101st CONGRESS
1st Session
H. R. 3611
AMENDMENT
HR 3611 EAS1S
In the Senate of the United States,
November 15 (legislative day, November 6), 1989.
Resolved, That the bill from the House of Representatives (H.R. 3611)
entitled `An Act to combat international narcotics production and
trafficking', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That (a)(1) the Secretary of Health and Human Services, acting through the
Administrator of the Alcohol, Drug Abuse, and Mental Health Administration
or his designee, shall use amounts made available under paragraph (4)
to make a grant to an institution of the type described in paragraph (2)
for the establishment of a National Resource and Information Center for
Perinatal Addiction.
(2) The grant under paragraph (1) shall be awarded, after a competitive
search, to a private nonprofit institution that has an extensive background
and experience in performing research on maternal substance abuse and in
disseminating such information to professionals, policymakers, the general
public and the media, as well as experience in providing educational
services to maternal substance abusers and their exposed infants.
(3) The Center established under paragraph (1) shall--
(A) coordinate and disseminate research on maternal substance abuse,
treatment options for such women and infants of such women, and prevention
strategies;
(B) develop and distribute training and educational information and
materials concerning maternal substance abuse;
(C) act as a clearinghouse for information on treatment programs for
pregnant women who are addicted to illegal substances;
(D) develop and manage a national toll free hotline to provide information
and referrals;
(E) provide policy analysis and program evaluation to the Secretary of
Health and Human Services; and
(F) provide any other services designed to carry out the purposes of
this subsection.
(4) There are authorized to be appropriated to carry out this paragraph,
$2,500,000 for fiscal year 1990, and such sums as may be necessary for
fiscal year 1991.
(b) Part A of title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.) is amended by adding at the end thereof the following new section:
`SEC. 509H. GRANTS FOR SUBSTANCE ABUSE TREATMENT FOR PREGNANT AND POST-PARTUM
WOMEN.
`(a) IN GENERAL- The Secretary, acting through the Administrator of the
Alcohol, Drug Abuse, and Mental Health Administration or his designee, shall
make grants to entities to provide assistance to outpatient and residential
substance abuse treatment programs relating to pregnant and post-partum
women and their infants, that meet the requirements of subsection (b).
`(b) REQUIREMENTS-
`(1) DISTRIBUTION- In making grants under subsection (a), the Administrator
shall ensure that grants are reasonably distributed among projects that
provide outpatient and residential treatment.
`(2) SERVICES- An entity shall not be eligible for a grant under subsection
(a) unless such entity provides the Administrator with an assurance that
such entity will use assistance provided under such grant to provide, arrange
for the provision of, or refer individuals to, services that shall include--
`(A) intervention services for pregnant and post-partum women, including--
`(i) substance abuse and addiction treatment services;
`(ii) support services (such as child care and transportation services);
`(iii) education and skill building services (such as parenting and job
seeking skill services);
`(iv) integration and coordination of substance abuse treatment services
with prenatal or post-partum health care services;
`(v) innovative methods of outreach to identify and recruit target
populations for services early in the pregnancy of individuals of such
populations;
`(vi) medical screening procedures of pregnant women for past and present
substance use and abuse; and
`(vii) after care services;
`(B) interventions where infants are at risk, including--
`(i) direct intervention, treatment, or rehabilitation of infants, which
may include other siblings, to reduce or prevent the impact of maternal
substance abuse on such children; and
`(ii) supportive services for biologic or foster parents of infants affected
by maternal substance abuse;
`(C) service delivery strategies that may include--
`(i) strategies for the coordination, for purposes of identification
or service delivery, of family violence and homeless shelter programs,
programs under part A of title IV of the Social Security Act, and section
17 of the Child Nutrition Act of 1966, crisis pregnancy centers programs,
public housing programs, and prison programs, with other likely points of
access for high risk women;
`(ii) strategies concerning the involvement of significant others (such
as male partners of pregnant women) as direct intervention targets or
strategies to aid in the outreach and service delivery processes for women;
`(iii) strategies for co-locating multiple facilities to facilitate the
delivery of services; and
`(iv) innovative strategies (such as case management) to ensure the
coordinated utilization of generally unrelated service systems; and
`(D) other services necessary to improve pregnancy outcomes, reduce substance
abuse among women of childbearing age, and increase the stability of the
family home environment.
`(c) APPLICATION- The Administrator shall 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 otherwise is in such form, is made in such manner, and
contains such agreements, assurances, and information as the Administrator
determines to be necessary to carry out this section; and
`(4) the application contains an assurance that the applicant will provide
funds, other than Federal funds, in an amount that is not less than 10
percent of the amount of the grant under subsection (a).
`(d) CONSTRUCTION- Nothing in this section shall be construed to permit
the Secretary to discriminate in the awarding of grants under subsection
(a) against applicants that propose or provide residential or outpatient
rehabilitation services under applicable requirements of State law,
including applicants that provide services to substance abusing pregnant
and post-partum women that receive treatment by order of a court or other
appropriate public agency, so long as all such applications include measures
that encourage substance abusing pregnant and post-partum women to seek
prenatal care and rehabilitation.
`(f) There are authorized to be appropriated to carry out this section,
$50,000,000 in fiscal year 1990, and such sums as may be necessary in
fiscal year 1991.'.

c4685b45da91db445a0dda036243d402c05797b78caec5265bef6ae5e9101ff2

is amended by adding after section 8 the following new subsection:
`SEC. 8A. EMERGENCY PROTECTIVE CHILD SERVICES GRANTS.
`(a) ESTABLISHMENT- The Secretary shall establish a grant program to make
grants to eligible entities to enable such entities to provide services
to children whose parents are substance abusers.
`(b) ELIGIBLE ENTITIES- Entities eligible to receive a grant under
this section shall be State or local agencies that are responsible for
administering protective child services or child abuse intervention
services. Such agencies shall include those agencies responsible for
administering foster care, child welfare, child protective services,
and child abuse intervention programs.
`(c) APPLICATION-
`(1) IN GENERAL- To be eligible to receive a grant under this section,
an entity shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may by
regulation require.
`(2) ASSURANCE OF USE- An application submitted under paragraph (1) shall--
`(A) contain an assurance that the applicant operates in a geographic area
where substance abuse has placed substantial strains on social service
and law enforcement agencies and has resulted in substantial increases
in the need for services that cannot be met without funds available under
this section;
`(B) identify the responsible agency or agencies that will be involved in
the use of funds provided under this section;
`(C) contain a description of the emergency situation with regard to children
of substance abusers who need services of the type described in this section;
`(D) contain a plan for improving the delivery of such services to such
children;
`(E) contain assurances that such services will be provided in a
comprehensive multidisciplinary and coordinated manner; and
`(F) contain any additional information as the Secretary may reasonably
require.
`(d) USE OF FUNDS- Funds received by an entity under this section shall
be used to improve the delivery of services to children whose parents are
substance abusers. Such services may include--
`(1) the hiring of additional personnel by the entity to reduce caseloads;
`(2) the provision of additional training for personnel to improve their
ability to provide emergency child protective services related to substance
abuse by the parents of such children;
`(3) the provision of expanded services to deal with family crises created
by substance abuse;
`(4) the recruitment of additional foster care families;
`(5) the recruitment of additional adoptive families; and
`(6) the establishment or improvement of coordination between the agency
administering the grant and--
`(A) child protection and welfare organizations;
`(B) hospitals and health care providers;
`(C) public health and mental health professionals;
`(D) judicial and law enforcement officers;
`(E) child advocates;
`(F) public educational institutions;
`(G) community-based organizations that serve substance abusing parents,
including pregnant and post-partum females and their infants;
`(H) public housing officials;
`(I) providers of shelter to abused and homeless females and families; and
`(J) parents and representatives of parent groups.
`(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to make grants under this section, $40,000,000 in fiscal year 1990, and
such sums as may be necessary in each subsequent fiscal year.'.
(b)(1) Section 402(A) of the Joint Resolution entitled `A Joint Resolution
making continuing appropriations for the fiscal year 1985, and for other
purposes', (approved October 12, 1984, Public Law 98-473, 98 Stat. 2198,
42 U.S.C. 5116d) is amended--
(A) by inserting after paragraph (3), the following new paragraph:
`(4) parental substance abuse places children at great risk of abuse and
neglect;'; and
(B) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5),
(6), (7), and (8) respectively.
(2) Section 405(4)(A) of such Act (98 Stat. 2198, 42 U.S.C. 5116c) is
amended by inserting `services to substance abusing parents, including
pregnant and post-partum women,' after `perinatal bonding,'.

4f08120b537b76d947fa48e58764b8b66eddde2b7e50a00cddaa680b6c1b0269

(42 U.S.C. 290aa-6) the following new section:
`SEC. 508B. GRANTS FOR TRAINING OF DRUG TREATMENT PROFESSIONALS.
`(a) ESTABLISHMENT- The Secretary shall establish a grant program to make
grants to eligible institutions to enable such institutions to provide
training services to increase the supply of drug treatment professionals.
`(b) ELIGIBLE INSTITUTIONS- Institutions eligible to receive a grant under
this section shall include medical schools, schools of osteopathy, school
of nursing, schools of public health, school of chiropractic services,
schools of social work, and other appropriate educational institutions
that submit an application in accordance with subsection (c).
`(c) APPLICATION- To be eligible to receive a grant under this section,
an eligible institution shall submit an application to the Secretary at
such time, in such manner, and containing such information as the Secretary
may by regulation require.
`(d) Authorization of Appropriation-
`(1) FISCAL YEAR 1990- The Secretary shall use amounts appropriated under
section 508 for the fiscal year ending September 30, 1990, to carry out
this section in fiscal year 1990.
`(2) SUBSEQUENT FISCAL YEARS- There are authorized to be appropriated to
make grants under this section in each of the fiscal years 1991 and 1992,
such sums as may be necessary.'.

3fb40afec6b679edc3c5a625ebbe982cb692eb4e9497655766ccdd452e9af881

bf3f9cf994fd1a261c3022122b85386469dcdc7974dedaf4f9027356658988da

released by this section unless funds are made available for each fiscal
year to the chief executive officer of a State which may be used with
existing power for random drug testing programs for students voluntarily
participating in extracurricular activities and using existing power such
testing is done only in schools which voluntarily choose to participate
in such a program.

b5299f7f668ce96a8962130c324d4fae621ac4a6c4d8a1324d6b4e9f92b9dd7d

FORFEITURE FUND AMENDMENT- Section 524(c)(9) of title 28, United States
Code, is amended to read as follows:
`(9) There are authorized to be appropriated such sums as necessary for
the purposes described in subparagraphs (A)(ii), (B), (C), (F), and (G)
of paragraph (1). For each of fiscal years 1990, 1991, 1992, and 1993, the
Attorney General shall transfer not to exceed $150,000,000 in unobligated
amounts available in the Fund to the Special Forfeiture Fund: Provided,
That such amounts will be transferred on a quarterly basis: Provided
further, That an amount not to exceed $15,000,000 or, if determined by
the Attorney General to be necessary to meet asset specific expenses,
an amount equal to one-tenth of the previous year's obligations, may be
retained in the Fund and remain available for appropriation.'.
(b) SPECIAL FORFEITURE FUND AMENDMENT- Section 6073(b) of the Anti-Drug
Abuse Act of 1988 (Public Law 100-690) is amended to read as follows:
`(b) DEPOSITS- In each of fiscal years 1990, 1991, 1992, and 1993, there
shall be transferred to and deposited in the Fund, from the Department
of Justice Assets Forfeiture Fund pursuant to 28 U.S.C. 524(c)(9), not
to exceed $150,000,000: Provided, That amounts specified in the second
proviso of said section may be retained in the Assets Forfeiture Fund and
remain available for appropriation.'.

eebc566e3edb20ab561448f7c585ead9a41f91b53909c36d3edeb9383ec69687

U.S.C. 881(e)(3)) is amended by--
(1) striking subparagraph (B);
(2) striking the dash and `(A)'; and
(3) striking `; and' and inserting a period.
(b) Section 6077 of the Anti-Drug Abuse Act of 1988 is amended by striking
subsection (c).
(c) The amendment made by subsection (a) shall be effective with respect
to fiscal years beginning with fiscal year 1990: Provided, That, none of
the funds made available under this Act for the Office of National Drug
Control Policy from the special forfeiture fund may be used by the Director
of National Drug Control Policy after February 1, 1990, if the Director has
not by that date designated high-intensity drug trafficking areas pursuant
to section 1005(c) of the Anti-Drug Abuse Act of 1988 (Public Law 100-690).

de470fe6aafab81eabb4a7ce3d758b17907aa4fd99237aaa21d3f0f3d73e1487

inserting after section 1916A (42 U.S.C. 300x-4a) the following new section:
`SEC. 1916B. STATEWIDE DRUG TREATMENT PLAN.
`(a) NATURE OF PLAN- To receive the drug abuse portion of its allotment
for a fiscal year under section 1912A, a State shall develop, implement
and submit, as part of the application required by section 1916(a), an
approved statewide Drug Treatment Plan, prepared according to regulations
promulgated by the Secretary, that shall contain--
`(1) a single, designated State agency for formulating and implementing
the Statewide Drug Treatment Plan;
`(2) a description of the mechanism that shall be used to assess the
needs for drug treatment in localities throughout the State including the
presentation of relevant data;
`(3) a description of a statewide plan that shall be implemented to expand
treatment capacity and overcome obstacles that restrict the expansion of
treatment capacity (such as zoning ordinances), or an explanation of why
such a plan is unnecessary;
`(4) a description of performance-based criteria that shall be used to
assist in the allocating of funds to drug treatment facilities receiving
assistance under this subpart;
`(5) a description of the drug-free patient and workplace programs, that
must include some form of drug testing, to be utilized in drug treatment
facilities and programs;
`(6) a description of the mechanism that shall be used to make funding
allocations under this subpart;
`(7) a description of the actions that shall be taken to improve the
referral of drug users to treatment facilities that offer the most
appropriate treatment modality;
`(8) a description of the program of training that shall be implemented
for employees of treatment facilities receiving Federal funds, designed
to permit such employees to stay abreast of the latest and most effective
treatment techniques;
`(9) a description of the plan that shall be implemented to coordinate
drug treatment facilities with other social, health, correctional and
vocational services in order to assist or properly refer those patients
in need of such additional services; and
`(10) a description of the plan that will be implemented to expand and
improve efforts to contact and treat expectant women who use drugs and to
provide appropriate follow-up care to their affected newborns.
`(b) SUBMISSION OF PLAN- The plan required by subsection (a) shall be
submitted to the Secretary annually for review and approval. The Secretary
shall have the authority to review and approve or disapprove such State
plans, and to propose changes to such plans.
`(c) SUBMISSION OF PROGRESS REPORTS- Each State shall submit reports,
in such form, and containing such information as the Secretary may, from
time to time, require, and shall comply with such additional provisions as
the Secretary may from time to time find necessary to verify the accuracy
of such reports and not overly burdensome on the State.
`(d) WAIVER OF PLAN REQUIREMENT- At the discretion of the Secretary, the
Secretary may waive any or all of the requirements of this section on the
written request of a State, except that such waiver shall not be granted
unless the State implements an alternative treatment plan that fulfills
the objectives of this section.
`(e) DEFINITION- As used in this section, the term `drug abuse portion'
means the amount of a State's allotment under section 1912A that is required
by this subpart, or by any other provision of law, to be used for programs
or activities relating to drug abuse.'.
(b)(1) The Secretary of Health and Human Services shall promulgate
regulations necessary to carry out section 1916B of the Public Health
Service Act (as added by subsection (a)) not later than 6 months following
the date of enactment of this section.
(2)(A) Sections 1916B (a)(4) and (a)(5) of such Act (as added by subsection
(a)) shall become effective on October 1, of the second fiscal year
beginning after the date that final regulations under paragraph (1) are
published in the Federal Register.
(B) The remaining provision of such section 1916B shall become effective
beginning on October 1, of the first fiscal year beginning after the date
final regulations under paragraph (1) are published in the Federal Register.

e294d8d45b1668094f6241f636b2ab6908188a92b41576bec0af7868fcbd4063

to carry out the Foreign Assistance Act of 1961, as amended, or the
Arms Export Control Act may be made available for any narcotics-related
activities in Colombia, Bolivia, and Peru to carry out any provisions of
such Acts notwithstanding the provisions of--
(1) section 620(q) or section 660 of the Foreign Assistance Act; or
(2) section 518 of the Foreign Operations, Export Financing, and Related
Appropriations Act, 1989, or any other provision that similarly restricts
the furnishing of assistance to countries in default on payment to the
United States of principal or interest on any loan.

b0acce6ef0b37a234b8a073fb6c2ff961f7f4055a22f2cf803906fcbdcebedbd

used for the block grant program under part B of title XIX of the Public
Health Service Act (42 U.S.C. 300x et seq.) to make grants to carry out
substance abuse programs, except that such amount shall not be used to
calculate amounts to be used for programs and activities relating to
substance abuse as required by section 1916(c)(7)(B) of such Act.

cf7acac41f43046e4f64c0b823c4ea4ee4fd2cd4b07ad9380796705468a7da4f

(42 U.S.C. 670 note) is amended--
(1) in paragraph (2), by inserting `and those infants who are victims of
parental substance abuse' before the semicolon;
(2) in paragraph (3), by inserting `and those infants who are victims of
parental substance abuse' before `, to reside';
(3) in paragraph (4), by inserting `and those infants who are victims of
parental substance abuse' before the semicolon;
(4) in paragraph (5), by inserting `and those infants who are victims of
parental substance abuse' before the semicolon;
(5) in paragraph (6), by inserting `and those infants who are victims of
parental substance abuse' before the semicolon; and
(6) in paragraph (7), by inserting `and those infants who are victims of
parental substance abuse' before the period.

6581e62462954646fbe5b3a9d394d4b46be2862a2faf35273a613dfe7a415260

is amended--
(1) in subsection (a)(4)(B)(i)--
(A) by striking out `0.4' in subclause (I), and inserting in lieu thereof
`0.2'; and
(B) by striking out `indicated by the most recent data collected by the
Bureau of the Census' in subclause (II), and inserting in lieu thereof
`determined by multiplying the percentage of the State's population that
resides in urbanized areas of the State (as indicated by the most recent
decennial census compiled by the Bureau of the Census) by the most recent
estimate of the total population of the State';
(2) in subsection (a)(4)(B)(ii)(I), by striking out `0.2' and inserting
in lieu thereof `0.266';
(3) in subsection (a)(4)(B)(iii)(I), by striking out `0.2' and inserting
in lieu thereof `0.266';
(4) in subsection (a)(4)(B)(iv)(I), by striking out `0.2' and inserting
in lieu thereof `0.267';
(5) in subsection (b), to read as follows:
`(b)(1) In fiscal year 1989, each State shall receive a minimum allotment
under this subpart of the lesser of--
`(A) $8,000,000; and
`(B) an amount equal to 105 percent of the sum of--
`(i) the amount the State received under section 1913 for fiscal year 1988
(as such section was in effect for such fiscal year); and
`(ii) the amount the State received under part C for fiscal year 1988.
`(2) In subsequent fiscal years, each State shall receive a minimum allotment
under this subpart that is equal to the amount that such State received
in fiscal year 1989 under paragraph (1) for the minimum amount that such
State was entitled to under such paragraph plus an amount equal to such
minimum multiplied by the percentage increase in the amount appropriated
under section 1911(a) in such subsequent fiscal year above the amount
appropriated for the immediately preceding fiscal year.'; and
(6) in subsection (f), to read as follows:
`(f) For purposes of subsection (e), the applicable amount for each fiscal
year is $330,000,000.'.

aea83fb40f3228aeead186b4da438aadcee393aeb7b458d976de2dda9a8a1341

of 1986 (20 U.S.C. 3171 et seq.) is amended by striking `$350,000,000'
and inserting `$375,000,000'.
(b) Section 5122 of the Drug-Free Schools and Communities Act of 1986
is amended--
(1) by redesignating subsections (a) and (b) as subsections (b) and (c),
respectively;
(2) by inserting the following new subsection (a) after the section
designation:
`(a) EMERGENCY GRANTS TO SCHOOLS IN URBAN AND RURAL AREAS-
`(1) IN GENERAL- From the amount available to carry out this section
pursuant to section 5121(a), 33.3 percent of such amount shall be used by
the chief executive officer in consultation with the State educational
agency or the chief State school officer of a State, to make contracts
with, and emergency grants to, local educational agencies serving urban
and rural communities with severe drug problems.
`(2) REQUIREMENTS-
`(A) INITIAL GRANTS- In awarding grants under this subsection the chief
executive shall first award grants to local educational agencies serving the
largest city in the State to develop and implement comprehensive approaches
to eliminating the serious drug problem that affects schools and students
within the boundries of the local educational agency. Such grant shall be
of sufficient size, scope, and quality to be of value and effective.
`(B) LOCAL AGENCIES- After satisfying the requirements of subparagraph
(A), the chief executive officer of a State receiving a grant under this
section shall make grants to urban and rural local educational agencies
with severe drug problems as determined by the incidence of drug abuse in
relation to the size of the school age population. Such grants shall be
of sufficient size, scope, and quality to be of value and effective. Such
grants to the local educational agency shall be used for the development
and implementation of comprehensive approaches to eliminating the serious
drug problems that affects schools and students within the boundries of
the local educational agency.
`(3) WAIVER- The Secretary may waive the provisions of this subsection
for States in which there is no concentration of drug problems.'; and
(3) in subsection (b) (as amended in paragraph (1)) by striking out `IN
GENERAL- Not' and inserting in lieu thereof `REMAINDER- From the remainder
available to carry out this section, not'.
Attest:
Secretary.
HR 3611 EAS1S----2
HR 3611 EAS1S----3
HR 3611 EAS1S----4
HR 3611 EAS1S----5

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International Narcotics Control Act of 1989 — HR. 3611

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