Library / Laws / 113th / hr / H.R. 2130 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 2130
IN THE HOUSE OF REPRESENTATIVES
May 23, 2013
Mr. Cartwright (for
himself, Ms. Hahn,
Mr. Grijalva,
Mr. Rangel,
Ms. Lee of California,
Mr. Rush, Mr. Conyers, Mr.
Ryan of Ohio, Mr. Hastings of
Florida, Ms. Norton,
Mr. Carson of Indiana,
Mr. Brady of Pennsylvania,
Mr. Holt, Mr. Capuano, Ms.
Shea-Porter, Ms. McCollum,
Mr. Payne,
Mr. Huffman,
Mr. Ben Ray Luján of New Mexico,
Mr. Kilmer,
Ms. Eddie Bernice Johnson of Texas,
Ms. Roybal-Allard, and
Mr. Polis) introduced the following
bill; which was referred to the Committee
on Energy and Commerce
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.
1.
Short title
This Act may be cited as the
Access to Substance Abuse Treatment
Act of 2013.
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.
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:
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 2014 through 2018.
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, 2014, 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 2014 through 2018.
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 2014 through
2018.
.
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,
2014;
(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 2014 through 2018.
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 2014 through 2018.
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 2014 through 2018.
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).
8.
No
additional appropriations
This
Act, and the amendments made by this Act, shall not be construed to increase
the amount of appropriations that are authorized to be approved for any fiscal
year.