[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1046 Engrossed in Senate (ES)]

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117th CONGRESS
  1st Session
                                S. 1046

_______________________________________________________________________

                                 AN ACT


 
  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 2021''.

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 2022 through 
2026.''.
    (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;''.

            Passed the Senate July 30, 2021.

            Attest:

                                                             Secretary.
117th CONGRESS

  1st Session

                                S. 1046

_______________________________________________________________________

                                 AN ACT

  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.