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 sub-
stance 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 residen-
tial treatment programs for pregnant and parenting 
women, a program to reduce substance abuse among 
nonviolent offenders, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Family-Based Meth 
Treatment Access Act of 2009’’. 
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SEC. 2. RESIDENTIAL TREATMENT PROGRAMS FOR PREG-
NANT AND PARENTING WOMEN. 
Section 508 of the Public Health Service Act (42 
U.S.C. 290bb–1) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘postpartum women treatment for 
substance abuse’’ and inserting ‘‘parenting 
women treatment for substance abuse (includ-
ing treatment for addiction to methamphet-
amine)’’; 
(B) in paragraph (1), by striking ‘‘reside 
in’’ and inserting ‘‘reside in or receive out-
patient treatment services from’’; and 
(C) in paragraph (2), by striking ‘‘reside 
with the women in’’ and inserting ‘‘reside with 
the women in, or receive outpatient treatment 
services from,’’; 
(2) in subsection (d)(6), by inserting ‘‘, or re-
ferrals for counseling,’’ after ‘‘Counseling’’; 
(3) by amending subsection (h) to read as fol-
lows: 
‘‘(h) ACCESSIBILITY
OF
PROGRAM.—A funding 
agreement for an award under subsection (a) for an appli-
cant is that the program operated pursuant to such sub-
section will be accessible to— 
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‘‘(1) 
low-income 
pregnant 
and 
parenting 
women; and 
‘‘(2) pregnant and parenting women in health 
disparity populations.’’; 
(4) by amending subsection (m) to read as fol-
lows: 
‘‘(m) ALLOCATION OF AWARDS.—In making awards 
under subsection (a), the Director shall give priority to 
any entity that agrees to use the award for a program 
serving an area that— 
‘‘(1) is a rural area, an area designated under 
section 332 by the Administrator of the Health Re-
sources and Services Administration as a health pro-
fessional shortage area with a shortage of mental 
health professionals, or an area determined by the 
Director to have a shortage of family-based sub-
stance abuse treatment options; and 
‘‘(2) is determined by the Director to have high 
rates of addiction to methamphetamine or other 
drugs.’’; 
(5) in subsection (p)— 
(A) by striking ‘‘October 1, 1994’’ and in-
serting ‘‘October 1, 2010’’; 
(B) by inserting ‘‘In submitting reports 
under this subsection, the Director may use 
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data collected under this section or other provi-
sions of law.’’ after ‘‘biennial report under sec-
tion 501(k).’’; and 
(C) by striking ‘‘Each report under this 
subsection shall include’’ and all that follows 
and inserting ‘‘Each report under this sub-
section shall, with respect to the period for 
which the report is prepared, include the fol-
lowing: 
‘‘(1) A summary of any evaluations conducted 
under subsection (o). 
‘‘(2) Data on the number of pregnant and par-
enting women in need of, but not receiving, treat-
ment for substance abuse under programs carried 
out pursuant to this section. Such data shall include, 
but not be limited to, the number of pregnant and 
parenting women in need of, but not receiving, treat-
ment for methamphetamine abuse under such pro-
grams, disaggregated by State and tribe. 
‘‘(3) Data on recovery and relapse rates of 
women receiving treatment for substance abuse 
under programs carried out pursuant to this section, 
including data disaggregated with respect to treat-
ment for methamphetamine abuse.’’; 
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(6) by redesignating subsections (q) and (r) as 
subsections (r) and (s), respectively; 
(7) by inserting after subsection (p) the fol-
lowing: 
‘‘(q) METHAMPHETAMINE ADDICTION.—In carrying 
out this section, the Director shall expand, intensify, and 
coordinate efforts to provide to pregnant and parenting 
women treatment for methamphetamine addiction.’’; 
(8) in subsection (r) (as so redesignated)— 
(A) by redesignating paragraphs (4) and 
(5) as paragraphs (5) and (6), respectively; and 
(B) by inserting after paragraph (3) the 
following: 
‘‘(4) The term ‘health disparity population’ 
means a population in which there is a significant 
disparity in the overall rate of disease incidence, 
prevalence, morbidity, mortality, or survival rates in 
the population as compared to the health status of 
the general population.’’; and 
(9) in subsection (s) (as so redesignated), by 
striking ‘‘such sums as may be necessary to fiscal 
years 
2001 
through 
2003’’ 
and 
inserting 
‘‘$70,000,000 for each of fiscal years 2010 through 
2014’’. 
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SEC. 3. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG 
NONVIOLENT OFFENDERS: FAMILY TREAT-
MENT ALTERNATIVES TO INCARCERATION. 
Title V of the Public Health Service Act (42 U.S.C. 
290aa et seq.) is amended by inserting after section 509 
the following: 
‘‘SEC. 510. PROGRAM TO REDUCE SUBSTANCE ABUSE 
AMONG NONVIOLENT OFFENDERS: FAMILY 
TREATMENT ALTERNATIVES TO INCARCER-
ATION. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Administrator of the Substance Abuse and Mental 
Health Services Administration, shall make awards of 
grants, cooperative agreements, or contracts to public and 
nonprofit private entities for the purpose of assisting local 
jails and detention facilities in providing comprehensive, 
family-based substance abuse treatment services (includ-
ing treatment for addiction to methamphetamine) to preg-
nant and parenting adults who are considered nonviolent 
offenders. 
‘‘(b) MINIMUM QUALIFICATIONS
FOR NONPROFIT 
PRIVATE ENTITIES.—An award may be made under sub-
section (a) to an applicant that is a nonprofit private enti-
ty only if the Secretary determines that— 
‘‘(1) the applicant has the capacity to provide 
the services described in subsection (a); and 
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‘‘(2) the applicant meets all applicable State li-
censor and certification requirements regarding the 
provision of substance abuse treatment services. 
‘‘(c) REQUIREMENTS APPLICABLE TO FAMILY DRUG 
TREATMENT PROGRAM THAT IS AN ALTERNATIVE TO IN-
CARCERATION.—A grant under this section may be used 
for a family drug treatment program that is an alternative 
to incarceration only if the program complies with the fol-
lowing: 
‘‘(1) The program is a comprehensive, long- 
term family treatment program focused on the treat-
ment of the parent and child. 
‘‘(2) The program and its providers meet all ap-
plicable State licensor and certification requirements 
regarding the provision of substance abuse treat-
ment services. 
‘‘(3) Each parent offender who participates in 
the program is sentenced to, or placed with, a long- 
term family treatment program (which shall include 
a residential component). 
‘‘(4) Each parent offender who participates in 
the program serves a sentence with respect to the 
underlying crime if that parent offender does not 
successfully complete treatment with the residential 
treatment provider. 
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‘‘(5) The program has mandatory periodic drug 
testing. The Secretary shall, by prescribing guide-
lines or regulations, specify standards for the timing 
and manner of complying with such testing. The 
standards shall ensure that— 
‘‘(A) each individual participating in the 
program as an alternative to incarceration is 
tested for every controlled substance that the 
participant has been known to abuse, and for 
any other controlled substance the Secretary 
may require; and 
‘‘(B) the testing is accurate and prac-
ticable; and 
‘‘(C) the drug testing regime is a factor in 
determinations of whether program participants 
successfully complete treatment. 
‘‘(d) ALLOCATION OF AWARDS.—In making awards 
under subsection (a), the Secretary shall give priority to 
any entity that agrees to use the award for a program 
serving an area that— 
‘‘(1) is a rural area, an area designated under 
section 332 by the Administrator of the Health Re-
sources and Services Administration as a health pro-
fessional shortage area with a shortage of mental 
health professionals, or an area determined by the 
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Secretary to have a shortage of family-based sub-
stance abuse treatment options; and 
‘‘(2) is determined by the Secretary to have 
high rates of addiction to methamphetamine or other 
drugs. 
‘‘(e) DEFINITIONS.—In this section the terms ‘family 
drug treatment’, ‘family treatment’, and ‘comprehensive, 
long-term family treatment’ describe programs that pro-
vide, or are able to provide referrals for, the following serv-
ices: Substance abuse treatment, children’s early interven-
tion services, family counseling, legal services, medical 
care, mental health services, nursery and preschool, par-
enting skills training, pediatric care, prenatal care, sexual 
abuse therapy, relapse prevention, transportation, and job 
or vocational training or general equivalency diploma 
(GED) classes. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there are authorized 
to be appropriated $40,000,000 for each of fiscal years 
2010, 2011, and 2012, and $50,000,000 for each of fiscal 
years 2013 and 2014.’’. 
Æ 
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