiians of the availability of health serv-
ices.
(B) Education in health promotion and
disease prevention of the Native Hawaiian
population by (wherever possible) Native
Hawaiian health care practitioners, commu-
nity outreach workers, counselors, and cul-
tural educators.
(C) Services of physicians, physicians' as-
sistants, or nurse practitioners.
(D) Immunizations.
(E) Prevention and control of diabetes,
high blood pressure, and otitis media.
(F) Pregnancy and infant care.
(C) Improvement of nutrition.
(2) In addition to the mandatory services
under paragraph (1). the following services
may be provided pursuant to subsection
(a)(1):
(A) Identification, treatment, control, and
reduction of the incidence of preventable ill-
nesses and conditions endemic to Native Ha-
waiians.
(B) Collection of data related to the pre-
vention of diseases and illnesses among
Native HAWail11118.
(C) Services within the meaning of the
terms "health promotion", "disease preven-
tion", and "primary health services", as
such terms are defined in section 2308,
which are not specifically referred to para-
graph (1) of this subsection.
(3) The health care services referred to in
paragraphs (1) and (2) which are provided
under grants or contracts under subsection
(aX1) may be provided by traditional Native
Hawaiian healers.
(d) LIMITATION ON N17MBER OF ENTITIES.?
During a fiscal year. the Secretary under
this subtitle may make a grant to, or hold a
contract with, not more than nine qualified
entities in the State of Hawaii, as follows:
(1) Two entities serving individuals on
Kauai, from which individuals on Niihau
shall also be served.
(2) Two entities serving individuals on
(3) One entity serving individuals on Mo-
lokai, from which individuals on Lanai
shall also be served.
(4) Two entities serving individuals on
Maui.
(5) Two entities serving individuals on
(e) MATCHING Futons,?(1) The Secretary
may not make a grant or provide funds pur-
suant to a contract under subsection (a)(1)
to an entity?
(A) in an amount exceeding 75 percent of
the costs of providing health services under
the grant or contract and
(B) unless the entity agrees that the
entity will make available, directly or
through donations to the entity, non-Fedbf-
al contributions toward such costa in an
amount equal to not less than $1 (in cash or
In kind under paragraph (2)) for each $3 of
Federal funds provided in such grant or con-
tract.
H 11123
_(2) Non-Federal contributions required in
paragraph (1) may be in cash or in kind,
fairly evaluated. including plant, equipment,
or services. Amounts provided by the Feder-
al Government or services assisted or subsi-
dized to any significant extent by the Feder-
al Government may not be included in de-
termining the amount of such non-Federal
contributions.
(3) The Secretary may waive the require-
ment established in paragraph (1) if?
(A) the entity involved is a nonprofit pri-
vate entity described in subsection (b): and
(B) the Secretary, in consultation with
Papa Ola Lokahi, determines that it is not
feasible for the entity to comply with such
requirement.
(f) RESTRICTION ON USE or GRANT AND
Colenuicr Ftwas.?The Secretary may not
make a grant to, or enter into a contract
with, an entity under subsection (a)(1)
unless the entity agrees that amounts re-
ceived pursuant to such subsection will not,
directly or through contract, be expended?
(1) for any purpose other than the pur-
poses described in subsection (c);
(2) to provide inpatient services: ?
(3) to make cash payments to intended re-
cipients of health services; or
(4) to purchase or improve real property
(other than minor remodeling of existing
Improvements to real property) or to pur-
chase major medical equipment.
(g) LIMITATION ON CHARGES FOR SERV-
ICES.?The Secretary may not make a grant,
or enter into a contract with, an entity
under subsection (a)(1) unless the entity
agrees that, whether health services are
provided directly or through contract?
(1) health services under the grant or con-
tract will be provided without regard to abil-
ity to pay for the health services; and
(2) the entity will impose a charge for the
delivery of health services, and such
charge?
(A) will be made according to a schedule
of charges that is made available to the
public. and
(B) will be adjusted to reflect the income
of the individual involved.
(h) AUTHORIZATION OF APPROPRIATIONS.?
(I) There is authorized to be -appropriated
$5,000,000 for fiscal year 1991 and
$10,000.000 for fiscal year 1992 to carry out
subsection (a)(1).
(2) There Is authorized to be appropriatea
for fiscal year 1990 $900,000 to carry out
subsection (aX 2).
SEC. 2305. ADMINISTRATIVE GRANT FOR PAPA OLA
LOKARL
(a) IN GENERAL.?In addition to any other
grant or contract under this subtitle. the
Secretary may make grants to, or enter into
contracts with, Papa Ola Lokahi f or?
(1) coordination, implementation, and up-
dating (as appropriate) of the comprehen-
sive health care master plan developed pur-
suant to section 2303;
(2) training for the persons described in
section 2304(c)(1)(13): or
(3) identification of and research into the
diseases that are most prevalent among
Native Hawaiians. including behavioral, bio-
medical, epidemiological, and health serv-
ices.
(b) Atrrhoitivaion or APPROPRIATIONS.?
There is authorized to be appropriated
$1,000.000 for each of the fiscal years 1990,
1991, and 1992 to carry out subsection (a).
SEC 2206, ADMINISTRATION OF GRANTS AND-CON.
TRACIS.
(a) TERMS AND CoirarrioNs.?The Secre-
tary shall include in any grant made or con-
tract entered into under this subtitle such
terms and conditions as the Secretary, con-
siders necessary or appropriate to ensure
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11124 - CONGRESSIONAL RECORD? HOUSE
that the objectives of such-grant or-contract
are achieved.
(b) Peruconc Renew.?The Secretary
shall periodically evaluate the performance
of. and compliance with, grants and con-
tracts under this subtitle.
(c) Anininsrearraz Rzataftzsanirs.---_The
Secretary may not make a grant or -.enter
Into a contract under this subtitle earth=
entity unless the entity?
(1) agrees to establish such procedures for
.fiscal control and fund accounting as may
be necessary to ensure proper disbursement
and accounting with 'respect to-the .grant or
contract
(2) agrees to ensure the confidentiality of
records maintained on individuals !receiving
health services under the giant or.contract;
(3) with respect to providing health -serv-
ices to any population of Native Hawaiians a
substantial portion of which has a .limited
ability to speak the English language?
(A) has developed and has the ability go
carry out a reasonable plan to -provide
health services under the grant or contract
through individuals who are able to_commu-
nicate with the population Involved In-
language and cultural context -that is most
appropriate: and
(B) has designated at least-one individual,
fluent in both English and the appropriate
language, to assist in carrying out 'the plan:
(4) with respect to health services-that are
covered in the plan of the State of Hawaii
approved under title XIX of the Social -Se-
curity Act?
(A) if the entity will provide under the
grant or contract any such health services
directly?
(I) the entity has entered _into-a participa-
tion agreement under such-plan:and -
(ii) the entity is qualified to receive -pay-
ments under such plan;-and
(B) if the entity will prostate "under the
grant or contract any such liealth Amin=
through a contract with an organization?
(i) the organization basenterecLinto attar-
ticipaticrn agreement tmdersuch plan:And
(ii) the organization is qualified te-reeeive
payments under such plan: and
(5) agrees to submit So -the :Secretary -and
to Papa Ola Lokahi an Annual report that
describes the utilization:and-costa-of beaLth
services provided under the :grant 'or Aon-
tract (including -the average -cost . of "health
services per user) and that :provides -such
other information -as the Secretary -deter-
mines to be appropriate.
(d) CONTRACT EVALUATION.-41) as
result of evaluations conducted by the Sec-
retary, the -Secretary determines that an
entity has not complied with or satisfactori-
ly performed a contract entered into under
section 2304. the Secretary shall. prior to re-
newing such contract, attempt to -resolve
the areas of noncompliance or -unsatisfac-
tory performance -and modify such contract
to prevent future occurrences -of auchnion-
compliance or unsatisfactory performance.
If the _Secretary determines that .suc.h -non-
-compliance or unsatisfactory -.Performance
cannot be resolved and prevented in :the
future, the-Secretary shall not renew such
contract with such entity and-is authorized
to enter into a contract under metionYglital
with another entity -referred to In section
2304(b) that provides services to the some
population of Native Hawaiians which A
served by the entity whose contract Is -lint
-renewed by reason of this subsection.
(2) In determining whether 'to -renew s
contract entered into -with-an entity -under
this subtitle. the Secretary-'shall consider
-the results of evaluation- tinder:this-section.
(3) All -contracts entered Into *y She Ilse-
retary -under. this subtitle :shall be in accord-
ance -with all Federal eentmeting asinsang
segulationsiexcept the,dimeretion dl
the.Seerelary.aergh contracts may be negoti-
lined without advertising -and may be -ex-
empted from the provisions of the .Act of
August 24, 1935 (40 U.S.C. 270a et seq.).
(4) Payments made under any contract en-
tered into under this subtitle may be made
In advance, by means of reimbursement, or
in installments And :shall be tirade on such
:sem:Minns as the-Secretary deems necessary
to carry out the purposes of-this section.
(e) Luerrarrom on Use or FUNDS 1.01(
scrrnirmarivx Exrernurs.?Except -for grants
and contracts under- section.2305, the-Secre-
tary may not make a grant to, or enter-into
a contract -with, an entity -under this sub-
title unless the-entity agrees :that- the. entity
will not expend more than 10 percent -of
amounts :received pursuant .. to this-subtitle
lor the purpose of .administering the grant
or contract.
.lisroar.?(1) .For -each -fiscal year
during which= entity receives or expends
dunds?pursuant to a grant- or contract _under
this subtitle, such entity shall submit to .the
Secretary and to Papa Ola-Lokahia quarter-
ly report on?
(A) Activities conducted -by the -entity
under- the grant or contract;
(B) the amounts and purposes .for which
Federal funds were expended:. and
(C) such other information-es /the -Secre-
tary may request.
(2) The reports and -records -of any entity
..which concern -any grant ,or- contract :under
this subtitle-shall be subject-to-audit by the
Secretary, the Inspector General :of Health
and Human Services, and the Comptroller
Oeneral of the United. States. -
(g) ANNUAL PRIVAT1 .AUDTI.?The Secre-
tary. shall -allow as-a cost of _any. grantmade
or contract entered into under this-subtitle
the coat of an annual private-audit _conduct-
ed by .a certified public accountant.
SEC. ZW7. ASSIGNMENT OF PinmereisL.
(a). In-Oxinsuu..?The Secretary:is author-
-teed .to enter Mtn -an -agreement with ..any
.antItynnder Minh the flimitstarriirauthor?
bled 'to assign personnel of the.Department
of Health and .Hunian _Services -with exper-
tise identified by such-entItytoaucti entity
on detail for the purposes of :providing com-
prehensive health promotion and -.disease
prevention services:to liativeMawaiiaos.
COM stermerenelPsessat PrasowiravIreasn-
slons.?Any assignment of personnel-amide
by _the Secretary -.under any agreement-en-
tered into.under theauthorityld paragraph
:(1)(rhalbbe treatedasen.amignmenteaf Fed-
eral personnel-to:a localacrrertunenttbat..is
made in accordance with 'subchapter VI. of
chapter: 33 of United:Starer Cade.
Eire....2110..DEFENITIONS.
For purposes of this subtitle: '
- (1) DISRARM raximarzow?The term '"dis-
ease prevention" includes?
(A) immunizations.
-03i-control-of iiiitibloodvressure.
(C) control of sexually -transmittable
iD) prevention and control of diabetes,
-(E) control of Wine events.
(F) occupational safety and health.
(G) .int prevention.
(SYfluoridation- Of water.
(I)-control.of infectieuiragents, and
(J) provision of-mental healthcare. -
(2) HMI= prionorros.-crhetesse -.health
_promotion" includes?
(A) pregnancy mid -infant -ease. 'including
-psevettnenssflesaladeoholarndrome.
(B). eessation of -tobaccosonoking.
(C) tedgetion in the misusetd .alcOhal and
drugs.
(D) improvement of nutrition;
4E) improvement in.physicallitness. ?
.48`)1ussily5ollansdng.nann
.(0) control of stress.
October 21, 1988
(3) Name HAWAIIAN.?The term "Native
Hawaiian" means any -individual who has
any ancestors that were -natives, prior to
1778, of the area that is now the State of
Hawaii as evidenced by---
(A) genealogical records.
(B) Kupuna (elders) or Krana'aina (long-
term community residents) verification. or
(C) birth records of the State of Hawaii.
(4) NATIVE HAWAIIAN HU= czarza.?The
term "Native Hawaiian health center"
means an entity?
(A) which is organized under the laws of
the State of Hawaii.
(B) which provides or arranges for health
care services through practitioners licensed
by the State of Hawaii, where licensure re-
quirements are applicable.
(C) which is a public or nonprofit private
entity, and
(D) in.whioirNsiare Hawaiian. health prac-
titioners significantly participate in the
planning. management, -monitoring, and
evaluation of health-services.
(5) NATIVE HAWAIIAN OROANIZATION.?The.
-term "Native Hawaiian organization" means
any organization?
(A) which serves the interests of -Native
Hawaiians,
(B) which is?
(I) -recognized by Papa Ola Lokahi for the
purpose of -planning. -conducting. or adminis-
tering programs (or portions of programs)
authorized under this subtitle -for the bene-
fit of Native Hawaiians. and
(11) certified by Papa Ola Lokahl as having
the qualifications -and capacity to provide
-the services, and meet the requirements.
under the contract the organization enters
into with, or grant the organization receives
'from. the Secretary under this subtitle.
(C) in which Native Hawaiian health prac-
titioners significantly participate in the
planning, -management, monitoring. and
-evaluation of health services. and
(D) -which is a public or nonprofit private
entity.
(4) PAPA OM' LOICAH1 ?The term "Papa Ols
Lokahi" -means -an -organization composed
Of?
(A) E Ola Mau:
(B) the Office of Hawaiian Affairs of the
State of Hawaii:
(C) Alu Like Inc.:
(D) the University of Hawaii; and
(E) the Office of 'Hawaiian Health of -the
Bewail State Department Of -Health.
(7) Pm:mum /METH names.?The term
"primary health- services" means?
(A) services of physicians, physicians' as-
sistants and nurse practitioners:
(B) diagnostic laboratory and radiologic
services;
(C) preventive health services (including
children's eye and ear examinitions to de-
termine the need for vision and bearing cor-
rection. perinatal services, well child serv-
ices, and family planning services);
-ID) emergency medical services
(5) transportation services as -required for
adequate patient care:
(F) preventive-dental services:and -
((I) pharmaceutical persica% asmaybeap-
propriate for-particular-health centers.
(8) Szcearsar.?The term "Secretary'
means the Secretary of Health -and Human
-Services.
.19) TRADITIONAL VA/TVE HAWAIIAN
inalmt.?The term "traditional Native Ha-
waiian healer" means-a practitioner?
(A) who?
(I-) is of Hawaiian ancestry. and
(ii) has the knowledge. skills, and experi-
- enee :in . direct personal -health.care-cf -indi-
viduals, and
"(B) whose 'knowledge. skills. -and -exPeri-
-ewe are -based on a -demonstrated -learning
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? October 21, 1988 CONGRESSIONAL RECORD ? HOUSE
of Native Hawaiian healing practices ac-
quired by?
(i) direct practical emaciation with Native
Hawaiian elders. and
(ii) oral traditions transmitted from gen-
eration to generation.
SEC. 2309. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed
to restrict the authority of the State of
Hawaii to license health practitioners.
SEC. 2310. REPEAL OF DEMONSTRATION PROJECT.
Section 205 of the Indian Health Care Im-
provement Act, as added by section 203(c) of
the Indian Health Care Amendments of
1988. is repealed.
SEC. 2311. COMPLIANCE WITH BUDGET ACT.
Any new spending authority (described in
subsection (cX2) (A) or (B) of section 401 of
the Congressional Budget Act of 1974)
which is provided under this subtitle shall
be effective for any fiscal year only to such
extent or in such amounts as are provided in
appropriation Acts.
SEC. 2312. SEVERABILITY.
If any provision of this subtitle, or the ap-
plication of any such provision to any
person or circumstances is held to be in-
valid, the remainder of this subtitle, and the
application of such provision or amendment
to persons or circumstances other than
those to which it is held invalid, shall not be
affected thereby.
Subtitle E?Prorisions Relating to Certain Drugs
SEC. 2401. FORFEITURE AND ILLEGAL TRAFFICK-
ING IN STEROIDS.
Any conviction for a violation of section
303(e) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 333(e)), or any other
provision of that Act, involving an anabolic
steroid or a human growth hormone shall
be considered, for purposes of section 413 of
the Controlled Substances Act (21 U.S.C.
853). a conviction for a violation of title II
of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970, if such viola-
tion of the Federal Food, Drug. and Cosmet-
ic Act is punishable by imprisonment for
more than one year.
SEC. 2402. COMPTROLLER GENERAL REPORT ON
USE OF ANABOLIC STEROIDS AND
HUMAN GROWTH HORMONES.
The Comptroller General shall conduct a
study on the extent of anabolic steroid and
human growth hormone use among high
school students, college students and other
adults. Such study shall include?
(1) the best available estimates for licit
and illicit use of anabolic steroids and
human growth hormones:
(2) the amount and type of legal produc-
- tion of anabolic steroids and human growth
hormones, both domestically and interna-
tionally: and
(3) a full and complete summary of the
best available medical analyses that explore
the health consequences resulting from ana-
bolic steroid and human growth hormone
use.
The Food and Drug Administration shall co-
operate with the Comptroller General in
conducting such study. The Comptroller
General shall report to the Congress the re-
sults of the study not later than June 1.
1989.
SEC. 2403. PROHIBITED DISTRIBUTION Or ANABOL.
IC STEROIDS.
Section 303 of the Federal Food, ? Drug,
and Cosmetic Act (21 U.S.C. 333) is amended
by adding at the end the following new sub-
section.
"(eX1) Except as provided in paragraph
(2). any person who distributes or possesses
with the intent to distribute any anabolic
steroid for any use in humans other than
the treatment of disease pursuant to the
order of a physician shall be imprisoned for
not more than three years or fined under
title 18, United States Code, or both.
"(2) Any person who distributes or pos-
sesses with the intent to distribute to an in-
dividual under 18 years of age, any anabolic
steroid for any use in humans other than
the treatment of disease pursuant to the
order of a physician shall be imprisoned for
not more than six years or fined under title
18. United States Code, or both.".
SEC. Mt. BANNING OF BUTYL NITRITE.
(a) lie CizmatAL.?Except as provided in
subsection (b), butyl nitrite shall be consid-
ered a banned hazardous product under sec-
tion 8 of the Consumer Product Safety Act
(15 U.S.C. 2057).
(b) LAWFUL PORNO/MS.?For the purposes
of section 8 of the Consumer Product Safety
Act. It shall not be unlawful for any person
to manufacture for sale, offer for sale, dis-
tribute in commerce, or import into the
United States butyl nitrite for any commer-
cial purpose or any other purpose approved
under the Federal Food, Drug, and Cosmet-
ic Act.
(c) Dertarnorts.?For purposes of this sec-
tion:
(1) The term "butyl nitrite" includes n-
butyl nitrite, isobutyl nitrite, secondary
butyl nitrite, tertiary butyl nitrite, and mix-
tures containing these chemicals.
(2) The term "commercial purpose" means
any commercial purpose other than for the
production of consumer products containing
butyl nitrite that may be used for inhaling
or otherwise introducing butyl nitrite into
the human body for euphoric or physical ef-
fects.
(d) Emmy! DATZ.?This section shall
take effect 90 days after the date of the en-
actment of this subtitle.
SEC. 2405. ESTABLISHMENT OF TASK FORCE AND
PROTECTION OF PUBLIC !MALTA
WITH RESPECT TO ILLEGAL DRUG
LABORATORUl&
(a) Emma/now or TASK Poecs.?There
is established the Joint Federal Teak Force
on Illegal Drug Laboratories (hereafter in
this section referred to as the "'Teak
Payee").
(b) Armaments Aim hismazastar or TABS
Foace.?The members of the Task Force
shall be appointed by the Administrators of
the Environmental Protection Agency and
the Drug Enforcement Administration
(hereafter in this section referred to as the
"Administrators"). The Task Force shall
consist of at least 6 and not more than 20
members. Each Administrator shall appoint
one-half of the members as follows: (1) the
Adminstrator of the Environmental Protec-
tion Agency shall appoint members from
among Einergency Response Technicians
and other appropriate employees of the
Agency; and (2) the Administrator of the
Drug Enforcement Administration shall ap-
point members from among Special Agents
assigned to field divisions and other appro-
priate employees of the Administration.
(c) Dunes or TASK Foacs.?The Task
Force shall formulate, establish, and imple-
ment a program for the cleanup and dispos-
al of hazardous waste produced by illegal
drug laboratories. In formulating such pro-
gram. the Task Force shall consider the fol-
lowing factors:
(1) The volume of hazardous waste pro-
duced by illegal drug laboratories.
(2) The cost of cleaning up and disposing
of luccardous waste produced by illegal drug
laboratories.
(3) The effectiveness of the various meth-
ods of cleaning up and disposing of hazard-
ous waste produced by illegal drug laborato-
ries.
(4) The coordination of the efforts of the
Environmental Protection Agency and the
Drug Enforcement Administration in clean-
H 11125
Ing up and disposing of hazardous waste
produced by illegal drug laboratories.
(5) The dissemination of information to
law enforcement agencies that have respon-
sibility for enforcement of drug laws.
(d) Gotortnies.?The Task Force shall
recommend to the Administrators guide-
lines for cleanup of illegal drug laboratories
to protect the public health and environ-
ment. Not later than 180 days after the date
of the enactment of this subtitle. the Ad-
ministrators shall formulate and publish
such guidelines.
(e) DEKONSTRAT/ON Paomers.?
(1) The Attorney General shall make
grants to, and enter into contracts with.
State and local governments for demonstra-
tion projects to clean up and safely dispose
of substances associated with illegal drug
laboratories which may present a danger to
public health or the environment.
(2) The Attorney -General may not under
this subsection make a grant or enter into a
contract unless the applicant for such as-
sistance agrees to comply with the guide-
lines issued pursuant to subsection (d).
(3) The Attorney General shall, through
grant or contract, provide for independent
evaluations of the activities carried out pur-
suant to this subsection and shall recom-
mend appropriate legislation to the Con-
gress.
(f) FtrimiNc.?Of the amounts made avail-
able to carry out the Controlled Substances
Act for fiscal year 1989, not less than
$5,000,000 shall be made available to carry
out subsections (d) and (e).
(g) Rzeorrs.?After consultation with the
Task Force, the Administrators shall?
(1) transmit to the President and to ea ?
House of Congress not later than 270 days
after the date of the enactment of this sub-
title a report describing the program estab-
lished by the Task Force under -subsectiob
(c) (including an analysis of the facto,
specified in paragraphs (1) through (5) of
that subsection):
(2) periodically transmit to the President
and to each House of Congress reports de-
scribing the implementation of the prograr
established by the Task Force -under subsec-
tion (c) (including ILO analysis of the factors
specified in paragraphs (1) through (5) of
that subsection) and the progress made is
the cleanup and disposal of hazardous waste
produced by illegal drug laboratories: and
(3) transmit to each House of Congress a
report describing the findings made as a
result of the evaluations referred to in sub-
section (e)(3).
Subtitle F?Certain Provisions With Respect to
Veterans
SEC. 2501. EVALUATION OF THE VETERANS' ADMIN-
ISTRATION INPATIENT AND OUTPA-
TIENT DRUG AND ALCOHOL 'MEM'.
KENT PROGRAMS
The Administrator of Veterans' Affairs
shall conduct an evaluation of inpatient and
outpatient drug and alcohol _treatment pro-
grams operated by the Veterans' Adminis-
tration. The evaluation shall include a de-
termination of the medical advantages and
cost-effectiveness of such programs, taking
Into consideration rates of readmission and
the rate of successful rehabilitation. There
are authorized to be appropriated for the
purpose of the conduct of such evaluation
$1,000.000 for fiscal year 1989 and such
sums as may be necessary for each of the
fiscal years 1990 and 1991.
SEC. 2502. VLIERANS' ADMINISTRATION DRUG AND
ALCOHOL TREATMENT PROGRAMS.
(0.) AUTHORIZATION 0? APPROPRIATIONS.?
There are authorized LA be appropriated to
the Veterans' Administration, in addition to
any other amounts that may be authorized
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H 11126 CONGRESSIONAL RECORD ? HOUSE
to be appropriated to the Veterans' Admin-
istration for the purpose described in sub-
section (b), $15.000,000 for each of the fiscal
years 1989 through 1991.
(b) USE or Futuis.?Any amounts appropri-
ated pursuant to subsection (a) may be ex-
pended only for the purpose of providing
care and services under chapter 17 of title
38. United States Code, to eligible veterans
with alcohol or drug dependence or abuse
disabilities.
Subtitle G?Miscellaneous Health Amendments
SEC. 2600. EFFECTIVE DATE.
Except as provided in section 2613(b)(1),
the amendments made by this subtitle shall
take effect immediately after the enactment
of the Health Omnibus Programs Extension
of 1988.
CHAPTER 1?TECHNICAL AND CONFORMING
AMENDMENTS TO HEALTH OMNIBUS PRO-
GRAMS EXTENSION OF 1988
SEC. 2601. CERTAIN REFERENCES.
Except as otherwise expressly provided,
any reference made in this chapter to an
amendment or repeal of a section or other
provision shall be considered to be made to
a section or other provision of the Health
Omnibus Programs Extension of 1988.
SEC. 2602. AMENDMENTS TO TTTLE IL
(a) SECTION 243.?Section 243 is amend-
ed?
(1) in subsection (a)?
(A) by striking "(hereinafter in this sub-
title referred to as AIDS)"; and
(B) by striking "concerning AIDS" and in-
serting "concerning such syndrome"; and
(2) in subsection (c)?
(A) in paragraph (2), by striking "AIDS"
and inserting "acquired immune deficiency
syndrome";
(B) in paragraph (3), by striking "A/DS"
and inserting "acquired immune deficiency
syndrome";
(C) in paragraph (4)?
(i) by striking "AIDS" the first place it ap-
pears and inserting "acquired immune defi-
ciency syndrome"; and
(11) by striking "AIDS" the second place it
appears and inserting "such syndrome";
(D) in paragraph (5), by striking "AIDS"
and inserting "acquired immune deficiency
syndrome";
(E) in paragraph (6), in the matter preced-
ing subparagraph (A), by striking "AIDS"
and inserting "acquired immune deficiency
syndrome"; and
(F) in paragraph (7). by striking "AIDS"
and inserting "acquired immune deficiency
syndrome".
(b) Secriow 251.?Section 251(b) is amend-
ed by striking "of enactment of this Act"
and inserting "of the enactment of this
title""
(c) Secrtoir 253.?Section 253 is. amended
by striking "health workers," and inserting
"health workers and".
(d) Samoa 256.?Section 256 is amend-
ed?
(1) in subsection (b), by striking "Surgeon
General of the United States" and inserting
"Surgeon General of the Public Health
Service"; and
(2) in subsection (d)(2), by striking "sub-
section (a)" and inserting "paragraph (1)".
SEC 2602. AMENDMENTS TO TITLE VI.
(s) -SECTION 801.?Section 801 is amend-
ed?
(1) by striking -This Act" in subsection (a)
and inserting "This title"; and
(2) by striking "this Act" in subsection (b)
and inserting "this title".
(b) Secrioit 638.?Section 638(b) is amend-
ed?
(1) by striking "title VII" each place it
occurs and inserting "titles VII and VIII";
and
(2) by striking ", after the date of the en-
actment of this Act." in paragraphs (1) and
(2).
(c) SECTION 639.?Section 639(b) is amend-
ed by striking "shall compile and analyze"
and inserting "shall develop a uniform
methodology for collection of, and shall
compile and analyze,".
SEC. 2604, AMENDMENT TO TITLE VIL
(a) Sacrum 704.?Section 704(b) is amend-
ed by striking out ", after the date of the
enactment of this Act," in paragraphs (1)
and (2).
(b) Secrios 705.?Section 705(b) is amend-
ed by striking out ", after the date of the
enactment of this Act," in paragraphs (1)
and (2).
(c) Sacrum 732.?Section 732 is amended
by striking "this title" each place it appears
and inserting "this subtitle".
SEC. 2605. AMENDMENTS TO TITLE IX.
(a) Sacrum 902.?Section 902 is amend-
ed?
(1) in subsection (c), by striking "the
human immunodeficiency virus" and insert-
ing "the etiologic agent for acquired
immune deficiency syndrome"; and
(2) in subsection (d)(3)(B)(1). by striking
"the human Immunodeficiency virus" and
inserting "the etiologic agent for acquired
immune deficiency syndrome".
(b) Sacrum .903.?Section 903 is amended
by striking "the human Immunodeficiency
virus" and inserting "the etiologic agent for
acquired immune deficiency syndrome".
CHAPTER 2?TECHNICAL AND CONFORMING
AMENDMENTS TO THE PUBLIC HEALTH
SERVICE ACT
SEC 2611. CERTAIN REFERENCES.
Except as otherwise expressly provided.
any reference made in this chapter to an
amendment or repeal of a section or other
provision shall be considered to be made to
a section or other provision of the Public
Health Service Act (42 U.S.C. 201 et seq.).
SEC 2112. AMENDMENTS TO TITLE IU.
Section 308(bX2XA) (42 U.S.C.
242m(bX2XA)) Is-amended?
(1) by inserting after the first sentence
the following: "Each application for a grant,
contract, or cooperative agreement in an
amount exceeding $60,000 of direct costs for
the dissemination of research findings .or
the development of research agendas (in-
cluding conferences, workshops, and meet-
ings) shall be submitted to a standing Peer
review group with persons with appropriate
expertise and shall not be submitted to any
peer review group established to review ap-
plications for research, evaluation, or dem-
onstration projects."; and
(2) by striking in the last sentence "of
each such application" and inserting "of an
application described in the first two sen-
tences of this subparagraph".
SEC. 211*, AMENDMENTS TO TITLE IV.
(a) NATIONAL INSTITUTE ON DEMI= AND
OTHER COMMUNICATION DISORDERS.?
(1) Subpart 13 of part C of title IV, as
added by section 101(4) of the Health Omni-
bus Programs Extension of 1988, is amended
by adding at the end the following new sec-
tions:
"NATIONAL ritST/TUTZ ON DEASWESS AND OTHER
COMMUNICATION DISORDERS ADVISORY warm
"Sac. 484D. (a) The Secretary shall estab-
lish in the Institute the National Deafness
and Other Communications Disorders Advi-
sory Board (hereafter in this section re-
ferred to as the 'Advisory Board'). ?
"(b) The Advisory Board shall be com-
posed of eighteen appointed members and
nonvoting ex officio members as follows:
"(1) The Secretary shall appoint?
"(A) twelve members from individuals who
are scientists, physicians, and other health
October 21, 1.988
and rehabilitation professionals, who are
not officers or employees of the United
States, and who represent the specialties
and disciplines relevant to deafness and
Other communication disorders, including
not less than two persons with a communi-
cation disorder; and
"(B) six members from the general public
who are knowledgeable with respect to such
disorders. including not less than one person
with a communication disorder and not less
than one person who is a parent of an indi-
vidual with such a disorder.
Of the appointed members, not less than
five shall by virtue of training or experience
be knowledgeable in diagnoses and rehabili-
tation of communication disorders, educa-
tion of the hearing, speech, or language im-
paired, public health, public information.
community program development, occupa-
tional hazards to communications senses, or
the aging Process.
"(2) The following shall be ex officio
members of each Advisory Board:
"(A) The Assistant Secretary, for Eealth.
the Director of NIH. the Director of the Na-
tional Institute on Deafness and Other
Communication Disorders, the Director of
the Centers for Disease Control. the Chief
Medical Director of the Veterans' Adminis-
tration, and the Assistant Secretary of De-
fense for Health Affairs (or the designees of
such officers).
"(B) Such other officers and employees of
the United States as the Secretary deter-
mines necessary for the Advisory Board to
carry out its functions.
"(c) Members of an Advisory Board who
are officers or employees of the Federal
Government shall serve as members of the
Advisory Board without compensation in ad-
dition to that received in their. regular
public employment. Other members of the
Board shall receive compensation at rates
not to exceed the daily equivalent of the
annual rate in effect for grade 05-18 of the
General Schedule for each day (including
traveltime) they are engaged in the per-
formance of their duties as members of the
Board.
"(d) The term of office of an appointed
member of the Advisory Board is four years,
except that no term of office may extend
beyond the expiration of the Advisory
Board. Any member appointed to fill a va-
cancy for an unexpired term shall be ap-
pointed for the remainder of such term. A
member may serve after the expiration of
the member's term until a successor has
taken office. If a vacancy occurs in the Advi-
sory Board,-the Secretary shall make an ap-
pointment to fill the vacancy not later than
90 days from the date the vacancy occurred.
"(e) The members of the Advisory Board
shall select a chairman from among the ap-
pointed members.
"(f) The Secretary shall, after. consulta-
tion with and consideration of the recom-
mendations of the Advisory Board, provide
the Advisory Board with an executive direc-
tor and one other professional staff
member. In addition, the Secretary shall,
after consultation with and consideration of
the recommendations of the Advisory
Board, provide the Advisory Board with
such additional professional staff members,
such clerical staff members, such services of
consultants, such information. and (through
contracts or other arrangements) such ad-
ministrative support services and facilities,
as the Secretary determines are necessary
for the Advisory Board to carry out its func-
tions.
"(g) The Advisory Board shall meet at the
call of the chairman or upon request of the
Director of the Institute, but not less often
than four times a year.
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October 21, 1988 CONGRESSIONAL RECORD ? HOUSE H 11127
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"(h) The Advisory Board shall?
"(1) review and evaluate the implements-
tion of the plan prepared under section
464A(a) and periodically update the plan to
ensure its continuing relevance;
"(2) for the purpose of assuring the most
effective use and organization of resources
respecting deafness and other communica-
tion disorders, advise and make recommen-
ciations to the Congress. the Secretary. the
Director of NIH. the Director of the Insti-
tute, and the heads of other appropriate
Federal agencies for the implementation
and revision of such plan; and
"(3) maintain liaison with other advisory
bodies related to Federal agencies involved
in the implementation of such plan and
with key non-Federal entities involved in ac-
tivities affecting the control of such disor-
ders.
"(i) In carrying out its functions, the Advi-
sory Board may establish subcommittees,
convene workshops and conferences, and
collect data. Such subcommittees may be
composed of Advisory Board members and
nonmember consultants with expertise in
the particular area addressed by such sub-
committees. The subcommittees may hold
such meetings as are necessary to enable
them to carry out their activities.
-(1) The Advisory Board shall prepare an
annual report for the Secretary-which?
"(1) describes the Advisory Board's activi-
ties in the fiscal year for which the report Is
made;
"(2) describes and evaluates the progrems
made in such fiscal year in research, treat-
ment. education, and training with respect
to the deafness and other communication
disorders;
"(3) summarizes and analyses expendi-
tures made by the Federal Government for
activities respecting such disorders in such
fiscal year, and
"(4) contains the Advisory Board's recom-
mendations (if any) for changes in the plan
prepared under section 464A(a).
"(k) The National Deafness and Other
Communication Disorders Advisory Board
shall be established not later than 90 days
after the date of the enactment of the Na-
tional Institute on Deafness and Other
Communication Disorders and Health Re-
search Extension Act of 1988.
"INTERAGENCY COORDINATING COMMITTEE
"SEC. 464E. (a) The Secretary may estab-
lish a committee to be known as the Deaf-
ness and Other Communication Disorders
Interagency Coordinating Committee (here-
after in this section referred to as the 'Co-
ordinating Committee').
"(b) The Coordinating Committee shall,
with respect to deafness and other commu-
nication disorders? ?
"(1) provide for the coordination of the
activities of the national research institutes
and
"(2) coordinate the aspects of all Federal
health programs and activities relating to
deafness and other communication disor-
ders in order to assure the adequacy ? and
technical soundness of such programs and
activities and in order to provide for the full
communication and exchange of informa-
tion necessary to maintain adeauate coordi-
nation of such programs and activities.
"(c) The Coordinating Committee shall be
composed of the directors of each of the na-
tional research institutes and divisions in-
volved in research with respect to deafness
and other communication disorders and rep-
resentatives of all other Federal depart-
ments and agencies whose programs involve
health functions or responsibilities relevant
to deafness and other communication disor-
ders.
"(d) The Committee shall be chaired by
the Director of NIH (or the designee of the
Director). The Committee shall meet at the
call of the chair, but not less often than
four times a year.
"(e) Not later than 120 days after the end
of each fiscal year. the Committee shall pre-
pare and transmit to the Secretary, the Di-
rector of NIB. the Director of the Institute,
and the advisory council for the Institute a
report detailing the activities of the Com-
mittee in such fiscal year in carrying out
subsection (b).
"LDLITATION ON ADMINISTRATIVE WINS=
"Sac. 484F. With respect to amounts ap-
propriated for a fiscal year for the National
Institutes of Health, the limitation estab-
lished in section 408(bX1) on the expendi-
ture of such amounts for administrative ex-
penses shall apply to administrative ex-
penses of the National Institute on Deaf-
ness and Other Communication Disorders.".
(2)(A) Personnel employed by the Nation-
al Institutes of Health in connection with
the functions vested under paragraph 1, and
under section 101(4) of the Health Omnibus
Programs Extension of 1988, in the Director
of the National Institute on Deafness and
Other Communication Disorders, and
assets, property, contracts, liabilities,
records, unexpended balances of appropria-
tions, authorisations, allocations, and other
funds of the National Institutes of Health,
arising from or employed, held, used, avail-
able to, or to be made available, in connec-
tion with such functions shall be trans-
ferred to the Director for appropriate
allo-
cation. Unexpended funds transferred under
this subsection shall be used only for the
purposes for which the funds were original-
ly authorised and appropriated.
(B) With respect to functions vested
under paragraph 1, and under section 101(4)
of the Health Omnibus Programs Extension
of 1988, in the Director of the National In-
stitute on Deafness and Other Communica-
tion Disorders, all orders, rules, regulations,
grants, contracts, certificates, licenses. PIM-
leges, and other determinations, actions, or
official documents, that have been issued,
made, granted, or allowed to become effec-
tive, and that are effective on the date of
the enactment of this Act, shall continue in
effect according to their terms unless
changed pursuant to law.
(b) Eraser or ENACTMENT OF Einem= PRO-
VISIONS ESTAILISHING NATIONAL lineriTurs
ON Dieutass AND OTTIZE COKIMINICATION
(1) Paragraphs Paragraphs (2) and (3) shall take
effect immediately after the enactment of
both the bill. S. 1727, of the One Hundredth
Congress, and the Health Omnibus Pro-
grams Extension of 1988.
(2XA) The provisions of the Public Health
Service Act referred to in subparagraph (B).
as similarly amended by the enactment of
the bill. S. 1727. of the One Hundredth Con-
gress. by subtitle A of title I of the Health
Omnibus Programs Extension of 1988, and
by subsection (a)(1) of this section, are
amended to read as if the amendments
made by such subtitle A and such subsec-
tion (a)(1) had not been enacted.
(B) The provisions of the Public Health
Service Act referred to in subparagraph (A)
are?
(A) sections 401(bX1) and 457;
(B) part C of title IV; and
(C) the heading for subpart 10 of such
part C.
(3) Subsection (a)(2) of -this-section-is re-
pealed.
(c) Sacrum 405.?Section 405(cX3) (42
U.S.C. 284(cX3)), as amended by section
116(2)(A) of the Health Omnibus Programs
Extension of 1988, is amended?
(1) by inserting and appoint" after "es-
tablish"; and
(2) by inserting "and appointed" after "es-
tablished".
(d) SEcTrom 408.?Section 408(a)(2)(B) (42
U.S.C. 284(c)), as amended by section 115(a)
of the Health Omnibus Programs Extension
of 1988. is amended by inserting a comma
after "419'.
SEC. 2614. AMENDMENTS To TITLE V.
(a) Sscrion 528.?Section 528(a)(1) (42
U.S.C. 290cc-28). as amended by section
812(b) of the Health Omnibus Programs Ex-
tension of 1988, is amended by striking "the
Northern" and inserting "the Common-
wealth of the Northern".
(b) Sacrum 536.?Section 536(3) (42 U.S.C.
290cc-38), as amended by section 812(a) of
the Health Omnibus Programs Extension of
1988. is amended by striking "the Northern"
and inserting "the Commonwealth of the
Northern".
SEC. 2615. AMENDMENTS TO TITLE VII.
(a) Sscrios 708.?Section 708(h)(2) (42
U.S.C. 292h(h)C2)), as amended by section
626 of the Health Omnibus Programs Ex-
tension of 1988, is amended by inserting
"shall" before "Include".
(b) SECTION 728.--Section 728(a) (42 U.S.C.
294a(an, as amended by section 602(b)(1)
and section 707 of the Health Omnibus Pro-
grams Extension of 1988, is amended in the
second sentence?
(1) by inserting "(including loam to new
borrowers)" after "new loans"; and
(2) by striking "for such fiscal year." and
Inserting "for such fiscal year".
(c) SECTION 784.?Section 784(b) (42 U.S.C.
295g-4(b)), as amended by section 809(a) of
the Health Omnibus Programs Extension of
1988, is amended to read as if the amend-
ments made by such section 809(a) had not
been enacted.
(d) Sacrum 787.?Section 787(a)(2)(G) (42
295g-7(a)(2XG)), as added by section
811(a)(3) of the Health Omnibus Programs
Extension of 1988, is amended by striking ",
except schools of medicine, osteopathy, or
dentistry".
(e) SECTION 787.?Section 787(bX3) (42
U.S.C. 295g-7(b X3)), as added by section
611(b) of the Health Omnibus Programs Ex-
tension of 1888, is amended?
(1) by striking "total enrollment" the first
place it appears and inserting "proportion-
ate enrollment": and
(2) by striking "total enrollment" the
second place it appears and inserting "Per-
centage".
(d) Siscrion Tel.?Section 791(d) (42 U.S.C.
295h(d)), as amended by section 818(b) of
the Health Omnibus Programs Extension of
1988, is amended by striking "$1.420,000 for
fiscal year 1990" and thereof "$1,600,000 for
fiscal year 1990".
(e) Sacrum 788B.?Section 788B(f), as
added by section 622 of the Health Omnibus
Programs Extension of 1988. Is amended?
(1) In paragraph (I), by striking -AIDS pa-
tients" and inserting "patients with ac-
quired immune deficiency syndrome":
(2) In paragraph (2), by striking "AIDS
patients" and inserting "patients with ac-
quired immune deficiency syndrome";
(3) in paragraph (3); by striking "AIDS pa-
tients" and inserting "patients with ac-
quired immune deficiency syndrome"; and
(4) in paragraph (4)?
(A) by inserting "alaterrecuscr or STATE
EIPIPORT.?" after "(4)": and
(B) by striking "allocation" and Inserting
In lieu thereof "allotted".
(f 1 Samos 798.?Section 796(a) (42 U.S.C.
295h-5(a)), as amended by section 624 of
the Health Omnibus Programs Extension of
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H 11128
CONGRESSIONAL RECORD ? HOUSE October 21, 1988
1988. is amended by striking "shall make
grants" and inserting "may make grants".
(g) SECTION 799A.?Section 799A, as
amended- by section 637(a) of the Health
Omnibus Programs Extension of 1988, is
amended?
(1) in subsection (1)(4)?
(A) by striking "this paragraph" and in-
serting "this section": and
(B) by striking "acting through the Direc-
tor of the Indian Health Service"; and
(2) in subsection (h)(2), by striking "each
of the fiscal years 1989. 1990. and 1991" ant!
inserting "fiscal year 1989".
SEC. MIL AMENDMENTS TO TITLE VIII.
(a) Smug; 843.--Section 843(b), as added
by section 715 of the Health Omnibus Pro-
grams Extension of 1988, is amended in sec-
tion 843(b), by striking "844(a)" and insert-
ing "827(a)".
(b) Szc-rion 847.?Section 847(j), as added
by section 716 of the Health Omnibus Pro-
grams Extension of 1988, is amended by
striking "subsection Cl)" and inserting "sub-
section (k)".
SEC. 2.117. AMENDMENTS TO TITLE =IL
(a) SecrioN 2304.?Section 2304(cX2XB),
as added by section 201(4) of the Health
Omnibus Programs Extension of 1988, is
amended by striking the period and insert-
ing a semicolon.
(b) Szt-rioN 2313.?Section 2313, as added
by section 201(4) of the Health Omnibus
Programs Extension of 1988. is amended?
(I) in subsection (a), by striking "through
the National Institutes of Allergy" and in-
serting "through the Director of the Na-
tional Institute of Allergy"; and
(2) in subsection (b)(2)(B)(111), by striking
"Institutes" and inserting "Institute".
(c) SzcrroN 2317.?Section 2317(e), as
added by section 201(4) of the Health Omni-
bus Programs Extension of 1988, is amended
in the subsection heading by inserting "ON
Cuisicat Tau= AND TREATMENTS" after
"BANK".
(d) Seams 2320.?Section 2320(aX5), as
added by section 201(4) of the Health Omni-
bus Programs Extension of 1988, is amended
in the first sentence, by striking "section"
and inserting "subsection".
(e) Sxcirow 2341.--Section 2341(c), as
added by section 201(4) of the Health Omni-
bus Programs Extension of 1988, is amended
by striking "Federal Policy Act" and insert-
ing "Amendments".
SEC. MIL AMENDMENTS TO TITLE MEM
(a) Sacrum 2402.?Section 2402(b), as
added by section 211 of the Health Omnibus
Programs Extension of 1988, is amended in
the last sentence, by inserting "infected"
alter "health services to individuals".
(b) SgcrroN 2404.?Section 2404(c)(1), as
added by section 211 of the Health Omnibus
Programs Extension of 1988, is amended by
striking "September 1 of 1989" and insert-
ing "September 1. 1989,".
(c) SECTION 2409.--Section 2409. as added
by section 211 of the Health Omnibus Pro-
grams Extension of 1988. is amended?
(1) in subsection (b), in the subsection
heading, by inserting "or PAYMENTS" after
"Wrrattoixonso": and
(2) in subsection (e)(1), by striking "the
several States" and inserting "several
States".
(d) SECTION 2411.?Section 2411(a), as
added by section 211 of the Health Omnibus
Programs Extension of 1988, is amended in
the first sentence, by inserting before "this
Part." the following: "any program or. serv-
ice carried out pursuant-to".
(e) SscrioN 2413.?Section 2413(4XB), as
added by section 211 of the Health Omnibus
Programs Extension of 1988, is amended by
striking "section 2408(d)" and inserting
"subsections (b) and (d) of section 2408".
-Cl) Sacrum 2414.?Section 2414. as added
by section 211 of the Health Omnibus Pro-
grams Extension of 1988. is amended?
(1) in subsection (a), by striking "grants
under section 2401" and inserting "allot-
ments under section 2401(a)"; and
(2) in subsection (b), by striking "or terri-
tory" each place it appears.
(g) SscrioN 2415.?Section 2415, as added
by section 211 of the Health Omnibus Pro-
grams Extension of 1988, is amended by
striki W "Part A" and all that follows and
Inserting "this part is repealed.".
(h) Sacrum 2421.?Section 2421. as added
by section 211 of the Health Omnibus Pro-
grams Extension of 1988, is amended?
(I) in Paragraph (1) of subsection (a)?
(A) by striking "patients infected" and all
that follows through "persons who" and in-
serting the following: "individuals infected
with the etiologic agent for acquired
Immune deficiency syndrome' means indi-
viduals who": and
(B) by striking "such person with the
human immunodeficiency virus," and insert-
ing "such individuals with such etiologic
agent.'":
(2) in paragraph (2) of subsection (a), by
striking "persons" and inserting "Individ-
uals";
(3) in subsection (b)?
(A) by striking "patients infected with the
human immunodeficiency virus," and insert-
ing the following: "individuals infected with
the etiologic agent for acquired immune de-
ficiency syndrome,"; -and
(B) by striking "such patients" and insert-
ing "such individuals";
(4) in paragraph Cl) of subsection (c)?
(A) in the matter preceding subparagraph
(A), by striking "patients infected with the .
human immunodeficiency virus" and insert-
ing the following: "individuals infected with
the etiologic agent for acquired immune de-
ficiency syndrome"'
(B) in subparagraph (A)--
(I) in the matter preceding clause (1), by
striking "such patients" and inserting "such
individuals"'
(11) in clause (11), by striking "AIDS pa-
tients" and inserting "individuals with ac-
quired immune deficiency syndrome"; and
(111) in clause (111), by striking "patients"
and inserting "such individuals"; and
(C) in subparagraph (B), by striking "pa-
tients infected with the human immunodefi-
ciency virus" and inserting the following:
"Individuals infected with the etiologic
agent for acquired immune deficiency syn-
drome";
(5) in paragraph (2XC) of subsection (c),
by striking "patients infected with the
human immunodeficiency virus" and insert-
ing the following: "individuals infected with
the etiologic agent for acquired immune de-
ficiency syndrome";
(6) in subsection (dX2XB), by striking
"AIDS cases" and inserting "cases of ac-
quired immune deficiency syndrome";
(7) in subsection (eX2)(A), by striking "pa-
tients infected with the human immunodefi-
ciency virus" and inserting the following:
"individuals infected with the etiologic
agent for acquired immune deficiency syn-
drome";
(8) in paragraph (1) of subsection (f )?
(A) by striking "the acquired immunodefi-
ciency syndrome" and inserting "acquired
Immune deficiency syndrome"; and
(B) by striking "human immunodeficiency
virus" and inserting "etiologic agent for
such syndrome";
(9) in Paragraph (2) of subsection (1), by
striking "the acquired immunodeficiency
syndrome" and inserting "such syndrome";
and
(10) in subsection (g)?
(A) by striking "1988" and inserting
"1989"; and
(B) by striking "1989 through 1991" and
inserting "1990 through 1992".
(1) SecrioN 2432.?Section 2432. as added
by section 211 of the Health Omnibus Pro-
grams Extension of 1988, is amended?
(1) in subsection (0?
(A) in the matter preceding paragraph (1).
by striking "indicate that the individual"
and inserting "indicate that an individual";
and
(B) in paragraph (6), by striking "(4)" and
inserting "(5)"; and
(2) in subsection (e)--
(A) in paragraph (1), by striking "part"
and inserting "subpart":
(B) in paragraph -(2), by striking "part"
and inserting "subpart"; and
(C) in paragraph (3), by striking "part"
and inserting "subpart".
SEC. 2119. AMENDMENTS TO FIRST TITLE XXV.
(a) Secrunt 2500.?Section 2500(a). as
added by section 221 of the Health Omnibus
Programs Extension of 1988, is amended by
striking "IN GENERAL,?" and inserting "IN
Cisingest.?" and by striking "this part" and
inserting "this title".
(b) SscrioN 2502.?Section -2502(9), as
added by section 221 of the Health Omnibus
Programs Extension of 1988, is amended by
striking "section 2525" and inserting "sec-
tion 253 of the AIDS Amendments of 1988".
(c) Seems 2503.?Section 2503(a)(3), as
added by section 221 of the Health Omnibus
Programs Extension of 1988, is amended by
striking "and" alter the semicolon.
(d) Sacrum 2505.--Section 2505(b), as
added by section 221 of the Health Omnibus
Programs Extension of 1988, is amended?
(1) in paragraph (1), by inserting "make"
before "payments"; and
(2) in paragraph (2), by inserting "make"
before "payments".
(d) SacrzoN 2506.?Section . as added by
section 221 of the Health Omnibus Pro-
grams Extension 01 1988, is amended--
(1) in the matter preceding paragraph (1),
by striking ""The" and inserting "(a) IN -
Cisissam.?The";
(2) in paragraph (5), by striking the
matter after and below subparagraph (B);
(3) in. paragraph (8)?
(A) by striking "funds from to payments"
and inserting "funds from payments"; and
(B) by striking "and" after the semicolon;
(4) in paragraph (9), by striking "2509(e):"
and inserting "2508(e); and"; and
(5) add at the end the following new sub-
section:
"(b) DErINTITON.?Por purposes of subsec-
tion (a)(5), the term 'significant percentage'
means at least a percentage of 1 percent of
the number of reported cases of acquired
Immune deficiency syndrome in the United
States.".
(e) Sscrzo? -2507.?Section 2507. as added
by section 221 of the Health Omnibus Pro-
grams Extension of 1988, is amended?
(1) in subsection (a)(1). by striking
"amount described" and inserting "applica-
ble amount specified";
(2) in subsection (b)?
(A) in paragraph Cl)?
(I) by striking "2516(a)" and inserting
"2514(a)"; and
(11) by striking "subsection - (a)(1) is" and
inserting "subsection (a)(1) shall be";
(B) in paragraph (2), by striking "subsec-
tion (a)(1) is" and inserting "subsection
(aX1) shall be"; and
(C) in paragraph (3), by striking "subsec-
tion (a)(1) is" and inserting "subsection
(aX1) shall be": and
(3) in subsection (d)?
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October 21, 1988 CONGRESSIONAL RECORD - HOUSE
(A) in paragraph (1), in the last sentence.
by inserting "under section 2501(a)" after
"allotment"; and
(B) in paragraph (2 XA). by striking "2507"
and inserting "2503".
(1) Szcnorr 2508.-Section 2508, as added
by section 221 of the Health Omnibus Pro-
grams Extension of 1988, is amended-
(1) in subsection (aX1), by striking "2507"
and inserting "2503";
(2) in subsection (b)-
(A) in the subsection heading, by inserting
"OF PAYMENTS" before the period; and
(B) in paragraph (1), by striking "2507"
and inserting "2503";
(3) in subsection (d), by striking "2507"
and inserting "2503"; and
(4) in subsection (eX1), by striking "2507"
and insert "2503".
(g) Szcrion 2510.-Section 2510(b)(2), as
added by section 221 of the Health Omnibus
Programs Extension of 1988, is amended in
the firstsentence, by striking "the program
involved" and inserting "section 2501(a)".
(h) Szerion 2512.-Section . as added by
section 221 of the Health Omnibus Pro-
grams Extension of 1988,15 amended in the
last sentence, by striking "2301" and insert-
ing "2301(a)".
(1) Siscrron 2524.-Section 2524(bX2), as
added by section 221 of the Health Omnibus
Programs Extension of 1988. is amended by
striking "this section" and inserting "the
AIDS Amendments of 1988".
SEC. 2120. AMENDMENT TO SECOND TITLE XXV AND
TO CERTAIN OTHER PROVISIONS.
(a) TITLE XXV.-The second title XXV,
relating to miscellaneous and-as redesignat-
ed by section 201(2) of the Health -Omnibus
Programs Extension of 1988 and made the
second such title pursuant to section 221 of
the Health Omnibus Programs Extension of
1988, is amended by redesignating sections
2501 through 2514 as sections 2604 through
2614.
(b) CERTAIN Ornm Psovxmous.-The
Public Health Service Act (42 U.S.C. 201 et
seq.) is amended-
(1) in section 465(f). by striking "2501"
and inserting "2601";
(2) in section 497, by striking "2501" and
inserting "2601"; and
(3) in section 305(1), by striking "2513"
each place it appears and inserting "2613".
CHAPTER 3-TECHNICAL AND CONFORMING
AMENDMENT TO FEDERAL FOOD. DRUG,
AND COSMETIC ACT
SEC. 2631. AMENDMENT TO SECTION 103.
Section 903(b X2) -of. the Federal Food,
Drug. and Cosmetic Act (as added by section
503 of the Health Omnibus Programs Ex-
tension of 1988) is amended by inserting
"for executing this Act and" after "shall be
responsible".
CHAPTER 4-MISCELLANEOUS
SEC. 2611. MISCELLANEOUS.
If the bill, H.R. 4833, of the One Hun-
dredth Congress, is enacted, and the Health
Omnibus Programs Extension of 1988 has
not been enacted, then title VIII of the
Public Health Service Act is amended to
read as if such H.R. 4833 had not been en-
acted. If the Health Omnibus Programs Ex-
tension of 1988 is enacted, and the bill. H.R.
4833. of the One Hundredth Congress. Is
subsequently enacted, then title VIII of the
Public Health Service Act is amended to
read as if such H.R. 4833 had not been en-
acted.
TITLE III-DRUG ABUSE EDUCATION AND
PREVENTION
SEC- 3001, TABLE OF CONTENTS.
The table of contents for this title is as
I ollows: -
TITLE IU-DRUG ABUSE EDUCATION
AND PREVENTION
Sec. 3001. Table of contents.
Subtitle A-Drug and Alcohol Abuse
Education Programs
CHAPTER 1-Arnonot. Aetna EDUCATION
PROGRAMS
Sec. 3101. Innovative alcohol abuse 'educa-
tion programs.
CHAPTER 2-DRUG ABUSE EDUCATION FOR PAR-
iscipmers IN THE SPECIAL SUPPLEMENTAL
POOD PROGRAM FOR WOKEN. INFANTS. AND
CHILDREN
Sec. 3201. Drug abuse education for partici-
pants in the special supplemen-
tal food program for women,
infants, and children.
Case= 3-Amminozers To THE Daus-Fags
SCHOOLS AND COMMUNITIES ACT OF 1950
Sec. 3301. Authorization of appropriations.
Sec. 3302. Limitation on administrative
costs.
Sec. 3303. State programs.
Sec. 3304. State applications.
Sec. 3305. Responsibilities of State agencies.
Sec. 3306. Local drug abuse education and
_prevention programs.
Sec. 3307. Reports,
Sec. 3308. Teacher training.
Sec. 3309. Federal activities. ?
Sec. 3310. Drug-free schools model criteria
and forms.
Sec. 3311. Development of early childhood
education drug abuse preven-
tion curriculum materials.
CHAPTER 4-00msruurrr-Baszo VOLT/TITEER
DEMONSTRATION PROJECTS FOR DRUG ABUSE
EDUCATION AND PREVENTION SERVICES AND
Acriarras
Sec. 3401. Community-based volunteer dem-
.onstmtion projects for drug
abuse education and preven-
tion services and activities.
Sec, 3402. Extension of drug abuse preven-
tion programs under the Do-
mestic Volunteer Service Act.
Subtitle B-Drug Abuse Education and
Prevention
CHASTER 1-Dana EDUCATION AND
PREVENTION RELATING TO YOUTH GANGS
Sec. 3501. Establishment of drug abuse edu-
cation and prevention program
relating to youth gangs.
Sec. 3502. Application for grants and con-
tracts.
Sec. 3503. Approval of applications.
SEc. 3504. Coordination with juvenile jus-
tice programs.
Sec. 3505. Authorization of appropriations.
CHAPTER 2-PROGRAM FOR RUNAWAY AND
HOMELESS Yours
Sec. 3511. -Establishment of program.
Sec. 3512. Annual report.
Sec. 3513. Authorization of appropriations.
Sec. 3514. Applications.
Sec. 3515. Review of applications.
CHAPTER 3-0031311711ITY PROGRAM
Sec. 3521. The Community Youth Activity
Program.
Sec. 3522. Evaluation of drug abuse educa-
tion and prevention efforts.
Subtitle -C-Miscellaneous
Sec. 3601. Definitions.
Subtitle A-Drug and Alcohol Abuse Education
Programs
CHAPTER I-ALCOHOL ABUSE EDUCATION
PROGRAMS
SEC. 3101. INNOVATIVE ALCOHOL ABUSE EDUCA-
TION PROGRAMS.
Part F of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
3151 at seq.) is amended-
H 11129
(1) by redesignating section 4607 as sec-
tion 4608. and
(2) by inserting after section 4606 the fol-
lowing new section:
"SEC 1607. INNOVATIVE ALCOHOL ABUSE EDUCA-
TION PROGRAMS.
"(a) PROGRAMS FOR CHILDREN OF ALCOHOL-
ics.-The Secretary is authorized to develop
materials for innovative programs of alcohol
abuse education, especially programs that
focus on the effect of the disease of alcohol-
ism on families of alcoholics, particularly
with respect to children of alcoholics. Pro-
grams for which materials are developed
under the preceding sentence should be pro-
grams designed to benefit young children,
particularly children in grades 5 through 8.
"(b) TRAINING PROGRAMS FOR EDUCATORS.-
The Secretary may make grants to pro-
grams for educators that are designed to-
"(1) increase awareness of children's prob-
lems that may be caused by an alcoholic
parent:
"(2) enhance the ability of such educators
to identify children at risk for alcohol
abuse;
"(3) inform such educators concerning re-
ferral of children of. alcoholics for appropri-
ate professional treatment; and
"(4) train such educators to inform the
public about the special problems of chil-
dren who have an alcoholic parent.".
CHAPTER 2-DRUG ABUSE EDUCATION FOR
PARTICIPANTS IN THE SPECIAL SUPPLE-
MENTAL FOOD PROGRAM FOR WOMEN,
INFANTS, AND CHILDREN
SEC. 3201. DRUG ABUSE EDUCATION FOR PARTICI-
PANTS IN THE SPECIAL-SUPPLEMEN-
TAL FOOD PROGRAM FOR WOMEN. IN-
FANTS, AND CHILDREN.
Section 17 of the Child Nutrition Act of
1986 (42-U.S.C. 1786) is amended as follows:
(1) Pureeoss.-Subsection (a) is amended
by striking "health problems" in the last
sentence and inserting "health problems, in-
cluding drug abuse,".
(2) Darrirrrion.--iubsection (b) is amend-
ed by adding at the end the following new
Paragraph:
"(16) "Drug abuse education" means-
"(A) the provision of information concern-
ing the dangers of drug abuse:
"(B) the referral of participants who are
suspected drug abusers to drug abuse clinics,
treatment programa, counselors, or other
drug abuse professionals; and
"(C) the provision of materials developed
by the Secretary under subsection (n)"'
(3) EDUCATION.-Subsection ( e)(1) is
amended by inserting "and drug abuse edu-
cation" after "nutrition education" each
place it appears in the first and second sen-
tences.
(4) STATE !TAIL-Subsection (f) is amend-
ed-
(A) in paragraph (1 XCXiii). by inserting
"drug abuse education." after "family plan-
ning,". and
(B) in paragraph (14)(A), by inserting
"and drug abuse education" after "educa-
tion"'
(5) NATIONAL ADVISORY COUNCIL ON MATER-
NAL, INFANT, AND "mak worarrion.-Subsec-
tion (k)(1) is amended-
(A) in the first sentence, by striking
"twenty-one" and inserting "twenty-three",
and
(B) in the last sentence-
(I) by striking "and" the last place it ap-
pears. and
(ii) by striking the period at the end and
inserting the following: "; one member shall
be an expert in drug abuse education and
prevention; and one member shall be an
expert in alcohol abuse education and pre-
ventior
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? II 11130
CONGRESSIONAL RECORD ? HOUSE October 21, 1988
(6) STUDY: AUTHORIZATION OF APPROPRIA-
zioNs.-Such section is amended by adding
at the end the following new subsection:
"(n)(1) The Secretary, before the end of
the 6-month period beginning on the date of
the enactment of this Act, shall, directly or
through grant or contract, conduct a study
with respect to appropriate methods of drug
abuse education instruction.
"(2) The Secretary shall-
"(A) directly, or through grant or con-
tract, prepare materials for purposes of
drug abuse education provided under this
section; and
"(B) distribute the materials prepared
under subparagraph (A) to each State
agency for distribution to local agencies par-
ticipating in the program under this section.
"(3) There is authorized to be appropri-
ated-
"(A) $500.000 for the fiscal year 1989 for
purposes of carrying out the study required
by paragraph (1):
"(B) $2,750.000 for the fiscal year 1989
and such sums as may be necessary for each
succeeding fiscal year for purposes of pre-
paring drug abuse education materials as re-
quired by paragraph (2)(A); and
"(C) $8,750,000 for the fiscal year 1989
and such sums as may be necessary for each
succeeding fiscal year for purposes of-
"(i) distributing drug abuse education ma-
terials as required by paragraph -(2)(B); and
"(ii) making referrals under drug abuse
education programs.
"(4) The State agency, in each fiscal year,
shall provide drug abuse education to par-
ticipants in the program under this section
commensurate with amounts appropriated
for such fiscal year pursuant to the authori-
zations contained in paragraph (3).".
CHAPTER 3-AMENDMENTS TO THE DRUG-
FREE SCHOOLS AND COMMUNITIES ACI.
OF 1986
SEC. 3301. AUTHORIZATION OF APPROPRIATIONs,
Section 5111(5) of the Drug-Free Schools
and Communities Act of 1986 thereafter In
this chapter referred to as the "Act") (20
U.S.C. 3181 et seq.) is amended by striking
"$250.000,000 for the fiscal year 1989" and
inserting "$350.000,000 .for the _fiscal year
1989".
SEC. 3302. LIMITATION ON ADMINLSTRATTVE COST&
Section 5121(a) of the Act 120 U.S.C.
2191(a)) is amended-
(1) by inserting "(1)" after "Paonaast.--;
and
(2) by .aciding at the end the following new
paragraph:
"(2) Not more than 2.5 percent of the
amount reserved under paragraph (1) may
be used for administrative costs of the chief
executive officer of the State incurred in
carrying out the duties of the chief execu-
tive officer under this part.".
SEC. 3303. STATE PROGRAMS.
(a)..INTRASTATT Creams itl3THORTZED.-Sec-
ton 5122 of the Act (20 U.S.C. 3122) is
amended as follows:
(1) IN GENERAL.-13nbsection la, Is -amend-
ed-
(A) by striking "and" at the end of para-
graph (5);
(B) by striking the period at the end of
paragraph (6) and Inset ng-",,'end" and
(C) by adding at the -end the following
new paragraph:
"(7) intrastate drug and alcohol abuse
education and prevention centers tor provid-
ing outreach, ornisaltation, training, and re-
ferral services to schools, organizations. .and
members of time esenreunity, except that-
administrative einienses of such
-center& incinding overhead expenses. studl
-be considered, for the purposes of section
.5121(aX2). to be-administrative costs of the
chief idministrative officer of the State in-
curred in carrying out the -duties of the
chief executive officer under this part;
"(B) amounts made available for purposes
of this paragraph may not be used for build-
ing or construction: and
"(C) the activities of any such center that
receives assistance -under this -paragraph
shall be coordinated with the activities of
other relevant centers in the State?.
(2) Inmovarivz raoccuists.-Subsection (b)
Is amended-
(A) in paragraph (1), by inserting "that
are designed" after -coordinated services";
(B) in paragraph (2)-
(i) by redesignating subparagraphs (B)
through (1) as subparagraphs (C) through
(J), respectively; and
(ii) by adding after subparagraph (A) the
following new subparagraph:
"(B) has experienced repeated laflure in
school:"; and
(C) by adding at the end the following
new paragraph:
"(3) Not more than 10 percent of partici-
pants in programs under paragraph (1) may
be individuals who are not high-risk youth
If the Secretary determines that the partici-
pation of such individuals will not signifi-
cantly diminish the amount or quality of
services provided to high-risk youth.".
(3) LIMITATION ON USE OP roans.--Such
section is further amended by adding at the
end the following new subsection:
"(c) Amounts made available to the chief
executive officer of a State for use under
this section shall be expended only -for ac-
tivities that-
"(1) are authorized tinder subsection (a) or
(b): and
"(2) have demonstrable benefits for indi-
viduals who are eligible to participate In
such activities. -
SEC. 330LBTATE APPLICATIONS.
Section 5123(b) of the Act (20 T7S.C.
3193(1))) is amended-
(1) by redesignating paragraphs 46)
through 19) as paragraphs (7) through (10),
respectively:.
(2) by adding :after paragraph (5)
lowing new paragraph:
"(6) include a comprehensive plan 'describ-
ing how money allocated to the chief execu-
tive officer is to be used;";
(3) by striking "'and" at the end of para-
graph 19) (as redesignated by Paragraph
(1));
(4) by Striking the period at the end of
paragraph (10) (as redesignated by para-
graph (1)) and inserting ";-and"; and
(5) by adding at the end the following new
paragraph:
-(11) provide a description of State teach-
er certification requirements, if applicable.
-regarding training in drug and alcohol
abuse education and prevention?.
SEC. 3305. RESPONSIBILITIES OF STATE AGENCIES.
Section 5124Cb)(2) of the Act (20 U.S.C.
3194(b(2)) is amended to read as folio=
"(2) the development, identification, and
dissemination of the 'most -readily available,
accurate, and up-to-date model curriculum
materials for consideration by local educa-
tional agencies and for evaluation of. the
materials;".
SEC. MM. _LOCAL 31RUG ABUSE EDUCATION AND
PREVENTIONPROGRAMS.
Section 5125(a) of the Act (20 V.S.C.
3195(a)) Is amended-
(1) in paragraph CIL by striking "curricu-
la" and all that follows through the semi-
colon and inserting the following "curricula
and textbooks and materials, including
audio-visual materials-
-NA) .developed from the most readily
available, accurate, and up,to-clate informa-
tion; and
"(B) which clearly -and consistently -teach
. that illicit drug -use is wrong and harmful";
(2) in paragraph (4), by striking "and par-
ents." and -inserting the following: ", -par-
ents, and immediate families?:
(3) -by redesignating paragraphs -(5)
through -(12) -as paragraphs VT) through
(14).-respectively: and
(4) by adding after paragraph (4) the fol-
lowing new paragraphs:
"(5) outreach activities, drug and alcohol-
abuse education and prevention programs,
and referral services, for school dropouts:
"(6) guidance counseling programs and re-
ferral services for parents and immediate
families of .drug andalcohol abusers:".
SEC. 3307. REPORTS.
Section 5127 of the Act (20 3197) Is
amended to read as follows:
!SEC. 5127. REPORTS.
"(a) Seirs Boars.-Each State ahall
submit to the Secretary a biennial report
that contains information on the State and
local programs conducted with .assistance
furnished under this title. Each such report
shall-
"(1) be in a standard.format:
"(2) request standard information as pre-
scribed -by the Secretary; and
".(3 )
"(A) a description of the drug and alcohol
problem in the elementary and secondary
schools in the State as of -the -date of the
report;
"(B) a description of the range of drug
and . alcohol policies in the schools in the
State:
"(C) the number of individuals served by
this title;
"(D) the demographic characteristics of
,populations served; ?
"CE) types of service provided and dura-
tion of the services:
"(F) information on how the State has
targeted the populations listed under sec-
tion 5122(b X2); and
"(CI) a description of the model -drug and
.alcohol abuse education and prevention pro-
grams in the State that have been demon-
.strated -to be -effective.
"(b) LOCAL RErogrs.-Each -State educa-
tional agency shall request the Information
required to prepare the biennial reports re-
quired by subsection (a) as part of the local
educational agency 'application -and progress
reports -required by -section 5126. Informa-
tion requested under the preceding sentence
shall be limited to information -described in
section 5126 and subsection-Oil".
SHC.53011. TEACHANTEAINING.
ta) ,Gzinstaz..-Mhe -Act is further
amended-
(1) by redesignating parts C through E as
parts D through F. respectively; and
. (2) by -inserting -after part B -the .following
new part:
"PART C-TEACHER TRAINING
?MIEC.1123.PROGRAM ATID.ALLOCATIONS.
"(a) Dr Geminuu..-From amounts -appro-
priated 'pursuant to -the authorization con-
-tained .in -section 5111(aX2). -the Secretary
shall make ?grantsto.State educational agen-
cies. local -educational agencies, and institu-
tions -of higher education for teacher train-
ing -programs in 'accordance with this part.
"(1)3 Esz or Forne.-Amounts made avail-
able ander -this -part -shall be lased to estab-
lish. expand, -or enhance worrying and -ac-
tivities for the training of teachers, adminis-
trators, guidance ccumeelors, land-other edu-
cational ? personnel concerning drug and al-
cohol abuse education and prevention. Such
programs shall be coordinated through the
State agency for higher -education ? or State
educational agency, as appropriate. and.
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October 21, 1988 CONGRESSIONAL RECORD ? HOUSE
shall be coordinated, as appropriate, with
the activities of the regional centers estab-
lished under section 5135.
"(c) APPLIC.ATIONS.?(I) In order to be eli-
gible to receive a grant under this section
for any fiscal year, a State educational
agency, a local or intermediate educational
agency, an institution of higher education,
or consortium thereof, shall submit an ap-
plication to the Secretary at such time and
In such manner as the Secretary shall pre-
scribe.
"(2) Each such application shall?
"(A) set forth the activities and programs
to be carried out with funds paid under this
part;
"(B) contain an estimate of the cost for
the establishment and operation of such
programs;
"(C) provide assurances that the Federal
funds made available under this section
shall be used to supplement and, to the
extent practical, to increase the level of
funds that would, in the absence of such
Federal funds, be made available by the ap-
plicant for the purpose described in this
part, and in no case to supplant such funds;
"(D) provide assurances of compliance
with the provisions of this part: and
"(E) include such other information and
assurances as the Secretary reasonably de-
termines to be necessary.".
(b) ADTHORIZAITON OT APPROPRIATIONS.?
Section 5111(a) of the Act (20 U.S.C.
3181(a)) (as amended by section 3301) is fur-
ther amended?
(1) by inserting "(1)" after the subsection
designation;
(2) by inserting after "title" the following:
"(other than part C)"; and
(3) by adding at the end the following new
paragraph:
"(2)(A) Except as provided in subpara-
graph (B), there are authorized to be appro-
priated for purposes of carrying out part C
616,000,000 for fiscal year 1989. and
820,000.000 for each succeeding fiscal year
ending prior to October 1, 1993.
"(B) No funds may be appropriated for
any fiscal year pursuant to the authoriza-
tion contained in subparagraph (A) unless
the amount appropriated for such fiscal
year pursuant to the authorization con-
tained in Paragraph (1) is not less than
$230.000,000.".
SEC. sue. FEDERAL ACTIvrnEs,
Section 5132 of the Act (20 U.S.C. 3212) is
amended as follows:
(1) Disszsinumou or MATERIALS AND co-
-ORDINATION OF Acrrvirr--Subsection (bX3)
Is amended?
(A) by inserting after "disseminate" the
following'. "the most readily available, accu-
rate, and up-to-date"; and
(B) by inserting before the semicolon the
following: "' and coordinate activities that
complement media efforts of groups such as
the Partnership for a Drug-Free America,
professional and amateur sports organiza-
tions, and other public service organiza-
tions".
(2) iTTIDIES.?Subsection (c) is amended?
(A) by inserting "(1)" before "The";
(B) by striking the last sentence; and
(C) by adding at the end the following
new paragraphs:
"(2) The Secretary shall summarize and
consolidate ,the biennial reports submitted
under section 5127(a) and shall transmit
such summary and consolidation, together
with recommendations for future education
and prevention efforts, to the Associate Di-
rector of the Office of National Drug Con-
trol Policy, and to the Congress.
"(3 XA) The Secretary, in consultation
with the Secretary of Health and Human
Services, shall conduct an independent eval-
uation. directly or by contract, of a repre-
sentative sample of programs assisted under
this title and shall identify successful
projects which may be replicated by other
local educational agencies throughout the
country. The Secretary shall submit to the
Congress?
"(I) an interim report containing the re-
sults of such evaluation and a description of
such projects not later than October 1, 1991,
and
"(ii) a final report containing such infor-
mation not later than January 1, 1994.
"(B) The Secretary shall ensure that the in-
formation contained in the reports required
by subparagraph (A) is submitted for dis-
semination to the National Diffusion Net-
work and through the regional centers es-
tablished under section 5135.".
SEC 3310. DRUG-FREE SCHOOLS MODEL CIUTERIA
AND FORMS.
Section 5142 of the Act (20 U.S.C. 3222) is
amended?
(1) by redesignating subsection (b) as sub-
section (c); and
? (2) by inserting the following new subsec-
tion after subsection (a):
"(b) Monet CRITERIA AND FORKS.?The
Secretary, in consultation with a represent-
ative sample of national educational organi-
zations, shall develop model criteria and
forms for the collection of data and infor-
mation with respect to programs assisted
under this title. In order to enable schools
and community-based organizations to
share uniform data and information with
respect to programs assisted under this title,
the model criteria and forms shall be dis-
seminated to the regional centers estab-
lished under section 5135 as a resource for
State and local educational programs.".
SEC. 3311. DEVELOPMENT OF EARLY CHILDHOOD
EDUCATION DRUG ABUSE PREVEN-
TION CURRICULUM MATERIALS.
The Act is further amended?
(1) by redesignating part F (as redesignat-
ed by section 3158) as part 0; and
(2) by inserting after part E the following
new part
'PART F?DEVELOPMENT OF EARLY CHILD-
HOOD EDUCATION DRUG ABUSE PREVEN-
TION CURRICULUM MATERIALS
"SEC. 5151. PROGRAM AUTHORIZED.
"(a) 01241MAL ADTHORITY.?The Secretary
shall, in consultation with the Secretary of
Health and Human Services., provide for the
development of age-appropriate drug abuse
education and prevention curricula, pro-
grams, and training materials for use in
early child development programs, and pro-
vide for the dissemination of such materials
to early child development programs. in-
cluding Head Start programs, preschool pro-
grams funded under chapter 1 of title I of
the Elementary and Secondary Education
Act of 1965, programs funded under the
Education of the Handicapped Act, and
such other preschool programs as the Secre-
tary deems appropriate.
"(b) RESERVATION.?The Secretary shall,
from amounts reserved under section
5112(aX5), reserve not less than 81,000,000
to carry out the development and dissemina-
tion of the materials required by this part".
CHAPTER 4?COMMUNITY-BASED VOLUN-
TEER DEMONSTRATION PROJECTS FOR
DRUG ABUSE EDUCATION AND PREVEN-
TION SERVICES AND ACTIVITIES
SEC. 3481. COMMUNITY-BASED VOLUNTEER DEMON-
STRATION PROJECTS FOR DRUG
ABUSE EDUCATION AND PREVENTION
SERVICES AND ACTIVITIES.
(a) PROGRAM Atrrnoanza.?
(1) GENERAL AurRoarrr.--Section 124 of
the Domestic Volunteer Service Act of 1973
(42 U.S.C. 4951 et seq.) is amended?
H 11131
(A) by inserting "tar after the section
designation: and
(B) by adding at the end the following
new subsection:
"(b)(1) The Director is authorized to make
grants to public and nonprofit organizations
for innovative, community-based volunteer
demonstration projects which provide com-
prehensive drug abuse education and pre
vention services and activities to youths
during the summer months. Such projects
may include?
"(A) extending effective school-based pre
grams, or other programs operated during
the school year, to the summer months;
"(B) developing or expanding summer rec-
reational, volunteer service, and youth de-
velopment activities to provide for youths
positive alternatives to illicit drug use: and
-"(C) incorporating drug abuse education
and prevention activities in public and pri-
vate programs which serve youths during
the summer months.
"(2) In awarding grants under this subsec-
tion, the Director -shall give priority to
projects that? -
"(A) serve high-risk youths; and
"(B) provide opportunities for parent in-
volvement.
"(3) The Director may not limit the
number of years for which eligible entities
may apply for and receive grants.
"(4) For the purposes of this subsection,
the term 'high-risk youth' has the meaning
given such term in section 5122(b)(2) of the
Elementary and Secondary Education Act
of 1965.".
(2) TzczNic.u. Asnammzur.?The table of
contents contained in the first section of
the Domestic Volunteer Service-Act of 1973
(42 U.S.C. 4951 note) is amended by insert-
ing after the item relating to section 123 the
following new item:'
"Sec. 124. Special initiatives.".
SEC. 3402. EXTENSION OF DRUG ABUSE PREVEN-
. TION PROGRAMS UNDER THE DOMES-
TIC VOLUNTEER SERVICE Acr.
Section 501 of the Domestic Volunteer
Service Act (42 U.S.C. 5081) is amended?
(1) in subsection (c)?
(A) by inserting "(other than section
124(b))" in the first sentence after "of this
Act"; and
(B) by adding at the end the following:
"In addition to the amounts authorized to
be appropriated by the preceding sentences,
there are authorized to be appropriated for
support of drug. abuse prevention $4.000.000
In the fiscal year 1989. and $5.000.000 for
each of the fiscal years 1990 and 1991. With
respect to amounts appropriated for any
' fiscal year pursuant to the authorization
contained in the preceding sentence, the Di-
rector?
"(1) shall use not less than 15-percent and
not more than 25 percent of such amounts
for purposes of carrying out section 124(b);
and
"(2) shall ensure that not more than
8500,000 is used for program support."; and
(2) in subsection (dX1), by inserting
"(other than section 124(b))" after "title I"
the first place it appears.
Subtitle B?Drug Abuse Education and
Prevention
CHAPTER 1?DRUG EDUCATION AND
PREVENTION RELATING TO YOUTH GANGS
EC 3501. ESTABLISHMENT OF DRUG ABUSE EDU-
CATION AND PREVENTION PROGRAM
RELATING TO YOUTH GANGS.
? The Secretary of Health and Human Serv
.es, through the Administration on Chil-
dren, Youth, and Families, shall make
grants to, and enter into contracts with,
public and nonprofit private agencies. orga
nizations (including community based orga-
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CONGRESSIONAL RECORD ? HOUSE October 21, 1.988
nizations with demonstrated experience in
this field). institutions, and individuals, to
carry out projects and activities?
(1) to prevent and to reduce the participa-
tion of youth in the activities of gangs that
engage in illicit drug-related-activities.
(2) to promote the involvement of youth
in lawful activities in communities in which
such gangs commit drug-related crimes.
(3) to prevent the abuse of drugs by
youth, to educate youth about such abuse,
and to refer for treatment and rehabilita-
tion members of such gangs who _abuse
drugs,
(4) to support _activities of local police de-
partments and other local law enforcement
agencies to conduct educational outreach
activities in communities in which gangs
commit -drug-related crimes,
(5) to inform gang members and their
families of the availability of treatment and
rehabilitation services for drug abuse.
(6) to facilitate Federal and State coopera-
tion with local school officials to assist
youth who are likely to participate in gangs
that commit drug-related crimes.
(7) to facilitate coordhiation and coopera-
tion among?
(A) local education, juvenile justice, -ern-
PloYment and social service agencies. and
(B) drug abuse referral, treatment. and 're-
habilitation programs,
for the purpose of preventing or reducing
the participation of youth tn activities of
gangs that commit drug-related crimes. and
(8) to provide technical assistance-to eligi-
ble organizations in planning and imple-
menting drug abuse education, -prevention,
rehabilitation, and referral programs for
youth who are members of gangs that
commit drug-related crimes.
SEC. 2502. APPLICATION FOR DRAMS AND CON-
TRACTS.
(a) Summer= or APPLICATIONS.?Any
agency, organization, institution air individ-
ual desiring to receive a grant, or to enter
into a contract, under section 3501 shall
submit -to the Secretary -an application at
such time, in such manner, and containing
or accompanied by such information as the
Secretary may require by run..
(b) Conrsirrs or Arrtmarros.?/fach ap-
plication for assistance under this -chapter
shall?
(1) set forth a project or activity-tor carry-
ing out one or more of the purposes speci-
fied in section 3501 and-specifically identify
each such purpose such -project or activity is
designed to carry out.
(2) provide that such project or activity
-shall be administered by or under the-super-
vision of the applicant,
(3) provide for the proper and efficient ad-
ministration of such project or activity.
(4) provide for regular -evaluation of the
operation of such project-or activity.
(5) provide that -regular reports on such
project or activity shall be submitted to the
Secretary. and
(6) provide such fiscal control and _fund
accounting procedures as :may be necessary
to ensure prudent use, proper disbursement,
and accurate accounting of funds received
under this chapter.
SEC. 3503. APPROVAL OF APPLICATIONS. -
In selecting among applications submitted
under ?section 3502(a), the Secretary shall
give Priority to applicants who propose to
carry out projects and activities?
(1) for the purposes specified in section
3501 in geographical areas in will= fre-
quent and severe drug-related crimes are
committed by gangs whew membezahip is
composed primarily of Yonth.and
(2) that the applicant demonstrates theta
has the broad support of community based
organizationa in such geographicaLareas.
.SEC. 3504. COORDINATION WITH JUVENILE JUSTICE
PROGRAMS.
The Secretary shall coordinate the pro-
gram established by section 3501 with the
programs and _activities carried out under
the Juvenile Justice and Delinquency Pre-
vention Act of 1974 and with the -programs
And activities of the Attorney -General, to
ensure that all such programs and activities
are complementary and not duplicative.
SEC 3505. AUTHORIZATION OF APPROPRIATIONS.
?To carry out -this chapter. there are au-
thorized to be -ainiropriated $15;000.000 for
the fiscal year 1989 and such -sums As may
be necessary for each of the lineal years
1990 and 1991.
-CHAPTER 2?PROGRAM FOR RUNAWAY AND
HOMELESS YOUTH
Elec. =I. ESTABLISHMENT OF 'PROGRAM
(a) The Secretary shall -make grants to
public-and private nonprofit agencies, orga-
nizations, and institutions to carry out re-
search, demonstration, and services projects
designed?
(L) to provide individual, family, and
group counseling to runaway youth and
their families and to homeless youth for the
-Purpose of preventing or reducing.the illicit
use ? of drugs by-such youth..
(2) to develop and support peer:counseling
programs for runaway and homeless youth
related to the Illicit use of drugs,
(3.) to develop and support community
education activities related to 'Melt use of
drags by runaway and homeless youth, in-
cluding outreach to youth individually.
44) to provide to runaway and homeless
youth in rural areas assistance (including
the development of community support
groups) related to the illicit use Of drugs,
(5) to provide to individuals -Involved in
providing services to runaway and-homeless
-youth, information and training regarding
Issues related to the 'illicit use of drugs. by
runaway and homeless youth,
(6) to support research.= the illicit -drug
use by runaway and -homeless youth. and
-the effects on-such youth of. drug abuse by
family members, and any correlation be-
tween-nu% use and attenWialstunicide- and
(7) to improve -the ovailatdlity and voordi-
nation of local services related drug
for runaway and homeless-youth.
(h) Paloarry.?In selecting Among appla
cants for grants ander -subsection la). the
Secretary shall give priority to agencies:and
organizations that have ernierience In lima
aiding services -to runaway and =melees
youth.
(c) Lnarazion.?Gsants anderthisasetten
may be made for a -period not In emceed .3
years. -
age. suk-Atienti..-iteeintr.
Not later than 180 days after She end .of
fiscal yesr for-which tundsare.appropriased
-to carry out -this =apt= the Secretary
_shall gab= to the President. the :Speaker
of the House :of Itepresmitatives, ? and the
President pro.- temoure of the .Senate A
7report?thatisontains-
- (I) a description otthe ? types_of projects
? and activities tar which .gra nia were made
under:this chapterforauch *seal year.
(2)- a :description -of the number and char-
Actoristics of the -youth land tamiliesgerved
. -by such projects and ectivitienand
(3) _a .description of exemplarY projects
and activities for which grants -were made
under this chapter for fiend year.
Mic. stai. auTimaizaTionor APPItoemaTioNs.
(o) Aornozrzcaoa.?Subject to subsection
(b), to can'y out -this chapter, there are-au-
thorized to be -appropriated 115,0003100- for
fiscal . yezr 1989 and such sums -as may be
neceasary ler-each of the lascal. years 1990
_and 1901. ?
(b) Lnerrarion?No 'funds are authorized
to be appropriated for a fiscal year to -carry
out this chapter unless the aggregate
amount appropriated to -carry out title III
of the Juvenile Justice and Delinquency
_Prevention Act of 1974 (42 U.S.C. 5701-5751)
for -such fiscal year is not lees than the ag-
gregate amount .appropriated to carry out
such title for the preceding fiscal year.
SRC 3514. APPLICATIONS.
(a) Striatum= or -APPLreaTION.?Any
State, unit of local government (or combina-
tion of units of local government), agency,
organization. institution, or individual desir-
ing to receive a grant, or enter into a con-
tract, under this chapter shall submit an ap-
plication at such time. in such manner, and
containing or accompanied by such informe-
d= as may be prescribed.by the Federal of-
?ricer who is authorized to make such grant
or enter into such contract (hereinafter in
this chapter referred to as the "appropriate
Federal officer").
(b) CONTENTS OF AMICATION.-1.11 accord-
ance with guidelines established by the ap-
propriate Federal officer, -each application
for assistance under this chapter-shall?
(1) set forth a project or-activity for carry-
ing out AIDE or more of the purposes for
which -such grant or- -contract is authorized
to be made and-expressly identity each such
purpose -such project-.or -activity is -designed
-to carry-out,
(2) provide that such -project or ,activity
shall be administered by or under -the super-
vision of the-applicant,
(3) provide for the proper and efficient ad-
ministration of such project or activity.
(4) provide for regular evaluation of such
project or -activity.
(5) provide that regular reports on such
project -or -activity shall.= -sent to the ap-
propriate Federal officer, and
(6) provide for such fiscal control and
fund accounting Procedures AS. may be nee?
-01;5817 to ensure prudent use, proper dis-
bursement. -and -accurate accounting of
funds received under -this chapter.
SEC.3515.418YZEIV-OF APPLICATIONS.
(a) Cowen:wean= or-Facroas.?In review-
ing applications ardanitted under this chap-
ter. the appropriate Federal officer shall
consider?
. (1) the relative cost and ? effectiveness of
the proposed project or activity in carrying
out purpoins -for which the requested grant
or contract is authorized to be made,
(2) the extent to-which such project or.ac-
tivity will -incorporate sea or innovative
techniques.
.13) the increase in capacity -of the State or
-the public or nonprofit private agency, orga-
nization institution, or _individual involved
to provide =vices to address -the illicit use
of drugs by-runaway and homeless-Youth.
(-4) the extent to vzhichauch project or ac-
tivity serves- commtmitles -which have high
rates -of Illicit drug use by Juveniles 4-includ-
ing runawierand homeless youth).
(5) the-extent to which such project-or ac-
tivity will provide _services in geographical
areas where-similar aervices .are =available -
or in short supply. and
(6) the extent-to which an= protect or ac-
tivity -will increase -the-level of services. or
-coordinate other services, in the community
available--to-eligible youth.
(b) Coaircrxxxvit Paocras.?(1) Applies
tams submitted 'under this chapter ahali be
-selected for approval through a competitive
process to be established -by -rule by the aP
propriate .Federal officer. As pert -of -such a
process, such officer -shall publish s =nee.
to-the Federal Register?
(A).-anneuncing the availability of funds
to-carry out this-pert,
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October 21, 1.988 CONGRESSIONAL RECORD ? HOUSE
(B) the general criteria applicable to the
selection of applicants to receive such funds.
and
(C) a description of the procedures appli-
cable to submitting and reviewing applica-
tions for such funds.
(2) As part of such process, each applica-
tion referred to in subsection (a) shall be
subject to peer review by individuals (ex-
cluding officers and employees of the De-
partment of Justice and the Department of
Health and Human Services) who .have ex-
pertise in the subject matter related to the
project or activity proposed in such applica-
tion.
(c) Exyzorrro Itzvisw.?The appropriate
Federal officer shall expedite the consider-
ation of an application referred to in-subsec-
tion (a) if the applicant demonstrates, to
the satisfaction of the Administrator, that
the failure to expedite such consideration
would prevent the effective implementation
of the project or activity set forth -in such
application.
CHAPTER 3?COMMUNITY PROGRAM
SEC. 3621. THE COMMUNITY YOUTH ACTIVITY PRO-
GRAM.
(a) BLOCK GRANT Paoassat.--:The Secre-
tary of Health and Human Services shall
make grants to eligible States 'to enable
such States to carry out the activities de-
scribed in subsection (e).
(b) APPI1CATI0N.?
) IN GENERAL.--TO be eligible to receive a
grant under this . section, a State, acting on
its own behalf or on behalf of a person,
shall submit to the Secretary an application
that contains such information and is in
such form as may be required by the -Secre-
tary.
(2) Diasoitsrasnort or inan?In the appli-
cation submitted -under paragraph (1), the
State shall demonstrate a need for The ac-
tivities described in subsections (cX3)(B)
and (e) and provide a description of -those
activities and -projects that will receive 11-
nancial assistance from a grant made under
this section to the State.
(c) AMOIINT or Gruarr.?
(1) Mrramow AMOUNT.?Each State that
submits for a fiscal year an application
under subsection (b) that meets the require-
ments of the Secretary shall, subject to the
availability of appropriations, receive a
grant in an amount determined in accord-
ance with paragraph (3).
(2) PROGRAMS COP NATIONAL SIGNIITCANCL?
Of amounts-appropriated orotherwise avail-
able to carry out this section for any fiscal
year, the- Secretary shall reserve 5 percent
to be provided for activities and projects of
national significance, such as activities au-.
thorized by section 681(a)(2)(P) of -The Com-
munity Services Block Grant Act (42 U.S.C.
Sec. 9910(a)(2)(F)), or projects expected to
-have a significant impact in preventing the
abuse of drugs by youth.
? (3) SrEcrrixt APPROPRIATIONS.?
(A) IN RENERAL.?Of the aggregate amount
appropriated under subsection (h) Tor any
, fiscal year and after reserving the amount
? required by paragraph (2). the Secretary
shall?
(I) allot?
(I) 25 percent equally ? among the eligible*.
States if such amount is less thaii
$40,000.000: or
(II) $250,000 to each eligible-State If such
amount equals or exceeds g40.000.000:
(ID allot oneaudf of 1 percent of -such
amount .on the -basis of need among Guam,
American Samoa. the Virgin Islands of The
United States. the ? Commonwealth of the
Northern Mariana Islands, and The 'Trust
? Territory of the Pacific Islands and
? (it) set aside the remainder to be dis-
bursed as described in subparagraph
For purposes of this.subparagaaph. the -term
-State" does not include Guam, American
Samoa, the Virgin Islands of the United
States. the Commonwealth af the Northern
Mariana Islands. and the Trust Territory of
the Pacific Islands.
(B) REALUNDER.?Amounts referred to in
subparagraph (AXiii) -shall be used by the
Secretary to make grants, on a ootapetitive
basis and taking into consideration with re-
spect to the States?
(I) the highest proportions of watoolaged
youth are at -risk of drug abuse:
(H) if a tangible need has been identified
by the State involved: and
MD if the State involved has proposed the
funding of additional 13213jeCtS targeted at
the areas of highest need:
to carry out the activities and projects that
are consistent with the activities described
in subsection (e)(1). The activities and
projects for which such grants are made
shall be selected by the -Secretary from
among proposed activities and projects sub-
mitted to the Secretary by The States. Such
grants shall be made to the States for redis-
tribution to -the per on whose -behalf
the State -submitted an .application under
subsection (b).
(d) Paniarrx ?In =Bring grants under
-this section. the Secretary shall give priori-
ty to?
(1) projects aimed at youth who are not in
school or who areat risk al -dropping .out of
school:
(2) projects that -seek to reimobre drop-
outs in educational programs, involve youth
community-based activities, develop training
or employment opportunities for dropouts.
or provide youth with alternatives to drug
abuse;
lZ) projects to provide alter-school, vaca-
tion, and weekend activities designed to give
youth opportunities to actively participate
In a variety al actiittles. Including youth
sports programa
44)- actlyttlea and linalects that are consist-
ent with activities and projects -described in
subsection (eX1) and that include oarticipa-
tion by the business community:
(5) projects that provide outreach to indi-
-vidualsof alleges who are at high risk of in-
volvement with drugabuse:
(6) projects targeted to communities -with
the most -serious drug _abuse -problems to
enable. such communities to develop pro-
grams that =ordinate _Federal. State, and
local efforts to develop comprehensive, long-
term, community-wide prevention and edu-
cation strategies;
(7) projects that seek to involve youth
who are members of gangs or who may join
a gang. In?
(A) educational programs; ?
(B) community-based activities:
( C) training a-employment opportunities
or
(D) ether atternatives to gang involve-
meat: and
-(8) projects that seek to inform youth re-
garding the existence and -operation al the
projects referred So in paragraph (7).
(e) Acrrvrcresaisa Psicoscra.-,AFThassial ?
assistance may be provided with a grant re-
ceived under subsection (a) ensile illidstiec-
lion by a State as follinas
(1) COSESIVInry :11SZVICIS AND PARTICI:R.
SIIIPIL-1311CD assbnance may -be provided ? for
community services and partnerships de-
signed-to develop community activities tar-
geted at drug abuse prevention through
education, training, and recreation projects.
-Such services may he provided by, and such
- partnerships may he entered into with?
(A) local educational agencies:
(B) law enforcement agencies
(C) community-haeed ozganizations
II 11133
(D) community action agencies:
(E) local or State recreational depart-
ments: or
(P) business organizations; and
in consultation with local and State health
departments and with community health or
mental health centers when appropriate.
Such assistance may be provided to any
-entity described in subparagraphs (A)
through (P). -either individually or in part-
nerships. Applications for such assistance
shall include a description of the method to
be used to -evaluate the impact the particu-
lar service or partnership is designed to
nave on the drug abuse problem within the
community.