To amend the Public Health Service Act with respect to the participation of the public in governmental decisions regarding the location of group homes established pursuant to the program of block grants for the prevention and treatment of substance abuse.

September 6, 2001

Mr. ANDREWS introduced the following bill; which was referred to the Committee on Energy and Commerce

To amend the Public Health Service Act with respect to the participation of the public in governmental decisions regarding the location of group homes established pursuant to the program of block grants for the prevention and treatment of substance 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 `Substance Abuse Group Homes Amendments of 2001'.

SEC. 2. PARTICIPATION OF PUBLIC IN GOVERNMENTAL DECISIONS REGARDING LOCATION OF CERTAIN GROUP HOMES.

Section 1925 of the Public Health Service Act (42 U.S.C. 300x-25) is amended by adding at the end the following subsection:

`(d) LOCATION OF HOMES; MONITORING-

`(1) IN GENERAL- A funding agreement for a grant under section 1921 is that the State involved, in providing for the establishment and operation of housing pursuant to the revolving fund under subsection (a), will ensure that the State or local officials involved comply with the following:

`(A) In developing and administering governmental policies for the location of such housing (referred to in this subsection as `designated group homes'), the officials provide the public with opportunities to consult with the officials on proposed and existing policies.

`(B) Before making a decision to permit the establishment of a designated group home in a community:

`(i) The officials notify members of the community that the community is under consideration as a proposed site for such a home.

`(ii) The officials provide to the members an opportunity to consult with the officials on the proposal.

`(C) After the establishment of a designated group home in a community:

`(i) The officials monitor the group home in order to determine whether the residents of the home are in compliance with the conditions upon which the permission to establish the home was granted.

`(ii) The officials provide to the members of the community, including the residents of the group home, opportunities to consult with the officials on the effects of the group home on the community.

`(2) DEFINITIONS- For purposes of this subsection:

`(A) The term `community', with respect to a designated group home, means all areas that are 10 miles or less from such home.

`(B) The term `member', with respect to a community, means an individual who resides in the community or is an owner of a business in the community, and an individual any of whose children attends an elementary or secondary school in the community.'.

END