I

107TH CONGRESS

1ST SESSION H. R. 1896

To provide assistance to States to expand and establish drug abuse treatment

programs to enable such programs to provide services to individuals

who voluntarily seek treatment for drug abuse.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 2001

Mr. DOOLEY of California introduced the following bill; which was referred to

the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide assistance to States to expand and establish drug

abuse treatment programs to enable such programs to

provide services to individuals who voluntarily seek treatment for drug abuse.

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 ‘‘Treatment on Demand

5 Assistance Act’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:
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1 (1) According to the Department of Health and

2 Human Services, each year drug and alcohol related

3 abuse kills more than 120,000 Americans.

4 (2) In 1999, an estimated 14,800,000 Ameri5 cans were current illicit drug users.

6 (3) States across the country are faced with in7 creasing demands for drug treatment programs.

8 (4) In addition, methamphetamine abuse con9 tinues to be on the rise. Methamphetamine abuse ac10 counts for 5.1 percent of all treatment admissions,

11 which was the fourth highest percentage after co12 caine, heroin, and marijuana.

13 (5) Current statistics show that methamphet14 amine use is increasing rapidly especially among the

15 nation’s youth.

16 (6) There are over 2,800,000 substance abusers

17 in America in need of treatment.

18 (7) This number exceeds the 2,137,100 persons

19 receiving treatment.

20 (8) Recent reports indicate that every addi21 tional dollar invested in substance abuse treatment

22 saves taxpayers $7.46 in societal costs.

23 (9) In California, the average cost to taxpayers

24 per inmate, per year, is $23,406 versus the national

25 average cost of $4,300 for a full treatment program.
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1 (10) Drugs and alcohol cost taxpayers nearly

2 $276,000,000,000 annually in preventable health

3 care costs, extra law enforcement, auto crashes,

4 crime and lost productivity versus $3,100,000,000

5 appropriated for substance abuse-related activities in

6 fiscal year 2000.

7 (11) Nationwide, 59 percent of police chiefs be8 lieve that drug offenders are served better by partici9 pation in treatment programs versus prisons only.

10 (12) Current treatment on demand programs

11 such as those in San Francisco and Baltimore focus

12 on the specific drug abuse needs of the local commu13 nity and should be encouraged.

14 (13) Many States have developed programs de15 signed to treat non-violent drug offenders and this

16 should be encouraged.

17 (14) Drug treatment prevention programs must

18 be increased in order to effectively address the needs

19 of those actively seeking treatment before they com20 mit a crime.

21 SEC. 3. PURPOSE.

22 It is the purpose of this Act to—

23 (1) assist individuals who seek the services of

24 drug abuse treatment programs by providing them

25 with treatment on demand;
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1 (2) provide assistance to help eliminate the

2 backlog of individuals on waiting lists to obtain drug

3 treatment for their addictions;

4 (3) enhance public safety by reducing drug-re5 lated crimes and preserving jails and prison cells for

6 serious and violent criminal offenders;

7 (4) complement the efforts of law enforcement

8 by providing additional funding to expand current

9 community-based treatment efforts and prevent the

10 recidivism of those currently in the correctional sys11 tem; and

12 (5) assist States in the implementation of alter13 native drug treatment programs that divert non-vio14 lent drug offenders to treatment programs that are

15 more suited for the rehabilitation of drug offenders.

16 SEC. 4. DEFINITIONS.

17 In this Act:

18 (1) NON-VIOLENT.—The term ‘‘non-violent’’

19 with respect to a criminal offense means an offense

20 that is not a crime of violence as defined under the

21 applicable State law.

22 (2) SECRETARY.—The term ‘‘Secretary’’ means

23 the Secretary of Health and Human Services.
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1 (3) STATE.—The term ‘‘State’’ means each of

2 the 50 States, the District of Columbia and the

3 Commonwealth of Puerto Rico.

4 SEC. 5. GRANTS FOR THE EXPANSION OF CAPACITY FOR

5 PROVIDING TREATMENT.

6 Subpart 1 of part B of title V of the Public Health

7 Service Act (42 U.S.C. 290bb et seq.), as amended by sec8 tions 3104 and 3632 of the Youth Drug and Mental

9 Health Services Act (Public Law 106–310), is amended—

10 (1) by redesignating the section 514 relating to

11 the methamphetamine and amphetamine treatment

12 initiative as section 514B and inserting such section

13 after section 514A; and

14 (2) and by adding at the end the following:

15 ‘‘SEC. 514C. TREATMENT ON DEMAND.

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

17 the Director of the Center for Substance Abuse Treat18 ment, shall—

19 ‘‘(1) award grants, contracts, or cooperative

20 agreements to public and private nonprofit entities,

21 including Native Alaskan entities and Indian tribes

22 and tribal organizations; and

23 ‘‘(2) award block grants to States;

24 for the purpose of providing substance abuse treatment

25 services.
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1 ‘‘(b) ELIGIBILITY.—

2 ‘‘(1) IN GENERAL.—To be eligible to receive a

3 grant, contract, or cooperative agreement under sub4 section (a) an entity or a State shall provide assur5 ances to the Secretary that amounts received under

6 such grant, contract, or agreement will only be used

7 for substance abuse treatment programs that have

8 been certified by the State as using licensed or cer9 tified providers.

10 ‘‘(2) APPLICATION.—An entity or State desir11 ing a grant, contract, or cooperative agreement

12 under subsection (a) shall submit an application to

13 the Secretary at such time, in such manner, and ac14 companied by such information as the Secretary may

15 reasonably require.

16 ‘‘(3) PRIORITY.—In awarding grants, contracts,

17 or cooperative agreements to entities under sub18 section (a)(1), the Secretary shall give priority to ap19 plicants who propose to eliminate the waiting lists

20 for substance abuse treatment on demand programs

21 in local communities with high incidences of drug

22 use.

23 ‘‘(c) AMOUNT.—

24 ‘‘(1) PUBLIC AND PRIVATE NONPROFIT ENTI25 TIES.—The amount of each grant, contract, or coop-
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1 erative agreement awarded to a public or private

2 nonprofit entity under subsection (a)(1) shall be de3 termined by the Secretary based on the application

4 submitted by such an entity.

5 ‘‘(2) STATES.—The amount of a block grant

6 awarded to a State under subsection (a)(2) shall be

7 determined by the Secretary based on the formula

8 contained in section 1933.

9 ‘‘(d) DURATION OF GRANTS.—The Secretary shall

10 award grants, contracts, or cooperative agreements under

11 subsection (a) for periods not to exceed 5 fiscal years.

12 ‘‘(e) REQUIREMENT OF MATCHING FUNDS.—

13 ‘‘(1) IN GENERAL.—Subject to paragraph (3),

14 the Director may not make a grant, contract or co15 operative agreement under subsection (a) unless the

16 entity or State involved agrees, with respect to the

17 costs of the program to be carried out by the entity

18 or State pursuant to such subsection, to make avail19 able (directly or through donations from public or

20 private entities) non-Federal contributions toward

21 such costs in an amount that is—

22 ‘‘(A) for the first fiscal year for which the

23 entity or State receives such a grant, contract

24 or cooperative agreement, not less than $1 for
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1 each $9 of Federal funds provided in the grant,

2 contract or cooperative agreement;

3 ‘‘(B) for any second or third such fiscal

4 year, not less than $1 for each $5 of Federal

5 funds provided in the grant, contract or cooper6 ative agreement; and

7 ‘‘(C) for any subsequent such fiscal year,

8 not less than $1 for each $3 of Federal funds

9 provided in the grant, contract or cooperative

10 agreement.

11 ‘‘(2) DETERMINATION OF AMOUNT OF NON12 FEDERAL CONTRIBUTION.—Non-Federal contribu13 tions required in paragraph (1) may be in cash or

14 in kind, fairly evaluated, including plant, equipment,

15 or services. Amounts provided by the Federal Gov16 ernment, or services assisted or subsidized to any

17 significant extent by the Federal Government, may

18 not be included in determining the amount of such

19 non-Federal contributions.

20 ‘‘(3) WAIVER.—The Director may waive the re21 quirement established in paragraph (1) if the Direc22 tor determines—

23 ‘‘(A) that extraordinary economic condi24 tions in the area to be served by the entity or

25 State involved justify the waiver; or
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1 ‘‘(B) that other circumstances exist with

2 respect to the entity or State that justify the

3 waiver, including the limited size of the entity

4 or State or the ability of the entity or State to

5 raise funds.

6 ‘‘(f) EVALUATION.—An entity or State that receives

7 a grant, contract, or cooperative agreement under sub8 section (a) shall submit, in the application for such grant,

9 contract, or cooperative agreement, a plan for the evalua10 tion of any project undertaken with funds provided under

11 this section. Such entity or State shall provide the Sec12 retary with periodic evaluations of the progress of such

13 project and such evaluation at the completion of such

14 project as the Secretary determines to be appropriate.

15 ‘‘(g) USE FOR CONSTRUCTION.—A grantee under

16 this section may use up to 25 percent of the amount

17 awarded under the grant, contract or cooperative agree18 ment under this section for the costs of construction or

19 major renovation of facilities to be used to provide sub20 stance abuse treatment services and for facility mainte21 nance.

22 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—

23 ‘‘(1) IN GENERAL.—There are authorized to be

24 appropriated to carry out this section—

25 ‘‘(A) $600,000,000 for fiscal year 2002;
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1 ‘‘(B) $1,200,000,000 for fiscal year 2003;

2 ‘‘(C) $1,800,000,000 for fiscal year 2004;

3 ‘‘(D) $2,400,000,000 for fiscal year 2005;

4 and

5 ‘‘(E) $3,000,000,000 for fiscal year 2006.

6 ‘‘(2) ALLOCATION OF FUNDS.—From the

7 amount appropriated under paragraph (1) for each

8 fiscal year, the Secretary shall allocate—

9 ‘‘(A) 50 percent of such amount to award

10 grants, contracts, or cooperative agreements to

11 public or nonprofit private entities under sub12 section (a)(1); and

13 ‘‘(B) 50 percent of such amount to award

14 grants to States under subsection (a)(2).’’.

15 SEC. 6. ALTERNATIVE TREATMENT PROGRAMS.

16 (a) GRANTS.—The Attorney General, in consultation

17 with the Secretary, shall award grants to eligible States

18 to enable such States, either directly or through the provi19 sion of assistance to counties or local municipalities, to

20 provide drug treatment services to individuals who have

21 been convicted of non-violent drug possession offenses and

22 diverted from incarceration because of the enrollment of

23 such individuals into community-based drug treatment

24 programs.
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1 (b) ELIGIBILITY.—To be eligible to receive a grant

2 under this section a State shall—

3 (1) be implementing an alternative drug treat4 ment program under which any individual in the

5 State who has been convicted of a non-violent drug

6 possession offense may be enrolled in an appropriate

7 drug treatment program as an alternative to incar8 ceration; and

9 (2) prepare and submit to the Secretary an ap10 plication at such time, in such manner, and con11 taining such information as the Secretary may re12 quire.

13 (c) USE OF FUNDS.—Amounts provided to a State

14 under a grant under this section may be used by the State

15 (or by State or local entities that receive funding from the

16 State under this section) to pay expenses associated

17 with—

18 (1) the construction of treatment facilities;

19 (2) payments to related drug treatment services

20 providers that are necessary for the effectiveness of

21 the program, including aftercare supervision, voca22 tional training, education, and job placement;

23 (3) drug testing;

24 (4) probation services;
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1 (5) counseling, including mental health services;

2 and

3 (6) the operation of drug courts.

4 (d) MATCHING REQUIREMENT.—Funds may not be

5 provided to a State under this section unless the State

6 agrees that, with respect to the costs to be incurred by

7 the State in carrying out the drug treatment program in8 volved, the State will make available (directly or through

9 donations from public or private entities) non-Federal con10 tributions toward such costs in an amount that is at least

11 equal to the amount of Federal funds provided to the

12 State under this section.

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to carry out this section, $250,000,000 for

15 each of fiscal years 2002 through 2006.

16 SEC. 7. STUDY BY THE GENERAL ACCOUNTING OFFICE.

17 (a) IN GENERAL.—The General Accounting Office

18 shall conduct a study of the use of funds under this Act

19 and the amendments made by this Act. In conducting such

20 study, the Office shall make determinations as to whether

21 such funding meets, exceeds, or falls short of the level of

22 funding needed to provide substance abuse treatment to

23 those in need.

24 (b) REPORTS.—The General Accounting Office shall

25 prepare and submit to the appropriate committees of Con-
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1 gress an interim and final report concerning the study

2 conducted under subsection (a). The reports required

3 under this subsection shall be submitted—

4 (1) with respect to the interim report, not later

5 than 2 years after the date of enactment of this Act;

6 and

7 (2) with respect to the final report, not later

8 than 4 years after the date of enactment of this Act.

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