I
118THCONGRESS
1
STSESSION 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
JANUARY10, 2023
Ms. J
ACKSONLEEintroduced 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Residential Substance 4
Use Disorder Treatment Act of 2023’’. 5
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SEC. 2. RESIDENTIAL SUBSTANCE USE DISORDER TREAT-1
MENT PROGRAM. 2
(a) A
MENDMENTS.—Part S of title I of the Omnibus 3
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 4
10421 et seq.) is amended— 5
(1) in the part heading, by striking ‘‘
SUB-6
STANCE ABUSE ’’ and inserting ‘‘SUBSTANCE USE 7
DISORDER’’; 8
(2) in section 1901 (34 U.S.C. 10421)— 9
(A) in subsection (a)— 10
(i) in paragraph (1)— 11
(I) by striking ‘‘substance abuse’’ 12
each place it appears and inserting 13
‘‘substance use disorder’’; and 14
(II) by inserting after ‘‘pro-15
grams’’ the following: ‘‘, including 16
medication-assisted treatment pro-17
grams, which shall be permitted to 18
use any type of medication that has 19
been approved to treat substance use 20
disorders pursuant to section 505 of 21
the Federal Food, Drug, and Cos-22
metic Act (21 U.S.C. 355), or any 23
type of biological product licensed 24
under section 351 of the Public 25
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Health Service Act (42 U.S.C. 262),’’; 1
and 2
(ii) in paragraph (3), by striking 3
‘‘substance abuse’’ each place it appears 4
and inserting ‘‘substance use disorder’’; 5
(B) in subsection (b), by striking ‘‘sub-6
stance abuse’’ and inserting ‘‘substance use dis-7
order’’; and 8
(C) in subsection (c)— 9
(i) by striking ‘‘part for treatment’’ 10
and inserting ‘‘part for— 11
‘‘(1) treatment’’; 12
(ii) in paragraph (1), as so des-13
ignated, by striking the period at the end 14
and inserting ‘‘; and’’; and 15
(iii) by adding at the end the fol-16
lowing: 17
‘‘(2) expanding residential substance use dis-18
order treatment programs to use not less than 1 19
medication or treatment that has been approved to 20
treat substance use disorders pursuant to section 21
505 of the Federal Food, Drug, and Cosmetic Act 22
(21 U.S.C. 355).’’; 23
(3) in section 1902 (34 U.S.C. 10422)— 24
(A) in subsection (b)— 25
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(i) in the subsection heading, by strik-1
ing ‘‘A
BUSE’’ and inserting ‘‘USE’’; and 2
(ii) by striking ‘‘substance abuse’’ 3
each place it appears and inserting ‘‘sub-4
stance use disorder’’; 5
(B) in subsection (c), by striking ‘‘sub-6
stance abuse’’ each place it appears and insert-7
ing ‘‘substance use disorder’’; 8
(C) in subsection (d), by striking ‘‘sub-9
stance abuse treatment’’ and inserting ‘‘sub-10
stance use disorder treatment’’; 11
(D) in subsection (f), by striking ‘‘sub-12
stance abuse’’ and inserting ‘‘substance use dis-13
order’’; and 14
(E) by adding at the end the following: 15
‘‘(g) T
RAININGREQUIREMENT.— 16
‘‘(1) I
N GENERAL.—To be eligible to receive 17
funds under this part, the chief medical officer of 18
the prison or jail or appropriate staff overseeing the 19
program shall complete training, before or within a 20
reasonable amount of time after receiving the funds, 21
on, at a minimum— 22
‘‘(A) the science of addiction; 23
‘‘(B) the latest research and clinical guid-24
ance for detoxification and withdrawal manage-25
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ment and the treatment of substance use dis-1
orders in criminal justice settings; 2
‘‘(C) strategies for continuity of care dur-3
ing and after incarceration; 4
‘‘(D) an overview of— 5
‘‘(i) all medications for the treatment 6
of substance use disorders; 7
‘‘(ii) how to obtain certification as an 8
opioid treatment provider (OTP) or waiv-9
ers under the Controlled Substances Act 10
(21 U.S.C. 801 et seq.) for prescribing cer-11
tain medications; and 12
‘‘(iii) evidence-based behavioral thera-13
pies used in addition to medication to im-14
prove medication adherence and treatment 15
outcomes; and 16
‘‘(E) any other topic determined by the At-17
torney General, in coordination with the Sec-18
retary of Health and Human Services and in 19
consultation with experts in addiction science, 20
to be a core element for successful training 21
under this paragraph. 22
‘‘(2) R
EQUIREMENT.—The training required 23
under paragraph (1) shall include guidance on how 24
to— 25
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‘‘(A) engage relevant stakeholders; 1
‘‘(B) identify available resources for, and 2
gaps and barriers to, providing residential sub-3
stance use disorder treatment; and 4
‘‘(C) develop a plan to overcome obstacles 5
to administering and offering medication-as-6
sisted treatment. 7
‘‘(h) P
ROVIDERAFFILIATION.—Any entity, including 8
a prison or jail, that receives Federal funds for a program 9
or activity that offers medication-assisted treatment shall 10
have an affiliation with a provider that can— 11
‘‘(1) prescribe not less than 1 medication-as-12
sisted treatment to patients after release from the 13
entity; and 14
‘‘(2) discuss the risks and benefits of, and alter-15
natives to, medication-assisted treatment with pa-16
tients.’’; and 17
(4) in section 1904 (34 U.S.C. 10424)— 18
(A) by amending subsection (c) to read as 19
follows: 20
‘‘(c) L
OCALALLOCATION.— 21
‘‘(1) I
N GENERAL.—Not less than 10 percent of 22
the total amount made available to a State under 23
subsection (a) for any fiscal year shall be used by 24
the State to make grants to local correctional and 25
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detention facilities in the State (provided such facili-1
ties exist therein). 2
‘‘(2) J
AIL-BASED SUBSTANCE USE TREATMENT 3
PROGRAMS.—A jail-based substance use disorder 4
treatment program described in paragraph (1) may 5
be made available to any individual who is— 6
‘‘(A) awaiting trial or is otherwise in pre- 7
trial detention; or 8
‘‘(B) serving a sentence of imprisonment in 9
the jail.’’; and 10
(B) by amending subsection (d) to read as 11
follows: 12
‘‘(d) E
VIDENCE-BASEDTREATMENTS.— 13
‘‘(1) I
N GENERAL.—A State may use amounts 14
received under this part to— 15
‘‘(A) provide any type of medication-as-16
sisted treatment that has been approved to 17
treat substance use disorders pursuant to sec-18
tion 505 of the Federal Food, Drug, and Cos-19
metic Act (21 U.S.C. 355), and any type of bio-20
logical product licensed under section 351 of 21
the Public Health Service Act (42 U.S.C. 262), 22
and prescribe overdose reversal medications 23
during the residential substance use disorder 24
treatment program or after care; 25
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‘‘(B) cover costs associated with the train-1
ing required under section 1902(g); 2
‘‘(C) obtain waivers under clause (ii) or 3
(iv) of section 303(g)(2)(G) of the Controlled 4
Substances Act (21 U.S.C. 823(g)(2)(G)); and 5
‘‘(D) obtain certification as an opioid 6
treatment provider (OTP) in accordance with 7
part 8 of title 42, Code of Federal Regulations, 8
or any successor thereto, or the prescription of 9
medications to treat substance use disorders. 10
‘‘(2) D
EFINITION.—In this subsection, the term 11
‘medication-assisted treatment’ means a treatment 12
plan that combines behavioral therapy with any type 13
of medication that has been approved to treat sub-14
stance use disorders pursuant to section 505 of the 15
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 16
355), or any type of biological product licensed 17
under section 351 of the Public Health Service Act 18
(42 U.S.C. 262).’’. 19
(b) A
UTHORIZATION OF APPROPRIATIONS.—Section 20
1001(a)(17) of title I of the Omnibus Crime Control and 21
Safe Streets Act of 1968 (34 U.S.C. 10261(a)(17)) is 22
amended to read as follows: 23
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‘‘(17) There are authorized to be appropriated to 1
carry out the projects under part S $40,000,000 for each 2
of fiscal years 2023 through 2027.’’. 3
(c) D
EFINITION.—Section 901(25) of title I of the 4
Omnibus Crime Control and Safe Streets Act of 1968 (34 5
U.S.C. 10251(25)) is amended to read as follows: 6
‘‘(25) the term ‘residential substance use dis-7
order treatment program’ means a course of com-8
prehensive individual and group substance use dis-9
order treatment services in residential treatment fa-10
cilities that, to the greatest extent practicable, follow 11
the guidance entitled, ‘Promising Practice Guidelines 12
for Residential Substance Abuse Treatment’, pub-13
lished in November 2017 by the Bureau of Justice 14
Assistance, or as thereafter amended to conform to 15
current standards of care;’’. 16
Æ
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