II 

110TH CONGRESS 

1ST SESSION S. 884 

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 SENATE OF THE UNITED STATES 

MARCH 14, 2007 

Mr. DURBIN (for himself and Mr. COLEMAN) 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 Service Act regarding residential treatment programs for pregnant and parenting 

women, a program to reduce substance abuse among 

nonviolent offenders, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Family-Based Meth 

5 Treatment Access Act of 2007’’. 


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1 SEC. 2. RESIDENTIAL TREATMENT PROGRAMS FOR PREG2 NANT AND PARENTING WOMEN. 

3 Section 508 of the Public Health Service Act (42 

4 U.S.C. 290bb–1) is amended— 

5 (1) in the section heading, by striking ‘‘PREG6 NANT AND POSTPARTUM WOMEN’’ and inserting 

7 ‘‘PREGNANT AND PARENTING WOMEN’’; 

8 (2) in subsection (a)— 

9 (A) in the matter preceding paragraph (1), 

10 by striking ‘‘postpartum women treatment for 

11 substance abuse’’ and inserting ‘‘parenting 

12 women treatment for substance abuse (includ13 ing treatment for addiction to methamphet14 amine)’’; 

15 (B) in paragraph (1), by striking ‘‘reside 

16 in’’ and inserting ‘‘reside in or receive out17 patient treatment services from’’; and 

18 (C) in paragraph (2), by striking ‘‘reside 

19 with the women in’’ and inserting ‘‘reside with 

20 the women in, or receive outpatient treatment 

21 services from,’’; 

22 (3) in subsection (d)(6), by inserting ‘‘, or re23 ferrals for counseling,’’ after ‘‘Counseling’’; 

24 (4) in subsection (h)(1), by striking ‘‘pregnant 

25 and postpartum women’’ and inserting ‘‘pregnant 

26 and parenting women’’; 


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1 (5) by amending subsection (m) to read as fol2 lows: 

3 ‘‘(m) ALLOCATION OF AWARDS.—In making awards 

4 under subsection (a), the Director shall give priority to 

5 any entity that agrees to use the award for a program 

6 serving an area that— 

7 ‘‘(1) is a rural area, an area designated under 

8 section 332 by the Administrator of the Health Re9 sources and Services Administration as a health pro10 fessional shortage area with a shortage of mental 

11 health professionals, or an area determined by the 

12 Director to have a shortage of family-based sub13 stance abuse treatment options; and 

14 ‘‘(2) is determined by the Director to have high 

15 rates of addiction to methamphetamine or other 

16 drugs.’’; 

17 (6) in subsection (p), by— 

18 (A) striking ‘‘October 1, 1994’’ and insert19 ing ‘‘October 1, 2008’’; 

20 (B) striking ‘‘Committee on Labor and 

21 Human Resources’’ and inserting ‘‘Committee 

22 on Health, Education, Labor, and Pensions’’; 

23 (C) inserting ‘‘In submitting reports under 

24 this subsection, the Director may use data col25 lected under this section or other provisions of 


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1 law.’’ after ‘‘biennial report under section 

2 501(k).’’; and 

3 (D) striking ‘‘Each report under this sub4 section shall include’’ and all that follows and 

5 inserting ‘‘Each report under this subsection 

6 shall, with respect to the period for which the 

7 report is prepared, include the following: 

8 ‘‘(1) A summary of any evaluations conducted 

9 under subsection (o). 

10 ‘‘(2) Data on the number of pregnant and par11 enting women in need of, but not receiving, treat12 ment for substance abuse under programs carried 

13 out pursuant to this section. Such data shall include, 

14 but not be limited to, the number of pregnant and 

15 parenting women in need of, but not receiving, treat16 ment for methamphetamine abuse under such pro17 grams, disaggregated by State and tribe. 

18 ‘‘(3) Data on recovery and relapse rates of 

19 women receiving treatment for substance abuse 

20 under programs carried out pursuant to this section, 

21 including data disaggregated with respect to treat22 ment for methamphetamine abuse.’’; 

23 (7) by redesignating subsections (q) and (r) as 

24 subsections (r) and (s), respectively; 


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1 (8) by inserting after subsection (p) the fol2 lowing: 

3 ‘‘(q) METHAMPHETAMINE ADDICTION.—In carrying 

4 out this section, the Director shall expand, intensify, and 

5 coordinate efforts to provide to pregnant and parenting 

6 women treatment for methamphetamine addiction.’’; and 

7 (9) in subsection (s) (as so redesignated), by 

8 striking ‘‘such sums as may be necessary to fiscal 

9 years 2001 through 2003’’ and inserting 

10 ‘‘$70,000,000 for each of fiscal years 2008 through 

11 2012’’. 

12 SEC. 3. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG 

13 NONVIOLENT OFFENDERS: FAMILY TREAT14 MENT ALTERNATIVES TO INCARCERATION. 

15 Title V of the Public Health Service Act (42 U.S.C. 

16 290aa et seq.) is amended by inserting after section 509 

17 the following: 

18 ‘‘SEC. 510. PROGRAM TO REDUCE SUBSTANCE ABUSE 

19 AMONG NONVIOLENT OFFENDERS: FAMILY 

20 TREATMENT ALTERNATIVES TO INCARCER21 ATION. 

22 ‘‘(a) IN GENERAL.—The Secretary, acting through 

23 the Administrator of the Substance Abuse and Mental 

24 Health Services Administration, shall make awards of 

25 grants, cooperative agreements, or contracts to public and 


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1 nonprofit private entities for the purpose of assisting local 

2 jails and detention facilities in providing comprehensive, 

3 family-based substance abuse treatment services (includ4 ing treatment for addiction to methamphetamine) to preg5 nant and parenting adults who are considered nonviolent 

6 offenders. 

7 ‘‘(b) MINIMUM QUALIFICATIONS FOR NONPROFIT

8 PRIVATE ENTITIES.—An award may be made under sub9 section (a) to an applicant that is a nonprofit private enti10 ty only if the Secretary determines that— 

11 ‘‘(1) the applicant has the capacity to provide 

12 the services described in subsection (a); and 

13 ‘‘(2) the applicant meets all applicable State li14 censor and certification requirements regarding the 

15 provision of substance abuse treatment services. 

16 ‘‘(c) REQUIREMENTS APPLICABLE TO FAMILY DRUG

17 TREATMENT PROGRAM THAT ISAN ALTERNATIVE TO IN18 CARCERATION.—A grant under this section may be used 

19 for a family drug treatment program that is an alternative 

20 to incarceration only if the program complies with the fol21 lowing: 

22 ‘‘(1) The program is a comprehensive, long23 term family treatment program focused on the treat24 ment of the parent and child. 


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1 ‘‘(2) The program and its providers meet all ap2 plicable State licensor and certification requirements 

3 regarding the provision of substance abuse treat4 ment services. 

5 ‘‘(3) Each parent offender who participates in 

6 the program is sentenced to, or placed with, a long7 term family treatment program (which shall include 

8 a residential component). 

9 ‘‘(4) Each parent offender who participates in 

10 the program serves a sentence with respect to the 

11 underlying crime if that parent offender does not 

12 successfully complete treatment with the residential 

13 treatment provider. 

14 ‘‘(5) The program has mandatory periodic drug 

15 testing. The Secretary shall, by prescribing guide16 lines or regulations, specify standards for the timing 

17 and manner of complying with such testing. The 

18 standards shall ensure that— 

19 ‘‘(A) each individual participating in the 

20 program as an alternative to incarceration is 

21 tested for every controlled substance that the 

22 participant has been known to abuse, and for 

23 any other controlled substance the Secretary 

24 may require; and 


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1 ‘‘(B) the testing is accurate and prac2 ticable; and 

3 ‘‘(C) the drug testing regime is a factor in 

4 determinations of whether program participants 

5 successfully complete treatment. 

6 ‘‘(d) ALLOCATION OF AWARDS.—In making awards 

7 under subsection (a), the Secretary shall give priority to 

8 any entity that agrees to use the award for a program 

9 serving an area that— 

10 ‘‘(1) is a rural area, an area designated under 

11 section 332 by the Administrator of the Health Re12 sources and Services Administration as a health pro13 fessional shortage area with a shortage of mental 

14 health professionals, or an area determined by the 

15 Secretary to have a shortage of family-based sub16 stance abuse treatment options; and 

17 ‘‘(2) is determined by the Secretary to have 

18 high rates of addiction to methamphetamine or other 

19 drugs. 

20 ‘‘(e) DEFINITIONS.—In this section the terms ‘family 

21 drug treatment’, ‘family treatment’, and ‘comprehensive, 

22 long-term family treatment’ describe programs that pro23 vide, or are able to provide referrals for, the following serv24 ices: Substance abuse treatment, children’s early interven25 tion services, family counseling, legal services, medical 


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1 care, mental health services, nursery and preschool, par2 enting skills training, pediatric care, prenatal care, sexual 

3 abuse therapy, relapse prevention, transportation, and job 

4 or vocational training or general equivalency diploma 

5 (GED) classes. 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the 

7 purpose of carrying out this section, there are authorized 

8 to be appropriated $40,000,000 for each of fiscal years 

9 2008, 2009, and 2010, and $50,000,000 for each of fiscal 

10 years 2011 and 2012.’’. 

Æ 


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