[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Senate]
[Pages S12132-S12134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ABRAHAM (for himself, Mr. Hutchison, and Mr. Coats):
  S. 1466. A bill to amend the Public Health Service Act to permit 
faith-based substance abuse treatment centers to receive Federal 
assistance, to permit individuals receiving Federal drug treatment 
assistance to select private and religiously oriented treatment, and to 
protect the rights of individuals from being required to receive 
religiously oriented treatment; to the Commission on Labor and Human 
Resources.


            the drug and alcohol abuse treatment choice act

  Mr. ABRAHAM. Mr. President, I rise today to introduce the Effective 
Substance Abuse Treatment Act. This legislation will increase the 
variety and effectiveness of drug and alcohol treatment centers. It 
will do so by allowing faith-based organizations, consistently shown to 
be most effective at treating substance abuse, to accept Federal funds 
without sacrificing their religious character. In addition, it will 
allow individuals receiving drug and alcohol abuse treatment services 
to choose a faith-based treatment center for their care.
  This legislation builds on the charitable choice provision included 
in last year's welfare bill. That provision allowed faith-based 
charities to contract with government to supply social services without 
having to give up their religious character.
  Mr. President, each year we face staggering statistics about the use 
of illegal drugs and the abuse of alcohol. The percentage of teenagers 
who admitted using illicit drugs during the last month more than 
doubled between 1992 and 1995. This increase in drug use, especially 
among young people, demands that we find new ways to address the 
addiction that often follows. I believe we owe it to our citizens and 
particularly those addicted to drugs or alcohol, to make the most 
effective treatment available to them. That treatment is provided by 
faith based charities.
  Mr. President, government-run drug rehabilitation programs generally 
have long-run success rates in the single digits. This is a tragedy for 
addicts, their friends and their families, all of whom are given false 
hope by institutions that rarely produce the results they promise. 
However, there are many programs that do work. For example, Burton 
Fulsom of Michigan's Mackinac Center reports on the Mel Trotter 
Ministries in Grand Rapids. Named for its former alcoholic founder, the 
Mel Trotter Ministries has an astounding 70-percent long term success 
rate in its faith based rehabilitation program.
  According to director Thomas Laymon, government programs leave 
addicts without spiritual support. Worse, addicts are not held 
accountable for addictions, and they have no incentive to change their 
behavior. Meanwhile, Trotter Ministries provides guidance, a supporter 
community and integration into a life beyond drugs.
  Another successful faith based substance abuse treatment center is 
San Antonio's Victory Fellowship, run by

[[Page S12133]]

Pastor Freddie Garcia. Victory Fellowship has saved thousands of 
addicts in some of the city's toughest neighborhoods. The program 
offers addicts a safe haven, a chance to recover, job training, and a 
chance to provide for themselves and their families. It has served more 
than 13,000 people and has a success rate of over 80 percent.
  It is very simple, Mr. President, where most treatment centers fail, 
those that are faith based work. This being the case, we have a duty to 
make faith based treatment more available. This does not require any 
special program, Mr. President. Rather, we can achieve this important 
goal by allowing faith based programs to stand on an equal footing with 
other centers in applying for Federal funds to heal individuals in need 
without changing the nature of the care they give.
  We owe it to our families and communities, torn apart by drugs and 
drug related violence, to fight the scourge of substance abuse. We owe 
it to the individuals in need to allow them to obtain the best 
treatment available. This legislation will achieve these goals without 
increasing the cost of government. I ask my colleagues for their 
support.
  I ask unanimous consent that the entire text of the bill be entered 
into the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1466

       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 and Alcohol Abuse 
     Treatment Choice Act''.

     SEC. 2. PREVENTION AND TREATMENT OF SUBSTANCE ABUSE; SERVICES 
                   PROVIDED THROUGH RELIGIOUS ORGANIZATIONS.

       Title V of the Public Health Service Act (42 U.S.C. 290aa 
     et seq.) is amended by adding at the end the following:

      ``Part G--Services Provided Through Religious Organizations

     ``SEC. 581. APPLICABILITY TO DESIGNATED PROGRAMS.

       ``(a) Designated Programs.--Subject to subsection (b), this 
     part applies to each program under this Act that makes awards 
     of Federal financial assistance to public or private entities 
     for the purpose of carrying out activities to prevent or 
     treat substance abuse (in this part referred to as a 
     `designated program'). Designated programs include the 
     program under subpart II of part B of title XIX (relating to 
     formula grants to the States).
       ``(b) Limitation.--This part does not apply to any award of 
     Federal financial assistance under a designated program for a 
     purpose other than the purpose specified in subsection (a).
       ``(c) Definitions.--For purposes of this part (and subject 
     to subsection (b)):
       ``(1) Designated award recipient.--The term `designated 
     award recipient' means a public or private entity that has 
     received an award under a designated program (whether the 
     award is a designated direct award or a designated subaward).
       ``(2) Designated direct award.--The term `designated direct 
     award' means an award under a designated program that is 
     received directly from the Federal Government.
       ``(3) Designated subaward.--The term `designated subaward' 
     means an award of financial assistance made by a non-Federal 
     entity, which award consists in whole or in part of Federal 
     financial assistance provided through an award under a 
     designated program.
       ``(4) Designated program.--The term `designated program' 
     has the meaning given such term in subsection (a).
       ``(5) Financial assistance.--The term `financial 
     assistance' means a grant, cooperative agreement, contract, 
     or voucherized assistance.
       ``(6) Program beneficiary.--The term `program beneficiary' 
     means an individual who receives program services.
       ``(7) Program participant.--The term `program participant' 
     has the meaning given such term in section 582(a)(2).
       ``(8) Program services.--The term `program services' means 
     treatment for substance abuse, or preventive services 
     regarding such abuse, provided pursuant to an award under a 
     designated program.
       ``(9) Religious organization.--The term `religious 
     organization' means a nonprofit religious organization.
       ``(10) Voucherized assistance.--The term `voucherized 
     assistance' means--
       ``(A) a system of selecting and reimbursing program 
     services in which--
       ``(i) the beneficiary is given a document or other 
     authorization that may be used to pay for program services;
       ``(ii) the beneficiary chooses the organization that will 
     provide services to him or her according to rules specified 
     by the designated award recipient; and
       ``(iii) the organization selected by the beneficiary is 
     reimbursed by the designated award recipient for program 
     services provided; or
       ``(B) any other mode of financial assistance to pay for 
     program services in which the program beneficiary determines 
     the allocation of program funds through his or her selection 
     of one service provider from among alternatives.

     ``SEC. 582. RELIGIOUS ORGANIZATIONS AS PROGRAM PARTICIPANTS.

       ``(a) In General.--
       ``(1) Scope of authority.--Notwithstanding any other 
     provision of law, a religious organization--
       ``(A) may be a designated award recipient;
       ``(B) may make designated subawards to other public or 
     nonprofit private entities (including other religious 
     organizations);
       ``(C) may provide for the provision of program services to 
     program beneficiaries through the use of voucherized 
     assistance; and
       ``(D) may be a provider of services under a designated 
     program, including a provider that accepts voucherized 
     assistance.
       ``(2) Definition of program participant.--For purposes of 
     this part, the term `program participant' means a public or 
     private entity that has received a designated direct award, 
     or a designated subaward, regardless of whether the entity 
     provides program services. Such term includes an entity whose 
     only participation in a designated program is to provide 
     program services pursuant to the acceptance of voucherized 
     assistance.
       ``(b) Religious Organizations.--The purpose of this section 
     is to allow religious organizations to be program 
     participants on the same basis as any other nonprofit private 
     provider without impairing the religious character of such 
     organizations, and without diminishing the religious freedom 
     of program beneficiaries.
       ``(c) Nondiscrimination Against Religious Organizations.--
       ``(1) Findings.--The Congress finds that the establishment 
     clause of the first amendment to the Constitution of the 
     United States does not require that--
       ``(A) social-welfare programs discriminate against faith-
     based providers of services; or
       ``(B) faith-based providers of services, as a prerequisite 
     to participation in Federal programs, abandon their religious 
     character and censor their religious expression.
       ``(2) Nondiscrimination.--Religious organizations are 
     eligible to be program participants on the same basis as any 
     other nonprofit private organization. Neither the Federal 
     Government nor a State receiving funds under such programs 
     shall discriminate against an organization that is or applies 
     to be a program participant on the basis that the 
     organization has a religious character.
       ``(d) Religious Character and Freedom.--
       ``(1) Religious organizations.--Except as provided in this 
     section, any religious organization that is a program 
     participant shall retain its independence from Federal, 
     State, and local government, including such organization's 
     control over the definition, development, practice, and 
     expression of its religious beliefs.
       ``(2) Additional safeguards.--Neither the Federal 
     Government nor a State shall require a religious organization 
     to--
       ``(A) alter its form of internal governance; or
       ``(B) remove religious art, icons, scripture, or other 
     symbols;
     in order to be a program participant.
       ``(e) Nondiscrimination in Employment.--
       ``(1) In general.--Except as provided in paragraph (2), 
     nothing in this section shall be construed to modify or 
     affect the provisions of any other Federal or State law or 
     regulation that relates to discrimination in employment on 
     the basis of religion.
       ``(2) Exception.--A religious organization that is a 
     program participant may require that an employee rendering 
     programs services adhere to--
       ``(A) the religious beliefs and practices of such 
     organization; and
       ``(B) any rules of the organization regarding the use of 
     drugs or alcohol.
       ``(f) Rights of Program Beneficiaries.--
       ``(1) Objections regarding religious organizations.--With 
     respect to an individual who is a program beneficiary or a 
     prospective program beneficiary, if the individual objects to 
     a program participant on the basis that the participant is a 
     religious organization, the following applies:
       ``(A) If the organization received a designated direct 
     award, the organization shall arrange for the individual to 
     receive program services through an alternative entity.
       ``(B) If the organization received a designated subaward, 
     the non-Federal entity that made the subaward shall arrange 
     for the individual to receive the program services through an 
     alternative program participant.
       ``(C) If the organization is providing services pursuant to 
     voucherized assistance, the designated award recipient that 
     operates the voucherized assistance program shall arrange for 
     the individual to receive the program services through an 
     alternative provider.
       ``(D) Arrangements under any of subparagraphs (A) through 
     (C) with an alternative entity shall provide for program 
     services the monetary value of which is not less than the 
     monetary value of the program services that the individual 
     would have received from the religious organization involved.
       ``(2) Nondiscrimination.--
       ``(A) In general.--Except as provided in subparagraph (B) 
     or as otherwise provided in law, a religious organization 
     that is a program participant shall not in providing program 
     services discriminate against a program beneficiary on the 
     basis of religion or religious belief.

[[Page S12134]]

       ``(B) Limitation.--A religious organization that is a 
     program participant may require a program beneficiary who has 
     elected in accordance with paragraph (1) to receive program 
     services from such organization--
       ``(i) to actively participate in religious practice, 
     worship, and instruction; and
       ``(ii) to follow rules of behavior devised by the 
     organizations that are religious in content or origin.
       ``(g) Fiscal Accountability.--
       ``(1) In general.--Except as provided in paragraph (2), any 
     religious organization that is a program participant shall be 
     subject to the same regulations as other recipients of awards 
     of Federal financial assistance to account, in accordance 
     with generally accepted auditing principles, for the use of 
     the funds provided under such awards.
       ``(2) Limited audit.--With respect to the award involved, 
     if a religious organization that is a program participant 
     maintains the Federal funds in a separate account from non-
     Federal funds, then only the Federal funds shall be subject 
     to audit.
       ``(h) Compliance.--With respect to compliance with this 
     section by an agency, a religious organization may obtain 
     judicial review of agency action in accordance with chapter 7 
     of title 5, United States Code.

     ``SEC. 583. LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES.

       ``(a) In General.--Except as provided in subsection (b), no 
     funds provided directly to an entity under a designated 
     program shall be expended for sectarian worship or 
     instruction.
       ``(b) Exception.--Subsection (a) shall not apply to 
     assistance provided to or on behalf of a program beneficiary 
     if the beneficiary may choose where such assistance is 
     redeemed or allocated.

     ``SEC. 584. ADMINISTRATION OF PROGRAM AND TREATMENT OF FUNDS.

       ``(a) Funds Not Aid to Institutions.--Financial assistance 
     under a designated program provided to or on behalf of 
     program beneficiaries is aid to the beneficiary, not to the 
     organization providing program services. The receipt by a 
     program beneficiary of program services at the facilities of 
     the organization shall not constitute Federal financial 
     assistance to the organization involved.
       ``(b) Prohibition on State Discrimination in Use of 
     Funds.--No provision in any State constitution or State law 
     shall be construed to prohibit the expenditure of Federal 
     funds under a designated program in a religious facility or 
     by a religious organization that is a program participant. If 
     a State law or constitution would prevent the expenditure of 
     State or local public funds in such a facility or by such an 
     organization, then the State or local government shall 
     segregate the Federal funds from State or other public funds 
     for purposes of carrying out the designated program.

     ``SEC. 585. EDUCATIONAL REQUIREMENTS FOR PERSONNEL IN DRUG 
                   TREATMENT PROGRAMS.

       ``(a) Findings.--The Congress finds that--
       ``(1) establishing formal educational qualification for 
     counselors and other personnel in drug treatment programs may 
     undermine the effectiveness of such programs; and
       ``(2) such formal educational requirements for counselors 
     and other personnel may hinder or prevent the provision of 
     needed drug treatment services.
       ``(b) Limitation on Educational Requirements of 
     Personnel.--
       ``(1) Treatment of religious education.--If any State or 
     local government that is a program participant imposes formal 
     educational qualifications on providers of program services, 
     including religious organizations, such State or local 
     government shall treat religious education and training of 
     personnel as having a critical and positive role in the 
     delivery of program services. In applying educational 
     qualifications for personnel in religious organizations, such 
     State or local government shall give credit for religious 
     education and training equivalent to credit given for secular 
     course work in drug treatment or any other secular subject 
     that is of similar grade level and duration.
       ``(2) Restriction of discrimination requirements.--
       ``(A) In general.--Subject to paragraph (1), a State or 
     local government that is a program participant may establish 
     formal educational qualifications for personnel in 
     organizations providing program services that contribute to 
     success in reducing drug use among program beneficiaries.
       ``(B) Exception.--The Secretary shall waive the application 
     of any educational qualification imposed under subparagraph 
     (A) for an individual religious organization, if the 
     Secretary determines that--
       ``(i) the religious organization has a record of prior 
     successful drug treatment for at least the preceding 3 years;
       ``(ii) the educational qualifications have effectively 
     barred such religious organization from becoming a program 
     provider;
       ``(iii) the organization has applied to the Secretary to 
     waive the qualifications; and
       ``(iv) the State or local government has failed to 
     demonstrate empirically that the educational qualifications 
     in question are necessary to the successful operation of a 
     drug treatment program.''.
                                 ______