Authorizing legislation - Children's Health Care Act

114 STAT. 1101 PUBLIC LAW 106–310—OCT. 17, 2000

Public Law 106–310

106th Congress

An Act

To amend the Public Health Service Act with respect to children’s health.

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 ‘‘Children’s Health Act of 2000’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec.1. Short title.

Sec.2.Table of contents.

DIVISION A—CHILDREN’S HEALTH

TITLE I—AUTISM

Sec.101.Expansion, intensification, and coordination of activities of National Institutes

of Health with respect to research on autism.

Sec.102.Developmental disabilities surveillance and research programs.

Sec.103.Information and education.

Sec.104.Inter-agency Autism Coordinating Committee.

Sec.105.Report to Congress.

TITLE II—RESEARCH AND DEVELOPMENT REGARDING FRAGILE X

Sec.201.National Institute of Child Health and Human Development; research on

fragile X.

TITLE III—JUVENILE ARTHRITIS AND RELATED CONDITIONS

Sec.301.National Institute of Arthritis and Musculoskeletal and Skin Diseases;

research on juvenile arthritis and related conditions.

Sec.302.Information clearinghouse.

TITLE IV—REDUCING BURDEN OF DIABETES AMONG CHILDREN AND

YOUTH

Sec.401.Programs of Centers for Disease Control and Prevention.

Sec.402.Programs of National Institutes of Health.

TITLE V—ASTHMA SERVICES FOR CHILDREN

Subtitle A—Asthma Services

Sec.501.Grants for children’s asthma relief.

Sec.502.Technical and conforming amendments.

Subtitle B—Prevention Activities

Sec.511.Preventive health and health services block grant; systems for reducing

asthma-related illnesses through integrated pest management.

Subtitle C—Coordination of Federal Activities

Sec.521.Coordination through National Institutes of Health.

Subtitle D—Compilation of Data

Sec.531.Compilation of data by Centers for Disease Control and Prevention.

42 USC 201 note.

Children’s Health

Act of 2000.

Oct. 17, 2000

[H.R. 4365]

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114 STAT. 1102 PUBLIC LAW 106–310—OCT. 17, 2000

TITLE VI—BIRTH DEFECTS PREVENTION ACTIVITIES

Subtitle A—Folic Acid Promotion

Sec.601.Program regarding effects of folic acid in prevention of birth defects.

Subtitle B—National Center on Birth Defects and Developmental Disabilities

Sec.611.National Center on Birth Defects and Developmental Disabilities.

TITLE VII—EARLY DETECTION, DIAGNOSIS, AND TREATMENT REGARDING

HEARING LOSS IN INFANTS

Sec.701.Purposes.

Sec.702.Programs of Health Resources and Services Administration, Centers for

Disease Control and Prevention, and National Institutes of Health.

TITLE VIII—CHILDREN AND EPILEPSY

Sec.801.National public health campaign on epilepsy; seizure disorder demonstration

projects in medically underserved areas.

TITLE IX—SAFE MOTHERHOOD; INFANT HEALTH PROMOTION

Subtitle A—Safe Motherhood Prevention Research

Sec.901.Prevention research and other activities.

Subtitle B—Pregnant Women and Infants Health Promotion

Sec.911.Programs regarding prenatal and postnatal health.

TITLE X—PEDIATRIC RESEARCH INITIATIVE

Sec.1001.Establishment of pediatric research initiative.

Sec.1002.Investment in tomorrow’s pediatric researchers.

Sec.1003.Review of regulations.

Sec.1004.Long-term child development study.

TITLE XI—CHILDHOOD MALIGNANCIES

Sec.1101.Programs of Centers for Disease Control and Prevention and National Institutes

of Health.

TITLE XII—ADOPTION AWARENESS

Subtitle A—Infant Adoption Awareness

Sec.1201.Grants regarding infant adoption awareness.

Subtitle B—Special Needs Adoption Awareness

Sec.1211.Special needs adoption programs; public awareness campaign and other

activities.

TITLE XIII—TRAUMATIC BRAIN INJURY

Sec.1301.Programs of Centers for Disease Control and Prevention.

Sec.1302.Study and monitor incidence and prevalence.

Sec.1303.Programs of National Institutes of Health.

Sec.1304.Programs of Health Resources and Services Administration.

Sec.1305.State grants for protection and advocacy services.

Sec.1306.Authorization of appropriations for certain programs.

TITLE XIV—CHILD CARE SAFETY AND HEALTH GRANTS

Sec.1401.Definitions.

Sec.1402.Authorization of appropriations.

Sec.1403.Programs.

Sec.1404.Amounts reserved; allotments.

Sec.1405.State applications.

Sec.1406.Use of funds.

Sec.1407.Reports.

TITLE XV—HEALTHY START INITIATIVE

Sec.1501.Continuation of healthy start program.

TITLE XVI—ORAL HEALTH PROMOTION AND DISEASE PREVENTION

Sec.1601.Identification of interventions that reduce the burden and transmission of

oral, dental, and craniofacial diseases in high risk populations; development

of approaches for pediatric oral and craniofacial assessment.

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114 STAT. 1103 PUBLIC LAW 106–310—OCT. 17, 2000

Sec.1602.Oral health promotion and disease prevention.

Sec.1603.Coordinated program to improve pediatric oral health.

TITLE XVII—VACCINE-RELATED PROGRAMS

Subtitle A—Vaccine Compensation Program

Sec.1701.Content of petitions.

Subtitle B—Childhood Immunizations

Sec.1711.Childhood immunizations.

TITLE XVIII—HEPATITIS C

Sec.1801.Surveillance and education regarding hepatitis C.

TITLE XIX—NIH INITIATIVE ON AUTOIMMUNE DISEASES

Sec.1901.Autoimmune diseases; initiative through Director of National Institutes of

Health.

TITLE XX—GRADUATE MEDICAL EDUCATION PROGRAMS IN CHILDREN’S

HOSPITALS

Sec.2001.Provisions to revise and extend program.

TITLE XXI—SPECIAL NEEDS OF CHILDREN REGARDING ORGAN

TRANSPLANTATION

Sec.2101.Organ Procurement and Transplantation Network; amendments regarding

needs of children.

TITLE XXII—MUSCULAR DYSTROPHY RESEARCH

Sec.2201.Muscular dystrophy research.

TITLE XXIII—CHILDREN AND TOURETTE SYNDROME AWARENESS

Sec.2301.Grants regarding Tourette Syndrome.

TITLE XXIV—CHILDHOOD OBESITY PREVENTION

Sec.2401.Programs operated through the Centers for Disease Control and

Prevention.

TITLE XXV—EARLY DETECTION AND TREATMENT REGARDING

CHILDHOOD LEAD POISONING

Sec.2501.Centers for Disease Control and Prevention efforts to combat childhood

lead poisoning.

Sec.2502.Grants for lead poisoning related activities.

Sec.2503.Training and reports by the Health Resources and Services

Administration.

Sec.2504.Screenings, referrals, and education regarding lead poisoning.

TITLE XXVI—SCREENING FOR HERITABLE DISORDERS

Sec.2601.Program to improve the ability of States to provide newborn and child

screening for heritable disorders.

TITLE XXVII—PEDIATRIC RESEARCH PROTECTIONS

Sec.2701.Requirement for additional protections for children involved in research.

TITLE XXVIII—MISCELLANEOUS PROVISIONS

Sec.2801.Report regarding research on rare diseases in children.

Sec.2802.Study on metabolic disorders.

TITLE XXIX—EFFECTIVE DATE

Sec.2901.Effective date.

DIVISION B—YOUTH DRUG AND MENTAL HEALTH SERVICES

Sec.3001.Short title.

TITLE XXXI—PROVISIONS RELATING TO SERVICES FOR CHILDREN AND

ADOLESCENTS

Sec.3101.Children and violence.

Sec.3102.Emergency response.

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114 STAT. 1104 PUBLIC LAW 106–310—OCT. 17, 2000

Sec.3103.High risk youth reauthorization.

Sec.3104.Substance abuse treatment services for children and adolescents.

Sec.3105.Comprehensive community services for children with serious emotional

disturbance.

Sec.3106.Services for children of substance abusers.

Sec.3107.Services for youth offenders.

Sec.3108.Grants for strengthening families through community partnerships.

Sec.3109.Programs to reduce underage drinking.

Sec.3110.Services for individuals with fetal alcohol syndrome.

Sec.3111.Suicide prevention.

Sec.3112.General provisions.

TITLE XXXII—PROVISIONS RELATING TO MENTAL HEALTH

Sec.3201.Priority mental health needs of regional and national significance.

Sec.3202.Grants for the benefit of homeless individuals.

Sec.3203.Projects for assistance in transition from homelessness.

Sec.3204.Community mental health services performance partnership block grant.

Sec.3205.Determination of allotment.

Sec.3206.Protection and Advocacy for Mentally Ill Individuals Act of 1986.

Sec.3207.Requirement relating to the rights of residents of certain facilities.

Sec.3208.Requirement relating to the rights of residents of certain non-medical,

community-based facilities for children and youth.

Sec.3209.Emergency mental health centers.

Sec.3210.Grants for jail diversion programs.

Sec.3211.Improving outcomes for children and adolescents through services integration

between child welfare and mental health services.

Sec.3212.Grants for the integrated treatment of serious mental illness and

co-occurring substance abuse.

Sec.3213.Training grants.

TITLE XXXIII—PROVISIONS RELATING TO SUBSTANCE ABUSE

Sec.3301.Priority substance abuse treatment needs of regional and national

significance.

Sec.3302.Priority substance abuse prevention needs of regional and national

significance.

Sec.3303.Substance abuse prevention and treatment performance partnership block

grant.

Sec.3304.Determination of allotments.

Sec.3305.Nondiscrimination and institutional safeguards for religious providers.

Sec.3306.Alcohol and drug prevention or treatment services for Indians and

Native Alaskans.

Sec.3307.Establishment of commission.

TITLE XXXIV—PROVISIONS RELATING TO FLEXIBILITY AND

ACCOUNTABILITY

Sec.3401.General authorities and peer review.

Sec.3402.Advisory councils.

Sec.3403.General provisions for the performance partnership block grants.

Sec.3404.Data infrastructure projects.

Sec.3405.Repeal of obsolete addict referral provisions.

Sec.3406.Individuals with co-occurring disorders.

Sec.3407.Services for individuals with co-occurring disorders.

TITLE XXXV—WAIVER AUTHORITY FOR PHYSICIANS WHO DISPENSE OR

PRESCRIBE CERTAIN NARCOTIC DRUGS FOR MAINTENANCE

TREATMENT OR DETOXIFICATION TREATMENT

Sec.3501.Short title.

Sec.3502.Amendment to Controlled Substances Act.

TITLE XXXVI—METHAMPHETAMINE AND OTHER CONTROLLED

SUBSTANCES

Sec.3601.Short title.

Subtitle A—Methamphetamine Production, Trafficking, and Abuse

PART I—CRIMINAL PENALTIES

Sec.3611.Enhanced punishment of amphetamine laboratory operators.

Sec.3612.Enhanced punishment of amphetamine or methamphetamine laboratory

operators.

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114 STAT. 1105 PUBLIC LAW 106–310—OCT. 17, 2000

Sec.3613.Mandatory restitution for violations of Controlled Substances Act and Controlled

Substances Import and Export Act relating to amphetamine and

methamphetamine.

Sec.3614.Methamphetamine paraphernalia.

PART II—ENHANCED LAW ENFORCEMENT

Sec.3621.Environmental hazards associated with illegal manufacture of

amphetamine and methamphetamine.

Sec.3622.Reduction in retail sales transaction threshold for non-safe harbor

products containing pseudoephedrine or phenylpropanolamine.

Sec.3623.Training for Drug Enforcement Administration and State and local law

enforcement personnel relating to clandestine laboratories.

Sec.3624.Combating methamphetamine and amphetamine in high intensity drug

trafficking areas.

Sec.3625.Combating amphetamine and methamphetamine manufacturing and trafficking.

PART III—ABUSE PREVENTION AND TREATMENT

Sec.3631.Expansion of methamphetamine research.

Sec.3632.Methamphetamine and amphetamine treatment initiative by Center for

Substance Abuse Treatment.

Sec.3633.Study of methamphetamine treatment.

PART IV—REPORTS

Sec.3641.Reports on consumption of methamphetamine and other illicit drugs in

rural areas, metropolitan areas, and consolidated metropolitan areas.

Sec.3642.Report on diversion of ordinary, over-the-counter pseudoephedrine and

phenylpropanolamine products.

Subtitle B—Controlled Substances Generally

Sec.3651.Enhanced punishment for trafficking in list I chemicals.

Sec.3652.Mail order requirements.

Sec.3653.Theft and transportation of anhydrous ammonia for purposes of illicit production

of controlled substances.

Subtitle C—Ecstasy Anti-Proliferation Act of 2000

Sec.3661.Short title.

Sec.3662.Findings.

Sec.3663.Enhanced punishment of Ecstasy traffickers.

Sec.3664.Emergency authority to United States Sentencing Commission.

Sec.3665.Expansion of Ecstasy and club drugs abuse prevention efforts.

Subtitle D—Miscellaneous

Sec.3671.Antidrug messages on Federal Government Internet websites.

Sec.3672.Reimbursement by Drug Enforcement Administration of expenses

incurred to remediate methamphetamine laboratories.

Sec.3673.Severability.

DIVISION A—CHILDREN’S HEALTH

TITLE I—AUTISM

SEC. 101. EXPANSION, INTENSIFICATION, AND COORDINATION OF

ACTIVITIES OF NATIONAL INSTITUTES OF HEALTH WITH

RESPECT TO RESEARCH ON AUTISM.

Part B of title IV of the Public Health Service Act (42 U.S.C.

284 et seq.) is amended by adding at the end the following section:

‘‘EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF

NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON

AUTISM

‘‘SEC. 409C. (a) IN GENERAL.—

‘‘(1) EXPANSION OF ACTIVITIES.—The Director of NIH (in

this section referred to as the ‘Director’) shall expand, intensify,

42 USC 284g.

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114 STAT. 1106 PUBLIC LAW 106–310—OCT. 17, 2000

and coordinate the activities of the National Institutes of Health

with respect to research on autism.

‘‘(2) ADMINISTRATION OF PROGRAM; COLLABORATION AMONG

AGENCIES.—The Director shall carry out this section acting

through the Director of the National Institute of Mental Health

and in collaboration with any other agencies that the Director

determines appropriate.

‘‘(b) CENTERS OF EXCELLENCE.—

‘‘(1) IN GENERAL.—The Director shall under subsection

(a)(1) make awards of grants and contracts to public or nonprofit

private entities to pay all or part of the cost of planning,

establishing, improving, and providing basic operating support

for centers of excellence regarding research on autism.

‘‘(2) RESEARCH.—Each center under paragraph (1) shall

conduct basic and clinical research into autism. Such research

should include investigations into the cause, diagnosis, early

detection, prevention, control, and treatment of autism. The

centers, as a group, shall conduct research including the fields

of developmental neurobiology, genetics, and

psychopharmacology.

‘‘(3) SERVICES FOR PATIENTS.—

‘‘(A) IN GENERAL.—A center under paragraph (1) may

expend amounts provided under such paragraph to carry

out a program to make individuals aware of opportunities

to participate as subjects in research conducted by the

centers.

‘‘(B) REFERRALS AND COSTS.—A program under

subparagraph (A) may, in accordance with such criteria

as the Director may establish, provide to the subjects

described in such subparagraph, referrals for health and

other services, and such patient care costs as are required

for research.

‘‘(C) AVAILABILITY AND ACCESS.—The extent to which

a center can demonstrate availability and access to clinical

services shall be considered by the Director in decisions

about awarding grants to applicants which meet the scientific

criteria for funding under this section.

‘‘(4) COORDINATION OF CENTERS; REPORTS.—The Director

shall, as appropriate, provide for the coordination of information

among centers under paragraph (1) and ensure regular communication

between such centers, and may require the periodic

preparation of reports on the activities of the centers and

the submission of the reports to the Director.

‘‘(5) ORGANIZATION OF CENTERS.—Each center under paragraph

(1) shall use the facilities of a single institution, or

be formed from a consortium of cooperating institutions,

meeting such requirements as may be prescribed by the

Director.

‘‘(6) NUMBER OF CENTERS; DURATION OF SUPPORT.—

‘‘(A) IN GENERAL.—The Director shall provide for the

establishment of not less than five centers under paragraph

(1).

‘‘(B) DURATION.—Support for a center established

under paragraph (1) may be provided under this section

for a period of not to exceed 5 years. Such period may

be extended for one or more additional periods not

exceeding 5 years if the operations of such center have

Grants.

Contracts.

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114 STAT. 1107 PUBLIC LAW 106–310—OCT. 17, 2000

been reviewed by an appropriate technical and scientific

peer review group established by the Director and if such

group has recommended to the Director that such period

should be extended.

‘‘(c) FACILITATION OF RESEARCH.—The Director shall under subsection

(a)(1) provide for a program under which samples of tissues

and genetic materials that are of use in research on autism are

donated, collected, preserved, and made available for such research.

The program shall be carried out in accordance with accepted

scientific and medical standards for the donation, collection, and

preservation of such samples.

‘‘(d) PUBLIC INPUT.—The Director shall under subsection (a)(1)

provide for means through which the public can obtain information

on the existing and planned programs and activities of the National

Institutes of Health with respect to autism and through which

the Director can receive comments from the public regarding such

programs and activities.

‘‘(e) FUNDING.—There are authorized to be appropriated such

sums as may be necessary to carry out this section. Amounts

appropriated under this subsection are in addition to any other

amounts appropriated for such purpose.’’.

SEC. 102. DEVELOPMENTAL DISABILITIES SURVEILLANCE AND

RESEARCH PROGRAMS.

(a) NATIONAL AUTISM AND PERVASIVE DEVELOPMENTAL DISABILITIES

SURVEILLANCE PROGRAM.—

(1) IN GENERAL.—The Secretary of Health and Human

Services (in this section referred to as the ‘‘Secretary’’), acting

through the Director of the Centers for Disease Control and

Prevention, may make awards of grants and cooperative agreements

for the collection, analysis, and reporting of data on

autism and pervasive developmental disabilities. In making

such awards, the Secretary may provide direct technical assistance

in lieu of cash.

(2) ELIGIBILITY.—To be eligible to receive an award under

paragraph (1) an entity shall be a public or nonprofit private

entity (including health departments of States and political

subdivisions of States, and including universities and other

educational entities).

(b) CENTERS OF EXCELLENCE IN AUTISM AND PERVASIVE

DEVELOPMENTAL DISABILITIES EPIDEMIOLOGY.—

(1) IN GENERAL.—The Secretary, acting through the

Director of the Centers for Disease Control and Prevention,

shall establish not less than three regional centers of excellence

in autism and pervasive developmental disabilities epidemiology

for the purpose of collecting and analyzing information

on the number, incidence, correlates, and causes of autism

and related developmental disabilities.

(2) RECIPIENTS OF AWARDS FOR ESTABLISHMENT OF CENTERS.

—Centers under paragraph (1) shall be established and

operated through the awarding of grants or cooperative agreements

to public or nonprofit private entities that conduct

research, including health departments of States and political

subdivisions of States, and including universities and other

educational entities.

(3) CERTAIN REQUIREMENTS.—An award for a center under

paragraph (1) may be made only if the entity involved submits

42 USC 247b–4b.

Appropriation

authorization.

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114 STAT. 1108 PUBLIC LAW 106–310—OCT. 17, 2000

to the Secretary an application containing such agreements

and information as the Secretary may require, including an

agreement that the center involved will operate in accordance

with the following:

(A) The center will collect, analyze, and report autism

and pervasive developmental disabilities data according

to guidelines prescribed by the Director, after consultation

with relevant State and local public health officials, private

sector developmental disability researchers, and advocates

for those with developmental disabilities.

(B) The center will assist with the development and

coordination of State autism and pervasive developmental

disabilities surveillance efforts within a region.

(C) The center will identify eligible cases and controls

through its surveillance systems and conduct research into

factors which may cause autism and related developmental

disabilities.

(D) The center will develop or extend an area of special

research expertise (including genetics, environmental exposure

to contaminants, immunology, and other relevant

research specialty areas).

(c) CLEARINGHOUSE.—The Secretary, acting through the

Director of the Centers for Disease Control and Prevention, shall

carry out the following:

(1) The Secretary shall establish a clearinghouse within

the Centers for Disease Control and Prevention for the collection

and storage of data generated from the monitoring programs

established by this title. Through the clearinghouse,

such Centers shall serve as the coordinating agency for autism

and pervasive developmental disabilities surveillance activities.

The functions of such a clearinghouse shall include facilitating

the coordination of research and policy development relating

to the epidemiology of autism and other pervasive developmental

disabilities.

(2) The Secretary shall coordinate the Federal response

to requests for assistance from State health department officials

regarding potential or alleged autism or developmental disability

clusters.

(d) DEFINITION.—In this title, the term ‘‘State’’ means each

of the several States, the District of Columbia, the Commonwealth

of Puerto Rico, American Samoa, Guam, the Commonwealth of

the Northern Mariana Islands, the Virgin Islands, and the Trust

Territory of the Pacific Islands.

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

this section.

SEC. 103. INFORMATION AND EDUCATION.

(a) IN GENERAL.—The Secretary shall establish and implement

a program to provide information and education on autism to health

professionals and the general public, including information and

education on advances in the diagnosis and treatment of autism

and training and continuing education through programs for scientists,

physicians, and other health professionals who provide care

for patients with autism.

42 USC 247b–4c.

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114 STAT. 1109 PUBLIC LAW 106–310—OCT. 17, 2000

(b) STIPENDS.—The Secretary may use amounts made available

under this section to provide stipends for health professionals who

are enrolled in training programs under this section.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to carry out

this section.

SEC. 104. INTER-AGENCY AUTISM COORDINATING COMMITTEE.

(a) ESTABLISHMENT.—The Secretary shall establish a committee

to be known as the ‘‘Autism Coordinating Committee’’ (in this

section referred to as the ‘‘Committee’’) to coordinate all efforts

within the Department of Health and Human Services concerning

autism, including activities carried out through the National

Institutes of Health and the Centers for Disease Control and

Prevention under this title (and the amendment made by this

title).

(b) MEMBERSHIP.—

(1) IN GENERAL.—The Committee shall be composed of the

Directors of such national research institutes, of the Centers

for Disease Control and Prevention, and of such other agencies

and such other officials as the Secretary determines appropriate.

(2) ADDITIONAL MEMBERS.—If determined appropriate by

the Secretary, the Secretary may appoint to the Committee—

(A) parents or legal guardians of individuals with

autism or other pervasive developmental disorders; and

(B) representatives of other governmental agencies that

serve children with autism such as the Department of

Education.

(c) ADMINISTRATIVE SUPPORT; TERMS OF SERVICE; OTHER PROVISIONS.

—The following shall apply with respect to the Committee:

(1) The Committee shall receive necessary and appropriate

administrative support from the Department of Health and

Human Services.

(2) Members of the Committee appointed under subsection

(b)(2)(A) shall serve for a term of 3 years, and may serve

for an unlimited number of terms if reappointed.

(3) The Committee shall meet not less than two times

each year.

SEC. 105. REPORT TO CONGRESS.

Not later than January 1, 2001, and each January 1 thereafter,

the Secretary shall prepare and submit to the appropriate committees

of Congress, a report concerning the implementation of this

title and the amendments made by this title.

Deadline.

42 USC 247b–4e.

42 USC 247b–4d.