II 110th CONGRESS 1st Session S. 1367 IN THE SENATE OF THE UNITED STATES May 10, 2007 Mr. Harkin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Services Act to provide methamphetamine prevention and treatment services.
1.
Short title
This Act may be cited as the Treatment and Prevention of Methamphetamine Abuse Act.
2.
Findings
Congress makes the following findings: (1)Methamphetamine addiction is a public health crisis. Nearly 12,000,000 Americans have used methamphetamine, and the number of users increased 72 percent over the past decade. There is a high rate of use in rural areas, but the methamphetamine epidemic is spreading into new populations across the country. (2)Violent crime increased significantly in 2005 for the first time since 1991. Overall violent crime was up 2.5 percent and murders jumped 4.8 percent. The increase in crime was most evident in the methamphetamine-plagued Midwest with murders, robberies, rapes and aggravated assaults increasing by 5.7 percent just between 2004 and 2005. (3)Although 22,000,000 people are in need of treatment for substance addiction, only 3,000,000 are able to get help. (4)In 2003, women entering substance abuse treatment with methamphetamine as their drug of choice exceeded women who entered treatment focused on alcohol, heroin, cocaine, or marijuana. (5)Parental substance use is the culprit in at least 70 percent of all child welfare spending. (6)Children living in homes with parents addicted to methamphetamines have multiple intervention needs which require coordinated planning by healthcare, mental health, and social service professionals. (7)Youth are starting to use methamphetamine in greater numbers, and the age at which youth users start using is decreasing. About 17 percent of all methamphetamine users started between the ages of 17 and 18, 18 percent between 15–16, 11 percent between 13–14, and 6 percent started when they were 12 or under. (8)About 80 percent of those in prison have been identified as having a substance abuse problem and one-third of State prison inmates reported being under the influence at the time of their offense. (9)Substance use disorder treatment is effective. An Iowa study found that over 70 percent of those receiving treatment for methamphetamine addiction were abstinent 6 months after treatment. (10)Every dollar spent on substance abuse treatment saves taxpayers 7 dollars, primarily through savings related to crime and health care costs.
3.
Family-based treatment
(a)
In general
Section 508 of the Public Health Service Act (42 U.S.C. 290bb–1) is amended— (1)by redesignation subsection (r) as subsection (s); and (2)by inserting after subsection (q), the following: (r)
Family-based methamphetamine treatment
(1)
In general
The Secretary, acting through the Administrator and in consultation with the Director of the National Institute on Drug Abuse, shall award grants under this section to provide residential substance abuse treatment to pregnant and postpartum women, including— (A)parenting women substance abuse treatment (including treatment for addiction to methamphetamine); and (B)outpatient treatment services, that are accessible to pregnant and parenting women in health disparity populations. (2)
Single state agencies
Grants under this subsection shall be coordinated through single State agencies for substance abuse. (3)
Priority
In awarding grants under this subsection, the Secretary shall give priority to any applicants that agree to use grant funds for programs that serve— (A)an area that is a rural area, an area with a shortage of mental health and addiction treatment professionals, or an area with a shortage of family-based substance abuse treatment options; or (B)an area that has high rates of addiction to methamphetamine or other drugs. . (b)
Reauthorization of program
Section 508(s) of the Public Health Service Act, as redesignated under subsection (a), is amended by striking such sums and all that follows through 2003 and inserting $40,000,000 for each of fiscal years 2008 through 2010, $38,000,000 for fiscal year 2011, and $35,000,00 for fiscal year 2012. (c)
Alternatives to jail or detention
Part B of title V of the Public Health Service Act (42 U.S.C. 290bb-1 et seq.) is amended— (1)by redesignating the second section 514 (relating to methamphetamine) as section 514B and transferring such section so as to appear after section 514A; and (2)by adding at the end the following:
514C.
Alternatives to jail or detention for offenses relating to methamphetamine and other substance abuse
(a)
Family-focused alternatives
(1)
In general
The Secretary, acting through the Administrator and in consultation with the Attorney General and the Director of the National Institute on Drug Abuse, shall award grants, cooperative agreements, or contracts to eligible entities to assist local jails and detention facilities in providing comprehensive, family-based substance abuse treatment services as alternatives to incarceration to pregnant women and parenting adults who have committed nonviolent offenses. (2)
Application
To be eligible to receive an award under this subsection, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3)
Single State agency
Awards under this section shall be coordinated through single State agencies for substance abuse. (4)
Family-based treatment
To be eligible for an award under this subsection an entity shall demonstrate that the family-based substance abuse treatment program to be carried out under the award— (A)is a comprehensive, long-term family treatment program that is focused on the treatment of the parent and child; (B)requires that each parent offender who participates in the program be sentenced by a court to, or placed by a court with, a long-term family treatment program (which includes a residential component); (C)includes mandatory periodic drug testing; and (D)allows for judges to have the discretion to sentence parents who do not successfully complete their prescribed treatment plan to serve a prison or detention sentence that is commensurate with the crime involved. (5)
Priority
In making awards under this subsection, the Secretary shall give priority to any entity that, as part of the application under paragraph (2), agrees to use the award for programs serving— (A)an area that is a rural area, an area with a shortage of mental health professionals, or an area with a shortage of family-based substance abuse and addiction treatment options; or (B)an area that has high rates of addiction to methamphetamine or other drugs. (6)
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection, $20,000,000 for each of fiscal years 2008 through 2012. (b)
Transitional services
(1)
In general
The Secretary, in consultation with the Director of the National Institute on Drug Abuse, shall award grants to States to provide transitional, research-based, community-based recovery-support services to address social, educational, vocational, mental health, and substance abuse needs of parents and families transitioning out of treatment. (2)
Application
To be eligible to receive a grant under this subsection, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3)
Priority
In awarding grants under this subsection, the Secretary shall give priority to a States that agree to use grant funds for programs serving— (A)an area that is a rural area, an area with a shortage of mental health professionals, or an area with a shortage of family-based substance abuse treatment options; or (B)an area that has high rates of addiction to methamphetamine or other drugs. (4)
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection, $24,000,000 for each of fiscal years 2008 through 2010.
. (d)
Adult and juvenile alternatives
(1)
In general
The Secretary of Health and Human Services, jointly with the Attorney General and in consultation with the Administrator and the Director of the National Institute on Drug Abuse, shall award grants, cooperative agreements, or contracts to eligible entities to assist local jails and detention facilities in providing comprehensive substance abuse treatment services as alternatives to incarceration to adults or juveniles who have committed nonviolent offenses. (2)
Application
To be eligible to receive an award under this subsection, an entity shall submit to the Secretary, jointly with the Attorney General, an application at such time, in such manner, and containing such information as the Secretary may require. (3)
Alternatives to jail programs
To be eligible for an award under this subsection an entity shall demonstrate that the alternatives to jail program to be carried out under the award— (A)is comprehensive and evidenced-based; (B)requires that each participant be sentenced by a court to, or placed by a court with, a long-term treatment program (which includes a residential component); (C)includes mandatory periodic drug testing; (D)allows for judges to have the discretion to sentence parents who do not successfully complete their prescribed treatment plan to serve a prison or detention sentence that is commensurate with the crime involved; and (E)include a rigorous evaluation component. (4)
Authorization of appropriations
There is authorized to be appropriated from funds made available to carry out part S of title I of the Omnibus Crime Control and Safe Streets Act of 1968, $40,000,000 for each of fiscal years 2008 through 2010, 38,000,000 for fiscal year 2011, and $35,000,000 for fiscal year 2012, to carry out this subsection. (e)
Housing opportunities
(1)
In general
Subtitle F of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11403 et seq.) is amended by adding at the end the following: VI
Recovery-based housing supports
489.
Recovery-based housing supports
(a)
In general
The Secretary of Housing and Urban Development (referred to in this section as the Secretary), in collaboration with the Secretary of Health and Human Services, shall award grants, contracts, or cooperative agreements to eligible entities for the conduct of recovery-based housing support activities. (b)
Eligibility
To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall— (1)be a coalition or partnership that— (A)shall include a substance abuse provider; (B)shall include— (i)a homeless service provider; (ii)a nonprofit, nongovernmental community housing development or a Department of Agriculture rural housing service program; or (iii)with respect to tribal lands, in the case of tribal lands that are not served by a homeless service provider or a nonprofit, nongovernmental community housing development organization, a tribally designated housing entity or tribal housing consortium; and (C)may include— (i)housing developers, housing corporations, State housing finance agencies, other housing agencies, and representing landlords; (ii)a public housing agency or tribally designated housing entity; (iii)tenant organizations in public or tribally designated housing, as well as nonprofit, nongovernmental tenant organizations; (iv)other nonprofit, nongovernmental organizations participating in the Department of Housing and Urban Development's Continuum of Care process; (v)a State, tribal, territorial, or local government or government agency; and (2)submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. (c)
Eligible activities
Entities may use amounts received under a grant, contract, or cooperative agreement under this section to carry out the following activities: (1)The construction of new housing units to provide transitional or permanent housing for individuals recovering from substance abuse. (2)The acquisition or rehabilitation of a structure to provide supportive services or to provide transitional or permanent housing, other than emergency shelter. (3)The leasing of property, or portions of property, not owned by the recipient or project sponsor involved, for use in providing transitional or permanent housing, or providing supportive services. (4)The provision of rental assistance to provide transitional or permanent housing to eligible individuals. The rental assistance may include tenant-based or project-based rental assistance. (5)The payment of operating costs for housing units assisted under this section.
. (2)
Authorization of appropriations
Section 463 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11403h) is amended by adding at the end the following: (c)
Recovery-based rental assistance
There is authorized to be appropriated to carry out part VI, $15,000,000 for each of fiscal years 2008 through 2012. .
4.
Services for children and adolescents
(a)
Court Teams
Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended— (1)by redesignating part F as part G; and (2)by inserting after part E the following new part: F
Court Teams
271.
Court Teams program authorized
(a)
Grant authorized
The Administrator shall award a grant to a national early childhood development organization to— (1)establish a National Court Teams Resource Center to— (A)promote the well-being of maltreated infants and toddlers and their families (including the special problems created by substance abuse, particularly methamphetamine abuse); (B)help prevent the recurrence of abuse and neglect of children; and (C)promote timely reunification of families or other successful permanency outcomes for maltreated infants and toddlers in foster care; and (2)select, and provide assistance to, local Court Teams created to achieve the goals described in paragraph (1). (b)
Grant duration
The grant awarded under this part shall be for a period of 5 years, and shall be renewable at the discretion of the Administrator.
272.
National Court Teams Resource Center
(a)
Assistance to local Court Teams
Assistance provided to local Court Teams by the National Court Teams Resource Center shall include— (1)providing direction, coordination, and oversight of the implementation of local Court Teams; (2)providing a Local Community Coordinator for each local Court Team; (3)providing training and technical assistance to local Court Teams; and (4)organizing local training for community members of jurisdictions in which local Court Teams are located, which shall relate to the particular needs of infants and toddlers exposed to maltreatment and trauma. (b)
General activities
The national early childhood development organization receiving the grant authorized under section 271 shall establish and maintain a National Court Teams Resource Center, which shall also carry out the following activities: (1)Develop a process for selecting, and select, local Court Teams to receive assistance under this part. (2)Develop materials to guide qualified judges in the decision-making process regarding maltreated infants and toddlers, and to train members of local Court Teams and others in the community regarding the appropriate care of maltreated infants and toddlers. (3)Conduct national meetings and training sessions for local Court Teams. (4)Develop a database that shall be— (A)available to each local Court Team to track such Court Team’s progress; and (B)used by the National Court Teams Resource Center to facilitate evaluation of the local Court Teams receiving assistance under this part. (5)Provide information to communities and courts around the country seeking to adopt the Court Teams approach.
273.
Evaluations and Reports
(a)
Evaluation form
Not later than 6 months after the date of the enactment of this Act, the National Court Teams Resource Center shall create, and distribute to each local Court Team, an evaluation form that shall be used to periodically collect any data from local Court Teams that the National Court Teams Resource Center determines may be relevant to the reports required by subsection (b). (b)
Reports to Congress by the Administrator
At the end of the three-year period beginning on the date of the enactment of this Act, and again at the end of the five-year period beginning on such date of enactment, the Administrator shall— (1)compile the data collected in the periodic evaluation forms completed by each local Court Team; (2)conduct a national evaluation of Court Teams, based on such compilation of data; and (3)report to Congress on the effectiveness of Court Teams, including the extent to which local Court Teams are— (A)improving access to services for maltreated infants and toddlers; (B)reducing the recurrence of abuse and neglect; (C)promoting permanent placements of maltreated infants and toddlers; and (D)improving the developmental outcomes for maltreated infants and toddlers who have been in foster care.
. (b)
Authorization of appropriations
Section 299 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended— (1)in subsection (a)— (A)in the header, by striking Parts C and E) and inserting Parts C, E, and F); and (B)in paragraph (2), by striking parts C and E) and inserting parts C, E, and F); (2)by redesignating subsection (d) as subsection (e); and (3)by inserting after subsection (c) the following new subsection: (d)
Authorization of appropriations for Part F
There are authorized to be appropriated to carry out part F, $5,000,000 for each of fiscal years 2008, 2009, 2010, 2011, and 2012. . (c)
Substance abuse treatment services for youth
Part B of title V of the Public Health Service Act (42 U.S.C. 290bb–1 et seq.), as amended by section 3(c), is further amended by adding at the end the following:
514D.
Expansion of substance abuse treatment services for youth
(a)
In general
The Secretary shall expand efforts under the Assertive Adolescent and Family Treatment grant program under section 514 to address gaps in the provision of substance abuse services or to increase the ability of States, units of local government, federally recognized Indian tribes, tribal organizations, and community- and faith-based organizations to assist specific populations or geographic areas with serious, emerging substance abuse problems. (b)
Priority
In awarding grants, contracts, or cooperative agreements under subsection (a), the Secretary shall give priority to applicants that propose to— (1)utilize emerging best practices for the treatment of substance abuse among children and adolescents; (2)coordinate the provision of treatment services with other social service agencies in the community, including educational, juvenile justice, child welfare, and mental health agencies; (3)provide screening by a qualified professional for substance use related disorder and a continuum of integrated treatment services, including case management, for children and adolescents with substance abuse disorders and their families; (4)provide treatment that is gender-specific and culturally appropriate; (5)involve and work with families of children and adolescents receiving treatment; (6)provide aftercare services for children and adolescents and their families after completion of substance abuse treatment; and (7)use amounts under the award to serve an area that— (A)is a rural area, an area with a shortage of mental health and addiction treatment professionals, or an area with a shortage of family-based substance abuse treatment options; or (B)has high rates of addiction to methamphetamine or other drugs. (c)
Evaluation plan
To be eligible to receive an award under this section, an entity shall include in it's application an assurance that the entity will carry out activities to evaluate the program carried out under the award in accordance with an evaluation plan developed by the entity. (d)
Authorization of appropriations
There is authorized to be appropriated to carry out this section, $8,000,000 for each of fiscal years 2008 through 2012.
.
5.
Improved access to substance abuse treatment for rural and underserved areas through recruitment and retention of substance abuse professionals
(a)
In general
The Secretary of Health and Human Services shall award scholarships to eligible individuals who agree to provide substance abuse treatment services in rural or underserved areas. (b)
Eligibility
To be eligible to receive a scholarship under subsection (a), an individual shall— (1)submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (2)be enrolled in a course of study at an institution of higher education leading to a degree related to the provision of substance abuse treatment services (as determined by the Secretary); (3)agree to provide substance abuse treatment services at a facility with a critical shortage of addiction treatment professionals in a rural or underserved area (as determined by the Secretary) for at least two years following the date on which such individual receives the degree referred to in subparagraph (B); and (4)upon obtaining employment in an addiction treatment setting, be seeking licensure or certification with the recognized State or jurisdictional addiction professional credentialing entity. (c)
Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this section.
6.
Prevention
Part B of title V of the Public Health Service Act (42 U.S.C. 290bb–1 et seq.), as amended by section 5, is further amended by adding at the end the following:
514E.
School- and community-based prevention efforts
(a)
In general
The Secretary, acting through the Administrator and in consultation with the Director of the National Institute on Drug Abuse, shall award grants, contracts, or cooperative agreements to eligible entities to enable such entities to provide for the conduct of elementary and secondary school- and community-based methamphetamine prevention activities. (b)
Eligibility
To be eligible to receive an award under subsection (a), an entity shall— (1)be— (A)an elementary or secondary school, or a public or nonprofit private entity that intends to carry out activities under the award at an elementary or secondary school; or (B)a private or public entity that intends to carry out community-based prevention programs; and (2)submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c)
Priority
In awarding grants under this section, the Secretary shall give priority to— (1)entities serving rural areas or areas that have high rates of addiction to methamphetamine or other drugs; and (2)entities that propose to carry out activities using emerging best practices for the prevention of substance abuse among children and adolescents. (d)
Use of funds
An eligible entity that receives a grant under this section shall use the funds made available under the grant to carry out school- or community-based activities that— (1)are comprehensive and utilize emerging best practices for the prevention of methamphetamine and other substance abuse among children and adolescents; (2)emphasize social and emotional competencies by enhancing the knowledge, social, emotional, and life skills of children and adolescents; (3)include an evaluation component, including outcomes measures related to prevention efforts as well as the overall goals of the grant; and (4)involve partnerships between communities or schools and universities, where possible, to support the effectiveness and evaluation of prevention programs. (e)
Authorization of appropriations
There is authorized to be appropriated to carry out this section, $5,000,000 for each of fiscal years 2008 through 2012.
514F.
Establishment of a parent resource center
(a)
In general
The Secretary, in consultation with the Administrator, and the Director of National Institute on Drug Abuse, shall award grants, cooperative agreements, or contracts to eligible entities to create a national telephone helpline and on-line resource center to assist parents and family members in receiving support, information about preventing drug abuse, and treatment referral information. (b)
Authorization of appropriations
There is authorized to be appropriated to carry out this section, $1,000,000 for each of fiscal years 2008 through 2012.
514G.
Effectiveness
(a)
In general
The Administrator, in consultation with the Director of the National Institute on Drug Abuse, shall enter into contracts with entities to— (1)conduct examinations of the long-term effects of methamphetamine use on drug endangered children; and (2)conduct evaluations to determine the effectiveness of methamphetamine prevention programs. (b)
Authorization of appropriations
There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2008 through 2012.
.
7.
Removal of barrier to coverage for treatment and recovery under medicaid
(a)
In general
Section 1905(i) of the Social Security Act (42 U.S.C. 1396d(i)) is amended by inserting (more than 32 beds, in the case of an individual receiving treatment for substance abuse, including methamphetamine abuse) after 16 beds. (b)
Effective date
The amendment made by subsection (a) takes effect on the date of enactment of this Act and applies to medical assistance provided on or after that date.