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United States · Law · S

S. 1306 (102nd)

ADAMHA Reorganization Act

enactedUnited States· United States Congress· EN

Introduced

17 June 1991

Last action

Status

Became Public Law No: 102-321.

Sponsors

Subjects

Discovery layer

Source updated

21 April 2025

Summary

Alcohol, Drug Abuse, and Mental Health Administration Reorganization Act of 1991 - Title I: Administration and Institutes - Subtitle A: Restructuring - Amends the Public Health Service Act to remove provisions relating to the administration, institutes, and research of the Alcohol, Drug Abuse, and Mental Health Administration. Establishes, as an agency of the Public Health Service, the Alcohol, Drug Abuse and Mental Health Services Administration (ADAMHSA). Sets forth its general duties. Authorizes appropriations. Mandates: (1) grants to prevent and treat substance abuse among high risk youth; (2) grants for providing pregnant and postpartum women and their children substance abuse prevention, education, and treatment services, including primary health care, comprehensive social services, support services, counseling, housing, and case management; (3) grants to improve the provision of substance abuse treatment services, including through focusing on specified populations, treatment and vocational training in exchange for service, projects operated by community and migrant health centers, and treatment campus projects; (4) grants for drug and alcohol treatment services to individuals under criminal justice supervision; (5) grants to increase the number of full-time substance abuse treatment and prevention providers and the number of health professionals providing treatment and prevention as a component of primary health care; and (6) grants to States to expand their substance abuse treatment capacity. Authorizes appropriations. Authorizes: (1) grants or contracts for outreach to intravenous drug abusers to prevent exposure to and transmission of the etiologic agent for acquired immune deficiency syndrome; (2) grants, contracts, and cooperative agreements to develop and expand mental health and substance abuse treatment for homeless individuals; and (3) grants to communities for the development of comprehensive long-term strategies for the prevention of substance abuse and evaluation of different community approaches to such prevention. Authorizes appropriations. Authorizes grants for demonstration projects for: (1) community 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; (2) the prevention of youth suicide; (3) recognition, assessment, treatment, and clinical management of depressive disorders; (4) the prevention of sex offenses and treatment and assistance to sex offense victims; (5) mental health services to family violence victims; and (6) prevention services for individuals at risk of developing mental illness. Authorizes appropriations. Requires: (1) the appointment of one or more advisory councils for ADAMHSA; (2) peer review of services grants, cooperative agreements, and contracts administered through ADAMHSA. Requires peer review approval for assistance under, and both peer review and advisory council approval for assistance over, a specified amount. Mandates a process to respond to misconduct in projects receiving funds under specified provisions. Authorizes and regulates the use of experts and consultants. Establishes within ADAMHSA the Office for Special Populations to take specified actions with regard to women, minorities, and the elderly. Establishes in the National Institutes of Health the National Institute on Alcohol Abuse and Alcoholism (NIAAA), the National Institute on Drug Abuse (NIDA), and the National Institute of Mental Health (NIMH), requiring comprehensive research on cause, diagnosis, epidemiology, prevention, and treatment, including services research. Authorizes appropriations. Includes in the purpose of NIMH the study of psychological, social, and legal factors that influence behavior. Authorizes grants, cooperative agreements, and contracts through NIAAA, NIDA, and NIMH relating to research and demonstrations relative to the cause, diagnosis, treatment, control, and prevention of mental illness and substance abuse. Directs the Secretary of Health and Human Services to establish, through NIAAA, NIDA, and NIMH, National Health and Substance Abuse Education Programs to disseminate information on improved treatment and family assistance methods and to support training. Authorizes the Secretary, through NIAAA and NIDA, to designate National Substance Abuse Research Centers for interdisciplinary research on substance abuse and other biomedical, behavioral, and social issues. Mandates annual grants to Centers. Establishes in NIDA the Medication Development Program to take specified steps regarding: (1) medication to treat the symptoms and disease of alcohol and drug abuse and addiction and related mental disorders; and (2) supporting training in such areas. Mandates related grants or contracts and cooperative agreements. Subtitle B: Miscellaneous Provisions - Replaces provisions titled "Miscellaneous Provisions Relating to Substance Abuse and Mental Health" with provisions directing the Secretary, through the ADAMHSA Administrator, as feasible and on request of a State, to make technical assistance available for specified purposes, including: (1) program management and evaluation; (2) accreditation or licensure of facilities and personnel; and (3) improving the scope of mental health and substance abuse health insurance offered in the State. Makes the Secretary, through the Administrator, responsible for fostering substance abuse prevention and treatment programs and services in State and local governments and private industry. Mandates: (1) development of model programs suitable for replication on a cost-effective basis in different types of businesses and governmental entities; and (2) dissemination of information on the model programs. Prohibits denial or deprivation of Federal civilian employment or a Federal professional or other license or right solely on the grounds of prior substance abuse, except for employment in specified Federal agencies, any other Federal department or agency designated for purposes of national security by the President, or any Federal position determined to be sensitive. Prohibits discrimination against substance abusers who are suffering from medical conditions in admission or treatment, solely because of their substance abuse, by any private or public general hospital, or outpatient facility receiving any Federal support. Prohibits disclosure of patient information maintained in connection with substance abuse prevention, training, treatment, or research which is conducted or assisted by any Federal department or agency, subject to specified exceptions. Provides for monetary penalties. Mandates: (1) data collection on the national incidence and prevalence of the various forms of mental illness and substance abuse; and (2) competitive grants for epidemiological and longitudinal studies of infants and the families of infants with fetal cocaine and fetal alcohol syndromes. Authorizes appropriations. Provides, if the Secretary determines that a disease or disorder within the jurisdiction of ADAMHSA constitutes a public health emergency, for: (1) expediting peer and advisory committee review; (2) waiving advertising requirements for proposals for contracts; (3) increasing existing grants and contracts; and (4) disseminating information. Subtitle C: Transfer Provisions - Provides for the transfer from the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to: (1) ADAMHSA of authorities, responsibilities, services, personnel, assets, liabilities, orders, regulations, legal actions, and other matters; and (2) the appropriate Directors of NIAAA, NIDA, and NIMH all research related functions of ADAMHA. Subtitle D: Conforming Amendments - Amends specified provisions of the Public Health Service Act relating to projects for assistance in transition from homelessness and provisions relating to alternative utilization of military facilities to substitute references to the Administrator of ADAMHSA for references to: (1) the Director of the National Institute of Mental Health; and (2) the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse. Directs the Secretary to carry out provisions relating to alcohol and drug abuse and mental health services block grants through the Administrator. Subtitle E: Miscellaneous Provisions - Directs the Secretary to try to get alternative Federal funding for grantees receiving assistance under the community youth activity program under the Anti-Drug Abuse Act of 1988. Requires that the peer review systems, advisory councils, and scientific advisory committees used by NIAAA, NIDA, and NIMH before the transfer of those Institutes to NIH be used by those Institutes after the transfer. Title II: Reauthorization and Improvement of Alcohol and Drug Abuse and Mental Health Service Block Grant Program - Authorizes appropriations for the alcohol and drug abuse and mental health service block grant provisions of the Public Health Service Act. Revises the formula for determining the amount of block grant allotments. Requires that unobligated block grant funds remain available to a State if the Secretary finds that the funds were obligated but subsequently unobligated due to the State's diligence in carrying out the purposes of such provisions. Directs (currently, authorizes) the Secretary to waive a requirement (to spend at least 50 percent of specified funds reserved to carry out certain drug abuse activities) if the Secretary determines that the incidence of intravenous drug abuse in a State does not require that level of funding. Allows block grant allotments to be used for: (1) grants to community health centers for services relating to seriously (currently, chronically) mentally ill individuals; (2) grants to underserved populations of mentally ill individuals in State and local correctional facilities; (3) renovation that makes land or a facility suitable for use under such block grant provisions, including removing hazards or making the land or facility accessible to disabled persons; and (4) programs of treatment for adult and juvenile substance abusers in State and local criminal and juvenile justice systems. Replaces provisions prohibiting the use of block grant funds for the distribution of needles or bleach in connection with the use of illegal drugs with a provision prohibiting the use of such funds for any program prohibited by specified provisions (relating to needle or syringe distribution) of the Health Omnibus Programs Extension of 1988. Amends provisions limiting the percentage of block grant funds a State may use for administration to prohibit including in administrative expenses reasonable expenses incurred for training. Prohibits substance abuse treatment facilities and mental health treatment facilities receiving assistance under Public Health Service Act block grant provisions from discriminating against mentally ill substance abusers. Requires a State to maintain spending levels for alcohol and drug abuse and community mental health services at least at the level (currently, the average level) the State maintained during the previous two years. Removes a provision allowing waiver of that requirement due to extraordinary economic conditions in the State. Adds a requirement that the State mental health planning council comment on the State plan required under specified provisions. Requires a State, on request of the council, to submit the comments to the Secretary with the State plan. Requires development and implementation by a State, and annual approval by the Secretary, of a statewide Substance Abuse Prevention and Treatment Plan. Directs the Secretary, in making grants under existing provisions for the development of State comprehensive mental health services plans, act through the Administrator of ADAMHSA. Title III: Studies - Requires the Director of the NIDA to report to specified congressional committees on the role of the private sector in the development of anti-addiction medications, including legislative proposals designed to encourage private sector development of such medications. Requires the Commissioner of the Food and Drug Administration to report to specified congressional committees on the process by which anti-addiction medications receive marketing approval. Declares that it is the sense of the Congress that the Medications Development Division of the NIDA shall devote special attention and adequate resources to the development of specified medications relating to drug abuse. Requires the Directors of NIAAA, NIDA, and NIMH to establish a panel of independent experts in pharmacotherapeutic treatment of drug addiction to report to the appropriate congressional committees on the national strategy for developing such treatments. Requires the report to be made available to the public. Directs the Secretary to report to the appropriate congressional committees on a uniform definition of "serious mental illness." Requires the ADAMHSA Administrator, acting jointly with the NIMH Director, to report to the appropriate congressional committees on the most effective methods for, and the obstacles to, providing mental health services to individuals residing in correctional facilities.

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