Text: H.R.5678 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (07/01/2010)


111th CONGRESS
2d Session
H. R. 5678


To amend the Public Health Service Act to provide grants for treatment of methamphetamine abuse, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

July 1, 2010

Mr. Carnahan (for himself, Ms. Berkley, Mr. Boren, Mr. Davis of Tennessee, Mr. Foster, Ms. Hirono, Mr. Michaud, Mr. Moore of Kansas, Mr. Radanovich, and Mr. Rothman of New Jersey) introduced the following bill; which was referred to the Committee on Energy and Commerce


A BILL

To amend the Public Health Service Act to provide grants for treatment of methamphetamine abuse, 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 “Universal Access to Methamphetamine Treatment Act of 2010”.

SEC. 2. Purpose.

It is the purpose of this Act to—

(1) reduce crime and improve public safety by making treatment for methamphetamine abuse available to every American who needs it;

(2) keep families together by encouraging alternatives to incarceration for nonviolent drug law offenses; and

(3) expand research on the root causes of methamphetamine abuse and the most effective ways to treat it.

SEC. 3. Methamphetamine treatment and wrap-around programs.

Subpart 1 of part B of title V of the Public Health Service Act is amended—

(1) redesignating the second section 514 (relating to methamphetamine and amphetamine treatment) as section 514B; and

(2) adding at the end the following new sections:

“SEC. 514C. Initiative to increase methamphetamine treatment capacity.

“(a) In general.—The Secretary may make grants to State, local, and tribal governments for the purpose of increasing the availability of treatment for methamphetamine abuse.

“(b) Requirements.—

“(1) IN GENERAL.—To seek a grant under subsection (a), a State, local, or tribal government shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.

“(2) USE OF GRANT FUNDS.—The grants made under subsection (a) may only be used to—

“(A) build treatment centers;

“(B) expand existing treatment centers;

“(C) hire treatment professionals;

“(D) provide training and education to substance abuse professionals, medical professionals, and educators related to the treatment of methamphetamine abuse; and

“(E) engage in other activities that the Secretary has determined are relevant to the purpose of the grants under subsection (a).

“(c) Authorization of appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2011 through 2015.

“SEC. 514D. Methamphetamine treatment vouchers for underserved populations.

“(a) In general.—The Secretary may make grants to State, local, and tribal governments and nonprofit entities to provide vouchers to individuals in underserved populations for authorized services related to the treatment of such individuals for methamphetamine abuse.

“(b) Requirements.—

“(1) APPLICATION.—To seek a grant under subsection (a), a State, local, or tribal government or a nonprofit entity shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including a description of the method that such State, government, or entity will use—

“(A) to identify individuals who would benefit from treatment for methamphetamine abuse;

“(B) to identify if such individuals are in underserved populations; and

“(C) to provide vouchers to such individuals in such populations.

“(2) PRESERVATION OF CHOICE.—A recipient of a grant under this section may not restrict the ability of an individual receiving a voucher under this section to use the voucher to pay for authorized services furnished by any provider of authorized services, so long as the provider of such services meets all applicable State licensure or certification requirements regarding the provision of such services.

“(3) DURATION OF AWARD.—With respect to a grant under this section, the period during which payments under such grant are made to the grant recipient may not exceed five years.

“(4) MATCHING FUNDS.—The Secretary may require that State, local, and tribal governments and nonprofit entities that apply for grants under this section provide non-Federal matching funds, as determined appropriate by the Secretary, to ensure the commitment of the government or entity to the provision of vouchers for treatment to individuals who use methamphetamine. Such non-Federal matching funds may be provided directly or through donations from public or private entities and may be in cash or in kind, fairly evaluated, including plant, equipment, or services.

“(5) MAINTENANCE OF EFFORT.—The Secretary may require that grant recipients under this section agree to maintain expenditures of non-Federal amounts for authorized services related to the treatment of methamphetamine abuse at a level that is not less than the level of such expenditures maintained by the recipient for the fiscal year preceding the fiscal year for which the entity receives such a grant.

“(c) Report.—

“(1) IN GENERAL.—Not later than December 1, 2010, and annually thereafter, the Secretary shall submit a report to the Congress on the grants under subsection (a).

“(2) CONTENTS OF REPORT.—The report under paragraph (1) shall contain an evaluation of the effectiveness of the grants made under subsection (a) in improving access to methamphetamine treatment for underserved populations.

“(d) Definitions.—For purposes of this section, the following definitions apply:

“(1) AUTHORIZED SERVICES.—The term ‘authorized services’ means—

“(A) treatment for methamphetamine abuse, including individual, group, and family counseling regarding such abuse;

“(B) follow-up services to prevent an individual from relapsing into such abuse;

“(C) wrap-around services, as such term is defined in section 514E(e)(4); and

“(D) any additional services specified by the Secretary.

“(2) UNDERSERVED POPULATION.—The term ‘underserved population’ means a population of individuals who cannot to access appropriate substance abuse treatment (including comprehensive substance abuse treatment) due to financial, geographical, language, socio-economic, or cultural barriers.

“(e) Authorization of appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2011 through 2015.

“SEC. 514E. Comprehensive wrap-around methamphetamine treatment services.

“(a) In general.—The Secretary may make grants to public, private, and nonprofit entities, Indian tribes, and tribal organizations to establish programs to provide for and coordinate the provision of wrap-around services to methamphetamine-affected individuals.

“(b) Minimum qualifications for receipt of award.—To seek a grant under subsection (a), public, private, or nonprofit entity, Indian tribe, or tribal organizations shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including assurances to the satisfaction of the Secretary that—

“(1) the applicant has the capacity to carry out a program described in subsection (a);

“(2) the applicant has entered into agreements with entities in the community involved, through which the applicant will provide services defined in subsection (e)(4); and

“(3) the applicant, or any entity through which the applicant will provide such services, meets all applicable State licensure or certification requirements regarding the provision of such services.

“(c) Priority for grant distribution.—In making grants under this section, the Secretary shall give priority to applications for programs that serve communities with a high or increasing rate of methamphetamine abuse or addiction, as specified by the Secretary.

“(d) Reports.—For each year that a public, private, or nonprofit entity, Indian tribe, or tribal organization receives a grant under subsection (a) for a program, such entity, tribe, or organization shall submit to the Secretary a report on the results and effectiveness of the program.

“(e) Definitions.—For purposes of this section:

“(1) INTENSIVE OUTPATIENT TREATMENT FACILITY.—The term ‘intensive outpatient treatment facility’ means a facility that provides treatment for substance abuse and that, with respect to an individual receiving such treatment—

“(A) provides a minimum of nine hours of treatment for substance abuse during a week;

“(B) provides regularly scheduled treatment sessions within a structured program; and

“(C) the treatment sessions are led by health professionals or clinicians.

“(2) METHAMPHETAMINE-AFFECTED INDIVIDUAL.—The term ‘methamphetamine-affected individual’ means an individual who—

“(A)(i) resided in a residential inpatient treatment facility for the treatment of methamphetamine abuse or addiction; or

“(ii) received treatment for methamphetamine abuse or addiction from an intensive outpatient treatment facility; and

“(B) after successful completion of such treatment reenters the community.

“(3) RESIDENTIAL INPATIENT TREATMENT FACILITY.—The term ‘residential inpatient treatment facility’ means a facility that provides treatment for substance abuse and in which health professionals and clinicians provide a planned regimen of 24-hour professionally directed evaluation, care, and treatment for such substance abuse in an inpatient setting, including 24-hour observation and monitoring.

“(4) WRAP-AROUND SERVICES.—The term ‘wrap-around services’ means, with respect to a methamphetamine-affected individual, the following services:

“(A) Medical services.

“(B) Dental services.

“(C) Mental health services.

“(D) Child care services.

“(E) Job training services.

“(F) Housing assistance.

“(G) Training in parenting.

“(H) Prevention services for family members, with respect to methamphetamine abuse or addiction.

“(I) Transportation assistance services for purposes of participation in the services listed in subparagraphs (A) through (H).

“(f) Authorization of appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2011 through 2015.”.

SEC. 4. Extension and expansion of residential treatment program for pregnant and postpartum women to include care giver parents.

Section 508 of the Public Health Service Act (42 U.S.C. 290bb–1) is amended—

(1) in the heading, by striking “pregnant and postpartum women” and inserting “care giver parents, including pregnant women”;

(2) in subsection (a)—

(A) in the matter preceding paragraph (1)—

(i) by inserting “, Indian tribes, and tribal organizations” after “private entities”; and

(ii) by striking “pregnant and postpartum women treatment for substance abuse” and inserting “care giver parents, including pregnant women, treatment for substance abuse (including treatment for addiction to methamphetamine)”;

(B) in each of paragraphs (1), (2), and (3), by striking “the women” and inserting “such parents” each place it appears; and

(C) in paragraph (3), by inserting “supplemental” before “services”;

(3) in subsection (b)—

(A) in paragraph (1), by inserting “, Indian tribes, or tribal organizations” after “nonprofit private entities”; and

(B) in paragraph (2)—

(i) by striking “the services” and inserting “such services”; and

(ii) by striking “ woman” and inserting “care giver parent”;

(4) in subsection (c)—

(A) in paragraph (1) by striking “eligible woman” and inserting “eligible care giver parent”; and

(B) by striking “the women” each place it appears and inserting “such parent”;

(5) in subsection (d)—

(A) in the matter proceeding paragraph (1), by striking “woman” and inserting “care giver parent”;

(B) in paragraphs (3) and (4), by striking “the woman” and inserting “such parent” each place it appears;

(C) in paragraph (9)—

(i) by striking “the women” and inserting “such parent” each place it appears;

(ii) by striking “units” and inserting “unit”; and

(iii) by striking “of parents” and inserting “of the parents of such parent”;

(D) in paragraph (10), by inserting “, Indian tribes, or tribal organizations” after “entities”; and

(E) in paragraph (11)—

(i) by striking “the women” and inserting “such parent”; and

(ii) by striking “their children” and inserting “the children of such parent”;

(6) in subsection (f)(1), in the matter proceeding subparagraph (A) by inserting “, Indian tribes, or tribal organizations” after “public or private entities”;

(7) in subsection (g)—

(A) by striking “identify women” and inserting “identify care giver parents”; and

(B) by striking “the women” and inserting “such parents”;

(8) in subsection (h)(1) by striking “pregnant and postpartum women” and inserting “care giver parents”;

(9) in subsection (j)—

(A) in the matter proceeding paragraph (1)—

(i) by striking “to on behalf” and inserting “to or on behalf”; and

(ii) by striking “woman” and inserting “care giver parent”;

(B) in paragraph (2), by striking “the woman” and inserting “such parent”; and

(C) in paragraph (3), by striking “woman” and inserting “parent”;

(10) in subsection (k)(2) by striking “women” and inserting “care giver parents”—

(11) in subsection (l), by striking “such agreements” and inserting “the funding agreements under this section”;

(12) by amending subsection (m) to read as follows:

“(m) Use of funds; Priority for certain areas served.—

“(1) USE OF FUNDS.—A funding agreement for an award under subsection (a) for an applicant is that funds awarded under subsection (a) to such applicant shall be used for programs according to the following order of priority:

“(A) For a program that provides services to care giver parents who are pregnant and postpartum women.

“(B) For a program that provides services to care giver parents who are single parents and the sole care givers with respect to their children.

“(C) For a program that provides services to any care giver parents.

“(2) PRIORITY FOR CERTAIN AREAS SERVED.—In making awards under subsection (a), the Director shall give priority to any entity, tribe, or organization that agrees to use the award for a program serving an area that—

“(A) is a rural area;

“(B) is an area determined by the Director to have a shortage of family-based substance abuse treatment options; or

“(C) is determined by the Director to have high rates of addiction to methamphetamine.”;

(13) in subsection (p)—

(A) by striking “October 1, 1994” and inserting “October 1, 2010”; and

(B) by striking the third sentence;

(14) in subsection (q)—

(A) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively;

(B) by inserting after paragraph (1) the following new paragraph:

“(2) The term ‘care giver parent’ means, with respect to a child, a parent or legal guardian with whom the child resides, and includes a pregnant woman.”; and

(C) by amending paragraph (3), as redesignated by subparagraph (A) of this paragraph, to read as follows:

“(3) The term ‘eligible care giver parent’ means a care giver parent who has been admitted to a program operated pursuant to subsection (a).”; and

(15) in subsection (r), by striking “to fiscal years 2001 through 2003” and inserting “for fiscal years 2011 through 2015”.

SEC. 5. Effectiveness of methamphetamine treatment methods.

(a) Research.—The Director of the National Institute on Drug Abuse shall conduct research, directly or through contract with another entity, on the effectiveness of the use of agonist and antagonist drugs to reduce the problems associated with stimulant abuse, including methamphetamine abuse.

(b) Authorization of appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2011 through 2015.

SEC. 6. IOM Study on drug treatments for stimulant abuse.

(a) Report.—The Secretary of Health and Human Services shall seek to enter into a contract with the Institute of Medicine of the National Academies to complete a literature review and submit a report to Congress on the effectiveness of agonist and antagonist drugs for the treatment of stimulant abuse, including methamphetamine abuse.

(b) Authorization of appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2011 through 2015.

SEC. 7. GAO Evaluation of the impact of this legislation.

(a) Study on the level of funding for methamphetamine treatment.—The Comptroller General of the United States shall conduct a study on—

(1) the impact of the programs authorized by this Act (including the amendments made by this Act) on the effectiveness and availability of treatment for methamphetamine abuse;

(2) whether the level of Federal funding available for the treatment of methamphetamine abuse meets, exceeds, or is less than the amount necessary to provide adequate treatment for methamphetamine abuse; and

(3) the impact of effective treatment of methamphetamine abuse on cost savings due to the reduced need for criminal justice and other services.

(b) Reports.—

(1) INTERIM REPORT.—Not later than the last day of the two-year period beginning on the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the interim findings of the study under subsection (a).

(2) FINAL REPORT.—Not later than 3 years after the date of that the report under paragraph (1) is submitted to Congress, the Comptroller General shall submit to Congress a report on the findings of the study under subsection (a).