Directs the Attorney General, in consultation with the Secretary, shall award grants to eligible States to enable such States, either directly or through the provision 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.
Requires a study by the General Accounting Office of the use funds under this Act.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1896 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives 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 Americans were current
illicit drug users.
(3) States across the country are faced with increasing
demands for drug treatment programs.
(4) In addition, methamphetamine abuse continues to be on
the rise. Methamphetamine abuse accounts for 5.1 percent of all
treatment admissions, which was the fourth highest percentage
after cocaine, heroin, and marijuana.
(5) Current statistics show that methamphetamine 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 additional 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 believe that
drug offenders are served better by participation 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 community and should be encouraged.
(13) Many States have developed programs designed 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 commit 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-related 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 system; and
(5) assist States in the implementation of alternative drug
treatment programs that divert non-violent 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 sections 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 Treatment, 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 subsection (a) an
entity or a State shall provide assurances 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 certified
providers.
``(2) Application.--An entity or State desiring a grant,
contract, or cooperative agreement under subsection (a) shall
submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(3) Priority.--In awarding grants, contracts, or
cooperative agreements to entities under subsection (a)(1), the
Secretary shall give priority to applicants 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 entities.--The amount of
each grant, contract, or cooperative agreement awarded to a
public or private nonprofit entity under subsection (a)(1)
shall be determined by the Secretary based on the application
submitted by such an entity.
``(2) States.--The amount of a block grant awarded to a
State under subsection (a)(2) shall be determined by the
Secretary based on the formula contained in section 1933.
``(d) Duration of Grants.--The Secretary shall award grants,
contracts, or cooperative agreements under subsection (a) for periods
not to exceed 5 fiscal years.
``(e) Requirement of Matching Funds.--
``(1) In general.--Subject to paragraph (3), the Director
may not make a grant, contract or cooperative agreement under
subsection (a) unless the entity or State involved agrees, with
respect to the costs of the program to be carried out by the
entity or State pursuant to such subsection, to make available
(directly or through donations from public or private entities)
non-Federal contributions toward such costs in an amount that
is--
``(A) for the first fiscal year for which the
entity or State receives such a grant, contract or
cooperative agreement, not less than $1 for each $9 of
Federal funds provided in the grant, contract or
cooperative agreement;
``(B) for any second or third such fiscal year, not
less than $1 for each $5 of Federal funds provided in
the grant, contract or cooperative agreement; and
``(C) for any subsequent such fiscal year, not less
than $1 for each $3 of Federal funds provided in the
grant, contract or cooperative agreement.
``(2) Determination of amount of non-federal
contribution.--Non-Federal contributions required in paragraph
(1) may be in cash or in kind, fairly evaluated, including
plant, equipment, or services. Amounts provided by the Federal
Government, or services assisted or subsidized to any
significant extent by the Federal Government, may not be
included in determining the amount of such non-Federal
contributions.
``(3) Waiver.--The Director may waive the requirement
established in paragraph (1) if the Director determines--
``(A) that extraordinary economic conditions in the
area to be served by the entity or State involved
justify the waiver; or
``(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 subsection (a) shall submit,
in the application for such grant, contract, or cooperative agreement,
a plan for the evaluation of any project undertaken with funds provided
under this section. Such entity or State shall provide the Secretary
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 agreement under this section for the costs of construction
or major renovation of facilities to be used to provide substance abuse
treatment services and for facility maintenance.
``(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 subsection (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 provision 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 treatment 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
incarceration; and
(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(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, vocational 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 involved, the State will make available (directly or through
donations from public or private entities) non-Federal contributions
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 Congress 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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Crime.
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