Access to Substance Abuse Treatment Act of 2012 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to make grants to: (1) increase the availability of treatment for abuse of heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine (ecstasy), and phencyclidine (PCP); (2) provide vouchers to individuals in underserved populations for authorized services related to such treatment; and (3) establish programs to provide for and coordinate the provision of wrap-around services, such as medical services, job training services, and housing assistance, to affected by such substances.
Revises the grant program to provide residential substance abuse treatment to pregnant and postpartum women to: (1) make caregiver parents eligible for such program, (2) make Indian tribes and tribal organizations eligible for grants, and (3) set forth the priority for allocation of grants.
Requires the Director of the National Institute on Drug Abuse to conduct research on the effectiveness of the use of agonist and antagonist drugs to reduce the problems associated with stimulant abuse, including cocaine and methamphetamine abuse.
Requires the Secretary to seek to enter into a contract with the Institute of Medicine to complete a literature review on the effectiveness of agonist and antagonist drugs for the treatment of stimulant abuse, including cocaine and methamphetamine abuse.
Requires the Comptroller General to study: (1) the impact of the programs authorized by this Act on the effectiveness and availability of treatment for abuse of heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, and phencyclidine; (2) how the level of federal funding available for such treatment compares to the amount necessary to provide adequate treatment; and (3) the impact of effective treatment on cost savings due to the reduced need for criminal justice and other services.
Requires additional amounts authorized by this Act, prior to being appropriated, to be fully offset by a reduction to one or more other appropriations.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5711 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5711
To amend the Public Health Service Act to provide grants for treatment
of heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine
(ecstasy), and phencyclidine (PCP) abuse, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 10, 2012
Mr. Carnahan (for himself, Ms. Bass of California, Mr. Blumenauer, Mr.
Carson of Indiana, Mr. Cohen, Mr. Conyers, Mr. Davis of Illinois, Mr.
Filner, Mr. Grijalva, Ms. Hahn, Mr. Hastings of Florida, Mr. Jackson of
Illinois, Ms. Jackson Lee of Texas, Ms. Eddie Bernice Johnson of Texas,
Mr. Kucinich, Ms. Lee of California, Ms. McCollum, Ms. Norton, Mr.
Rangel, Mr. Reyes, Ms. Richardson, Mr. Ross of Arkansas, Mr. Rush, Mr.
Ryan of Ohio, Mr. Sablan, Ms. Sewell, Mr. Tonko, Mr. Towns, Ms. Waters,
and Ms. Woolsey) introduced the following bill; which was referred to
the Committee on Energy and Commerce, and in addition to the Committee
on the Budget, 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 amend the Public Health Service Act to provide grants for treatment
of heroin, cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine
(ecstasy), and phencyclidine (PCP) abuse, and for other purposes.
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 ``Access to Substance Abuse Treatment
Act of 2012''.
SEC. 2. PURPOSE.
It is the purpose of this Act to--
(1) reduce crime and improve public safety by making
treatment for heroin, cocaine, methamphetamine, 3,4-
methylenedioxymethamphetamine (ecstasy), and phencyclidine
(PCP) abuse available to every American who needs it;
(2) keep families together by encouraging alternatives to
incarceration for nonviolent drug law offenses;
(3) help identify root causes and most effective treatment
methods for heroin, cocaine, methamphetamine, 3,4-
methylenedioxymethamphetamine, and phencyclidine abuse; and
(4) expand research into cutting-edge treatment methods for
stimulant abuse.
SEC. 3. HEROIN, COCAINE, METHAMPHETAMINE, 3,4-
METHYLENEDIOXYMETHAMPHETAMINE (ECSTASY), AND
PHENCYCLIDINE (PCP) TREATMENT AND WRAP-AROUND PROGRAMS.
Subpart 1 of part B of title V of the Public Health Service Act is
amended--
(1) redesignating the second section 514 (relating to
methamphetamine and amphetamine treatment) as section 514B; and
(2) adding at the end the following new sections:
``SEC. 514C. INITIATIVE TO INCREASE HEROIN, COCAINE, METHAMPHETAMINE,
ECSTASY, AND PCP TREATMENT CAPACITY.
``(a) In General.--The Secretary may make grants to State, local,
and tribal governments for the purpose of increasing the availability
of treatment for heroin, cocaine, methamphetamine, 3,4-
methylenedioxymethamphetamine (ecstasy), and phencyclidine (PCP) abuse.
``(b) Requirements.--
``(1) In general.--To seek a grant under subsection (a), a
State, local, or tribal government shall submit an application
to the Secretary at such time, in such manner, and containing
such information and assurances as the Secretary may require.
``(2) Use of grant funds.--The grants made under subsection
(a) may only be used to--
``(A) build treatment centers;
``(B) expand existing treatment centers;
``(C) hire treatment professionals;
``(D) provide training and education to substance
abuse professionals, medical professionals, and
educators related to the treatment of heroin, cocaine,
methamphetamine, 3,4-methylenedioxymethamphetamine, and
phencyclidine abuse; and
``(E) engage in other activities that the Secretary
has determined are relevant to the purpose of the
grants under subsection (a).
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2013 through 2017.
``SEC. 514D. HEROIN, COCAINE, METHAMPHETAMINE, ECSTASY, AND PCP ABUSE
TREATMENT VOUCHERS FOR UNDERSERVED POPULATIONS.
``(a) In General.--The Secretary may make grants to State, local,
and tribal governments and nonprofit entities to provide vouchers to
individuals in underserved populations for authorized services related
to the treatment of such individuals for heroin, cocaine,
methamphetamine, 3,4-methylenedioxymethamphetamine (ecstasy), and
phencyclidine (PCP) abuse.
``(b) Requirements.--
``(1) Application.--To seek a grant under subsection (a), a
State, local, or tribal government or a nonprofit entity shall
submit an application to the Secretary at such time, in such
manner, and containing such information and assurances as the
Secretary may require, including a description of the method
that such State, government, or entity will use--
``(A) to identify individuals who would benefit
from treatment for heroin, cocaine, methamphetamine,
3,4-methylenedioxymethamphetamine, or phencyclidine
abuse;
``(B) to identify if such individuals are in
underserved populations; and
``(C) to provide vouchers to such individuals in
such populations.
``(2) Preservation of choice.--A recipient of a grant under
this section may not restrict the ability of an individual
receiving a voucher under this section to use the voucher to
pay for authorized services furnished by any provider of
authorized services, so long as the provider of such services
meets all applicable State licensure or certification
requirements regarding the provision of such services.
``(3) Duration of award.--With respect to a grant under
this section, the period during which payments under such grant
are made to the grant recipient may not exceed five years.
``(4) Matching funds.--The Secretary may require that
recipients of grants under this section provide non-Federal
matching funds, as determined appropriate by the Secretary, to
ensure the commitment of the grant recipients to the provision
of vouchers for treatment to individuals who use heroin,
cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or
phencyclidine. Such non-Federal matching funds may be provided
directly or through donations from public or private entities
and may be in cash or in-kind, fairly evaluated, including
property, equipment, or services.
``(5) Maintenance of effort.--The Secretary may require
that grant recipients under this section agree to maintain
expenditures of non-Federal amounts for authorized services
related to the treatment of heroin, cocaine, methamphetamine,
3,4-methylenedioxymethamphetamine, and phencyclidine abuse at a
level that is not less than the level of such expenditures
maintained by the recipient for the fiscal year preceding the
fiscal year for which the entity receives such a grant.
``(c) Report.--
``(1) In general.--Not later than December 1, 2013, and
annually thereafter, the Secretary shall submit a report to the
Congress on the grants under subsection (a).
``(2) Contents of report.--The report under paragraph (1)
shall contain an evaluation of the effectiveness of the grants
made under subsection (a) in improving access to heroin,
cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine,
and phencyclidine treatment for underserved populations.
``(d) Definitions.--For purposes of this section:
``(1) Authorized services.--The term `authorized services'
means--
``(A) treatment for heroin, cocaine,
methamphetamine, 3,4-methylenedioxymethamphetamine, or
phencyclidine abuse, including individual, group, and
family counseling regarding such abuse;
``(B) follow-up services to prevent an individual
from relapsing into such abuse;
``(C) wrap-around services, as such term is defined
in section 514E(e)(4); and
``(D) any additional services specified by the
Secretary.
``(2) Underserved population.--The term `underserved
population' means a population of individuals who cannot access
appropriate substance abuse treatment (including comprehensive
substance abuse treatment) due to financial, geographical,
language, socioeconomic, or cultural barriers.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2013 through 2017.
``SEC. 514E. COMPREHENSIVE WRAP-AROUND HEROIN, COCAINE,
METHAMPHETAMINE, 3,4-METHYLENEDIOXYMETHAMPHETAMINE
(ECSTASY), AND PHENCYCLIDINE (PCP) TREATMENT SERVICES.
``(a) In General.--The Secretary may make grants to public,
private, and nonprofit entities, Indian tribes, and tribal
organizations to establish programs to provide for and coordinate the
provision of wrap-around services to heroin, cocaine, methamphetamine,
3,4-methylenedioxymethamphetamine, or phencyclidine-affected
individuals.
``(b) Minimum Qualifications for Receipt of Award.--To seek a grant
under subsection (a), a public, private, or nonprofit entity, an Indian
tribe, or a tribal organization shall submit an application to the
Secretary at such time, in such manner, and containing such information
and assurances as the Secretary may require, including assurances to
the satisfaction of the Secretary that--
``(1) the applicant has the capacity to carry out a program
described in subsection (a);
``(2) the applicant has entered into agreements with
entities in the community involved, through which the applicant
will provide wrap-around services; and
``(3) the applicant, or any entity through which the
applicant will provide such services, meets all applicable
State licensure or certification requirements regarding the
provision of such services.
``(c) Priority for Grant Distribution.--In making grants under this
section, the Secretary shall give priority to applications for programs
that serve communities with a high or increasing rate of heroin,
cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine, or
phencyclidine abuse or addiction, as specified by the Secretary.
``(d) Reports.--For each year that a public, private, or nonprofit
entity, Indian tribe, or tribal organization receives a grant under
subsection (a) for a program, such entity, tribe, or organization shall
submit to the Secretary a report on the results and effectiveness of
the program.
``(e) Definitions.--For purposes of this section:
``(1) Heroin, cocaine, methamphetamine, 3,4-
methylenedioxymethamphetamine, or phencyclidine-affected
individual.--The term `heroin, cocaine, methamphetamine, 3,4-
methylenedioxymethamphetamine, or phencyclidine-affected
individual' means an individual who--
``(A)(i) resided in a residential inpatient
treatment facility for the treatment of heroin,
cocaine, methamphetamine, 3,4-
methylenedioxymethamphetamine, or phencyclidine abuse
or addiction; or
``(ii) received treatment for heroin, cocaine,
methamphetamine, 3,4-methylenedioxymethamphetamine, or
phencyclidine abuse or addiction from an intensive
outpatient treatment facility; and
``(B) after successful completion of such treatment
reenters the community.
``(2) Intensive outpatient treatment facility.--The term
`intensive outpatient treatment facility' means a facility that
provides treatment for substance abuse and that, with respect
to an individual receiving such treatment--
``(A) provides a minimum of seven hours of
treatment for substance abuse during a week;
``(B) provides regularly scheduled treatment
sessions within a structured program; and
``(C) ensures that the treatment sessions are led
by health professionals or clinicians.
``(3) Residential inpatient treatment facility.--The term
`residential inpatient treatment facility' means a facility
that provides treatment for substance abuse in which health
professionals and clinicians provide a planned regimen of 24-
hour professionally directed evaluation, care, and treatment
for such substance abuse in an inpatient setting, including 24-
hour observation and monitoring.
``(4) Wrap-around services.--The term `wrap-around
services' means, with respect to a heroin, cocaine,
methamphetamine, 3,4-methylenedioxymethamphetamine, or
phencyclidine-affected individual, the following services:
``(A) Medical services.
``(B) Dental services.
``(C) Mental health services.
``(D) Child care services.
``(E) Job training services.
``(F) Housing assistance.
``(G) Training in parenting.
``(H) Prevention services for family members, with
respect to heroin, cocaine, methamphetamine, 3,4-
methylenedioxymethamphetamine, and phencyclidine abuse
or addiction.
``(I) Transportation assistance services for
purposes of participation in the services listed in
subparagraphs (A) through (H).
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2013 through 2017.''.
SEC. 4. EXTENSION AND EXPANSION OF RESIDENTIAL TREATMENT PROGRAM FOR
PREGNANT AND POSTPARTUM WOMEN TO INCLUDE CAREGIVER
PARENTS.
Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is
amended--
(1) in the heading, by striking ``pregnant and postpartum
women'' and inserting ``caregiver parents, including pregnant
women'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, Indian tribes, and
tribal organizations'' after ``nonprofit
private entities''; and
(ii) by striking ``pregnant and postpartum
women treatment for substance abuse'' and
inserting ``caregiver parents, including
pregnant women, treatment for substance abuse
(including treatment for addiction to heroin,
cocaine, methamphetamine, 3,4-
methylenedioxymethamphetamine (ecstasy), or
phencyclidine (PCP))'';
(B) in each of paragraphs (1), (2), and (3), by
striking ``the women'' and inserting ``such parents''
each place it appears; and
(C) in paragraph (3), by inserting ``supplemental''
before ``services'';
(3) in subsection (b)--
(A) in paragraph (1), by inserting ``, Indian
tribes, or tribal organizations'' after ``nonprofit
private entities''; and
(B) in paragraph (2)--
(i) by striking ``the services'' and
inserting ``such services''; and
(ii) by striking ``woman'' and inserting
``caregiver parent'';
(4) in subsection (c)--
(A) in paragraph (1) by striking ``eligible woman''
and inserting ``eligible caregiver parent''; and
(B) by striking ``the women'' and ``the woman''
each place either term appears and inserting ``such
parent'';
(5) in subsection (d)--
(A) in the matter proceeding paragraph (1), by
striking ``woman'' and inserting ``caregiver parent'';
(B) in paragraphs (3) and (4), by striking ``the
woman'' and inserting ``such parent'' each place it
appears;
(C) in paragraph (9)--
(i) by striking ``the women'' and inserting
``such parent'' each place it appears;
(ii) by striking ``units'' and inserting
``unit''; and
(iii) by striking ``of parents'' and
inserting ``of the parents of such parent'';
(D) in paragraph (10), by inserting ``, Indian
tribes, or tribal organizations'' after ``entities'';
and
(E) in paragraph (11)--
(i) by striking ``the women'' and inserting
``such parent''; and
(ii) by striking ``their children'' and
inserting ``the children of such parent'';
(6) in subsection (f)(1), in the matter proceeding
subparagraph (A) by inserting ``, Indian tribes, or tribal
organizations'' after ``public or private entities'';
(7) in subsection (g)--
(A) by striking ``identify women'' and inserting
``identify caregiver parents''; and
(B) by striking ``the women'' and inserting ``such
parents'';
(8) in subsection (h)(1) by striking ``pregnant and
postpartum women'' and inserting ``caregiver parents'';
(9) in subsection (j)--
(A) in the matter proceeding paragraph (1)--
(i) by striking ``to on behalf'' and
inserting ``to or on behalf''; and
(ii) by striking ``woman'' and inserting
``caregiver parent'';
(B) in paragraph (2), by striking ``the woman'' and
inserting ``such parent''; and
(C) in paragraph (3), by striking ``woman'' and
inserting ``parent'';
(10) in subsection (k)(2) by striking ``women'' and
inserting ``caregiver parents''--
(11) in subsection (l), by striking ``such agreements'' and
inserting ``the funding agreements under this section'';
(12) by amending subsection (m) to read as follows:
``(m) Use of Funds; Priority for Certain Areas Served.--
``(1) Use of funds.--A funding agreement for an award under
subsection (a) for an applicant is that funds awarded under
subsection (a) to such applicant shall be used for programs
according to the following order of priority:
``(A) For a program that provides services to
caregiver parents who are pregnant and postpartum
women.
``(B) For a program that provides services to
caregiver parents who are single parents and the sole
caregivers with respect to their children.
``(C) For a program that provides services to any
caregiver parents.
``(2) Priority for certain areas served.--In making awards
under subsection (a), the Director shall give priority to any
entity, tribe, or organization that agrees to use the award for
a program serving an area that--
``(A) is an area determined by the Director to have
a shortage of family-based substance abuse treatment
options; or
``(B) is determined by the Director to have high
rates of addiction to heroin, cocaine, methamphetamine,
3,4-methylenedioxymethamphetamine, or phencyclidine.'';
(13) in subsection (p)--
(A) by striking ``October 1, 1994'' and inserting
``January 1, 2013'';
(B) by striking ``Committee on Labor and Human
Resources'' and inserting ``Committee on Health,
Education, Labor, and Pensions''; and
(C) by striking the third sentence;
(14) in subsection (q)--
(A) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6), respectively;
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) The term `caregiver parent' means, with respect to a
child, a parent or legal guardian with whom the child resides,
and includes a pregnant woman.''; and
(C) by amending paragraph (3), as redesignated by
subparagraph (A) of this paragraph, to read as follows:
``(3) The term `eligible caregiver parent' means a
caregiver parent who has been admitted to a program operated
pursuant to subsection (a).''; and
(15) in subsection (r), by striking ``to fiscal years 2001
through 2003'' and inserting ``for fiscal years 2013 through
2017''.
SEC. 5. EFFECTIVENESS OF STIMULANT TREATMENT METHODS.
(a) Research.--The Director of the National Institute on Drug Abuse
shall conduct research, directly or through contract with another
entity, on the effectiveness of the use of agonist and antagonist drugs
to reduce the problems associated with stimulant abuse, including
cocaine and methamphetamine abuse.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2013 through 2017.
SEC. 6. IOM STUDY ON DRUG TREATMENTS FOR STIMULANT ABUSE.
(a) Report.--The Secretary of Health and Human Services shall seek
to enter into a contract with the Institute of Medicine of the National
Academies to complete a literature review and submit a report to
Congress on the effectiveness of agonist and antagonist drugs for the
treatment of stimulant abuse, including cocaine and methamphetamine
abuse.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal years 2013 through 2017.
SEC. 7. GAO EVALUATION OF THE IMPACT OF THIS LEGISLATION.
(a) Study on the Level of Funding for Treatment.--The Comptroller
General of the United States shall conduct a study on--
(1) the impact of the programs authorized by this Act
(including the amendments made by this Act) on the
effectiveness and availability of treatment for heroin,
cocaine, methamphetamine, 3,4-methylenedioxymethamphetamine,
and phencyclidine abuse;
(2) whether the level of Federal funding available for the
treatment of heroin, cocaine, methamphetamine, 3,4-
methylenedioxymethamphetamine, and phencyclidine abuse meets,
exceeds, or is less than the amount necessary to provide
adequate treatment for such abuse; and
(3) the impact of effective treatment of heroin, cocaine,
methamphetamine, 3,4-methylenedioxymethamphetamine, and
phencyclidine abuse on cost savings due to the reduced need for
criminal justice and other services.
(b) Reports.--
(1) Interim report.--Not later than the last day of the
two-year period beginning on the date of enactment of this Act,
the Comptroller General shall submit to Congress a report on
the interim findings of the study under subsection (a).
(2) Final report.--Not later than 3 years after the date on
which the report under paragraph (1) is submitted to Congress,
the Comptroller General shall submit to Congress a report on
the findings of the study under subsection (a).
SEC. 8. FUNDING.
(a) Offset.--Prior to being appropriated, additional amounts
authorized by this Act shall be fully offset by a reduction to one or
more other appropriations, as the House and Senate Committees on
Appropriations consider appropriate.
(b) Budget Control Act.--Nothing in this Act or the amendments made
by this Act shall be interpreted to violate the budgetary caps enacted
in the Budget Control Act of 2011 (Public Law 112-25).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Budget, 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 Budget, 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.
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