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 Com-
mittee on the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in 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 treat-
ment for drug abuse.
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 ‘‘Treatment on Demand
Assistance Act’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Department of Health and
Human Services, each year drug and alcohol related
abuse kills more than 120,000 Americans.
(2) In 1999, an estimated 14,800,000 Ameri-
cans were current illicit drug users.
(3) States across the country are faced with in-
creasing demands for drug treatment programs.
(4) In addition, methamphetamine abuse con-
tinues to be on the rise. Methamphetamine abuse ac-
counts for 5.1 percent of all treatment admissions,
which was the fourth highest percentage after co-
caine, heroin, and marijuana.
(5) Current statistics show that methamphet-
amine use is increasing rapidly especially among the
nation’s youth.
(6) There are over 2,800,000 substance abusers
in America in need of treatment.
(7) This number exceeds the 2,137,100 persons
receiving treatment.
(8) Recent reports indicate that every addi-
tional dollar invested in substance abuse treatment
saves taxpayers $7.46 in societal costs.
(9) In California, the average cost to taxpayers
per inmate, per year, is $23,406 versus the national
average cost of $4,300 for a full treatment program.
(10) Drugs and alcohol cost taxpayers nearly
$276,000,000,000 annually in preventable health
care costs, extra law enforcement, auto crashes,
crime and lost productivity versus $3,100,000,000
appropriated for substance abuse-related activities in
fiscal year 2000.
(11) Nationwide, 59 percent of police chiefs be-
lieve that drug offenders are served better by partici-
pation in treatment programs versus prisons only.
(12) Current treatment on demand programs
such as those in San Francisco and Baltimore focus
on the specific drug abuse needs of the local commu-
nity and should be encouraged.
(13) Many States have developed programs de-
signed to treat non-violent drug offenders and this
should be encouraged.
(14) Drug treatment prevention programs must
be increased in order to effectively address the needs
of those actively seeking treatment before they com-
mit a crime.
SEC. 3. PURPOSE.
It is the purpose of this Act to—
(1) assist individuals who seek the services of
drug abuse treatment programs by providing them
with treatment on demand;
(2) provide assistance to help eliminate the
backlog of individuals on waiting lists to obtain drug
treatment for their addictions;
(3) enhance public safety by reducing drug-re-
lated crimes and preserving jails and prison cells for
serious and violent criminal offenders;
(4) complement the efforts of law enforcement
by providing additional funding to expand current
community-based treatment efforts and prevent the
recidivism of those currently in the correctional sys-
tem; and
(5) assist States in the implementation of alter-
native drug treatment programs that divert non-vio-
lent drug offenders to treatment programs that are
more suited for the rehabilitation of drug offenders.
SEC. 4. DEFINITIONS.
In this Act:
(1) NON-VIOLENT.—The term ‘‘non-violent’’
with respect to a criminal offense means an offense
that is not a crime of violence as defined under the
applicable State law.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Health and Human Services.
(3) STATE.—The term ‘‘State’’ means each of
the 50 States, the District of Columbia and the
Commonwealth of Puerto Rico.
SEC. 5. GRANTS FOR THE EXPANSION OF CAPACITY FOR
PROVIDING TREATMENT.
Subpart 1 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb et seq.), as amended by sec-
tions 3104 and 3632 of the Youth Drug and Mental
Health Services Act (Public Law 106–310), is amended—
(1) by redesignating the section 514 relating to
the methamphetamine and amphetamine treatment
initiative as section 514B and inserting such section
after section 514A; and
(2) and by adding at the end the following:
‘‘SEC. 514C. TREATMENT ON DEMAND.
‘‘(a) IN GENERAL.—The Secretary, acting through
the Director of the Center for Substance Abuse Treat-
ment, shall—
‘‘(1) award grants, contracts, or cooperative
agreements to public and private nonprofit entities,
including Native Alaskan entities and Indian tribes
and tribal organizations; and
‘‘(2) award block grants to States;
for the purpose of providing substance abuse treatment
services.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—To be eligible to receive a
grant, contract, or cooperative agreement under sub-
section (a) an entity or a State shall provide assur-
ances to the Secretary that amounts received under
such grant, contract, or agreement will only be used
for substance abuse treatment programs that have
been certified by the State as using licensed or cer-
tified providers.
‘‘(2) APPLICATION.—An entity or State desir-
ing a grant, contract, or cooperative agreement
under subsection (a) shall submit an application to
the Secretary at such time, in such manner, and ac-
companied by such information as the Secretary may
reasonably require.
‘‘(3) PRIORITY.—In awarding grants, contracts,
or cooperative agreements to entities under sub-
section (a)(1), the Secretary shall give priority to ap-
plicants who propose to eliminate the waiting lists
for substance abuse treatment on demand programs
in local communities with high incidences of drug
use.
‘‘(c) AMOUNT.—
‘‘(1) PUBLIC AND PRIVATE NONPROFIT ENTI-
TIES.—The amount of each grant, contract, or coop-
‘‘(B) that other circumstances exist with
respect to the entity or State that justify the
waiver, including the limited size of the entity
or State or the ability of the entity or State to
raise funds.
‘‘(f) EVALUATION.—An entity or State that receives
a grant, contract, or cooperative agreement under sub-
section (a) shall submit, in the application for such grant,
contract, or cooperative agreement, a plan for the evalua-
tion of any project undertaken with funds provided under
this section. Such entity or State shall provide the Sec-
retary with periodic evaluations of the progress of such
project and such evaluation at the completion of such
project as the Secretary determines to be appropriate.
‘‘(g) USE FOR CONSTRUCTION.—A grantee under
this section may use up to 25 percent of the amount
awarded under the grant, contract or cooperative agree-
ment under this section for the costs of construction or
major renovation of facilities to be used to provide sub-
stance abuse treatment services and for facility mainte-
nance.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated to carry out this section—
‘‘(A) $600,000,000 for fiscal year 2002;
‘‘(B) $1,200,000,000 for fiscal year 2003;
‘‘(C) $1,800,000,000 for fiscal year 2004;
‘‘(D) $2,400,000,000 for fiscal year 2005;
and
‘‘(E) $3,000,000,000 for fiscal year 2006.
‘‘(2) ALLOCATION
OF
FUNDS.—From the
amount appropriated under paragraph (1) for each
fiscal year, the Secretary shall allocate—
‘‘(A) 50 percent of such amount to award
grants, contracts, or cooperative agreements to
public or nonprofit private entities under sub-
section (a)(1); and
‘‘(B) 50 percent of such amount to award
grants to States under subsection (a)(2).’’.
SEC. 6. ALTERNATIVE TREATMENT PROGRAMS.
(a) GRANTS.—The Attorney General, in consultation
with the Secretary, shall award grants to eligible States
to enable such States, either directly or through the provi-
sion of assistance to counties or local municipalities, to
provide drug treatment services to individuals who have
been convicted of non-violent drug possession offenses and
diverted from incarceration because of the enrollment of
such individuals into community-based drug treatment
programs.
(b) ELIGIBILITY.—To be eligible to receive a grant
under this section a State shall—
(1) be implementing an alternative drug treat-
ment program under which any individual in the
State who has been convicted of a non-violent drug
possession offense may be enrolled in an appropriate
drug treatment program as an alternative to incar-
ceration; and
(2) prepare and submit to the Secretary an ap-
plication at such time, in such manner, and con-
taining such information as the Secretary may re-
quire.
(c) USE OF FUNDS.—Amounts provided to a State
under a grant under this section may be used by the State
(or by State or local entities that receive funding from the
State under this section) to pay expenses associated
with—
(1) the construction of treatment facilities;
(2) payments to related drug treatment services
providers that are necessary for the effectiveness of
the program, including aftercare supervision, voca-
tional training, education, and job placement;
(3) drug testing;
(4) probation services;
(5) counseling, including mental health services;
and
(6) the operation of drug courts.
(d) MATCHING REQUIREMENT.—Funds may not be
provided to a State under this section unless the State
agrees that, with respect to the costs to be incurred by
the State in carrying out the drug treatment program in-
volved, the State will make available (directly or through
donations from public or private entities) non-Federal con-
tributions toward such costs in an amount that is at least
equal to the amount of Federal funds provided to the
State under this section.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to carry out this section, $250,000,000 for
each of fiscal years 2002 through 2006.
SEC. 7. STUDY BY THE GENERAL ACCOUNTING OFFICE.
(a) IN GENERAL.—The General Accounting Office
shall conduct a study of the use of funds under this Act
and the amendments made by this Act. In conducting such
study, the Office shall make determinations as to whether
such funding meets, exceeds, or falls short of the level of
funding needed to provide substance abuse treatment to
those in need.
(b) REPORTS.—The General Accounting Office shall
prepare and submit to the appropriate committees of Con-
gress an interim and final report concerning the study
conducted under subsection (a). The reports required
under this subsection shall be submitted—
(1) with respect to the interim report, not later
than 2 years after the date of enactment of this Act;
and
(2) with respect to the final report, not later
than 4 years after the date of enactment of this Act.
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