I 

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. 

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 2009’’. 


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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 subsection (a)— 

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

7 by striking ‘‘postpartum women treatment for 

8 substance abuse’’ and inserting ‘‘parenting 

9 women treatment for substance abuse (includ10 ing treatment for addiction to methamphet11 amine)’’; 

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

13 in’’ and inserting ‘‘reside in or receive out14 patient treatment services from’’; and 

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

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

17 the women in, or receive outpatient treatment 

18 services from,’’; 

19 (2) in subsection (d)(6), by inserting ‘‘, or re20 ferrals for counseling,’’ after ‘‘Counseling’’; 

21 (3) by amending subsection (h) to read as fol22 lows: 

23 ‘‘(h) ACCESSIBILITY OF PROGRAM.—A funding 

24 agreement for an award under subsection (a) for an appli25 cant is that the program operated pursuant to such sub26 section will be accessible to— 


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1 ‘‘(1) low-income pregnant and parenting 

2 women; and 

3 ‘‘(2) pregnant and parenting women in health 

4 disparity populations.’’; 

5 (4) by amending subsection (m) to read as fol6 lows: 

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

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

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

10 serving an area that— 

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

12 section 332 by the Administrator of the Health Re13 sources and Services Administration as a health pro14 fessional shortage area with a shortage of mental 

15 health professionals, or an area determined by the 

16 Director to have a shortage of family-based sub17 stance abuse treatment options; and 

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

19 rates of addiction to methamphetamine or other 

20 drugs.’’; 

21 (5) in subsection (p)— 

22 (A) by striking ‘‘October 1, 1994’’ and in23 serting ‘‘October 1, 2010’’; 

24 (B) by inserting ‘‘In submitting reports 

25 under this subsection, the Director may use 


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1 data collected under this section or other provi2 sions of law.’’ after ‘‘biennial report under sec3 tion 501(k).’’; and 

4 (C) by striking ‘‘Each report under this 

5 subsection shall include’’ and all that follows 

6 and inserting ‘‘Each report under this sub7 section shall, with respect to the period for 

8 which the report is prepared, include the fol9 lowing: 

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

11 under subsection (o). 

12 ‘‘(2) Data on the number of pregnant and par13 enting women in need of, but not receiving, treat14 ment for substance abuse under programs carried 

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

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

17 parenting women in need of, but not receiving, treat18 ment for methamphetamine abuse under such pro19 grams, disaggregated by State and tribe. 

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

21 women receiving treatment for substance abuse 

22 under programs carried out pursuant to this section, 

23 including data disaggregated with respect to treat24 ment for methamphetamine abuse.’’; 


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1 (6) by redesignating subsections (q) and (r) as 

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

3 (7) by inserting after subsection (p) the fol4 lowing: 

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

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

7 coordinate efforts to provide to pregnant and parenting 

8 women treatment for methamphetamine addiction.’’; 

9 (8) in subsection (r) (as so redesignated)— 

10 (A) by redesignating paragraphs (4) and 

11 (5) as paragraphs (5) and (6), respectively; and 

12 (B) by inserting after paragraph (3) the 

13 following: 

14 ‘‘(4) The term ‘health disparity population’ 

15 means a population in which there is a significant 

16 disparity in the overall rate of disease incidence, 

17 prevalence, morbidity, mortality, or survival rates in 

18 the population as compared to the health status of 

19 the general population.’’; and 

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

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

22 years 2001 through 2003’’ and inserting 

23 ‘‘$70,000,000 for each of fiscal years 2010 through 

24 2014’’. 


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1 SEC. 3. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG 

2 NONVIOLENT OFFENDERS: FAMILY TREAT3 MENT ALTERNATIVES TO INCARCERATION. 

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

5 290aa et seq.) is amended by inserting after section 509 

6 the following: 

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

8 AMONG NONVIOLENT OFFENDERS: FAMILY 

9 TREATMENT ALTERNATIVES TO INCARCER10 ATION. 

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

12 the Administrator of the Substance Abuse and Mental 

13 Health Services Administration, shall make awards of 

14 grants, cooperative agreements, or contracts to public and 

15 nonprofit private entities for the purpose of assisting local 

16 jails and detention facilities in providing comprehensive, 

17 family-based substance abuse treatment services (includ18 ing treatment for addiction to methamphetamine) to preg19 nant and parenting adults who are considered nonviolent 

20 offenders. 

21 ‘‘(b) MINIMUM QUALIFICATIONS FOR NONPROFIT

22 PRIVATE ENTITIES.—An award may be made under sub23 section (a) to an applicant that is a nonprofit private enti24 ty only if the Secretary determines that— 

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

26 the services described in subsection (a); and 


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1 ‘‘(2) the applicant meets all applicable State li2 censor and certification requirements regarding the 

3 provision of substance abuse treatment services. 

4 ‘‘(c) REQUIREMENTS APPLICABLE TO FAMILY DRUG

5 TREATMENT PROGRAM THAT IS AN ALTERNATIVE TO IN6 CARCERATION.—A grant under this section may be used 

7 for a family drug treatment program that is an alternative 

8 to incarceration only if the program complies with the fol9 lowing: 

10 ‘‘(1) The program is a comprehensive, long11 term family treatment program focused on the treat12 ment of the parent and child. 

13 ‘‘(2) The program and its providers meet all ap14 plicable State licensor and certification requirements 

15 regarding the provision of substance abuse treat16 ment services. 

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

18 the program is sentenced to, or placed with, a long19 term family treatment program (which shall include 

20 a residential component). 

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

22 the program serves a sentence with respect to the 

23 underlying crime if that parent offender does not 

24 successfully complete treatment with the residential 

25 treatment provider. 


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

2 testing. The Secretary shall, by prescribing guide3 lines or regulations, specify standards for the timing 

4 and manner of complying with such testing. The 

5 standards shall ensure that— 

6 ‘‘(A) each individual participating in the 

7 program as an alternative to incarceration is 

8 tested for every controlled substance that the 

9 participant has been known to abuse, and for 

10 any other controlled substance the Secretary 

11 may require; and 

12 ‘‘(B) the testing is accurate and prac13 ticable; and 

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

15 determinations of whether program participants 

16 successfully complete treatment. 

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

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

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

20 serving an area that— 

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

22 section 332 by the Administrator of the Health Re23 sources and Services Administration as a health pro24 fessional shortage area with a shortage of mental 

25 health professionals, or an area determined by the 


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1 Secretary to have a shortage of family-based sub2 stance abuse treatment options; and 

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

4 high rates of addiction to methamphetamine or other 

5 drugs. 

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

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

8 long-term family treatment’ describe programs that pro9 vide, or are able to provide referrals for, the following serv10 ices: Substance abuse treatment, children’s early interven11 tion services, family counseling, legal services, medical 

12 care, mental health services, nursery and preschool, par13 enting skills training, pediatric care, prenatal care, sexual 

14 abuse therapy, relapse prevention, transportation, and job 

15 or vocational training or general equivalency diploma 

16 (GED) classes. 

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

18 purpose of carrying out this section, there are authorized 

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

20 2010, 2011, and 2012, and $50,000,000 for each of fiscal 

21 years 2013 and 2014.’’. 

Æ 


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