[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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