[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5678 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5678
To amend the Public Health Service Act to provide grants for treatment
of methamphetamine abuse, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2010
Mr. Carnahan (for himself, Ms. Berkley, Mr. Boren, Mr. Davis of
Tennessee, Mr. Foster, Ms. Hirono, Mr. Michaud, Mr. Moore of Kansas,
Mr. Radanovich, and Mr. Rothman of New Jersey) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to provide grants for treatment
of methamphetamine abuse, 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 ``Universal Access to Methamphetamine
Treatment Act of 2010''.
SEC. 2. PURPOSE.
It is the purpose of this Act to--
(1) reduce crime and improve public safety by making
treatment for methamphetamine abuse available to every American
who needs it;
(2) keep families together by encouraging alternatives to
incarceration for nonviolent drug law offenses; and
(3) expand research on the root causes of methamphetamine
abuse and the most effective ways to treat it.
SEC. 3. METHAMPHETAMINE TREATMENT AND WRAP-AROUND PROGRAMS.
Subpart 1 of part B of title V of the Public Health Service Act is
amended--
(1) redesignating the second section 514 (relating to
methamphetamine and amphetamine treatment) as section 514B; and
(2) adding at the end the following new sections:
``SEC. 514C. INITIATIVE TO INCREASE METHAMPHETAMINE TREATMENT CAPACITY.
``(a) In General.--The Secretary may make grants to State, local,
and tribal governments for the purpose of increasing the availability
of treatment for methamphetamine abuse.
``(b) Requirements.--
``(1) In general.--To seek a grant under subsection (a), a
State, local, or tribal government shall submit an application
to the Secretary at such time, in such manner, and containing
such information and assurances as the Secretary may require.
``(2) Use of grant funds.--The grants made under subsection
(a) may only be used to--
``(A) build treatment centers;
``(B) expand existing treatment centers;
``(C) hire treatment professionals;
``(D) provide training and education to substance
abuse professionals, medical professionals, and
educators related to the treatment of methamphetamine
abuse; and
``(E) engage in other activities that the Secretary
has determined are relevant to the purpose of the
grants under subsection (a).
``(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2011 through 2015.
``SEC. 514D. METHAMPHETAMINE TREATMENT VOUCHERS FOR UNDERSERVED
POPULATIONS.
``(a) In General.--The Secretary may make grants to State, local,
and tribal governments and nonprofit entities to provide vouchers to
individuals in underserved populations for authorized services related
to the treatment of such individuals for methamphetamine abuse.
``(b) Requirements.--
``(1) Application.--To seek a grant under subsection (a), a
State, local, or tribal government or a nonprofit entity shall
submit an application to the Secretary at such time, in such
manner, and containing such information and assurances as the
Secretary may require, including a description of the method
that such State, government, or entity will use--
``(A) to identify individuals who would benefit
from treatment for methamphetamine abuse;
``(B) to identify if such individuals are in
underserved populations; and
``(C) to provide vouchers to such individuals in
such populations.
``(2) Preservation of choice.--A recipient of a grant under
this section may not restrict the ability of an individual
receiving a voucher under this section to use the voucher to
pay for authorized services furnished by any provider of
authorized services, so long as the provider of such services
meets all applicable State licensure or certification
requirements regarding the provision of such services.
``(3) Duration of award.--With respect to a grant under
this section, the period during which payments under such grant
are made to the grant recipient may not exceed five years.
``(4) Matching funds.--The Secretary may require that
State, local, and tribal governments and nonprofit entities
that apply for grants under this section provide non-Federal
matching funds, as determined appropriate by the Secretary, to
ensure the commitment of the government or entity to the
provision of vouchers for treatment to individuals who use
methamphetamine. Such non-Federal matching funds may be
provided directly or through donations from public or private
entities and may be in cash or in kind, fairly evaluated,
including plant, equipment, or services.
``(5) Maintenance of effort.--The Secretary may require
that grant recipients under this section agree to maintain
expenditures of non-Federal amounts for authorized services
related to the treatment of methamphetamine abuse at a level
that is not less than the level of such expenditures maintained
by the recipient for the fiscal year preceding the fiscal year
for which the entity receives such a grant.
``(c) Report.--
``(1) In general.--Not later than December 1, 2010, and
annually thereafter, the Secretary shall submit a report to the
Congress on the grants under subsection (a).
``(2) Contents of report.--The report under paragraph (1)
shall contain an evaluation of the effectiveness of the grants
made under subsection (a) in improving access to
methamphetamine treatment for underserved populations.
``(d) Definitions.--For purposes of this section, the following
definitions apply:
``(1) Authorized services.--The term `authorized services'
means--
``(A) treatment for methamphetamine abuse,
including individual, group, and family counseling
regarding such abuse;
``(B) follow-up services to prevent an individual
from relapsing into such abuse;
``(C) wrap-around services, as such term is defined
in section 514E(e)(4); and
``(D) any additional services specified by the
Secretary.
``(2) Underserved population.--The term `underserved
population' means a population of individuals who cannot to
access appropriate substance abuse treatment (including
comprehensive substance abuse treatment) due to financial,
geographical, language, socio-economic, or cultural barriers.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2011 through 2015.
``SEC. 514E. COMPREHENSIVE WRAP-AROUND METHAMPHETAMINE TREATMENT
SERVICES.
``(a) In General.--The Secretary may make grants to public,
private, and nonprofit entities, Indian tribes, and tribal
organizations to establish programs to provide for and coordinate the
provision of wrap-around services to methamphetamine-affected
individuals.
``(b) Minimum Qualifications for Receipt of Award.--To seek a grant
under subsection (a), public, private, or nonprofit entity, Indian
tribe, or tribal organizations shall submit an application to the
Secretary at such time, in such manner, and containing such information
and assurances as the Secretary may require, including assurances to
the satisfaction of the Secretary that--
``(1) the applicant has the capacity to carry out a program
described in subsection (a);
``(2) the applicant has entered into agreements with
entities in the community involved, through which the applicant
will provide services defined in subsection (e)(4); and
``(3) the applicant, or any entity through which the
applicant will provide such services, meets all applicable
State licensure or certification requirements regarding the
provision of such services.
``(c) Priority for Grant Distribution.--In making grants under this
section, the Secretary shall give priority to applications for programs
that serve communities with a high or increasing rate of
methamphetamine abuse or addiction, as specified by the Secretary.
``(d) Reports.--For each year that a public, private, or nonprofit
entity, Indian tribe, or tribal organization receives a grant under
subsection (a) for a program, such entity, tribe, or organization shall
submit to the Secretary a report on the results and effectiveness of
the program.
``(e) Definitions.--For purposes of this section:
``(1) Intensive outpatient treatment facility.--The term
`intensive outpatient treatment facility' means a facility that
provides treatment for substance abuse and that, with respect
to an individual receiving such treatment--
``(A) provides a minimum of nine hours of treatment
for substance abuse during a week;
``(B) provides regularly scheduled treatment
sessions within a structured program; and
``(C) the treatment sessions are led by health
professionals or clinicians.
``(2) Methamphetamine-affected individual.--The term
`methamphetamine-affected individual' means an individual who--
``(A)(i) resided in a residential inpatient
treatment facility for the treatment of methamphetamine
abuse or addiction; or
``(ii) received treatment for methamphetamine abuse
or addiction from an intensive outpatient treatment
facility; and
``(B) after successful completion of such treatment
reenters the community.
``(3) Residential inpatient treatment facility.--The term
`residential inpatient treatment facility' means a facility
that provides treatment for substance abuse and in which health
professionals and clinicians provide a planned regimen of 24-
hour professionally directed evaluation, care, and treatment
for such substance abuse in an inpatient setting, including 24-
hour observation and monitoring.
``(4) Wrap-around services.--The term `wrap-around
services' means, with respect to a methamphetamine-affected
individual, the following services:
``(A) Medical services.
``(B) Dental services.
``(C) Mental health services.
``(D) Child care services.
``(E) Job training services.
``(F) Housing assistance.
``(G) Training in parenting.
``(H) Prevention services for family members, with
respect to methamphetamine abuse or addiction.
``(I) Transportation assistance services for
purposes of participation in the services listed in
subparagraphs (A) through (H).
``(f) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2011 through 2015.''.
SEC. 4. EXTENSION AND EXPANSION OF RESIDENTIAL TREATMENT PROGRAM FOR
PREGNANT AND POSTPARTUM WOMEN TO INCLUDE CARE GIVER
PARENTS.
Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is
amended--
(1) in the heading, by striking ``pregnant and postpartum
women'' and inserting ``care giver parents, including pregnant
women'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, Indian tribes, and
tribal organizations'' after ``private
entities''; and
(ii) by striking ``pregnant and postpartum
women treatment for substance abuse'' and
inserting ``care giver parents, including
pregnant women, treatment for substance abuse
(including treatment for addiction to
methamphetamine)'';
(B) in each of paragraphs (1), (2), and (3), by
striking ``the women'' and inserting ``such parents''
each place it appears; and
(C) in paragraph (3), by inserting ``supplemental''
before ``services'';
(3) in subsection (b)--
(A) in paragraph (1), by inserting ``, Indian
tribes, or tribal organizations'' after ``nonprofit
private entities''; and
(B) in paragraph (2)--
(i) by striking ``the services'' and
inserting ``such services''; and
(ii) by striking `` woman'' and inserting
``care giver parent'';
(4) in subsection (c)--
(A) in paragraph (1) by striking ``eligible woman''
and inserting ``eligible care giver parent''; and
(B) by striking ``the women'' each place it appears
and inserting ``such parent'';
(5) in subsection (d)--
(A) in the matter proceeding paragraph (1), by
striking ``woman'' and inserting ``care giver parent'';
(B) in paragraphs (3) and (4), by striking ``the
woman'' and inserting ``such parent'' each place it
appears;
(C) in paragraph (9)--
(i) by striking ``the women'' and inserting
``such parent'' each place it appears;
(ii) by striking ``units'' and inserting
``unit''; and
(iii) by striking ``of parents'' and
inserting ``of the parents of such parent'';
(D) in paragraph (10), by inserting ``, Indian
tribes, or tribal organizations'' after ``entities'';
and
(E) in paragraph (11)--
(i) by striking ``the women'' and inserting
``such parent''; and
(ii) by striking ``their children'' and
inserting ``the children of such parent'';
(6) in subsection (f)(1), in the matter proceeding
subparagraph (A) by inserting ``, Indian tribes, or tribal
organizations'' after ``public or private entities'';
(7) in subsection (g)--
(A) by striking ``identify women'' and inserting
``identify care giver parents''; and
(B) by striking ``the women'' and inserting ``such
parents'';
(8) in subsection (h)(1) by striking ``pregnant and
postpartum women'' and inserting ``care giver parents'';
(9) in subsection (j)--
(A) in the matter proceeding paragraph (1)--
(i) by striking ``to on behalf'' and
inserting ``to or on behalf''; and
(ii) by striking ``woman'' and inserting
``care giver parent'';
(B) in paragraph (2), by striking ``the woman'' and
inserting ``such parent''; and
(C) in paragraph (3), by striking ``woman'' and
inserting ``parent'';
(10) in subsection (k)(2) by striking ``women'' and
inserting ``care giver parents''--
(11) in subsection (l), by striking ``such agreements'' and
inserting ``the funding agreements under this section'';
(12) by amending subsection (m) to read as follows:
``(m) Use of Funds; Priority for Certain Areas Served.--
``(1) Use of funds.--A funding agreement for an award under
subsection (a) for an applicant is that funds awarded under
subsection (a) to such applicant shall be used for programs
according to the following order of priority:
``(A) For a program that provides services to care
giver parents who are pregnant and postpartum women.
``(B) For a program that provides services to care
giver parents who are single parents and the sole care
givers with respect to their children.
``(C) For a program that provides services to any
care giver parents.
``(2) Priority for certain areas served.--In making awards
under subsection (a), the Director shall give priority to any
entity, tribe, or organization that agrees to use the award for
a program serving an area that--
``(A) is a rural area;
``(B) is an area determined by the Director to have
a shortage of family-based substance abuse treatment
options; or
``(C) is determined by the Director to have high
rates of addiction to methamphetamine.'';
(13) in subsection (p)--
(A) by striking ``October 1, 1994'' and inserting
``October 1, 2010''; and
(B) by striking the third sentence;
(14) in subsection (q)--
(A) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6), respectively;
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) The term `care giver parent' means, with respect to a
child, a parent or legal guardian with whom the child resides,
and includes a pregnant woman.''; and
(C) by amending paragraph (3), as redesignated by
subparagraph (A) of this paragraph, to read as follows:
``(3) The term `eligible care giver parent' means a care
giver parent who has been admitted to a program operated
pursuant to subsection (a).''; and
(15) in subsection (r), by striking ``to fiscal years 2001
through 2003'' and inserting ``for fiscal years 2011 through
2015''.
SEC. 5. EFFECTIVENESS OF METHAMPHETAMINE TREATMENT METHODS.
(a) Research.--The Director of the National Institute on Drug Abuse
shall conduct research, directly or through contract with another
entity, on the effectiveness of the use of agonist and antagonist drugs
to reduce the problems associated with stimulant abuse, including
methamphetamine abuse.
(b) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2011 through 2015.
SEC. 6. IOM STUDY ON DRUG TREATMENTS FOR STIMULANT ABUSE.
(a) Report.--The Secretary of Health and Human Services shall seek
to enter into a contract with the Institute of Medicine of the National
Academies to complete a literature review and submit a report to
Congress on the effectiveness of agonist and antagonist drugs for the
treatment of stimulant abuse, including methamphetamine abuse.
(b) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2011 through 2015.
SEC. 7. GAO EVALUATION OF THE IMPACT OF THIS LEGISLATION.
(a) Study on the Level of Funding for Methamphetamine Treatment.--
The Comptroller General of the United States shall conduct a study on--
(1) the impact of the programs authorized by this Act
(including the amendments made by this Act) on the
effectiveness and availability of treatment for methamphetamine
abuse;
(2) whether the level of Federal funding available for the
treatment of methamphetamine abuse meets, exceeds, or is less
than the amount necessary to provide adequate treatment for
methamphetamine abuse; and
(3) the impact of effective treatment of methamphetamine
abuse on cost savings due to the reduced need for criminal
justice and other services.
(b) Reports.--
(1) Interim report.--Not later than the last day of the
two-year period beginning on the date of enactment of this Act,
the Comptroller General shall submit to Congress a report on
the interim findings of the study under subsection (a).
(2) Final report.--Not later than 3 years after the date of
that the report under paragraph (1) is submitted to Congress,
the Comptroller General shall submit to Congress a report on
the findings of the study under subsection (a).
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