[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 160 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 160

  To provide assistance to States to expand and establish drug abuse 
   treatment programs to enable such programs to provide services to 
       individuals who voluntarily seek treatment for drug abuse.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 23, 2001

  Mrs. Boxer introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To provide assistance to States to expand and establish drug abuse 
   treatment programs to enable such programs to provide services to 
       individuals who voluntarily seek treatment for drug abuse.

    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 ``Drug Abuse Treatment on Demand 
Assistance Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) According to the Department of Health and Human 
        Services, each year drug and alcohol related abuse kills more 
        than 120,000 Americans.
            (2) In 1999, an estimated 14,800,000 Americans were current 
        illicit drug users.
            (3) States across the country are faced with increasing 
        demands for drug treatment programs.
            (4) In addition, methamphetamine abuse continues to be on 
        the rise. Methamphetamine abuse accounts for 5.1 percent of all 
        treatment admissions, which was the fourth highest percentage 
        after cocaine, heroin, and marijuana.
            (5) Current statistics show that methamphetamine use is 
        increasing rapidly especially among the nation's youth.
            (6) There are 2,700,000 substance abusers in America in 
        need of treatment.
            (7) This number exceeds the 2,137,100 persons receiving 
        treatment.
            (8) Recent reports indicate that every additional dollar 
        invested in substance abuse treatment saves taxpayers $7.46 in 
        societal costs.
            (9) In California, the average cost to taxpayers per 
        inmate, per year, is $23,406 versus $4,300 for a full treatment 
        program.
            (10) Drugs and alcohol cost taxpayers nearly 
        $276,000,000,000 annually in preventable health care costs, 
        extra law enforcement, auto crashes, crime and lost 
        productivity versus $3,100,000,000 appropriated for substance 
        abuse-related activities in fiscal year 2000.
            (11) Nationwide, 59 percent of police chiefs believe that 
        drug offenders should be treated rather than incarcerated.
            (12) Current treatment on demand programs such as those in 
        San Francisco and Baltimore focus on the specific drug abuse 
        needs of the local community and should be encouraged.
            (13) Many States have developed programs designed to treat 
        non-violent drug offenders and this should be encouraged.
            (14) Drug treatment prevention programs must be increased 
        in order to effectively address the needs of those actively 
        seeking treatment before they commit a crime.

SEC. 3. PURPOSE.

    It is the purpose of this Act to--
            (1) assist individuals who voluntarily seek the services of 
        drug abuse treatment programs by providing them with treatment 
        on demand;
            (2) provide assistance to help eliminate the backlog of 
        individuals on waiting lists to obtain drug treatment for their 
        addictions;
            (3) enhance public safety by reducing drug-related crimes 
        and preserving jails and prison cells for serious and violent 
        criminal offenders; and
            (4) assist States in the implementation of alternative drug 
        treatment programs that divert non-violent drug offenders to 
        treatment programs that are more suited for the rehabilitation 
        of drug offenders.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Drug treatment program.--
                    (A) In general.--The terms ``drug treatment 
                program'' and ``alternative treatment program'' mean a 
                licensed or certified community drug treatment program 
                that may include--
                            (i) outpatient treatment;
                            (ii) half-way house treatment;
                            (iii) narcotic replacement therapy; or
                            (iv) drug education or prevention courses 
                        or limited inpatient or residential drug 
                        treatment as needed to address special 
                        detoxification or relapse situation or severe 
                        dependence.
                    (B) Limitation.--Such terms shall not include drug 
                treatment programs offered in a prison or jail 
                facility.
            (2) Non-violent.--The term ``non-violent'' with respect to 
        a criminal offense means an offense that is not a crime of 
        violence as defined under the applicable State law.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (4) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia and the Commonwealth of Puerto Rico.

SEC. 5. GRANTS FOR THE EXPANSION OF CAPACITY FOR PROVIDING TREATMENT.

    Section 501 of the Public Health Service Act (42 U.S.C. 290aa), as 
amended by section 3102 of the Youth Drug and Mental Health Services 
Act (Public Law 106-310), is amended--
            (1) in subsection (d)--
                    (A) in paragraph (17), by striking ``and'' at the 
                end;
                    (B) in paragraph (18), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(19) make grants for the purpose of increasing the 
        maximum number of individuals to whom public and nonprofit 
        private entities are capable of providing effective treatment 
        for substance abuse, with the goal of ensuring that substance 
        abuse treatment is available for all substance abusers who seek 
        it.''; and
            (2) in subsection (o)--
                    (A) by striking ``For the'' and inserting the 
                following:
            ``(1) In general.--For the'';
                    (B) by inserting ``except for grants under 
                subsection (d)(19),''; and
                    (C) by adding at the end the following:
            ``(2) Treatment Capacity.--For the purpose of making grants 
        under subsection (d)(19), there are authorized to be 
        appropriated--
                    ``(A) $600,000,000 for fiscal year 2002;
                    ``(B) $1,200,000,000 for fiscal year 2003;
                    ``(C) $1,800,000,000 for fiscal year 2004;
                    ``(D) $2,400,000,000 for fiscal year 2005; and
                    ``(E) $3,000,000,000 for fiscal year 2006.''.

SEC. 6. ALTERNATIVE TREATMENT PROGRAMS.

    (a) Grants.--The Attorney General, in consultation with the 
Secretary, shall award grants to eligible States to enable such States, 
either directly or through the provision of assistance to counties or 
local municipalities, to provide drug treatment services to individuals 
who have been convicted of non-violent drug possession offenses and 
diverted from incarceration because of the enrollment of such 
individuals into community-based drug treatment programs.
    (b) Eligibility.--To be eligible to receive a grant under this 
section a State shall--
            (1) be implementing an alternative drug treatment program 
        under which any individual in the State who has been convicted 
        of a non-violent drug possession offense may be enrolled in an 
        appropriate drug treatment program as an alternative to 
        incarceration; and
            (2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
    (c) Use of Funds.--Amounts provided to a State under a grant under 
this section may be used by the State (or by State or local entities 
that receive funding from the State under this section) to pay expenses 
associated with--
            (1) the construction of treatment facilities;
            (2) payments to related drug treatment services providers 
        that are necessary for the effectiveness of the program, 
        including aftercare supervision, vocational training, 
        education, and job placement;
            (3) drug testing;
            (4) probation services; and
            (5) counseling, including mental health services.
    (d) Matching Requirement.--Funds may not be provided to a State 
under this section unless the State agrees that, with respect to the 
costs to be incurred by the State in carrying out the drug treatment 
program involved, the State will make available (directly or through 
donations from public or private entities) non-Federal contributions 
toward such costs in an amount that is at least equal to the amount of 
Federal funds provided to the State under this section.
    (e) Authorization of Appropriations.--There is authorized to carry 
out this section, $125,000,000 for each of fiscal years 2002 through 
2006.
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