II 

116TH CONGRESS 

2D SESSION S. 5000 

To provide support with respect to the prevention of, treatment for, and 

recovery from, substance use disorder. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 10, 2020 

Mr. PORTMAN (for himself, Mr. WHITEHOUSE, Ms. KLOBUCHAR, Ms. CANTWELL, and Mrs. SHAHEEN) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To provide support with respect to the prevention of, 

treatment for, and recovery from, substance use disorder. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘CARA 2.0 Act of 2020’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—RESEARCH, EDUCATION, AND PREVENTION 


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Sec. 101. National Education Campaign. 

Sec. 102. Research into non-opioid pain management. 

Sec. 103. Long-term treatment outcomes research. 

Sec. 104. National Commission for Excellence on Post-Overdose Response. 

Sec. 105. Workforce for prevention. 

Sec. 106. Reauthorization of community-based coalition enhancement grants to 

address local drug crises. 

TITLE II—TREATMENT 

Sec. 201. Three-day limit on opioid prescriptions. 

Sec. 202. Evidence-based substance use disorder treatment and intervention 

demonstrations. 

Sec. 203. National youth and young adult recovery initiative. 

Sec. 204. Improving treatment for pregnant, postpartum, and parenting 

women. 

Sec. 205. Require the use of prescription drug monitoring programs. 

Sec. 206. Prescriber education. 

Sec. 207. Prohibition of utilization control policies or procedures for medication-assisted treatment under Medicaid. 

Sec. 208. Pilot program on expanding access to treatment. 

Sec. 209. Reauthorization of PRAC Ed grant program. 

TITLE III—RECOVERY 

Subtitle A—General Provisions 

Sec. 301. Building communities of recovery. 

Sec. 302. Medication-assisted treatment for recovery from substance use disorder. 

Sec. 303. Recovery in the workplace. 

Sec. 304. Telehealth for recovery support services. 

Subtitle B—Recovery Housing 

Sec. 311. Clarifying the role of SAMHSA in promoting the availability of highquality recovery housing. 

Sec. 312. Developing guidelines for States to promote the availability of highquality recovery housing. 

Sec. 313. Coordination of Federal activities to promote the availability of highquality recovery housing. 

Sec. 314. NAS study. 

Sec. 315. Grants for States to promote the availability of high quality recovery 

housing. 

Sec. 316. Authorization of appropriations. 

Sec. 317. Reputable providers and analysts of recovery housing services definition. 

Sec. 318. Technical correction. 

TITLE IV—CRIMINAL JUSTICE 

Sec. 401. Medication-assisted Treatment Corrections and Community Reentry 

Program. 

Sec. 402. Deflection and pre-arrest diversion. 

Sec. 403. Housing. 

Sec. 404. Veterans treatment courts. 


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1 SEC. 2. FINDINGS. 

2 Congress finds as follows: 

3 (1) In the 1980s and 1990s, pharmaceutical 

4 companies began developing new drugs for pain 

5 treatment, including extended release oxycodone. 

6 These companies aggressively marketed these drugs 

7 to the medical community as a way to address 

8 ‘‘under-treatment’’ of physical pain. Drug companies 

9 distributed 76,000,000,000 oxycodone and 

10 hydrocodone pain pills nationwide from 2006 to 

11 2012. 

12 (2) The combination of a rising number of pre13 scriptions, misinformation about the addictive prop14 erties of prescription opioids, and the perception 

15 that prescription drugs are less harmful than illicit 

16 drugs has caused an increase in drug misuse. 

17 (3) As legitimate production and illegal diver18 sion of opioids skyrocketed, so did the number of 

19 opioid overdose deaths. From 1999 to 2017, almost 

20 218,000 people died in the United States from 

21 overdoses related to prescription opioids. More re22 cently, fentanyl, a powerful synthetic opioid, sur23 passed prescription opioids as the most lethal over24 dose substance and now is linked to nearly 3 times 

25 as many deaths. 

26 (4) The scale of the opioid crisis is staggering: 


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1 (A) In 2018, approximately 10,300,000 

2 people in the United States age 12 and older 

3 misused opioids. 

4 (B) On average, 130 people in the United 

5 States die every day from an opioid overdose. 

6 (C) The opioid crisis has cost the United 

7 States economy at least $631,000,000,000. 

8 (D) From 2013 to 2017, the number of 

9 children in foster care nationwide increased 10 

10 percent to nearly 442,995. Parental drug use 

11 was cited as a factor in 36 percent of cases. 

12 (5) The opioid crisis has also led to a cascade 

13 of other negative health impacts. For example, sy14 ringe sharing among people who inject drugs has led 

15 to increases in hepatitis C virus infections and infec16 tive endocarditis, as well as localized HIV outbreaks. 

17 (6) The United States health care system has 

18 struggled to catch up to the crisis: 

19 (A) The majority of people in the United 

20 States with an opioid use disorder do not re21 ceive substance use treatment, and many who 

22 do receive such treatment do not receive evi23 dence-based treatment. Although medication-as24 sisted treatment has been endorsed by the Na25 tional Institutes of Health and the World 


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1 Health Organization, only one-third of treat2 ment programs offer any of the 3 drugs ap3 proved by the Food and Drug Administration 

4 for the treatment of opioid use disorder, and 

5 just 6 percent of medication-offering facilities 

6 provide all 3. 

7 (B) Facilities that provide medications for 

8 the treatment of opioid disorder are con9 centrated in the Northeast and Southwest, leav10 ing many of the areas hit hardest by the opioid 

11 crisis without access to evidence-based treat12 ment. The need is particularly acute in rural 

13 areas, which often do not have enough providers 

14 to meet the demand. 

15 (C) Unlike other health care needs, sub16 stance use treatment is largely funded by State 

17 and local revenues and Federal block grants, 

18 rather than the Medicare program, the Med19 icaid program, and private insurance. 

20 (D) While new substances, particularly 

21 synthetic drugs, continue to make inroads into 

22 communities in the United States, funding 

23 streams are often dedicated to particular sub24 stances, limiting providers’ ability to adapt to 

25 changing needs. 


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1 (E) The stigma associated with substance 

2 use disorder prevents people from seeking treat3 ment. Too often, people enter substance use 

4 treatment only after committing a criminal of5 fense, whether through a court mandate, as a 

6 condition of parole or probation supervision, or 

7 as a condition of regaining employment after 

8 conviction. In 2003, 36 percent of all substance 

9 use treatment admissions, 40 percent of all al10 cohol abuse treatment admissions, and 57 per11 cent of all marijuana use treatment admissions 

12 were referrals from the criminal justice system. 

13 (F) The stigma of substance use disorder 

14 also limits people’s ability to find jobs and 

15 housing. These obstacles are exacerbated by the 

16 criminalization of substance use disorder—even 

17 convictions for drug possession for personal use 

18 can create lifelong collateral consequences. The 

19 absence of stable housing and employment 

20 make it even more difficult for people to live 

21 drug free. 

22 (7) Not all people in the United States have 

23 equal access to substance use treatment in the com24 munity. Current research has found that Black and 

25 Latinx Americans are less likely to receive substance 


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1 use treatment when controlling for other relevant 

2 factors, like socioeconomic status. 

3 (8) Inadequate access to substance use treat4 ment can exacerbate other health disparities. Indi5 viduals with substance use disorders have higher 

6 rates of suicide attempts than individuals in the gen7 eral population, high health care expenses, and sig8 nificant disability. 

9 (9) A comprehensive public health approach 

10 that tackles both the causes and the consequences of 

11 substance use disorder is necessary to stem the tide. 

12 TITLE I—RESEARCH, 

13 EDUCATION, AND PREVENTION 

14 SEC. 101. NATIONAL EDUCATION CAMPAIGN. 

15 Section 102 of the Comprehensive Addiction and Re16 covery Act of 2016 (42 U.S.C. 290bb–25g) is amended— 

17 (1) in subsection (a), by inserting ‘‘or other 

18 controlled substances (as defined in section 102 of 

19 the Controlled Substances Act (21 U.S.C. 802))’’ 

20 after ‘‘opioids’’ each place such term appears; 

21 (2) in subsection (b), by striking ‘‘opioid’’ each 

22 place it appears and inserting ‘‘substance’’; 

23 (3) in subsection (c)— 

24 (A) in paragraph (2), by striking ‘‘and’’ at 

25 the end; 


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1 (B) in paragraph (3), by striking the pe2 riod and inserting a semicolon; and 

3 (C) by adding at the end the following: 

4 ‘‘(4) use destigmatizing language promoting hu5 mane and culturally competent (as defined in section 

6 102 of the Developmental Disabilities Assistance 

7 and Bill of Rights Act of 2000 (42 U.S.C. 15002)) 

8 treatment of all individuals who face substance use 

9 disorder, including such individuals who use medica10 tion-assisted treatment for recovery purposes; 

11 ‘‘(5) educate stakeholders on the evidence base 

12 and validation of harm reduction and where to ob13 tain harm reduction services; 

14 ‘‘(6) include information about polysubstance 

15 use; and 

16 ‘‘(7) include information about prevention and 

17 treatment using medication-assisted treatment and 

18 recovery.’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

21 is authorized to be appropriated to carry out this section 

22 such sums as may be necessary for each of fiscal years 

23 2021 through 2026.’’. 


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1 SEC. 102. RESEARCH INTO NON-OPIOID PAIN MANAGE2 MENT. 

3 (a) IN GENERAL.—The Secretary of Health and 

4 Human Services, acting through the Director of the Na5 tional Institutes of Health and the Director of the Centers 

6 for Disease Control and Prevention, shall carry out re7 search with respect to non-opioid methods of pain manage8 ment, including non-pharmaceutical remedies for pain and 

9 integrative medicine solutions. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

11 out this section, there are authorized to be appropriated 

12 such sums as may be necessary for each of fiscal years 

13 2021 through 2026. 

14 SEC. 103. LONG-TERM TREATMENT OUTCOMES RESEARCH. 

15 (a) IN GENERAL.—The Secretary of Health and 

16 Human Services shall award grants to eligible entities to 

17 carry out evidence-based, long-term outcomes research, 

18 over 5-year periods, for different modalities of treatment 

19 for substance use disorder. Such research shall measure 

20 mortality, morbidity, physical and emotional health, em21 ployment, stable housing, criminal justice involvement, 

22 family relationships, and other quality-of-life measures. 

23 Such research shall distinguish outcomes based on race, 

24 gender, and socioeconomic status, as well as any other rel25 evant characteristics. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

2 out this section, there are authorized to be appropriated 

3 such sums as may be necessary. 

4 SEC. 104. NATIONAL COMMISSION FOR EXCELLENCE ON 

5 POST-OVERDOSE RESPONSE. 

6 (a) IN GENERAL.—The Assistant Secretary of Health 

7 and Human Services for Mental Health and Substance 

8 Use (referred to in this section as the ‘‘Assistant Sec9 retary’’), in consultation with the Director of the Office 

10 of National Drug Control Policy, and the President of the 

11 National Academy of Medicine, shall establish an advisory 

12 commission, to be known as the ‘‘National Commission for 

13 Excellence on Post-Overdose Response’’, that— 

14 (1) provides evidence, practical tools, and other 

15 resources for researchers and evaluators, clinicians 

16 and clinical teams, quality improvement experts, and 

17 healthcare decision makers to improve the quality 

18 and safety of care for drug overdoses and substance 

19 use disorder; 

20 (2) advises the individuals described in para21 graph (1) on— 

22 (A) how to achieve equitable outcomes 

23 across race and socioeconomic status; and 

24 (B) how to effectively and appropriately 

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1 gency department admissions, and other ad2 verse events related to substance use disorder 

3 care; and 

4 (3) develops culturally competent (as defined in 

5 section 102 of the Developmental Disabilities Assist6 ance and Bill of Rights Act of 2000 (42 U.S.C. 

7 15002)) best practices and clinical practice guide8 lines. 

9 (b) MEMBERSHIP.—The members of the commission 

10 established under subsection (a) shall include— 

11 (1) a representative of the Substance Abuse 

12 and Mental Health Services Administration; 

13 (2) a representative of the Office of National 

14 Drug Control Policy; 

15 (3) a representative of the National Academy of 

16 Medicine; 

17 (4) a representative of the National Institute on 

18 Drug Abuse; 

19 (5) a substance use disorder specialist ap20 pointed by the Assistant Secretary; 

21 (6) a peer recovery specialist appointed by the 

22 Assistant Secretary; and 

23 (7) any other individual that the Assistant Sec24 retary determines appropriate. 


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1 (c) SUNSET.—The commission established under sub2 section (a) shall terminate on the date that is 10 years 

3 after the date of enactment of this Act. 

4 SEC. 105. WORKFORCE FOR PREVENTION. 

5 Subpart 2 of part B of title V of the Public Health 

6 Service Act (42 U.S.C. 290bb–21 et seq.) is amended by 

7 adding at the end the following: 

8 ‘‘SEC. 519E. EMPLOYMENT AND TRAINING SERVICES. 

9 ‘‘(a) IN GENERAL.—The Director of the Prevention 

10 Center shall— 

11 ‘‘(1) not later than 30 days after the date of 

12 enactment of this Act, announce an opportunity to 

13 apply for grants or contracts awarded to support the 

14 activities described in subsection (b); and 

15 ‘‘(2) from the funds appropriated under sub16 section (c), not later than 45 days after the date on 

17 which an entity submits an application that meets 

18 the requirements of the Secretary under this section, 

19 award funds under this section to such entity. 

20 ‘‘(b) USE OF FUNDS.—An entity that receives funds 

21 under this section shall use the funds to support employ22 ment and training services for substance use treatment 

23 professionals, including peer recovery specialists. 

24 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out this section 


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1 such sums as may be necessary for each of fiscal years 

2 2021 through 2026.’’. 

3 SEC. 106. REAUTHORIZATION OF COMMUNITY-BASED COA4 LITION ENHANCEMENT GRANTS TO ADDRESS 

5 LOCAL DRUG CRISES. 

6 Section 103(i) of the Comprehensive Addiction and 

7 Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by 

8 striking ‘‘there are authorized to be appropriated 

9 $5,000,000 for each of fiscal years 2017 through 2021.’’ 

10 and inserting the following: ‘‘there are authorized to be 

11 appropriated— 

12 ‘‘(1) $5,000,000 for each of fiscal years 2017 

13 through 2020; and 

14 ‘‘(2) $10,000,000 for each of fiscal years 2021 

15 through 2026.’’. 

16 TITLE II—TREATMENT 

17 SEC. 201. THREE-DAY LIMIT ON OPIOID PRESCRIPTIONS. 

18 Section 303 of the Controlled Substances Act (21 

19 U.S.C. 823) is amended by adding at the end the fol20 lowing: 

21 ‘‘(l) THREE-DAY LIMIT ON OPIOID PRESCRIP22 TIONS.— 

23 ‘‘(1) DEFINITIONS.—In this subsection— 

24 ‘‘(A) the term ‘acute pain’— 


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1 ‘‘(i) means pain with abrupt onset and 

2 caused by an injury or other process that 

3 is not ongoing; and 

4 ‘‘(ii) does not include— 

5 ‘‘(I) chronic pain; 

6 ‘‘(II) pain being treated as part 

7 of cancer care; 

8 ‘‘(III) hospice or other end-of-life 

9 care; or 

10 ‘‘(IV) pain being treated as part 

11 of palliative care; and 

12 ‘‘(B) the term ‘substance use treatment 

13 opioid prescription’ means a prescription— 

14 ‘‘(i) for an opioid drug in schedule II, 

15 III, or IV approved by the Food and Drug 

16 Administration for an indication for the 

17 treatment of substance use disorder; and 

18 ‘‘(ii) that is for the treatment of sub19 stance use disorder. 

20 ‘‘(2) THREE-DAY LIMIT.—The Attorney General 

21 may not register, or renew the registration of, a 

22 practitioner under subsection (f) who is licensed 

23 under State law to prescribe controlled substances in 

24 schedule II, III, or IV, unless the practitioner sub25 mits to the Attorney General, for each such registraVerDate Sep 11 2014 22:48 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S5000.IS S5000

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1 tion or renewal request, a certification that the prac2 titioner, during the applicable registration period, 

3 will not prescribe any opioid in schedule II, III, or 

4 IV, other than a substance use disorder treatment 

5 opioid prescription, for the initial treatment of acute 

6 pain in an amount in excess of a 3-day supply.’’. 

7 SEC. 202. EVIDENCE-BASED SUBSTANCE USE DISORDER 

8 TREATMENT AND INTERVENTION DEM9 ONSTRATIONS. 

10 Section 514B of the Public Health Service Act (42 

11 U.S.C. 290bb–10) is amended— 

12 (1) in subsection (a), by adding at the end the 

13 following: 

14 ‘‘(3) USE OF FUNDS FOR TRAINING.—Funds 

15 awarded under paragraph (1) may be used by a re16 cipient for training emergency room technicians, 

17 physicians, nurses, or other health care professionals 

18 on identifying the presence of substance use dis19 orders, and how effectively to engage with, intervene 

20 with respect to, and refer patients for assessment 

21 and specialized substance use disorder care, includ22 ing medication-assisted treatment and care for co-oc23 curring disorders.’’; 

24 (2) in subsection (d), by inserting ‘‘, and Indian 

25 tribes and tribal organizations (as defined in section 


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1 4 of the Indian Self-Determination and Education 

2 Assistance Act)’’ before the period of the first sen3 tence; and 

4 (3) in subsection (f), by inserting before the pe5 riod the following: ‘‘, and $300,000,000 for each of 

6 fiscal years 2021 through 2026’’. 

7 SEC. 203. NATIONAL YOUTH AND YOUNG ADULT RECOVERY 

8 INITIATIVE. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti11 ty’’ means— 

12 (A) a high school that has been accredited 

13 as a substance use recovery high school or that 

14 is seeking to establish or expand substance use 

15 recovery support services; 

16 (B) an institution of higher education; 

17 (C) a recovery program at an institution of 

18 higher education; 

19 (D) a nonprofit organization; or 

20 (E) a technical assistance center that can 

21 help grantees install recovery support service 

22 programs aimed at youth and young adults 

23 which include recovery coaching, job training, 

24 transportation, linkages to community-based 

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1 native peer group activities, life-skills education, 

2 mentoring, and leadership development. 

3 (2) HIGH SCHOOL.—The term ‘‘high school’’ 

4 has the meaning given the term in section 8101 of 

5 the Elementary and Secondary Education Act of 

6 1965 (20 U.S.C. 7801). 

7 (3) INSTITUTION OF HIGHER EDUCATION.—The 

8 term ‘‘institution of higher education’’ has the 

9 meaning given the term in section 101 of the Higher 

10 Education Act of 1965 (20 U.S.C. 1001). 

11 (4) RECOVERY PROGRAM.—The term ‘‘recovery 

12 program’’ means a program— 

13 (A) to help youth or young adults who are 

14 recovering from substance use disorders to ini15 tiate, stabilize, and maintain healthy and pro16 ductive lives in the community; and 

17 (B) that includes peer-to-peer support de18 livered by individuals with lived experience in 

19 recovery, and communal activities to build re20 covery skills and supportive social networks. 

21 (b) GRANTS AUTHORIZED.—The Assistant Secretary 

22 for Mental Health and Substance Use, in consultation 

23 with the Secretary of Education, shall award grants, on 

24 a competitive basis, to eligible entities to enable the eligi25 ble entities to— 


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1 (1) provide culturally competent (as defined in 

2 section 102 of the Developmental Disabilities Assist3 ance and Bill of Rights Act of 2000 (42 U.S.C. 

4 15002)) substance use recovery support services to 

5 youth and young adults enrolled in high school or an 

6 institution of higher education; 

7 (2) help build communities of support for youth 

8 and young adults in substance use recovery through 

9 a spectrum of activities such as counseling, job 

10 training, recovery coaching, alternative peer groups, 

11 life-skills workshops, family support groups, and 

12 health and wellness-oriented social activities; and 

13 (3) encourage initiatives designed to help youth 

14 and young adults achieve and sustain recovery from 

15 substance use disorders. 

16 (c) APPLICATION.—An eligible entity desiring a grant 

17 under this section shall submit to the Assistant Secretary 

18 for Mental Health and Substance Use an application at 

19 such time, in such manner, and containing such informa20 tion as the Assistant Secretary may require. 

21 (d) PREFERENCE.—In awarding grants under sub22 section (b), the Assistant Secretary for Mental Health and 

23 Substance Use shall give preference to eligible entities that 

24 propose to serve students from areas with schools serving 

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1 tion 1124(c) of the Elementary and Secondary Education 

2 Act of 1965 (20 U.S.C. 6333(c)). 

3 (e) USE OF FUNDS.—Grants awarded under sub4 section (b) may be used for activities to develop, support, 

5 or maintain substance use recovery support services for 

6 youth or young adults, including— 

7 (1) the development and maintenance of a dedi8 cated physical space for recovery programs; 

9 (2) hiring dedicated staff for the provision of 

10 recovery programs; 

11 (3) providing health and wellness-oriented social 

12 activities and community engagement; 

13 (4) the establishment of a substance use recov14 ery high school; 

15 (5) the coordination of a peer delivered sub16 stance use recovery program with— 

17 (A) substance use disorder treatment pro18 grams and systems that utilize culturally com19 petent (as defined in section 102 of the Devel20 opmental Disabilities Assistance and Bill of 

21 Rights Act of 2000 (42 U.S.C. 15002)) services 

22 that reflect the communities they serve; 

23 (B) providers of mental health services; 

24 (C) primary care providers; 


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1 (D) the criminal justice system, including 

2 the juvenile justice system; 

3 (E) employers; 

4 (F) recovery housing services; 

5 (G) child welfare services; 

6 (H) high schools; and 

7 (I) institutions of higher education; 

8 (6) the development of peer-to-peer support 

9 programs or services delivered by individuals with 

10 lived experience in substance use disorder recovery; 

11 and 

12 (7) any additional activity that helps youth or 

13 young adults achieve recovery from substance use 

14 disorders. 

15 (f) RESOURCE CENTER.—The Assistant Secretary 

16 for Mental Health and Substance Use shall establish a re17 source center to provide technical support to recipients of 

18 grants under this section. 

19 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated $10,000,000 for each 

21 of fiscal years 2021 through 2026. 

22 SEC. 204. IMPROVING TREATMENT FOR PREGNANT, 

23 POSTPARTUM, AND PARENTING WOMEN. 

24 Section 508 of the Public Health Service Act (42 

25 U.S.C. 290bb–1) is amended— 


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1 (1) in subsection (m)— 

2 (A) by striking ‘‘shall give priority’’ and 

3 inserting ‘‘shall give— 

4 ‘‘(1) priority’’; 

5 (B) by striking the period at the end and 

6 inserting ‘‘; and’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(2) preference to an applicant that agrees to— 

9 ‘‘(A) allow participation in the program 

10 supported by the award by individuals taking a 

11 drug or combination of drugs approved by the 

12 Food and Drug Administration for medication13 assisted treatment, including such individuals 

14 taking an opioid agonist; 

15 ‘‘(B) provide culturally competent services 

16 (as defined in section 102 of the Developmental 

17 Disabilities Assistance and Bill of Rights Act of 

18 2000); 

19 ‘‘(C) ensure flexible lengths of stay in the 

20 treatment program; and 

21 ‘‘(D) use peer recovery advocates in the 

22 program supported by the award.’’; 

23 (2) in subsection (p), by inserting ‘‘, and demo24 graphic data on the individuals served by programs 

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1 ported to the Director by award recipients’’ before 

2 the period at the end of the third sentence; and 

3 (3) in subsection (s), by striking ‘‘$29,931,000 

4 for each of fiscal years 2019 through 2023’’ and in5 serting ‘‘100,000,000 for each of fiscal years 2021 

6 through 2026’’. 

7 SEC. 205. REQUIRE THE USE OF PRESCRIPTION DRUG MON8 ITORING PROGRAMS. 

9 (a) DEFINITIONS.—In this section: 

10 (1) CONTROLLED SUBSTANCE.—The term 

11 ‘‘controlled substance’’ has the meaning given the 

12 term in section 102 of the Controlled Substances 

13 Act (21 U.S.C. 802). 

14 (2) COVERED STATE.—The term ‘‘covered 

15 State’’ means a State that receives funding under 

16 the Harold Rogers Prescription Drug Monitoring 

17 Program established under the Departments of 

18 Commerce, Justice, and State, the Judiciary, and 

19 Related Agencies Appropriations Act, 2002 (Public 

20 Law 107–77; 115 Stat. 748), under this Act (or an 

21 amendment made by this Act), or under the con22 trolled substance monitoring program under section 

23 399O of the Public Health Service Act (42 U.S.C. 

24 280g–3). 

25 (3) DISPENSER.—The term ‘‘dispenser’’— 


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1 (A) means a person licensed or otherwise 

2 authorized by a State to deliver a prescription 

3 drug product to a patient or an agent of the pa4 tient; and 

5 (B) does not include a person involved in 

6 oversight or payment for prescription drugs. 

7 (4) PDMP.—The term ‘‘PDMP’’ means a pre8 scription drug monitoring program. 

9 (5) PRACTITIONER.—The term ‘‘practitioner’’ 

10 means a practitioner registered under section 303(f) 

11 of the Controlled Substances Act (21 U.S.C. 823(f)) 

12 to prescribe, administer, or dispense controlled sub13 stances. 

14 (6) STATE.—The term ‘‘State’’ means each of 

15 the several States and the District of Columbia. 

16 (b) IN GENERAL.—Beginning 1 year after the date 

17 of enactment of this Act, each covered State shall re18 quire— 

19 (1) each prescribing practitioner within the cov20 ered State or their designee, who shall be licensed or 

21 registered healthcare professionals or other employ22 ees who report directly to the practitioner, to consult 

23 the PDMP of the covered State before initiating 

24 treatment with a prescription for a controlled sub25 stance listed in schedule II, III, or IV of section 


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1 202(c) of the Controlled Substances Act (21 U.S.C. 

2 812(c)), and every 3 months thereafter as long as 

3 the treatment continues; 

4 (2) the PDMP of the covered State to provide 

5 proactive notification to a practitioner when patterns 

6 indicative of controlled substance misuse, including 

7 opioid misuse, are detected; 

8 (3) each dispenser within the covered State to 

9 report each prescription for a controlled substance 

10 dispensed by the dispenser to the PDMP not later 

11 than 24 hours after the controlled substance is dis12 pensed to the patient; 

13 (4) that the PDMP make available a quarterly 

14 de-identified data set and an annual report for pub15 lic and private use, including use by healthcare pro16 viders, health plans and health benefits administra17 tors, State agencies, and researchers, which shall, at 

18 a minimum, meet requirements established by the 

19 Attorney General, in coordination with the Secretary 

20 of Health and Human Services; 

21 (5) each State agency that administers the 

22 PDMP to— 

23 (A) proactively analyze data available 

24 through the PDMP; and 


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1 (B) provide reports to prescriber licensing 

2 boards describing any prescribing practitioner 

3 that repeatedly fall outside of expected norms 

4 or standard practices for the prescribing practi5 tioner’s field; and 

6 (6) that the data contained in the PDMP of the 

7 covered State be made available to other States. 

8 (c) NONCOMPLIANCE.—If a covered State fails to 

9 comply with subsection (a), the Attorney General or the 

10 Secretary of Health and Human Services may withhold 

11 grant funds from being awarded to the covered State 

12 under the Harold Rogers Prescription Drug Monitoring 

13 Program established under the Departments of Com14 merce, Justice, and State, the Judiciary, and Related 

15 Agencies Appropriations Act, 2002 (Public Law 107–77; 

16 115 Stat. 748), under this Act (or an amendment made 

17 by this Act), or under the controlled substance monitoring 

18 program under section 399O of the Public Health Service 

19 Act (42 U.S.C. 280g–3). 

20 SEC. 206. PRESCRIBER EDUCATION. 

21 (a) IN GENERAL.—Section 303 of the Controlled 

22 Substances Act (21 U.S.C. 823), as amended by section 

23 201, is amended— 

24 (1) in subsection (f), in the matter preceding 

25 paragraph (1), by striking ‘‘The Attorney General 


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1 shall register’’ and inserting ‘‘Subject to subsection 

2 (m), the Attorney General shall register’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(m) PRESCRIBER EDUCATION.— 

5 ‘‘(1) DEFINITIONS.—In this subsection— 

6 ‘‘(A) the term ‘covered agent or employee’ 

7 means an agent or employee of a covered facil8 ity who— 

9 ‘‘(i) prescribes controlled substances 

10 for humans under the registration of the 

11 facility under this part; and 

12 ‘‘(ii) is a medical resident; 

13 ‘‘(B) the term ‘covered facility’ means a 

14 practitioner— 

15 ‘‘(i) that is a hospital or other institu16 tion; 

17 ‘‘(ii) that is licensed under State law 

18 to prescribe controlled substances; and 

19 ‘‘(iii) under whose registration under 

20 this part agents or employees of the practi21 tioner prescribe controlled substances; 

22 ‘‘(C) the term ‘covered individual practi23 tioner’ means a practitioner who— 

24 ‘‘(i) is an individual; 

25 ‘‘(ii) is not a veterinarian; and 


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1 ‘‘(iii) is licensed under State law to 

2 prescribe controlled substances; and 

3 ‘‘(D) the term ‘specified continuing edu4 cation topics’ means— 

5 ‘‘(i) alternatives to opioids for pain 

6 management; 

7 ‘‘(ii) palliative care; 

8 ‘‘(iii) substance use disorder; 

9 ‘‘(iv) adverse events; 

10 ‘‘(v) potential for dependence; 

11 ‘‘(vi) tolerance; 

12 ‘‘(vii) prescribing contraindicated sub13 stances; 

14 ‘‘(viii) medication-assisted treatment; 

15 ‘‘(ix) culturally competent (as defined 

16 in section 102 of the Developmental Dis17 abilities Assistance and Bill of Rights Act 

18 of 2000 (42 U.S.C. 15002)) services; 

19 ‘‘(x) bias and stigma in prescribing 

20 trends; and 

21 ‘‘(xi) any other topic that the Attor22 ney General determines appropriate. 

23 ‘‘(2) CERTIFICATION OF CONTINUING EDU24 CATION.— 


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1 ‘‘(A) INDIVIDUAL PRACTITIONERS.—As a 

2 condition of granting or renewing the registra3 tion of a covered individual practitioner under 

4 this part to dispense controlled substances in 

5 schedule II, III, IV, or V, the Attorney General 

6 shall require the practitioner to certify that, 

7 during the 3-year period preceding the date of 

8 the grant or renewal of registration, the practi9 tioner completed course work or training from 

10 an organization accredited by the Accreditation 

11 Council for Continuing Medical Education 

12 (commonly known as the ‘ACCME’), or by a 

13 State medical society accreditor recognized by 

14 the ACCME, that included not fewer than 3 

15 hours of content on the specified continuing 

16 education topics. 

17 ‘‘(B) FACILITIES.—As a condition of 

18 granting or renewing the registration of a cov19 ered facility under this part to dispense con20 trolled substances in schedule II, III, IV, or V, 

21 the Attorney General shall require the covered 

22 facility to certify that the facility does not allow 

23 a covered agent or employee to prescribe con24 trolled substances for humans under the reg25 istration of the facility unless, during the preVerDate Sep 11 2014 22:48 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S5000.IS S5000

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1 ceding 3-year period, the covered agent or em2 ployee completed course work or training from 

3 an organization accredited by the Accreditation 

4 Council for Continuing Medical Education 

5 (commonly known as the ‘ACCME’), or a State 

6 medical society accreditor recognized by the 

7 ACCME, that included not fewer than 3 hours 

8 of content on the specified continuing education 

9 topics.’’. 

10 (b) EFFECTIVE DATE.—Subsection (m) of section 

11 303 of the Controlled Substances Act (21 U.S.C. 823), 

12 as added by subsection (a), shall apply to any grant or 

13 renewal of registration described in such subsection (m) 

14 that occurs on or after the date that is 2 years after the 

15 date of enactment of this Act. 

16 SEC. 207. PROHIBITION OF UTILIZATION CONTROL POLI17 CIES OR PROCEDURES FOR MEDICATION-AS18 SISTED TREATMENT UNDER MEDICAID. 

19 Section 1905 of the Social Security Act (42 U.S.C. 

20 1396d) is amended— 

21 (1) in subsection (a)— 

22 (A) in the matter preceding paragraph (1), 

23 by moving the margin of clause (xvi) 4 ems to 

24 the left; and 


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1 (B) in paragraph (29), by inserting ‘‘and 

2 to the extent allowed in paragraph (3) of such 

3 subsection’’ after ‘‘paragraph (1) of such sub4 section’’; and 

5 (2) in subsection (ee), by adding at the end the 

6 following new paragraph: 

7 ‘‘(3) PROHIBITION OF UTILIZATION CONTROL

8 POLICIES OR PROCEDURES FOR MEDICATION-AS9 SISTED TREATMENT.—As a condition for a State re10 ceiving payments under section 1903(a) for medical 

11 assistance for medication-assisted treatment, a State 

12 may not impose any utilization control policies or 

13 procedures (as defined by the Secretary), including 

14 prior authorization requirements, with respect to 

15 such treatment.’’. 

16 SEC. 208. PILOT PROGRAM ON EXPANDING ACCESS TO 

17 TREATMENT. 

18 The Secretary of Health and Human Services (re19 ferred to in this section as the ‘‘Secretary’’) shall establish 

20 a 5-year pilot program in not less than 5 diverse regions 

21 to study the use of mobile methadone clinics in rural and 

22 underserved environments. At the end of the pilot pro23 gram, the Secretary shall report to Congress on the pro24 gram outcomes, including the number of people served and 


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1 the demographics of people served, including race and in2 come. 

3 SEC. 209. REAUTHORIZATION OF PRAC ED GRANT PRO4 GRAM. 

5 To carry out the Practitioner Education grant pro6 gram established by the Substance Abuse and Mental 

7 Health Services Administration, there is authorized to be 

8 appropriated such sums as may be necessary for each of 

9 fiscal years 2021 through 2026. 

10 TITLE III—RECOVERY 

11 Subtitle A—General Provisions 

12 SEC. 301. BUILDING COMMUNITIES OF RECOVERY. 

13 (a) IN GENERAL.—Section 547 of the Public Health 

14 Service Act (42 U.S.C. 290ee–2) is amended— 

15 (1) by striking subsection (c); 

16 (2) by redesignating subsection (d) as sub17 section (c); 

18 (3) in subsection (c) (as so redesignated)— 

19 (A) in paragraph (1), by striking ‘‘and’’ at 

20 the end; 

21 (B) in paragraph (2)(C)(iv), by striking 

22 the period and inserting ‘‘; and’’; and 

23 (C) by adding at the and the following: 

24 ‘‘(3) may be used as provided for in subsection 

25 (d).’’; 


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1 (4) by inserting after subsection (c) (as so re2 designated), the following: 

3 ‘‘(d) ESTABLISHMENT OF REGIONAL TECHNICAL AS4 SISTANCE CENTERS.— 

5 ‘‘(1) IN GENERAL.—Grants awarded under sub6 section (b) may be used to provide for the establish7 ment of regional technical assistance centers to pro8 vide regional technical assistance for the following: 

9 ‘‘(A) Implementation of regionally driven 

10 peer delivered substance use disorder recovery 

11 support services before, during, after, or in lieu 

12 of substance use disorder treatment. 

13 ‘‘(B) Establishment of recovery community 

14 organizations. 

15 ‘‘(C) Establishment of recovery community 

16 centers. 

17 ‘‘(D) Naloxone training and dissemination. 

18 ‘‘(E) Development of connections between 

19 recovery support services, community organiza20 tions, and community centers and the broader 

21 medical community. 

22 ‘‘(F) Establishment of online recovery sup23 port services, with parity to physical health 

24 services. 


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1 ‘‘(G) Development of recovery wellness 

2 plans to address perceived barriers to recovery, 

3 including social determinants of health. 

4 ‘‘(H) Establishment of culturally com5 petent (as defined in section 102 of the Devel6 opmental Disabilities Assistance and Bill of 

7 Rights Act of 2000) treatment programs to en8 gage with racially and ethnically diverse pa9 tients. 

10 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re11 ceive a grant under paragraph (1), an entity shall 

12 be— 

13 ‘‘(A) a national nonprofit entity with a net14 work of local affiliates and partners that are 

15 geographically and organizationally diverse; or 

16 ‘‘(B) a national nonprofit organization es17 tablished by individuals in personal and family 

18 recovery, serving prevention, treatment, recov19 ery, payor, faith-based, and criminal justice 

20 stakeholders in the implementation of local sub21 stance use disorder and recovery initiatives. 

22 ‘‘(3) PREFERENCE.—In awarding grants under 

23 subsection (b), the Secretary shall give preference to 

24 organizations that— 


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1 ‘‘(A) provide culturally competent (as de2 fined in section 102 of the Developmental Dis3 abilities Assistance and Bill of Rights Act of 

4 2000) services; 

5 ‘‘(B) allow participation by individuals re6 ceiving medication-assisted treatment that in7 volves prescription drugs approved by the Food 

8 and Drug Administration (at least one of which 

9 is an opioid agonist); and 

10 ‘‘(C) use peer recovery advocates.’’; and 

11 (5) in subsection (f), by striking ‘‘2023’’ and 

12 inserting ‘‘2020, and $200,000,000 for each of fiscal 

13 years 2021 through 2026’’. 

14 (b) CONTINUING CARE AND COMMUNITY SUPPORT

15 TO MAINTAIN RECOVERY.— 

16 (1) IN GENERAL.—The Secretary shall award 

17 grants to peer recovery support services, for the pur18 poses of providing continuing care and ongoing com19 munity support for individuals to maintain recovery 

20 from substance use disorders. 

21 (2) DEFINITION.—For purposes of this sub22 section, the term ‘‘peer recovery support services’’ 

23 means an independent nonprofit organization that 

24 provides peer recovery support services, through 

25 credentialed peer support professionals. 


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1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated, for each of 

3 fiscal years 2021 through 2026, $50,000,000 for 

4 purposes of awarding grants under paragraph (1). 

5 SEC. 302. MEDICATION-ASSISTED TREATMENT FOR RECOV6 ERY FROM SUBSTANCE USE DISORDER. 

7 (a) IN GENERAL.—Section 303(g) of the Controlled 

8 Substances Act (21 U.S.C. 823(g)) is amended— 

9 (1) by striking paragraph (2); 

10 (2) by striking ‘‘(g)(1) Except as provided in 

11 paragraph (2), practitioners who dispense narcotic 

12 drugs to individuals for maintenance treatment or 

13 detoxification treatment’’ and inserting ‘‘(g) Practi14 tioners who dispense narcotic drugs (other than nar15 cotic drugs in schedule III, IV, or V) to individuals 

16 for maintenance treatment or detoxification treat17 ment’’; 

18 (3) by redesignating subparagraphs (A), (B), 

19 and (C) as paragraphs (1), (2), and (3), respectively; 

20 and 

21 (4) in paragraph (2), as redesignated, by redes22 ignating clauses (i) and (ii) as subparagraphs (A) 

23 and (B), respectively. 

24 (b) TECHNICAL AND CONFORMING EDITS.— 


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1 (1) Section 304 of the Controlled Substances 

2 Act (21 U.S.C. 824) is amended— 

3 (A) in subsection (a), by striking 

4 ‘‘303(g)(1)’’ each place it appears and inserting 

5 ‘‘303(g)’’; and 

6 (B) in subsection (d)(1), by striking 

7 ‘‘303(g)(1)’’ and inserting ‘‘303(g)’’. 

8 (2) Section 309A(a) of the Controlled Sub9 stances Act (21 U.S.C. 829a(a)) is amended by 

10 striking paragraph (2) and inserting the following: 

11 ‘‘(2) the controlled substance— 

12 ‘‘(A) is a narcotic drug in schedule III, IV, 

13 or V to be administered for the purpose of 

14 maintenance or detoxification treatment; and 

15 ‘‘(B) is to be administered by injection or 

16 implantation;’’. 

17 (3) Section 520E–4(c) of the Public Health 

18 Service Act (42 U.S.C. 290bb–36d(c)) is amended, 

19 in the matter preceding paragraph (1), by striking 

20 ‘‘information on any qualified practitioner that is 

21 certified to prescribe medication for opioid depend22 ency under section 303(g)(2)(B) of the Controlled 

23 Substances Act’’ and inserting ‘‘information on any 

24 practitioner who prescribes narcotic drugs in sched25 ule III, IV, or V of section 202 of the Controlled 


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1 Substances Act for the purpose of maintenance or 

2 detoxification treatment’’. 

3 (4) Section 544(a)(3) of the Public Health 

4 Service Act (42 U.S.C. 290dd–3) is amended by 

5 striking ‘‘any practitioner dispensing narcotic drugs 

6 pursuant to section 303(g) of the Controlled Sub7 stances Act’’ and inserting ‘‘any practitioner dis8 pensing narcotic drugs for the purpose of mainte9 nance or detoxification treatment’’. 

10 (5) Section 1833(bb)(3)(B) of the Social Secu11 rity Act (42 U.S.C. 1395l(bb)(3)(B)) is amended by 

12 striking ‘‘first receives a waiver under section 303(g) 

13 of the Controlled Substances Act on or after Janu14 ary 1, 2019’’ and inserting ‘‘first begins prescribing 

15 narcotic drugs in schedule III, IV, or V of section 

16 202 of the Controlled Substances Act for the pur17 pose of maintenance or detoxification treatment on 

18 or after January 1, 2019’’. 

19 (6) Section 1834(o)(3)(C)(ii) of the Social Se20 curity Act (42 U.S.C. 1395m(o)(3)(C)(ii)) is amend21 ed by striking ‘‘first receives a waiver under section 

22 303(g) of the Controlled Substances Act on or after 

23 January 1, 2019’’ and inserting ‘‘first begins pre24 scribing narcotic drugs in schedule III, IV, or V of 

25 section 202 of the Controlled Substances Act for the 


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1 purpose of maintenance or detoxification treatment 

2 on or after January 1, 2019’’. 

3 (7) Section 1866F(c)(3) of the Social Security 

4 Act (42 U.S.C. 1395cc–6(c)(3)) is amended— 

5 (A) in subparagraph (A), by inserting 

6 ‘‘and’’ at the end; 

7 (B) in subparagraph (B), by striking ‘‘; 

8 and’’ and inserting a period; and 

9 (C) by striking subparagraph (C). 

10 (8) Section 1903(aa)(2)(C) of the Social Secu11 rity Act (42 U.S.C. 1396b(aa)(2)(C)) is amended— 

12 (A) in clause (i), by inserting ‘‘and’’ at the 

13 end; 

14 (B) by striking clause (ii); and 

15 (C) by redesignating clause (iii) as clause 

16 (ii). 

17 SEC. 303. RECOVERY IN THE WORKPLACE. 

18 It is the sense of Congress that an employee who is 

19 taking opioid antagonist, opioid agonist, or partial agonist 

20 drugs as part of a medication-assisted treatment program 

21 shall not be in violation of a drug-free workplace require22 ment. 


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1 SEC. 304. TELEHEALTH FOR RECOVERY SUPPORT SERV2 ICES. 

3 (a) FUNDING FOR THE TESTING OF INCENTIVE PAY4 MENTS FOR BEHAVIORAL HEALTH PROVIDERS FOR

5 ADOPTION AND USE OF CERTIFIED ELECTRONIC

6 HEALTH RECORD TECHNOLOGY.—In addition to amounts 

7 appropriated under subsection (f) of section 1135A of the 

8 Social Security Act (42 U.S.C. 13951315a), there are au9 thorized to be appropriated to the Center for Medicare and 

10 Medicaid Innovation such sums as may be necessary for 

11 fiscal year 2021 to design, implement, and evaluate the 

12 model under subsection (b)(2)(B)(xxv) of such section. 

13 Amounts appropriated under the preceding sentence shall 

14 remain available until expended. 

15 (b) TELEHEALTH FOR SUBSTANCE USE DISORDER

16 TREATMENT.— 

17 (1) SUBSTANCE USE DISORDER SERVICES FUR18 NISHED THROUGH TELEHEALTH UNDER MEDI19 CARE.—Section 1834(m)(7) of the Social Security 

20 Act (42 U.S.C. 1395m(m)(7)) is amended by adding 

21 at the end the following: ‘‘With respect to telehealth 

22 services described in the preceding sentence that are 

23 furnished on or after January 1, 2020, nothing shall 

24 preclude the furnishing of such services through 

25 audio or telephone only technologies in the case 

26 where a physician or practitioner has already conVerDate Sep 11 2014 22:48 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S5000.IS S5000

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1 ducted an in-person medical evaluation or a tele2 health evaluation that utilizes both audio and visual 

3 capabilities with the eligible telehealth individual.’’. 

4 (2) CONTROLLED SUBSTANCES DISPENSED BY

5 MEANS OF THE INTERNET.—Section 309(e)(2) of 

6 the Controlled Substances Act (21 U.S.C. 829(e)(2)) 

7 is amended— 

8 (A) in subparagraph (A)(i)— 

9 (i) by striking ‘‘at least 1 in-person 

10 medical evaluation’’ and inserting the fol11 lowing: ‘‘at least— 

12 ‘‘(I) 1 in-person medical evalua13 tion’’; and 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(II) for purposes of prescribing 

17 a controlled substance in schedule III 

18 or IV, 1 telehealth evaluation; or’’; 

19 and 

20 (B) by adding at the end the following: 

21 ‘‘(D)(i) The term ‘telehealth evaluation’ 

22 means a medical evaluation that is conducted in 

23 accordance with applicable Federal and State 

24 laws by a practitioner (other than a phar25 macist) who is at a location remote from the 


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1 patient and is communicating with the patient 

2 using a telecommunications system referred to 

3 in section 1834(m) of the Social Security Act 

4 (42 U.S.C. 1395m(m)) that includes, at a min5 imum, audio and video equipment permitting 

6 two-way, real-time interactive communication 

7 between the patient and distant site practi8 tioner. 

9 ‘‘(ii) Nothing in clause (i) shall be con10 strued to imply that 1 telehealth evaluation 

11 demonstrates that a prescription has been 

12 issued for a legitimate medical purpose within 

13 the usual course of professional practice. 

14 ‘‘(iii) A practitioner who prescribes the 

15 drugs or combination of drugs that are covered 

16 under section 303(g)(2)(C) using the authority 

17 under subparagraph (A)(i)(II) of this para18 graph shall adhere to nationally recognized evi19 dence-based guidelines for the treatment of pa20 tients with opioid use disorders and a diversion 

21 control plan, as those terms are defined in sec22 tion 8.2 of title 42, Code of Federal Regula23 tions, as in effect on the date of enactment of 

24 this subparagraph.’’. 


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1 Subtitle B—Recovery Housing 

2 SEC. 311. CLARIFYING THE ROLE OF SAMHSA IN PRO3 MOTING THE AVAILABILITY OF HIGH-QUAL4 ITY RECOVERY HOUSING. 

5 Section 501(d) of the Public Health Service Act (42 

6 U.S.C. 290aa) is amended— 

7 (1) in paragraph (24)(E), by striking ‘‘and’’ at 

8 the end; 

9 (2) in paragraph (25), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(26) collaborate with national accrediting enti13 ties and reputable providers and analysts of recovery 

14 housing services and all relevant Federal agencies, 

15 including the Centers for Medicare & Medicaid Serv16 ices, the Health Resources and Services Administra17 tion, other offices and agencies within the Depart18 ment of Health and Human Services, the Office of 

19 National Drug Control Policy, the Department of 

20 Justice, the Department of Housing and Urban De21 velopment, and the Department of Agriculture, to 

22 promote the availability of high-quality recovery 

23 housing for individuals with a substance use dis24 order.’’. 


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1 SEC. 312. DEVELOPING GUIDELINES FOR STATES TO PRO2 MOTE THE AVAILABILITY OF HIGH-QUALITY 

3 RECOVERY HOUSING. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of the enactment of this Act, the Secretary of Health 

6 and Human Services, acting through the Assistant Sec7 retary for Mental Health and Substance Use, shall de8 velop, and publish on the Internet website of the Sub9 stance Abuse and Mental Health Services Administration, 

10 consensus-based guidelines and nationally recognized 

11 standards for States to promote the availability of high12 quality recovery housing for individuals with a substance 

13 use disorder. Such guidelines shall— 

14 (1) be developed in consultation with national 

15 accrediting entities and reputable providers and ana16 lysts of recovery housing services and be consistent 

17 with the best practices developed under section 550 

18 of the Public Health Service Act (42 U.S.C. 290ee– 

19 5); and 

20 (2) to the extent practicable, build on existing 

21 best practices and suggested guidelines developed 

22 previously by the Substance Abuse and Mental 

23 Health Services Administration. 

24 (b) PUBLIC COMMENT PERIOD.—Before finalizing 

25 guidelines under subsection (a), the Secretary of Health 


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1 and Human Services shall provide for a public comment 

2 period. 

3 (c) EXCLUSION OF GUIDELINE ON TREATMENT

4 SERVICES.—In developing the guidelines under subsection 

5 (a), the Secretary may not include any guideline or stand6 ard with respect to substance use disorder treatment serv7 ices. 

8 (d) SUBSTANCE USE DISORDER TREATMENT SERV9 ICES.—In this section, the term ‘‘substance use disorder 

10 treatment services’’ means items or services furnished for 

11 the treatment of a substance use disorder, including— 

12 (1) medications approved by the Food and 

13 Drug Administration for use in such treatment, ex14 cluding each such medication used to prevent or 

15 treat a drug overdose; 

16 (2) the administering of such medications; 

17 (3) recommendations for such treatment; 

18 (4) clinical assessments and referrals; 

19 (5) counseling with a physician, psychologist, or 

20 mental health professional (including individual and 

21 group therapy); and 

22 (6) toxicology testing. 


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1 SEC. 313. COORDINATION OF FEDERAL ACTIVITIES TO PRO2 MOTE THE AVAILABILITY OF HIGH-QUALITY 

3 RECOVERY HOUSING. 

4 Section 550 of the Public Health Service Act (42 

5 U.S.C. 290ee–5) is amended— 

6 (1) by redesignating subsections (e), (f), and 

7 (g) as subsections (h), (i), and (j), respectively; and 

8 (2) by inserting after subsection (d) the fol9 lowing: 

10 ‘‘(e) COORDINATION OF FEDERAL ACTIVITIES TO

11 PROMOTE THE AVAILABILITY OF HIGH-QUALITY RECOV12 ERY HOUSING FOR INDIVIDUALS WITH A SUBSTANCE

13 USE DISORDER.— 

14 ‘‘(1) IN GENERAL.—The Secretary, acting 

15 through the Assistant Secretary, and the Secretary 

16 of the Department of Housing and Urban Develop17 ment, shall convene and serve as the co-chairs of an 

18 interagency working group composed of representa19 tives of each of the Federal agencies described in 

20 paragraph (2) (referred to in this section as the 

21 ‘working group’) for the following purposes: 

22 ‘‘(A) To increase collaboration, coopera23 tion, and consultation among such Federal 

24 agencies, with respect to promoting the avail25 ability of high-quality recovery housing. 


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1 ‘‘(B) To align the efforts of such agencies 

2 and avoid duplication of such efforts by such 

3 agencies. 

4 ‘‘(C) To develop objectives, priorities, and 

5 a long- term plan for supporting State, Tribal, 

6 and local efforts with respect to the operation 

7 of high-quality recovery housing that is con8 sistent with the best practices developed under 

9 this section. 

10 ‘‘(D) To coordinate inspection and enforce11 ment among Federal and State agencies. 

12 ‘‘(E) To coordinate data collection on the 

13 quality of recovery housing. 

14 ‘‘(2) FEDERAL AGENCIES DESCRIBED.—The 

15 Federal agencies described in this paragraph are the 

16 following: 

17 ‘‘(A) The Department of Health and 

18 Human Services. 

19 ‘‘(B) The Centers for Medicare & Medicaid 

20 Services. 

21 ‘‘(C) The Substance Abuse and Mental 

22 Health Services Administration. 

23 ‘‘(D) The Health Resources and Services 

24 Administration. 

25 ‘‘(E) The Indian Health Service. 


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1 ‘‘(F) The Department of Housing and 

2 Urban Development. 

3 ‘‘(G) The Department of Agriculture. 

4 ‘‘(H) The Department of Justice. 

5 ‘‘(I) The Office of National Drug Control 

6 Policy. 

7 ‘‘(J) The Bureau of Indian Affairs. 

8 ‘‘(K) Any other such agency or subagency 

9 as the chair determines necessary and appro10 priate. 

11 ‘‘(3) MEETINGS.—The working group shall 

12 meet on a quarterly basis. 

13 ‘‘(4) REPORTS TO CONGRESS.—Beginning not 

14 later than 1 year after the date of the enactment of 

15 this section and annually thereafter, the working 

16 group shall submit to the Committee on Health, 

17 Education, Labor, and Pensions, the Committee on 

18 Agriculture, Nutrition, and Forestry, and the Com19 mittee on Finance of the Senate and the Committee 

20 on Energy and Commerce, the Committee on Ways 

21 and Means, the Committee on Agriculture, and the 

22 Committee on Financial Services of the House of 

23 Representatives a report describing the work of the 

24 working group and any recommendations of the 


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1 working group to improve Federal, State, or local 

2 policy with respect to recovery housing operations.’’. 

3 SEC. 314. NAS STUDY. 

4 Section 550 of the Public Health Service Act (42 

5 U.S.C. 290ee–5), as amended by section 313, is further 

6 amended by inserting after subsection (e) (as inserted by 

7 such section 313) the following: 

8 ‘‘(f) NAS STUDY AND REPORT.— 

9 ‘‘(1) IN GENERAL.—The Secretary, acting 

10 through the Assistant Secretary, shall enter into an 

11 arrangement with the National Academy of Sciences 

12 under which the National Academy agrees to con13 duct a study on— 

14 ‘‘(A) the availability in the United States 

15 of high-quality recovery housing and whether 

16 that availability meets the demand for such 

17 housing in the United States; and 

18 ‘‘(B) State, Tribal, and local regulation 

19 and oversight of recovery housing. 

20 ‘‘(2) REPORT.—The arrangement under para21 graph (1) shall provide for the National Academy of 

22 Sciences to submit, not later than 1 year after the 

23 date of the enactment of this subsection, a report 

24 that contains— 


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1 ‘‘(A) the results of the study under such 

2 paragraph; 

3 ‘‘(B) the National Academy’s recommenda4 tions for Federal, State, and local policies to 

5 promote the availability of high-quality recovery 

6 housing in the United States; 

7 ‘‘(C) recommendations for Federal, State, 

8 and local policies to improve data collection on 

9 the quality of recovery housing; 

10 ‘‘(D) recommendations for recovery hous11 ing quality metrics; 

12 ‘‘(E) recommendations to eliminate restric13 tions by recovery residences that exclude indi14 viduals who take prescribed medications for 

15 opioid use disorder; and 

16 ‘‘(F) a summary of allegations, assertions, 

17 or formal legal actions on the State and local 

18 levels by governments and non-governmental or19 ganizations with respect to the opening and op20 eration of recovery residences. 

21 ‘‘(3) CONSULTATION.—In conducting the study 

22 under this subsection, the National Academy of 

23 Sciences shall consult with national accrediting enti24 ties and reputable providers and analysts of recovery 

25 housing services.’’. 


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1 SEC. 315. GRANTS FOR STATES TO PROMOTE THE AVAIL2 ABILITY OF HIGH QUALITY RECOVERY HOUS3 ING. 

4 Section 550 of the Public Health Service Act (42 

5 U.S.C. 290ee–5), as amended by sections 313 and 314 

6 is further amended by inserting after subsection (f) (as 

7 inserted by such section 314) the following: 

8 ‘‘(g) GRANTS FOR IMPLEMENTING NATIONAL RE9 COVERY HOUSING BEST PRACTICES.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall award 

11 grants to States (and political subdivisions thereof), 

12 Tribes, and territories— 

13 ‘‘(A) for the provision of technical assist14 ance by national accrediting entities and rep15 utable providers and analysts of recovery hous16 ing services to implement the guidelines, nation17 ally recognized standards, and recommendations 

18 developed under section 312 of the CARA 2.0 

19 Act of 2020 and this section; and 

20 ‘‘(B) to promote the availability of high21 quality recovery housing for individuals with a 

22 substance use disorder and practices to main23 tain housing quality long term. 

24 ‘‘(2) STATE ENFORCEMENT PLANS.—Beginning 

25 not later than 90 days after the date of the enact26 ment of this paragraph and every 2 years thereafter, 


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1 as a condition on the receipt of a grant under para2 graph (1), each State (or political subdivisions there3 of), Tribe, or territory receiving such a grant shall 

4 submit to the Secretary, and make publicly available 

5 on a publicly accessible Internet website of the State 

6 (or political subdivisions thereof), Tribe, or territory, 

7 the plan of the State (or political subdivisions there8 of), Tribe, or territory, with respect to the promotion 

9 of high-quality recovery housing for individuals with 

10 a substance use disorder located within the jurisdic11 tion of such State (or political subdivisions thereof), 

12 Tribe, or territory, and how such plan is consistent 

13 with the best practices developed under this section 

14 and guidelines developed under section 312 of the 

15 CARA 2.0 Act of 2020. 

16 ‘‘(3) REVIEW OF ACCREDITING ENTITIES.—The 

17 Secretary shall periodically review the accrediting 

18 entities providing technical assistance pursuant to 

19 paragraph (1)(A).’’. 

20 SEC. 316. AUTHORIZATION OF APPROPRIATIONS. 

21 Section 550 of the Public Health Service Act (42 

22 U.S.C. 290ee–5), as amended by sections 313, 314, and 

23 315, is further amended by amending subsection (j) (as 

24 redesignated by such section 313) to read as follows: 

25 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) IN GENERAL.—To carry out this section, 

2 there is authorized to be appropriated— 

3 ‘‘(A) $2,000,000 for fiscal year 2021; and 

4 ‘‘(B) $11,000,000 for each of fiscal years 

5 2022 through 2026. 

6 ‘‘(2) RESERVATIONS OF FUNDS.—For each of 

7 fiscal years 2021 through 2026, of the amounts ap8 propriated under paragraph (1) for such fiscal year, 

9 the Secretary shall reserve— 

10 ‘‘(A) not less than $1,000,000 to carry out 

11 subsection (e); 

12 ‘‘(B) not less than $1,000,000 to carry out 

13 subsection (f); and 

14 ‘‘(C) not less than $10,000,000 to carry 

15 out subsection (g).’’. 

16 SEC. 317. REPUTABLE PROVIDERS AND ANALYSTS OF RE17 COVERY HOUSING SERVICES DEFINITION. 

18 Section 550(i) of the Public Health Service Act (42 

19 U.S.C. 290ee–5(i)), as redesignated by section 313, is 

20 amended by adding at the end the following: 

21 ‘‘(4) The term ‘reputable providers and analysts 

22 of recovery housing services’ means recovery housing 

23 service providers and analysts that— 

24 ‘‘(A) use evidence-based approaches; 


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1 ‘‘(B) act in accordance with guidelines 

2 issued by the Assistant Secretary for Mental 

3 Health and Substance Use; 

4 ‘‘(C) have not been found guilty of health 

5 care fraud by the Department of Justice; and 

6 ‘‘(D) have not been found to have violated 

7 Federal, State, or local codes of conduct with 

8 respect to recovery housing for individuals with 

9 a substance use disorder.’’. 

10 SEC. 318. TECHNICAL CORRECTION. 

11 Title V of the Public Health Service Act (42 U.S.C. 

12 290aa et seq.) is amended— 

13 (1) by redesignating section 550 (relating to 

14 Sobriety Treatment and Recovery Teams) (42 

15 U.S.C. 290ee–10), as added by section 8214 of Pub16 lic Law 115–271, as section 550A; and 

17 (2) moving such section so it appears after sec18 tion 550 (relating to National Recovery Housing 

19 Best Practices). 

20 TITLE IV—CRIMINAL JUSTICE 

21 SEC. 401. MEDICATION-ASSISTED TREATMENT CORREC22 TIONS AND COMMUNITY REENTRY PROGRAM. 

23 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘Attorney General’’ means the At2 torney General, acting through the Director of the 

3 National Institute of Corrections; 

4 (2) the term ‘‘certified recovery coach’’ means 

5 an individual— 

6 (A) with knowledge of, or experience with, 

7 recovery from a substance use disorder; and 

8 (B) who— 

9 (i) has completed training through, 

10 and is determined to be in good standing 

11 by— 

12 (I) a single State agency; or 

13 (II) a recovery community orga14 nization that is capable of conducting 

15 that training and making that deter16 mination; and 

17 (ii) meets the criteria specified by the 

18 Attorney General, in consultation with the 

19 Secretary of Health and Human Services, 

20 for qualifying as a certified recovery coach 

21 for the purposes of this Act; 

22 (3) the term ‘‘correctional facility’’ has the 

23 meaning given the term in section 901 of title I of 

24 the Omnibus Crime Control and Safe Streets Act of 

25 1968 (34 U.S.C. 10251); 


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1 (4) the term ‘‘covered grant or cooperative 

2 agreement’’ means a grant received, or cooperative 

3 agreement entered into, under the Program; 

4 (5) the term ‘‘covered program’’ means a pro5 gram— 

6 (A) to provide medication-assisted treat7 ment to individuals who have opioid use dis8 order and are incarcerated within the jurisdic9 tion of the State or unit of local government 

10 carrying out the program; and 

11 (B) that is developed, implemented, or ex12 panded through a covered grant or cooperative 

13 agreement; 

14 (6) the term ‘‘medication-assisted treatment’’ 

15 means the use of any drug or combination of drugs 

16 that have been approved under the Federal Food, 

17 Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or 

18 section 351 of the Public Health Service Act (42 

19 U.S.C. 262) for the treatment of an opioid use dis20 order, in combination with evidence-based counseling 

21 and behavioral therapies, such as psychosocial coun22 seling, overseen by 1 or more social work profes23 sionals and 1 or more qualified clinicians, to provide 

24 a comprehensive approach to the treatment of sub25 stance use disorders; 


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1 (7) the term ‘‘nonprofit organization’’ means an 

2 organization that is described in section 501(c)(3) of 

3 the Internal Revenue Code of 1986 and is exempt 

4 from taxation under section 501(a) of such Code; 

5 (8) the term ‘‘Panel’’ means the Medication-as6 sisted Treatment Corrections and Community Re7 entry Application Review Panel established under 

8 subsection (f)(2); 

9 (9) the term ‘‘participant’’ means an individual 

10 who participates in a covered program; 

11 (10) the term ‘‘political appointee’’ has the 

12 meaning given the term in section 714(h) of title 38, 

13 United States Code; 

14 (11) the term ‘‘Program’’ means the Medica15 tion-assisted Treatment Corrections and Community 

16 Reentry Program established under subsection (b); 

17 (12) the term ‘‘psychosocial’’ means the inter18 relation of social factors and individual thought and 

19 behavior; 

20 (13) the term ‘‘recovery community organiza21 tion’’ has the meaning given the term in section 547 

22 of the Public Health Service Act (42 U.S.C. 290ee– 

23 2); 

24 (14) the term ‘‘single State agency’’ means, 

25 with respect to a State or unit of local government, 


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1 the single State agency identified by the State, or 

2 the State in which the unit of local government is 

3 located, in the plan submitted by that State under 

4 section 1932(b)(1)(A)(i) of the Public Health Serv5 ice Act (42 U.S.C. 300x–32(b)(1)(A)(i)); 

6 (15) the term ‘‘State’’ means— 

7 (A) each State of the United States; 

8 (B) the District of Columbia; and 

9 (C) each commonwealth, territory, or pos10 session of the United States; and 

11 (16) the term ‘‘unit of local government’’ has 

12 the meaning given the term in section 901 of title 

13 I of the Omnibus Crime Control and Safe Streets 

14 Act of 1968 (34 U.S.C. 10251), except that such 

15 term also includes a tribal organization, as defined 

16 in section 4 of the Indian Self-Determination and 

17 Education Assistance Act (25 U.S.C. 5304). 

18 (b) AUTHORIZATION.—Not later than 90 days after 

19 the date of enactment of this Act, the Attorney General, 

20 in consultation with the Secretary of Health and Human 

21 Services, shall establish a program— 

22 (1) that shall be known as the ‘‘Medication-as23 sisted Treatment Corrections and Community Re24 entry Program’’; and 

25 (2) under which the Attorney General— 


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1 (A) may make grants to, and enter into co2 operative agreements with, States or units of 

3 local government to develop, implement, or ex4 pand 1 or more programs to provide medica5 tion-assisted treatment that meets the standard 

6 of care generally accepted for the treatment of 

7 opioid use disorder to individuals who have 

8 opioid use disorder and are incarcerated within 

9 the jurisdictions of the States or units of local 

10 government; and 

11 (B) shall establish a working relationship 

12 with 1 or more knowledgeable corrections orga13 nizations with expertise in security, medical 

14 health, mental health, and substance use dis15 order care to oversee and support implementa16 tion of the program, including through the use 

17 of evidence-based clinical practices. 

18 (c) USE OF FUNDS FOR INFRASTRUCTURE.—In de19 veloping, implementing, or expanding a medication-as20 sisted treatment program under subsection (b)(2)(A), a 

21 State or unit of local government may use funds from a 

22 grant or cooperative agreement under that subsection to 

23 develop the infrastructure necessary to provide the medi24 cation-assisted treatment, such as— 


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1 (1) establishing safe storage facilities for the 

2 drugs used in the treatment; and 

3 (2) obtaining appropriate licenses for the indi4 viduals who will administer the treatment. 

5 (d) PURPOSES.—The purposes of the Program are 

6 to— 

7 (1) develop culturally competent (as defined in 

8 section 102 of the Developmental Disabilities Assist9 ance and Bill of Rights Act of 2000 (42 U.S.C. 

10 15002)) medication-assisted treatment programs in 

11 consultation with nonprofit organizations and com12 munity organizations that are qualified to provide 

13 technical support for the programs; 

14 (2) reduce the risk of overdose to participants 

15 after the participants are released from incarcer16 ation; and 

17 (3) reduce the rate of reincarceration. 

18 (e) PROGRAM REQUIREMENTS.—In carrying out a 

19 covered program, a State or unit of local government— 

20 (1) shall ensure that each individual who is 

21 newly incarcerated at a correctional facility at which 

22 the covered program is carried out, and who was re23 ceiving medication-assisted treatment before being 

24 incarcerated, continues to receive medication-assisted 

25 treatment while incarcerated; 


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1 (2) in providing medication-assisted treatment 

2 under the covered program, shall offer to partici3 pants each type of drug that has been approved 

4 under the Federal Food, Drug, and Cosmetic Act 

5 (21 U.S.C. 301 et seq.) or section 351 of the Public 

6 Health Service Act (42 U.S.C. 262) for the treat7 ment of an opioid use disorder; and 

8 (3) shall use— 

9 (A) screening tools with psychometric reli10 ability and validity that provide useful clinical 

11 data to guide the long-term treatment of par12 ticipants who have— 

13 (i) opioid use disorder; or 

14 (ii) co-occurring opioid use disorder 

15 and mental disorders; 

16 (B) at each correctional facility at which 

17 the covered program is carried out, a sufficient 

18 number of personnel, as determined by the At19 torney General in light of the number of indi20 viduals incarcerated at the correctional facility 

21 and the number of those individuals whom the 

22 correctional facility has screened and identified 

23 as having opioid use disorder, to— 

24 (i) monitor participants with active 

25 opioid use disorder who begin participation 


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1 in the covered program while dem2 onstrating, or develop, signs and symptoms 

3 of opioid withdrawal; 

4 (ii) provide evidence-based medically 

5 managed withdrawal care or assistance to 

6 the participants described in clause (i); 

7 (iii) prescribe or otherwise dispense— 

8 (I) the drugs that are offered 

9 under the covered program, as re10 quired under paragraph (1); and 

11 (II) naloxone or any other emer12 gency opioid antagonist approved by 

13 the Commissioner of Food and Drugs 

14 to treat opioid overdose; 

15 (iv) discuss with participants the risks 

16 and benefits of, and differences among, the 

17 opioid antagonist, opioid agonist, and par18 tial agonist drugs used to treat opioid use 

19 disorder; and 

20 (v) prepare a plan for release, includ21 ing connecting participants with mental 

22 health and substance use treatment pro23 grams, medical care, public benefits, and 

24 housing; and 


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1 (C) a certified recovery coach, social work 

2 professional, or other qualified clinician who, in 

3 order to support the sustained recovery of par4 ticipants, shall work with participants who are 

5 recovering from opioid use disorder. 

6 (f) APPLICATION.— 

7 (1) IN GENERAL.—A State or unit of local gov8 ernment desiring a covered grant or cooperative 

9 agreement shall submit to the Attorney General an 

10 application that— 

11 (A) shall include— 

12 (i) a description of— 

13 (I) the objectives of the medica14 tion-assisted treatment program that 

15 the applicant will develop, implement, 

16 or expand under the covered grant or 

17 cooperative agreement; 

18 (II) the activities that the appli19 cant will carry out under the covered 

20 program; 

21 (III) how the activities described 

22 under subclause (II) will achieve the 

23 objectives described in subclause (I); 

24 (IV) the outreach and education 

25 component of the covered program 


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1 that the applicant will carry out in 

2 order to encourage maximum partici3 pation in the covered program; and 

4 (V) how the applicant will de5 velop connections to culturally com6 petent (as defined in section 102 of 

7 the Developmental Disabilities Assist8 ance and Bill of Rights Act of 2000 

9 (42 U.S.C. 15002)) substance use and 

10 mental health treatment providers, 

11 medical professionals, nonprofit orga12 nizations, and other State agencies in 

13 order to plan for participants to re14 ceive a continuum of care and appro15 priate wrap-around services after re16 lease from incarceration; 

17 (ii) if, under the covered program that 

18 the applicant will carry out, the applicant 

19 will not, in providing medication-assisted 

20 treatment, offer to participants not less 

21 than 1 drug that uses an opioid antago22 nist, not less than 1 drug that uses an 

23 opioid agonist, and not less than 1 drug 

24 that uses an opioid partial agonist, an ex25 planation of why the applicant is unable to 


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1 or chooses not to offer a drug that uses an 

2 opioid antagonist, a drug that uses an 

3 opioid agonist, or a drug that uses an 

4 opioid partial agonist, as applicable; 

5 (iii) a plan for— 

6 (I) measuring progress in achiev7 ing the objectives described in clause 

8 (i)(I), including a strategy to collect 

9 data that can be used to measure that 

10 progress; 

11 (II) collaborating with the single 

12 State agency for the applicant or 1 or 

13 more nonprofit organizations in the 

14 community of the applicant to help 

15 ensure that— 

16 (aa) if participants so desire, 

17 participants have continuity of 

18 care after release from incarcer19 ation with respect to the form of 

20 medication-assisted treatment the 

21 participants received during in22 carceration, including— 

23 (AA) by working with 

24 community service providers 

25 to assist eligible particiVerDate Sep 11 2014 22:48 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S5000.IS S5000

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1 pants, before release from 

2 incarceration in registering 

3 for the Medicaid program 

4 under title XIX of the Social 

5 Security Act (42 U.S.C. 

6 1396 et seq.) or other min7 imum essential coverage, as 

8 defined in section 5000A(f) 

9 of the Internal Revenue 

10 Code of 1986; and 

11 (BB) if a participant 

12 cannot afford, or does not 

13 qualify for, health insurance 

14 that provides coverage with 

15 respect to enrollment in a 

16 medication-assisted treat17 ment program, and if the 

18 participant cannot pay the 

19 cost of enrolling in a medi20 cation-assisted treatment 

21 program, by working with 

22 units of local government, 

23 nonprofit organizations, 

24 opioid use disorder treat25 ment providers, and entities 


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1 carrying out programs under 

2 substance use disorder 

3 grants to, before the partici4 pant is released from incar5 ceration, identify a resource, 

6 other than the applicant or 

7 the covered program to be 

8 carried out by the applicant, 

9 that may be used to pay the 

10 cost of enrolling the partici11 pant in a medication-as12 sisted treatment program; 

13 (bb) medications are se14 curely stored; and 

15 (cc) protocols relating to di16 version are maintained; and 

17 (III) with respect to each com18 munity in which a correctional facility 

19 at which a covered program will be 

20 carried out is located, collaborating 

21 with State agencies responsible for 

22 overseeing programs relating to sub23 stance use disorder and local public 

24 health officials and nonprofit organi25 zations in the community to help enVerDate Sep 11 2014 22:48 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S5000.IS S5000

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1 sure that medication-assisted treat2 ment provided at each correctional fa3 cility at which the covered program 

4 will be carried out is also available at 

5 locations that are not correctional fa6 cilities in those communities, to the 

7 greatest extent practicable; and 

8 (iv) a certification that— 

9 (I) each correctional facility at 

10 which the covered program will be 

11 carried out has access to a sufficient 

12 number of clinicians who are licensed 

13 to prescribe or otherwise dispense to 

14 participants the drugs for the treat15 ment of opioid use disorder required 

16 to be offered under subsection (e)(1), 

17 which may include clinicians who use 

18 telemedicine, in accordance with regu19 lations issued by the Administrator of 

20 the Drug Enforcement Administra21 tion, to provide services under the cov22 ered program; and 

23 (II) the covered program will 

24 provide culturally competent (as de25 fined in section 102 of the DevelopVerDate Sep 11 2014 22:48 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S5000.IS S5000

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1 mental Disabilities Assistance and Bill 

2 of Rights Act of 2000 (42 U.S.C. 

3 15002)) evidence-based counseling 

4 and behavioral therapies, which may 

5 include counseling and therapy admin6 istered through the use of telemedi7 cine, as appropriate, to participants as 

8 part of the medication-assisted treat9 ment provided under the covered pro10 gram; and 

11 (B) may include a statement indicating the 

12 number of participants that the applicant ex13 pects to serve through the covered program. 

14 (2) MEDICATION-ASSISTED TREATMENT COR15 RECTIONS AND COMMUNITY REENTRY APPLICATION

16 REVIEW PANEL.— 

17 (A) IN GENERAL.—Not later than 60 days 

18 after the date of enactment of this Act, the At19 torney General shall establish a Medication-as20 sisted Treatment Corrections and Community 

21 Reentry Application Review Panel that shall— 

22 (i) be composed of not fewer than 10 

23 individuals and not more than 15 individ24 uals; and 

25 (ii) include— 


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1 (I) 1 or more employees, who are 

2 not political appointees, of— 

3 (aa) the Department of Jus4 tice; 

5 (bb) the Drug Enforcement 

6 Administration; 

7 (cc) the Substance Abuse 

8 and Mental Health Service Ad9 ministration; 

10 (dd) the National Center for 

11 Injury Prevention and Control at 

12 the Centers for Disease Control 

13 and Prevention; and 

14 (ee) the Office of National 

15 Drug Control Policy; and 

16 (II) other stakeholders who— 

17 (aa) have expert knowledge 

18 relating to the opioid epidemic, 

19 drug treatment, health equity, 

20 culturally competent (as defined 

21 in section 102 of the Develop22 mental Disabilities Assistance 

23 and Bill of Rights Act of 2000 

24 (42 U.S.C. 15002)) care, or comVerDate Sep 11 2014 22:48 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S5000.IS S5000

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1 munity substance use disorder 

2 services; and 

3 (bb) represent law enforce4 ment organizations and public 

5 health entities. 

6 (B) DUTIES.— 

7 (i) IN GENERAL.—The Panel shall— 

8 (I) review and evaluate applica9 tions for covered grants and coopera10 tive agreements; and 

11 (II) make recommendations to 

12 the Attorney General relating to the 

13 awarding of covered grants and coop14 erative agreements. 

15 (ii) RURAL COMMUNITIES.—In review16 ing and evaluating applications under 

17 clause (i), the Panel shall take into consid18 eration the unique circumstances, including 

19 the lack of resources relating to the treat20 ment of opioid use disorder, faced by rural 

21 States and units of local government. 

22 (C) TERMINATION.—The Panel shall ter23 minate on the last day of fiscal year 2023. 

24 (3) PUBLICATION OF CRITERIA IN FEDERAL

25 REGISTER.—Not later than 90 days after the date of 


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1 enactment of this Act, the Attorney General, in con2 sultation with the Panel, shall publish in the Federal 

3 Register— 

4 (A) the process through which applications 

5 submitted under paragraph (1) shall be sub6 mitted and evaluated; and 

7 (B) the criteria used in awarding covered 

8 grants and cooperative agreements. 

9 (g) DURATION.—A covered grant or cooperative 

10 agreement shall be for a period of not more than 4 years, 

11 except that the Attorney General may extend the term of 

12 a covered grant or cooperative agreement based on out13 come data or extenuating circumstances relating to the 

14 covered program carried out under the covered grant or 

15 cooperative agreement. 

16 (h) REPORT.— 

17 (1) IN GENERAL.—Not later than 2 years after 

18 the date on which a State or unit of local govern19 ment is awarded a covered grant or cooperative 

20 agreement, and each year thereafter until the date 

21 that is 1 year after the date on which the period of 

22 the covered grant or cooperative agreement ends, the 

23 State or unit of local government shall submit a re24 port to the Attorney General that includes informa25 tion relating to the covered program carried out by 


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1 the State or unit of local government, including in2 formation relating to— 

3 (A) the goals of the covered program; 

4 (B) any evidence-based interventions car5 ried out under the covered program; 

6 (C) outcomes of the covered program, 

7 which shall— 

8 (i) be reported in a manner that dis9 tinguishes the outcomes based on the cat10 egories of, with respect to the participants 

11 in the covered program— 

12 (I) the race of the participants; 

13 and 

14 (II) the gender of the partici15 pants; and 

16 (ii) include information relating to the 

17 rate of reincarceration among participants 

18 in the covered program, if available; and 

19 (D) expenditures under the covered pro20 gram. 

21 (2) PUBLICATION.— 

22 (A) AWARDEE.—A State or unit of local 

23 government that submits a report under para24 graph (1) shall make the report publicly avail25 able on— 


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1 (i) the website of each correctional fa2 cility at which the State or unit of local 

3 government carried out the covered grant 

4 program; and 

5 (ii) if a correctional facility at which 

6 the State or unit of local government car7 ried out the covered grant program does 

8 not operate a website, the website of the 

9 State or unit of local government. 

10 (B) ATTORNEY GENERAL.—The Attorney 

11 General shall make each report received under 

12 paragraph (1) publicly available on the website 

13 of the National Institute of Corrections. 

14 (3) SUBMISSION TO CONGRESS.—Not later than 

15 2 years after the date on which the Attorney Gen16 eral awards the first covered grant or cooperative 

17 agreement, and each year thereafter, the Attorney 

18 General shall submit to the Committee on the Judi19 ciary of the Senate and the Committee on the Judi20 ciary of the House of Representatives a summary 

21 and compilation of the reports that the Attorney 

22 General has received under paragraph (1) during the 

23 year preceding the date on which the Attorney Gen24 eral submits the summary and compilation. 


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1 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated $50,000,000 to carry 

3 out this section for each of fiscal years 2021 through 

4 2026. 

5 SEC. 402. DEFLECTION AND PRE-ARREST DIVERSION. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) Law enforcement officers and other first re8 sponders are at the front line of the opioid epidemic. 

9 However, a traditional law enforcement response to 

10 substance use often fails to disrupt the cycle of ad11 diction and arrest, or reduce the risk of overdose. 

12 (2) Law enforcement-assisted diversion and de13 flection programs have the potential to improve pub14 lic health, decrease the number of people entering 

15 the criminal justice system for low-level offenses, 

16 and address racial disparities. 

17 (3) According to the Bureau of Justice Assist18 ance of the Department of Justice, ‘‘Five pathways 

19 have been most commonly associated with opioid 

20 overdose prevention and diversion to treatment.’’ 

21 The 5 pathways are— 

22 (A) ‘‘self-referral’’, in which— 

23 (i) an individual voluntarily initiates 

24 contact with a first responder, such as a 

25 law enforcement officer, firefighter, or 


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1 emergency medical services professional, 

2 for a treatment referral (without fear of 

3 arrest); and 

4 (ii) the first responder personally in5 troduces the individual to a treatment pro6 vider (commonly known as a ‘‘warm hand7 off’’); 

8 (B) ‘‘active outreach’’, in which a law en9 forcement officer or other first responder— 

10 (i) identifies or seeks out individuals 

11 in need of substance use disorder treat12 ment; and 

13 (ii) makes a warm handoff of such an 

14 individual to a treatment provider, who en15 gages the individual in treatment; 

16 (C) ‘‘naloxone plus’’, in which a law en17 forcement officer or other first responder en18 gages an individual in treatment as part of an 

19 overdose response; 

20 (D) ‘‘officer prevention referral’’, in which 

21 a law enforcement officer or other first re22 sponder initiates treatment engagement with an 

23 individual, but no criminal charges are filed 

24 against the individual; and 


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1 (E) ‘‘officer intervention referral’’, in 

2 which— 

3 (i) a law enforcement officer or other 

4 first responder initiates treatment engage5 ment with an individual; and 

6 (ii)(I) criminal charges are filed 

7 against the individual and held in abey8 ance; or 

9 (II) a citation is issued to the indi10 vidual. 

11 (4) As of the date of enactment of this Act, 

12 there are no national best practices or guidelines for 

13 law enforcement-assisted diversion and deflection 

14 programs. 

15 (b) USE OF BYRNE JAG FUNDS FOR DEFLECTION

16 AND DIVERSION PROGRAMS.—Section 501 of title I of the 

17 Omnibus Crime Control and Safe Streets Act of 1968 (34 

18 U.S.C. 10152) is amended— 

19 (1) in subsection (a)(1)(E), by inserting before 

20 the period at the end the following: ‘‘, including law 

21 enforcement-assisted deflection programs and law 

22 enforcement-assisted pre-arrest and pre-booking di23 version programs (as those terms are defined in sub24 section (h))’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(h) LAW ENFORCEMENT-ASSISTED DEFLECTION

2 PROGRAMS AND LAW ENFORCEMENT-ASSISTED PRE-AR3 REST AND PRE-BOOKING DIVERSION PROGRAMS.— 

4 ‘‘(1) DEFINITIONS.—In this subsection: 

5 ‘‘(A) COVERED GRANT.—The term ‘cov6 ered grant’ means a grant for a deflection or di7 version program awarded under subsection 

8 (a)(1)(E). 

9 ‘‘(B) DEFLECTION OR DIVERSION PRO10 GRAM.—The term ‘deflection or diversion pro11 gram’ means a law enforcement-assisted deflec12 tion program or a law enforcement-assisted pre13 arrest or pre-booking diversion, including pro14 grams where— 

15 ‘‘(i) an individual voluntarily initiates 

16 contact with a first responder for a treat17 ment referral without fear of arrest and re18 ceives a warm handoff to treatment; 

19 ‘‘(ii) a law enforcement officer or 

20 other first responder identifies or seeks out 

21 individuals in need of substance use treat22 ment and a warm handoff is made to a 

23 treatment provider, who engages them in 

24 treatment; 


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1 ‘‘(iii) a law enforcement officer or 

2 other first responder engages an individual 

3 in treatment as part of an overdose re4 sponse; 

5 ‘‘(iv) a law enforcement officer or 

6 other first responder initiates treatment 

7 engagement, but no criminal charges are 

8 filed; 

9 ‘‘(v) a law enforcement officer or 

10 other first responder initiates treatment 

11 engagement; and/or 

12 ‘‘(vi) charges are filed and held in 

13 abeyance or a citation is issued. 

14 ‘‘(C) LAW ENFORCEMENT-ASSISTED DE15 FLECTION PROGRAM.—The term ‘law enforce16 ment-assisted deflection program’ means a pro17 gram under which a law enforcement officer, 

18 when encountering an individual who is not en19 gaged in criminal activity but appears to have 

20 a substance use disorder or mental health dis21 order, instead of taking no action at the time 

22 of contact or taking action at a later time, at23 tempts to connect the individual to substance 

24 use disorder treatment providers or mental 

25 health treatment providers— 


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1 ‘‘(i) without the use of coercion or 

2 fear of arrest; and 

3 ‘‘(ii) using established pathways for 

4 connections to local, community-based 

5 treatment. 

6 ‘‘(D) LAW ENFORCEMENT-ASSISTED PRE7 ARREST OR PRE-BOOKING DIVERSION PRO8 GRAM.—The term ‘law enforcement-assisted 

9 pre-arrest or pre-booking diversion program’ 

10 means a program— 

11 ‘‘(i) under which a law enforcement 

12 officer, when encountering an individual 

13 who has committed an offense that is non14 violent and is not a crime against a person, 

15 and the primary cause of which appears to 

16 be based on a substance use disorder or 

17 the mental health disorder of the indi18 vidual, instead of arresting the individual, 

19 or instead of booking the individual after 

20 having arrested the individual, attempts to 

21 connect the individual to substance use dis22 order treatment providers or mental health 

23 treatment providers— 

24 ‘‘(I) without the use of coercion; 

25 and 


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1 ‘‘(II) using established pathways 

2 for connections to local, community3 based treatment; 

4 ‘‘(ii) under which, in the case of pre5 arrest diversion, a law enforcement officer 

6 described in clause (i) may decide to— 

7 ‘‘(I) issue a civil citation; or 

8 ‘‘(II) take no action with respect 

9 to the offense for which the officer 

10 would otherwise have arrested the in11 dividual described in clause (i); and 

12 ‘‘(iii) that may authorize a law en13 forcement officer to refer an individual to 

14 substance use disorder treatment providers 

15 or mental health treatment providers if the 

16 individual appears to have a substance use 

17 disorder or mental health disorder and the 

18 officer suspects the individual of chronic 

19 violations of law but lacks probable cause 

20 to arrest the individual (commonly known 

21 as a ‘social contact referral’). 

22 ‘‘(2) SENSE OF CONGRESS REGARDING DEFLEC23 TION OR DIVERSION PROGRAMS.—It is the sense of 

24 Congress that a deflection or diversion program 

25 funded under this subpart should not exclude indiVerDate Sep 11 2014 22:48 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S5000.IS S5000

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1 viduals who are chronically exposed to the criminal 

2 justice system. 

3 ‘‘(3) REPORTS TO ATTORNEY GENERAL.—Not 

4 later than 2 years after the date on which a State 

5 or unit of local government is awarded a covered 

6 grant, and each year thereafter until the date that 

7 is 1 year after the date on which the period of the 

8 covered grant ends, the State or unit of local govern9 ment shall submit a report to the Attorney General 

10 that includes information relating to the deflection 

11 or diversion program carried out by the State or 

12 unit of local government, including information re13 lating to— 

14 ‘‘(A) the goals of the deflection or diver15 sion program; 

16 ‘‘(B) any evidence-based interventions car17 ried out under the deflection or diversion pro18 gram; 

19 ‘‘(C) outcomes of the deflection or diver20 sion program, which shall— 

21 ‘‘(i) be reported in a manner that dis22 tinguishes the outcomes based on the cat23 egories of, with respect to the participants 

24 in the deflection or diversion program— 


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1 ‘‘(I) the race of the participants; 

2 and 

3 ‘‘(II) the gender of the partici4 pants; and 

5 ‘‘(ii) include information relating to 

6 the rate of reincarceration among partici7 pants in the deflection or diversion pro8 gram, if available; and 

9 ‘‘(D) expenditures under the deflection or 

10 diversion program.’’. 

11 (c) TECHNICAL ASSISTANCE GRANT PROGRAM.— 

12 (1) DEFINITIONS.—In this subsection— 

13 (A) the term ‘‘deflection or diversion pro14 gram’’ has the meaning given the term in sub15 section (h) of section 501 of title I of the Omni16 bus Crime Control and Safe Streets Act of 

17 1968 (34 U.S.C. 10152), as added by sub18 section (b); and 

19 (B) the terms ‘‘State’’ and ‘‘unit of local 

20 government’’ have the meanings given those 

21 terms in section 901 of title I of the Omnibus 

22 Crime Control and Safe Streets Act of 1968 

23 (34 U.S.C. 10251). 

24 (2) GRANT AUTHORIZED.—The Attorney Gen25 eral shall award a single grant to an entity with sigVerDate Sep 11 2014 22:48 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S5000.IS S5000

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1 nificant experience in working with law enforcement 

2 agencies, community-based treatment providers, and 

3 other community-based human service providers to 

4 develop or administer both diversion and deflection 

5 programs, to promote and maximize the effectiveness 

6 and racial equity of deflection or diversion programs, 

7 in order to— 

8 (A) help State and units of local govern9 ment launch and expand deflection or diversion 

10 programs; 

11 (B) develop best practices for deflection or 

12 diversion teams, which shall include— 

13 (i) recommendations on community 

14 input and engagement in order to imple15 ment deflection or diversion programs as 

16 rapidly as possible and with regard to the 

17 particular needs of a community, including 

18 regular community meetings and other 

19 mechanisms for engagement with— 

20 (I) law enforcement agencies; 

21 (II) community-based treatment 

22 providers and other community-based 

23 human service providers; 

24 (III) the recovery community; 

25 and 


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1 (IV) the community at-large; and 

2 (ii) the implementation of metrics to 

3 measure community satisfaction con4 cerning the meaningful participation and 

5 interaction of the community with the de6 flection or diversion program and program 

7 stakeholders; 

8 (C) develop and publish a training and 

9 technical assistance tool kit for deflection or di10 version for public education purposes; 

11 (D) disseminate uniform criteria and 

12 standards for the delivery of deflection or diver13 sion program services; and 

14 (E) develop outcome measures that can be 

15 used to continuously inform and improve social, 

16 clinical, financial and racial equity outcomes. 

17 (3) TERM.—The term of the grant awarded 

18 under paragraph (2) shall be 5 years. 

19 (4) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to the At21 torney General $30,000,000 for the grant under 

22 paragraph (2). 

23 SEC. 403. HOUSING. 

24 Section 576 of the Quality Housing and Work Re25 sponsibility Act of 1998 (42 U.S.C. 13661 et seq.) is 


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1 amended by striking subsections (a), (b), and (c) and in2 serting the following: 

3 ‘‘(a) INELIGIBILITY OF ILLEGAL DRUG USERS AND

4 ALCOHOL ABUSERS.—Notwithstanding any other provi5 sion of law, a public housing agency or an owner of feder6 ally assisted housing, as determined by the Secretary, may 

7 only prohibit admission to the program or admission to 

8 federally assisted housing for an individual whom the pub9 lic housing agency or owner determines is illegally using 

10 a controlled substance or abusing alcohol if the agency or 

11 owner determines that the individual is using the con12 trolled substance or abusing alcohol in a manner that 

13 interferes with the health or safety of other residents. 

14 ‘‘(b) AUTHORITY TO DENY ADMISSION TO CRIMINAL

15 OFFENDERS.— 

16 ‘‘(1) IN GENERAL.—Except as provided in sub17 section (a), in addition to any other authority to 

18 screen applicants, and subject to paragraphs (2) and 

19 (3) of this subsection, a public housing agency or an 

20 owner of federally assisted housing may only pro21 hibit admission to the program or to federally as22 sisted housing for an individual based on criminal 

23 activity of the individual if the public housing agency 

24 or owner determines that the individual, during a 

25 reasonable time preceding the date on which the inVerDate Sep 11 2014 22:48 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S5000.IS S5000

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1 dividual would otherwise be selected for admission, 

2 was convicted of a crime involving conduct that 

3 threatens the health or safety of other residents. 

4 ‘‘(2) EXCEPTIONS AND LIMITATIONS.—A con5 viction that has been vacated, a conviction the 

6 record of which has been sealed or expunged, or a 

7 conviction for a crime committed by an individual 

8 when the individual was less than 18 years of age, 

9 shall not be grounds for denial of admission under 

10 paragraph (1). 

11 ‘‘(3) ADMISSION POLICY.— 

12 ‘‘(A) FACTORS TO CONSIDER.—In evalu13 ating the criminal history of an individual 

14 under paragraph (1), a public housing agency 

15 or an owner of federally assisted housing shall 

16 consider— 

17 ‘‘(i) whether an offense of which the 

18 individual was convicted bears a relation19 ship to the safety and security of other 

20 residents; 

21 ‘‘(ii) the level of violence, if any, of an 

22 offense of which the individual was con23 victed; 

24 ‘‘(iii) the length of time since a con25 viction; 


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1 ‘‘(iv) the number of convictions; 

2 ‘‘(v) if the individual is in recovery for 

3 a substance use disorder, whether the indi4 vidual was under the influence of alcohol 

5 or illegal drugs at the time of an offense; 

6 and 

7 ‘‘(vi) any rehabilitation efforts that 

8 the individual has undertaken since the 

9 time of a conviction, including completion 

10 of a substance use treatment program. 

11 ‘‘(B) WRITTEN POLICY.—A public housing 

12 agency or an owner of federally assisted hous13 ing shall establish and make available to appli14 cants a written admission policy that enumer15 ates the specific factors, including the factors 

16 described in subparagraph (A), that will be con17 sidered when the public housing agency or 

18 owner evaluates the criminal history of an indi19 vidual under paragraph (1).’’. 

20 SEC. 404. VETERANS TREATMENT COURTS. 

21 Section 2991 of title I of the Omnibus Crime Control 

22 and Safe Streets Act of 1968 (34 U.S.C. 10651) is amend23 ed— 

24 (1) in subsection (a)— 

25 (A) in paragraph (2)— 


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1 (i) in the matter preceding subpara2 graph (A)— 

3 (I) by inserting ‘‘, substance use 

4 disorder,’’ after ‘‘mental health’’; and 

5 (II) by inserting ‘‘or adults or ju6 veniles with substance use disorders’’ 

7 after ‘‘mentally ill adults or juve8 niles’’; 

9 (ii) in subparagraph (A), by inserting 

10 ‘‘or substance use’’ after ‘‘mental health’’; 

11 and 

12 (iii) in subparagraph (B), by inserting 

13 ‘‘or substance use’’ after ‘‘mental health’’; 

14 (B) in paragraph (4)— 

15 (i) in subparagraph (A), by inserting 

16 ‘‘or substance use disorder’’ after ‘‘mental 

17 health’’; and 

18 (ii) in subparagraph (C), by inserting 

19 ‘‘or offenders with substance use dis20 orders’’ after ‘‘mentally ill offenders’’; 

21 (C) in paragraph (5)— 

22 (i) in the heading, by inserting ‘‘OR

23 SUBSTANCE USE DISORDER’’ after ‘‘MEN24 TAL HEALTH’’; 


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1 (ii) by striking ‘‘mental health agen2 cy’’ and inserting ‘‘mental health or sub3 stance use agency’’; and 

4 (iii) by inserting ‘‘, substance use 

5 services,’’ after ‘‘mental health services’’; 

6 (D) in paragraph (9)— 

7 (i) in subparagraph (A)— 

8 (I) in clause (i)— 

9 (aa) in subclause (I), by in10 serting ‘‘, a substance use dis11 order,’’ after ‘‘a mental illness’’; 

12 and 

13 (bb) in subclause (II), by in14 serting ‘‘, substance use dis15 order,’’ after ‘‘mental illness’’; 

16 and 

17 (II) in clause (ii)(II), by inserting 

18 ‘‘or substance use’’ after ‘‘mental 

19 health’’; 

20 (E) by redesignating paragraph (11) as 

21 paragraph (12); and 

22 (F) by inserting after paragraph (10) the 

23 following: 


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1 ‘‘(11) SUBSTANCE USE COURT.—The term ‘sub2 stance use court’ means a judicial program that 

3 meets the requirements of part EE of this title.’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (2)— 

6 (i) in subparagraph (A), by inserting 

7 ‘‘, substance use courts,’’ after ‘‘mental 

8 health courts’’; 

9 (ii) in subparagraph (B)— 

10 (I) by inserting ‘‘mental health 

11 disorders, substance use disorders, or’’ 

12 before ‘‘co-occurring mental illness 

13 and substance use problems’’; and 

14 (II) by striking ‘‘illnesses’’ and 

15 inserting ‘‘disorders, illnesses, or 

16 problems’’; 

17 (iii) in subparagraph (C)— 

18 (I) in the matter preceding clause 

19 (i)— 

20 (aa) by striking ‘‘mental 

21 health agencies’’ and inserting 

22 ‘‘mental health or substance use 

23 agencies’’; and 


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1 (bb) by striking ‘‘and, where 

2 appropriate,’’ and inserting ‘‘or’’; 

3 and 

4 (II) in clause (i), by inserting ‘‘, 

5 substance use disorders,’’ after ‘‘men6 tal illness’’; and 

7 (iv) in subparagraph (D), by inserting 

8 ‘‘or offender with a substance use dis9 order’’ after ‘‘mentally ill offender’’; and 

10 (B) in paragraph (5)— 

11 (i) in subparagraph (B)— 

12 (I) in clause (i)— 

13 (aa) by inserting ‘‘or sub14 stance use court’’ after ‘‘mental 

15 health court’’; and 

16 (bb) by striking ‘‘mental 

17 health agency’’ and inserting 

18 ‘‘mental health or substance use 

19 agency’’; and 

20 (II) in clause (ii), by striking 

21 ‘‘and substance use services for indi22 viduals with co-occurring mental 

23 health and substance use disorders’’ 

24 and inserting ‘‘or substance use serv25 ices’’; 


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1 (ii) in subparagraph (C)— 

2 (I) in clause (i)(I), by inserting 

3 ‘‘, substance use disorders,’’ after 

4 ‘‘mental illness’’; 

5 (II) in clause (ii)— 

6 (aa) in subclause (II), by in7 serting ‘‘, substance use,’’ after 

8 ‘‘mental health,’’; 

9 (bb) in subclause (V), by 

10 striking ‘‘mental health services’’ 

11 and inserting ‘‘mental health or 

12 substance use services’’; and 

13 (cc) in subclause (VI), by in14 serting ‘‘or individuals with sub15 stance use disorders’’ after ‘‘men16 tally ill individuals’’; 

17 (iii) in subparagraph (D), by inserting 

18 ‘‘or offenders with substance use dis19 orders’’ after ‘‘mentally ill offenders’’; 

20 (iv) in subparagraph (E), by inserting 

21 ‘‘or substance use disorders’’ after ‘‘mental 

22 illness’’; 

23 (v) in subparagraph (H), by striking 

24 ‘‘and mental health’’ and inserting ‘‘, men25 tal health, and substance use’’; and 


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1 (vi) in subparagraph (I)— 

2 (I) in clause (i)— 

3 (aa) in the heading, by in4 serting ‘‘, SUBSTANCE USE

5 COURTS,’’ after ‘‘MENTAL

6 HEALTH COURTS’’; 

7 (bb) by inserting ‘‘or sub8 stance use courts’’ after ‘‘mental 

9 health courts’’; and 

10 (cc) by inserting ‘‘or part 

11 EE, as applicable,’’ after ‘‘part 

12 V’’; and 

13 (II) in clause (iv), by inserting 

14 ‘‘or substance use’’ after ‘‘mental 

15 health’’; 

16 (3) in subsection (c)— 

17 (A) in paragraph (1), by inserting ‘‘, of18 fenders with substance use disorders,’’ after 

19 ‘‘mentally ill offenders’’; 

20 (B) in paragraph (2), by inserting ‘‘ and 

21 offenders with substance use disorders’’ after 

22 ‘‘mentally ill offenders’’; and 

23 (C) in paragraph (3), by inserting ‘‘or sub24 stance use courts’’ after ‘‘mental health 

25 courts’’; 


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1 (4) in subsection (e)— 

2 (A) in paragraph (1), by inserting ‘‘or sub3 stance use disorders’’ after ‘‘mental illness’’; 

4 and 

5 (B) in paragraph (4), by inserting ‘‘or sub6 stance use disorders’’ after ‘‘mental illness’’; 

7 (5) in subsection (h)— 

8 (A) in the heading, by inserting ‘‘AND OF9 FENDERS WITH SUBSTANCE USE DISORDERS’’ 

10 after ‘‘MENTALLY ILL OFFENDERS’’; 

11 (B) in paragraph (1)— 

12 (i) in subparagraph (A), by inserting 

13 ‘‘or substance use disorders’’ after ‘‘mental 

14 illnesses’’; 

15 (ii) in subparagraph (C), by inserting 

16 ‘‘or offenders with substance use dis17 orders’’ after ‘‘mentally ill offenders’’; 

18 (iii) in subparagraph (D)— 

19 (I) by inserting ‘‘or substance 

20 use’’ after ‘‘mental health’’; and 

21 (II) by inserting ‘‘or offenders 

22 with substance use disorders’’ after 

23 ‘‘mentally ill offenders’’; 


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1 (iv) in subparagraph (E), by inserting 

2 ‘‘or substance use disorders’’ after ‘‘mental 

3 illnesses’’; and 

4 (v) in subparagraph (F), by inserting 

5 ‘‘, substance use disorders,’’ after ‘‘mental 

6 health disorders’’; and 

7 (C) in paragraph (2), by inserting ‘‘or sub8 stance use disorders’’ after ‘‘mental illnesses’’; 

9 (6) in subsection (i)(2)— 

10 (A) in subparagraph (B)— 

11 (i) by redesignating clauses (i), (ii), 

12 and (iii) as subclauses (I), (II), and (III), 

13 and adjusting the margins accordingly; 

14 (ii) in the matter preceding subclause 

15 (I), as so redesignated, by striking ‘‘shall 

16 give priority to applications that—’’ and 

17 inserting the following: ‘‘shall give priority 

18 to— 

19 ‘‘(i) applications that—’’; and 

20 (iii) by striking the period at the end 

21 and inserting the following: ‘‘; and 

22 ‘‘(ii) applications to establish or ex23 pand veterans treatment court programs 

24 that— 


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1 ‘‘(I) allow participation by a vet2 eran receiving any type of medication3 assisted treatment that involves the 

4 use of any drug or combination of 

5 drugs that have been approved under 

6 the Federal Food, Drug, and Cos7 metic Act (21 U.S.C. 301 et seq.) or 

8 section 351 of the Public Health Serv9 ice Act (42 U.S.C. 262) for the treat10 ment of an opioid use disorder; 

11 ‘‘(II) follow the Adult Drug 

12 Court Best Practice Standards pub13 lished by the National Association of 

14 Drug Court Professionals; and 

15 ‘‘(III) provide culturally com16 petent (as defined in section 102 of 

17 the Developmental Disabilities Assist18 ance and Bill of Rights Act of 2000 

19 (42 U.S.C. 15002)) services.’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(C) DISCLOSURE AND REPORTING RE22 QUIREMENTS.— 

23 ‘‘(i) REQUIREMENTS FOR VETERANS

24 TREATMENT COURT PROGRAM GRANT25 EES.—An applicant that receives a grant 


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1 under this subsection to establish or ex2 pand a veterans treatment court program 

3 shall— 

4 ‘‘(I) disclose to the Attorney 

5 General any contract or relationship 

6 between the applicant and a local 

7 treatment provider; 

8 ‘‘(II) track and report to the At9 torney General the number of refer10 rals to local treatment providers pro11 vided by the program; and 

12 ‘‘(III) track and report to the At13 torney General, with respect to each 

14 participant in the program— 

15 ‘‘(aa) each charge brought 

16 against the participant; 

17 ‘‘(bb) the demographics of 

18 the participant; and 

19 ‘‘(cc) the outcome of the 

20 participant’s case. 

21 ‘‘(ii) ATTORNEY GENERAL REPORT.— 

22 The Attorney General shall periodically 

23 submit to Congress a report containing the 

24 information reported to the Attorney Gen25 eral under clause (i). 


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1 ‘‘(D) SENSE OF CONGRESS REGARDING

2 VETERANS TREATMENT COURT PROGRAMS.—It 

3 is the sense of Congress that a veterans treat4 ment court program that receives funding from 

5 a grant under this subsection should not ex6 clude individuals who are chronically exposed to 

7 the criminal justice system.’’; 

8 (7) in subsection (j)— 

9 (A) in paragraph (1), by inserting ‘‘or sub10 stance use disorders’’ after ‘‘mental illness’’; 

11 and 

12 (B) in paragraph (2)(A), by inserting ‘‘or 

13 substance use disorders’’ after ‘‘mental ill14 nesses’’; 

15 (8) in subsection (k)(3)(A)(i)(I)(aa), by insert16 ing ‘‘ or substance use disorders’’ after ‘‘mental ill17 nesses’’; 

18 (9) in subsection (l)— 

19 (A) in paragraph (1)(B)(ii), by inserting 

20 ‘‘or substance use disorder’’ after ‘‘mental ill21 ness’’ each place that term appears; and 

22 (B) in paragraph (2)— 

23 (i) in subparagraph (C)(iii), by insert24 ing ‘‘or substance use’’ after ‘‘mental 

25 health’’; and 


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1 (ii) in subparagraph (D), by striking 

2 ‘‘mental health or’’ and inserting ‘‘mental 

3 health disorders, substance use disorders, 

4 or’’; and 

5 (10) in subsection (o)(3)— 

6 (A) by striking ‘‘LIMITATION’’ and insert7 ing ‘‘VETERANS’’; 

8 (B) by striking ‘‘Not more than’’ and in9 serting the following: 

10 ‘‘(A) LIMITATION.—Not more than’’; 

11 (C) in subparagraph (A), as so designated, 

12 by striking ‘‘this section’’ and inserting ‘‘para13 graph (1)’’; and 

14 (D) by adding at the end the following: 

15 ‘‘(B) ADDITIONAL FUNDING.—In addition 

16 to the amounts authorized under paragraph (1), 

17 there are authorized to be appropriated to the 

18 Department of Justice to carry out subsection 

19 (i) $20,000,000 for each of fiscal years 2021 

20 through 2026.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS