[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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