[House Report 111-641]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-641
======================================================================
METHAMPHETAMINE EDUCATION, TREATMENT, AND HOPE ACT OF 2010
_______
September 28, 2010.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Waxman, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 2818]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2818) to amend the Public Health Service Act to
provide for the establishment of a drug-free workplace
information clearinghouse, to support residential
methamphetamine treatment programs for pregnant and parenting
women, to improve the prevention and treatment of
methamphetamine addiction, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings and Recommendations................. 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Statement of General Performance Goals and Objectives............ 4
Constitutional Authority Statement............................... 5
Earmarks and Tax and Tariff Benefits............................. 5
Federal Advisory Committee Statement............................. 5
Applicability of Law to the Legislative Branch................... 5
Federal Mandates Statement....................................... 5
Committee Cost Estimate.......................................... 5
Congressional Budget Office Cost Estimate........................ 5
Section-by-Section Analysis of the Legislation................... 7
Explanation of Amendment......................................... 8
Changes in Existing Law Made by the Bill, as Reported............ 8
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Education, Treatment,
and Hope Act of 2010''.
SEC. 2. ENHANCING HEALTH CARE PROVIDER AWARENESS OF METHAMPHETAMINE
ADDICTION.
Section 507(b) of the Public Health Service Act (42 U.S.C. 290bb(b))
is amended--
(1) by redesignating paragraphs (13) and (14) as paragraphs
(14) and (15), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) collaborate with professionals in the addiction field
and primary health care providers to raise awareness about how
to--
``(A) recognize the signs of a substance abuse
disorder; and
``(B) apply evidence-based practices for screening
and treating individuals with or at-risk for developing
an addiction, including addiction to methamphetamine or
other drugs;''.
SEC. 3. RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT 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 (including treatment for addiction to
methamphetamine)'';
(B) in paragraph (1), by striking ``reside in'' and
inserting ``reside in or receive outpatient treatment
services from''; and
(C) in paragraph (2), by striking ``the minor
children of the women reside with the women in such
facilities'' and inserting ``the minor children of the
women who reside in such facilities reside with such
women'';
(2) in subsection (d), by amending paragraph (2) to read as
follows:
``(2) Referrals for necessary hospital and dental
services.'';
(3) by amending subsection (m) to read as follows:
``(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 Resources and Services
Administration as a health professional shortage area with a
shortage of mental health professionals, or an area determined
by the Director to have a shortage of family-based substance
abuse treatment options; and
``(2) is determined by the Director to have high rates of
addiction to methamphetamine or other drugs.'';
(4) in subsection (p)--
(A) by striking ``October 1, 1994'' and inserting
``one year after the date of the enactment of the
Methamphetamine Education, Treatment, and Hope Act of
2010'' ;
(B) by inserting ``In submitting reports under this
subsection, the Director may use data collected under
this section or other provisions of law, insofar as
such data is used in a manner consistent with all
Federal privacy laws applicable to the use of data
collected under this section or other provision,
respectively.'' after ``biennial report under section
501(k).''; and
(C) by striking ``Each report under this subsection
shall include'' and all that follows and inserting
``Each report under this subsection shall, with respect
to the period for which the report is prepared, include
the following:
``(1) A summary of any evaluations conducted under subsection
(o).
``(2) Data on the number of pregnant and parenting women in
need of, but not receiving, treatment for substance abuse. Such
data shall include, but not be limited to, the number of
pregnant and parenting women in need of, but not receiving,
treatment for methamphetamine abuse, 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 treatment for methamphetamine abuse.'';
(5) by redesignating subsections (q) and (r) as subsections
(r) and (s), respectively;
(6) by inserting after subsection (p) the following:
``(q) Methamphetamine Addiction.--In carrying out this section, the
Director shall expand, intensify, and coordinate efforts to provide
pregnant and parenting women treatment for addiction to methamphetamine
or other drugs.''; and
(7) in subsection (s) (as so redesignated), by striking
``such sums as may be necessary to fiscal years 2001 through
2003'' and inserting ``$16,000,000 for fiscal year 2012,
$16,500,000 for fiscal year 2013, $17,000,000 for fiscal year
2014, $17,500,000 for fiscal year 2015, and $18,000,000 for
fiscal year 2016''.
SEC. 4. WORKPLACE INFORMATION CLEARINGHOUSE.
Section 515(b) of the Public Health Service Act (42 U.S.C. 290bb-
21(b)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) by redesignating paragraph (11) as paragraph (13); and
(3) by inserting after paragraph (10) the following new
paragraph:
``(11) maintain a clearinghouse that provides information and
educational materials to employers and employees about
comprehensive drug-free workplace programs and substance abuse
prevention and treatment resources;''.
SEC. 5. YOUTH INVOLVEMENT IN PREVENTION STRATEGIES.
Section 515(b) of the Public Health Service Act (42 U.S.C. 290bb-
21(b)), as amended by section 4, is further amended by inserting after
paragraph (11) the following new paragraph:
``(12) support the involvement of youth in the development
and implementation of prevention strategies focused on youth,
with regard to methamphetamine and other drugs; and''.
Purpose and Summary
H.R. 2818, the ``Methamphetamine Education, Treatment, and
Hope Act of 2009'', was introduced on June 11, 2009, by Rep.
Jerry McNerney (D-CA), and referred to the Committee on Energy
and Commerce.
The goal of H.R. 2818 is to expand and strengthen
activities at the Substance Abuse and Mental Health Services
Administration (SAMHSA) to address the prevention and treatment
of addiction to methamphetamine and other drugs. H.R. 2818
provides support for family-centered services for
methamphetamine addiction and other substance abuse among
pregnant women and mothers.
Background and Need for Legislation
Methamphetamine is an addictive stimulant with limited
medical application and high potential for abuse. In 2004, 8%
of substance abuse treatment admissions were for
methamphetamine abuse, and 99% of admissions for stimulants
were for methamphetamine and amphetamine.\1\ While overall use
declined between 2002 and 2005, use among women remained
steady.\2\
---------------------------------------------------------------------------
\1\SAMHSA, The National Survey on Drug Use and Health Report:
Methamphetamine Use (Jan. 26. 2007) (online at http://oas.samhsa.gov/
2k7/meth/meth.htm).
\2\Id.
---------------------------------------------------------------------------
There is significant geographic variation in
methamphetamine use. Rates are highest in the West (1.2%),
followed by the Midwest (0.5%), the South (0.5%), and the
Northeast (0.1%).\3\ Use is also higher in non-metropolitan
areas than in small metropolitan areas, and is lowest in large
metropolitan areas.\4\
---------------------------------------------------------------------------
\3\Id. These figures reflect the estimated percentage of people
aged 12 or older who used methamphetamine within the past year.
\4\Id.
---------------------------------------------------------------------------
SAMHSA addresses methamphetamine use, as well as the abuse
of other substances, through programs in its Center for
Substance Abuse Prevention and Center for Substance Abuse
Treatment.
Committee Consideration
H.R. 2818, the ``Methamphetamine Education, Treatment, and
Hope Act of 2010'', was introduced by Mr. McNerney of
California on June 11, 2009, and referred to the Committee on
Energy and Commerce. The bill was subsequently referred to the
Subcommittee on Health on June 12, 2009. On September 15, 2010,
the Subcommittee held a legislative hearing on the bill. The
Subcommittee met in open markup session to consider H.R. 2818
on September 16, 2010. An amendment in the nature of a
substitute (manager's amendment) by Mr. Pallone was adopted by
a voice vote. Subsequently, H.R. 2818 was favorably forwarded
to the full Committee, amended, by a voice vote.
On September 23, 2010, the Committee on Energy and Commerce
met in open markup session and considered H.R. 2818 as approved
by the Subcommittee. There were no amendments offered in full
Committee and subsequently the Committee ordered H.R. 2818
favorably reported to the House, as amended by the Subcommittee
on Health, by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. A
motion by Mr. Waxman ordering H.R. 2818 reported to the House,
as amended, was approved by a voice vote. There were no record
votes taken during consideration of this bill.
Committee Oversight Findings and Recommendations
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the oversight findings and recommendations of
the Committee are reflected in the descriptive portions of this
report, including the finding that there is a continuing need
to address the prevention and treatment of addiction to
methamphetamine and other drugs.
New Budget Authority, Entitlement Authority, and Tax Expenditures
Regarding compliance with clause 3(c)(2) of rule XIII of
the Rules of the House of Representatives, the Committee finds
that H.R. 2818 would result in no new budget authority,
entitlement authority, or tax expenditures or revenues.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the performance goals and
objectives of the Committee are reflected in the descriptive
portions of this report, including the goal of expanding and
strengthening activities at SAMHSA to address the prevention
and treatment of addiction to methamphetamine and other drugs.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
constitutional authority for H.R. 2818 is provided under
article I, section 8, clauses 3 and 18 of the Constitution of
the United States.
Earmarks and Tax and Tariff Benefits
H.R. 2818 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Federal Advisory Committee Statement
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., section 5(b) of the Federal
Advisory Committee Act.
Applicability of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to terms and conditions of
employment or access to public services and accommodations.
H.R. 2818 contains no such provisions.
Federal Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act of 1974 (as amended by section 101(a)(2) of the
Unfunded Mandates Reform Act, Public Law 104-4) requires a
statement on whether the provisions of the report include
unfunded mandates. In compliance with this requirement the
Committee adopts as its own the analysis of federal mandates
prepared by the Director of the Congressional Budget Office
with respect to H.R. 2818.
Committee Cost Estimate
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee adopts as its own the
cost estimate of H.R. 2818 prepared by the Director of the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
Congressional Budget Office Cost Estimate
With respect to the requirements of clause (3)(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
2818 from the Director of Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 27, 2010.
Hon. Henry A. Waxman,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2818, the
Methamphetamine Education, Treatment, and Hope Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sean Dunbar.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 2818--Methamphetamine Education, Treatment, and Hope Act of 2010
H.R. 2818 would amend the Public Health Service Act to
enhance the responsibilities of federal offices within the
Substance Abuse and Mental Health Services Administration
(SAMHSA) that conduct research, education, and outreach. The
bill would authorize funding for grants to entities that
provide residential treatment to pregnant and parenting women.
It also would require the establishment of a clearinghouse for
information pertaining to drug-free workplaces and require
collaboration with health care providers and youth to improve
detection and prevention of methamphetamine use.
H.R. 2818 would authorize the appropriation of $67 million
for fiscal years 2012-2015 and an additional $18 million for
fiscal year 2016 to fund the grants for entities that provide
residential treatment to pregnant and parenting women. Assuming
appropriation of those amounts, and based on historical
spending patterns for similar programs, CBO estimates that
implementing H.R. 2818 would cost approximately $39 million
over the 2011-2015 period and an additional $46 million after
2015. CBO estimates that implementing the other provisions of
the bill would cost less than $500,000, subject to the
availability of appropriated funds.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................... * 16 17 17 18 67
Estimated Outlays.................................. * 3 8 12 15 39
----------------------------------------------------------------------------------------------------------------
Notes: * = less than $500,000.
Components may not sum to totals because of rounding.
The costs of this legislation fall within budget function
550 (health). Enacting H.R. 2818 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
H.R. 2818 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. Grants
authorized by the bill would benefit state and local
governments that provide residential treatment services for
substance abuse to women with children. Any costs to these
governments, including matching funds, would be incurred
voluntarily as a condition of federal assistance.
The CBO staff contact for this estimate is Sean Dunbar.
This estimate was approved by Holly Harvey, Deputy Assistant
Director for Budget Analysis.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 designates that the Act may be cited as the
``Methamphetamine Education, Treatment, and Hope Act of 2010''.
Section 2. Enhancing health care provider awareness of methamphetamine
addiction
Section 2 requires the Director of the SAMHSA Center for
Substance Abuse Treatment to collaborate with addiction and
primary healthcare professionals to raise awareness about how
to recognize signs of a substance abuse disorder and apply
evidence-based practices to screen and treat people with or at
risk of addiction to methamphetamine or other drugs.
Section 3. Residential treatment programs for pregnant and parenting
women
Section 3 makes several modifications to existing
residential treatment programs for pregnant and postpartum
women:
Notes that services may include treatment for
addiction to methamphetamine. Clarifies service population by
changing ``postpartum'' to ``parenting''. This codifies the
existing SAMHSA practice with regard to this population. Adds
referrals for necessary dental care to the set of required
supplemental services.
Directs that priority be given to applicants whose
programs would serve areas that are rural, health professional
shortage areas with a shortage of mental health professionals,
or areas determined to have a shortage of family-based
treatment options; and that are determined to have a high rate
of addiction to methamphetamine or other drugs.
Expands data reporting requirements for the
biannual report to Congress.
Requires expansion, intensification, and
coordination of services for pregnant and parenting women with
addiction to methamphetamine or other drugs.
Authorizes $16 million for FY2012; $16.5 million
for FY2013; $17 million for FY2014; $17.5 million for FY2015;
and $18 million for FY2016.
Section 4. Workplace Information Clearinghouse
Section 4 requires that a Workplace Information
Clearinghouse provide materials on comprehensive drug-free
workplace programs and substance abuse prevention and treatment
resources.
Section 5. Youth involvement in prevention strategies
Section 5 requires the Director of the SAMHSA Office of
Substance Abuse Prevention to involve youth in the development
and implementation of prevention strategies, with regard to
methamphetamine and other drugs.
Explanation of Amendment
During the Subcommittee on Health markup of H.R. 2818, Mr.
Pallone of New Jersey offered an amendment in the nature of a
substitute (manager's amendment), which was adopted by a voice
vote. The substance of the substitute amendment is reflected in
the section-by-section analysis contained in this report.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
PUBLIC HEALTH SERVICE ACT
* * * * * * *
TITLE V--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
* * * * * * *
Part B--Centers and Programs
* * * * * * *
Subpart 1--Center for Substance Abuse Treatment
* * * * * * *
CENTER FOR SUBSTANCE ABUSE TREATMENT
Sec. 507. (a) * * *
(b) Duties.--The Director of the Center shall--
(1) * * *
* * * * * * *
(13) collaborate with professionals in the addiction
field and primary health care providers to raise
awareness about how to--
(A) recognize the signs of a substance abuse
disorder; and
(B) apply evidence-based practices for
screening and treating individuals with or at-
risk for developing an addiction, including
addiction to methamphetamine or other drugs;
[(13)] (14) evaluate treatment programs to determine
the quality and appropriateness of various forms of
treatment, which shall be carried out through grants,
contracts, or cooperative agreements provided to public
or nonprofit private entities; and
[(14)] (15) in carrying out paragraph (13), assess
the quality, appropriateness, and costs of various
treatment forms for specific patient groups.
* * * * * * *
RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND POSTPARTUM WOMEN
Sec. 508. (a) In General.--The Director of the Center for
Substance Abuse Treatment shall provide awards of grants,
cooperative agreement, or contracts to public and nonprofit
private entities for the purpose of providing to pregnant and
[postpartum women treatment for substance abuse] parenting
women treatment for substance abuse (including treatment for
addiction to methamphetamine) through programs in which, during
the course of receiving treatment--
(1) the women [reside in] reside in or receive
outpatient treatment services from facilities provided
by the programs;
(2) [the minor children of the women reside with the
women in such facilities] the minor children of the
women who reside in such facilities reside with such
women, if the women so request; and
* * * * * * *
(d) Required Supplemental Services.--In the case of an
eligible woman, the services referred to in subsection (a)(3)
are as follows:
(1) * * *
[(2) Referrals for necessary hospital services.]
(2) Referrals for necessary hospital and dental
services.
* * * * * * *
[(m) Equitable Allocation of Awards.--In making awards under
subsection (a), the Director shall ensure that the awards are
equitably allocated among the principal geographic regions of
the United States, subject to the availability of qualified
applicants for the awards.]
(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 Resources and
Services Administration as a health professional
shortage area with a shortage of mental health
professionals, or an area determined by the Director to
have a shortage of family-based substance abuse
treatment options; and
(2) is determined by the Director to have high rates
of addiction to methamphetamine or other drugs.
* * * * * * *
(p) Reports to Congress.--Not later than [October 1, 1994]
one year after the date of the enactment of the Methamphetamine
Education, Treatment, and Hope Act of 2010, the Director shall
submit to the Committee on Energy and Commerce of the House of
Representatives, and to the Committee on Labor and Human
Resources of the Senate, a report describing programs carried
out pursuant to this section. Every 2 years thereafter, the
Director shall prepare a report describing such programs
carried out during the preceding 2 years, and shall submit the
report to the Administrator for inclusion in the biennial
report under section 501(k). In submitting reports under this
subsection, the Director may use data collected under this
section or other provisions of law, insofar as such data is
used in a manner consistent with all Federal privacy laws
applicable to the use of data collected under this section or
other provision, respectively. [Each report under this
subsection shall include a summary of any evaluations conducted
under subsection (m) during the period with respect to which
the report is prepared.] Each report under this subsection
shall, with respect to the period for which the report is
prepared, include the following:
(1) A summary of any evaluations conducted under
subsection (o).
(2) Data on the number of pregnant and parenting
women in need of, but not receiving, treatment for
substance abuse. Such data shall include, but not be
limited to, the number of pregnant and parenting women
in need of, but not receiving, treatment for
methamphetamine abuse, 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 treatment for
methamphetamine abuse.
(q) Methamphetamine Addiction.--In carrying out this section,
the Director shall expand, intensify, and coordinate efforts to
provide pregnant and parenting women treatment for addiction to
methamphetamine or other drugs.
[(q)] (r) Definitions.--For purposes of this section:
(1) * * *
* * * * * * *
[(r)] (s) Authorization of Appropriations.--For the purpose
of carrying out this section, there are authorized to be
appropriated [such sums as may be necessary to fiscal years
2001 through 2003] $16,000,000 for fiscal year 2012,
$16,500,000 for fiscal year 2013, $17,000,000 for fiscal year
2014, $17,500,000 for fiscal year 2015, and $18,000,000 for
fiscal year 2016.
* * * * * * *
Subpart 2--Center for Substance Abuse Prevention
OFFICE FOR SUBSTANCE ABUSE PREVENTION
Sec. 515. (a) * * *
(b) The Director of the Prevention Center shall--
(1) * * *
* * * * * * *
(10) prepare for distribution documentary films and
public service announcements for television and radio
to educate the public, especially adolescent audiences,
concerning the dangers to health resulting from the
consumption of alcohol and drugs and, to the extent
feasible, use appropriate private organizations and
business concerns in the preparation of such
announcements; [and]
(11) maintain a clearinghouse that provides
information and educational materials to employers and
employees about comprehensive drug-free workplace
programs and substance abuse prevention and treatment
resources;
(12) support the involvement of youth in the
development and implementation of prevention strategies
focused on youth, with regard to methamphetamine and
other drugs; and
[(11)] (13) develop and support innovative
demonstration programs designed to identify and deter
the improper use or abuse of anabolic steroids by
students, especially students in secondary schools.
* * * * * * *