[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3639 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3639

 To establish the Drug Abuse Prevention and Treatment Administration, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 1998

    Mr. Barton of Texas (for himself, Mrs. Myrick, and Mr. Calvert) 
 introduced the following bill; which was referred to the Committee on 
   Commerce, and in addition to the Committees on Education and the 
   Workforce, and Banking and Financial Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To establish the Drug Abuse Prevention and Treatment Administration, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Abuse Prevention and Treatment 
Consolidation and Reorganization Act of 1998''.

      TITLE I--DRUG ABUSE PREVENTION AND TREATMENT ADMINISTRATION

SEC. 101. ESTABLISHMENT OF ADMINISTRATION.

    (a) In General.--There is established within the Department of 
Health and Human Services an independent agency to be known as the Drug 
Abuse Prevention and Treatment Administration.
    (b) Appointment of Administrator.--The Administration shall be 
headed by an official to be known as the Administrator, who shall be 
appointed by the President by and with the advice and consent of the 
Senate. The Administrator shall be appointed from among individuals 
with extensive experience, expertise, and academic qualifications in 
the prevention and treatment of substance abuse. The Secretary of 
Health and Human Services shall carry out the programs and functions of 
the Administration acting through the Administrator.
    (c) Deputy; Other Officers and Employees.--
            (1) Deputy administrator.--The Administrator may, with the 
        approval of the Secretary, appoint a deputy administrator for 
        the Administration.
            (2) Associate administrators.--
                    (A) The Secretary shall appoint an official to be 
                known as the Associate Administrator for Substance 
                Abuse Prevention, who shall be appointed from among 
                individuals with extensive experience, expertise, and 
                academic qualifications in the prevention of substance 
                abuse.
                    (B) The Secretary shall appoint an official to be 
                known as the Associate Administrator for Substance 
                Abuse Treatment, who shall be appointed from among 
                individuals with extensive experience, expertise, and 
                academic qualifications in the treatment of substance 
                abuse.
            (3) Other officers and employees.--The Administrator may 
        appoint and fix the compensation of such officers and employees 
        as may be necessary to carry out the programs and functions of 
        the Administration.
    (d) Definitions.--For purposes of this Act:
            (1) The term ``Administration'' means the Drug Abuse 
        Prevention and Treatment Administration.
            (2) The term ``Administrator'' means the head of the 
        Administration.

           TITLE II--PROGRAMS AND FUNCTIONS OF ADMINISTRATION

 Subtitle A--Transfers From Substance Abuse and Mental Health Services 
             Administration; Transfers From Other Agencies

SEC. 201. TRANSFERS REGARDING PREVENTION AND TREATMENT OF SUBSTANCE 
              ABUSE.

    There are transferred to the Administration the following programs 
and functions:
            (1) All programs that, on the day before the date of the 
        enactment of this Act, were administered by the Center for 
        Substance Abuse Prevention (established in section 515 of the 
        Public Health Service Act); and all functions that, on such 
        day, were vested in the Director of such Center.
            (2) All programs contained in sections 507 through 513 of 
        the Public Health Service Act that, on the day before the date 
        of the enactment of this Act, were administered by the Center 
        for Substance Abuse Treatment (established in section 507 of 
        the Public Health Service Act); and all functions that, on such 
        day, were vested in the Director of such Center.
            (3) All responsibilities for the collection of data under 
        section 505 of the Public Health Service Act, other than 
        responsibilities relating to mental health.
            (4) The program under subpart II of part B of title XIX of 
        the Public Health Service Act (relating to block grants for the 
        prevention and treatment of substance abuse).
            (5) Any other programs or functions under the Public Health 
        Service Act that relate to the prevention or treatment of 
        substance abuse and that, on the day before the date of the 
        enactment of this Act, were administered by the Substance Abuse 
        and Mental Health Services Administration.
            (6) All programs under the Safe and Drug-Free Schools and 
        Communities Act of 1994 (administered by the Department of 
        Education).
            (7) With respect to subtitle B of title III of the Anti-
        Drug Abuse Act of 1988--
                    (A) the program under chapter 1 of such subtitle 
                (relating to drug abuse and youth gangs; and 
                administered by the Administration for Children and 
                Families, Department of Health and Human Services); and
                    (B) the program under chapter 2 of such subtitle 
                (relating to runaway and homeless youth; and 
                administered by the Administration for Children and 
                Families, Department of Health and Human Services).
            (8) Programs under the Public and Assisted Housing Drug 
        Elimination Act of 1990 (administered by the Office of Public 
        and Indian Housing, Department of Housing and Urban 
        Development).
            (9) Programs under the Drug-Free Public Housing Act of 1988 
        (administered by the Office of Public and Indian Housing, 
        Department of Housing and Urban Development).

Subtitle B--Additional Provisions Regarding Prevention and Treatment of 
                            Substance Abuse

SEC. 211. NATIONAL SUBSTANCE ABUSE PREVENTION PROGRAM.

    (a) In General.--In addition to the programs and functions carried 
out pursuant to section 201, the Administrator shall establish a 
program to coordinate the activities of public and nonprofit private 
entities in order to provide for an effective nationwide network for 
the prevention of substance abuse.
    (b) Grants Regarding Community Plans.--
            (1) In general.--In carrying out subsection (a), the 
        Administrator may make grants to public and nonprofit private 
        entities for the purpose of assisting communities in developing 
        and implementing plans to coordinate the provision in the 
        communities of services for the prevention of substance abuse.
            (2) Collaboration with community members.--A grant under 
        paragraph (1) may be made only if the applicant for the grant 
        agrees that, in developing and implementing the plan involved, 
        the applicant will collaborate with the elementary and 
        secondary schools of the community, with parents in the 
        community, with law-enforcement agencies, and with other 
        interested community organizations and members of the 
        community.
            (3) Evaluations.--The Administrator shall provide for 
        evaluations of activities carried out with grants under 
        paragraph (1), which shall include the measurement of impact 
        according to scientifically reliable common data indicators and 
        evaluation protocols.

SEC. 212. COORDINATION WITH OFFICE OF NATIONAL DRUG CONTROL POLICY.

    (a) In General.--The Administrator shall collaborate with the 
Director of the Office of National Drug Control Policy in order to 
coordinate the activities of the Administration with the activities of 
such Office (including activities carried out by such Director acting 
through the Deputy Director, Office of Demand Reduction).
    (b) Rule of Construction.--This Act may not be construed as 
affecting any of the authorities of the Office of National Drug Control 
Policy.

                          Subtitle C--Funding

SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

     For the purpose of carrying out the programs and functions of the 
Administration, there are authorized to be appropriated such sums as 
may be necessary for each of the fiscal years 1998 through 2004.

                TITLE III--ADVISORY COUNCIL; PEER REVIEW

SEC. 301. ADVISORY COUNCIL.

    (a) In General.--
            (1) Establishment; general duties.--The Secretary shall 
        establish an advisory council to advise, consult with, and make 
        recommendations to the Secretary and the Administrator 
        regarding programs for the prevention and treatment of 
        substance abuse (referred to in this section as the 
        ``Council'').
            (2) Certain activities.--In carrying out paragraph (1)--
                    (A) the Council shall, pursuant to section 
                302(d)(2), review applications submitted for grants and 
                cooperative agreements and recommend for approval 
                applications for projects that show promise of making 
                valuable contributions to the mission of the 
                Administration;
                    (B) the Council may collect, by correspondence or 
                by personal investigation, information as to studies 
                and services that are being carried on in the United 
                States or any other country with respect to substance 
                abuse; and with the approval of the Administrator, make 
                such information available through appropriate 
                publications for the benefit of public and private 
                health entities and health professions personnel and 
                for the information of the general public; and
                    (C) the Council may appoint subcommittees and 
                convene workshops and conferences.
    (b) Membership.--
            (1) In general.--The Council shall consist of nonvoting ex 
        officio members and not more than 12 voting members appointed 
        in accordance with paragraph (3).
            (2) Ex officio members.--The ex officio members of the 
        Council are as follows:
                    (A) The Secretary.
                    (B) The Administrator.
                    (C) The Under Secretary for Health of the 
                Department of Veterans Affairs.
                    (D) The Assistant Secretary for Defense, Health 
                Affairs.
                    (E) The Director of the Office of National Drug 
                Control Policy.
                    (F) Such other officers or employees of the Federal 
                Government as the Secretary determines to be 
                appropriate.
            (3) Appointed members.--Individuals shall be appointed to 
        the Council under paragraph (1) as follows:
                    (A) Twelve of the members shall be appointed by the 
                Secretary from among the leading representatives of the 
                health disciplines (including public health and 
                behavioral and social sciences) relevant to the 
                prevention and treatment of substance abuse. In 
                appointing such members, the Secretary shall ensure 
                that each of such disciplines is represented by not 
                fewer than 4 members.
                    (B) Three of the members shall be appointed by the 
                Secretary from the general public and shall include 
                leaders in fields of public policy, public relations, 
                law, health policy economics, or management.
            (4) Compensation.--Members of the Council who are officers 
        or employees of the United States shall not receive any 
        compensation for service on the Council. The remaining members 
        of the Council shall receive, for each day (including travel 
        time) they are engaged in the performance of the functions of 
        the Council, compensation at rates not to exceed the daily 
        equivalent of the maximum rate of basic pay payable under the 
        General Schedule (under title 5, United States Code) for 
        positions above GS-15.
    (c) Terms of Office.--
            (1) In general.--The term of a member of the Council 
        appointed under subsection (b) is 4 years, except that any 
        member appointed to fill a vacancy for an unexpired term shall 
        serve for the remainder of such term, and except that the 
        initial appointments shall be made for such terms as will 
        ensure that the memberships of individuals on the Council do 
        not all expire in the same year. A member of the Council may 
        serve after the expiration of such member's term until a 
        successor has been appointed and taken office.
            (2) Reappointments.--A member who has been appointed to the 
        Council for a term of 4 years may not be reappointed to the 
        Council during the 2-year period beginning on the date on which 
        the 4-year term expired.
            (3) Time for appointment.--If a vacancy occurs in the 
        membership of the Council appointed under subsection (b), the 
        Secretary shall make an appointment to fill such vacancy during 
        the 90-day period beginning on the date on which the vacancy 
        occurs.
    (d) Chair.--The Secretary shall designate a member of the Council 
to serve as the Chair of the Council. The individual so designated 
shall be a member appointed under subsection (b), or shall be the 
Administrator. The term of the Chair is 2 years.
    (e) Meetings.--The Council shall meet at the call of the Chair or 
upon the request of the Administrator, except that the Council shall 
meet not less than three times during each fiscal year. The location of 
the meetings of the Council shall be subject to the approval of the 
Administrator.
    (f) Executive Secretary and Staff.--The Administrator shall 
designate a member of the staff of the Administration to serve as the 
executive secretary of the Council. The Administrator shall make 
available to the Council such staff, information, and other assistance 
as it may require to carry out its functions.

SEC. 302. PEER REVIEW.

    (a) In General.--The Secretary, after consultation with the 
Administrator, shall by regulation require appropriate peer review of 
grants or cooperative agreements to be administered through the 
Administration.
    (b) Members.--The members of a peer review group established 
pursuant to subsection (a) shall be individuals who by virtue of their 
training or experience are eminently qualified to perform the review 
functions of the group. Not more than 25 percent of the members of such 
a group may be officers or employees of the United States.
    (c) Requirements.--Regulations promulgated pursuant to subsection 
(a)--
            (1) shall require that the reviewing entity be provided a 
        written description of the matter to be reviewed;
            (2) shall require that the reviewing entity provide the 
        Council with such description and the results of the review by 
        the entity; and
            (3) may specify the conditions under which limited 
        exceptions may be granted to the limitations contained in the 
        last sentences of subsection (b) and subsection (d).
    (d) Recommendations.--
            (1) In general.--If the direct cost of a grant or 
        cooperative agreement to be administered through the 
        Administration does not exceed $50,000, the Secretary may make 
        such grant or cooperative agreement only if such grant or 
        cooperative agreement is recommended after peer review required 
        by regulations under subsection (a).
            (2) Role of advisory council.--If the direct cost of a 
        grant or cooperative agreement to be administered through the 
        Administration exceeds $50,000, the Secretary may make such 
        grant or cooperative agreement only if such grant or 
        cooperative agreement is recommended--
                    (A) after peer review required by regulations under 
                subsection (a); and
                    (B) by the council under section 301.

                  TITLE IV--MISCELLANEOUS AUTHORITIES

SEC. 401. MISCELLANEOUS AUTHORITIES.

    (a) Facilities.--The Secretary, in carrying out this Act--
            (1) may acquire, without regard to the Act of March 3, 1877 
        (40 U.S.C. 34), by lease or otherwise through the Administrator 
        of General Services, buildings or portions of buildings in the 
        District of Columbia or communities located adjacent to the 
        District of Columbia for use for a period not to exceed 10 
        years; and
            (2) may acquire, construct, improve, repair, operate, and 
        maintain laboratory, research, and other necessary facilities 
        and equipment, and such other real or personal property 
        (including patents) as the Secretary deems necessary.
    (b) Utilization of Certain Personnel and Resources.--
            (1) Department of health and human services.--The 
        Administrator, in carrying out this Act, may utilize personnel 
        and equipment, facilities, and other physical resources of the 
        Department of Health and Human Services, permit appropriate (as 
        determined by the Secretary) entities and individuals to 
        utilize the physical resources of such Department, and provide 
        technical assistance and advice.
            (2) Other agencies.--The Administrator, in carrying out 
        this Act, may use, with their consent, the services, equipment, 
        personnel, information, and facilities of other Federal, State, 
        or local public agencies, or of any foreign government, with or 
        without reimbursement of such agencies.
    (c) Consultants.--The Secretary, in carrying out this Act, may 
secure, from time to time and for such periods as the Administrator 
deems advisable but in accordance with section 3109 of title 5, United 
States Code, the assistance and advice of consultants from the United 
States or abroad.
    (d) Experts.--
            (1) In general.--The Secretary may, in carrying out this 
        Act, obtain the services of not more than 15 experts or 
        consultants who have appropriate scientific or professional 
        qualifications.
            (2) Certain expenses.--
                    (A) Experts and consultants whose services are 
                obtained under paragraph (1) shall be paid or 
                reimbursed for their expenses associated with traveling 
                to and from their assignment location in accordance 
                with sections 5724, 5724a(a)(1), 5724a(a)(3), and 
                5726(c) of title 5, United States Code.
                    (B) Expenses specified in subparagraph (A) may not 
                be allowed in connection with the assignment of an 
                expert or consultant whose services are obtained under 
                paragraph (1) unless and until the expert agrees in 
                writing to complete the entire period of assignment, or 
                one year, whichever is shorter, unless separated or 
                reassigned for reasons that are beyond the control of 
                the expert or consultant and that are acceptable to the 
                Secretary. If the expert or consultant violates the 
                agreement, the money spent by the United States for the 
                expenses specified in subparagraph (A) is recoverable 
                from the expert or consultant as a debt of the United 
                States. The Secretary may waive in whole or in part a 
                right of recovery under this subparagraph.
    (e) Voluntary and Uncompensated Services.--The Administrator, in 
carrying out this Act, may accept voluntary and uncompensated services.

 TITLE V--DISPOSITION OF REMAINING PROGRAMS AND FUNCTIONS OF SUBSTANCE 
            ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

SEC. 501. REMAINING DISPOSITIONS.

    (a) Mental Health Services.--All programs and functions of the 
Substance Abuse and Mental Health Services Administration that are not 
transferred under section 201 are transferred to the Health Resources 
and Services Administration of the Department of Health and Human 
Services.
    (b) Termination.--Effective immediately after the transfers made in 
subsection (a) and in sections 201, 601, and 602, the Substance Abuse 
and Mental Health Services Administration is terminated.

                      TITLE VI--GENERAL PROVISIONS

SEC. 601. TRANSITIONAL AND SAVINGS PROVISIONS REGARDING PREVENTION AND 
              TREATMENT OF SUBSTANCE ABUSE.

    (a) Personnel.--Personnel employed in connection with the programs 
and functions specified in section 201 on the day before the date of 
the enactment of this Act are transferred to the Administration.
    (b) Funds.--Amounts available for the programs and functions 
specified in section 201 on the day before the date of the enactment of 
this Act are transferred to the Administration. Such transfer does not 
affect the period of availability of the amounts, or the availability 
of the amounts with respect to the purposes for which the amounts may 
be expended.
    (c) Other Transfers.--In the case of legal rights and duties not 
transferred in subsection (a) or (b), all such rights and duties in 
effect with respect to the programs and functions specified in section 
201 on the day before the date of the enactment of this Act are 
transferred to the Administration (except to the extent that such 
rights or duties were vested in a different department than the 
department that was administering the program on such day).
    (d) Savings Provision.--All legal rights and duties transferred 
under this section continue in effect in accordance with their terms.

SEC. 602. TRANSITIONAL AND SAVINGS PROVISIONS REGARDING MENTAL HEALTH 
              SERVICES.

    Section 601 applies with respect to programs and functions 
specified in section 501(a) to the same extent and in the same manner 
as section 601 applies with respect to programs and functions specified 
in section 201, except that all transfers pursuant to this section are 
made to the Health Resources and Services Administration.

SEC. 603. CONFORMING AMENDMENTS.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended--
            (1) in section 501(a)--
                    (A) by striking ``(a) Establishment.--The'' and 
                inserting the following:
    ``(a) Establishment.--
            ``(1) In general.--The''; and
                    (B) by adding at the end the following paragraph:
            ``(2) Transfer of certain programs and functions.--This 
        title is subject to the provisions of the Drug Abuse Prevention 
        and Treatment Consolidation and Reorganization Act of 1998.'';
            (2) in section 1911(a), by striking ``, acting through the 
        Director of the Center for Mental Health Services,'';
            (3) in section 1921(a), by striking ``, acting through the 
        Center for Substance Abuse Treatment,''; and
            (4) in section 1932--
                    (A) in subsection (b), by striking paragraph (3); 
                and
                    (B) in subsection (d)(1), by striking ``the 
                Secretary, acting through'' and all that follows 
                through ``shall'' and inserting ``the Secretary 
                shall''.

SEC. 604. EFFECTIVE DATE.

    This Act takes effect upon the expiration of the 45-day period 
beginning on the date of the enactment of this Act.
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