[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 423 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 423

To prohibit certain Federal payments for certain methadone maintenance 
                   programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 1999

  Mr. McCain introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To prohibit certain Federal payments for certain methadone maintenance 
                   programs, 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 ``Addiction Free Treatment Act of 
1999''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Heroin use in the United States continues to increase.
            (2) Drug use among teenagers in the United States is 
        increasing and the number of teenagers that are using heroin 
        for the first time is higher than at any previous time in 
        history.
            (3) Between 1992 and 1996 heroin use among college-age 
        students increased an estimated 10 percent.
            (4) There are an estimated 810,000 chronic heroin users in 
        the United States, with an estimated 115,000 heroin addicts in 
        the United States currently participating in methadone 
        programs.
            (5) Methadone is a synthetic opiate and the use of 
        methadone in the treatment of heroin addiction results in the 
        transfer of addiction from 1 narcotic to another.
            (6) Methadone addicts attempting detoxification experience 
        the same difficult withdrawal process as would be experienced 
        with heroin detoxification.
            (7) The Federal Government should adopt a zero-tolerance, 
        non-pharmacological policy that has as its defined objective 
        independence from drug addiction.
            (8) The approach of the Federal Government should be to 
        address a range of human needs and conditions that contribute 
        to recidivism among recovering heroin addicts and that should 
        be designed to provide opportunities for former heroin addicts 
        to become drug-free, self-sufficient, productive members of 
        society.

SEC. 3. PROHIBITION ON THE USE OF MEDICAID FUNDS FOR CERTAIN METHADONE 
              MAINTENANCE PROGRAMS.

    Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is 
amended--
            (1) in paragraph (18), by striking the period and inserting 
        ``; or''; and
            (2) by adding at the end the following:
            ``(19) with respect to any amount expended for any drug 
        treatment or rehabilitation program that utilizes methadone or 
        Levo-Alpha Acetyl-Methadol unless the program--
                    ``(A) has as its primary objective the elimination 
                of drug addiction, including addiction to methadone or 
                Levo-Alpha Acetyl-Methadol;
                    ``(B) has a specifically defined timetable (not to 
                exceed 6 months from the date of an individual's 
                enrollment as a patient in the program) for achieving 
                complete termination of methadone or Levo-Alpha Acetyl-
                Methadol treatment; davis
                    ``(C) conducts random and frequent comprehensive 
                drug testing for all narcotics;
                    ``(D) provides documentation of the results of such 
                testing;
                    ``(E) requires that patients who are participating 
                in the program be drug-free for the duration of their 
                methadone or Levo-Alpha Acetyl-Methadol treatment; and
                    ``(F) terminates the methadone or Levo-Alpha 
                Acetyl-Methadol treatment of any patient who tests 
                positive for any other illegal narcotic during the 
                duration of their methadone or Levo-Alpha Acetyl-
                Methadol treatment.''.

SEC. 4. PROHIBITION ON THE USE OF CERTAIN PUBLIC HEALTH SERVICE ACT 
              FUNDS FOR CERTAIN METHADONE MAINTENANCE PROGRAMS.

    Section 501 of the Public Health Service Act (42 U.S.C. 290aa) is 
amended by adding at the end the following:
    ``(n) Limitation.--Notwithstanding any other provision of law, 
amounts appropriated under this title or title XIX and administered by 
the Substance Abuse and Mental Health Services Administration may not 
be expended for any drug treatment or rehabilitation program that 
utilizes methadone or Levo-Alpha Acetyl-Methadol unless the program--
            ``(1) has as its primary objective the elimination of drug 
        addiction, including addiction to methadone or Levo-Alpha 
        Acetyl-Methadol;
            ``(2) has a specifically defined timetable (not to exceed 6 
        months from the date of an individual's enrollment as a patient 
        in the program) for achieving complete termination of methadone 
        or Levo-Alpha Acetyl-Methadol treatment;
            ``(3) conducts random and frequent comprehensive drug 
        testing for all narcotics;
            ``(4) provides documentation of the results of such 
        testing;
            ``(5) requires that patients who are participating in the 
        program be drug-free for the duration of their methadone or 
        Levo-Alpha Acetyl-Methadol treatment; and
            ``(6) terminates the methadone or Levo-Alpha Acetyl-
        Methadol treatment of any patient who tests positive for any 
        other illegal narcotic during the duration of their methadone 
        or Levo-Alpha Acetyl-Methadol treatment.''.

SEC. 5. STUDY OF TREATMENT PROGRAMS.

    Not later than 3 years after the date of enactment of this Act, the 
Director of the National Institute of Drug Abuse shall have conducted 
and completed a study concerning--
            (1) the methods and effectiveness of nonpharmacological 
        heroin rehabilitation programs; and
            (2) the methods and effectiveness of methadone-to-
        abstinence programs.

SEC. 6. ANNUAL REPORT ON EFFECTIVENESS OF HEROIN REHABILITATION 
              PROGRAMS.

    (a) In General.--Not later than January 1, 2000, and each January 1 
thereafter, the Secretary of Health and Human Services acting through 
the Center for Substance Abuse Treatment shall prepare and submit to 
Congress a report concerning the effectiveness of heroin rehabilitation 
programs. Each such report shall focus on both nonpharmacological and 
methadone-to-abstinence based approaches to heroin rehabilitation.
    (b) Termination.--The requirement under subsection (a) shall 
terminate after the Secretary of Health and Human Services submits the 
5th annual report under such subsection.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act apply to amounts expended on and 
after the date that is 6 months after the date of enactment of this 
Act.
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