[Congressional Record Volume 167, Number 134 (Friday, July 30, 2021)]
[Senate]
[Pages S5223-S5224]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RESIDENTIAL SUBSTANCE USE DISORDER TREATMENT ACT OF 2021
Mr. SCHUMER. Madam President, I ask unanimous consent that the
Committee on the Judiciary be discharged from further consideration of
S. 1046 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 1046) 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.
There being no objection, the committee was discharged and the Senate
proceeded to consider the bill.
Mr. SCHUMER. I ask unanimous consent that the bill be considered read
a third time and passed and the motion to reconsider be considered made
and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 1046) was ordered to be engrossed for a third reading,
was read the third time, and passed as follows
S. 1046
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.
[[Page S5224]]
``(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;''.
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