[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 439 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 439

To amend the Public Health Service Act regarding residential treatment 
    programs for pregnant and parenting women, a program to reduce 
  substance abuse among nonviolent offenders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2009

 Mr. Rehberg introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act regarding residential treatment 
    programs for pregnant and parenting women, a program to reduce 
  substance abuse among nonviolent offenders, 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 ``Family-Based Meth Treatment Access 
Act of 2009''.

SEC. 2. RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND PARENTING 
              WOMEN.

    Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is 
amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``postpartum women treatment for substance 
                abuse'' and inserting ``parenting women treatment for 
                substance abuse (including treatment for addiction to 
                methamphetamine)'';
                    (B) in paragraph (1), by striking ``reside in'' and 
                inserting ``reside in or receive outpatient treatment 
                services from''; and
                    (C) in paragraph (2), by striking ``reside with the 
                women in'' and inserting ``reside with the women in, or 
                receive outpatient treatment services from,'';
            (2) in subsection (d)(6), by inserting ``, or referrals for 
        counseling,'' after ``Counseling'';
            (3) by amending subsection (h) to read as follows:
    ``(h) Accessibility of Program.--A funding agreement for an award 
under subsection (a) for an applicant is that the program operated 
pursuant to such subsection will be accessible to--
            ``(1) low-income pregnant and parenting women; and
            ``(2) pregnant and parenting women in health disparity 
        populations.'';
            (4) by amending subsection (m) to read as follows:
    ``(m) Allocation of Awards.--In making awards under subsection (a), 
the Director shall give priority to any entity that agrees to use the 
award for a program serving an area that--
            ``(1) is a rural area, an area designated under section 332 
        by the Administrator of the Health Resources and Services 
        Administration as a health professional shortage area with a 
        shortage of mental health professionals, or an area determined 
        by the Director to have a shortage of family-based substance 
        abuse treatment options; and
            ``(2) is determined by the Director to have high rates of 
        addiction to methamphetamine or other drugs.'';
            (5) in subsection (p)--
                    (A) by striking ``October 1, 1994'' and inserting 
                ``October 1, 2010'';
                    (B) by inserting ``In submitting reports under this 
                subsection, the Director may use data collected under 
                this section or other provisions of law.'' after 
                ``biennial report under section 501(k).''; and
                    (C) by striking ``Each report under this subsection 
                shall include'' and all that follows and inserting 
                ``Each report under this subsection shall, with respect 
                to the period for which the report is prepared, include 
                the following:
            ``(1) A summary of any evaluations conducted under 
        subsection (o).
            ``(2) Data on the number of pregnant and parenting women in 
        need of, but not receiving, treatment for substance abuse under 
        programs carried out pursuant to this section. Such data shall 
        include, but not be limited to, the number of pregnant and 
        parenting women in need of, but not receiving, treatment for 
        methamphetamine abuse under such programs, disaggregated by 
        State and tribe.
            ``(3) Data on recovery and relapse rates of women receiving 
        treatment for substance abuse under programs carried out 
        pursuant to this section, including data disaggregated with 
        respect to treatment for methamphetamine abuse.'';
            (6) by redesignating subsections (q) and (r) as subsections 
        (r) and (s), respectively;
            (7) by inserting after subsection (p) the following:
    ``(q) Methamphetamine Addiction.--In carrying out this section, the 
Director shall expand, intensify, and coordinate efforts to provide to 
pregnant and parenting women treatment for methamphetamine 
addiction.'';
            (8) in subsection (r) (as so redesignated)--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) The term `health disparity population' means a 
        population in which there is a significant disparity in the 
        overall rate of disease incidence, prevalence, morbidity, 
        mortality, or survival rates in the population as compared to 
        the health status of the general population.''; and
            (9) in subsection (s) (as so redesignated), by striking 
        ``such sums as may be necessary to fiscal years 2001 through 
        2003'' and inserting ``$70,000,000 for each of fiscal years 
        2010 through 2014''.

SEC. 3. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG NONVIOLENT OFFENDERS: 
              FAMILY TREATMENT ALTERNATIVES TO INCARCERATION.

    Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) 
is amended by inserting after section 509 the following:

``SEC. 510. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG NONVIOLENT 
              OFFENDERS: FAMILY TREATMENT ALTERNATIVES TO 
              INCARCERATION.

    ``(a) In General.--The Secretary, acting through the Administrator 
of the Substance Abuse and Mental Health Services Administration, shall 
make awards of grants, cooperative agreements, or contracts to public 
and nonprofit private entities for the purpose of assisting local jails 
and detention facilities in providing comprehensive, family-based 
substance abuse treatment services (including treatment for addiction 
to methamphetamine) to pregnant and parenting adults who are considered 
nonviolent offenders.
    ``(b) Minimum Qualifications for Nonprofit Private Entities.--An 
award may be made under subsection (a) to an applicant that is a 
nonprofit private entity only if the Secretary determines that--
            ``(1) the applicant has the capacity to provide the 
        services described in subsection (a); and
            ``(2) the applicant meets all applicable State licensor and 
        certification requirements regarding the provision of substance 
        abuse treatment services.
    ``(c) Requirements Applicable to Family Drug Treatment Program That 
Is an Alternative to Incarceration.--A grant under this section may be 
used for a family drug treatment program that is an alternative to 
incarceration only if the program complies with the following:
            ``(1) The program is a comprehensive, long-term family 
        treatment program focused on the treatment of the parent and 
        child.
            ``(2) The program and its providers meet all applicable 
        State licensor and certification requirements regarding the 
        provision of substance abuse treatment services.
            ``(3) Each parent offender who participates in the program 
        is sentenced to, or placed with, a long-term family treatment 
        program (which shall include a residential component).
            ``(4) Each parent offender who participates in the program 
        serves a sentence with respect to the underlying crime if that 
        parent offender does not successfully complete treatment with 
        the residential treatment provider.
            ``(5) The program has mandatory periodic drug testing. The 
        Secretary shall, by prescribing guidelines or regulations, 
        specify standards for the timing and manner of complying with 
        such testing. The standards shall ensure that--
                    ``(A) each individual participating in the program 
                as an alternative to incarceration is tested for every 
                controlled substance that the participant has been 
                known to abuse, and for any other controlled substance 
                the Secretary may require; and
                    ``(B) the testing is accurate and practicable; and
                    ``(C) the drug testing regime is a factor in 
                determinations of whether program participants 
                successfully complete treatment.
    ``(d) Allocation of Awards.--In making awards under subsection (a), 
the Secretary shall give priority to any entity that agrees to use the 
award for a program serving an area that--
            ``(1) is a rural area, an area designated under section 332 
        by the Administrator of the Health Resources and Services 
        Administration as a health professional shortage area with a 
        shortage of mental health professionals, or an area determined 
        by the Secretary to have a shortage of family-based substance 
        abuse treatment options; and
            ``(2) is determined by the Secretary to have high rates of 
        addiction to methamphetamine or other drugs.
    ``(e) Definitions.--In this section the terms `family drug 
treatment', `family treatment', and `comprehensive, long-term family 
treatment' describe programs that provide, or are able to provide 
referrals for, the following services: Substance abuse treatment, 
children's early intervention services, family counseling, legal 
services, medical care, mental health services, nursery and preschool, 
parenting skills training, pediatric care, prenatal care, sexual abuse 
therapy, relapse prevention, transportation, and job or vocational 
training or general equivalency diploma (GED) classes.
    ``(f) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $40,000,000 
for each of fiscal years 2010, 2011, and 2012, and $50,000,000 for each 
of fiscal years 2013 and 2014.''.
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