[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 238 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 238
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
reauthorize the residential substance use disorder treatment program,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
reauthorize the residential substance use disorder treatment program,
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 ``Residential Substance Use Disorder
Treatment Act of 2023''.
SEC. 2. RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT PROGRAM.
(a) Amendments.--Part S of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10421 et seq.) is amended--
(1) in the part heading, by striking ``substance abuse''
and inserting ``substance use disorder'';
(2) in section 1901 (34 U.S.C. 10421)--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``substance abuse''
each place it appears and inserting
``substance use disorder''; and
(II) by inserting after
``programs'' the following: ``,
including medication-assisted treatment
programs, which shall be permitted to
use any type of medication that has
been approved to treat substance use
disorders pursuant to section 505 of
the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355), or any type of
biological product licensed under
section 351 of the Public Health
Service Act (42 U.S.C. 262),''; and
(ii) in paragraph (3), by striking
``substance abuse'' each place it appears and
inserting ``substance use disorder'';
(B) in subsection (b), by striking ``substance
abuse'' and inserting ``substance use disorder''; and
(C) in subsection (c)--
(i) by striking ``part for treatment'' and
inserting ``part for--
``(1) treatment'';
(ii) in paragraph (1), as so designated, by
striking the period at the end and inserting
``; and''; and
(iii) by adding at the end the following:
``(2) expanding residential substance use disorder
treatment programs to use not less than 1 medication or
treatment that has been approved to treat substance use
disorders pursuant to section 505 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355).'';
(3) in section 1902 (34 U.S.C. 10422)--
(A) in subsection (b)--
(i) in the subsection heading, by striking
``Abuse'' and inserting ``Use''; and
(ii) by striking ``substance abuse'' each
place it appears and inserting ``substance use
disorder'';
(B) in subsection (c), by striking ``substance
abuse'' each place it appears and inserting ``substance
use disorder'';
(C) in subsection (d), by striking ``substance
abuse treatment'' and inserting ``substance use
disorder treatment'';
(D) in subsection (f), by striking ``substance
abuse'' and inserting ``substance use disorder''; and
(E) by adding at the end the following:
``(g) Training Requirement.--
``(1) In general.--To be eligible to receive funds under
this part, the chief medical officer of the prison or jail or
appropriate staff overseeing the program shall complete
training, before or within a reasonable amount of time after
receiving the funds, on, at a minimum--
``(A) the science of addiction;
``(B) the latest research and clinical guidance for
detoxification and withdrawal management and the
treatment of substance use disorders in criminal
justice settings;
``(C) strategies for continuity of care during and
after incarceration;
``(D) an overview of--
``(i) all medications for the treatment of
substance use disorders;
``(ii) how to obtain certification as an
opioid treatment provider (OTP) or waivers
under the Controlled Substances Act (21 U.S.C.
801 et seq.) for prescribing certain
medications; and
``(iii) evidence-based behavioral therapies
used in addition to medication to improve
medication adherence and treatment outcomes;
and
``(E) any other topic determined by the Attorney
General, in coordination with the Secretary of Health
and Human Services and in consultation with experts in
addiction science, to be a core element for successful
training under this paragraph.
``(2) Requirement.--The training required under paragraph
(1) shall include guidance on how to--
``(A) engage relevant stakeholders;
``(B) identify available resources for, and gaps
and barriers to, providing residential substance use
disorder treatment; and
``(C) develop a plan to overcome obstacles to
administering and offering medication-assisted
treatment.
``(h) Provider Affiliation.--Any entity, including a prison or
jail, that receives Federal funds for a program or activity that offers
medication-assisted treatment shall have an affiliation with a provider
that can--
``(1) prescribe not less than 1 medication-assisted
treatment to patients after release from the entity; and
``(2) discuss the risks and benefits of, and alternatives
to, medication-assisted treatment with patients.''; and
(4) in section 1904 (34 U.S.C. 10424)--
(A) by amending subsection (c) to read as follows:
``(c) Local Allocation.--
``(1) In general.--Not less than 10 percent of the total
amount made available to a State under subsection (a) for any
fiscal year shall be used by the State to make grants to local
correctional and detention facilities in the State (provided
such facilities exist therein).
``(2) Jail-based substance use treatment programs.--A jail-
based substance use disorder treatment program described in
paragraph (1) may be made available to any individual who is--
``(A) awaiting trial or is otherwise in pre-trial
detention; or
``(B) serving a sentence of imprisonment in the
jail.''; and
(B) by amending subsection (d) to read as follows:
``(d) Evidence-Based Treatments.--
``(1) In general.--A State may use amounts received under
this part to--
``(A) provide any type of medication-assisted
treatment that has been approved to treat substance use
disorders pursuant to section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355), and any type of
biological product licensed under section 351 of the
Public Health Service Act (42 U.S.C. 262), and
prescribe overdose reversal medications during the
residential substance use disorder treatment program or
after care;
``(B) cover costs associated with the training
required under section 1902(g);
``(C) obtain waivers under clause (ii) or (iv) of
section 303(g)(2)(G) of the Controlled Substances Act
(21 U.S.C. 823(g)(2)(G)); and
``(D) obtain certification as an opioid treatment
provider (OTP) in accordance with part 8 of title 42,
Code of Federal Regulations, or any successor thereto,
or the prescription of medications to treat substance
use disorders.
``(2) Definition.--In this subsection, the term
`medication-assisted treatment' means a treatment plan that
combines behavioral therapy with any type of medication that
has been approved to treat substance use disorders pursuant to
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355), or any type of biological product licensed under
section 351 of the Public Health Service Act (42 U.S.C.
262).''.
(b) Authorization of Appropriations.--Section 1001(a)(17) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)(17)) is amended to read as follows:
``(17) There are authorized to be appropriated to carry out the
projects under part S $40,000,000 for each of fiscal years 2023 through
2027.''.
(c) Definition.--Section 901(25) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10251(25)) is amended
to read as follows:
``(25) the term `residential substance use disorder
treatment program' means a course of comprehensive individual
and group substance use disorder treatment services in
residential treatment facilities that, to the greatest extent
practicable, follow the guidance entitled, `Promising Practice
Guidelines for Residential Substance Abuse Treatment',
published in November 2017 by the Bureau of Justice Assistance,
or as thereafter amended to conform to current standards of
care;''.
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