HIV AIDS Resource Guide/HIV-AIDS Resource Guide.iso/STAT/FEDERAL/42290BB1.ASC

Text File | 1994-01-14 | 53KB | 1,220 lines

/* 42 USC 290bb follows- which provides for a Center for
drug abuse treatment. This include many important grant
provisions related to HIV. For example, section (33)
includes funding for development of programs to assist those
who test positive with HIV to deal with their diagnosis'
adverse psychological effects. */
Section 290bb.  Center for Substance Abuse Treatment
(a) Establishment. There is established in the
Administration a Center for Substance Abuse Treatment
(hereafter in this section referred to as the "Center"). The
Center shall be headed by a Director (hereafter in this
section referred to as the "Director") appointed by the
Secretary from among individuals with extensive experience
or academic qualifications in the treatment of substance
abuse or in the evaluation of substance abuse treatment
systems.
(b) Duties. The Director of the Center shall:
  (1) administer the substance abuse treatment block grant
program authorized in section 1921 [42 USC 300y];

     (2) collaborate with the Director of the Center for
Substance Abuse Prevention in order to provide outreach
services to identify individuals in need of treatment
services, with emphasis on the provision of such services to
pregnant and postpartum women and their infants and to
individuals who abuse drugs intravenously;
     (3) collaborate with the Director of the National
Institute on Drug Abuse, with the Director of the National
Institute on Alcohol Abuse and Alcoholism, and with the
States to promote the study, dissemination, and
implementation of research findings that will improve the
delivery and effectiveness of treatment services;
     (4) collaborate with the Administrator of the Health
Resources and Services Administration and the Administrator
of the Health Care Financing Administration to promote the
increased integration into the mainstream of the health care
system of the United States of programs for providing
treatment services;
     (5) evaluate plans submitted by the States pursuant to
section 1932(a)(6) [42 USC 300y-22(a)(6)] in order to
determine whether the plans adequately provide for the
availability, allocation, and effectiveness of treatment
services, and monitor the use of revolving loan funds
pursuant to section 1925 [42 USC 300x-25];
     (6) sponsor regional workshops on improving the quality
and availability of treatment services;
  (7) provide technical assistance to public and nonprofit
private entities that provide treatment services, including
technical assistance with respect to the process of
submitting to the Director applications for any program of
grants or contracts carried out by the Director;

     (8) encourage the States to expand the availability
(relative to fiscal year 1992) of programs providing
treatment services through self-run, self-supported recovery
based on the programs of housing operated pursuant to
section 1925 [42 USC 300x-25];

     (9) carry out activities to educate individuals on the
need
for establishing treatment facilities within their
communities;
     (10) encourage public and private entities that provide
health insurance to provide benefits for outpatient
treatment services and other nonhospital-based treatment
services;
     (11) evaluate treatment programs to determine the
quality and appropriateness of various forms of treatment,
including the effect of living in housing provided by
programs established under section 1925 [42 USC 300x-25],
which shall be carried out through grants, contracts, or
cooperative agreements provided to public or nonprofit
private entities; and
  (12) in carrying out paragraph (11), assess the quality,
appropriateness, and costs of various treatment forms for
specific patient groups.

(c) Grants and contracts. In carrying out the duties
established in subsection (b), the Director may make grants
to and enter into contracts and cooperative agreements with
public and nonprofit private entities.

(July 1, 1944, ch 373, Title V, Part B, Subpart 1, 507, as
added July 10, 1992, P. L. 102-321, Title I, Subtitle A,
107(2), 106 Stat. 335.)

Section 290bb-1.  Residential treatment programs for
pregnant and postpartum women

(a) In general. The Director of the Center for Substance
Abuse Treatment shall provide awards of grants, cooperative
agreement, or contracts to public and nonprofit private
entities for the purpose of providing to pregnant and
postpartum women treatment for substance abuse through
programs in which, during the course of receiving treatment:

     (1) the women reside in facilities provided by the
programs;

     (2) the minor children of the women reside with the
women in such facilities, if the women so request; and

     (3) the services described in subsection (d) are
available to or on behalf of the women.

(b) Availability of services for each participant. A funding
agreement for an award under subsection (a) for an applicant
is that, in the program operated pursuant to such
subsection:

     (1) treatment services and each supplemental service
will be available through the applicant, either directly or
through agreements with other public or nonprofit private
entities; and

    (2) the services will be made available to each woman
admitted to the program.

(c) Individualized plan of services. A funding agreement for
an award under subsection (a) for an applicant is that:

     (1) in providing authorized services for an eligible
woman pursuant to such subsection, the applicant will, in
consultation with the women, prepare an individualized plan
for the provision to the woman of the services; and

     (2) treatment services under the plan will include:

          (A) individual, group, and family counseling, as
appropriate, regarding substance abuse; and

        (B) follow-up services to assist the woman in
preventing a relapse into such abuse.

(d) Required supplemental services. In the case of an

eligible woman, the services referred to in subsection

(a)(3) are as follows:

     (1) Prenatal and postpartum health care.

     (2) Referrals for necessary hospital services.

     (3) For the infants and children of the woman:

          (A) pediatric health care, including treatment for any
perinatal effects of maternal substance abuse and including
screenings regarding the physical and mental development of the
infants and children;


          (B) counseling and other mental health services, in
the case of children; and


          (C) comprehensive social services.


     (4) Providing supervision of children during periods in
which the woman is engaged in therapy or in other necessary
health or rehabilitative activities.

     (5) Training in parenting.
    (6) Counseling on the human immunodeficiency virus and on
acquired immune deficiency syndrome.

      (7) Counseling on domestic violence and sexual abuse.

      (8) Counseling on obtaining employment, including the
importance of graduating from a secondary school.

    (9) Reasonable efforts to preserve and support the family
units of the women, including promoting the appropriate
involvement of parents and others, and counseling the children
of the women.

     (10) Planning for and counseling to assist reentry into
society, both before and after discharge, including referrals to
any public or nonprofit private entities in the community
involved that provide services appropriate for the women and the
children of the women.

     (11) Case management services, including:

          (A) assessing the extent to which authorized services
are appropriate for the women and their children;

          (B) in the case of the services that are appropriate,
ensuring that the services are provided in a coordinated manner;
and

         (C) assistance in establishing eligibility for
assistance under Federal, State, and local programs providing
health services, mental health services, housing services,
employment services, educational services, or social services.

(e) Minimum qualifications for receipt of award. (1)
Certification by relevant state agency. With respect to the
principal agency of the State involved that administers programs
relating to substance abuse, the Director may make an award
under subsection (a) to an applicant only if the agency has
certified to the Director that:
          (A) the applicant has the capacity to carry out a
program described in subsection (a);
          (B) the plans of the applicant for such a program are
consistent with the policies of such agency regarding the
treatment of substance abuse; and
          (C) the applicant, or any entity through which the
applicant will provide authorized services, meets all applicable
State licensure or certification requirements regarding the
provision of the services involved.
     (2) Status as medicaid provider. (A) Subject to
subparagraphs (B) and (C), the Director may make an award under
subsection (a) only if, in the case of any authorized service
that is available pursuant to the State plan approved under
title XIX of the Social Security Act [42 USC 1396 et seq.] for
the State involved:
               (i) the applicant for the award will provide the
service directly, and the applicant has entered into a
participation agreement under the State plan and is qualified to
receive payments under such plan; or
               (ii) the applicant will enter into an agreement
with a public or nonprofit private entity under which the entity
will provide the service, and the entity has entered into such a
participation agreement plan and is qualified to receive such
payments.
          (B) (i) In the case of an entity making an agreement
pursuant to subparagraph (A)(ii) regarding the provision of
services, the requirement established in such subparagraph
regarding a participation agreement shall be waived by the
Director if the entity does not, in providing health care
services, impose a charge or accept reimbursement available from
any third-party payor, including reimbursement under any
insurance policy or under any Federal or State health benefits
plan.
               (ii) A determination by the Director of whether
an entity referred to in clause (i) meets the criteria for a
waiver under such clause shall be made without regard to whether
the entity accepts voluntary donations regarding the provision
of services to the public.
          (C) With respect to any authorized service that is
available pursuant to the State plan described in subparagraph
(A), the requirements established in such subparagraph shall not
apply to the provision of any such service by an institution for
mental diseases to an individual who has attained 21 years of
age and who has not attained 65 years of age. For purposes of
the preceding sentence, the term "institution for mental
diseases" has the meaning given such term in section 1905(i) of
the Social Security Act [42 USC 1396d(i)].
(f) Requirement of matching funds.(1) In general. With respect
to the costs of the program to be carried out by an applicant
pursuant to subsection (a), a funding agreement for an award
under such subsection is that the applicant will make available
(directly or through donations from public or private entities)
non-Federal contributions toward such costs in an amount that:

          (A) for the first fiscal year for which the applicant
receives payments under an award under such subsection, is not
less than $1 for each $9 of Federal funds provided in the award;

          (B) for any second such fiscal year, is not less than
$1 for each $9 of Federal funds provided in the award; and
          (C) for any subsequent such fiscal year, is not less
than $1 for each $3 of Federal funds provided in the award.

     (2) Determination of amount contributed. 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 Federal Government, or services assisted
or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of
such non-Federal contributions.

(g) Outreach. A funding agreement for an award under subsection
(a) for an applicant is that the applicant will provide outreach
services in the community involved to identify women who are
engaging in substance abuse and to encourage the women to
undergo treatment for such abuse.

(h) Accessibility of program; cultural context of services. A
funding agreement for an award under subsection (a) for an
applicant is that:

     (1) the program operated pursuant to such subsection will
be operated at a location that is accessible to low-income
pregnant and postpartum women; and

     (2) authorized services will be provided in the language
and the cultural context that is most appropriate.

(i) Continuing education. A funding agreement for an award under
subsection (a) is that the applicant involved will provide for
continuing education in treatment services for the individuals
who will provide treatment in the program to be operated by the
applicant pursuant to such subsection.

(j) Imposition of charges. A funding agreement for an award
under subsection (a) for an applicant is that, if a charge is
imposed for the provision of authorized services to on behalf of
an eligible woman, such charge:

     (1) will be made according to a schedule of charges that is
made available to the public;

     (2) will be adjusted to reflect the income of the woman
involved; and

     (3) will not be imposed on any such woman with an income of
less than 185 percent of the official poverty line, as
established by the Director of the Office for Management and
Budget and revised by the Secretary in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of 1981 [42 USC
9902(2)].

(k) Reports to Director. A funding agreement for an award under
subsection (a) is that the applicant involved will submit to the
Director a report:

      (1) describing the utilization and costs of services
provided under the award;

     (2) specifying the number of women served, the number of
infants served, and the type and costs of services provided; and

      (3) providing such other information as the Director
determines to be appropriate.

(l) Requirement of application. The Director may make an award
under subsection (a) only if an application for the award is
submitted to the Director containing such agreements, and the
application is in such form, is made in such manner, and
contains such other agreements and such assurances and
information as the Director determines to be necessary to carry
out this section.

(m) Equitable allocation of awards. In making awards under
subsection (a), the Director shall ensure that the awards are
equitably allocated among the principal geographic regions of
the United States, subject to the availability of qualified
applicants for the awards.

(n) Duration of award. The period during which payments are made
to an entity from an award under subsection (a) may not exceed 5
years. The provision of such payments shall be subject to annual
approval by the Director of the payments and subject to the
availability of appropriations for the fiscal year involved to
make the payments. This subsection may not be construed to
establish a limitation on the number of awards under such
subsection that may be made to an entity.

(o) Evaluations; dissemination of findings. The Director shall,
directly or through contract, provide for the conduct of
evaluations of programs carried out pursuant to subsection (a).
The Director shall disseminate to the States the findings made
as a result of the evaluations.

(p) Reports to Congress. Not later than October 1, 1994, the
Director shall submit to the Committee on Energy and Commerce of
the House of Representatives, and to the Committee on Labor and
Human Resources of the Senate, a report describing programs
carried out pursuant to this section. Every 2 years thereafter,
the Director shall prepare a report describing such programs
carried out during the preceding 2 years, and shall submit the
report to the Administrator for inclusion in the biennial report
under section 501(k) [42 USC 290aa(k)]. Each report under this
subsection shall include a summary of any evaluations conducted
under subsection (m) during the period with respect to which the
report is prepared.

(q) Definitions. For purposes of this section:

     (1) The term "authorized services" means treatment services
and supplemental services.

    (2) The term "eligible woman" means a woman who has been
admitted to a program operated pursuant to subsection (a).

     (3) The term "funding agreement under subsection (a)", with
respect to an award under subsection (a), means that the
Director may make the award only if the applicant makes the
agreement involved.

     (4) The term "treatment services" means treatment for
substance abuse, including the counseling and services described
in subsection (c)(2).

     (5) The term "supplemental services" means the services
described in subsection (d).

(r) Authorization of appropriations.(1) In general. For the
purpose of carrying out this section and section 509 [42 USC
290bb-2], there are authorized to be appropriated $100,000,000
for fiscal year 1993, and such sums as may be necessary for
fiscal year 1994.

     (2) Transfer. For the purpose described in paragraph (1),
in addition to the amounts authorized in such paragraph to be
appropriated for a fiscal year, there is authorized to be
appropriated for the fiscal year from the special forfeiture
fund of the Director of the Office of National Drug Control
Policy such sums as may be necessary.

    (3) Rule of construction. The amounts authorized in this
subsection to be appropriated are in addition to any other
amounts that are authorized to be appropriated and are available
for the purpose described in paragraph (1).

(July 1, 1944, ch 373, Title V, Part B, Subpart 1, 508, as added
July 10, 1992, P. L. 102-321, Title I, Subtitle A, 108(a), 106
Stat. 336.)


Section 290bb-1a.  [Transferred]

Section 290bb-2.  Outpatient treatment programs for pregnant and
postpartum women

(a) Grants. The Secretary, acting through the Director of the
Treatment Center, shall make grants to establish projects for
the outpatient treatment of substance abuse among pregnant and
postpartum women, and in the case of conditions arising in the
infants of such women as a result of such abuse by the women,
the outpatient treatment of the infants for such conditions.

(b) Prevention. Entities receiving grants under this section
shall engage in activities to prevent substance abuse among
pregnant and postpartum women.
(c) Evaluation. The Secretary shall evaluate projects carried
out under subsection (a) and shall disseminate to appropriate
public and private entities information on effective projects.

(July 1, 1944, ch 373, Title V, Part B, Subpart 1, 509, as added
July 10, 1992, P. L. 102-321, Title I, Subtitle A, 108(a), 106
Stat. 341.)

Section 290bb-3.  Demonstration projects of national
significance

(a) Grants for treatment improvement. The Director of the Center
for Substance Abuse Treatment shall provide grants to public and
nonprofit private entities for the purpose of establishing
demonstration projects that will improve the provision of
treatment services for substance abuse.

(b) Nature of projects. Grants under subsection (a) shall be
awarded to:

     (1) projects that provide treatment to adolescents, female
addicts and their children, racial and ethnic minorities, or
individuals in rural areas, with preference given to such
projects that provide treatment for substance abuse to women
with dependent children, which treatment is provided in settings
in which both primary health services for the women and
pediatric care are available;

     (2) projects that provide treatment in exchange for public
service;
     (3) projects that provide treatment services and which are
operated by public and nonprofit private entities receiving
grants under section 329, 330, 340, 340A [42 USC 254b, 254c,
256, 256a], or other public or nonprofit private entities that
provide primary health services;
     (4) "treatment campus" projects that:
          (A) serve a significant number of individuals
simultaneously;

          (B) provide residential, non-community based drug
treatment;
          (C) provide patients with ancillary social services
and referrals to community-based aftercare; and
           (D) provide services on a voluntary basis;
     (5) projects in large metropolitan areas to identify
individuals in need of treatment services and to improve the
availability and delivery of such services in the areas;
/* Note that treatment of drug abusers who are at risk of HIV
infection is included in the priority list. */
     (6) in the case of drug abusers who are at risk of HIV
infection, projects to conduct outreach activities to the
individuals regarding the prevention of exposure to and the
transmission of the human immunodefiency virus, and to encourage
the individuals to seek treatment for such abuse; and


     (7) projects to determine the long-term efficacy of the
projects described in this section and to disseminate to
appropriate public and private entities information on the
projects that have been effective.

(c) Preferences in making grants. In awarding grants under
subsection (a), the Director of the Treatment Center shall give
preference to projects that:

    (1) demonstrate a comprehensive approach to the problems
associated with substance abuse and provide evidence of broad
community involvement and support; or

     (2) initiate and expand programs for the provision of
treatment services (including renovation of facilities, but not
construction) in localities in which, and among populations for
which, there is a public health crisis as a result of the
inadequate availability of such services and a substantial rate
of substance abuse.

(d) Duration of grants. The period during which payments are
made under a grant under subsection (a) may not exceed 5 years.

(e) Authorization of appropriations.(1) In general. For the
purpose of carrying out this section, there are authorized to be
appropriated $175,000,000 for fiscal year 1993, and such sums as
may be necessary for fiscal year 1994. The amounts so authorized
are in addition to any other amounts that are authorized to be
appropriated and available for such purpose.

     (2) Allocation. Of the amounts appropriated under paragraph
(1) for a fiscal year, the Director of the Treatment Center
shall reserve not less than 5 percent for carrying out projects
described in subsections (b)(2) and (b)(3).

(July 1, 1944, ch 373, Title V, Part B, Subpart 1, 510, as added
July 10, 1992, P. L. 102-321, Title I, Subtitle A, 109, 106
Stat. 342.)

Section 290bb-4.  Grants for substance abuse treatment in State
and local criminal justice systems

(a) In general. The Director of the Center for Substance Abuse
Treatment shall provide grants to public and nonprofit private
entities that provide treatment for substance abuse to
individuals under criminal justice supervision.
(b) Eligibility. In awarding grants under subsection (a), the
Director shall ensure that the grants are reasonably distributed
among:

     (1) projects that provide treatment services to individuals
who are incarcerated in prisons, jails, or community
correctional settings; and

     (2) projects that provide treatment services to individuals
who are not incarcerated, but who are under criminal justice
supervision because of their status as pretrial releasees, post
trial releasees, probationers, parolees, or supervised
releasees.

(c) Priority. In awarding grants under subsection (a), the
Director shall give priority to programs commensurate with the
extent to which such programs provide, directly or in
conjunction with other public or private nonprofit entities, one
or more of the following:

     (1) a continuum of offender management services as
individuals enter, proceed through, and leave the criminal
justice system, including identification and assessment,
substance abuse treatment, pre-release counseling and pre-
release referrals with respect to housing, employment and
treatment;

     (2) comprehensive treatment services for juvenile
offenders;

     (3) comprehensive treatment services for female offenders,
including related services such as violence counseling,
parenting and child development classes, and perinatal care;

     (4) outreach services to identify individuals under
criminal justice supervision who would benefit from substance
abuse treatment and to encourage such individuals to seek
treatment; or

    (5) treatment services that function as an alternative to
incarceration for appropriate categories of offenders or that
otherwise enable individuals to remain under criminal justice
supervision in the least restrictive setting consistent with
public safety.

(d) Authorization of appropriations. For the purpose of carrying
out this section, there are authorized to be appropriated
$50,000,000 for fiscal year 1993, and such sums as may be
necessary for fiscal year 1994.

(July 1, 1944, ch 373, Title V, Part B, Subpart 1, 511, as added
July 10, 1992, P. L. 102-321, Title I, Subtitle A, 110, 106
Stat. 343.)
Section 290bb-5.  Training in provision of treatment services

(a) In general. The Director of the Center for Substance Abuse
Treatment shall develop programs to increase the number of
substance abuse treatment professionals and the number of health
professionals providing treatment services through the awarding
of grants to appropriate public and nonprofit private entities,
including agencies of State and local governments, hospitals,
schools of medicine, schools of osteopathic medicine, schools of
nursing, schools of social work, and graduate programs in
marriage and family therapy.

(b) Priority. In awarding grants under subsection (a), the
Director shall give priority to projects that train full-time
substance abuse treatment professionals and projects that will
receive financial support from public entities for carrying out
the projects.

(c) Health professions education. In awarding grants under
subsection (a), the Director may make grants:

     (1) to train individuals in the diagnosis and treatment of
alcohol abuse and other drug abuse; and

     (2) to develop appropriate curricula and materials for the
training described in paragraph (1).

(d) Authorization of appropriations. For the purpose of carrying
out this section, there are authorized to be appropriated
$30,000,000 for fiscal year 1993, and such sums as may be
necessary for fiscal year 1994.

(July 1, 1944, ch 373, Title V, Part B, Subpart 1, 512, as added
July 10, 1992, P. L. 102-321, Title I, Subtitle A, 111, 106
Stat. 344.)

Section  290bb-6.  Action by Center for Substance Abuse
Treatment and States concerning military facilities

(a) Center for Substance Abuse Treatment. The Director of the
Center for Substance Abuse Treatment shall:

     (1) coordinate with the agencies represented on the
Commission on Alternative Utilization of Military Facilities the
utilization of military facilities or parts thereof, as
identified by such Commission, established under the National
Defense Authorization Act of 1989, that could be utilized or
renovated to house nonviolent persons for drug treatment
purposes;

     (2) notify State agencies responsible for the oversight of
drug abuse treatment entities and programs of the availability
of space at the installations identified in paragraph (1); and

     (3) assist State agencies responsible for the oversight of
drug abuse treatment entities and programs in developing methods
for adapting the installations described in paragraph (1) into
residential treatment centers.

(b) States. With regard to military facilities 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
Amendments Act of 1988, that could be utilized or renovated to
house nonviolent persons for drug treatment purposes, State
agencies responsible 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 providers 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 receiving treatment at such facilities.
(c) Reservation of space. Prior to notifying States of the
availability of space at military facilities under subsection
(a)(2), the Director may reserve space at such facilities to
conduct research or demonstration projects.
(July 1, 1944, ch 373, Title V, Part B[E], 513[561], as added
Nov. 18, 1988, P. L. 100-690, Title II, Subtitle A, Ch 4,
2081(a), 102 Stat. 4215; July 10, 1992, P. L. 102-321, Title I,
Subtitle A, 112(a), (b)(1), 106 Stat. 345, 346.)
                    Center for Substance Abuse Prevention
Section 290bb-21.  Office for Substance Abuse Prevention

(a) There is established in the Administration an Office for
Substance Abuse Prevention (hereafter referred to in this part
[42 USC 290bb et seq.] as the "Prevention Center"). The Office
shall be headed by a Director appointed by the Secretary from
individuals with extensive experience or academic qualifications
in the prevention of drug or alcohol abuse.

(b) The Director of the  Prevention Center shall:

     (1) sponsor regional workshops on the prevention of drug
and alcohol abuse;

     (2) coordinate the findings of research sponsored by
agencies of the Service on the prevention of drug and alcohol
abuse;

     (3) develop effective drug and alcohol abuse prevention
literature (including literature on the adverse effects of
cocaine free base (known as "crack"));

     (4) in cooperation with the Secretary of Education, assure
the widespread dissemination of prevention materials among
States, political subdivisions, and school systems;

     (5) support clinical training programs for substance abuse
counselors and other health professionals involved in drug abuse
education, prevention[,];

/* Another place where HIV prevention among drug absuers is
important. */

     (6) in cooperation with the Director of the  Centers for
Disease Control and Prevention, develop educational materials to
reduce the risks of acquired immune deficiency syndrome among
intravenous drug abusers;

     (7) conduct training, technical assistance, data
collection, and evaluation activities of programs supported
under the Drug Free Schools and Communities Act of 1986;

     (8) support the development of model, innovative, community
based programs to discourage alcohol and drug abuse among young
people;

    (9) prepare for distribution documentary films and public
service announcements for television and radio to educate the
public concerning the dangers to health resulting from the
consumption of alcohol and drugs and, to the extent feasible,
use appropriate private organizations and business concerns in
the preparation of such announcements; and

     (10) develop and support innovative demonstration programs
designed to identify and deter the improper use or abuse of
anabolic steroids by students, especially students in secondary
schools.

     (11) [Deleted]

     (12) [Redesignated]

(c) The Director may make grants and enter into contracts and
cooperative agreements in carrying out subsection (b).

(d) The Director of the Prevention Center shall establish a
national data base providing information on programs for the
prevention of substance abuse. The data base shall contain
information appropriate for use by public entities and
information appropriate for use by nonprofit private entities.
(July 1, 1944, ch 373, Title V, Part B[A], Subpart 2, 515[508],
as added Oct. 27, 1986, P. L. 99-570, Title IV, Subtitle A,
4005(a), 100 Stat. 3207-112; Nov. 18, 1988, P. L. 100-690, Title
II, Subtitle A, Ch 2, 2051(a)D(c), 102 Stat. 4206; Sept. 16,
1989, P. L. 101-93, 3(a), 103 Stat. 609; Nov. 29, 1990, P. L.
101647, Title XIX, 1906, 104 Stat. 4854; July 10, 1992, P. L.
102321, Title I, Subtitle A, 113(b)D(e),  106 Stat. 345; Oct.
27, 1992, P. L. 102-531, Title III, 312(d)(10), 106 Stat. 3505.)

Section  290bb-22.  Alcohol and drug abuse information
clearinghouse

(a) In general. The Secretary, acting through the Director of
the Prevention Center, shall:

     (1) provide assistance to communities to develop
comprehensive long-term strategies for the prevention of
substance abuse; and

   (2) evaluate the success of different community approaches
toward the prevention of such abuse.

(b) Strategies for reducing use. The Director of the Prevention
Center shall ensure that strategies developed under subsection
(a)(1) include strategies for reducing the use of alcoholic
beverages and tobacco products by individuals to whom it is
unlawful to sell or distribute such beverages or products.

(c) Authorization of appropriations. For the purpose of carrying
out subsection (a), there are authorized to be appropriated
$120,000,000 for fiscal year 1993, such sums as may be necessary
for fiscal year 1994.

(July 1, 1944, ch 373, Title V, Part B[A], Subpart 2, 516[509],
as added Oct. 27, 1986, P. L. 99-570, Title IV, Subtitle A,
4005(a), 100 Stat. 3207-112; July 10, 1992, P. L. 102-321,
Title I, Subtitle A, 113(f), 106 Stat. 345.)

Section 290bb-23.  Prevention, treatment, and rehabilitation
model projects for high risk youth

(a) The Secretary, through the Director of the  Prevention
Center, shall make grants to public and nonprofit private
entities for projects to demonstrate effective models for the
prevention, treatment, and rehabilitation of drug abuse and
alcohol abuse among high risk youth.

(b) (1) In making grants for drug abuse and alcohol abuse
prevention projects under this section, the Secretary shall
give priority to applications for projects directed at children
of substance abusers, latchkey children, children at risk of
abuse or neglect, preschool children eligible for services
under the Head Start Act, children at risk of dropping out of
school, children at risk of becoming adolescent parents, and
children who do not attend school and who are at risk of being
unemployed.
     (2) In making grants for drug abuse and alcohol abuse
treatment and rehabilitation projects under this section, the
Secretary shall give priority to projects which address the
relationship between drug abuse or alcohol abuse and physical
child abuse, sexual child abuse, emotional child abuse,
dropping out of school, unemployment, delinquency, pregnancy,
violence, suicide, or mental health problems.

     (3) In making grants under this section, the Secretary
shall give priority to applications from community based
organizations for projects to develop innovative models with
multiple, coordinated services for the prevention or for the
treatment and rehabilitation of drug abuse or alcohol abuse by
high risk youth.

     (4) In making grants under this section, the Secretary
shall give priority to applications for projects to demonstrate
effective models with multiple, coordinated services which may
be replicated and which are for the prevention or for the
treatment and rehabilitation of drug abuse or alcohol abuse by
high risk youth.

     (5) In making grants under this section, the Secretary
shall give priority to applications that employ research
designs adequate for evaluating the effectiveness of the
program.

(c) The Secretary shall ensure that projects under subsection
(a) include strategies for reducing the use of alcoholic
beverages and tobacco products by individuals to whom it is
unlawful to sell or distribute such beverages or products.

(d) To the extent feasible, the Secretary shall make grants
under this section in all regions of the United States, and
shall ensure the distribution of grants under this section
among urban and rural areas.

(e) In order to receive a grant for a project under this
section for a fiscal year, a public or nonprofit private entity
shall submit an application to the Secretary, acting through
the Prevention Center. The Secretary may provide to the
Governor of the State the opportunity to review and comment on
such application. Such application shall be in such form, shall
contain such information, and shall be submitted at such time
as the Secretary may by regulation prescribe.

(f) The Director of the  Prevention Center shall evaluate
projects conducted with grants under this section.

(g) For purposes of this section, the term "high risk youth"
means an individual who has not attained the age of 21 years,
who is at high risk of becoming, or who has become, a drug
abuser or an alcohol abuser, and who:

      (1) is identified as a child of a substance abuser;
     (2) is a victim of physical, sexual, or psychological

     abuse; (3) has dropped out of school;

     (4) has become pregnant;

     (5) is economically disadvantaged;

     (6) has committed a violent or delinquent act;

     (7) has experienced mental health problems;

     (8) has attempted suicide;

     (9) has experienced long-term physical pain due to injury;
or


     (10) has experienced chronic failure in school.


(h) For the purpose of carrying out this section, there are
authorized to be appropriated $70,000,000 for fiscal year 1993,
and such sums as may be necessary for fiscal year 1994.


(July 1, 1944, ch 373, Title V, Part B[A], Subpart 2,
517[509A], as added Oct. 27, 1986, P. L. 99-570, Title IV,
Subtitle A, 4005(a), 100 Stat. 3207-113; Nov. 18, 1988, P. L.
100-690, Title II, Subtitle A, Ch 2, 2051(d), 102 Stat. 4206;
July 10, 1992, P. L. 102-321, Title I, Subtitle A, 114, 106
Stat. 346.)


Section 290bb-24.  Employee assistance programs


(a) In general. The Director of the Prevention Center may make
grants to public and nonprofit private entities for the purpose
of assisting business organizations in establishing employee
assistance programs to provide appropriate services for
employees of the organizations regarding substance abuse,
including education and prevention services and referrals for
treatment.


(b) Certain requirements. A business organization may not be
assisted under subsection (a) if the organization has an
employee assistance program in operation. The organization may
receive such assistance only if the organization lacks the
financial resources for operating such a program.


(c) Special consideration for certain small businesses. In
making grants under subsection (a), the Director of the
Prevention Office shall give special consideration to business
organizations with 50 or fewer employers.


(d) Consultation and technical assistance. In the case of small
businesses being assisted under subsection (a), the Secretary
shall consult with the entities and organizations involved and
provide technical assistance and training with respect to
establishing and operating employee assistance programs in
accordance with this subtitle. Such assistance shall include
technical assistance in establishing workplace substance abuse
programs.


(e) Authorization of appropriations. For the purpose of
carrying out this section, there are authorized to be
appropriated $3,000,000 for fiscal year 1993, and such sums as
may be necessary for fiscal year 1994.
(July 1, 1944, ch 373, Title V, Part B, Subpart 2, 518, as
added July 10, 1992, P. L. 102-321, Title I, Subtitle F, 171,
106 Stat. 377.)
                      Center for Mental Health Services
Section 290bb-31.  Center for Mental Health Services

(a) Establishment. There is established in the Administration a
Center for Mental Health Services (hereafter in this section
referred to as the "Center"). The Center shall be headed by a
Director (hereafter in this section referred to as the
"Director") appointed by the Secretary from among individuals
with extensive experience or academic qualifications in the
provision of mental health services or in the evaluation of
mental health service systems.

(b) Duties. The Director of the Center shall:

     (1) design national goals and establish national
priorities for:

           (A) the prevention of mental illness; and

          (B) the promotion of mental health;

     (2) encourage and assist local entities and State agencies
to achieve the goals and priorities described in paragraph (1);

     (3) develop and coordinate Federal prevention policies and
programs and to assure increased focus on the prevention of
mental illness and the promotion of mental health;

   (4) develop improved methods of treating individuals with
mental health problems and improved methods of assisting the
families of such individuals;

     (5) administer the mental health services block grant
program authorized in section 1911 [42 USC 300x];

     (6) promote policies and programs at Federal, State, and
local levels and in the private sector that foster independence
and protect the legal rights of persons with mental illness,
including carrying out the provisions of the Protection and
Advocacy of Mentally Ill Individuals Act [42 USC 10801 et
seq.];

   (7) carry out the programs authorized under sections 520A
and 521 [42 USC 290bb-32, 290cc-21], including the Community
Support Program and the Child and Adolescent Service System
Programs;

     (8) carry out responsibilities for the Human Resource
Development program, and programs of clinical training for
professional and paraprofessional personnel pursuant to section
303 [42 USC 242a];

     (9) conduct services-related assessments, including
evaluations of the organization and financing of care, self-
help and consumer-run programs, mental health economics, mental
health service systems, rural mental health, and improve the
capacity of
State to conduct evaluations of publicly funded mental health
programs;

     (10) establish a clearinghouse for mental health
information to assure the widespread dissemination of such
information to States, political subdivisions, educational
agencies and institutions, treatment and prevention service
providers, and the general public, including information
concerning the practical application of research supported by
the National Institute of Mental Health that is applicable to
improving the delivery of services;

    (11) provide technical assistance to public and private
entities that are providers of mental health services;

     (12) monitor and enforce obligations incurred by community
mental health centers pursuant to the Community Mental Health
Centers Act [former 42 USC 2689D2689e] (as in effect prior to
the repeal of such Act on August 13, 1981, by section
902(e)(2)(B) of Public Law 97-35 (95 Stat. 560));

     (13) conduct surveys with respect to mental health, such
as the National Reporting Program; and

   (14) assist States in improving their mental health data
collection.

(c) Grants and contracts. In carrying out the duties
established in subsection (b), the Director may make grants to
and enter into contracts and cooperative agreements with public
and nonprofit private entities.

(July 1, 1944, ch 373, Title V, Part B, Subpart 3, 520, as
added July 10, 1992, P. L. 102-321, Title I, Subtitle A,
115(a), 106 Stat. 346.)

Section 290bb-32.  Establishment of grant program for
demonstration projects
(a) Seriously mentally ill individuals, and children and
adolescents with serious emotional and mental disturbances.(1)
In general. The Secretary, acting through the Director of the
Center for Mental Health Services, may make grants to States,
political subdivisions of States, and nonprofit private
agencies for:

          (A) mental health services demonstration projects for
the planning, coordination and improvement of community
services (including outreach and consumer-run self-help
services) for seriously mentally ill individuals and their
families, seriously emotionally and mentally disturbed children
and youth and their families, and seriously mentally ill
homeless and elderly individuals;

          (B) demonstration projects for the prevention of
youth suicide;

          (C) demonstration projects for the improvement of the
recognition, assessment, treatment and clinical management of
depressive disorders;

          (D) demonstration projects for programs to prevent
the occurrence of sex offenses, and for the provision of
treatment and psychological assistance to the victims of sex
offenses; and

          (E) demonstration projects for programs to provide
mental health services to victims of family violence.

     (2) Mental health services. Mental health services
provided under paragraph (1)(A) should encompass a range of
delivery systems designed to permit individuals to receive
treatment in the most therapeutically appropriate, least
restrictive setting. Grants shall be awarded under such
paragraph for:

          (A) research demonstration programs concerning such
services; and

          (B) systems improvements to assist States and local
entities to develop appropriate comprehensive mental health
systems for adults with serious long-term mental illness and
children and adolescents with serious emotional and mental
disburbance.

(b) Individuals at risk of mental illness.(1) The Secretary,
acting through the Director, may make grants to States,
political subdivisions of States, and private nonprofit
agencies for prevention services demonstration projects for the
provision of prevention services for individuals who, in the
determination of the Secretary, are at risk of developing
mental illness.

     (2) Demonstration projects under paragraph (1) may
include:

          (A) prevention services for populations at risk of
developing mental illness, particularly 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 of grant. The Secretary may make a
grant under subsection (a) or (b) for not more than  five
consecutive one-year periods.

(d) Limitation on administrative expenses. The Secretary may
not make a grant under subsection (a) or (b) to an applicant
unless the applicant agrees that not more than 10 percent of
such a grant will be expended for administrative expenses.

(e) Authorizations of appropriations.(1) For the purposes of
carrying out this section, there are authorized to be
appropriated $50,000,000 for fiscal year 1993, and such sums as
may be necessary for fiscal year 1994.

     (2) Of the amounts appropriated pursuant to paragraph (1),
the Secretary shall make available 15 percent for demonstration
projects to carry out the purpose of this section in rural
areas.

(July 1, 1944, ch 373, Title V[VI], Part B, Subpart 3,
520A[520][520A], as added Nov. 18, 1988, P. L. 100-690, Title
II, Subtitle A, Ch 2, 2057(3), 102 Stat. 4212; Sept. 16, 1989,
P. L. 101-93, 3(e), (g), 103 Stat. 610, 611; Nov. 28, 1990, P.
L. 101639, 2, 104 Stat. 4600; July 10, 1992, P. L. 102-321,
Title I, Subtitle A, 116, 106 Stat. 348.)

Section  290bb-33.  Demonstration projects for individuals with
positive test results

(a) In general. The Secretary, acting through the Director of
the Center for Mental Health Services, may make grants to
public and nonprofit private entities for demonstration
projects for the development, establishment, or expansion of
programs to provide counseling and mental health treatment:

   (1) for individuals who experience serious psychological
reactions as a result of being informed that the results of
testing for the etiologic agent for acquired immune deficiency
syndrome indicate that the individuals are infected with such
etiologic agent; and
   (2) for the families of such individuals, and for others,
who experience serious psychological reactions as a result of
being informed of the results of such testing of such
individuals.

(b) Preferences in making grants. In making grants under
subsection (a), the Secretary shall give preference to
applicants that are based at, or have relationships with,
entities providing comprehensive health services to individuals
who are infected with the etiologic agent for acquired immune
deficiency syndrome. (c) Requirement of provision of
information on prevention. The Secretary may not make a grant
under subsection (a) unless the applicant for the grant agrees
that counseling provided pursuant to such subsection will
include counseling relating to measures for the prevention of
exposure to, and the transmission of, the etiologic agent for
acquired immune deficiency syndrome.

(d) Authority for training. A grantee under subsection (a) may
expend the grant to train individuals to provide the services
described in such subsection.

(e) Requirement of identification of needs and objectives. The
Secretary may not make a grant under subsection (a) unless the
applicant for the grant submits to the Secretary:

     (1) information demonstrating that the applicant has, with
respect to mental health treatment related to the etiologic
agent for acquired immune deficiency syndrome, identified the
need for such treatment in the area in which the program will
be developed, established, or expanded; and

     (2) a description of:

          (A) the objectives established by the applicant for
the conduct of the program; and

          (B) the method the applicant will use to evaluate the
activities conducted under the program and to determine the
extent to which such objectives have been met.

(f) Requirement of application. The Secretary may not make a
grant under subsection (a) unless:

     (1) an application for the grant is submitted to the
Secretary;

     (2) with respect to carrying out the purpose for which the
grant is to be made, the application provides assurances of
compliance satisfactory to the Secretary;

     (3) the application contains the information required to
be submitted under subsection (e); and

   (4) the application otherwise is in such form, is made in
such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to
carry out this section.

(g) Requirement of minimum number of grants for fiscal year
1989. Subject to the extent of amounts made available in
appropriations Acts, the Secretary shall, for fiscal year 1989,
make not less than 6 grants under subsection (a).

(h) Technical assistance and administrative support. The
Secretary, acting through the Director of the National
Institute of Mental Health, may provide technical assistance
and administrative support to grantees under subsection (a).

(i) "Mental health treatment" defined. For purposes of this
section, the term "mental health treatment" means individual,
family or group services designed to alleviate distress,
improve functional ability, or assist in changing dysfunctional
behavior patterns.

(j) Authorization of appropriations. For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1989 through 1994.