[Congressional Record Volume 145, Number 59 (Wednesday, April 28, 1999)]
[Senate]
[Pages S4367-S4369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ABRAHAM:
  S. 906. A bill to establish a grant program to enable States to 
establish and maintain pilot drug testing and drug treatment programs 
for welfare recipients engaging in illegal drug use, and for other 
purposes; to the Committee on Finance.


     drug testing and treatment for welfare recipients act of 1999

  Mr. ABRAHAM. Mr. President, I rise to introduce the Drug Testing and 
Treatment for Welfare Recipients Act of 1999. This legislation would 
establish a pilot program encouraging up to 5 States to implement drug 
testing and treatment programs for people receiving assistance through 
the Temporary Assistance to Needy Families Block Grant (TANF); the AFDC 
replacement established through the 1996 welfare reform law. It would 
fund these programs through three year competitive grants,

[[Page S4368]]

providing States with the resources and flexibility they need to 
establish the most effective drug testing and treatment programs for 
their communities.
  Mr. President, across the nation, welfare caseloads are dropping. 
More and more welfare recipients are working to provide for their 
families and moving closer to complete independence from public 
assistance. According to the Congressional Research Service, in March 
of 1994 5.1 million families received assistance through the Aid to 
Families with Dependent Children program (AFDC). By September of 1998, 
those numbers had dropped to 2.9 million families receiving assistance 
through the Temporary Assistance to Needy Families (TANF) block grant 
program.
  This 43% decline in the welfare caseload is encouraging. But it 
should not stop our efforts to help those hard-to-serve cases still on 
the rolls. Individuals who continue to receive welfare payments face 
daunting barriers to employment. One such barrier is drug addiction. 
People who are addicted to drugs have great trouble concentrating, 
keeping set schedules and maintaining basic order in their lives. For 
them, steady employment is often simply out of reach.
  According to the Administration's Office of National Drug Control 
Policy, drug abuse has plagued America for over a century. It has torn 
families apart, regardless of socio-economic background as it has 
destroyed individual lives and spawned crime and social breakdown. 
Drugs pose a threat to the individual, the family, and the community. 
Individuals dependent on illegal substances cannot take care of 
themselves, much less their children, and drug dependence often leads 
to other crimes. Desperate to feed their addiction, abusers are often 
forced into theft, assault, or even worse crimes in the search for that 
next hit.
  Today, an estimated 12.8 million Americans use illegal drugs. 
Approximately 45% of Americans know someone with a substance abuse 
problem. And the problem is particularly acute among young people 
preparing to enter adult life and the adult workforce. 25 percent of 
12th graders still use illegal drugs regularly, as do 20 percent of 
10th graders and 12 percent of 8th graders.
  To combat the debilitating effects of drugs on addicts and those 
around them, this bill would enable States to fund drug testing and 
treatment programs for welfare recipients in their communities. It 
would do this by establishing a three year competitive grant program. 
States would apply for this grant by submitting a drug testing and 
treatment plan for their welfare recipients. The Secretary of Health 
and Human Services would then award the grant to up to 5 states in the 
amount of $1.5 million per year per state for three years, bringing the 
total cost of this grant program to $22.5 million.

  The award decision will be based on two factors: (1) the need and 
ability of the State to address drug abuse by welfare recipients and 
(2) the ability of the State to continue such testing and treatment 
programs after the 3 year grant subsidies. Upon receiving the grant, 
States would be required to distribute the monies to entities already 
receiving funds through the Federal Substance Abuse Prevention and 
Treatment block grant (SAPT), the primary tool the federal government 
uses to support State substance abuse prevention and treatment 
programs. The States may allocate the funds in any manner they deem 
appropriate to establish programs that best serve their communities.
  Mr. President, we often talk about breaking the cycle of poverty, and 
I believe that goes hand in hand with winning the drug war. I would 
like to read a brief quotation from the Administration's Office of 
National Drug Control Policy's National Drug Control Strategy. I think 
it makes an important point: ``While drug use and its consequences 
threaten Americans of every socio-economic background * * * the effects 
of drug use are often felt disproportionally. Neighborhoods where 
illegal drug markets flourish are plagued by attendant crime and 
violence.'' I have always been a strong advocate of community renewal 
and I truly believe that when we begin building drug-free families, 
safer streets, safer communities and more opportunities for our 
nation's economically disadvantaged will follow.
  Treatment for welfare recipients engaged in illegal drug use is the 
most important form of assistance they will ever receive. The Office of 
National Drug Control Policy points out that ``Americans who lack 
comprehensive health plans and have smaller incomes may be less able to 
afford treatment programs to overcome drug dependence.''
  Mr. President, this bill would put drug treatment dollars in the 
hands of those who need it most. States need these funds to help 
finance more comprehensive treatment programs not covered by Medicaid. 
Comprehensive services are desperately needed for the most serious 
victims of drug abuse. This grant program constitutes a small 
investment that would encourage States to address drug abuse by welfare 
recipients, further reducing rates of welfare dependency and other 
social problems related to drug addiction.
  Ultimately, our goal is to help individuals provide for their 
families and achieve independence by breaking the cycle of dependency. 
This legislation will help significantly in that effort and I encourage 
my colleagues to give it their support.
  Mr. President, I ask unanimous consent that the bill and a section-
by-section analysis be printed in the Record.
  There being no objection, the materials were ordered to be printed in 
the Record, as follows:

                                 S. 906

       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 Testing and Treatment 
     for Welfare Recipients Act of 1999''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to create a grant program that 
     assists States in establishing and maintaining pilot drug 
     testing and drug treatment programs for welfare recipients 
     who have a commitment to overcoming their substance abuse 
     problems and are in acute need of overcoming such problems.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Drug.--The term ``drug'' means a drug within the 
     meaning of subpart II of part B of title XIX of the Public 
     Health Service Act (42 U.S.C. 300x-21 et seq.).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (3) Welfare agency.--The term ``welfare agency'' means a 
     State agency carrying out a program described in paragraph 
     (4).
       (4) Welfare recipient.--The term ``welfare recipient'' 
     means an individual in a State who is receiving assistance 
     under the State temporary assistance for needy families 
     program established under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.).

     SEC. 4. PROGRAM AUTHORIZED.

       The Secretary may award grants to States to establish and 
     maintain pilot drug testing programs and drug treatment 
     programs for welfare recipients in each State that receives a 
     grant.

     SEC. 5. APPLICATIONS.

       (a) In General.--To be eligible to receive a grant under 
     this Act, a State shall submit an application to the 
     Secretary.
       (b) Contents.--Each application submitted pursuant to 
     subsection (a) shall--
       (1) describe a program to provide drug testing for welfare 
     recipients in the State; and
       (2) describe a drug treatment program for welfare 
     recipients in the State that provides treatment if such a 
     recipient receives a positive result on a test described in 
     paragraph (1).

     SEC. 6. CRITERIA FOR AWARD OF GRANTS.

       (a) In General.--The Secretary shall award grants to 
     eligible States under section 4 on a competitive basis in 
     accordance with the criteria set out in subsection (b).
       (b) Criteria.--The Secretary shall award grants to eligible 
     States based on the following criteria:
       (1) The need and ability of a State to address drug use by 
     welfare recipients.
       (2) The ability of the State to continue the State programs 
     established under this Act after the grant program 
     established under this Act is concluded.

     SEC. 7. AWARDS.

       (a) Amount of Grant.--The Secretary shall award a grant 
     under this Act in the amount of $1,500,000 per year.
       (b) Duration.--The Secretary shall award a grant under this 
     Act for a period of 3 years.
       (c) Limitation on Number of Grants.--The Secretary shall 
     award grants under this Act to not more than 5 States.

     SEC. 8. USE OF FUNDS.

       (a) In General.--A State that receives a grant under this 
     Act shall use the funds made available through the grant to 
     establish and maintain the programs described in the 
     application submitted by the State under section 5.
       (b) Distribution by States.--Each State receiving a grant 
     under this Act shall distribute grant funds only to entities 
     that are

[[Page S4369]]

     receiving assistance under subpart II of part B of title XIX 
     of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this Act.
                                  ____


Drug Testing and Treatment for Welfare Recipients Act of 1999--Section-
                          by-Section Analysis

       A bill to establish a grant program to enable States to 
     establish and maintain pilot drug testing and drug treatment 
     programs for welfare recipients engaging in illegal drug use, 
     and for other purposes.
     Section 1. Short Title.
       The act may be cited as the ``Drug Testing and Treatment 
     for Welfare Recipients Act of 1999''.
     Section 2. Purpose.
       The purpose of this Act is to create a grant program that 
     assists States in establishing and maintaining pilot drug 
     testing and drug treatment programs for welfare recipients 
     that have an acute and intensive need in overcoming drug 
     abuse.
     Section 3. Definitions.
       This section defines various terms used in the bill. 
     Significantly, for the purposes of this legislation, a 
     welfare recipient is defined as an individual receiving 
     assistance under the State temporary assistance for needy 
     families (TANF) grant program. A welfare agency is any State 
     agency that carries out the TANF program.
     Section 4. Program Authorized.
       This section states that the Secretary of Health and Human 
     Services may award grants to States to establish and maintain 
     pilot drug testing and treatment programs in each State 
     receiving the grant.
     Section 5. Applications.
       To receive a grant, a State must submit an application to 
     the Secretary of Health and Human Services that describes a 
     program to provide drug testing and treatment for welfare 
     recipients in the State.
     Section 6. Criteria for award of grants.
       These grants will be awarded on a competitive basis and 
     shall be based on the need and ability of the State to 
     address drug use by welfare recipients and the ability of the 
     State to continue such testing and treatment programs after 
     this Act sunsets.
     Section 7. Awards.
       The Secretary will award the grant to no more than 5 
     States. Each grant will be $1.5 million dollars per year for 
     three years. That brings the total cost of this Act to $22.5 
     million dollars.
     Section 8. Use of Funds.
       The State shall distribute grant funds to those entities 
     that currently receive federal funding in the form of the 
     Substance Abuse Prevention and Treatment block grant (SAPT). 
     The grant money, which will be allotted in amounts determined 
     solely by the States, will be used for treatment purposes.
     Section 9. Authorization of Appropriations.
       This section authorizes to be appropriated such sums as may 
     be necessary to carry out this Act.
                                 ______